Agriculture & Markets - Adulteration, Packing, and Branding of Food and Food Products - Prohibition as to adulterated or misbranded food


Published: 2014-09-22

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§ 199-a. Prohibition as to adulterated or misbranded food. 1. No
person or persons, firm, association or corporation shall within this
state manufacture, compound, brew, distill, produce, process, pack,
transport, possess, sell, offer or expose for sale, or serve in any
hotel, restaurant, eating house or other place of public entertainment
any article of food which is adulterated or misbranded within the
meaning of this article.

2. It shall be unlawful for any person, firm, association or
corporation to sell or offer or expose for sale for use in or on food or
to use in the manufacturing, compounding, brewing, distilling, producing
or processing of any food or food product any new food additive or
combination thereof or any color additive which is not in use at the
time this section as hereby amended takes effect, or to make any new use
of a food additive or color additive therein or thereon unless and until
he shall have reported the same to the commissioner upon a form
prescribed by the commissioner and shall have submitted test data to the
commissioner and shall have satisfied the commissioner as to the safety
of such new food additive or color additive or of such new use of such
food additive or color additive under the conditions of its intended
use.

3. It shall be unlawful for any person, firm, association or
corporation to manufacture, compound, brew, distill, produce, process,
sell, offer or expose for sale any food additive or color additive or
any food or food product containing a food additive or color additive
which is in use at the time this section as hereby amended takes effect,
or in which in the manufacturing, compounding, brewing, distilling,
producing or processing of such a food additive or color additive was
used, unless the manufacturer of such a food additive or color additive
or of such food or food product shall have reported to the commissioner
upon a form prescribed by him the identity of each such food additive or
color additive and the proportions thereof by weight in the finished
food product manufactured, offered or exposed for sale. The commissioner
may, from time to time, through rules and regulations, exempt certain
food additives and color additives from the requirements of this
subdivision and remove from such exemption lists such food additives and
color additives as upon further information may appear to be unsafe.

4. All data submitted to the commissioner in support of the report
under this section shall be considered confidential by the commissioner
and shall not be revealed to any person other than to a person
authorized by the commissioner in the performance of his official duties
under this article. In case of an actual controversy as to the validity
of an order or decision of the commissioner respecting the test data or
report in which a proceeding to review has been instituted as authorized
by section two hundred two-c of this article the petition, data and
report shall be transmitted by the commissioner to the clerk of the
court in which the review proceeding is instituted, together with a
record of the proceedings on which the commissioner based his order or
decision, and such transmittal shall not be construed to be a violation
of confidence. Subdivisions two and three of this section shall not
apply to food additives or color additives which are safe within the
meaning of the federal food, drug and cosmetic act as amended.