2012 New York Consolidated Laws
AGM - Agriculture & Markets
Article 17 - (198 - 214-N) ADULTERATION, PACKING, AND BRANDING OF FOOD AND FOOD PRODUCTS
199-E - Prohibition as to sale of irradiated foods.

 
    * § 199-e. Prohibition as to sale of irradiated foods. 1. Definitions.
  As used in this section, the following definitions shall apply:
    (a)  "Food"  means  fruits,  vegetables,  meats,  poultry, eggs, dairy
  products and other natural and processed products offered for  sale  for
  human or animal consumption.
    (b)  "Irradiated  food" means any food treated with ionizing radiation
  from radioactive sources, X-rays, or electron  beams  and  includes  any
  food  which  contains  an ingredient that has been irradiated; provided,
  however, that if the irradiated ingredients of any food  consist  solely
  of  spices  which have been so treated, such food shall not be deemed an
  irradiated food on account of such irradiated spices.
    2. Sale of irradiated food prohibited; exception. It shall be unlawful
  for any merchant, broker or processor to knowingly sell, offer for  sale
  or  expose  for  sale an irradiated food except as otherwise provided in
  this subdivision, whether or not such food is deemed to  be  adulterated
  under the provisions of subdivision six-a of section two hundred of this
  article.  It  shall  not  be  unlawful  under  this  subdivision for any
  merchant, broker or processor to  knowingly  sell,  offer  for  sale  or
  expose for sale an irradiated food to a general hospital for use as part
  of  a  medical  regimen  in the care or treatment of persons with immune
  system deficiency or other disease,  provided  the  irradiated  food  is
  packaged  with or accompanied by a warning label that it is intended for
  hospital use only by such persons.
    3. Penalties. (a) Any person violating any provision of  this  article
  shall  be  subject  to a penalty in the sum of not less than two hundred
  dollars and not more than ten thousand dollars; provided, however,  that
  for  a violation by a retail merchant the penalty shall be not less than
  fifty dollars and shall not exceed five hundred dollars.
    (b) For the purposes of this section, each day on which an  irradiated
  food  is  unlawfully  offered  or  exposed  for  sale  or exchange shall
  constitute a separate violation.
    (c) For the purposes of this section, the unlawful offer for  sale  or
  exchange  of  a group of identical consumer commodities shall constitute
  but a single violation, and the unlawful offer for sale or  exchange  of
  different  groups  of  identical consumer commodities shall constitute a
  separate violation for each group.
    4. Applicability. The provisions of this section shall  not  apply  to
  irradiated foods purchased prior to the effective date of this section.
    5.  Effectiveness. The provisions of this section shall be of no force
  or effect on and after September first, nineteen hundred ninety-five.
    * NB Expired September 1, 1995