NY State Senate Bill 2011-S5317

Senate Bill S5317

Vetoed By Governor

2011-2012 Legislative Session

Requires a warning to be printed on baby-bottle and sippy cup packaging concerning tooth decay

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2011	vetoed memo.79
Sep 12, 2011	delivered to governor
Jun 23, 2011	returned to senate passed assembly ordered to third reading rules cal.597 substituted for a7714
Jun 21, 2011	referred to codes delivered to assembly passed senate
Jun 20, 2011	ordered to third reading cal.1423 committee discharged and committed to rules
May 05, 2011	referred to consumer protection

Votes

- Jun 21, 2011 - Floor Vote
  S5317
  
  39
  
  Aye
  
  21
  
  Nay
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2011
      
      aye (39)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Breslin
      
      Carlucci
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Libous
      
      Marcellino
      
      Martins
      
      McDonald
      
      Montgomery
      
      Oppenheimer
      
      Perkins
      
      Ritchie
      
      Rivera
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      nay (21)
      
      Ball
      
      Bonacic
      
      DeFrancisco
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Krueger
      
      Kruger
      
      Larkin
      
      Little
      
      Maziarz
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Robach
      
      Squadron
      
      Stavisky
      
      Young
      
      Zeldin
      
      absent (2)
      
      Duane
      
      Smith
  Jun 20, 2011 - Rules Committee Vote
  S5317
  
  15
  
  Aye
  
  0
  
  Nay
  
  9
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2011
      
      aye (15)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Farley
      
      Hannon
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Saland
      
      Sampson
      
      Skelos
      
      Smith
      
      aye wr (9)
      
      Duane
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      Maziarz
      
      Nozzolio
      
      Perkins
      
      Seward
      
      Stewart-Cousins

2011-S5317 (ACTIVE) - Details

See Assembly Version of this Bill:: A7714
Law Section:: General Business Law
Laws Affected:: Add §391-r, Gen Bus L

2011-S5317 (ACTIVE) - Summary

Requires a warning to be printed on baby-bottle and sippy cup packaging concerning tooth decay.

2011-S5317 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5317

TITLE OF BILL:
An act
to amend the general business law, in relation to requiring a
warning to be printed on
baby-bottle and sippy cup packaging concerning tooth decay

PURPOSE:
The purpose of this bill is to protect the safety of young
children by requiring baby bottles and sippy cups to bear a label
containing a warning regarding the risk of early childhood tooth
decay associated with the prolonged use of such products.

SUMMARY OF PROVISIONS:
Section 1 adds new section 391-r to the general
business law providing a definition for "sippy cup" and "packaging";
provides warning message; and specifies a civil penalty for violation.

JUSTIFICATION:
It is crucial that parents and other
caregivers are
made aware of the health hazards to infant and children's teeth
directly attributed to the overuse of sippy cups. Sippy cups provide
a convenience and a means of pacifying; parents and caregivers often
allow a child to carry the sippy cup for prolonged amounts of time,

including time spent sleeping. During that time, sugary beverages
other than water can pool in the child's mouth causing tooth decay.
According to the American Academy of Pediatric Dentistry, sippy cups
are intended to wean a child off of a bottle and transition them into
using a cup. Parents often see sippy cups as a convenience, a
pacifier, and a way to reduce spilling in the home. The Academy adds
further light to a Centers for Disease Control (CDC) report comparing
the dental health of Americans in 1988-1994 and 1999-2002. That
report found that while cavities decreased among older children,
cavities in two- to five-year-olds actually increased 15.2 percent.
This legislation is intended to promote better oral health outcomes
among infants and children. In addition to resulting in fewer
cavities among young children, it is believed that as a result of
increased awareness among parents about the benefits
of limiting the time a child may drink from a sippy cup this
legislation may result in a lower rate of dental malformations and
other oral defects caused by the frequent use of sippy cups by small
children. This bill addresses the concerns raised by the Governor in
his veto of similar legislation in 2010 (A.4501-A). The bill revises
the definition of "sippy cup to exclude travel or "to-go" mugs and
sports bottles. The bill also revises the required warning label by
including language that clarifies the meaning of "prolonged periods"
and specifically referencing the risk of allowing children to go to
sleep with a baby bottle or sippy cup.

LEGISLATIVE HISTORY:
2010: S.8014- Passed Both Houses; Veto Memo 6719

FISCAL IMPLICATIONS:
None to the State.


EFFECTIVE DATE:
One hundred and eighty days after enactment.

2011-S5317 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5317

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 5, 2011
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN  ACT  to  amend  the general business law, in relation to requiring a
  warning to be printed on baby-bottle and sippy cup packaging  concern-
  ing tooth decay

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-r to read as follows:
  S 391-R. BABY-BOTTLES AND SIPPY CUPS; LABEL REQUIRED. 1.  DEFINITIONS.
AS USED IN THIS SECTION, THE TERM:
  A. "SIPPY CUP" SHALL MEAN A VESSEL WITH A DUCK-BILLED LID, BILL-SHAPED
EXTENSION OR BILL-SHAPED SPOUT PRIMARILY INTENDED FOR  USE  BY  CHILDREN
UNDER FIVE YEARS OF AGE;
  B. "PACKAGING" SHALL MEAN ANY TYPE OF CONTAINER, ARTICLE, OR ITEM THAT
IS USED TO CONTAIN OR HOLD AN INDIVIDUAL OR GROUP OF BABY-BOTTLES AND/OR
SIPPY  CUPS  WHEN  SOLD  TO CONSUMERS.   PACKAGING SHALL NOT INCLUDE THE
CONTAINER, ARTICLE, OR ITEM THAT IS USED TO CONTAIN OR HOLD AN  INDIVID-
UAL  OR GROUP OF BABY-BOTTLES AND/OR SIPPY CUPS WHEN SUCH ARE SHIPPED TO
THE MERCHANT OR RETAILER.
  2. A. EVERY MANUFACTURER OR IMPORTER OF BABY-BOTTLES AND/OR SIPPY CUPS
SOLD OR DISTRIBUTED IN NEW YORK STATE SHALL  CLEARLY  AND  CONSPICUOUSLY
LABEL  SUCH  PRODUCT,  OR  ITS PACKAGING IN LIKE OR SIMILAR TERMS TO THE
FOLLOWING:
  "WARNING: ALLOWING YOUR CHILD TO USE THIS PRODUCT FOR PROLONGED  PERI-
ODS  SEPARATE  FROM  REGULAR  MEALTIMES OR TO GO TO SLEEP WHILE DRINKING
LIQUIDS, OTHER THAN WATER, FROM THIS BABY-BOTTLE OR SIPPY CUP (WHICHEVER
IS APPLICABLE TO THE PRODUCT UPON WHICH THE LABEL WILL  BE  PLACED)  MAY
CAUSE OR CONTRIBUTE TO EARLY CHILDHOOD TOOTH DECAY."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10556-01-1

S. 5317                             2

  B.  THIS  SUBDIVISION  SHALL APPLY ONLY TO BABY-BOTTLES AND SIPPY CUPS
MANUFACTURED OR IMPORTED  ON  AND  AFTER  THE  EFFECTIVE  DATE  OF  THIS
SECTION.
  3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS ARTICLE, AN
INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION.  WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS ARTI-
CLE HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE  THAN
FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND NOT MORE THAN ONE THOU-
SAND  DOLLARS  FOR ANY SUBSEQUENT VIOLATION. IN CONNECTION WITH ANY SUCH
PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO  TAKE  PROOF
AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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