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This entry was published on 2014-09-22
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Temporary marketing and manufacturing permits
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 17
§ 214-e. Temporary marketing and manufacturing permits. Any person,
firm, partnership, corporation or association desiring a temporary
permit to deviate from an existing dairy or food standard or regulation
may file with the commissioner a written application on a form
prescribed by the commissioner. The application shall include the
following: (1) name and address of the applicant, (2) a full description
of the proposed variation from the standard and the basis upon which the
food so varying is believed to be wholesome and in the interest of the
consumers. This description shall include the names, amounts of all
ingredients and a sample of the label, (3) if the resulting product is
similar to one for which there is now a definition, the applicant shall
indicate the nature of the deviation and why it will be of benefit to
consumers, (4) the applicant shall indicate the time for which the
permit is desired and how the product will be distributed, (5) the
commissioner must also receive a statement of the probable amount of
such food to be distributed, the areas of distribution and the address
at which such food will be manufactured, (6) the commissioner may
require the applicant to furnish samples of the food varying from the
standard and to furnish such additional information as may be deemed
necessary for action on the application, and (7) the commissioner may,
in issuing a temporary permit, specify a limited marketing area for the
new food product under study and limit the time of such permit.

If the commissioner concludes that the variation may be advantageous
to consumers and will not result in a lowering of health standards or
promote fraud and deception, a temporary permit may be issued to the
applicant. The terms and conditions of such permit shall be binding on
the applicant. The period that the permit shall be in effect shall be at
the discretion of the commissioner but shall not exceed one year.

The commissioner may after public hearing, revoke the permit for
cause, which shall include but not be limited to the following: (1)
violation by the permittee of the terms and conditions of the permit,
(2) the application for permit contains an untrue statement of fact, or
(3) the need therefore no longer exists.