2016 New York Laws
AGM - Agriculture & Markets
Article 17 - (Agriculture & Markets) ADULTERATION, PACKING, AND BRANDING OF FOOD AND FOOD PRODUCTS
200 - Adulteration of food.

 200. Adulteration  of  food. Food shall be deemed to be adulterated:
  1.  If it bears or contains any poisonous or deleterious substance which
  may render it injurious to health; but in case the substance is  not  an
  added substance such food shall not be considered adulterated under this
  subdivision  if  the  quantity  of  such substance in such food does not
  ordinarily render it injurious to health.
2. If it bears or contains any added poisonous  or  added  deleterious
  substance  other  than  one which is (a) a pesticide chemical in or on a
  raw agricultural  commodity,  (b)  a  food  additive,  or  (c)  a  color
  additive, which is unsafe within the meaning of section two hundred two,
  or  if  it  is  a  raw agricultural commodity and it bears or contains a
  pesticide chemical which is unsafe within the meaning  of  section  four
  hundred  eight-a of the federal food, drug and cosmetic act, as amended,
  or if it is, or it bears or contains, any food additive which is  unsafe
  within  the meaning of section four hundred nine of such federal act, as
  amended; provided, that where a pesticide chemical has been used  in  or
  on  a raw agricultural commodity in conformity with an exemption granted
  or a tolerance prescribed under  section  four  hundred  eight  of  such
  federal  act,  and such raw agricultural commodity has been subjected to
  processing such as canning, cooking, freezing, dehydrating  or  milling,
  the residue of such pesticide chemical remaining in or on such processed
  food  shall  not  be  deemed  unsafe  if  such  residue in or on the raw
  agricultural commodity has been removed to the extent possible  in  good
  manufacturing  practice,  and  the  concentration of such residue in the
  processed food, when ready to eat, is not  greater  than  the  tolerance
  prescribed for the raw agricultural commodity.
3.  If  it  consists  in whole or in part of a diseased, contaminated,
  filthy, putrid or decomposed substance, or if it is otherwise unfit  for
  food.
4.  If it has been produced, prepared, packed or held under insanitary
  conditions whereby it  may  have  become  contaminated  with  filth,  or
  whereby  it may have been rendered diseased, unwholesome or injurious to
  health.
5. If it is the product of a diseased animal or of an animal which has
  died otherwise than by slaughter, or that has been fed upon the uncooked
  offal from a slaughterhouse.
6. If its container is composed in whole or in part of  any  poisonous
  or  deleterious  substance  which  may  render the contents injurious to
  health.
6-a. If it has been intentionally subjected to radiation,  unless  the
  use of the radiation was in conformity with a regulation or exemption in
  effect  pursuant  to  sections  one hundred ninety-nine-a or one hundred
  ninety-nine-b.
7. If any valuable constituent has been in whole or in part omitted or
  abstracted therefrom.
8. If any substance has been substituted wholly or in part therefor.
9. If damage or inferiority has been concealed in any manner.
10. If any substance  has  been  added  thereto  or  mixed  or  packed
  therewith so as to increase its bulk or weight, or reduce its quality or
  strength  or  make  it appear better than it is or of greater value than
  its true value.
10-a. If it is, or it bears or contains, a  color  additive  which  is
  unsafe  within the meaning of section seven hundred six-a of the federal
  food, drug and cosmetic act, as amended.
11. If it falls below the standard  of  purity,  quality  or  strength
  which it purports or is represented to possess.
12.  If  it  is  confectionery and it bears or contains any alcohol or
  non-nutritive article or substance except  harmless  coloring,  harmless

  flavoring,  harmless  resinous glaze not in excess of four-tenths of one
  per centum,  harmless  natural  gum,  and  pectin;  provided  that  this
  subdivision  shall  not  apply  to  any  confectionery  by reason of its
  containing up to one-half of one per centum by volume of alcohol derived
  solely  from  the  use  of  flavoring extracts, or to any chewing gum by
  reason of its containing harmless non-nutritive masticatory  substances;
  and  provided  further  that  this  subdivision  shall  not apply to any
  confectionery bearing or containing more than one-half of one per centum
  but not more than five per centum of alcohol by volume.
13. With respect to the manufacture or sale of  confectionery  bearing
  or  containing  more  than  one-half of one per centum but not more than
  five per centum of alcohol by volume, such confectionery must:
(a) not be sold to individuals under twenty-one years of age;
(b) bear a statement  on  the  label  that  sale  of  the  product  to
  individuals under twenty-one years of age is prohibited;
(c) bear a statement on the label that the product contains alcohol up
  to five percent by volume;
(d)  bear  the  following  statement:  "Notice:  This product contains
  alcohol used as a flavoring and,  as  with  any  product  that  contains
  alcohol:  (i)  women should not consume alcohol during pregnancy because
  of the risk of birth defects, and (ii) consumption  of  alcohol  impairs
  your  ability  to drive a car or operate machinery, and may cause health
  problems; and
(e) be sold, either alone or in conjunction with  other  confectionery
  containing  no alcohol or less than one-half of one per centum by volume
  of alcohol derived  solely  from  the  use  of  flavoring  extracts,  in
  quantities  of  at  least  one-half  pound  or in a package or container
  containing at least twenty-four pieces.
If the confectionery is sold in bulk to be packaged by the retailer at
  the time of sale to a consumer, the statements  required  by  paragraphs
  (b)  and  (c)  of this subdivision shall appear on the box, bag or other
  container in which the confectionery  is  placed  by  the  retailer  and
  furnished to the consumer and the statement required by paragraph (d) of
  this  subdivision shall appear either on the box, bag or other container
  in which the confectionery is placed by the retailer  and  furnished  to
  the  consumer or shall appear on a card enclosed within such box, bag or
  other container. In addition, the  manufacturer  and/or  distributor  of
  such  confectionery in bulk shall provide written notice to the retailer
  with each shipment (i) that the confectionery in the shipment may not be
  sold to individuals under twenty-one years of age;  and  (ii)  that  the
  packaging  in which such confectionery is furnished to the consumer must
  bear  the  statements  required  by  paragraphs  (b)  and  (c)  of  this
  subdivision;  and  (iii) that the statement required by paragraph (d) of
  this  subdivision  must  appear  on  the   packaging   in   which   such
  confectionery  is furnished to the consumer or on a card enclosed within
  such packaging;  and  (iv)  that  the  confectionery  must  be  sold  in
  quantities of at least one-half pound or twenty-four pieces.
14. If it is ice cream or other frozen desserts made with wine bearing
  or containing more than five percent of alcohol by volume.
15.  With  respect  to  the manufacture and sale of ice cream or other
  frozen desserts made with wine bearing or containing more than  one-half
  of one percent, but not more than five percent of alcohol by volume:
(a)  No  person  shall  sell  at retail packages of ice cream or other
  frozen desserts made with wine for consumption off  the  premises  where
  sold unless:
(i)  each package is a sealed package containing at least one pint, as
  received from the manufacturer or distributor;

(ii) each sealed package containing at least  one  pint,  as  received
  from  the  manufacturer or distributor, in a format to be established or
  approved  by  the  commissioner,   prominently   bears   the   following
  statements:
(A)  The  sale  of  this  product  to  individuals  under  the  age of
  twenty-one years is prohibited.
(B) This product is made with wine and contains  alcohol  up  to  five
  percent by volume.
(C)  Notice. This product contains alcohol used as a flavoring and, as
  with any product that contains alcohol:
(1) women should not consume alcohol during pregnancy because  of  the
  risk of birth defects, and
(2)  consumption  of  alcohol  impairs  your ability to drive a car or
  operate machinery, and may cause health problems.
(iii) the following advisory, on a sign or poster not less than  seven
  inches  by five inches, in a format to be established or approved by the
  commissioner, is displayed prominently at each location  where  packages
  of  ice cream or other frozen desserts made with wine are made available
  to the public:
"THIS AREA CONTAINS WINE ICE CREAM OR OTHER FROZEN DESSERTS MADE WITH
                                WINE
The sale of WINE ICE CREAM OR OTHER FROZEN DESSERTS MADE WITH WINE  to
  individuals under the age of twenty-one years is prohibited.
WINE ICE CREAM OR OTHER FROZEN DESSERTS MADE WITH WINE contain alcohol
  up to five percent by volume.
NOTICE: WINE ICE CREAM OR OTHER FROZEN DESSERTS MADE WITH WINE contain
  alcohol  used  as  a  flavoring  and,  as with any product that contains
  alcohol:
(1) women should not consume alcohol during pregnancy because  of  the
  risk of birth defects, and
(2)  consumption  of  alcohol  impairs  your ability to drive a car or
  operate machinery, and may cause health problems.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF
  TWENTY-ONE TO PRESENT ANY  WRITTEN  EVIDENCE  OF  AGE  WHICH  IS  FALSE,
  FRAUDULENT  OR  NOT  ACTUALLY  HIS  OWN FOR THE PURPOSE OF ATTEMPTING TO
  PURCHASE WINE ICE CREAM OR OTHER FROZEN DESSERTS MADE WITH WINE."
(b) No manufacturer and/or distributor of ice cream  or  other  frozen
  desserts made with wine shall sell such product:
(i) to a person intending to sell at retail individual servings of ice
  cream  or  other  frozen  desserts  made  with  wine,  unless, with each
  shipment, such manufacturer and/or distributor provides:
(A) a written notice that individual servings of  wine  ice  cream  or
  other  frozen  desserts  made with wine may be sold at retail only where
  the retailer  complies  with  all  of  the  requirements  set  forth  in
  paragraph (a) of this subdivision, and
(B) a written copy of such requirements; and
(ii)  to  a  person  intending  to sell at retail packages of wine ice
  cream or other frozen desserts made with wine for  consumption  off  the
  premises,   unless,   with   each  shipment,  such  manufacturer  and/or
  distributor provides:
(A) a written notice that packages of wine ice cream or  other  frozen
  desserts  made  with  wine may be sold at retail only where the retailer
  complies with all of the requirements set forth in paragraph (a) of this
  subdivision, and
(B) a written copy of such requirements.