ยง 160-v. Dumping of certain agricultural products; prohibited. 1. No
person, firm, partnership, corporation or association that sells, offers
for sale or distributes any food product shall dump, or otherwise
discard in a manner reasonably and causally connected to the
contamination of food, any cull or waste pile consisting of any
agricultural product not produced in this state, including, but not
limited to, vegetables, fruits and other like produce falling below the
official standard or grade of quality for such product. After
consultation with the New York state college of agriculture and life
sciences at Cornell university, the commissioner shall identify
establishments and practices most susceptible to threats from out of
state products, and promulgate rules and regulations for the proper
disposal of any such cull or waste pile in such cases, provided that
such regulations include options for landfill disposal, composting and
deep burial.
2. Any person, firm, partnership, corporation or association who
knowingly violates the provisions of this section shall be guilty of a
violation, punishable by a fine of five hundred dollars for the first
offense and one thousand dollars for a second and each subsequent
offense. If site clean-up or decontamination is deemed necessary by the
commissioner as a result of a violation of this section, the offender
shall also be subject to a fine equal to the sum of any and all expenses
incurred in the clean-up or decontamination of such dumping site and the
costs reasonably related to recalling any contaminated food distributed
in the marketplace.