2006 New York Code - Orders

 
  § 33-1105. Orders.
    1. If the commissioner finds, from testimony adduced, that:
    a.  There  has  been actual damage to grapevines or grape crops within
  the affected area; and
    b. Such damage was  caused  by  the  use  of  the  chemical  substance
  complained of in the petition, and by that cause alone; and
    c. Such use was upon lands within the affected area or in proximity to
  the affected area, or upon the damaged crop itself; and
    d.  The  commercial  production  of  grapes  within  the affected area
  constitutes a major source of agricultural income  within  the  affected
  area;   then  the  commissioner  may  issue  his  order  prohibiting  or
  restricting the use of 2,4-D (2,4-D Dichlorophenoxyacetic acid), 2,4-5-T
  (Trichlorophenoxyacetic acid) or MCP (2  Methyl,  4  Chlorophenoxyacetic
  acid)  within  or in proximity to the affected area for a period of time
  to be specified in the order.  The  affected  area  may  be  altered  by
  description  in the order of the commissioner, if the commissioner finds
  that such alteration should be made to effectuate the  purposes  of  the
  petition.     All     restrictions     upon    the    use    of    2,4-D
  (2,4-Dichlorophenoxyacetic acid), 2,4-5-T (Trichlorophenoxyacetic  acid)
  or  MCP (2 Methyl, 4 Chlorophenoxyacetic acid) within or in proximity to
  the affected area shall be set forth in the order with particularity.
    2. The order shall  continue  in  effect  from  year  to  year  unless
  modified or rescinded by the commissioner. Not later than February 15 of
  each   year,  the  commissioner  shall  give  notice  of  the  order  by
  publication in a newspaper of general circulation in the area  affected.
  The  notice  shall  state the terms of the order in general language and
  that the order will continue in effect for the period of time  specified
  in  the  order,  unless a petition for modification or rescission of the
  order, signed by ten or more grape growers or fifty or more persons  not
  grape  growers in the affected area is filed with the commissioner on or
  before March 1 of such year.
    3. If a request  for  modification  or  rescission  is  received,  the
  commissioner  shall  hold  a  hearing after giving notice as provided in
  section 33-1103. After the hearing, the  commissioner  shall  make  such
  findings  as the evidence adduced justifies and may continue, modify, or
  rescind the order. If the commissioner modifies or rescinds  the  order,
  he  shall give notice of his action as provided in subdivision 4 of this
  section.
    4. All orders shall be effected upon posting the same  prominently  in
  at  least five of the most public places within the affected area.  They
  shall also be published in a newspaper having general circulation in the
  areas affected but such publication shall not be a  condition  precedent
  to their effectiveness.