N.Y. Agriculture & Markets Law Section 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.

Source: Section 214-E — Temporary marketing and manufacturing permits, https://www.­nysenate.­gov/legislation/laws/AGM/214-E (updated Sep. 22, 2014; accessed Jan. 18, 2025).

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:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 214-E’s source at nysenate​.gov

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