Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 135-D
Enforcement
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 8
§ 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.