Prohibits food distributors from dumping, or otherwise discarding in a manner likely to cause contamination, sub-standard or below grade out-of-state agricultural products in this state.
STATE OF NEW YORK
________________________________________________________________________
3431
2013-2014 Regular Sessions
IN ASSEMBLY
January 25, 2013
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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 § 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 § 2. The agriculture and markets law is amended by adding a new
20 section 39-a to read as follows:
21 § 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 § 3. This act shall take effect immediately.
