S T A T E O F N E W Y O R K
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1304
2009-2010 Regular Sessions
I N S E N A T E
January 28, 2009
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Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting the rewrapping, repackaging or recycling of meat and poultry
contained in a wrapping or packaging labeled with a first sale date
and/or last sell-by date, prohibiting the changing of any such dates,
and requiring that the period from the first sale date to last sell-by
date as so labeled be no more than three days
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
section 214-o to read as follows:
S 214-O. REWRAPPING, REPACKAGING OR RECYCLING OF MEAT AND POULTRY
CONTAINED IN A WRAPPING OR PACKAGING LABELED WITH A FIRST SALE OR SELL-
BY DATE PROHIBITED; CHANGE OF DATE PROHIBITED; THREE-DAY SALE PERIOD
PROVIDED. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED FOUR-
TEEN-M OF THIS ARTICLE:
1. MEAT OR POULTRY OFFERED FOR SALE IN A WRAPPING OR PACKAGING THAT IS
STAMPED OR LABELED WITH THE FIRST DATE THE MEAT OR POULTRY IS TO BE
OFFERED FOR SALE, OR WITH THE LAST DATE BY WHICH THE MEAT OR POULTRY MAY
BE SOLD, OR WITH BOTH SUCH DATES, SHALL NOT BE REWRAPPED, REPACKAGED OR
RECYCLED PRIOR TO SALE NOR SHALL ANY SUCH DATES BE ALTERED OR CHANGED.
THE LAST DATE BY WHICH THE MEAT OR POULTRY MAY BE SOLD AS SO LABELED
SHALL NOT BE MORE THAN THREE DAYS FROM THE FIRST DATE LABELED FOR THE
MEAT OR POULTRY TO BE OFFERED FOR SALE.
2. IT SHALL BE A MISDEMEANOR TO SELL OR OFFER FOR SALE MEAT OR POULTRY
IN VIOLATION OF THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
SUCH MEAT OR POULTRY IS HEREBY DEEMED TO BE UNWHOLESOME OR ADULTERATED
AND ANY PERSON WHO, OR ANY ENTITY WHICH, SELLS OR OFFERS FOR SALE SUCH
UNWHOLESOME OR ADULTERATED MEAT OR POULTRY SHALL BE SUBJECT TO ALL OF
THE FEDERAL AND STATE REGULATIONS AND FINES AND PENALTIES FOR VIOLATIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07310-01-9
S. 1304 2
APPLICABLE TO THE SALE OR OFFERING FOR SALE OF UNWHOLESOME OR ADULTERAT-
ED MEAT. WITHOUT LIMITING THE FOREGOING, THE COMMISSIONER MAY CLOSE ANY
ESTABLISHMENT WHICH SELLS MEAT OR POULTRY IN VIOLATION OF SUBDIVISION
ONE OF THIS SECTION; MEAT OR POULTRY FOUND BEING OFFERED FOR SALE AFTER
THE SELL-BY DATE LABELED ON ITS PACKAGING SHALL BE CONFISCATED; AND THE
ESTABLISHMENT SHALL BE SUBJECT TO AN ADDITIONAL PENALTY OF UP TO ONE
THOUSAND DOLLARS FOR EACH DAY IT IS FOUND IN WILLFUL VIOLATION OF SUBDI-
VISION ONE OF THIS SECTION.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date is authorized and directed to be made and completed
on or before such effective date.