Section 199-A. Prohibition as to adulterated or misbranded food

1.   No
  person or persons, firm, association or corporation  shall  within  this
  state  manufacture,  compound,  brew,  distill,  produce, process, pack,
  transport, possess, sell, offer or expose for  sale,  or  serve  in  any
  hotel,  restaurant,  eating house or other place of public entertainment
  any article of food  which  is  adulterated  or  misbranded  within  the
  meaning of this article.
    2.  It  shall  be  unlawful  for  any  person,  firm,  association  or
  corporation to sell or offer or expose for sale for use in or on food or
  to use in the manufacturing, compounding, brewing, distilling, producing
  or processing of any food or food  product  any  new  food  additive  or
  combination  thereof  or  any  color additive which is not in use at the
  time this section as hereby amended takes effect, or to make any new use
  of a food additive or color additive therein or thereon unless and until
  he shall have  reported  the  same  to  the  commissioner  upon  a  form
  prescribed by the commissioner and shall have submitted test data to the
  commissioner  and shall have satisfied the commissioner as to the safety
  of such new food additive or color additive or of such new use  of  such
  food  additive  or  color  additive under the conditions of its intended
  use.
    3.  It  shall  be  unlawful  for  any  person,  firm,  association  or
  corporation  to  manufacture, compound, brew, distill, produce, process,
  sell, offer or expose for sale any food additive or  color  additive  or
  any  food  or  food product containing a food additive or color additive
  which is in use at the time this section as hereby amended takes effect,
  or in which in  the  manufacturing,  compounding,  brewing,  distilling,
  producing  or  processing  of such a food additive or color additive was
  used, unless the manufacturer of such a food additive or color  additive
  or  of such food or food product shall have reported to the commissioner
  upon a form prescribed by him the identity of each such food additive or
  color additive and the proportions thereof by  weight  in  the  finished
  food product manufactured, offered or exposed for sale. The commissioner
  may,  from  time  to time, through rules and regulations, exempt certain
  food additives  and  color  additives  from  the  requirements  of  this
  subdivision and remove from such exemption lists such food additives and
  color additives as upon further information may appear to be unsafe.
    4.  All  data  submitted  to the commissioner in support of the report
  under this section shall be considered confidential by the  commissioner
  and  shall  not  be  revealed  to  any  person  other  than  to a person
  authorized by the commissioner in the performance of his official duties
  under this article. In case of an actual controversy as to the  validity
  of  an order or decision of the commissioner respecting the test data or
  report in which a proceeding to review has been instituted as authorized
  by section two hundred two-c of this  article  the  petition,  data  and
  report  shall  be  transmitted  by  the commissioner to the clerk of the
  court in which the review proceeding  is  instituted,  together  with  a
  record  of  the proceedings on which the commissioner based his order or
  decision, and such transmittal shall not be construed to be a  violation
  of  confidence.    Subdivisions  two and three of this section shall not
  apply to food additives or color additives which  are  safe  within  the
  meaning of the federal food, drug and cosmetic act as amended.