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A08696 Summary:

BILL NOA08696
 
SAME ASNo Same As
 
SPONSORJones
 
COSPNSRKay
 
MLTSPNSR
 
Add Art 16-A §§266 & 267, Gen Bus L
 
Provides that only products containing milk may use the term "milk product" on labels and advertisements; defines "milk product".
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A08696 Actions:

BILL NOA08696
 
05/30/2025referred to consumer affairs and protection
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A08696 Memo:

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.
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A08696 Text:



 
                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.
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