S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3979
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     April 7, 2009
                                      ___________
       Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general  business  law,  in  relation  to  requiring
         notice to the public of the use of certain additives
         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 section
    2  396-gg to read as follows:
    3    S 396-GG. RESTAURANTS AND CATERERS; NOTIFICATION REQUIREMENTS.  1. ANY
    4  RESTAURANT OR OTHER PLACE WHERE FOOD CONTAINING MONOSODIUM GLUTAMATE  IS
    5  PREPARED  OR  COOKED  AND OFFERED FOR SALE TO THE PUBLIC FOR CONSUMPTION
    6  EITHER ON OR OFF THE PREMISES SHALL GIVE NOTICE OF THE USE OF SUCH ADDI-
    7  TIVE, EITHER ON MENUS GIVEN TO EACH CUSTOMER OR  IN  SUCH  OTHER  MANNER
    8  THAT THE NOTICE IS LIKELY TO BE SEEN AND UNDERSTOOD BY EACH CUSTOMER.
    9    2. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
   10  MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
   11  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
   12  PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE RESPONDENT  OF
   13  NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
   14  VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE  COURT  OR
   15  JUSTICE  THAT  THE  RESPONDENT  HAS,  IN FACT, VIOLATED THIS SECTION, AN
   16  INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
   17  RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
   18  PERSON HAS, IN FACT, BEEN INJURED OR  DAMAGED  THEREBY.    WHENEVER  THE
   19  COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE
   20  COURT MAY IMPOSE A CIVIL PENALTY OF FIFTY DOLLARS FOR EACH DAY THAT SUCH
   21  VIOLATION  OCCURS,  BUT  IN  NO  EVENT  SHALL THE TOTAL PENALTY THEREFOR
   22  EXCEED FIVE HUNDRED DOLLARS.  IN CONNECTION WITH ANY  SUCH  APPLICATION,
   23  THE  ATTORNEY  GENERAL  IS  AUTHORIZED TO TAKE PROOF AND MAKE A DETERMI-
   24  NATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN  ACCORDANCE  WITH
   25  THE CIVIL PRACTICE LAW AND RULES.
   26    S  2.  This  act  shall  take  effect  on  the first of September next
   27  succeeding the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09162-01-9