§ 160-V — Dumping of certain agricultural products; prohibited

§ 160-v. Dumping of certain agricultural products; prohibited. 1. No\nperson, firm, partnership, corporation or association that sells, offers\nfor sale or distributes any food product shall dump, or otherwise\ndiscard in a manner reasonably and causally connected to the\ncontamination of food, any cull or waste pile consisting of any\nagricultural product not produced in this state, including, but not\nlimited to, vegetables, fruits and other like produce falling below the\nofficial standard or grade of quality for such product. After\nconsultation with the New York state college of agriculture and life\nsciences at Cornell university, the commissioner shall identify\nestablishments and practices most susceptible to threats from out of\nstate products, and promulgate rules and regulations for the proper\ndisposal of any such cull or waste pile in such cases, provided that\nsuch regulations include options for landfill disposal, composting and\ndeep burial.\n 2. Any person, firm, partnership, corporation or association who\nknowingly violates the provisions of this section shall be guilty of a\nviolation, punishable by a fine of five hundred dollars for the first\noffense and one thousand dollars for a second and each subsequent\noffense. If site clean-up or decontamination is deemed necessary by the\ncommissioner as a result of a violation of this section, the offender\nshall also be subject to a fine equal to the sum of any and all expenses\nincurred in the clean-up or decontamination of such dumping site and the\ncosts reasonably related to recalling any contaminated food distributed\nin the marketplace.\n