§ 199-B — Powers and duties of commissioner respecting food additives and color additives

§ 199-b. Powers and duties of commissioner respecting food additives\nand color additives. 1. The commissioner shall maintain currently an\nexemption list which shall contain the food additives and color\nadditives which in his judgment are safe for human consumption and need\nnot be reported. All other food additives and color additives shall be\nreported by the food manufacturer or processor selling or offering or\nexposing for sale any food in which a food additive or color additive\nhas been used or is an ingredient and the commissioner shall grant a\ngrace period of two years from the effective date of this act within\nwhich such manufacturer or processor shall submit test data which shall\nsatisfy the commissioner as to the safety of such food additive or color\nadditive when used in food or food processing. Upon failure of the\nmanufacturer or processor to supply the commissioner with such\nsatisfactory test data within said two year period, the sale or use of\nsuch food additive or color additive by such manufacturer or processor\nshall be unlawful.\n 2. The commissioner shall determine upon a fair evaluation of the\nentire record whether a food additive or color additive may be safely\nused, the conditions under which it may be used, and a safe, permissible\nmaximum therefor. As to such matters, the determination shall be made\nupon written recommendation with the reasons therefor, and which shall\nconstitute the commissioner's decision upon which a formal order shall\nbe made by him. Whenever the commissioner is not satisfied upon a fair\nevaluation of the entire record as to the safety of a food additive or\ncolor additive, he shall make a determination which shall show the facts\nfound and the reasons for it and on this decision he shall make his\nformal order. On or before the thirtieth day after the date on which a\nformal order under this subsection is served either in person or by\nregistered or certified mail upon the person affected thereby, any\nperson who will be adversely affected by such order if placed in effect\nmay file objections thereto with the commissioner specifying with\nparticularity the provisions of the order deemed objectionable, stating\nthe grounds therefor, and requesting a public hearing upon such\nobjections. The filing of such objections shall operate to stay the\neffectiveness of those provisions of the order to which the objections\nare made. As soon as practicable after objections are filed by any\nperson who will be adversely affected by such order the commissioner,\nafter due notice, shall hold a public hearing for the purpose of\nreceiving evidence relevant and material to the issue raised by such\nobjections. At the hearing any interested person may be heard in person\nor by attorney, and upon the completion of the hearing the commissioner\nshall make a final order which shall be based upon a fair evaluation of\nthe entire record taken at such hearing and shall set forth as part of\nthe order the findings of fact on which the order is based. Any order of\nthe commissioner under this section shall be final unless within thirty\ndays from the date of service thereof upon the party affected thereby a\ncourt proceeding is instituted to review it.\n 3. The commissioner is hereby authorized to adopt regulations relating\nto the reporting of food additives and color additives, the use thereof\nin food and food products, the fixing of definitions and standards of\nidentity and of quality for foods and of safe permissible maximums for\nfood additives and color additives in the manufacturing, compounding or\nprocessing of foods, requirements for the submission of test data on the\nsafety of food additives and color additives or in new uses therefor,\npublic hearings, official orders and all such matters as shall\nsupplement and give full force and effect to the provisions of this\nchapter relating to the use of food additives and color additives in\nfood and food products.\n 4. In making or changing any determination under this article as to\nwhether any food additive or color additive may be safely used, the\ncommissioner of agriculture and markets shall obtain the prior written\napproval of the department of health which approval shall not be\nwithheld if the food additive or color additive is safe under the\nconditions of its intended use. The commissioner of agriculture and\nmarkets shall make available to the department of health all test data\nand other information furnished him in accordance with sections one\nhundred ninety-nine-a and one hundred ninety-nine-b of this article.\n