* § 199-e. Prohibition as to sale of irradiated foods. 1. Definitions.
As used in this section, the following definitions shall apply:

(a) "Food" means fruits, vegetables, meats, poultry, eggs, dairy
products and other natural and processed products offered for sale for
human or animal consumption.

(b) "Irradiated food" means any food treated with ionizing radiation
from radioactive sources, X-rays, or electron beams and includes any
food which contains an ingredient that has been irradiated; provided,
however, that if the irradiated ingredients of any food consist solely
of spices which have been so treated, such food shall not be deemed an
irradiated food on account of such irradiated spices.

2. Sale of irradiated food prohibited; exception. It shall be unlawful
for any merchant, broker or processor to knowingly sell, offer for sale
or expose for sale an irradiated food except as otherwise provided in
this subdivision, whether or not such food is deemed to be adulterated
under the provisions of subdivision six-a of section two hundred of this
article. It shall not be unlawful under this subdivision for any
merchant, broker or processor to knowingly sell, offer for sale or
expose for sale an irradiated food to a general hospital for use as part
of a medical regimen in the care or treatment of persons with immune
system deficiency or other disease, provided the irradiated food is
packaged with or accompanied by a warning label that it is intended for
hospital use only by such persons.

3. Penalties. (a) Any person violating any provision of this article
shall be subject to a penalty in the sum of not less than two hundred
dollars and not more than ten thousand dollars; provided, however, that
for a violation by a retail merchant the penalty shall be not less than
fifty dollars and shall not exceed five hundred dollars.

(b) For the purposes of this section, each day on which an irradiated
food is unlawfully offered or exposed for sale or exchange shall
constitute a separate violation.

(c) For the purposes of this section, the unlawful offer for sale or
exchange of a group of identical consumer commodities shall constitute
but a single violation, and the unlawful offer for sale or exchange of
different groups of identical consumer commodities shall constitute a
separate violation for each group.

4. Applicability. The provisions of this section shall not apply to
irradiated foods purchased prior to the effective date of this section.

5. Effectiveness. The provisions of this section shall be of no force
or effect on and after September first, nineteen hundred ninety-five.

* NB Expired September 1, 1995