S6208-2011 Actions

• Jan 13, 2012: REFERRED TO AGRICULTURE

S6208-2011 Memo

BILL NUMBER:S6208

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to the
enforcement of kosher food laws

SUMMARY:
This bill would specifically enumerate the sections of the Agriculture
and-Markets Law pertaining to kosher foods within Section 202-c of
the Agriculture and Markets Law. Actions, both legal and equitable,
to enforce the provisions of the Agriculture and Markets Law are
brought under section 202-c.

JUSTIFICATION:
Enumerating the sections of the Agriculture and Markets Law pertaining
to Kosher food violations within the enforcement section of the
Agriculture and Markets Law will facilitate the enforcement of the
Kosher food provisions. This is in the interest of protecting the
kosher consumer from willful, serious offenders who fraudulently sell
non-kosher food that the consumer believes to be kosher. The illegal
misrepresentation of kosher food is not only especially heinous in
view of its attack on religion, but it is also very lucrative if
successful. It is imperative that meat which is represented as being
kosher according to orthodox Hebrew religious requirements actually
be prepared in accordance with those requirements. Kosher considers
purchase some meat believing that the Orthodox Hebrew requirements
have been met. Kosher meat is much more expensive than non-kosher
meat, creating a possible financial incentive for representing and
selling meat as "kosher" even though Orthodox Hebrew religious
requirements may not have been met. This bill would limit the
possibilities for the fraudulent representation of kosher meat.

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6208-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6208
 I N  SENATE
 January 13, 2012
 
 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:

 

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
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07253-01-1
 
       S. 6208                             2
 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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