Submitted by joannie hugues, Aug 20, 2008 13:56

Thank you for your article spotlighting on the dangers of a small child food choking death. Please advise Councilman Recchia of JT's Law as it is a newly enacted law providing tools to combat a child food choking situation. It would be prudent for him to enhance JT's Law instead of introducing a new bill. On April 23, 2008, JT's Law (Food Choking Prevention Act) Chapter 46 to the New York State Laws was enacted by Governor Paterson (after nearly three years in the New York legislature). The bill was originally introduced on the floor of the Assembly and Senate by Assemblyman Bob Barra (R) and Senator Dean Skelos (R), respectively, in March 2005. The original bill encompassed food labeling and corresponding warning signs for foods that pose a demonstrably proven choking danger to young children (in addition to the other preventive measures reflected in the law).

In 2005, Assemblyman Harvey Weisenberg agreed to carry the bill in the Assembly. My advocacy of JT's Law, endearingly named after my godson Joseph Tyler Bartolomeo, was prompted by his tragic choking death on a hot dog at the age of 3. This horrific devastation catapulted me into the legislative arena seeking solace in the knowledge that his story will be told and save hundreds of children from such a preventable waste of life and other families from the same incomprehensible pain. Idealistically, the bill covered labeling and corresponding warning signs as stated above. I was advised by my constituents that JT's Law would never pass both houses unless this text was removed as it was generating a lot of negative attention. Reluctantly and with a heavy heart — I agreed that the text should be removed at this time so that the other preventable choking tools embodied in the bill would be granted passage through the legislature. I also knew that the intent of JT's Law (to save a young child's life from a food choking death) was still intact. Please review New York State 2008 Law - Chapter 46 for text of law. It should also be noted that even though the law was enacted in April 2008, I am still waiting for JT's Law to be implemented by the New York Department of Health. I have reached out to Governor Paterson by voice and mail — both attempts have been unsuccessful. Perhaps, the vehicle of media will prompt action. It seems a very fruitless victory to have a law enacted with no action. Sincerely, Joannie Hugues In loving memory of J.T. Bartolomeo

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