NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8696
SPONSOR: Jones TITLE OF BILL:
An act to amend the general business law, in relation to the sale and
labeling of milk and milk products
PURPOSE:
Provides that only products containing one hundred percent milk may use
the term "milk" on labels and advertisements.
SUMMARY OF PROVISIONS:
Section 1. The general business law is amended by adding a new article
16-A to read as follows:
§ 266. Definitions. For the purposes of this article: "Milk" shall mean
a whitish liquid containing proteins, fats, lactose, and various vita-
mins and minerals that is produced by the mammary glands of female cows,
goats, or other animals, used as food by humans; including such liquid,
as described herein, as may be altered by vitamin additives.
§ 267. Selling and labeling of milk. Only products containing one
hundred percent milk, as defined in section two hundred sixty-six of
this article, shall use the term "milk" on any label ox advertisement of
such product. The term "milk" may be used in the nutritional notations
of any product where appropriate.
Section 2 establishes the effective date. Justification: This bill would
seek to prevent the advertisement of non-dairy products as "milk". Arti-
ficial milk products tend to benefit from dairy based advertisement by
labeling their products as "milk" when it actually contains no dairy
products. False representation of a product can be misleading to the
consumer and public purchasing the item. Only products containing one
hundred percent milk should be allowed to use the term "milk" on any
label and advertisement of such product.
JUSTIFICATION:
Plant-based milk alternative products have become ever more popular in
recent years. These products are often generally marketed as milk
products, potentially misleading the consumer as to the true contains of
such products. This legislation will establish truth in labeling by
defining the term "milk" to primarily include milk derived from milk-
producing animals, which is necessary so that the public can make
informed decisions as to what they choose to consume.
LEGISLATIVE HISTORY:
2015/2016 Referred to Consumer Affairs Committee
2017/2018 Referred to Consumer Affairs and Protection
06/04/19 referred to consumer affairs and protection
01/08/20 referred to consumer affairs and protection
03/09/20amend (t) and recommit to consumer affairs and protection
03/09/20 print number 8144-A0
1/22/21 Referred to consumer affairs and protection
01/05/22 Referred to consumer affairs and protection
01/17/23 Referred to consumer affairs and protection
01/03/24 Referred to consumer affairs and protection
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first October next succeeding the date
on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
8696
2025-2026 Regular Sessions
IN ASSEMBLY
May 30, 2025
___________
Introduced by M. of A. JONES, KAY -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the sale and
labeling of milk and milk products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new article
2 16-A to read as follows:
3 ARTICLE 16-A
4 SALE AND LABELING OF MILK AND MILK PRODUCTS
5 Section 266. Definitions.
6 267. Selling and labeling of milk and milk products.
7 § 266. Definitions. For the purposes of this article: 1. "Milk" shall
8 mean the lacteal secretion obtained from one or more healthy mammals,
9 e.g., cows, goats, sheep, and water buffalo;
10 2. "Milk products" shall mean food products made exclusively or prin-
11 cipally from milk, including, but not limited to, the following: milk,
12 whole milk, lowfat milk, skim milk, cream, half and half, dry milk,
13 nonfat dry milk, dry cream, condensed or concentrated milk products,
14 cultured or acidified milk or milk products, kefir, eggnog, yogurt,
15 butter, cheese (where not specifically exempted by regulation), whey,
16 condensed or dry whey or whey products, ice cream, ice milk, other
17 frozen dairy desserts and products obtained by modifying the chemical or
18 physical characteristics of milk, cream, or whey by using cultures,
19 enzymes, solvents, heat, pressure, cooling, vacuum, ultrafiltration, or
20 other similar processes, and any such product made by the addition or
21 subtraction of milkfat or the addition of safe and suitable optional
22 ingredients.
23 § 267. Selling and labeling of milk and milk products. Only products
24 that contain milk, as defined in section two hundred sixty-six of this
25 article, shall use any of the terms defined as "milk products" pursuant
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04580-01-5
A. 8696 2
1 to section two hundred sixty-six of this article on any label or adver-
2 tisement of such product.
3 § 2. This act shall take effect on the first of October next succeed-
4 ing the date on which it shall have become a law.
