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A5356Assembly2017-2018 Session

Ban Milk Supply Tampering

Official title

“Establishes the crime of unlawful tampering of the milk supply in the first degree”

Sponsor David DiPietroAD-147+4 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill creates the crime of unlawful tampering with raw milk supplies, making it a class D felony with civil liability.

Why it matters

  1. Protects public health and safety. by specifically targeting intentional contamination or adulteration of raw milk, which can pose significant risks to consumers due to unpasteurized milk’s vulnerability to harmful bacteria and substances.

  2. Deters sabotage and economic harm. to dairy farmers by establishing both criminal (class D felony) and civil penalties, making it riskier for individuals to intentionally damage or tamper with raw milk supplies.

  3. Shifts liability away from victims. (milk supply owners) by holding perpetrators financially responsible for the fair market value of contaminated milk, and expressly relieving owners from liability if their supply is tampered with by someone else.

  4. Addresses a legal gap. by creating a specific offense for raw milk tampering, which could help law enforcement and prosecutors more effectively charge and penalize those who threaten the integrity of local and regional dairy industries.

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Who cares

Headline styles

Ban Milk Supply Tampering

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David DiPietro

Assembly Member · Assembly District 147

1 Multi-sponsor

History

  1. Referred to codes
  2. Held for consideration in codes
  3. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5356

2017-2018 Regular Sessions

IN ASSEMBLY

February 8, 2017

Introduced by M. of A. DiPIETRO, HAWLEY, CROUCH, KOLB, FRIEND -- Multi- Sponsored by -- M. of A. OAKS -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crime of unlawful tampering of the milk supply in the first degree

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The penal law is amended by adding a new section 145.28 to read as follows: § 145.28 Unlawful tampering of the milk supply in the first degree.

1. A person is guilty of unlawful tampering of the milk supply in the first degree when, with intent to cause a substantial impairment or adulteration of raw milk, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she damages or tampers with such raw milk supply, and thereby causes substantial impairment or adulteration of such raw milk.

2. A person who unlawfully tampers with a milk supply shall be liable to the owner of such milk supply for the fair market value of the impaired or adulterated milk supply at the time of the impairment or adulteration. The owner of such milk supply shall, to the extent permitted by law, be relieved and held harmless from any and all liability imposed under this section.

Unlawful tampering of the milk supply in the first degree is a class D felony.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05876-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.