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File #: Int 1378-2019    Version: Name: Banning the sale or provision of certain force-fed poultry products.
Type: Introduction Status: Enacted
Committee: Committee on Health
On agenda: 1/24/2019
Enactment date: 11/25/2019 Law number: 2019/202
Title: A Local Law to amend the administrative code of the city of New York, in relation to banning the sale or provision of certain force-fed poultry products
Sponsors: Carlina Rivera , Brad S. Lander, Justin L. Brannan, Robert F. Holden, Ydanis A. Rodriguez, Fernando Cabrera , Andrew Cohen, Helen K. Rosenthal, Diana Ayala , Rafael L. Espinal, Jr., The Public Advocate (Mr. Williams), Mark Levine, Costa G. Constantinides, Stephen T. Levin, Margaret S. Chin, Alicka Ampry-Samuel , Alan N. Maisel, Carlos Menchaca, Barry S. Grodenchik, Karen Koslowitz, Antonio Reynoso, Paul A. Vallone, Adrienne E. Adams, Farah N. Louis, Donovan J. Richards, Robert E. Cornegy, Jr., James G. Van Bramer, Keith Powers , Daniel Dromm , Eric A. Ulrich
Council Member Sponsors: 30
Summary: This bill would prohibit retail food establishments or food service establishments from storing, maintaining, selling, or offering to sell force-fed products or food containing a force-fed product. The bill creates a rebuttable presumption that any item with a label or listed on the menu as “foie gras” is the product of force-feeding.
Attachments: 1. Summary of Int. No. 1378-A, 2. Summary of Int. No. 1378, 3. Int. No. 1378, 4. January 24, 2019 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 1-24-19, 6. Committee Report 6/18/19, 7. Hearing Testimony 6/18/19, 8. Hearing Transcript 6/18/19, 9. Proposed Int. No. 1378-A - 10/28/19, 10. Committee Report 10/29/19, 11. Hearing Transcript 10/29/19, 12. Committee Report - Stated Meeting, 13. October 30, 2019 - Stated Meeting Agenda with Links to Files, 14. Hearing Transcript - Stated Meeting 10-30-19, 15. Int. No. 1378-A (FINAL), 16. Fiscal Impact Statement, 17. Mayor's Letter
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
11/25/2019ACarlina Rivera City Council Recved from Mayor by Council  Action details Meeting details Not available
11/25/2019ACarlina Rivera Mayor Signed Into Law by Mayor  Action details Meeting details Not available
11/25/2019ACarlina Rivera Mayor Bill Signing Scheduled by Mayor  Action details Meeting details Not available
11/19/2019ACarlina Rivera Mayor Hearing Held by Mayor  Action details Meeting details Not available
10/30/2019ACarlina Rivera City Council Sent to Mayor by Council  Action details Meeting details Not available
10/30/2019ACarlina Rivera City Council Approved by CouncilPass Action details Meeting details Not available
10/29/2019*Carlina Rivera Committee on Health Hearing Held by Committee  Action details Meeting details Not available
10/29/2019*Carlina Rivera Committee on Health Amendment Proposed by Comm  Action details Meeting details Not available
10/29/2019*Carlina Rivera Committee on Health Amended by Committee  Action details Meeting details Not available
10/29/2019ACarlina Rivera Committee on Health Approved by CommitteePass Action details Meeting details Not available
6/18/2019*Carlina Rivera Committee on Health Hearing Held by Committee  Action details Meeting details Not available
6/18/2019*Carlina Rivera Committee on Health Laid Over by Committee  Action details Meeting details Not available
1/24/2019*Carlina Rivera City Council Referred to Comm by Council  Action details Meeting details Not available
1/24/2019*Carlina Rivera City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1378-A

 

By Council Members Rivera, Lander, Brannan, Holden, Rodriguez, Cabrera, Cohen, Rosenthal, Ayala, Espinal, the Public Advocate (Mr. Williams), Levine, Constantinides, Levin, Chin, Ampry-Samuel, Maisel, Menchaca, Grodenchik, Koslowitz, Reynoso, Vallone, Adams, Louis, Richards, Cornegy, Van Bramer, Powers, Dromm and Ulrich

 

A Local Law to amend the administrative code of the city of New York, in relation to banning the sale or provision of certain force-fed poultry products

 

Be it enacted by the Council as follows:

 

Section 1. Title 17 of the administrative code of the city of New York is amended by adding a new chapter 19 to read as follows:

CHAPTER 19

FORCE-FED PRODUCTS

§ 17-1901 Definitions.

§ 17-1902 Prohibited conduct.

§ 17-1903 Enforcement.

                     § 17-1901 Definitions. For the purposes of this chapter, the following terms have the following meanings:

                     Food service establishment. The term “food service establishment” means a place where food is provided for individual portion service directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle.

                     Force-fed product. The term “force-fed product” means any product that is the result of force-feeding a bird, including but not limited to a duck or a goose, with the intent to fatten or enlarge the bird’s liver.

Force-feeding. The term “force-feeding” means the practice of forcing, by any means, food or supplements into the throat, esophagus, crop or stomach of an animal.

Retail food establishment. The term “retail food establishment” means a supermarket, grocery store, specialty food store or farmer’s market.

§ 17-1902 Prohibited conduct. No retail food establishment or food service establishment, or agent thereof, shall store, keep, maintain, offer for sale, or sell any force-fed product or food containing a force-fed product. For purposes of this chapter, it shall be a rebuttable presumption that an item in a retail food establishment or food service establishment having the label “foie gras” or listed on a menu as “foie gras” is a force-fed product. A party seeking to rebut such presumption shall provide documentary evidence proving that the product they are storing, keeping, maintaining, offering for sale, or selling is not a force-fed product as defined in this chapter.

                     § 17-1903 Enforcement. a. Any person who is found to violate any provision of this chapter shall be subject to a civil penalty of not less than $500 and not more than $2,000 for each violation. Each such violation may be treated as a separate and distinct offense, and in the case of a continuing violation, each day's continuance thereof may be treated as a separate and distinct offense.

b. The department shall commence a proceeding to recover a civil penalty in connection with a food service establishment by service of notice of violation returnable at the office of administrative trials and hearings or within any agency of the city designated to conduct such proceedings. The department of consumer affairs shall commence a proceeding to recover a civil penalty in connection with a retail food establishment by service of a notice of violation returnable at the office of administrative trials and hearings or within any agency of the city designated to conduct such proceedings. 

                     § 2. This local law takes effect 3 years after it becomes law, except that the department of health and mental hygiene and the department of consumer affairs shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.  

 

NC

LS #7875

10/22/19 7:15 PM