Bill Text: NY A05151 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes the crime of unlawful tampering of the milk supply in the first degree; makes such a crime a class D felony and makes the person who so tampers liable to the owner of such milk for the fair market value of the impaired or adulterated milk; relieves and holds harmless from liability the owner of such milk supply.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A05151 Detail]

Download: New_York-2019-A05151-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5151
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M.  of A. DiPIETRO, HAWLEY, CROUCH, KOLB, FRIEND -- read
          once and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the crime  of
          unlawful tampering of the milk supply in the first degree
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding a new section 145.28  to
     2  read as follows:
     3  § 145.28 Unlawful tampering of the milk supply in the first degree.
     4    1.  A person is guilty of unlawful tampering of the milk supply in the
     5  first  degree  when,  with  intent  to cause a substantial impairment or
     6  adulteration of raw milk, and having no right to do so nor  any  reason-
     7  able  ground to believe that he or she has such right, he or she damages
     8  or tampers with such raw milk supply,  and  thereby  causes  substantial
     9  impairment or adulteration of such raw milk.
    10    2.  A person who unlawfully tampers with a milk supply shall be liable
    11  to the owner of such milk supply  for  the  fair  market  value  of  the
    12  impaired  or  adulterated  milk  supply at the time of the impairment or
    13  adulteration. The owner of such milk supply shall, to the extent permit-
    14  ted by law, be relieved and held harmless from  any  and  all  liability
    15  imposed under this section.
    16    Unlawful tampering of the milk supply in the first degree is a class D
    17  felony.
    18    § 2. This act shall take effect on the first of November next succeed-
    19  ing 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.
                                                                   LBD07651-01-9