N.Y. Agriculture & Markets Law § 200: Adulteration of food

§ 200. Adulteration of food. Food shall be deemed to be adulterated:

1. If it bears or contains any poisonous or deleterious substance which

may render it injurious to health; but in case the substance is not an

added substance such food shall not be considered adulterated under this

subdivision if the quantity of such substance in such food does not

ordinarily render it injurious to health.

2. If it bears or contains any added poisonous or added deleterious

substance other than one which is (a) a pesticide chemical in or on a

raw agricultural commodity, (b) a food additive, or (c) a color

additive, which is unsafe within the meaning of section two hundred two,

or if it is a raw agricultural commodity and it bears or contains a

pesticide chemical which is unsafe within the meaning of section four

hundred eight-a of the federal food, drug and cosmetic act, as amended,

or if it is, or it bears or contains, any food additive which is unsafe

within the meaning of section four hundred nine of such federal act, as

amended; provided, that where a pesticide chemical has been used in or

on a raw agricultural commodity in conformity with an exemption granted

or a tolerance prescribed under section four hundred eight of such

federal act, and such raw agricultural commodity has been subjected to

processing such as canning, cooking, freezing, dehydrating or milling,

the residue of such pesticide chemical remaining in or on such processed

food shall not be deemed unsafe if such residue in or on the raw

agricultural commodity has been removed to the extent possible in good

manufacturing practice, and the concentration of such residue in the

processed food, when ready to eat, is not greater than the tolerance

prescribed for the raw agricultural commodity.

3. If it consists in whole or in part of a diseased, contaminated,

filthy, putrid or decomposed substance, or if it is otherwise unfit for

food.

4. If it has been produced, prepared, packed or held under insanitary

conditions whereby it may have become contaminated with filth, or

whereby it may have been rendered diseased, unwholesome or injurious to

health.

5. If it is the product of a diseased animal or of an animal which has

died otherwise than by slaughter, or that has been fed upon the uncooked

offal from a slaughterhouse.

6. If its container is composed in whole or in part of any poisonous

or deleterious substance which may render the contents injurious to

health.

6-a. If it has been intentionally subjected to radiation, unless the

use of the radiation was in conformity with a regulation or exemption in

effect pursuant to sections one hundred ninety-nine-a or one hundred

ninety-nine-b.

7. If any valuable constituent has been in whole or in part omitted or

abstracted therefrom.

8. If any substance has been substituted wholly or in part therefor.

9. If damage or inferiority has been concealed in any manner.

10. If any substance has been added thereto or mixed or packed

therewith so as to increase its bulk or weight, or reduce its quality or

strength or make it appear better than it is or of greater value than

its true value.

10-a. If it is, or it bears or contains, a color additive which is

unsafe within the meaning of section seven hundred six-a of the federal

food, drug and cosmetic act, as amended.

11. If it falls below the standard of purity, quality or strength

which it purports or is represented to possess.

12. If it is confectionery and it bears or contains any alcohol or

non-nutritive article or substance except harmless coloring, harmless

flavoring, harmless resinous glaze not in excess of four-tenths of one

per centum, harmless natural gum, and pectin; provided that this

subdivision shall not apply to any confectionery by reason of its

containing up to one-half of one per centum by volume of alcohol derived

solely from the use of flavoring extracts, or to any chewing gum by

reason of its containing harmless non-nutritive masticatory substances;

and provided further that this subdivision shall not apply to any

confectionery bearing or containing more than one-half of one per centum

but not more than five per centum of alcohol by volume.

13. With respect to the manufacture or sale of confectionery bearing

or containing more than one-half of one per centum but not more than

five per centum of alcohol by volume, such confectionery must:

(a) not be sold to individuals under twenty-one years of age;

(b) bear a statement on the label that sale of the product to

individuals under twenty-one years of age is prohibited;

(c) bear a statement on the label that the product contains alcohol up

to five percent by volume;

(d) bear the following statement: "Notice: This product contains

alcohol used as a flavoring and, as with any product that contains

alcohol: (i) women should not consume alcohol during pregnancy because

of the risk of birth defects, and (ii) consumption of alcohol impairs

your ability to drive a car or operate machinery, and may cause health

problems; and

(e) be sold, either alone or in conjunction with other confectionery

containing no alcohol or less than one-half of one per centum by volume

of alcohol derived solely from the use of flavoring extracts, in

quantities of at least one-half pound or in a package or container

containing at least twenty-four pieces.

If the confectionery is sold in bulk to be packaged by the retailer at

the time of sale to a consumer, the statements required by paragraphs

(b) and (c) of this subdivision shall appear on the box, bag or other

container in which the confectionery is placed by the retailer and

furnished to the consumer and the statement required by paragraph (d) of

this subdivision shall appear either on the box, bag or other container

in which the confectionery is placed by the retailer and furnished to

the consumer or shall appear on a card enclosed within such box, bag or

other container. In addition, the manufacturer and/or distributor of

such confectionery in bulk shall provide written notice to the retailer

with each shipment (i) that the confectionery in the shipment may not be

sold to individuals under twenty-one years of age; and (ii) that the

packaging in which such confectionery is furnished to the consumer must

bear the statements required by paragraphs (b) and (c) of this

subdivision; and (iii) that the statement required by paragraph (d) of

this subdivision must appear on the packaging in which such

confectionery is furnished to the consumer or on a card enclosed within

such packaging; and (iv) that the confectionery must be sold in

quantities of at least one-half pound or twenty-four pieces.

14. If it is ice cream or other frozen desserts made with liquor,

wine, beer or cider bearing or containing more than five percent of

alcohol by volume.

15. With respect to the manufacture and sale of ice cream or other

frozen desserts made with liquor, wine, beer or cider bearing or

containing more than one-half of one percent, but not more than five

percent of alcohol by volume:

(a) No person shall sell at retail packages of ice cream or other

frozen desserts made with liquor, wine, beer or cider for consumption

off the premises where sold unless:

(i) each package is a sealed package, as received from the

manufacturer or distributor;

(ii) each sealed package, as received from the manufacturer or

distributor, in a format to be established or approved by the

commissioner, prominently bears the following statements, provided that

such statements may refer to either liquor, wine, beer or cider or a

combination thereof:

(A) The sale of this product to individuals under the age of

twenty-one years is prohibited.

(B) This product is made with (insert liquor, wine, beer and/or cider)

and contains alcohol up to five percent by volume.

(C) Notice. This product contains alcohol used as a flavoring and, as

with any product that contains alcohol:

(1) women should not consume alcohol during pregnancy because of the

risk of birth defects, and

(2) consumption of alcohol impairs your ability to drive a car or

operate machinery, and may cause health problems.

(iii) the following advisory, on a sign or poster not less than seven

inches by five inches, in a format to be established or approved by the

commissioner, is displayed prominently at each location where packages

of ice cream or other frozen desserts made with liquor, wine, beer or

cider are made available to the public provided that such sign or poster

may refer to either liquor, wine, beer or cider or a combination

thereof:

"THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM

OR OTHER FROZEN DESSERTS

The sale of (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR

OTHER FROZEN DESSERTS to individuals under the age of twenty-one years

is prohibited.

(INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN

DESSERTS contain alcohol up to five percent by volume.

NOTICE: (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER

FROZEN DESSERTS contain alcohol used as a flavoring and, as with any

product that contains alcohol:

(1) women should not consume alcohol during pregnancy because of the

risk of birth defects, and

(2) consumption of alcohol impairs your ability to drive a car or

operate machinery, and may cause health problems.

IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF

TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE,

FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING

TO PURCHASE (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER

FROZEN DESSERTS."

(b) No manufacturer and/or distributor of ice cream or other frozen

desserts made with liquor, wine, beer or cider shall sell such product:

(i) to a person intending to sell at retail individual servings of ice

cream or other frozen desserts made with liquor, wine, beer or cider,

unless, with each shipment, such manufacturer and/or distributor

provides:

(A) a written notice that individual servings of ice cream or other

frozen desserts made with liquor, wine, beer or cider may be sold at

retail only where the retailer complies with all of the requirements set

forth in paragraph (a) of this subdivision, and

(B) a written copy of such requirements; and

(ii) to a person intending to sell at retail packages of ice cream or

other frozen desserts made with liquor, wine, beer or cider for

consumption off the premises, unless, with each shipment, such

manufacturer and/or distributor provides:

(A) a written notice that packages of ice cream or other frozen

desserts made with liquor, wine, beer or cider may be sold at retail

only where the retailer complies with all of the requirements set forth

in paragraph (a) of this subdivision, and

(B) a written copy of such requirements.