2006 New York Code - General Powers And Duties Of Department.

 
    § 16. General  powers and duties of department. The department through
  the commissioner shall have power to:
    1. Execute and carry into effect the laws of the state and  the  rules
  of  the  department, relative to agriculture, horticulture, farm, fruit,
  and  dairy  products,  aquaculture,  and  the  production,   processing,
  transportation, storage, marketing and distributing of food; enforce and
  carry  into  effect  the provisions of the laws of the state relative to
  weights and measures.
    2. Aid in the promotion and development of the agricultural  resources
  of  the  state  and the improvement of the conditions of rural life; the
  improvement of the fertility and productiveness of farm  lands  and  the
  restoration   to   fertility   and   productiveness  of  unoccupied  and
  unproductive land; the settlement of farms and the supply of farm labor;
  the  stocking  of  farms  with  meat-producing  and  dairy  animals  and
  promoting   the  production  of  cereals,  fruits  and  vegetables,  and
  co-operate with county farm bureaus, and with agricultural, dairying and
  horticultural associations or corporations and other agencies  organized
  for any or all of such purposes.
    2-a.  Aid  in  the  promotion  and  marketing of finfish and shellfish
  derived from commercial fishing or aquacultural activities and cooperate
  with fishing and aquaculture associations or corporations organized  for
  any or all such purposes.
    2-b.  Aid  in  the  promotion,  marketing,  and sale of New York state
  labelled wines, grapes  and  grape  products  in  cooperation  with  the
  department of economic development both within and outside the state and
  to   provide  promotion  and  marketing  advisement  to  wineries,  farm
  wineries, micro-wineries, grape and other fruit growers and  processors,
  and related trade organizations located within this state.
    2-c.   Aid   in   the  export  promotion  and  marketing  of  eligible
  agricultural products, in cooperation with the  department  of  economic
  development.
    3.  Investigate  the  cost of food production and marketing in all its
  phases.
    4.  Investigate  the  sources  of  food  supply  for  the  state,  the
  production,  transportation, storage, marketing and distribution of food
  sold, offered for sale, stored or held within the  state,  the  cost  of
  transportation  to the leading centers of population and of distribution
  to consumers.
    5. Collect and disseminate accurate data and statistics as to the food
  produced, stored or held within the state, the quantities available from
  time to time and the location thereof, and so  far  as  practicable  and
  available collect such like statistics from without the state, as are of
  value to producers and consumers within the state.
    5-a.  Establish  an information network between agricultural producers
  and consumers to facilitate and promote the direct marketing of New York
  farm products. The commissioner  may  publicize  such  direct  marketing
  information  network. He may compile information voluntarily provided by
  farmers and growers  who  desire  to  sell  farm  products  directly  to
  consumers,  and  distribute  such  information,  in  the manner he deems
  appropriate,  to  food  buying  cooperatives,   governmental   agencies,
  community  service organizations, the bureau of government-donated foods
  distribution  in  the  office  of  general  services,  the   cooperative
  extension service, and to any person requesting such information.
    5-b.  Establish,  in cooperation with the commissioner of education, a
  farm-to-school program to facilitate and promote  the  purchase  of  New
  York  farm  products  by  schools,  universities  and  other educational
  institutions under the jurisdiction of  the  education  department.  The
  department  shall  solicit  information  from  the  education department
  regarding school districts and other educational institutions interested
  in purchasing New York farm products, including but not limited to,  the
  type  and  amount of such products schools wish to purchase and the name
  of  the  appropriate contact person from the interested school district.
  The  department  shall  make  this  information  readily  available   to
  interested  New  York  farmers,  farm  organizations and businesses that
  market New York farm products. The department shall provide  information
  to  the  education  department and interested school districts and other
  educational  institutions  about  the  availability  of  New  York  farm
  products,  including  but  not  limited  to,  the  types  and  amount of
  products, and  the  names  and  contact  information  of  farmers,  farm
  organizations  and  businesses marketing such products. The commissioner
  shall report to the legislature on  the  need  for  changes  in  law  to
  facilitate  the  purchases  of  such products by schools and educational
  institutions.
    The department shall also coordinate with  the  education  department,
  and  school  food  service,  education,  health and nutrition, farm, and
  other interested organizations in establishing a promotional  event,  to
  be  known  as  New York Harvest For New York Kids Week, in early October
  each year, that will promote New York agriculture and foods to  children
  through  school  meal  programs and the classroom, at farms and farmers'
  markets and other locations in the community.
    6.  Investigate  and  recommend   useful   methods   of   co-operative
  production, marketing and distribution of foods within the state.
    7.  Aid in the organization and operation of co-operative associations
  and corporations among producers and consumers  of  farm  products,  and
  also aid in the organization and operation of co-operative associations,
  corporations  or  other  agencies  for  the  purpose  of  increasing the
  production, improving the quality, grading or bringing together of  farm
  products for wholesale marketing.
    7-a.  Call  conferences  of  co-operative associations of producers of
  farm products organized under or subject to the  provisions  of  chapter
  seventy-seven  of  the  consolidated  laws  for  discussion  of  cost of
  production, transportation  and  marketing,  of  market  conditions  and
  prices for sale of farm products to the end that the marketing operating
  operations  for  such co-operative associations may be facilitated, made
  more efficient and the producers  may  obtain  the  reasonable  cost  of
  production,  plus cost of compliance with sanitary regulations affecting
  production or marketing.  Such  conferences  shall  be  held  under  the
  supervision  of  the  commissioner.  Neither  such  conferences  nor any
  agreements or arrangements resulting therefrom, if  such  agreements  or
  arrangements  are  approved  by  the  commissioner,  shall  be deemed or
  construed to  be  acts,  conspiracies,  agreements  or  arrangements  in
  restraint  of  trade  or  commerce  or  injurious to public welfare. The
  powers hereby conferred  may  also  be  exercised  in  conjunction  with
  officials or representatives of the federal government.
    8.  Co-operate  with  and aid farmers and other producers of food, and
  distributors  and  consumers  thereof,  in  improving  and   maintaining
  economic  and efficient systems of production, storage, distribution and
  marketing, and in reaching advantageous markets.  The  commissioner  may
  develop,  coordinate and conduct programs for advertising, publicity and
  general promotion of agricultural and food  products  grown,  processed,
  packed  or  otherwise  made  within  the  state.  The  commissioner  may
  establish a voluntary program for the improvement of direct marketing of
  New York farm products at roadside farm markets.  The  commissioner  may
  adopt  a  word  or  symbol to identify roadside markets participating in
  such program, advertise and publicize the roadside farm market  program,
  and  provide  technical  and  promotional  assistance to effectuate said
  program. The commissioner may  charge  fees  for  the  sale  or  use  of
  promotional  materials  or  items,  and  any  income  derived  from such
  programs shall be deposited in a special account of  the  farm  products
  publicity fund established under section one hundred fifty-six-i of this
  chapter.  Any  expenses  incurred in the conduct of such programs may be
  paid out of such account on vouchers approved by the commissioner, after
  audit by the comptroller.
    9. Acquire and disseminate accurate information as to market prices of
  food products, and market conditions, in the markets of  the  state  and
  any  other  markets,  through  use  of  department  market reporters, or
  agreements with organized groups of producers or shippers or dealers  in
  farm  produce  for  the joint employment of market reporters, or special
  arrangements with  existing  market  reporting  agencies,  when  in  the
  judgment  of  the  commissioner such information will be valuable to the
  producers or consumers of the state.
    10.   Acquire   and   publish   useful   information   to   facilitate
  transportation, to avoid delays therein and upon request advise shippers
  or purchasers as to the most direct and expeditious route of shipment to
  market.
    11.  Co-operate  with the commissioner of transportation with the view
  of obtaining suitable, expeditious and  economical  facilities  for  the
  shipment  of  food,  and  recommend as to the action to be taken by such
  commissioner to avoid and prevent unfair discrimination in such shipment
  and unreasonable delay in the transportation thereof, and to obtain fair
  and reasonable rates for such transportation.
    12. Investigate delays in transportation, and in case food  is  likely
  to  spoil  for lack of ready market, take such action as seems advisable
  for facilitating the sale thereof.
    13. Investigate restraints of trade or unlawful  combinations  to  fix
  prices.
    14.   Investigate  as  to  the  needs  of  terminal,  dock  and  other
  distributing facilities for the delivery and distribution  of  foods  at
  the  centers  of  population,  and  the  establishment  and operation of
  co-operative or public  abattoirs  for  the  slaughter  of  animals  and
  poultry  for  food purposes; and advise and co-operate with corporations
  and municipalities or other agencies  to  promote  their  establishment,
  construction  or acquisition for the public use and make recommendations
  as to the conduct thereof.
    15.  Advise  and  co-operate  in  establishing  local   markets,   and
  warehouses  for  assembling,  grading,  packing and storing food or farm
  products, whenever in  the  judgment  of  the  commissioner  the  public
  interests require such establishment.
    16.  Co-operate  with  producers  in  the  conduct  of experiments and
  disseminate information as to producing, assembling,  grading,  packing,
  distributing  and  selling  farm products, so as to demonstrate economic
  and efficient methods, and to standardize the grades  of  such  products
  and determine the cost of such production, assembling, grading, packing,
  distribution and sale.
    17.  Investigate  plans  to  be  established by law for the purpose of
  securing an ample supply of pure milk in centers of population  upon  an
  economic  basis of distribution and to aid in the accomplishment of such
  purpose within the provisions of existing law.
    18. Ascertain the names and  addresses  of  producers,  manufacturers,
  importers,  exporters  and potential exporters and distributors of food,
  the kind of food produced, manufactured, imported,  exported  or  to  be
  exported  or  distributed  by  such  persons,  and  to  publish the same
  whenever in the judgment of the commissioner  public  interests  require
  or,  upon  request,  when  in  the public interest, supply lists of such
  persons.
    19.  Make  such recommendations as in the judgment of the commissioner
  will stimulate and increase the production or distribution  or  sale  of
  food and co-operate with public or private agencies for that purpose.
    20. Act as mediator or arbitrator in any controversy or issue that may
  arise between producers and distributors of food.
    21.  Investigate,  when  deemed  advisable, the conduct and methods of
  exchanges and boards of trade within the state for the purchase and sale
  of food.
    22. Collect and publish data  concerning  the  purity,  wholesomeness,
  economic  value  and  the  nutritious  and  hygienic  properties of food
  produced, sold or available for sale within  the  state,  and  for  such
  purpose to take, examine and analyze samples of such food.
    23.  Investigate  deceptions  in the quality, quantity or character of
  foods produced, stored, sold or  offered  for  sale  within  the  state,
  including the adulteration and misbranding thereof.
    24.  Co-operate with local health departments and other local agencies
  in preventing the production, manufacture, sale or offering for sale  of
  fraudulent,  deleterious  or  unwholesome  food.  The  commissioner  may
  contract with any such local health department or other local agency for
  the performance of inspections with respect to any food or other product
  over which he has jurisdiction, powers and duties under  the  provisions
  of this chapter.
    25.  Inspect  and determine the grade or condition of farm products at
  shipping points and receiving centers, and provide for the  issuance  of
  certificates   of   such   inspections   and   enter  into  co-operative
  arrangements  with  state  and  federal  marketing  agencies  for  joint
  inspections.  The  commissioner shall require and receive the payment of
  fees for such inspection services in amounts not exceeding the estimated
  cost of  the  services.  The  commissioner  shall  remit  to  the  state
  treasurer such fees received monthly.
    25-a.  Inspect  and determine the grade or condition of farm products,
  issue certificates of  such  inspections  and  provide  quality  control
  services  for  growers, canners, processors, packers, shippers, sellers,
  buyers, retailers  and  receivers  upon  request  therefor;  enter  into
  cooperative  arrangements with state and federal agencies, or persons or
  organizations authorized by a federal agency to  conduct  farm  products
  inspections, for joint inspections; enter into contracts with applicants
  for such inspections and services, which contracts shall require payment
  by  applicants  of  the  full costs of the services provided. All moneys
  received by  the  commissioner  pursuant  to  such  contracts  shall  be
  deposited  in  an  account within the miscellaneous special revenue fund
  and shall be used to defray the expenses incidental to carrying out  the
  powers  and duties authorized by this subdivision. The state's financial
  contribution to the pest control compact adopted pursuant to section one
  hundred forty-nine of this chapter may be paid out  of  the  portion  of
  said  moneys received by the commissioner for phytosanitary inspections.
  All moneys shall be paid out of such fund on vouchers  approved  by  the
  commissioner,  after audit by the comptroller. Nothing contained in this
  subdivision shall apply to fees received for inspections performed under
  subdivision twenty-five of this section.
    25-b. Require and receive the payment of a fee of  fifty  dollars  for
  the  issuance  of  certificates  of  compliance  with  the  food related
  provisions of this chapter  and  the  regulations  promulgated  pursuant
  thereto.    Notwithstanding  any other provision of law to the contrary,
  the commissioner is hereby authorized and directed to deposit all  money
  received   pursuant  to  this  subdivision  in  an  account  within  the
  miscellaneous special revenue fund.
    26.  Investigate  and take action to prevent illegal acts or practices
  in the sale or distribution of food or of fertilizers,  feeding  stuffs,
  materials,  apparatus  and  machinery or other instrumentalities used or
  needed for the production, marketing and distribution of food.
    27. Seize, destroy or denature so that it cannot  thereafter  be  used
  for food, any unwholesome food or food products sold or exposed for sale
  on the markets of this state, or any food or food products consisting in
  whole or in part of any filthy, decomposed or putrid animal or vegetable
  substance,  or  any  portion  of  an  animal  unfit  for  food,  whether
  manufactured or not, or if it is the product of a diseased animal or one
  that has died otherwise than by slaughter. Provided, however,  that  the
  commissioner  of  agriculture  and markets after seizure and before such
  destruction, shall give the owner, proprietor or custodian of such  food
  ten  days  notice in writing, to be served either personally or by mail,
  of a hearing for the said owner, proprietor or custodian to  show  cause
  why  such food should not be destroyed in accordance with the provisions
  of the statute.
    28. Provide for holding a state fair to be known as the New York state
  fair and, for the purpose of seeking  advice  and  counsel  in  relation
  thereto,  designate  and,  at  pleasure,  remove,  not more than fifteen
  persons  to  act  as  a  state  fair  advisory  board,  with  which  the
  commissioner  may  consult.  The  members of such board shall receive no
  compensation for their services,  but  shall  be  paid  their  necessary
  traveling and other expenses when consulted by the commissioner.
    29.  All  the functions of the former department of farms and markets,
  of  the  former  council  of  farms  and  markets  and  of  the   former
  commissioner of farms and markets and all their powers and duties, which
  were transferred to the department of agriculture and markets by section
  two  hundred  and seventy-two of the state departments law or shall have
  been prescribed by law when this subdivision  as  hereby  enacted  takes
  effect,  whether  in terms vested in such department, in such council or
  in such commissioner or in a committee, member or officer  thereof,  and
  all  the  functions of the former council of agriculture and markets and
  the commissioner of agriculture and markets and  all  their  powers  and
  duties which shall have been prescribed by law when this subdivision, as
  hereby amended, takes effect, whether in terms vested in such council or
  in such commissioner or in a committee, member or officer thereof, shall
  continue  to  be vested in the department of agriculture and markets and
  shall continue to be exercised and performed therein by or  through  the
  commissioner  of  agriculture  and  markets or the appropriate division,
  bureau, board or officer thereof as prescribed by or  pursuant  to  law,
  together  with  such  functions,  powers  and duties as hereafter may be
  conferred or imposed upon such department by law. All the provisions  of
  this  chapter  shall  apply to the department of agriculture and markets
  continued by this chapter as hereby amended and to the  commissioner  of
  agriculture  and  markets  and to the divisions, bureaus and officers of
  such department, in so far as such provisions are not inconsistent  with
  this subdivision.
    30.  Investigate, inspect and supervise the sale and exposure for sale
  of meat and meat preparations and enforce the provisions of sections two
  hundred one-a, two hundred one-b and two hundred one-c of  this  chapter
  relating  thereto,  designate an employee of the department as "director
  of kosher law enforcement"  and  to  make  such  rules  and  regulations
  imposing  such  additional  requirements and restrictions upon such sale
  and exposure for sale as may be deemed necessary in connection  with  or
  in  aid  of the proper administration and enforcement of such provisions
  and of any other applicable laws.
    30-a.  Whenever  under  this  chapter  a  person may elect to petition
  therefor, the commissioner may in his discretion establish inspection of
  petitioner's meat by-products or meat food products, and shall determine
  the actual cost of inspection thereof  and  shall  require  and  receive
  quarterly  the  pre-payment  of  fees  for  such  inspection services in
  amounts not exceeding the actual cost. The commissioner shall  establish
  in  the  name  of  such  petitioner  an inspection fund to maintain such
  inspection services and any unexpended funds which may remain  over  and
  above  the amount needed for such inspection or service shall be paid to
  the petitioner at the close of each fiscal year.
    31. Adopt, promulgate and make effective plans, rules and orders  with
  respect  to  the furnishing of care for children under fourteen years of
  age, including children temporarily within the state,  whose  parent  or
  parents  are  seasonally or temporarily employed by canners, growers and
  processors of foods and foodstuffs, and to expend or allocate moneys for
  such purposes out of moneys appropriated to the department on such terms
  and conditions as he may deem proper provided that he finds such  action
  is  necessary  in  order  to  maintain an adequate supply of labor or to
  avoid waste in the growing,  harvesting  and  processing  of  food.  The
  commissioner  is  authorized  to  enter  into  contracts approved by the
  attorney-general, the state comptroller and the director of  the  budget
  with  non-profit  membership  corporations  providing  such  care.  Such
  contracts shall specify the terms and standards of operation  and  shall
  limit the total financial responsibility of the state to a specified sum
  which shall not exceed the amount appropriated for such purpose.
    32.  Receive  and  disburse federal moneys allotted to the state by or
  pursuant to the federal agricultural marketing act of  nineteen  hundred
  forty-six   as  amended,  or  any  other  act  of  the  congress  making
  appropriation for the allocation among  the  states  for  research  into
  basic  laws  and  principles  relating to agriculture and to improve and
  facilitate the marketing and distribution of agricultural products,  and
  for  any other purpose relating to agriculture or marketing agricultural
  products; on behalf of the state, to adopt, execute and administer plans
  and to put into effect such measures as may be  necessary  for  research
  into  basic  laws  and principles relating to agriculture and to improve
  and facilitate the marketing and distribution of agricultural  products;
  on  behalf of the state, to make and execute such contracts, agreements,
  covenants or conditions, not inconsistent with law, as may be  necessary
  or  required by any duly constituted agency of the federal government as
  a condition precedent to receiving such funds or in connection with such
  research; to cooperate with all federal, state or local authorities,  or
  other  agencies, authorized under such acts of congress to carry out the
  purposes thereof; to adopt and from time to time to amend such rules and
  regulations and to prescribe such conditions, not inconsistent with law,
  as may be necessary to make available to the people  of  the  state  the
  benefits  afforded  by  such  acts  of  congress; and to enforce all the
  provisions of this subdivision and the rules  adopted  pursuant  hereto.
  The department of taxation and finance is designated as custodian of all
  federal-aid  funds  allotted  to  the  state  for  the  purposes of this
  subdivision by the United States and such funds shall be payable only on
  the  audit  and  warrant  of  the  comptroller  on  certificate  of  the
  commissioner as provided in section one hundred ten of the state finance
  law.
    33.  Require  each  applicant for a license, permit or registration or
  renewal thereof authorized to be issued by the  commissioner  under  the
  provisions  of  this  chapter  to  satisfy  the  commissioner  that such
  applicant is or will be in compliance with all ordinances or local  laws
  of  the  county,  city,  town  and  village  in  which  such business or
  occupation  will  be  conducted  bearing  thereon.  The   commissioner's
  approval  of  an application shall not, however, be construed in any way
  as certifying that such ordinances or  local  laws  have  been  complied
  with.
    34.  Contract with Cornell university or the New York state veterinary
  college at Cornell for the  planning,  design  and  construction  of  an
  animal  disease diagnostic laboratory at the state veterinary college at
  Cornell university.
    35. Investigate, inspect, and supervise all sanitary aspects  relative
  to  the  production,  processing, sale and distribution of milk and milk
  products.
    36. Require that a  written  instrument  submitted  pursuant  to  this
  chapter  or a rule or regulation adopted pursuant thereto contain a form
  notice to the effect that false statements made therein  are  punishable
  pursuant  to  section 210.45 of the penal law or, where the commissioner
  deems necessary, require that any such instrument  be  subscribed  under
  oath.
    37. Provide for the operation of the state soil and water conservation
  committee pursuant to the soil and water conservation districts law.
    38.  Establish  and  maintain  a  statewide  registry  of  brands  for
  livestock owners to voluntarily register the brand  they  use  to  brand
  their livestock.
    39.  (a) Establish a program in the state for the planning, design and
  implementation of integrated pest management. Under such a  program  the
  department  may  contract  with Cornell university or the New York state
  college of agriculture and life  sciences  at  Cornell  university,  and
  shall  encourage  such contractor to seek federal and private sources of
  funds for such program.  The  department  shall  submit  a  quinquennial
  report  of  such integrated pest management program to the governor, the
  senate finance committee and the assembly ways and means committee on or
  before January first, two thousand seven and on or before January  first
  of  each  fifth  year  thereafter. Such report shall include, but not be
  limited to:
    i. an identification  of  all  revenue  sources,  including  non-state
  funds,   and   an   identification  of  expenditures  made  within  each
  agricultural production area, as described in  article  eleven  of  this
  chapter;
    ii. an evaluation and description of the status of implementation with
  each agricultural production area and the achievements of each objective
  outlined in such article eleven made in the previous five years; and
    iii.  the  overall  status of the program and multi-year timetable for
  the future implementation of the program.
    (b) Between report  due  dates,  the  department  shall  maintain  the
  necessary  records  and  data to satisfy such report requirements and to
  satisfy information requests received  from  the  governor,  the  senate
  finance  committee  and  the  assembly ways and means committee, between
  such report due dates.
    40. Establish and administer, together with the state soil  and  water
  conservation   committee   and  the  Cornell  cooperative  extension,  a
  voluntary program to encourage agricultural environmental  planning  and
  implementation.  The  program  shall promote farming practices which are
  compatible with state water quality and other environmental  objectives,
  and  may  include  training  and certification of agricultural planners;
  educational outreach  to  producers  of  farm  products;  technical  and
  financial  assistance  to  farm operators; consultation and coordination
  with federal, state and local  agencies;  and  periodic  evaluation  and
  assessment of program effectiveness.
    41.  Establish  and  maintain  New  York  state domestic animal health
  assurance programs, voluntary, on-farm,  integrated  disease  prevention
  programs,  directed  at improving animal health and promoting a safe and
  wholesome food supply. Such programs may include but are not limited  to
  the  New York state cattle and horse health assurance programs. To carry
  out such programs, the department may contract with public, private  and
  academic  entities and shall encourage such entities to seek federal and
  private sources of funds for such programs.
    42. For purposes of making  determinations  and  consulting  with  the
  chairman  of  the state liquor authority pursuant to subdivision five of
  section seventy-six-a of the alcoholic beverage control law, investigate
  and compile information relative to natural disasters, acts of  God,  or
  continued  adverse  weather  conditions  which  shall affect the crop of
  grapes or other fruit products used in the production of wine.