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This entry was published on 2019-01-18
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SECTION 146
Licensing
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 10
§ 146. Licensing. (a) No person shall distribute in this state any
type of fertilizer until a license to distribute the same has been
obtained from the commissioner by the person whose labelling is applied
to such fertilizer upon payment of a one hundred fifty dollar fee. The
initial license issued hereunder shall expire on December thirty-first
of the next even numbered year following the year in which it was issued
and each renewal of that license shall be for a two year period, ending
on December thirty-first. Application for a renewal of such license
shall be made biennially, upon a form prescribed by the commissioner and
be submitted no later than thirty days prior to the expiration of the
existing license.

(b) The application shall include: (1) The name and address of
licensee;

(2) Name and address of each manufacturing plant, blending plant and
bulk storage facility within New York state which distributes commercial
fertilizer, and

(3) A list of the brand and product name of all commercial fertilizer
distributed in this state.

(c) The licensee shall inform the commissioner in writing of
additional distribution points established during the period of the
license.

(d) The commissioner is authorized and empowered to revoke the license
of any distributor of commercial fertilizer, or to refuse to grant or to
renew the license of any distributor as herein provided, upon
satisfactory evidence that the licensee or applicant has used fraudulent
or deceptive practices in the evasion or attempted evasion of the
provisions of this article, or of any rules or regulations promulgated
hereunder or if the license application or the information furnished
upon the sale of the commercial fertilizer is misleading or deceptive or
tends to mislead or deceive as to its quality or the constituents or
materials of which it is composed. No license shall be revoked or
refused until the distributor shall have been given an opportunity to
appear for a hearing before the commissioner.