N.Y. Agriculture & Markets Law Section 202-C
Proceedings to review, violations and remedies

The commissioner may refuse to approve any new food additive or color additive or combination thereof or new use of a pre-existing food additive or color additive on the ground that he is not satisfied as to its safety. The burden of satisfying the commissioner as to the safety of a food additive or color additive shall be upon the manufacturer or processor selling or offering or exposing the food additive or color additive or food product in which a food additive or color additive was used or is an ingredient. Whenever the commissioner is not satisfied as to the safety of a food additive or color additive or whenever he makes any decision (a) prohibiting the use of a food additive or color additive as unsafe;

(b)

prescribing the conditions under which it may be used or establishing a safe, permissible maximum for such food additive or color additive, his decision with respect thereto may be reviewed in the manner provided by article seventy-eight of the civil practice law and rules and his determination shall be final unless within thirty days from the date of service thereof personally or by registered or certified mail upon the party affected thereby a court proceeding is instituted to review such action. Such application shall be made to the supreme court in the third judicial district. The commissioner may institute such action at law or in equity as may appear necessary to enforce compliance with sections one hundred ninety-nine-a, two hundred and two hundred one of this article, and any rule or order respecting a food additive or color additive promulgated pursuant to sections one hundred ninety-nine-b and two hundred fourteen-b of this article and, in addition to any other remedy under this chapter or otherwise, may apply for relief by injunction to protect the public interest without being compelled to allege or prove that an adequate remedy at law does not exist. In an action instituted by the commissioner to enforce compliance with said sections one hundred ninety-nine-a, two hundred and two hundred one the commissioner shall not be required to prove that the food, food additive or color additive mentioned in the complaint is unsafe and the claim or defense of the defendant as to its safety shall be immaterial, provided, however, that the recognition by the federal food and drug administration of a food additive or color additive as safe may be alleged as a proper defense.

Source: Section 202-C — Proceedings to review, violations and remedies, https://www.­nysenate.­gov/legislation/laws/AGM/202-C (updated Sep. 22, 2014; accessed Apr. 13, 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
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 202-C’s source at nysenate​.gov

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