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AB3431 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3431

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 25, 2013
                                      ___________

       Introduced  by  M.  of A. RABBITT, CROUCH, BUTLER, DUPREY -- Multi-Spon-
         sored by -- M. of A.  BARCLAY, FINCH, HAWLEY, OAKS,  REILICH,  TEDISCO
         -- read once and referred to the Committee on Agriculture

       AN  ACT to amend the agriculture and markets law, in relation to prohib-
         iting food distributors from dumping sub-standard or below grade  out-
         of-state agricultural products or culls

         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  article 13-F to read as follows:

    3                                ARTICLE 13-F
    4            PROHIBITION OF DUMPING CERTAIN AGRICULTURAL PRODUCTS
    5  SECTION 160-W. DUMPING OF CERTAIN AGRICULTURAL PRODUCTS; PROHIBITED.
    6    S  160-W. DUMPING OF CERTAIN AGRICULTURAL PRODUCTS; PROHIBITED.  1. NO
    7  PERSON OR BUSINESS ENGAGED IN THE SALE OR DISTRIBUTION OF FOOD  PRODUCTS
    8  SHALL  DUMP,  OR  OTHERWISE  DISCARD IN A MANNER REASONABLY AND CAUSALLY
    9  CONNECTED TO THE CONTAMINATION OF FOOD,  ANY  OUT-OF-STATE  AGRICULTURAL
   10  PRODUCT,  INCLUDING VEGETABLES, FRUITS AND OTHER LIKE PRODUCE, THAT FALL
   11  BELOW THE OFFICIAL STANDARD OR GRADE OF QUALITY FOR SUCH PRODUCT, OR ANY
   12  CULL AS DEFINED BY THE COMMISSIONER. ANY PERSON VIOLATING THE PROVISIONS
   13  OF THIS SECTION SHALL BE PENALIZED PURSUANT TO SECTION THIRTY-NINE-A  OF
   14  THIS CHAPTER.
   15    2.  ANY AND ALL OUT-OF-STATE AGRICULTURAL PRODUCTS THAT FALL BELOW THE
   16  OFFICIAL STANDARD OR GRADE OF QUALITY FOR SUCH  PRODUCT,  OR  ANY  CULL,
   17  SHALL BE DISPOSED OF IN SUCH LANDFILLS AS ARE APPROPRIATE AND DESIGNATED
   18  BY THE COMMISSIONER.
   19    S  2.  The  agriculture  and  markets  law  is amended by adding a new
   20  section 39-a to read as follows:
   21    S 39-A. PENALTIES FOR VIOLATING SECTION ONE HUNDRED  SIXTY-W  OF  THIS
   22  CHAPTER. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SECTION ONE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05085-01-3
       A. 3431                             2

    1  HUNDRED  SIXTY-W  OF  THIS CHAPTER MAY BE SUBJECT TO A FINE EQUAL TO THE
    2  SUM OF ANY AND ALL EXPENSES INCURRED IN THE CLEAN-UP OR  DECONTAMINATION
    3  OF  SUCH  DUMPING SITE AND THE COSTS REASONABLY RELATED TO RECALLING ANY
    4  CONTAMINATED  FOOD  DISTRIBUTED  IN  THE  MARKETPLACE  PLUS FIVE HUNDRED
    5  DOLLARS FOR THE SECOND VIOLATION  AND  ONE  THOUSAND  DOLLARS  FOR  EACH
    6  SUBSEQUENT VIOLATION.
    7    S 3. This act shall take effect immediately.
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