Bill Text: NY S02278 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the commissioner of agriculture and markets to institute an action in law or equity regarding food and color additives and specifically enumerates such violations subject to enforcement and penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CONSUMER PROTECTION [S02278 Detail]

Download: New_York-2011-S02278-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2278
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the agriculture and markets  law,  in  relation  to  the
         enforcement of kosher food laws
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 202-c  of  the  agriculture  and  markets  law,  as
    2  amended  by  chapter  671  of  the  laws  of 1966, is amended to read as
    3  follows:
    4    S 202-c. Proceedings to review, violations and remedies.  The  commis-
    5  sioner  may refuse to approve any new food additive or color additive or
    6  combination thereof or new use of a pre-existing food additive or  color
    7  additive on the ground that he OR SHE is not satisfied as to its safety.
    8  The  burden  of  satisfying  the commissioner as to the safety of a food
    9  additive or color additive shall be upon the manufacturer  or  processor
   10  selling  or  offering or exposing the food additive or color additive or
   11  food product in which a food additive or color additive was used  or  is
   12  an  ingredient.    Whenever  the commissioner is not satisfied as to the
   13  safety of a food additive or color additive or whenever he OR SHE  makes
   14  any  decision  (a) prohibiting the use of a food additive or color addi-
   15  tive as unsafe; (b) prescribing the conditions under  which  it  may  be
   16  used  or establishing a safe, permissible maximum for such food additive
   17  or color additive, his OR HER  decision  with  respect  thereto  may  be
   18  reviewed  in  the  manner provided by article seventy-eight of the civil
   19  practice law and rules and his  OR  HER  determination  shall  be  final
   20  unless within thirty days from the date of service thereof personally or
   21  by  registered or certified mail upon the party affected thereby a court
   22  proceeding is instituted to review such action. Such  application  shall
   23  be made to the supreme court in the third judicial district.
   24    The  commissioner may institute such action at law or in equity as may
   25  appear necessary to enforce compliance with sections one  hundred  nine-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07253-01-1
       S. 2278                             2
    1  ty-nine-a,  two  hundred  [and], two hundred one, TWO HUNDRED ONE-A, TWO
    2  HUNDRED ONE-B AND TWO HUNDRED ONE-C of this article,  and  any  rule  or
    3  order  respecting a food additive or color additive promulgated pursuant
    4  to sections one hundred ninety-nine-b and two hundred fourteen-b of this
    5  article  and,  in  addition  to  any  other remedy under this chapter or
    6  otherwise, may apply for relief by  injunction  to  protect  the  public
    7  interest  without  being  compelled  to allege or prove that an adequate
    8  remedy at law does not exist.  In an action instituted  by  the  commis-
    9  sioner   to   enforce   compliance   with   said  sections  one  hundred
   10  ninety-nine-a, two hundred [and], two hundred one,  TWO  HUNDRED  ONE-A,
   11  TWO  HUNDRED  ONE-B  AND TWO HUNDRED ONE-C the commissioner shall not be
   12  required to prove  that  the  food,  food  additive  or  color  additive
   13  mentioned  in  the  complaint  is unsafe and the claim or defense of the
   14  defendant as to its safety shall be immaterial, provided, however,  that
   15  the  recognition  by  the federal food and drug administration of a food
   16  additive or color additive as safe may be alleged as a proper defense.
   17    S 2. This act shall take effect immediately.