2010 New York Code
ENV - Environmental Conservation
Article 33 - PESTICIDES
Title 15 - (33-1501 - 33-1503) SEIZURE
33-1503 - Procedure following seizure.

§ 33-1503. Procedure following seizure.
    1.  Whenever the commissioner finds, or has probable cause to believe,
  that any pesticide is adulterated or misbranded or  improperly  labeled,
  or  is  not  colored  within  the  meaning  of  this  article, or is not
  registered as required under this article, or for which a permit has not
  been issued for its sale, offer for sale, purchase, possession or use as
  required by this article, he may affix to such pesticide a tag or  other
  appropriate marking giving notice that such pesticide is or is suspected
  of  being  adulterated  or  misbranded,  or  improperly  labeled, or not
  colored, or not registered as required under this article, or for  which
  a  permit  has  not  been issued for its sale, offer for sale, purchase,
  possession or use as required by this article, and has been quarantined,
  and warning all persons not to remove or dispose of such  pesticide,  by
  sale  or otherwise, until permission for removal or disposal is given by
  the commissioner or his duly authorized representative.
    2.  Before  destruction  of  any  pesticide   following   seizure   or
  quarantine,  the  commissioner  shall  give  the  owner,  proprietor  or
  custodian of such pesticide ten days' notice in writing,  to  be  served
  either personally or by mail, of a hearing for the owner, proprietor, or
  custodian,  to  show cause why such pesticide should not be destroyed or
  otherwise disposed of in accordance with the provisions of law.
    3. Following such hearing, the commissioner shall render a decision in
  writing and filed with the department,  and  a  copy  thereof  shall  be
  served  either  personally  or  by  mail  on  the  owner, proprietor, or
  custodian of such pesticide, but formal findings of fact  shall  not  be
  required  to  be  made or filed. The decision shall be subject to review
  under article 78 of the Civil Practice Law and Rules  instituted  within
  thirty  days after receipt by the owner, proprietor or custodian of such
  pesticide of a copy of the commissioner's decision.
    4. Whenever any pesticide is seized or quarantined as provided in this
  section, the destruction and  disposition  thereof,  together  with  any
  necessary  storage,  handling  or  other incidentals between the time of
  seizure or quarantine and the destruction and disposition thereof, shall
  be the responsibility, both financially and  otherwise,  of  the  owner,
  proprietor  or custodian of such pesticide; provided, however, that such
  destruction  and  disposition  shall  be  carried  out  only  under  the
  direction  and  immediate  supervision  of  the commissioner or his duly
  authorized representative.