Agriculture_Markets
Andrew M. Cuomo, Governor | Richard A. Ball, Commissioner
 
 

New York State Consolidated Laws

Agriculture & Markets

 ARTICLE 4-C
 
FOREIGN DAIRY PRODUCTS
 
Section 71-u. Definitions.
 71-v. Labeling requirements.
 71-w. Prohibitions.
 71-x. Violations.
 
  71-u. Definitions. As used in this article:
 1. The term "commissioner" means the commissioner of agriculture and
 markets of the state of New York.
 2. The term "dairy product" means all milk and milk products defined
 by the definitions and standards of identity promulgated pursuant to
 section forty-six-a of this chapter and such other food products derived
 from milk as the commissioner shall designate by regulation.
 3. The term "foreign dairy product" means any dairy product produced,
 processed or manufactured outside the United States.
 4. The term "packaged foreign dairy product" means a foreign dairy
 product which is enclosed in a container or wrapper (including a
 shipping container or wrapping used for the transportation of such
 product in bulk or quantity to manufacturers, packers, processors, or to
 wholesale or retail distributors) or which although not so enclosed has
 written, printed, or graphic matter pertaining to such foreign dairy
 product affixed or attached.
 
  71-v. Labeling requirements. 1. The commissioner shall, by
 regulation, require that packaged foreign dairy products be labeled in
 such a manner that, at each stage of distribution within this state,
 such packaged foreign dairy product will be readily identifiable as
 being imported. The commissioner may, to the extent he deems
 appropriate, establish different labeling requirements for packaged
 foreign dairy products:
 a. of different types or classes;
 b. with different types of packaging;
 c. in different stages of distribution; and
 d. intended for delivery to different types or classes of users.
 2. If the commissioner determines that, at any stage of distribution:
 a. the nature of the container or wrapping of a packaged foreign dairy
 product makes labeling impractical or inappropriate; and
 b. such packaged foreign dairy product will, by means other than
 labeling, be identifiable by any person, other than a common carrier, to
 whom such packaged foreign dairy product is displayed or delivered as
 being imported;
 he may exempt such packaged foreign dairy product, at such stage of
 distribution, from the labeling requirements established pursuant to
 subdivision one.
 
  71-w. Prohibitions. No person shall distribute, or cause to be
 distributed commercially any packaged foreign dairy product which he
 knows or has reason to know is a foreign dairy product, unless such
 product is labeled in accordance with the regulations promulgated
 pursuant to section seventy-one-m.
 
  71-x. Violations. 1. The commissioner may institute such action at
 law or in equity as may appear necessary to enforce compliance with any
 provisions of this article and any rules and regulations promulgated by
 the commissioner to carry out the provisions of this article and in
 addition may apply for relief by injunction if necessary to protect the
 public interest without being compelled to allege or prove that an
 adequate remedy at law does not exist. Such application may be made to
 the supreme court in any district or county as provided in the civil
 practice law and rules, or to the supreme court in the third judicial
 district.
 2. Whenever the commissioner or his duly authorized representative
 shall find distributed, offered or exposed for sale within this state,
 any dairy product produced, processed or manufactured outside the United
 States which he has probable cause to believe is not labeled in
 accordance with this article or the rules and regulations promulgated
 pursuant thereto, or which is otherwise misbranded or adulterated, he
 may seize or quarantine such product. Following such seizure or
 quarantine the commissioner shall hold a hearing in accordance with the
 provisions of section two hundred two-b of this chapter. The
 determination of the commissioner following such hearing shall be
 subject to judicial review in the manner and within the time limits set
 forth therein.