S T A T E O F N E W Y O R K
________________________________________________________________________
2604
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
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Introduced by M. of A. RABBITT, CROUCH, BUTLER, DUPREY -- Multi-Spon-
sored by -- M. of A. BARCLAY, BURLING, FINCH, HAWLEY, J. MILLER,
MOLINARO, OAKS, REILICH, TEDISCO -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to prohib-
iting food distributors from dumping sub-standard or below grade out-
of-state agricultural products or culls
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding a new
article 13-F to read as follows:
ARTICLE 13-F
PROHIBITION OF DUMPING CERTAIN AGRICULTURAL PRODUCTS
SECTION 160-W. DUMPING OF CERTAIN AGRICULTURAL PRODUCTS; PROHIBITED.
S 160-W. DUMPING OF CERTAIN AGRICULTURAL PRODUCTS; PROHIBITED. 1. NO
PERSON OR BUSINESS ENGAGED IN THE SALE OR DISTRIBUTION OF FOOD PRODUCTS
SHALL DUMP, OR OTHERWISE DISCARD IN A MANNER REASONABLY AND CAUSALLY
CONNECTED TO THE CONTAMINATION OF FOOD, ANY OUT-OF-STATE AGRICULTURAL
PRODUCT, INCLUDING VEGETABLES, FRUITS AND OTHER LIKE PRODUCE, THAT FALL
BELOW THE OFFICIAL STANDARD OR GRADE OF QUALITY FOR SUCH PRODUCT, OR ANY
CULL AS DEFINED BY THE COMMISSIONER. ANY PERSON VIOLATING THE PROVISIONS
OF THIS SECTION SHALL BE PENALIZED PURSUANT TO SECTION THIRTY-NINE-A OF
THIS CHAPTER.
2. ANY AND ALL OUT-OF-STATE AGRICULTURAL PRODUCTS THAT FALL BELOW THE
OFFICIAL STANDARD OR GRADE OF QUALITY FOR SUCH PRODUCT, OR ANY CULL,
SHALL BE DISPOSED OF IN SUCH LANDFILLS AS ARE APPROPRIATE AND DESIGNATED
BY THE COMMISSIONER.
S 2. The agriculture and markets law is amended by adding a new
section 39-a to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03528-01-1
A. 2604 2
S 39-A. PENALTIES FOR VIOLATING SECTION ONE HUNDRED SIXTY-W OF THIS
CHAPTER. ANY PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-W OF THIS CHAPTER MAY BE SUBJECT TO A FINE EQUAL TO THE
SUM OF ANY AND ALL EXPENSES INCURRED IN THE CLEAN-UP OR DECONTAMINATION
OF SUCH DUMPING SITE AND THE COSTS REASONABLY RELATED TO RECALLING ANY
CONTAMINATED FOOD DISTRIBUTED IN THE MARKETPLACE PLUS FIVE HUNDRED
DOLLARS FOR THE SECOND VIOLATION AND ONE THOUSAND DOLLARS FOR EACH
SUBSEQUENT VIOLATION.
S 3. This act shall take effect immediately.