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Senate Bill S3129

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2013-S3129 (ACTIVE) - Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง202-c, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2009-2010: S458
2011-2012: S6208, S2278

2013-S3129 (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.

2013-S3129 (ACTIVE) - Sponsor Memo

2013-S3129 (ACTIVE) - Bill Text download pdf 

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

                                  3129

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06931-01-3

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