NY Agric & Mkts L § 199-B (2021)
2021 New York Laws AGM - Agriculture and Markets Article 17 - Adulteration, Packing, and Branding of Food and Food Products 199-B - Powers and Duties of Commissioner Respecting Food Additives and Color Additives.

§ 199-b. Powers  and  duties of commissioner respecting food additives   and color additives. 1. The commissioner  shall  maintain  currently  an   exemption  list  which  shall  contain  the  food  additives  and  color   additives which in his judgment are safe for human consumption and  need   not  be  reported. All other food additives and color additives shall be   reported by the food manufacturer or processor selling  or  offering  or   exposing  for  sale  any food in which a food additive or color additive   has been used or is an ingredient and the  commissioner  shall  grant  a   grace  period  of  two  years from the effective date of this act within   which such manufacturer or processor shall submit test data which  shall   satisfy the commissioner as to the safety of such food additive or color   additive  when  used  in  food  or  food processing. Upon failure of the   manufacturer  or  processor  to  supply  the  commissioner   with   such   satisfactory  test  data within said two year period, the sale or use of   such food additive or color additive by such manufacturer  or  processor   shall be unlawful.2.  The  commissioner  shall  determine  upon a fair evaluation of the   entire record whether a food additive or color additive  may  be  safely   used, the conditions under which it may be used, and a safe, permissible   maximum  therefor.  As  to such matters, the determination shall be made   upon written recommendation with the reasons therefor, and  which  shall   constitute  the  commissioner's decision upon which a formal order shall   be made by him. Whenever the commissioner is not satisfied upon  a  fair   evaluation  of  the entire record as to the safety of a food additive or   color additive, he shall make a determination which shall show the facts   found and the reasons for it and on this  decision  he  shall  make  his   formal  order.  On or before the thirtieth day after the date on which a   formal order under this subsection is served  either  in  person  or  by   registered  or  certified  mail  upon  the  person affected thereby, any   person who will be adversely affected by such order if placed in  effect   may  file  objections  thereto  with  the  commissioner  specifying with   particularity the provisions of the order deemed objectionable,  stating   the  grounds  therefor,  and  requesting  a  public  hearing  upon  such   objections. The filing of such objections  shall  operate  to  stay  the   effectiveness  of  those provisions of the order to which the objections   are made. As soon as practicable  after  objections  are  filed  by  any   person  who  will  be adversely affected by such order the commissioner,   after due notice, shall  hold  a  public  hearing  for  the  purpose  of   receiving  evidence  relevant  and  material to the issue raised by such   objections. At the hearing any interested person may be heard in  person   or  by attorney, and upon the completion of the hearing the commissioner   shall make a final order which shall be based upon a fair evaluation  of   the  entire  record taken at such hearing and shall set forth as part of   the order the findings of fact on which the order is based. Any order of   the commissioner under this section shall be final unless within  thirty   days  from the date of service thereof upon the party affected thereby a   court proceeding is instituted to review it.3. The commissioner is hereby authorized to adopt regulations relating   to the reporting of food additives and color additives, the use  thereof   in  food  and  food products, the fixing of definitions and standards of   identity and of quality for foods and of safe permissible  maximums  for   food  additives and color additives in the manufacturing, compounding or   processing of foods, requirements for the submission of test data on the   safety of food additives and color additives or in  new  uses  therefor,   public   hearings,  official  orders  and  all  such  matters  as  shall   supplement and give full force and effect  to  the  provisions  of  this   chapter  relating  to  the  use of food additives and color additives in   food and food products. 4. In making or changing any determination under this  article  as  to   whether  any  food  additive  or  color additive may be safely used, the   commissioner of agriculture and markets shall obtain the  prior  written   approval  of  the  department  of  health  which  approval  shall not be   withheld  if  the  food  additive  or  color  additive is safe under the   conditions of its intended use.  The  commissioner  of  agriculture  and   markets  shall  make available to the department of health all test data   and other information furnished him  in  accordance  with  sections  one   hundred ninety-nine-a and one hundred ninety-nine-b of this article.