A3246-2011 Actions

• Jan 4, 2012: referred to agriculture
• Jan 24, 2011: referred to agriculture

A3246-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3246
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 24, 2011
 
 Introduced by M. of A. MAISEL -- read once and referred 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:

 

Section  1. 

Section  202-c  of  the  agriculture  and markets law, as
 amended by chapter 671 of the laws  of  1966,  is  amended  to  read  as
 follows:

 

S  202-c. Proceedings to review, violations and remedies.  The commis
 sioner may refuse to approve any new food additive or color additive  or
 combination  thereof or new use of a pre-existing food additive or color
 additive on the ground that he OR SHE is not satisfied as to its safety.
 The burden of satisfying the commissioner as to the  safety  of  a  food
 additive  or  color additive shall be upon the manufacturer or processor
 selling or offering or exposing the food additive or color  additive  or
 food  product  in which a food additive or color additive was used or is
 an ingredient.  Whenever the commissioner is not  satisfied  as  to  the
 safety  of a food additive or color additive or whenever he OR SHE makes
 any decision (a) prohibiting the use of a food additive or  color  addi
 tive  as  unsafe;  (b)  prescribing the conditions under which it may be
 used or establishing a safe, permissible maximum for such food  additive
 or  color  additive,  his  OR  HER  decision with respect thereto may be
 reviewed in the manner provided by article seventy-eight  of  the  civil
 practice  law  and  rules  and  his  OR HER determination shall be final
 unless within thirty days from the date of service thereof personally or
 by registered or certified mail upon the party affected thereby a  court
 proceeding  is  instituted to review such action. Such application shall
 be made to the supreme court in the third judicial district.
 The commissioner may institute such action at law or in equity as  may
 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
 
       A. 3246                             2
 ty-nine-a, two hundred [and], two hundred one, TWO  HUNDRED  ONE-A,  TWO
 HUNDRED  ONE-B  AND  TWO  HUNDRED ONE-C of this article, and any rule or
 order respecting a food additive or color additive promulgated  pursuant
 to sections one hundred ninety-nine-b and two hundred fourteen-b of this
 article  and,  in  addition  to  any  other remedy under this chapter or
 otherwise, may apply for relief by  injunction  to  protect  the  public
 interest  without  being  compelled  to allege or prove that an adequate
 remedy at law does not exist.  In an action instituted  by  the  commis
 sioner   to   enforce   compliance   with   said  sections  one  hundred
 ninety-nine-a, two hundred [and], two hundred one,  TWO  HUNDRED  ONE-A,
 TWO  HUNDRED  ONE-B  AND TWO HUNDRED ONE-C the commissioner shall not be
 required to prove  that  the  food,  food  additive  or  color  additive
 mentioned  in  the  complaint  is unsafe and the claim or defense of the
 defendant as to its safety shall be immaterial, provided, however,  that
 the  recognition  by  the federal food and drug administration of a food
 additive or color additive as safe may be alleged as a proper defense.
 

S 2. This act shall take effect immediately.

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