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


NY Agri & Mkts L § 135-D (2012) What's This?
 
    § 135-d. Enforcement. 1. The commissioner may institute such action at
  law  or in equity as may appear necessary to enforce compliance with any
  provision of this article and the  rules  and  regulations  adopted  and
  promulgated hereunder and, in addition to any other remedy under article
  three  of  this chapter or otherwise, may apply for relief by injunction
  if necessary to protect the public interest without being  compelled  to
  allege  or  prove  that  an  adequate remedy at law does not exist. Such
  application may be made to the supreme court in any county  pursuant  to
  the  civil  practice law and rules or to the supreme court in any county
  of the third judicial district.
    2. Whenever the commissioner or his agent is  authorized  or  directed
  hereunder  to  render any feed unfit for use as commercial feed or seize
  and destroy any commercial feed, the destruction and disposition of such
  commercial feed, as well as any necessary  storage,  handling  or  other
  incidentals,   shall   be   the  responsibility,  both  financially  and
  otherwise, of the owner of the same or other person  having  custody  or
  possession  of  such  feed;  provided, however, that such destruction or
  disposition  shall  be  carried  out  only  under  the   direction   and
  supervision of the commissioner or his authorized agent. Nothing in this
  subdivision  shall  be  construed  as preventing the commissioner or his
  authorized agent from destroying or disposing of commercial  feed  found
  to  be  unfit  or unsafe for use as commercial feed where such action is
  necessary for the protection of public health.

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