2014 New York Laws
AGM - Agriculture & Markets
Article 8 - (128 - 135-G) MANUFACTURE AND DISTRIBUTION OF COMMERCIAL FEED
128-A - Licenses.

  128-a. Licenses. 1. No person shall manufacture any commercial feed
  in this state unless such person holds a license issued therefor by  the
  commissioner.  Notwithstanding  the foregoing, a person, in operation on
  or before  the  effective  date  of  this  section,  who  has  filed  an
  application   for  an  initial  license  under  this  section  shall  be
  authorized to operate without such license until the commissioner grants
  or, after notice and opportunity to be heard,  declines  to  grant  such
  license. Each application for a license shall be made on a form supplied
  by  the department and shall contain such information as may be required
  by the department.  Renewal  applications  shall  be  submitted  to  the
  commissioner  at least thirty days prior to the commencement of the next
  license year.
2. The commissioner may deny any application for a license  or  revoke
  any  license  when granted, after written notice to the applicant and an
  opportunity to be heard, when:
(a) any statement in the application or upon which it was issued is or
  was false or misleading;
(b) facilities of the applicant are not  maintained  in  a  manner  as
  required by rules and regulations duly promulgated by the commissioner;
(c)  the  maintenance  and  operation  of  the  establishment  of  the
  applicant is such that the commercial feed produced therein is or may be
  adulterated, misbranded, or not maintained in any manner as required  by
  this article;
(d)  the  applicant  or  licensee, or an officer, director, partner or
  holder of ten per centum or more of the voting stock of the applicant or
  licensee, has failed to comply  with  any  of  the  provisions  of  this
  article or rules and regulations promulgated pursuant thereto; or
(e)  the applicant or licensee is a partnership or corporation and any
  individual holding any position or interest or power of control  therein
  has  previously  been  responsible  in  whole  or in part for any act on
  account of which an application for licensure may be denied or a license
  revoked pursuant to the provisions of this article.
3. Each application for an initial license shall be accompanied  by  a
  non-refundable  fee  of  one  hundred  dollars.  The  commissioner shall
  prorate the license fee for any person applying for an  initial  license
  after  the  commencement  of  the  licensing  period.  Licenses shall be
  renewable  annually  thereafter,  together  with  the   payment   of   a
  non-refundable fee of fifty dollars.
4.  Inspection in accordance with section one hundred thirty-five-a of
  this article,  the  results  of  which  establish  compliance  with  the
  provisions  of  this  article,  shall  precede  issuance of a license or
  renewal thereof under this section.
5. Upon validation by the commissioner, the application  shall  become
  the license of the person.
6. The commissioner shall provide a copy of the license to the person.
  The commissioner shall also retain a copy of the license.
7.  No  licensee shall publish or advertise the sale of any commercial
  feed unless the publication or  advertisement  is  accompanied  by  such
  licensee's  license  number. Notwithstanding the foregoing, a person, in
  operation on or before the effective date of this section, who has filed
  an application for an initial license under this section may publish  or
  advertise  the  sale  or availability of any commercial feed without the
  publication or advertisement being accompanied by the  person's  license
  number until the commissioner grants or, after notice and opportunity to
  be heard, declines to grant such license.
8.  Commercial  feed  licenses shall be conspicuously displayed on the
  premises so that they may be readily seen by officers and  employees  of
  the department.

9. Notwithstanding the definition of commercial feed under subdivision
  seven   of  section  one  hundred  twenty-eight  of  this  article,  the
  provisions of this section shall not apply to a person  who  conducts  a
  business of selling pet food and specialty pet food.