S T A T E   O F   N E W   Y O R K
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                                  3246

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced by M. of A. MAISEL -- read once and referred 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.
                                                           LBD07253-01-1
              

A. 3246                             2

ty-nine-a, two hundred [and], two hundred one, TWO  HUNDRED  ONE-A,  TWO
HUNDRED  ONE-B  AND  TWO  HUNDRED ONE-C of this article, and any rule or
order respecting a food additive or color additive promulgated  pursuant
to sections one hundred ninety-nine-b and two hundred fourteen-b of this
article  and,  in  addition  to  any  other remedy under this chapter or
otherwise, may apply for relief by  injunction  to  protect  the  public
interest  without  being  compelled  to allege or prove that an adequate
remedy at law does not exist.  In an action instituted  by  the  commis-
sioner   to   enforce   compliance   with   said  sections  one  hundred
ninety-nine-a, two hundred [and], two hundred one,  TWO  HUNDRED  ONE-A,
TWO  HUNDRED  ONE-B  AND TWO HUNDRED ONE-C the commissioner shall not be
required to prove  that  the  food,  food  additive  or  color  additive
mentioned  in  the  complaint  is unsafe and the claim or defense of the
defendant as to its safety shall be immaterial, provided, however,  that
the  recognition  by  the federal food and drug administration of a food
additive or color additive as safe may be alleged as a proper defense.
  S 2. This act shall take effect immediately.