Assembly Bill A3431

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

                                  3431

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by  M.  of A. RABBITT, CROUCH, BUTLER, DUPREY -- Multi-Spon-
  sored by -- M. of A.  BARCLAY, FINCH, HAWLEY, 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:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05085-01-3
              

A. 3431                             2

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.