S03129 Summary:

BILL NOS03129
 
SAME ASSAME AS A03685
 
SPONSORPARKER
 
COSPNSR
 
MLTSPNSR
 
Amd S202-c, Ag & Mkts L
 
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.
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S03129 Actions:

BILL NOS03129
 
01/30/2013REFERRED TO AGRICULTURE
01/08/2014REFERRED TO AGRICULTURE
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S03129 Floor Votes:

There are no votes for this bill in this legislative session.
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S03129 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3129
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2013
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
 
        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    § 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.
                                                                   LBD06931-01-3

        S. 3129                             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    § 2. This act shall take effect immediately.
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