Bill Text: NY S01228 | 2015-2016 | General Assembly | Introduced

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Bill Title: Prohibits the use of the food additive azodicarbonamide in any baked good produced in the state; defines terms; imposes penalties for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO AGRICULTURE [S01228 Detail]

Download: New_York-2015-S01228-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1228
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation to the  use
         of azodicarbonamide
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  section 214-o to read as follows:
    3    S  214-O.  USE  OF  AZODICARBONAMIDE  PROHIBITED.  1.  AS USED IN THIS
    4  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    A. "FOOD ADDITIVE" SHALL HAVE THE SAME MEANING AS DEFINED IN  SUBDIVI-
    6  SION SEVEN OF SECTION ONE HUNDRED NINETY-EIGHT OF THIS CHAPTER.
    7    B.  "AZODICARBONAMIDE" SHALL MEAN A CHEMICAL COMPOUND IN THE FORM OF A
    8  YELLOW TO ORANGE  RED,  ODORLESS,  CRYSTALLINE  POWDER  WHICH  HAS  BEEN
    9  ASSIGNED  THE  CHEMICAL  ABSTRACTS  SERVICE REGISTRY NUMBER 123-77-3 AND
   10  WHICH IS USED OR INTENDED FOR USE AS AN AGING AND  BLEACHING  INGREDIENT
   11  IN CEREAL FLOWER OR AS A DOUGH CONDITIONER IN BREAD BAKING.
   12    2.  NO  PERSON SHALL SELL, OFFER TO SELL, OR EXPOSE FOR SALE ANY BAKED
   13  GOOD THAT IS PRODUCED IN THE STATE EXCLUSIVELY FOR DISTRIBUTION  IN  THE
   14  STATE CONTAINING THE FOOD ADDITIVE AZODICARBONAMIDE.
   15    3. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL FINE NOT
   16  TO  EXCEED  ONE  THOUSAND  DOLLARS  ON  THE FIRST OFFENSE, FIVE THOUSAND
   17  DOLLARS ON THE SECOND OFFENSE AND TEN THOUSAND DOLLARS ON ANY SUBSEQUENT
   18  OFFENSE.
   19    4. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF  THIS  SECTION
   20  THAT  A  BAKED  GOOD CONTAINING AZODICARBONAMIDE WAS PRODUCED IN ANOTHER
   21  STATE OR THAT SUCH PERSON INTENDED TO  DISTRIBUTE  SUCH  BAKED  GOOD  IN
   22  ANOTHER STATE.
   23    S 2. This act shall take effect on the one hundred eightieth day after
   24  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03200-01-5