§ 199-E — Prohibition as to sale of irradiated foods

* § 199-e. Prohibition as to sale of irradiated foods. 1. Definitions.\nAs used in this section, the following definitions shall apply:\n (a) "Food" means fruits, vegetables, meats, poultry, eggs, dairy\nproducts and other natural and processed products offered for sale for\nhuman or animal consumption.\n (b) "Irradiated food" means any food treated with ionizing radiation\nfrom radioactive sources, X-rays, or electron beams and includes any\nfood which contains an ingredient that has been irradiated; provided,\nhowever, that if the irradiated ingredients of any food consist solely\nof spices which have been so treated, such food shall not be deemed an\nirradiated food on account of such irradiated spices.\n 2. Sale of irradiated food prohibited; exception. It shall be unlawful\nfor any merchant, broker or processor to knowingly sell, offer for sale\nor expose for sale an irradiated food except as otherwise provided in\nthis subdivision, whether or not such food is deemed to be adulterated\nunder the provisions of subdivision six-a of section two hundred of this\narticle. It shall not be unlawful under this subdivision for any\nmerchant, broker or processor to knowingly sell, offer for sale or\nexpose for sale an irradiated food to a general hospital for use as part\nof a medical regimen in the care or treatment of persons with immune\nsystem deficiency or other disease, provided the irradiated food is\npackaged with or accompanied by a warning label that it is intended for\nhospital use only by such persons.\n 3. Penalties. (a) Any person violating any provision of this article\nshall be subject to a penalty in the sum of not less than two hundred\ndollars and not more than ten thousand dollars; provided, however, that\nfor a violation by a retail merchant the penalty shall be not less than\nfifty dollars and shall not exceed five hundred dollars.\n (b) For the purposes of this section, each day on which an irradiated\nfood is unlawfully offered or exposed for sale or exchange shall\nconstitute a separate violation.\n (c) For the purposes of this section, the unlawful offer for sale or\nexchange of a group of identical consumer commodities shall constitute\nbut a single violation, and the unlawful offer for sale or exchange of\ndifferent groups of identical consumer commodities shall constitute a\nseparate violation for each group.\n 4. Applicability. The provisions of this section shall not apply to\nirradiated foods purchased prior to the effective date of this section.\n 5. Effectiveness. The provisions of this section shall be of no force\nor effect on and after September first, nineteen hundred ninety-five.\n * NB Expired September 1, 1995\n