2012 New York Consolidated Laws
AGM - Agriculture & Markets
Article 8 - (128 - 135-G) MANUFACTURE AND DISTRIBUTION OF COMMERCIAL FEED
135-B - Detained commercial feeds.

 
    § 135-b. Detained  commercial  feeds.  1.  Stop  sale  order: When the
  commissioner or his authorized agent has probable cause to  believe  any
  lot  of  commercial  feed  is  being,  or  is about to be distributed in
  violation of any of the provisions of this article or any of  the  rules
  and  regulations  adopted  pursuant  thereto,  the  commissioner  or his
  authorized agent may issue  and  enforce  a  written  stop  sale  order,
  warning  the  distributor  not  to  remove  or  dispose  of  the  lot of
  commercial feed in any manner until written permission  for  removal  or
  disposal  is  given  by  the  commissioner  or his authorized agent. The
  commissioner or his authorized agent shall release the lot  of  feed  so
  detained  if and when said provisions and regulations have been complied
  with.  If  compliance  is  not  obtained  within   fifteen   days,   the
  commissioner may begin, or upon request of the distributor or registrant
  shall  begin,  seizure  proceedings in accordance with the provisions of
  section two hundred two-b of this chapter.
    2. Seizure: Whenever the commissioner or his  authorized  agent  shall
  find distributed, or about to be distributed, any lot of commercial feed
  which   is  unfit  or  unsafe  for  use  as  commercial  feed,  and  its
  condemnation is required to protect the public health, the  commissioner
  or his authorized agent may seize, destroy or denature such feed so that
  it cannot thereafter be used for commercial feed.
    Whenever  the  commissioner  or  his  authorized  agent  finds, or has
  probable  cause  to  believe,  that  any  lot  of  commercial  feed   is
  adulterated  or misbranded within the meaning of this article, or if any
  person fails to comply with a stop sale order duly  issued  pursuant  to
  the  preceding  subdivision,  the  commissioner  or his authorized agent
  shall seize such feed in accordance with the provisions of  section  two
  hundred two-b of this chapter.
    All   proceedings   subsequent  to  seizure,  including  if  necessary
  destruction of the feed  after  ten  days'  notice  in  writing  to  the
  distributor  and  an opportunity to be heard, shall be had in accordance
  with the provisions of section two hundred two-b. Prior  to  destruction
  of  any  commercial feed pursuant to the provisions of this subdivision,
  except where a commercial feed is unfit or unsafe for use as  commercial
  feed  and its condemnation is required to protect the public health, the
  commissioner or his authorized agent, upon request by  the  distributor,
  may  afford  the distributor an opportunity to reprocess or relabel said
  feed to bring it into compliance.