NY State Senate Bill 2011-S2278

Senate Bill S2278

2011-2012 Legislative Session

Authorizes commissioner of agriculture and markets to seek injunctive relief for violations concerning kosher foods

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2011	referred to consumer protection

2011-S2278 (ACTIVE) - Details

See Assembly Version of this Bill:: A3246
Current Committee:: Senate Consumer Protection
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §202-c, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S458, A7982
2013-2014: S3129, A3685

2011-S2278 (ACTIVE) - Summary

Authorizes the commissioner of agriculture and markets to institute an action in law or equity regarding food and color additives and specifically enumerates such violations subject to enforcement and penalties.

2011-S2278 (ACTIVE) - Sponsor Memo

2011-S2278 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2278

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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

S. 2278                             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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