§ 202-C — Proceedings to review, violations and remedies

§ 202-c. Proceedings to review, violations and remedies. The\ncommissioner may refuse to approve any new food additive or color\nadditive or combination thereof or new use of a pre-existing food\nadditive or color additive on the ground that he is not satisfied as to\nits safety. The burden of satisfying the commissioner as to the safety\nof a food additive or color additive shall be upon the manufacturer or\nprocessor selling or offering or exposing the food additive or color\nadditive or food product in which a food additive or color additive was\nused or is an ingredient. Whenever the commissioner is not satisfied as\nto the safety of a food additive or color additive or whenever he makes\nany decision (a) prohibiting the use of a food additive or color\nadditive as unsafe; (b) prescribing the conditions under which it may be\nused or establishing a safe, permissible maximum for such food additive\nor color additive, his decision with respect thereto may be reviewed in\nthe manner provided by article seventy-eight of the civil practice law\nand rules and his determination shall be final unless within thirty days\nfrom the date of service thereof personally or by registered or\ncertified mail upon the party affected thereby a court proceeding is\ninstituted to review such action. Such application shall be made to the\nsupreme court in the third judicial district.\n The commissioner may institute such action at law or in equity as may\nappear necessary to enforce compliance with sections one hundred\nninety-nine-a, two hundred and two hundred one of this article, and any\nrule or order respecting a food additive or color additive promulgated\npursuant to sections one hundred ninety-nine-b and two hundred\nfourteen-b of this article and, in addition to any other remedy under\nthis chapter or otherwise, may apply for relief by injunction to protect\nthe public interest without being compelled to allege or prove that an\nadequate remedy at law does not exist. In an action instituted by the\ncommissioner to enforce compliance with said sections one hundred\nninety-nine-a, two hundred and two hundred one the commissioner shall\nnot be required to prove that the food, food additive or color additive\nmentioned in the complaint is unsafe and the claim or defense of the\ndefendant as to its safety shall be immaterial, provided, however, that\nthe recognition by the federal food and drug administration of a food\nadditive or color additive as safe may be alleged as a proper defense.\n