Legislation
SECTION 216-D
Consumer product protection
Executive (EXC) CHAPTER 18, ARTICLE 11
§ 216-d. Consumer product protection. 1. The superintendent, in
consultation with the commissioner of the division of criminal justice
services, shall establish a program to investigate actual and/or
suspected cases of consumer product tampering, as defined in sections
145.35, 145.40 and 145.45 of the penal law, within this state and may
assign such employees, as deemed necessary for the proper operation of
such program.
2. Such program shall provide that the state police may, upon request,
act as the coordinating agency responding to cases of suspected product
tampering. The superintendent in conjunction with the commissioner of
the division of criminal justice services, shall, by regulation,
establish uniform procedures that may be used by other agencies involved
in such cases.
3. The superintendent, in conjunction with the commissioner of the
division of criminal justice services, and with the cooperation of the
department of health, the department of agriculture and markets, and
other pertinent agencies, shall promulgate such additional rules and
regulations which in his/her discretion are necessary for the efficient
operation of this section. These regulations should include but not be
limited to the following:
a. the establishment of uniform procedures to be used whenever a law
enforcement or regulatory agency or other agency becomes involved in a
consumer product tampering incident. Such regulations shall require that
the state police provide direct investigative assistance or support
services to any law enforcement or regulatory agency upon request;
b. the establishment of a computerized central data base, located at
division headquarters, which will function as an information management
and retrieval system for matters involving consumer product tampering.
Notification of all consumer product tampering cases made to law
enforcement, regulatory agencies or other agencies shall be reported to
the central data base within five hours of such notification;
c. authorization, upon request, to use the scientific crime detection
laboratory to analyze evidence in connection with state police cases or
cases that originate with other law enforcement, regulatory agencies or
other agencies; and
d. establishment of a twenty-four hour consumer product tampering
phone line, to be set up at Headquarters' communication section in
Albany.
4. The superintendent, in cooperation with the division of criminal
justice services, shall make recommendations to the municipal police
training council for the establishment of a formalized consumer product
tampering training program for all law enforcement personnel.
consultation with the commissioner of the division of criminal justice
services, shall establish a program to investigate actual and/or
suspected cases of consumer product tampering, as defined in sections
145.35, 145.40 and 145.45 of the penal law, within this state and may
assign such employees, as deemed necessary for the proper operation of
such program.
2. Such program shall provide that the state police may, upon request,
act as the coordinating agency responding to cases of suspected product
tampering. The superintendent in conjunction with the commissioner of
the division of criminal justice services, shall, by regulation,
establish uniform procedures that may be used by other agencies involved
in such cases.
3. The superintendent, in conjunction with the commissioner of the
division of criminal justice services, and with the cooperation of the
department of health, the department of agriculture and markets, and
other pertinent agencies, shall promulgate such additional rules and
regulations which in his/her discretion are necessary for the efficient
operation of this section. These regulations should include but not be
limited to the following:
a. the establishment of uniform procedures to be used whenever a law
enforcement or regulatory agency or other agency becomes involved in a
consumer product tampering incident. Such regulations shall require that
the state police provide direct investigative assistance or support
services to any law enforcement or regulatory agency upon request;
b. the establishment of a computerized central data base, located at
division headquarters, which will function as an information management
and retrieval system for matters involving consumer product tampering.
Notification of all consumer product tampering cases made to law
enforcement, regulatory agencies or other agencies shall be reported to
the central data base within five hours of such notification;
c. authorization, upon request, to use the scientific crime detection
laboratory to analyze evidence in connection with state police cases or
cases that originate with other law enforcement, regulatory agencies or
other agencies; and
d. establishment of a twenty-four hour consumer product tampering
phone line, to be set up at Headquarters' communication section in
Albany.
4. The superintendent, in cooperation with the division of criminal
justice services, shall make recommendations to the municipal police
training council for the establishment of a formalized consumer product
tampering training program for all law enforcement personnel.