N.Y. Agriculture & Markets Law § 199-e: Prohibition as to sale of irradiated foods

* § 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