N.Y. Agriculture & Markets Law § 199-a: Prohibition as to adulterated or misbranded food

§ 199-a. Prohibition as to adulterated or misbranded food. 1. No

person or persons, firm, association or corporation shall within this

state manufacture, compound, brew, distill, produce, process, pack,

transport, possess, sell, offer or expose for sale, or serve in any

hotel, restaurant, eating house or other place of public entertainment

any article of food which is adulterated or misbranded within the

meaning of this article.

2. It shall be unlawful for any person, firm, association or

corporation to 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 new food additive or

combination thereof or any color additive which is not in use at the

time this section as hereby amended takes effect, or to make any new use

of a food additive or color additive therein or thereon unless and until

he shall have reported the same to the commissioner upon a form

prescribed by the commissioner and shall have submitted test data to the

commissioner and shall have satisfied the commissioner as to the safety

of such new food additive or color additive or of such new use of such

food additive or color additive under the conditions of its intended

use.

3. It shall be unlawful for any person, firm, association or

corporation to manufacture, compound, brew, distill, produce, process,

sell, offer or expose for sale any food additive or color additive or

any food or food product containing a food additive or color additive

which is in use at the time this section as hereby amended takes effect,

or in which in the manufacturing, compounding, brewing, distilling,

producing or processing of such a food additive or color additive was

used, unless the manufacturer of such a food additive or color additive

or of such food or food product shall have reported to the commissioner

upon a form prescribed by him the identity of each such food additive or

color additive and the proportions thereof by weight in the finished

food product manufactured, offered or exposed for sale. The commissioner

may, from time to time, through rules and regulations, exempt certain

food additives and color additives from the requirements of this

subdivision and remove from such exemption lists such food additives and

color additives as upon further information may appear to be unsafe.

4. All data submitted to the commissioner in support of the report

under this section shall be considered confidential 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 respecting 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 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.