9 NYCRR Part 487 - Executive Department

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Source version current through Aug 15, 2022

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9 NYCRR 487.1 - Purpose

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

The purpose of the consumer product protection rules is to ensure that thorough and uniform procedures are used by all agencies in the investigation of consumer product tampering complaints.

9 NYCRR 487.2 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

(a)Consumer product is defined in the New York State Penal Law, section 145.35, as “any drug, food, beverage or thing which is displayed or offered for sale to the public, for administration into or ingestion by a human being or for application to any external surface of a human being.”

(b)Tampering with a consumer product is defined in the New York State Penal Law, sections 145.40 and 145.45.

(c)Agency includes any State or local law enforcement or regulatory agency which in the course of such agency's lawful operation becomes involved in a consumer product tampering incident.

(d)Consumer product tampering data base (CPTDB) is defined as the computerized data base located at the New York State Police Division Headquarters Crime Analysis Unit and operated by the Division of State Police for information management and retrieval of matters involving consumer product tampering.

(e)Consumer product tampering telephone line is defined as the dedicated, unlisted “800” telephone number used exclusively by agencies authorized to investigate consumer product tampering. This line shall not be open to the general public. It shall remain available 24 hours a day, 365 days a year.

(f)The

New York Statewide Police Information Network (NYSPIN) is the computerized system administered by the Division of State Police as authorized by the New York Executive Law, sections 217, 218, 219 and 220.

NYSPIN includes the equipment, facilities, procedures, agreements and organizations thereof for the collection, processing, preservation or dissemination of criminal justice information.

(g)The

New York State Police Scientific Crime Detection Laboratory shall be defined as the Division Headquarters Crime Laboratory, Building 22, State Campus, Albany, NY 12226; Mid-Hudson Regional Crime Laboratory, Stewart Airport, Box 6065, Newburgh, NY 12550; Southern Tier Regional Crime Laboratory, Park Street, P.O. Box 213, Port Crane, NY 13833; and Western Regional Crime Laboratory, 722 Homer Street, Olean, NY 14760.

(h)New York State Police troop headquarters.

When used in this section, New York State Police troop headquarters or detail headquarters shall mean the appropriate division installation listed below which services the geographic area in which the consumer product tampering incident took place: Troop A 4525 West Saile Drive Batavia, NY 14020-1095 Telephone: (761) 343-2200 Troop B Route 86, Box 100 Ray Brook, NY 12977-0100 Telephone: (518) 897-2000 Troop C Route 7, Box 300 Sidney, NY 13838-0300 Telephone: (607) 563-9011 Troop D Route 5, Genesee Street

P.O. Box 30

Oneida, NY 13421-0030 Telephone: (315) 363-4400 Troop E 1569 Rochester Road, Route 322

P.O. Box 25220

Canandaigua, NY 14425-0220 Telephone: (716) 398-3200 Troop F Crystal Run Road Middletown, NY 10940-9755 Telephone: (914) 344-5300 Troop G 504 Loudon Road Loudonville, NY 12211-1454 Telephone: (518) 783-3211 Troop K Box 3000 Poughkeepsie, NY 12603-0030 Telephone: (914) 677-6321 Troop L Route 109 & 110 Republic Airport East Farmingdale, NY 11735-1597 Telephone: (516) 756-1170 Troop T

P.O. Box 189

Albany, NY 12201-0189 Telephone: (518) 436-2825 SP Manhattan Suite 5802 Two World Trade Center New York, NY 10047-0001 Telephone: (212) 912-4300

9 NYCRR 487.3 - Uniform investigative procedures

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

(a)Written guidelines on conducting investigations into consumer product tampering incidents have been made available to appropriate agencies by the Crime Analysis Unit of the Division of State Police. Additional copies of such guidelines shall be made available to appropriate agencies upon written request to the Crime Analysis Unit, Division of State Police, Building 22, State Campus, Albany, NY 12226. However, as consumer product tampering incidents occur, specific recommendations and investigative assistance or support regarding such incidents may be obtained directly from local troop headquarters or the Crime Analysis Unit at division headquarters upon request.

(b)The general purpose of these written guidelines is to ensure that thorough and uniform procedures are used by all agencies in the investigation of consumer product tampering complaints. Specifically, the objectives of the investigation are to determine:

(1)if a consumer product tampering has occurred;

(2)the seriousness of the problem;

(3)the quantity of the affected product;

(4)the nature and source of the consumer product tampering;

(5)appropriate methods to remove potentially hazardous consumer products from the marketplace; and

(6)the identity of the person or persons responsible, and taking appropriate action.

(c)The New York State Police may, upon request, act as the coordinating agency in the investigation of consumer product tampering complaints. For information on State and Federal agencies which may play a role in consumer product tampering investigations and their general areas of responsibility, appropriate agencies are encouraged to contact the local troop headquarters or the Crime Analysis Unit of the Division of State Police.

9 NYCRR 487.4 - Consumer product tampering data base (CPTDB)

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

(a)Notification of all consumer product tampering cases made to appropriate agencies in New York State shall be reported to the CPTDB within five hours of their receipt of such information.

(b)Official notification as described in subdivision (a) of this section shall be made via the consumer product tampering telephone line, or by NYSPIN.

9 NYCRR 487.5 - New York State Police Scientific Crime Detection Laboratory

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

The New York State Police Scientific Crime Detection Laboratory, upon request of the investigative agency, shall be authorized to analyze evidence and provide other support consistent with its laboratory functions to fully investigate consumer product tampering incidents. The procedures for such assistance shall be established by the director of the State Police laboratories and approved by the Superintendent of State Police. Such procedures shall be provided by the Crime Analysis Unit of the Division of State Police to appropriate agencies upon request.

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