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Assembly Bill A5063

2017-2018 Legislative Session

Prohibits the manufacture and sale of food products containing azodicarbonamide

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Archive: Last Bill Status - In Assembly Committee

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2017-A5063 (ACTIVE) - Details

Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §214-o, Ag & Mkts L
Versions Introduced in 2015-2016 Legislative Session:
A9243

2017-A5063 (ACTIVE) - Summary

Prohibits the manufacture and sale of food products containing azodicarbonamide; establishes civil penalties and an affirmative defense if the person, firm or corporation did not know and could not reasonably have known that the food product contained azodicarbonamide.

2017-A5063 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5063
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by M. of A. O'DONNELL, RICHARDSON, COLTON, BENEDETTO, BLAKE,
   SANTABARBARA, OTIS -- Multi-Sponsored by  --  M.  of  A.  ENGLEBRIGHT,
   GLICK,  HUNTER,  SIMON  --  read once and referred to the Committee on
   Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  prohib-
   iting the manufacture and sale of food products containing azodicarbo-
   namide
 
   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:
   §  214-O. MANUFACTURE AND SALE OF FOOD PRODUCTS CONTAINING AZODICARBO-
 NAMIDE PROHIBITED.  1. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "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
 OR AS A DOUGH CONDITIONER; AND
   (B) "FOOD PRODUCT" SHALL HAVE THE SAME MEANING AS DEFINED IN  SUBDIVI-
 SION ONE OF SECTION ONE HUNDRED NINETY-EIGHT OF THIS ARTICLE.
   2.  NO  PERSON,  FIRM  OR  CORPORATION SHALL MANUFACTURE, SELL, OFFER,
 EXPOSE OR HAVE IN POSSESSION FOR SALE IN THIS STATE  ANY  FOOD  PRODUCTS
 CONTAINING AZODICARBONAMIDE.
   3. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL FINE NOT
 TO  EXCEED  ONE  THOUSAND  DOLLARS ON THE FIRST OFFENSE AND TEN THOUSAND
 DOLLARS ON ANY SUBSEQUENT OFFENSE.
   4. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF  THIS  SECTION
 THAT  THE PERSON, FIRM OR CORPORATION DID NOT KNOW AND COULD NOT REASON-
 ABLY HAVE KNOWN THAT THE FOOD PRODUCT CONTAINED AZODICARBONAMIDE.
   § 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

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