Section 216-D. Consumer product protection  


Latest version.
  • 1.  The  superintendent,  in
      consultation with the commissioner of the division of  criminal  justice
      services,  shall  establish  a  program  to  investigate  actual  and/or
      suspected cases of consumer product tampering, as  defined  in  sections
      145.35,  145.40  and  145.45 of the penal law, within this state and may
      assign such employees, as deemed necessary for the proper  operation  of
      such program.
        2. Such program shall provide that the state police may, upon request,
      act  as the coordinating agency responding to cases of suspected product
      tampering. The superintendent in conjunction with  the  commissioner  of
      the  division  of  criminal  justice  services,  shall,  by  regulation,
      establish uniform procedures that may be used by other agencies involved
      in such cases.
        3. The superintendent, in conjunction with  the  commissioner  of  the
      division  of  criminal justice services, and with the cooperation of the
      department of health, the department of  agriculture  and  markets,  and
      other  pertinent  agencies,  shall  promulgate such additional rules and
      regulations which in his/her discretion are necessary for the  efficient
      operation  of  this section. These regulations should include but not be
      limited to the following:
        a. the establishment of uniform procedures to be used whenever  a  law
      enforcement  or  regulatory agency or other agency becomes involved in a
      consumer product tampering incident. Such regulations shall require that
      the state police provide  direct  investigative  assistance  or  support
      services to any law enforcement or regulatory agency upon request;
        b.  the  establishment of a computerized central data base, located at
      division headquarters, which will function as an information  management
      and  retrieval  system for matters involving consumer product tampering.
      Notification of  all  consumer  product  tampering  cases  made  to  law
      enforcement,  regulatory agencies or other agencies shall be reported to
      the central data base within five hours of such notification;
        c. authorization, upon request, to use the scientific crime  detection
      laboratory  to analyze evidence in connection with state police cases or
      cases that originate with other law enforcement, regulatory agencies  or
      other agencies; and
        d.  establishment  of  a  twenty-four  hour consumer product tampering
      phone line, to be set  up  at  Headquarters'  communication  section  in
      Albany.
        4.  The  superintendent,  in cooperation with the division of criminal
      justice services, shall make recommendations  to  the  municipal  police
      training  council for the establishment of a formalized consumer product
      tampering training program for all law enforcement personnel.