N.Y. Agriculture & Markets Law § 214-e: Temporary marketing and manufacturing permits

§ 214-e. Temporary marketing and manufacturing permits. Any person,

firm, partnership, corporation or association desiring a temporary

permit to deviate from an existing dairy or food standard or regulation

may file with the commissioner a written application on a form

prescribed by the commissioner. The application shall include the

following: (1) name and address of the applicant, (2) a full description

of the proposed variation from the standard and the basis upon which the

food so varying is believed to be wholesome and in the interest of the

consumers. This description shall include the names, amounts of all

ingredients and a sample of the label, (3) if the resulting product is

similar to one for which there is now a definition, the applicant shall

indicate the nature of the deviation and why it will be of benefit to

consumers, (4) the applicant shall indicate the time for which the

permit is desired and how the product will be distributed, (5) the

commissioner must also receive a statement of the probable amount of

such food to be distributed, the areas of distribution and the address

at which such food will be manufactured, (6) the commissioner may

require the applicant to furnish samples of the food varying from the

standard and to furnish such additional information as may be deemed

necessary for action on the application, and (7) the commissioner may,

in issuing a temporary permit, specify a limited marketing area for the

new food product under study and limit the time of such permit.

If the commissioner concludes that the variation may be advantageous

to consumers and will not result in a lowering of health standards or

promote fraud and deception, a temporary permit may be issued to the

applicant. The terms and conditions of such permit shall be binding on

the applicant. The period that the permit shall be in effect shall be at

the discretion of the commissioner but shall not exceed one year.

The commissioner may after public hearing, revoke the permit for

cause, which shall include but not be limited to the following: (1)

violation by the permittee of the terms and conditions of the permit,

(2) the application for permit contains an untrue statement of fact, or

(3) the need therefore no longer exists.