2023 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.