BILL NUMBER: S3585
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the general business law, in relation to restricting the
retail sale of spices which exceed lead level limits
 
PURPOSE:
Places restrictions on the retail sale of spices where maximum levels of
certain leads are exceeded.
 
SUMMARY OF PROVISIONS:
Section 1 adds a new Article 25 -D of the General Business Law to
restrict the retail sale of spices where maximum levels of leads are
exceeded:
§ 389-U Provides definitions for the application of the article
§ 389-V Creates restrictions on the retail sale where leads exceed the
levels currently in place in the European Union 3 89-W Provides that the
Attorney General enforce the provisions of the article and may seek
damages for a violation of the maximum limits. 3 89-X Provides that the
maximum limits may be superseded by an act of Congress or the Food and
Drug Administration.
Section 2 is the effective date.
 
JUSTIFICATION:
New York State and the United States as a whole have not kept pace with
more aggressive action taken by the European Union as it relates to food
safety. In order to ensure that the sale of spices, the vast majority of
which are imported, can continue in a safe manner, this legislation
aligns New York with the existing restrictions imposed by the European
Union.
Because spices are generally consumed in smaller quantities, the limits
may vary from other food regulations as it is based upon the volume an
individual may consume. Likewise, the variable amounts are listed for
each type of spice, from fruit, bark, root, or flower/pistil because
spices may have a wide variation in the uptake of a contaminant in the
ground soil. Therefore the levels established here reflect the potential
for contamination, as well as the resulting potential for exposure.
Because leads persist and cause harm to humans in large quantities the
enactment of this legislation is necessary in order to protect New York-
ers from the sale of spices which would otherwise cause harm.
 
LEGISLATIVE HISTORY:
2024: S.7036A - Passed Senate
2023: S.7036 - Referred to Consumer Protection
 
FISCAL IMPACT:
None to the State
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.