S T A T E O F N E W Y O R K
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1228
2015-2016 Regular Sessions
I N S E N A T E
January 9, 2015
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Introduced by Sen. CARLUCCI -- 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 use
of azodicarbonamide
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
section 214-o to read as follows:
S 214-O. USE OF AZODICARBONAMIDE PROHIBITED. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "FOOD ADDITIVE" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
SION SEVEN OF SECTION ONE HUNDRED NINETY-EIGHT OF THIS CHAPTER.
B. "AZODICARBONAMIDE" SHALL MEAN A CHEMICAL COMPOUND IN THE FORM OF A
YELLOW TO ORANGE RED, ODORLESS, CRYSTALLINE POWDER WHICH HAS BEEN
ASSIGNED THE CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER 123-77-3 AND
WHICH IS USED OR INTENDED FOR USE AS AN AGING AND BLEACHING INGREDIENT
IN CEREAL FLOWER OR AS A DOUGH CONDITIONER IN BREAD BAKING.
2. NO PERSON SHALL SELL, OFFER TO SELL, OR EXPOSE FOR SALE ANY BAKED
GOOD THAT IS PRODUCED IN THE STATE EXCLUSIVELY FOR DISTRIBUTION IN THE
STATE CONTAINING THE FOOD ADDITIVE AZODICARBONAMIDE.
3. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL FINE NOT
TO EXCEED ONE THOUSAND DOLLARS ON THE FIRST OFFENSE, FIVE THOUSAND
DOLLARS ON THE SECOND OFFENSE AND TEN THOUSAND DOLLARS ON ANY SUBSEQUENT
OFFENSE.
4. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF THIS SECTION
THAT A BAKED GOOD CONTAINING AZODICARBONAMIDE WAS PRODUCED IN ANOTHER
STATE OR THAT SUCH PERSON INTENDED TO DISTRIBUTE SUCH BAKED GOOD IN
ANOTHER STATE.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03200-01-5