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 504
Enforcement
General Business (GBS) CHAPTER 20, ARTICLE 29
§ 504. Enforcement. 1. Every place where products, fabrics or related
materials are manufactured or sold shall be subject to inspection by the
commissioner who shall have power to inspect the manufacture and sale or
delivery of all products, fabrics or related materials covered by this
article. The commissioner shall have power to cause examinations and
tests to be made thereof and power to place off sale and to seize and
hold for evidence any product, fabric or related material which he has
reason to believe is made or sold or held in possession in violation of
this article. For the purpose of administering and enforcing the
provisions of this article the commissioner shall have and may use the
powers conferred on him by the labor law in addition to the powers
conferred herein. No person shall interfere with, obstruct or otherwise
hinder any inspector, officer or employee of the department in the
performance of his duties.

2. No person shall sell, alter, interfere with or remove in whole or
in part any product, fabric or related material which has been placed
off sale nor shall such product, fabric or related material be removed
from the premises where placed off sale or seized until such product,
fabric or related material is released by the commissioner. All
products, fabrics or related materials placed off sale or seized shall
be subject to frequent examination by inspectors of the department and
must be so placed and stored as to be readily accessible at all times
and shall be produced for examination upon demand of any inspector made
upon the person or persons in charge of the establishment or premises
where such products, fabrics or related materials were placed off sale
or were seized.

3. Whenever the department ascertains that any product, fabric or
related material has been manufactured or has been offered for sale in
violation of the provisions of this article, proceedings for the
confiscation of such product, fabric or related material may be
instituted by the commissioner in the supreme court in the county
wherein such product, fabric or related material may be found.

4. If the court shall find that such product, fabric or related
material does not comply with the standards established by this article
and the rules and regulations promulgated hereunder it shall be disposed
of by destruction or by delivery to the owner or claimant thereof upon
payment of legal costs and charges and upon execution of good and
sufficient bond that such product, fabric or related material will not
be disposed of for wear or use until properly and adequately treated or
processed so that it shall comply with the provisions of this article
and the rules and regulations promulgated pursuant to this article.