S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9295
 
                           I N  A S S E M B L Y
 
                             February 23, 2024
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Agriculture
 
 AN  ACT to amend the agriculture and markets law, in relation to report-
   ing of GRAS substances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 198 of the agriculture and markets law is amended
 by adding a new subdivision 7-a to read as follows:
   7-A. THE TERM  "GENERALLY  RECOGNIZED  AS  SAFE  SUBSTANCE"  OR  "GRAS
 SUBSTANCE"  MEANS  ANY SUBSTANCE ADDED TO FOOD THAT IS NOT EXCEPTED FROM
 THE DEFINITION OF  "FOOD  ADDITIVE"  UNDER  SUBDIVISION  SEVEN  OF  THIS
 SECTION  BECAUSE  IT IS GENERALLY RECOGNIZED, AMONG EXPERTS QUALIFIED BY
 SCIENTIFIC TRAINING AND EXPERIENCE TO EVALUATE  ITS  SAFETY,  AS  HAVING
 BEEN  ADEQUATELY  SHOWN  TO BE SAFE UNDER THE CONDITIONS OF ITS INTENDED
 USE:
   (A) THROUGH SCIENTIFIC PROCEDURES; OR
   (B) IN THE CASE OF A SUBSTANCE USED IN FOOD PRIOR  TO  JANUARY  FIRST,
 NINETEEN  HUNDRED  FIFTY-EIGHT,  THROUGH EITHER SCIENTIFIC PROCEDURES OR
 EXPERIENCE BASED ON PROLONGED USE IN FOOD.
   § 2. Subdivision 4 of section 199-a of  the  agriculture  and  markets
 law,  as  amended by chapter 671 of the laws of 1966, is amended to read
 as follows:
   4. All data submitted to the commissioner in support of  the  FOOD  OR
 COLOR  ADDITIVES report under this section shall be considered confiden-
 tial by the commissioner and shall not be revealed to any  person  other
 than  to  a  person authorized by the commissioner in the performance of
 his official duties under this article. In case of an actual controversy
 as to the validity of an order or decision of the commissioner  respect-
 ing  the  test  data  or report in which a proceeding to review has been
 instituted as authorized by section two hundred two-c  of  this  article
 the  petition,  data and report shall be transmitted by the commissioner
 to the clerk of the court in which the review proceeding is  instituted,
 together  with  a  record  of  the proceedings on which the commissioner
 based his order or decision, and such transmittal shall not be construed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13991-01-4
 A. 9295                             2
 
 to be a violation of confidence.   Subdivisions two and  three  of  this
 section  shall  not apply to food additives or color additives which are
 safe within the meaning of the federal food, drug and  cosmetic  act  as
 amended.
   §  3.  The  agriculture  and  markets  law  is amended by adding a new
 section 199-g to read as follows:
   § 199-G. REPORTING OF GRAS SUBSTANCES. 1. A.  EXCEPT  AS  PROVIDED  IN
 SUBDIVISION  TWO OF THIS SECTION, UNLESS A REPORT DESCRIBED IN PARAGRAPH
 B OF THIS SUBDIVISION HAS BEEN SUBMITTED TO THE  COMMISSIONER  AND  SUCH
 REPORT  IS  MADE AVAILABLE IN THE DATABASE DESCRIBED IN SUBDIVISION FIVE
 OF SECTION ONE HUNDRED NINETY-NINE-B OF THIS ARTICLE, IT SHALL BE UNLAW-
 FUL FOR ANY PERSON, FIRM, ASSOCIATION, OR CORPORATION TO:
   (I) SELL OR OFFER OR EXPOSE FOR SALE FOR USE IN OR ON FOOD, OR TO  USE
 IN  THE  MANUFACTURING,  COMPOUNDING, BREWING, DISTILLING, PRODUCING, OR
 PROCESSING OF ANY FOOD OR FOOD PRODUCT, ANY GRAS SUBSTANCE  OR  COMBINA-
 TION OF GRAS SUBSTANCES;
   (II)  MAKE  ANY  NEW  USE OF ANY GRAS SUBSTANCE OR COMBINATION OF GRAS
 SUBSTANCES IN OR ON FOOD; OR
   (III) SELL OR OFFER OR EXPOSE  FOR  SALE  ANY  FOOD  OR  FOOD  PRODUCT
 CONTAINING ANY GRAS SUBSTANCE OR COMBINATION OF GRAS SUBSTANCES.
   B.  THE  REPORT  REQUIRED  PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
 SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION:
   (I) SIGNED STATEMENTS AND A CERTIFICATION, INCLUDING:
   (1) THE DATE AND SIGNATURE OF A RESPONSIBLE OFFICIAL OF  THE  REPORTER
 OR REPORTING ORGANIZATION;
   (2) THE NAME AND ADDRESS OF THE REPORTER OR REPORTING ORGANIZATION;
   (3)  THE NAME OF ANY GRAS SUBSTANCES DISCUSSED IN THE REPORT, USING AN
 APPROPRIATELY DESCRIPTIVE TERM;
   (4) INTENDED CONDITIONS FOR THE USE OF ANY GRAS SUBSTANCE DISCUSSED IN
 THE REPORT, INCLUDING THE FOODS IN WHICH THE SUBSTANCE WILL BE USED, THE
 LEVELS OF SUCH USE IN  SUCH  FOODS,  AND  THE  PURPOSES  FOR  WHICH  THE
 SUBSTANCE  WILL  BE  USED, INCLUDING, WHEN APPROPRIATE, A DESCRIPTION OF
 ANY SUBPOPULATION EXPECTED TO CONSUME SUCH GRAS SUBSTANCE OR SUBSTANCES;
   (5) THE STATUTORY BASIS FOR THE CONCLUSION OF GRAS STATUS;
   (6) A STATEMENT THAT THE REPORTED SUBSTANCE  IS  NOT  SUBJECT  TO  THE
 PREMARKET  APPROVAL REQUIREMENTS OF THE FEDERAL FOOD, DRUG, AND COSMETIC
 ACT BASED ON THE CONCLUSION THAT THE NOTIFIED SUBSTANCE  IS  GRAS  UNDER
 THE CONDITIONS OF ITS INTENDED USE;
   (7)  A  STATEMENT  THAT, IF ASKED TO SEE THE DATA AND INFORMATION THAT
 ARE THE BASIS FOR THE GRAS CONCLUSION, THE REPORTER WILL AGREE TO:
   (A) MAKE THE DATA AND INFORMATION AVAILABLE TO THE COMMISSIONER; AND
   (B) UPON THE COMMISSIONER'S REQUEST, BOTH OF THE FOLLOWING  PROCEDURES
 FOR MAKING THE DATA AND INFORMATION AVAILABLE TO THE COMMISSIONER:
   (I) ALLOW THE COMMISSIONER TO REVIEW AND COPY THE DATA AND INFORMATION
 DURING CUSTOMARY BUSINESS HOURS AT THE ADDRESS SPECIFIED FOR WHERE THESE
 DATA AND INFORMATION WILL BE AVAILABLE; AND
   (II)  PROVIDE A COMPLETE COPY OF THE DATA AND INFORMATION EITHER IN AN
 ELECTRONIC FORMAT OR ON PAPER;
   (8) VIEWS AS TO WHETHER ANY OF THE DATA AND INFORMATION  IN  THE  GRAS
 REPORT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW;
   (9)  CERTIFICATIONS THAT, TO THE BEST OF THE REPORTER'S KNOWLEDGE, THE
 GRAS REPORT IS A COMPLETE, REPRESENTATIVE, AND BALANCED SUBMISSION  THAT
 INCLUDES  BOTH UNFAVORABLE AND FAVORABLE INFORMATION KNOWN TO THE REPOR-
 TER AND PERTINENT TO THE EVALUATION OF THE SAFETY AND GRAS STATUS OF THE
 USE OF THE SUBSTANCE; AND
 A. 9295                             3
 
   (10) THE NAME AND POSITION OR TITLE OF THE PERSON WHO SIGNS  THE  GRAS
 REPORT.
   (II) THE IDENTITY, METHOD OF MANUFACTURE, SPECIFICATIONS, AND PHYSICAL
 OR TECHNICAL EFFECT OF THE NOTIFIED SUBSTANCE, INCLUDING:
   (1)   SCIENTIFIC   DATA  AND  INFORMATION  THAT  IDENTIFIES  THE  GRAS
 SUBSTANCE, INCLUDING:
   (A) EXAMPLES OF APPROPRIATE DATA AND INFORMATION INCLUDING THE  CHEMI-
 CAL  NAME,  APPLICABLE  REGISTRY  NUMBERS  (SUCH AS A CHEMICAL ABSTRACTS
 SERVICE (CAS) REGISTRY NUMBER OR  AN  ENZYME  COMMISSION  (EC)  NUMBER),
 EMPIRICAL  FORMULA,  STRUCTURAL  FORMULA,  QUANTITATIVE COMPOSITION, AND
 CHARACTERISTIC PROPERTIES; AND
   (B) WHEN THE SOURCE OF A NOTIFIED SUBSTANCE IS A BIOLOGICAL  MATERIAL,
 DATA AND INFORMATION SUFFICIENT TO IDENTIFY:
   (I) THE TAXONOMIC SOURCE (E.G., GENUS, SPECIES) OF THE GRAS SUBSTANCE,
 INCLUDING,  AS APPLICABLE, DATA AND INFORMATION AT THE SUB-SPECIES LEVEL
 (E.G., VARIETY, STRAIN);
   (II) THE PART OF ANY PLANT OR ANIMAL USED AS THE SOURCE  OF  THE  GRAS
 SUBSTANCE; AND
   (III)  ANY  KNOWN  TOXICANTS  THAT  COULD BE IN THE SOURCE OF THE GRAS
 SUBSTANCE;
   (2) A DESCRIPTION OF THE METHOD OF MANUFACTURE OF THE  GRAS  SUBSTANCE
 IN SUFFICIENT DETAIL TO EVALUATE THE SAFETY OF THE NOTIFIED SUBSTANCE AS
 MANUFACTURED;
   (3) SPECIFICATIONS FOR FOOD-GRADE MATERIAL; AND
   (4)  WHEN  NECESSARY TO DEMONSTRATE SAFETY, RELEVANT DATA AND INFORMA-
 TION BEARING  ON  THE  PHYSICAL  OR  OTHER  TECHNICAL  EFFECT  THE  GRAS
 SUBSTANCE  IS  INTENDED  TO  PRODUCE, INCLUDING THE QUANTITY OF THE GRAS
 SUBSTANCE REQUIRED TO PRODUCE SUCH EFFECT.
   (III) DIETARY EXPOSURE TO THE NOTIFIED SUBSTANCE,  INCLUDING  INFORMA-
 TION  ABOUT  DIETARY  EXPOSURE  (I.E., THE AMOUNT OF RELEVANT SUBSTANCES
 THAT CONSUMERS ARE LIKELY TO EAT OR DRINK AS  PART  OF  A  TOTAL  DIET),
 INCLUDING:
   (1)  AN  ESTIMATE  OF  DIETARY EXPOSURE TO THE NOTIFIED SUBSTANCE THAT
 INCLUDES EXPOSURE FROM ITS INTENDED USE AND ALL SOURCES IN THE DIET;
   (2) WHEN APPLICABLE, AN ESTIMATE OF  DIETARY  EXPOSURE  TO  ANY  OTHER
 SUBSTANCE THAT IS EXPECTED TO BE FORMED IN OR ON FOOD BECAUSE OF THE USE
 OF  THE  NOTIFIED  SUBSTANCE  (E.G.,  HYDROLYTIC  PRODUCTS  OR  REACTION
 PRODUCTS);
   (3) WHEN APPLICABLE, AN ESTIMATE OF  DIETARY  EXPOSURE  TO  ANY  OTHER
 SUBSTANCE  THAT  IS PRESENT WITH THE NOTIFIED SUBSTANCE EITHER NATURALLY
 OR DUE TO ITS MANUFACTURE (E.G., CONTAMINANTS OR BY-PRODUCTS);
   (4) SOURCES OF ANY FOOD CONSUMPTION  DATA  USED  TO  ESTIMATE  DIETARY
 EXPOSURE,  IN ACCORDANCE WITH CLAUSES ONE THROUGH THREE OF THIS SUBPARA-
 GRAPH; AND
   (5) ANY ASSUMPTIONS MADE TO ESTIMATE DIETARY EXPOSURE,  IN  ACCORDANCE
 WITH CLAUSES ONE THROUGH THREE OF THIS SUBPARAGRAPH.
   (IV)  SELF-LIMITING LEVELS OF USE IN CIRCUMSTANCES WHERE THE AMOUNT OF
 THE NOTIFIED SUBSTANCE THAT CAN BE ADDED TO HUMAN FOOD OR ANIMAL FOOD IS
 LIMITED BECAUSE THE FOOD CONTAINING LEVELS  OF  THE  NOTIFIED  SUBSTANCE
 ABOVE  A  PARTICULAR  LEVEL  WOULD BECOME UNPALATABLE OR TECHNOLOGICALLY
 IMPRACTICAL.
   (V) IF THE STATUTORY BASIS FOR GRAS STATUS IS THROUGH EXPERIENCE BASED
 ON COMMON USE IN FOOD, EVIDENCE OF A SUBSTANTIAL HISTORY OF  CONSUMPTION
 OF  THE  NOTIFIED  SUBSTANCE  FOR  FOOD  USE  BY A SIGNIFICANT NUMBER OF
 CONSUMERS PRIOR TO JANUARY FIRST, NINETEEN HUNDRED FIFTY-EIGHT.
 A. 9295                             4
 
   (VI) A NARRATIVE THAT PROVIDES THE BASIS FOR THE  CONCLUSION  OF  GRAS
 STATUS, INCLUDING:
   (1)  AN  EXPLANATION  FOR  WHY  THE DATA AND INFORMATION IN THE REPORT
 PROVIDE A BASIS FOR THAT THE NOTIFIED SUBSTANCE IS SAFE UNDER THE CONDI-
 TIONS OF ITS INTENDED USE. SUCH EXPLANATION SHALL ADDRESS THE SAFETY  OF
 THE  NOTIFIED SUBSTANCE, CONSIDERING ALL DIETARY SOURCES AND TAKING INTO
 ACCOUNT ANY CHEMICALLY OR PHARMACOLOGICALLY RELATED SUBSTANCES  IN  SUCH
 DIET,  AND  IDENTIFY  WHAT  SPECIFIC  DATA  AND INFORMATION DISCUSSED IN
 ACCORDANCE WITH THIS CLAUSE ARE GENERALLY AVAILABLE  AND  NOT  GENERALLY
 AVAILABLE,  BY  PROVIDING  CITATIONS TO THE LIST OF DATA AND INFORMATION
 REQUIRED IN SUBPARAGRAPH (VII) OF THIS PARAGRAPH;
   (2) AN EXPLANATION OF HOW THE GENERALLY AVAILABLE DATA AND INFORMATION
 RELIED ON TO ESTABLISH SAFETY IN ACCORDANCE  WITH  CLAUSE  ONE  OF  THIS
 SUBPARAGRAPH  PROVIDES  A  BASIS  FOR  THE  CONCLUSION THAT THE REPORTED
 SUBSTANCE IS GENERALLY RECOGNIZED, AMONG QUALIFIED EXPERTS, TO  BE  SAFE
 UNDER THE CONDITIONS OF ITS INTENDED USE;
   (3) EITHER:
   (A)  DATA  AND INFORMATION THAT ARE, OR MAY APPEAR TO BE, INCONSISTENT
 WITH THE CONCLUSION OF GRAS STATUS; OR
   (B) A STATEMENT THAT THE AVAILABLE DATA AND INFORMATION  WAS  REVIEWED
 AND  THE  REPORTER IS NOT AWARE OF ANY DATA AND INFORMATION THAT ARE, OR
 MAY APPEAR TO BE, INCONSISTENT WITH THE CONCLUSION OF GRAS STATUS;
   (4) IF ANY DATA AND INFORMATION IN THE REPORT IS EXEMPT  FROM  DISCLO-
 SURE  UNDER  THE FREEDOM OF INFORMATION LAW, A STATEMENT THAT IDENTIFIES
 SUCH DATA AND INFORMATION; AND
   (5) FOR NON-PUBLIC, SAFETY-RELATED DATA AND INFORMATION CONSIDERED  IN
 REACHING  A CONCLUSION OF GRAS STATUS, AN EXPLANATION OF HOW THERE COULD
 BE A BASIS FOR A CONCLUSION OF GRAS STATUS IF QUALIFIED EXPERTS  DO  NOT
 HAVE ACCESS TO SUCH DATA AND INFORMATION.
   (VII) A LIST OF THE GENERALLY AVAILABLE DATA, INFORMATION, AND METHODS
 THE NOTIFIER CITES IN THE GRAS NOTICE, INCLUDING:
   (1) A LIST OF ALL OF THE DATA AND INFORMATION REQUIRED BY SUBPARAGRAPH
 (VI) OF THIS PARAGRAPH TO PROVIDE A BASIS FOR DETERMINING THAT THE NOTI-
 FIED  SUBSTANCE  IS  SAFE  UNDER  THE CONDITIONS OF ITS INTENDED USE, AS
 DESCRIBED IN ACCORDANCE WITH CLAUSE ONE OF  SUBPARAGRAPH  (VI)  OF  THIS
 PARAGRAPH; AND
   (2)  IDENTIFICATION OF SPECIFIC DATA AND INFORMATION LISTED IN ACCORD-
 ANCE WITH CLAUSE ONE OF THIS SUBPARAGRAPH THAT ARE  GENERALLY  AVAILABLE
 AND NOT GENERALLY AVAILABLE.
   (VIII)  ANY  PREVIOUS  GRAS SUBSTANCE NOTICES SUBMITTED TO THE FEDERAL
 FOOD AND DRUG ADMINISTRATION ON THE REPORTED SUBSTANCE AND  THE  FEDERAL
 FOOD AND DRUG ADMINISTRATION'S RESPONSES.
   (IX) ALL RELEVANT CURRENTLY AVAILABLE SAFETY INFORMATION.
   2. THE FOLLOWING SUBSTANCES ARE EXEMPT FROM THE REPORTING REQUIREMENTS
 OF SUBDIVISION ONE OF THIS SECTION:
   A.  ANY  GRAS  SUBSTANCE  FOR WHICH THE FEDERAL FOOD AND DRUG ADMINIS-
 TRATION HAS RECEIVED A GRAS NOTICE AND ISSUED A LETTER STATING THAT  THE
 FEDERAL  FOOD  AND  DRUG  ADMINISTRATION  HAS NO QUESTIONS REGARDING THE
 CONCLUSION THAT THE SUBSTANCE IS GENERALLY RECOGNIZED AS SAFE UNDER  ITS
 INTENDED CONDITIONS OF USE;
   B.  ANY  SUBSTANCES  RECOGNIZED  IN FEDERAL REGULATIONS AS PRIOR SANC-
 TIONED OR GRAS SUBSTANCES FOR USE IN FOOD OR FOOD PACKAGING;
   C. ANY FOOD CONTACT SUBSTANCE FOR WHICH THERE IS AN EFFECTIVE  PREMAR-
 KET NOTIFICATION DEMONSTRATING SAFETY FOR ITS INTENDED USE;
   D. ANY SUBSTANCES SUBJECT TO REGULATION APPROVING ITS INTENDED USE FOR
 FOOD;
 A. 9295                             5

   E. A FOOD INGREDIENT OF NATURAL BIOLOGICAL ORIGIN THAT HAS BEEN WIDELY
 CONSUMED FOR ITS NUTRIENT PROPERTIES IN THE UNITED STATES PRIOR TO JANU-
 ARY  FIRST,  NINETEEN  HUNDRED  FIFTY-EIGHT  WITHOUT  KNOWN  DETRIMENTAL
 EFFECTS, WHICH IS SUBJECT ONLY TO CONVENTIONAL PROCESSING  AS  PRACTICED
 PRIOR  TO  JANUARY FIRST, NINETEEN HUNDRED FIFTY-EIGHT, AND FOR WHICH NO
 KNOWN SAFETY HAZARD EXISTS; AND
   F. ANY SUBSTANCE DETERMINED SAFE TO BE ADDED TO FOODS BY  THE  COMMIS-
 SIONER THROUGH RULEMAKING.
   3.  ANY  PERSON  MAY  FILE  A  REPORT  TO  THE COMMISSIONER UNDER THIS
 SECTION.
   4. SMALL BUSINESSES, AS DEFINED SECTION ONE HUNDRED THIRTY-ONE OF  THE
 ECONOMIC  DEVELOPMENT LAW, SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS
 SECTION.
   5. DATA ESTABLISHING THE GENERAL RECOGNITION OF SAFETY SHALL BE  BASED
 ON  PUBLICLY  AVAILABLE  INFORMATION  AND  SHALL  NOT  BE BASED ON TRADE
 SECRETS.
   § 4. Section 199-b of the agriculture and markets law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5. THE COMMISSIONER:
   A.  SHALL MAKE REPORTS SUBMITTED PURSUANT TO SECTION ONE HUNDRED NINE-
 TY-NINE-G OF THIS ARTICLE AVAILABLE TO THE PUBLIC IN A DATABASE  ON  ITS
 WEBSITE. THE DATABASE SHALL:
   (I) BE SEARCHABLE BY MEMBERS OF THE PUBLIC;
   (II) ENABLE CONSUMERS TO DOWNLOAD AND PRINT DISPLAYED INFORMATION; AND
   (III) ACCOMMODATE REASONABLY ANTICIPATED AND ACTUAL PUBLIC USE.
   B.  SHALL  REDACT FROM THE PUBLIC REPORT ANY INFORMATION THAT HAS BEEN
 DESIGNATED BY THE SUBMITTER AS A TRADE SECRET, PROVIDED,  HOWEVER,  THAT
 DATA ESTABLISHING THE GENERAL RECOGNITION OF SAFETY SHALL NOT BE REDACT-
 ED;
   C. SHALL UPDATE THE DATABASE WITH ANY NEW INFORMATION THAT THE COMMIS-
 SIONER RECEIVES RELATING TO THE SAFETY OF THE GRAS SUBSTANCE;
   D.  MAY REFUSE TO LIST A GRAS SUBSTANCE IF THE COMMISSIONER DETERMINES
 THE REPORT DOES NOT CONTAIN THE  INFORMATION  REQUIRED  BY  SECTION  ONE
 HUNDRED NINETY-NINE-G OF THIS ARTICLE;
   E.  SHALL  PROVIDE  AN  INTERIM  PROGRESS REPORT CONCERNING EFFORTS TO
 DEVELOP AND IMPLEMENT THE DATABASE SYSTEM REQUIRED BY THIS  SUBDIVISION,
 WHICH SHALL INCLUDE:
   (I) A PROJECTED COMPLETION DATE;
   (II)  A  DESCRIPTION OF OBSTACLES TO DEVELOPMENT AND IMPLEMENTATION OF
 THE DATABASE SYSTEM; AND
   (III) AN ESTIMATE OF THE COSTS TO COMPLETE THE IMPLEMENTATION  OF  THE
 DATABASE SYSTEM; AND
   F.  MAY  CHARGE  A FEE TO THE REPORTER OF A GRAS SUBSTANCE IN ORDER TO
 RECOVER THE COSTS INCURRED IN LISTING SUCH GRAS SUBSTANCE AND  MAINTAIN-
 ING THE DATABASE.
   §  5.  The second undesignated paragraph of section 202-c of the agri-
 culture and markets law, as amended by chapter 671 of the laws of  1966,
 is amended to read as follows:
   The  commissioner may institute such action at law or in equity as may
 appear necessary to enforce compliance with sections one  hundred  nine-
 ty-nine-a, ONE HUNDRED NINETY-NINE-G, two hundred and two hundred one of
 this  article,  and  any rule or order respecting a GRAS SUBSTANCE, food
 additive, or color additive promulgated pursuant to sections one hundred
 ninety-nine-b and two hundred fourteen-b of this article and,  in  addi-
 tion  to any other remedy under this chapter or otherwise, may apply for
 relief by injunction  to  protect  the  public  interest  without  being
 A. 9295                             6
 
 compelled  to  allege  or  prove that an adequate remedy at law does not
 exist. In an action instituted by the commissioner to enforce compliance
 with said sections  one  hundred  ninety-nine-a,  two  hundred  and  two
 hundred  one  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.
   § 6. This act shall take effect immediately.