§ 199-A — Prohibition as to adulterated or misbranded food

§ 199-a. Prohibition as to adulterated or misbranded food. 1. No\nperson or persons, firm, association or corporation shall within this\nstate manufacture, compound, brew, distill, produce, process, pack,\ntransport, possess, sell, offer or expose for sale, or serve in any\nhotel, restaurant, eating house or other place of public entertainment\nany article of food which is adulterated or misbranded within the\nmeaning of this article.\n 2. It shall be unlawful for any person, firm, association or\ncorporation to sell or offer or expose for sale for use in or on food or\nto use in the manufacturing, compounding, brewing, distilling, producing\nor processing of any food or food product any new food additive or\ncombination thereof or any color additive which is not in use at the\ntime this section as hereby amended takes effect, or to make any new use\nof a food additive or color additive therein or thereon unless and until\nhe shall have reported the same to the commissioner upon a form\nprescribed by the commissioner and shall have submitted test data to the\ncommissioner and shall have satisfied the commissioner as to the safety\nof such new food additive or color additive or of such new use of such\nfood additive or color additive under the conditions of its intended\nuse.\n 3. It shall be unlawful for any person, firm, association or\ncorporation to manufacture, compound, brew, distill, produce, process,\nsell, offer or expose for sale any food additive or color additive or\nany food or food product containing a food additive or color additive\nwhich is in use at the time this section as hereby amended takes effect,\nor in which in the manufacturing, compounding, brewing, distilling,\nproducing or processing of such a food additive or color additive was\nused, unless the manufacturer of such a food additive or color additive\nor of such food or food product shall have reported to the commissioner\nupon a form prescribed by him the identity of each such food additive or\ncolor additive and the proportions thereof by weight in the finished\nfood product manufactured, offered or exposed for sale. The commissioner\nmay, from time to time, through rules and regulations, exempt certain\nfood additives and color additives from the requirements of this\nsubdivision and remove from such exemption lists such food additives and\ncolor additives as upon further information may appear to be unsafe.\n 4. All data submitted to the commissioner in support of the report\nunder this section shall be considered confidential by the commissioner\nand shall not be revealed to any person other than to a person\nauthorized by the commissioner in the performance of his official duties\nunder this article. In case of an actual controversy as to the validity\nof an order or decision of the commissioner respecting the test data or\nreport in which a proceeding to review has been instituted as authorized\nby section two hundred two-c of this article the petition, data and\nreport shall be transmitted by the commissioner to the clerk of the\ncourt in which the review proceeding is instituted, together with a\nrecord of the proceedings on which the commissioner based his order or\ndecision, and such transmittal shall not be construed to be a violation\nof confidence. Subdivisions two and three of this section shall not\napply to food additives or color additives which are safe within the\nmeaning of the federal food, drug and cosmetic act as amended.\n