State Codes and Statutes

Statutes > New-york > Agm > Article-17 > 202-c

§ 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.

State Codes and Statutes

Statutes > New-york > Agm > Article-17 > 202-c

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-17 > 202-c

§ 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.