N.Y. Agriculture & Markets Law § 199-b: Powers and duties of commissioner respecting food additives and color additives

§ 199-b. Powers and duties of commissioner respecting food additives

and color additives. 1. The commissioner shall maintain currently an

exemption list which shall contain the food additives and color

additives which in his judgment are safe for human consumption and need

not be reported. All other food additives and color additives shall be

reported by the food manufacturer or processor selling or offering or

exposing for sale any food in which a food additive or color additive

has been used or is an ingredient and the commissioner shall grant a

grace period of two years from the effective date of this act within

which such manufacturer or processor shall submit test data which shall

satisfy the commissioner as to the safety of such food additive or color

additive when used in food or food processing. Upon failure of the

manufacturer or processor to supply the commissioner with such

satisfactory test data within said two year period, the sale or use of

such food additive or color additive by such manufacturer or processor

shall be unlawful.

2. The commissioner shall determine upon a fair evaluation of the

entire record whether a food additive or color additive may be safely

used, the conditions under which it may be used, and a safe, permissible

maximum therefor. As to such matters, the determination shall be made

upon written recommendation with the reasons therefor, and which shall

constitute the commissioner's decision upon which a formal order shall

be made by him. Whenever the commissioner is not satisfied upon a fair

evaluation of the entire record as to the safety of a food additive or

color additive, he shall make a determination which shall show the facts

found and the reasons for it and on this decision he shall make his

formal order. On or before the thirtieth day after the date on which a

formal order under this subsection is served either in person or by

registered or certified mail upon the person affected thereby, any

person who will be adversely affected by such order if placed in effect

may file objections thereto with the commissioner specifying with

particularity the provisions of the order deemed objectionable, stating

the grounds therefor, and requesting a public hearing upon such

objections. The filing of such objections shall operate to stay the

effectiveness of those provisions of the order to which the objections

are made. As soon as practicable after objections are filed by any

person who will be adversely affected by such order the commissioner,

after due notice, shall hold a public hearing for the purpose of

receiving evidence relevant and material to the issue raised by such

objections. At the hearing any interested person may be heard in person

or by attorney, and upon the completion of the hearing the commissioner

shall make a final order which shall be based upon a fair evaluation of

the entire record taken at such hearing and shall set forth as part of

the order the findings of fact on which the order is based. Any order of

the commissioner under this section shall be final unless within thirty

days from the date of service thereof upon the party affected thereby a

court proceeding is instituted to review it.

3. The commissioner is hereby authorized to adopt regulations relating

to the reporting of food additives and color additives, the use thereof

in food and food products, the fixing of definitions and standards of

identity and of quality for foods and of safe permissible maximums for

food additives and color additives in the manufacturing, compounding or

processing of foods, requirements for the submission of test data on the

safety of food additives and color additives or in new uses therefor,

public hearings, official orders and all such matters as shall

supplement and give full force and effect to the provisions of this

chapter relating to the use of food additives and color additives in

food and food products.

4. In making or changing any determination under this article as to

whether any food additive or color additive may be safely used, the

commissioner of agriculture and markets shall obtain the prior written

approval of the department of health which approval shall not be

withheld if the food additive or color additive is safe under the

conditions of its intended use. The commissioner of agriculture and

markets shall make available to the department of health all test data

and other information furnished him in accordance with sections one

hundred ninety-nine-a and one hundred ninety-nine-b of this article.