216-d. Consumer product protection. 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.
Last modified: February 3, 2019