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This entry was published on 2014-09-22
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SECTION 135-B
Detained commercial feeds
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 8
§ 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.