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This entry was published on 2014-09-22
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SECTION 240
Length of storage period
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 19
§ 240. Length of storage period. 1. No person or corporation shall
keep or permit to remain in any refrigerated warehouse or locker plant
any article of food beyond the time when it is sound and wholesome and
fit to remain in storage. If any article of food is found to be fit for
immediate consumption, but unfit for further storage, such article of
food shall at once be removed from storage and not again stored. No
article of food shall be kept or permitted to remain in any refrigerated
warehouse for a longer aggregate period than twenty-four calendar
months, except by order of the commissioner. Upon evidence satisfactory
to him that the food is sound and wholesome and fit for further storage,
the commissioner may, in his discretion, grant an extension of the
storage period. He may, in his discretion, cause any articles of food to
be examined to ascertain if the food is sound and wholesome and fit for
further storage.

2. In the event that any article of food is held in a refrigerated
warehouse for a period of longer than twenty-four calendar months
without extension having been applied for and granted by the
commissioner, and that neither the operator of the refrigerated
warehouse nor the commissioner can locate the owner of the said article
of food, after ten days' notice by registered mail directed to the last
known address of such owner, then, and in that event, the commissioner
shall have the power to order the disposition and sale of the said
article of food for the purpose of payment of charges for storage or
other valid liens against same. If a sale as herein provided is ordered
by the commissioner, the proceeds of such sale shall be applied, first,
to the payment of any and all charges for storage and service in
connection with said property, and second, for any other valid liens
against the said property. Any balance then remaining from the proceeds
of the sale shall be paid to the owner of the said property, if such
owner can be located; and, in the event the owner cannot be located
within one year of date of notification, then any balance shall be paid
into the treasury of the state of New York.

3. If through non-use of any locker or lockers by the lessee thereof
during a period of twelve calendar months, or if for any reason it
becomes apparent to the operator of a locker plant that articles of food
are possibly being held in any locker or lockers for a period beyond the
time when such articles of food may be sound and wholesome or fit to
remain in storage, he shall notify the lessee to immediately inspect the
contents of his locker or lockers; and, if any article of food is found
unfit for further storage, the operator shall require its prompt
removal.

4. If the operator of the locker plant, after ten days' notice by
registered mail directed to the last known address of such lessee, is
unable to locate the lessee of the said locker or lockers, then, and in
that event, he shall so notify the commissioner. The commissioner shall
thereupon cause the articles of food to be examined, and, if found fit
for immediate consumption, he shall have the power to order the
disposition and sale of the said article or articles of food for the
purpose of payment of the locker charges or other valid liens against
same. If a sale as herein provided is ordered by the commissioner, the
proceeds of such sale shall be applied, first, to the payment of any and
all charges due the locker plant operator for rental and service, and,
second, for any other valid liens against the said property. Any balance
then remaining from the proceeds of the sale shall be paid to the owner
of the said property if such owner can be located; and, in the event
that the owner cannot be located within one year of date of
notification, then any balance shall be paid into the treasury of the
state of New York.

5. In carrying out any order of the commissioner for sale or
disposition of any property under the provisions of sections two hundred
and thirty-nine or two hundred and forty of this chapter, the owner or
operators of the refrigerated warehouse or locker plant are hereby
relieved from any liability to the original owner or any other person or
persons for the custody of said property, and from any legal liability
under any warehouse receipt issued and outstanding covering the said
property.