NY State Senate Bill 2017-S3877A

Senate Bill S3877A

2017-2018 Legislative Session

Relates to the governance of food labels or the portion of food produced, processed, transported, stored, marketed, distributed, sold or offered for sale by the state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Feb 28, 2018	advanced to third reading
Feb 27, 2018	2nd report cal. amended 3877a
Feb 13, 2018	1st report cal.493
Jan 03, 2018	referred to agriculture returned to senate died in assembly
Jun 21, 2017	referred to agriculture delivered to assembly passed senate
Mar 13, 2017	advanced to third reading
Mar 08, 2017	2nd report cal.
Mar 07, 2017	1st report cal.325
Jan 27, 2017	referred to agriculture

Votes

- Jun 21, 2017 - Floor Vote
  S3877A
  
  45
  
  Aye
  
  16
  
  Nay
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (45)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (16)
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Diaz
      
      Gianaris
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Krueger
      
      Montgomery
      
      Parker
      
      Persaud
      
      Rivera
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      absent (2)
      
      Sanders Jr.
      
      Serrano
  Feb 13, 2018 - Agriculture Committee Vote
  S3877A
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Feb 13, 2018
      
      aye (10)
      
      Brooks
      
      Comrie
      
      Funke
      
      Gallivan
      
      Montgomery
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Seward
      
      Valesky
      
      aye wr (1)
      
      Serrano
  Mar 7, 2017 - Agriculture Committee Vote
  S3877A
  
  9
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Mar 7, 2017
      
      aye (9)
      
      Brooks
      
      Comrie
      
      Funke
      
      Gallivan
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Seward
      
      Valesky
      
      nay (2)
      
      Montgomery
      
      Serrano

Bill Amendments

Original

A (Active)

2017-S3877 - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§2 & 16, Ag & Mkts L
Versions Introduced in 2015-2016 Legislative Session:: S4933

2017-S3877 - Summary

Relates to the governance of food labels or the portion of food produced, processed, transported, stored, marketed, distributed, sold or offered for sale by the state; vests jurisdiction in all matters pertaining to such exclusively in the state; preempts any local rule or ordinance on such subject.

2017-S3877 - Sponsor Memo

                                 BILL NUMBER:  S3877

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to the
governance of food labels or the portion of food produced, processed,
transported, stored, marketed, distributed, sold or offered for sale
by the state

 PURPOSE :

To clarify that food labeling is vested exclusively in the state.

 SUMMARY OF PROVISIONS :

Section one - adds two new subdivisions to section 2 of the
Agriculture and Markets Law to define "portion" and "food label."

Section two - amends subdivision 1 of section 16 of the Agriculture
and Markets Law to add that jurisdiction in all matters pertaining to
the food label or the portion of food produced, processed,
transported, stored, marketed, distributed, sold or offered for sale
in the state is vested exclusively in the state. It further provides
that any local law or ordinance relating to these matters will be
preempted upon the effective date of the law.

Section three - is the effective date.

 JUSTIFICATION :

Recently, some local governments have considered passing their own
local laws relating to food labels and food portions. Food vendors and
processors typically have standard labels that they use for their
products, based upon state and federal rules, and usually sell in many
locations across the state. It would be very harmful to intrastate
commerce to arrive at a situation where various municipalities across
the state have their own special label and portion laws, so that
rather than having standard labels and portion sizes, each food
producer would have to use a different label depending upon where the
product was going. The inevitable result would be higher costs to
consumers, less choice for consumers, and situations where the rules
for a particular municipality might actually be in apparent conflict
with state rules. A variety of food labels would also cause confusion
to consumers, who might be unfamiliar with the unique label format
required by a particular municipality. This bill promotes uniformity
of food labels across the state, based upon the requirements
promulgated by the state that will best serve the consumers and
producers in New York.

 LEGISLATIVE HISTORY :

2015-16 - S.4933-A -- RULES

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the 180th day after is shall have become
law.

2017-S3877 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3877
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   governance  of food labels or the portion of food produced, processed,
   transported, stored, marketed, distributed, sold or offered  for  sale
   by the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of the agriculture and markets law is amended  by
 adding two new subdivisions 6 and 7 to read as follows:
   6. "PORTION" MEANS THE AMOUNT OF A GIVEN FOOD SOLD OR OFFERED FOR SALE
 INCLUDING, BUT NOT LIMITED TO, THE SIZE OF THE CONTAINER OR PACKAGING IN
 WHICH THE FOOD IS SOLD OR OFFERED FOR SALE.
   7.  "FOOD  LABEL"  MEANS  ANY AFFIXATION TO OR MARKING ON A PACKAGE OF
 FOOD AS TO ITS NATURE OR QUALITY, OR THE CONTENTS OF A MATERIAL, PACKAGE
 OR CONTAINER OR THE NAME OF THE MAKER.
   § 2. Subdivision 1 of section 16 of the agriculture and  markets  law,
 as  amended  by  chapter  639 of the laws of 2004, is amended to read as
 follows:
   1. Execute and carry into effect the laws of the state and  the  rules
 of  the  department, relative to agriculture, horticulture, farm, fruit,
 and dairy products, aquaculture, and the production, processing,  trans-
 portation,  storage,  marketing  and  distributing  of food; enforce and
 carry into effect the provisions of the laws of the  state  relative  to
 weights and measures. JURISDICTION IN ALL MATTERS PERTAINING TO THE FOOD
 LABEL  OR  THE PORTION OF FOOD PRODUCED, PROCESSED, TRANSPORTED, STORED,
 MARKETED, DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS STATE IS  VESTED
 EXCLUSIVELY  IN  THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE,
 OR ANY RULE OR REGULATION PROMULGATED THERETO, GOVERNING THE FOOD  LABEL
 OR THE PORTION OF FOOD PRODUCED, PROCESSED, TRANSPORTED, STORED, MARKET-
 ED,  DISTRIBUTED,  SOLD OR OFFERED FOR SALE IN THE STATE SHALL, UPON THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07940-01-7

 S. 3877                             2
 
 EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF  TWO  THOUSAND  SEVENTEEN
 WHICH AMENDED THIS SUBDIVISION, BE PREEMPTED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2017-S3877A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§2 & 16, Ag & Mkts L
Versions Introduced in 2015-2016 Legislative Session:: S4933

2017-S3877A (ACTIVE) - Summary

2017-S3877A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3877A

SPONSOR: RANZENHOFER
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
governance of food labels or the portion of food produced, processed,
transported, stored, marketed, distributed, sold or offered for sale by
the state

 
PURPOSE:

To clarify that food labeling is vested exclusively in the state.

 
SUMMARY OF PROVISIONS:

Section one - adds two new subdivisions to section 2 of the Agriculture
and Markets Law to define "portion" and "food label."

Section two - amends subdivision 1 of section 16 of the Agriculture and
Markets Law to add that jurisdiction in all matters pertaining to the

food label or the portion of food produced, processed, transported,
stored, marketed, distributed, sold or offered for sale in the state is
vested exclusively in the state. It further provides that any local law
or ordinance relating to these matters will be preempted upon the effec-
tive date of the law.

Section three - is the effective date.

 
JUSTIFICATION:

Recently, some local governments have considered passing their own local
laws relating to food labels and food portions. Food vendors and proces-
sors typically have standard labels that they use for their products,
based upon state and federal rules, and usually sell in many locations
across the state. It would be very harmful to intrastate commerce to
arrive at a situation where various municipalities across the state have
their own special label and portion laws, so that rather than having
standard labels and portion sizes, each food producer would have to use
a different label depending upon where the product was going. The inevi-
table result would be higher costs to consumers, less choice for consum-
ers, and situations where the rules for a particular municipality might
actually be in apparent conflict with state rules. A variety of food
labels would also cause confusion to consumers, who might be unfamiliar
with the unique label format required by a particular municipality. This
bill promotes uniformity of food labels across the state, based upon the
requirements promulgated by the state that will best serve the consumers
and producers in New York.

 
LEGISLATIVE HISTORY:

2015-16 - S.4933-A -- RULES
2017 - S.3877 - PASSED SENATE

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after is shall have become
law.

2017-S3877A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3877--A
     Cal. No. 493
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Agriculture -- recom-
   mitted to the Committee on Agriculture in accordance with Senate  Rule
   6,  sec. 8 -- reported favorably from said committee, ordered to first
   report, amended on first  report,  ordered  to  a  second  report  and
   ordered reprinted, retaining its place in the order of second report
 
 AN  ACT  to  amend  the  agriculture and markets law, in relation to the
   governance of food labels or the portion of food produced,  processed,
   transported,  stored,  marketed, distributed, sold or offered for sale
   by the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2 of the agriculture and markets law is amended by
 adding two new subdivisions 6 and 7 to read as follows:
   6. "PORTION" MEANS THE AMOUNT OF A GIVEN FOOD SOLD OR OFFERED FOR SALE
 INCLUDING, BUT NOT LIMITED TO, THE SIZE OF THE CONTAINER OR PACKAGING IN
 WHICH THE FOOD IS SOLD OR OFFERED FOR SALE.
   7. "FOOD LABEL" MEANS ANY AFFIXATION TO OR MARKING  ON  A  PACKAGE  OF
 FOOD AS TO ITS NATURE OR QUALITY, OR THE CONTENTS OF A MATERIAL, PACKAGE
 OR CONTAINER OR THE NAME OF THE MAKER.
   §  2.  Subdivision 1 of section 16 of the agriculture and markets law,
 as amended by chapter 639 of the laws of 2004, is  amended  to  read  as
 follows:
   1.  Execute  and carry into effect the laws of the state and the rules
 of the department, relative to agriculture, horticulture,  farm,  fruit,
 and  dairy products, aquaculture, and the production, processing, trans-
 portation, storage, marketing and  distributing  of  food;  enforce  and
 carry  into  effect  the provisions of the laws of the state relative to
 weights and measures. JURISDICTION IN ALL MATTERS PERTAINING TO THE FOOD
 LABEL OR THE PORTION OF FOOD PRODUCED, PROCESSED,  TRANSPORTED,  STORED,
 MARKETED,  DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS STATE IS VESTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07940-02-8

 S. 3877--A                          2
 
 EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW  OR  ORDINANCE,
 OR  ANY RULE OR REGULATION PROMULGATED THERETO, GOVERNING THE FOOD LABEL
 OR THE PORTION OF FOOD PRODUCED, PROCESSED, TRANSPORTED, STORED, MARKET-
 ED,  DISTRIBUTED,  SOLD OR OFFERED FOR SALE IN THE STATE SHALL, UPON THE
 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN WHICH
 AMENDED THIS SUBDIVISION, BE PREEMPTED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.