2006 New York Code - Enforcement.



 
    §  504. Enforcement. 1. Every place where products, fabrics or related
  materials are manufactured or sold shall be subject to inspection by the
  commissioner who shall have power to inspect the manufacture and sale or
  delivery of all products, fabrics or related materials covered  by  this
  article.  The  commissioner  shall  have power to cause examinations and
  tests to be made thereof and power to place off sale and  to  seize  and
  hold  for  evidence any product, fabric or related material which he has
  reason to believe is made or sold or held in possession in violation  of
  this  article.  For  the  purpose  of  administering  and  enforcing the
  provisions of this article the commissioner shall have and may  use  the
  powers  conferred  on  him  by  the  labor law in addition to the powers
  conferred herein. No person shall interfere with, obstruct or  otherwise
  hinder  any  inspector,  officer  or  employee  of the department in the
  performance of his duties.
    2. No person shall sell, alter, interfere with or remove in  whole  or
  in  part  any  product, fabric or related material which has been placed
  off sale nor shall such product, fabric or related material  be  removed
  from  the  premises  where placed off sale or seized until such product,
  fabric  or  related  material  is  released  by  the  commissioner.  All
  products,  fabrics  or related materials placed off sale or seized shall
  be subject to frequent examination by inspectors of the  department  and
  must  be  so  placed and stored as to be readily accessible at all times
  and shall be produced for examination upon demand of any inspector  made
  upon  the  person  or persons in charge of the establishment or premises
  where such products, fabrics or related materials were placed  off  sale
  or were seized.
    3.  Whenever  the  department  ascertains  that any product, fabric or
  related material has been manufactured or has been offered for  sale  in
  violation  of  the  provisions  of  this  article,  proceedings  for the
  confiscation  of  such  product,  fabric  or  related  material  may  be
  instituted  by  the  commissioner  in  the  supreme  court in the county
  wherein such product, fabric or related material may be found.
    4. If the court shall  find  that  such  product,  fabric  or  related
  material  does not comply with the standards established by this article
  and the rules and regulations promulgated hereunder it shall be disposed
  of by destruction or by delivery to the owner or claimant  thereof  upon
  payment  of  legal  costs  and  charges  and  upon execution of good and
  sufficient bond that such product, fabric or related material  will  not
  be  disposed of for wear or use until properly and adequately treated or
  processed so that it shall comply with the provisions  of  this  article
  and the rules and regulations promulgated pursuant to this article.

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