§ 214-e. Temporary marketing and manufacturing permits. Any person,\nfirm, partnership, corporation or association desiring a temporary\npermit to deviate from an existing dairy or food standard or regulation\nmay file with the commissioner a written application on a form\nprescribed by the commissioner. The application shall include the\nfollowing: (1) name and address of the applicant, (2) a full description\nof the proposed variation from the standard and the basis upon which the\nfood so varying is believed to be wholesome and in the interest of the\nconsumers. This description shall include the names, amounts of all\ningredients and a sample of the label, (3) if the resulting product is\nsimilar to one for which there is now a definition, the applicant shall\nindicate the nature of the deviation and why it will be of benefit to\nconsumers, (4) the applicant shall indicate the time for which the\npermit is desired and how the product will be distributed, (5) the\ncommissioner must also receive a statement of the probable amount of\nsuch food to be distributed, the areas of distribution and the address\nat which such food will be manufactured, (6) the commissioner may\nrequire the applicant to furnish samples of the food varying from the\nstandard and to furnish such additional information as may be deemed\nnecessary for action on the application, and (7) the commissioner may,\nin issuing a temporary permit, specify a limited marketing area for the\nnew food product under study and limit the time of such permit.\n If the commissioner concludes that the variation may be advantageous\nto consumers and will not result in a lowering of health standards or\npromote fraud and deception, a temporary permit may be issued to the\napplicant. The terms and conditions of such permit shall be binding on\nthe applicant. The period that the permit shall be in effect shall be at\nthe discretion of the commissioner but shall not exceed one year.\n The commissioner may after public hearing, revoke the permit for\ncause, which shall include but not be limited to the following: (1)\nviolation by the permittee of the terms and conditions of the permit,\n(2) the application for permit contains an untrue statement of fact, or\n(3) the need therefore no longer exists.\n
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