NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5495
SPONSOR: Jackson
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to prohib-
iting the sale of foods and beverages containing chlormequat
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to eliminate the sale of items with chlorme-
quat.
 
SUMMARY OF PROVISION:
Section 1: Adds new section 214-b requiring and specifying the prohibi-
tion of the sale, offering of sale, or display of food or beverages
meant for human consumption that contain chlormequat.
Section 2: sets
 
JUSTIFICATION:
Chlormequat has been described by the Environmental Working Group as a
highly toxic chemical. Animal studies that have analyzed the effects of
the chemical have found it to cause damage to the reproductive system
and disrupt fetal growth. According to the Environmental Working Group,
this can cause particular concerns regarding the effects of this chemi-
cal on children. A peer reviewed academic study done by the group found
that the chemical has been found in 80% of the people tested. The
purpose of this bill is to eliminate the sale of items with chlormequat
due to the negative effects it can have on the human body, therefore
protecting New Yorkers from the potential side effects of ingesting this
element.
 
PRIOR LEGISLATIVE HISTORY:
A9715 of 2023-2024; Referred to Agriculture
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:;
TBD.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day 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 effective date are authorized to be made and
completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
5495
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. JACKSON, TAPIA, DAVILA -- read once and referred
to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting the sale of foods and beverages containing chlormequat
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 214-p to read as follows:
3 § 214-p. Sale of foods and beverages containing chlormequat prohibit-
4 ed. 1. For the purposes of this article, the term "chlormequat" shall
5 mean 2-chloro-N,N,N-trimethylethan-1-aminium.
6 2. No person, firm, corporation, partnership, association or any other
7 business association shall sell, offer to sell, or display for sale at
8 retail any food or beverage for human consumption which contains
9 chlormequat.
10 3. It shall be an affirmative defense to a violation of this section
11 that the person did not know and could not reasonably have known that
12 the food or beverage contained chlormequat.
13 § 2. This act shall take effect on the one hundred eightieth day after
14 it shall have become a law. Effective immediately, the addition, amend-
15 ment and/or repeal of any rule or regulation necessary for the implemen-
16 tation of this act on its effective date are authorized to be made and
17 completed on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06535-01-5