Agriculture & Markets - Adulteration, Packing, and Branding of Food and Food Products - Powers and duties of commissioner respecting food additives and color additives


Published: 2014-09-22

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§ 199-b. Powers and duties of commissioner respecting food additives
and color additives. 1. The commissioner shall maintain currently an
exemption list which shall contain the food additives and color
additives which in his judgment are safe for human consumption and need
not be reported. All other food additives and color additives shall be
reported by the food manufacturer or processor selling or offering or
exposing for sale any food in which a food additive or color additive
has been used or is an ingredient and the commissioner shall grant a
grace period of two years from the effective date of this act within
which such manufacturer or processor shall submit test data which shall
satisfy the commissioner as to the safety of such food additive or color
additive when used in food or food processing. Upon failure of the
manufacturer or processor to supply the commissioner with such
satisfactory test data within said two year period, the sale or use of
such food additive or color additive by such manufacturer or processor
shall be unlawful.

2. The commissioner shall determine upon a fair evaluation of the
entire record whether a food additive or color additive may be safely
used, the conditions under which it may be used, and a safe, permissible
maximum therefor. As to such matters, the determination shall be made
upon written recommendation with the reasons therefor, and which shall
constitute the commissioner's decision upon which a formal order shall
be made by him. Whenever the commissioner is not satisfied upon a fair
evaluation of the entire record as to the safety of a food additive or
color additive, he shall make a determination which shall show the facts
found and the reasons for it and on this decision he shall make his
formal order. On or before the thirtieth day after the date on which a
formal order under this subsection is served either in person or by
registered or certified mail upon the person affected thereby, any
person who will be adversely affected by such order if placed in effect
may file objections thereto with the commissioner specifying with
particularity the provisions of the order deemed objectionable, stating
the grounds therefor, and requesting a public hearing upon such
objections. The filing of such objections shall operate to stay the
effectiveness of those provisions of the order to which the objections
are made. As soon as practicable after objections are filed by any
person who will be adversely affected by such order the commissioner,
after due notice, shall hold a public hearing for the purpose of
receiving evidence relevant and material to the issue raised by such
objections. At the hearing any interested person may be heard in person
or by attorney, and upon the completion of the hearing the commissioner
shall make a final order which shall be based upon a fair evaluation of
the entire record taken at such hearing and shall set forth as part of
the order the findings of fact on which the order is based. Any order of
the commissioner under this section shall be final unless within thirty
days from the date of service thereof upon the party affected thereby a
court proceeding is instituted to review it.

3. The commissioner is hereby authorized to adopt regulations relating
to the reporting of food additives and color additives, the use thereof
in food and food products, the fixing of definitions and standards of
identity and of quality for foods and of safe permissible maximums for
food additives and color additives in the manufacturing, compounding or
processing of foods, requirements for the submission of test data on the
safety of food additives and color additives or in new uses therefor,
public hearings, official orders and all such matters as shall
supplement and give full force and effect to the provisions of this
chapter relating to the use of food additives and color additives in
food and food products.

4. In making or changing any determination under this article as to
whether any food additive or color additive may be safely used, the
commissioner of agriculture and markets shall obtain the prior written
approval of the department of health which approval shall not be
withheld if the food additive or color additive is safe under the
conditions of its intended use. The commissioner of agriculture and
markets shall make available to the department of health all test data
and other information furnished him in accordance with sections one
hundred ninety-nine-a and one hundred ninety-nine-b of this article.