NY Agric & Mkts L § 200 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 17 - Adulteration, Packing, and Branding of Food and Food Products 200 - Adulteration of Food.

§ 200. Adulteration  of  food. Food shall be deemed to be adulterated: 1.  If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is  not  an added substance such food shall not be considered adulterated under this subdivision  if  the  quantity  of  such substance in such food does not ordinarily render it injurious to health.   2. If it bears or contains any added poisonous  or  added  deleterious substance  other  than  one which is (a) a pesticide chemical in or on a raw agricultural  commodity,  (b)  a  food  additive,  or  (c)  a  color additive, which is unsafe within the meaning of section two hundred two, or  if  it  is  a  raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning  of  section  four hundred  eight-a of the federal food, drug and cosmetic act, as amended, or if it is, or it bears or contains, any food additive which is  unsafe within  the meaning of section four hundred nine of such federal act, as amended; provided, that where a pesticide chemical has been used  in  or on  a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under  section  four  hundred  eight  of  such federal  act,  and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating  or  milling, the residue of such pesticide chemical remaining in or on such processed food  shall  not  be  deemed  unsafe  if  such  residue in or on the raw agricultural commodity has been removed to the extent possible  in  good manufacturing  practice,  and  the  concentration of such residue in the processed food, when ready to eat, is not  greater  than  the  tolerance prescribed for the raw agricultural commodity.   3.  If  it  consists  in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit  for food.   4.  If it has been produced, prepared, packed or held under insanitary conditions whereby it  may  have  become  contaminated  with  filth,  or whereby  it may have been rendered diseased, unwholesome or injurious to health.   5. If it is the product of a diseased animal or of an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse.   6. If its container is composed in whole or in part of  any  poisonous or  deleterious  substance  which  may  render the contents injurious to health.   6-a. If it has been intentionally subjected to radiation,  unless  the use of the radiation was in conformity with a regulation or exemption in effect  pursuant  to  sections  one hundred ninety-nine-a or one hundred ninety-nine-b.   7. If any valuable constituent has been in whole or in part omitted or abstracted therefrom.   8. If any substance has been substituted wholly or in part therefor.   9. If damage or inferiority has been concealed in any manner.   10. If any substance  has  been  added  thereto  or  mixed  or  packed therewith so as to increase its bulk or weight, or reduce its quality or strength  or  make  it appear better than it is or of greater value than its true value.   10-a. If it is, or it bears or contains, a  color  additive  which  is unsafe  within the meaning of section seven hundred six-a of the federal food, drug and cosmetic act, as amended.   11. If it falls below the standard  of  purity,  quality  or  strength which it purports or is represented to possess.   12.  If  it  is  confectionery and it bears or contains any alcohol or non-nutritive article or substance except  harmless  coloring,  harmless  flavoring,  harmless  resinous glaze not in excess of four-tenths of one per centum,  harmless  natural  gum,  and  pectin;  provided  that  this subdivision  shall  not  apply  to  any  confectionery  by reason of its containing up to one-half of one per centum by volume of alcohol derived solely  from  the  use  of  flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory  substances; and  provided  further  that  this  subdivision  shall  not apply to any confectionery bearing or containing more than one-half of one per centum but not more than five per centum of alcohol by volume.   13. With respect to the manufacture or sale of  confectionery  bearing or  containing  more  than  one-half of one per centum but not more than five per centum of alcohol by volume, such confectionery must:  (a) not be sold to individuals under twenty-one years of age;  (b) bear a statement  on  the  label  that  sale  of  the  product  to individuals under twenty-one years of age is prohibited;  (c) bear a statement on the label that the product contains alcohol up to five percent by volume;  (d)  bear  the  following  statement:  "Notice:  This product contains alcohol used as a flavoring and,  as  with  any  product  that  contains alcohol:  (i)  women should not consume alcohol during pregnancy because of the risk of birth defects, and (ii) consumption  of  alcohol  impairs your  ability  to drive a car or operate machinery, and may cause health problems; and  (e) be sold, either alone or in conjunction with  other  confectionery containing  no alcohol or less than one-half of one per centum by volume of alcohol derived  solely  from  the  use  of  flavoring  extracts,  in quantities  of  at  least  one-half  pound  or in a package or container containing at least twenty-four pieces.   If the confectionery is sold in bulk to be packaged by the retailer at the time of sale to a consumer, the statements  required  by  paragraphs (b)  and  (c)  of this subdivision shall appear on the box, bag or other container in which the confectionery  is  placed  by  the  retailer  and furnished to the consumer and the statement required by paragraph (d) of this  subdivision shall appear either on the box, bag or other container in which the confectionery is placed by the retailer  and  furnished  to the  consumer or shall appear on a card enclosed within such box, bag or other container. In addition, the  manufacturer  and/or  distributor  of such  confectionery in bulk shall provide written notice to the retailer with each shipment (i) that the confectionery in the shipment may not be sold to individuals under twenty-one years of age;  and  (ii)  that  the packaging  in which such confectionery is furnished to the consumer must bear  the  statements  required  by  paragraphs  (b)  and  (c)  of  this subdivision;  and  (iii) that the statement required by paragraph (d) of this  subdivision  must  appear  on  the   packaging   in   which   such confectionery  is furnished to the consumer or on a card enclosed within such packaging;  and  (iv)  that  the  confectionery  must  be  sold  in quantities of at least one-half pound or twenty-four pieces.   14.  If  it  is  ice  cream or other frozen desserts made with liquor, wine, beer or cider bearing or containing  more  than  five  percent  of alcohol by volume.   15.  With  respect  to  the manufacture and sale of ice cream or other frozen desserts made  with  liquor,  wine,  beer  or  cider  bearing  or containing  more  than  one-half  of one percent, but not more than five percent of alcohol by volume:  (a) No person shall sell at retail packages  of  ice  cream  or  other frozen  desserts  made  with liquor, wine, beer or cider for consumption off the premises where sold unless:  (i)  each  package  is  a  sealed  package,  as  received   from   the manufacturer or distributor;  (ii)  each  sealed  package,  as  received  from  the  manufacturer or distributor,  in  a  format  to  be  established  or  approved  by   the commissioner,  prominently bears the following statements, provided that such statements may refer to either liquor, wine, beer  or  cider  or  a combination thereof:  (A)  The  sale  of  this  product  to  individuals  under  the  age of twenty-one years is prohibited.  (B) This product is made with (insert liquor, wine, beer and/or cider) and contains alcohol up to five percent by volume.  (C) Notice. This product contains alcohol used as a flavoring and,  as with any product that contains alcohol:  (1)  women  should not consume alcohol during pregnancy because of the risk of birth defects, and  (2) consumption of alcohol impairs your ability  to  drive  a  car  or operate machinery, and may cause health problems.  (iii)  the following advisory, on a sign or poster not less than seven inches by five inches, in a format to be established or approved by  the commissioner,  is  displayed prominently at each location where packages of ice cream or other frozen desserts made with liquor,  wine,  beer  or cider are made available to the public provided that such sign or poster may  refer  to  either  liquor,  wine,  beer  or  cider or a combination thereof:  "THIS AREA CONTAINS (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM                         OR OTHER FROZEN DESSERTS   The sale of (INSERT LIQUOR, WINE, BEER  AND/OR  CIDER)  ICE  CREAM  OR OTHER  FROZEN  DESSERTS to individuals under the age of twenty-one years is prohibited.INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE  CREAM  OR  OTHER  FROZEN DESSERTS contain alcohol up to five percent by volume.   NOTICE:  (INSERT  LIQUOR,  WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN DESSERTS contain alcohol used as a flavoring  and,  as  with  any product that contains alcohol:  (1)  women  should not consume alcohol during pregnancy because of the risk of birth defects, and  (2) consumption of alcohol impairs your ability  to  drive  a  car  or operate machinery, and may cause health problems.   IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE  TO  PRESENT  ANY  WRITTEN  EVIDENCE  OF  AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF  ATTEMPTING TO  PURCHASE (INSERT LIQUOR, WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN DESSERTS."  (b) No manufacturer and/or distributor of ice cream  or  other  frozen desserts made with liquor, wine, beer or cider shall sell such product:  (i) to a person intending to sell at retail individual servings of ice cream  or  other  frozen desserts made with liquor, wine, beer or cider, unless,  with  each  shipment,  such  manufacturer  and/or   distributor provides:  (A)  a  written  notice that individual servings of ice cream or other frozen desserts made with liquor, wine, beer or cider  may  be  sold  at retail only where the retailer complies with all of the requirements set forth in paragraph (a) of this subdivision, and  (B) a written copy of such requirements; and  (ii)  to a person intending to sell at retail packages of ice cream or other frozen  desserts  made  with  liquor,  wine,  beer  or  cider  for consumption   off   the  premises,  unless,  with  each  shipment,  such manufacturer and/or distributor provides:  (A) a written notice that  packages  of  ice  cream  or  other  frozen desserts  made  with  liquor,  wine, beer or cider may be sold at retail only where the retailer complies with all of the requirements set  forth in paragraph (a) of this subdivision, and  (B) a written copy of such requirements.