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A5151Assembly2019-2020 Session

Make Milk Tampering a Felony

Official title

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

Sponsor David DiPietroAD-147+8 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 a new crime of unlawfully tampering with raw milk supply, making it a class D felony in New York.

Why it matters

  1. Creates significant legal and financial consequences for tampering with raw milk. , including not only criminal felony charges but also mandatory compensation to the owner for the fair market value of any impaired or adulterated milk.

  2. Targets intentional acts of tampering or adulteration. , requiring proof that the person acted with intent and without any right or reasonable belief in having such a right—potentially making it easier to prosecute deliberate acts that threaten public health or food safety.

  3. Seeks to protect milk producers from liability. if someone else tampers with their milk supply, shifting responsibility for damages and legal consequences to the perpetrator and potentially reducing insurance and liability risks for dairy farmers.

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Who cares

Headline styles

Make Milk Tampering a Felony

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

5151

2019-2020 Regular Sessions

IN ASSEMBLY

February 7, 2019

Introduced by M. of A. DiPIETRO, HAWLEY, CROUCH, KOLB, FRIEND -- 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.

LBD07651-01-9

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.