N.Y. Agriculture & Markets Law Section 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 § 200 (Adulteration of food)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

Source: Section 199-E — Prohibition as to sale of irradiated foods, https://www.­nysenate.­gov/legislation/laws/AGM/199-E (updated Sep. 22, 2014; accessed Jun. 15, 2024).

198
Definitions
199
Application of article
199‑A
Prohibition as to adulterated or misbranded food
199‑B
Powers and duties of commissioner respecting food additives and color additives
199‑C
Disposing of tainted food
199‑D
Prohibition as to sulfites
199‑E
Prohibition as to sale of irradiated foods
199‑F
Food allergies notice in food service establishments
200
Adulteration of food
201
Misbranding of food
201‑A
Kosher food and food products
201‑B
Retail sale of kosher food or food products
201‑C
Persons certifying as kosher
201‑D
Notice of violation
201‑E
Halal food and food products
201‑F
Retail sale of halal food or food products
201‑G
Persons certifying as halal
201‑H
Notice of violation
201‑I
Misbranding of certain fish species
202
Unavoidable added poisonous or deleterious substances
202‑A
False advertising
202‑B
Seizure and quarantine
202‑C
Proceedings to review, violations and remedies
203
Manufacture and sale of imitation maple, birch, walnut or beech sugar and syrup prohibited
204
Branding and labeling of maple, birch, walnut or beech sugar and syrup mixtures
204‑A
Olive oil mixtures
204‑B
Foods containing fats and/or oils
204‑C
Prepared horseradish
204‑D
Adulteration of natural fruit juices
205
Defining honey
206
Relative to selling a commodity in imitation or semblance of honey
207
Definition of vinegars and adulterated vinegars
208
Manufacture and sale of misbranded vinegar prohibited
209
Packages containing vinegar to be branded
210
Packaging in the shape of firearms
210‑A
Pork processing
213
Repacking fruit and farm produce
214
Guaranty established
214‑A
Samples
214‑B
Regulations
214‑C
No provisions contained in sections one hundred ninety-eight, one hundred ninety-nine, two hundred, two hundred one, two hundred two, two...
214‑D
Legislative finding and declaration of policy
214‑E
Temporary marketing and manufacturing permits
214‑F
Temperature requirements for manufacture, transportation and storage of certain foods
214‑G
Labeling of certain frozen foods
214‑H
Unit pricing
214‑J
Small quantities of fruits and vegetables
214‑K
Sale and labeling of charcoal
214‑L
Sale of talc coated rice prohibited
214‑M
Labeling of certain food products
214‑N
Treatment and sale of apple cider
214‑O
Labeling requirements for fish wholesalers

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 199-E’s source at nysenate​.gov

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