Bill Text: NY S03829 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that no person, corporation, partnership or limited liability company shall knowingly sell any food product advertised or labeled as "local" unless such food product originated in New York or meets other guidelines established for retail food products.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2019-12-13 - VETOED MEMO.214 [S03829 Detail]

Download: New_York-2019-S03829-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3829
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 15, 2019
                                       ___________
        Introduced  by  Sen. METZGER -- 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  adver-
          tising and labeling of locally produced food
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 211 to read as follows:
     3    §  211.  Advertising  and  labeling  of locally produced foods. 1. For
     4  purposes of this section "retail food product" shall  mean  articles  of
     5  food,  drink,  confectionary  or  condiment,  whether  simple,  mixed or
     6  compound, including all substances or ingredients added to food for  any
     7  purpose, intended for human consumption.
     8    2.  No  person,  corporation, partnership or limited liability company
     9  shall knowingly sell or offer for sale at retail any retail food product
    10  advertised or labeled as "local", "locally grown",  "locally  produced",
    11  "locally  sourced"  or  any substantially similar term, unless such food
    12  product: (i) is grown, raised, or harvested in New York state;  or  (ii)
    13  its  components that are essential to such product's identity are grown,
    14  raised, harvested or produced in New York state; or (iii) is defined  in
    15  law as New York state labelled, manufactured, or produced.
    16    3. A retail food product may also be advertised or labeled as local if
    17  it  was  grown, raised, harvested or produced outside of New York state,
    18  or contains essential components not sourced in  New  York,  if  it  has
    19  additional  descriptive  language  identifying  the  state  or region or
    20  distance from the border of New York state where  such  product  or  its
    21  components  that  are  essential  to  such product's identity are grown,
    22  raised, harvested or produced displayed adjacent to and in the same size
    23  font as the term or terms indicating it is local in such advertising  or
    24  labeling.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01242-01-9
        S. 3829                             2
     1    4.  The  commissioner  is hereby authorized to develop rules and regu-
     2  lations to provide guidance to businesses selling retail  food  products
     3  pursuant to this section.
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it  shall have become a law, provided that any rule or regulation neces-
     6  sary for the timely implementation of this act on its effective date may
     7  be promulgated on or before such date,  provided  further  however  that
     8  retailers  shall have ninety days from the effective date of this act to
     9  sell through product subject to the provisions of this act which is held
    10  in inventory on the effective date of this act.