New York Laws
Article 17 - Adulteration, Packing, and Branding of Food and Food Products
202-C - Proceedings to Review, Violations and Remedies.

§ 202-c. Proceedings to review, violations and remedies. The
commissioner may refuse to approve any new food additive or color
additive or combination thereof or new use of a pre-existing food
additive or color additive on the ground that he is not satisfied as to
its safety. The burden of satisfying the commissioner as to the safety
of a food additive or color additive shall be upon the manufacturer or
processor selling or offering or exposing the food additive or color
additive or food product in which a food additive or color additive was
used or is an ingredient. Whenever the commissioner is not satisfied as
to the safety of a food additive or color additive or whenever he makes
any decision (a) prohibiting the use of a food additive or color
additive as unsafe; (b) prescribing the conditions under which it may be
used or establishing a safe, permissible maximum for such food additive
or color additive, his decision with respect thereto may be reviewed in
the manner provided by article seventy-eight of the civil practice law
and rules and his determination shall be final unless within thirty days
from the date of service thereof personally or by registered or
certified mail upon the party affected thereby a court proceeding is
instituted to review such action. Such application shall be made to the
supreme court in the third judicial district.

The commissioner may institute such action at law or in equity as may
appear necessary to enforce compliance with sections one hundred
ninety-nine-a, two hundred and two hundred one of this article, and any
rule or order respecting a food additive or color additive promulgated
pursuant to sections one hundred ninety-nine-b and two hundred
fourteen-b of this article and, in addition to any other remedy under
this chapter or otherwise, may apply for relief by injunction to protect
the public interest without being compelled to allege or prove that an
adequate remedy at law does not exist. In an action instituted by the
commissioner to enforce compliance with said sections one hundred
ninety-nine-a, two hundred and two hundred one the commissioner shall
not be required to prove that the food, food additive or color additive
mentioned in the complaint is unsafe and the claim or defense of the
defendant as to its safety shall be immaterial, provided, however, that
the recognition by the federal food and drug administration of a food
additive or color additive as safe may be alleged as a proper defense.

Structure New York Laws