Hawley, Crouch, Kolb, Friend, Morinello, Miller B, Salka, DeStefano
MLTSPNSR
Tague
Add §145.28, Pen L
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.
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
