reglab/housing_qa huggingface dataset:
NY Agric & Mkts L § 251-Z-10 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 20-C - Licensing of Food Processing Establishments 251-Z-10 - Penalties.

§ 251-z-10. Penalties.  No operator of a food processing establishment   shall fail to conform to any requirement of or violate any provision  of   this  article  or  of  the rules and regulations promulgated thereunder.   Each day's operation  of  a  food  processing  establishment  without  a   license   shall   constitute  a  separate  violation  of  this  article,   punishable by the penalties described in article three of this  chapter,   in addition to the remedies provided in this article.
NY Agric & Mkts L § 251-Z-11 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 20-C - Licensing of Food Processing Establishments 251-Z-11 - Remedies.

§ 251-z-11. Remedies.  The  commissioner  may institute such action at   law or in equity as may be necessary  to  enforce  compliance  with  any   provision  of  this  article  or  of  any  rule or regulation applicable   thereto or promulgated thereunder.  In  addition  to  any  other  remedy   prescribed  in article three of this chapter, or otherwise, he may apply   for relief by injunction without alleging or proving  that  an  adequate   remedy  at  law  does  not  exist.  Such  application may be made to the   supreme court in any district  or  county,  as  provided  by  the  civil   practice  law  and  rules, or to the supreme court in the third judicial   district.
NY Agric & Mkts L § 251-Z-13 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 20-C - Licensing of Food Processing Establishments 251-Z-13 - Severability.

§ 251-z-13. Severability.  If  any  provision  of  this article or the   application thereof to any person or circumstances is held invalid, such   invalidity shall not affect other  provisions  or  applications  of  the   article  which  can  be  given  effect  without the invalid provision or   application, and to this end the provisions of this article are declared   to be severable.
NY Agric & Mkts L § 252 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 252 - Division of Milk Control.

§ 252. Division  of  milk  control. There shall be in the department a   division to be known as the division of milk control. The  head  of  the   division  shall be a director who shall be appointed by the commissioner   and serve during his pleasure. The functions, powers and duties  of  the   department,  as  provided  by  this article, and by article four of this   chapter, shall be exercised and performed therein  by  and  through  the   division  of  milk  control.  The  commissioner  may delegate any of his   powers to, or direct any of his duties to be performed by  the  director   of the division of milk control.
NY Agric & Mkts L § 254 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 254 - General Powers.

§ 254. General  powers.  The  department  through  the commissioner is hereby vested with the powers heretofore conferred with respect to  milk gathering stations, manufactories and plants, including the following:  (a)  To  supervise  and  regulate the entire milk industry of New York state, including the production, transportation,  manufacture,  storage, distribution,  delivery  and sale of milk and milk products in the state of New York; provided, however, that nothing contained in  this  article shall  be construed to abrogate or affect the status, force or operation of any provision of the public health law, the public service  law,  the state sanitary code or any local health ordinance or regulation.  (b)   To   investigate  all  matters  pertaining  to  the  production, manufacture, storage, transportation, disposal, distribution and sale of milk and milk products in the state of New York. The commissioner  shall have  the  power  to  subpoena  milk  dealers,  their records, books and accounts, and any other person from whom information may be  desired  to carry  out  the  purpose  and  intent  of  this  chapter  and  may issue commissions to take depositions of witnesses absent from the state.  Any designated  employee  may  sign  and  issue subpoenas and may administer oaths to witnesses and conduct hearings and investigations.  A  subpoena issued  under  this section shall be regulated by the civil practice law and rules.  (c) The commissioner  may  act  as  mediator  and  arbitrator  in  any controversy or issue that may arise among or between producers, among or between  producers  and  milk dealers, among or between milk dealers, as between themselves or that may arise between them as groups.  (d) The  operation  and  effect  of  any  provision  of  this  article conferring  a  general  power  shall not be impaired or qualified by the granting by this article of a specific power or powers.
NY Agric & Mkts L § 254-A (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 254-A - Milk Marketing Advisory Council.

§ 254-a. Milk   marketing   advisory   council.   1.  There  shall  be established a milk marketing advisory council to advise the commissioner in planning, programs and  policy  pertaining  to  milk  marketing.  The council  will  be  convened  at the request of the commissioner not less than two times per year.   2. This advisory council shall consist of not less than seven  members who shall be appointed by and serve at the pleasure of the commissioner. The  commissioner shall designate one member to serve as chairman of the council.   The membership of the  council  shall  include,  but  not  be limited to milk producers, milk dealers, representatives of general farm organizations   and   dairy   farmer   cooperative   associations,   and representatives of milk consumers and representatives of milk retailers. The members shall  serve  without  salary,  but  shall  be  entitled  to reimbursement of their ordinary and necessary travel expenses.   3.  The  duties  and  responsibilities  of the milk marketing advisory council shall be prescribed by the commissioner and he may  specifically delegate  to  the  council  any  or  all  of  the  following  duties and responsibilities:  (a) The recommendation to  the  commissioner  of  proposed  rules  and regulations to effectuate the purposes of this article.  (b) The recommendation to the commissioner of changes or amendments to rules and regulations.  (c)  The  recommendation  to the commissioner of policy positions with respect to proposed federal legislation and regulations  affecting  milk marketing within the state.  (d)  Assisting  the  commissioner  in  the  collection and assembly of information and data necessary for the  proper  administration  of  this article.  (e)  Study  of milk marketing matters pertaining to the administration of this article and inform the commissioner of their findings.  (f)  The  performance  of  such   other   duties   relating   to   the administration of this article as the commissioner shall designate.
NY Agric & Mkts L § 255 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 255 - Rules and Orders.

§ 255. Rules  and  orders.  The commissioner may adopt and enforce all   rules and all orders necessary to  carry  out  the  provisions  of  this   article.  Every  rule  or  order  shall  be  filed  in the office of the   department of state, except an  order  directed  only  to  a  person  or   persons  named  therein  which shall be served by personal delivery of a   copy, or by mailing a copy in a sealed envelope with postage prepaid  to   each  person  to  whom  such  order  is  directed,  or, in the case of a   corporation, to any officer or agent of  the  corporation  upon  whom  a   summons  may  be  served  in accordance with the provisions of the civil   practice law and rules.  The filing of any rule and of  any  order,  not   herein  required to be served, in the office of the department of state,   shall constitute due and sufficient notice to all  persons  affected  by   such  rule  or order. A rule when duly filed as provided in this section   shall have the force and effect of law.
NY Agric & Mkts L § 256 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 256 - Entry, Inspection and Investigation.

§ 256. Entry,  inspection  and  investigation. Any employee designated   for the purpose shall have access to and may  enter  at  all  reasonable   hours all places where milk is being stored, bottled or manufactured, or   where  milk or milk products are being bought, sold or handled, or where   the books, papers, records or documents relating  to  such  transactions   are kept, and shall have power to inspect and copy the same in any place   within  the  state,  and may administer oaths and take testimony for the   purpose of ascertaining facts which in the judgment of the  commissioner   are necessary to administer this chapter.
NY Agric & Mkts L § 256-A (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 256-A - Audits of Books and Accounts of Milk Dealers and Cooperatives.

§ 256-a. Audits   of   books   and   accounts   of  milk  dealers  and   cooperatives. It shall be the duty of the commissioner  to  examine  and   audit from time to time, as the commissioner deems necessary and proper,   the  books  and  accounts  of  milk dealers and cooperatives licensed or   subject to license under this article, for the  purpose  of  determining   how payments to producers for the milk handled are computed, whether the   amounts  of  such  payments are fair, and whether any provisions of this   chapter affecting such payments, directly or indirectly,  have  been  or   are  being violated, and for the purpose of determining the costs of the   handling, distribution and marketing of milk and milk products, and  for   the purpose of determining the manner of disposition of the total income   of  each and every milk dealer and cooperative. For the purposes hereof,   the commissioner or any employee designated for that purpose shall  have   access to and may enter at all reasonable hours all places where milk is   being  stored,  bottled  or manufactured or where milk and milk products   are being bought, sold or handled, and where books, papers,  records  or   documents  relating  to  such  purchase or sale are kept, and shall have   power to inspect and copy and audit all of said books and accounts.   No   person  or corporation shall in any way hinder or delay the commissioner   or  any  employee  in  conducting  such  examination   or   audit.   The   commissioner may reveal any of the findings of such examination or audit   to  the  producers interested therein, or may publish all or any part of   such findings, as in his judgment will best serve  the  public  interest   and accomplish the purposes of this chapter.
NY Agric & Mkts L § 256-B (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 256-B - Accounting of Milk Dealers and Cooperatives to Producers.

§ 256-b. Accounting of milk dealers and cooperatives to producers.  1.   For  purposes of this section, any corporation or association of persons   engaged in the production of agricultural products and operating for the   mutual benefit of its members in conformity with the requirements of the   Capper-Volstead  Act,  and  any  federation  of  such  corporations   or   associations, shall be deemed to be a cooperative.2. Every milk dealer and cooperative, subject to license or regulation   under  this  article,  in  making payments to producers for milk sold or   delivered to such dealer or cooperative, shall  clearly  set  forth  the   unit  price  for  such  milk,  whether determined pursuant to federal or   state market order or pursuant to agreement, together with the amount of   all premiums, subsidies or differentials, all deductions, service  fees,   hauling  charges,  supply  expenses,  costs or adjustments of any nature   whatsoever, in such a manner as to fully disclose to  the  producer  the   rate, basis and manner of computing such payment.3.  Each cooperative subject to license or regulation pursuant to this   article shall, prior to its annual meeting, mail or personally deliver a   copy of a written report of audit,  prepared  in  the  form  and  manner   prescribed  under  section  seventy-five of the cooperative corporations   law, to each member  of  the  cooperative  and  to  individual  producer   members  of any constituent cooperatives. The printing of such report in   a  publication  regularly  distributed  to  the   cooperative's   entire   membership shall satisfy the delivery requirement.4. Each milk producer who applies for membership in such a cooperative   shall,  prior  to  issuance  of a membership certificate or entry into a   milk marketing agreement with the  cooperative,  be  provided  with  the   following  documents  of  such  cooperative  and  of  any  federation of   cooperatives of which it is a member: (a) a copy  of  the  cooperative's   written  report  of  audit  required to be provided to the cooperative's   membership, pursuant to subdivision  three  of  this  section,  for  the   fiscal  year  preceding  the date of such application; (b) a copy of the   certificate of incorporation; (c) a copy of the bylaws in effect at  the   time  of  such  producer's application for membership; and (d) a written   statement  of  the  current  equity  requirements  and  policy  on   the   allocation of net margins and losses.5.  The commissioner may make or permit disclosure of a written report   of audit made pursuant to subdivision three  of  this  section  for  any   cooperative subject to license or regulation pursuant to this article.6.  The commissioner may promulgate rules and regulations necessary to   assure such uniform requirements as will carry  out  the  provisions  of   this section.
NY Agric & Mkts L § 257 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 257 - Licenses to Milk Dealers.

§ 257. Licenses to milk dealers. 1. No milk dealer shall buy milk from producers  or  others or deal in, handle, sell or distribute milk unless such dealer be duly licensed as provided in this article.  It  shall  be unlawful  for  a  milk  dealer  to  buy milk from or sell milk to a milk dealer who is unlicensed, or in any way deal in or handle milk which  he has  reason  to  believe  has  previously  been  dealt  in or handled in violation of the provisions of this chapter.   2. The commissioner may by official  order  exempt  from  the  license requirements  provided  by  this  article,  milk dealers who purchase or handle milk in a total quantity not exceeding three thousand  pounds  in any  month,  and/or milk dealers selling milk in any quantity in markets of one thousand population or less.   3. A store shall be exempt from the license requirements  provided  by this article if such store does not engage in the customary functions of a milk dealer and meets all the following conditions:  (a)  Sells  no  milk other than that purchased or received from a duly licensed milk dealer, or a milk dealer exempted by official order of the commissioner from the license requirements of this article.  (b) Does not operate a milk pasteurizing plant.  (c) Delivers no milk to  hotels,  restaurants,  lunch  counters,  soda fountains, or any eating establishment to be consumed on the premises.  (d) Sells not more than three thousand pounds of milk in any month for off-premises delivery.  (e)  Does  not  deliver  or  transport  or  cause  to  be delivered or transported milk to a store or stores, except  milk  delivered  to  such store by a licensed milk dealer or milk dealers.  (f) Does not sell milk to other stores.  (g)  Does  not  purchase,  buy,  sell  or  deal  in milk received from unlicensed dealers.   4.  Farmers  (including   individuals   and   partnerships   but   not corporations)  selling not more than one hundred quarts daily average of milk, or any amount of milk pasteurized on the farm where  produced,  to customers  coming  there  for  it  shall  be  exempt  from  the  license requirements provided by this article.   5. Any person who sells food and beverages  through  vending  machines shall  be  exempt  from  the  licensing  requirements provided that such person (a) sells no milk in bulk or in containers that are greater  than one  pint  in  size;  (b)  sells  no  milk  other than that purchased or received from a duly licensed milk dealer, or a milk dealer exempted  by official order of the commissioner from the license requirements of this article;  (c)  does  not  operate  a milk pasteurizing plant; and (d) is subject to those provisions of the state sanitary code that regulate the sale of food and beverages through vending machines.
NY Agric & Mkts L § 257-A (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 257-A - Transportation and Storage of Milk.

§ 257-a. Transportation   and   storage   of   milk.  1.  Any  vehicle   transporting pasteurized milk for retail  sale  in  the  same  container   shall  be  transported  in  a  vehicle  capable of maintaining milk at a   temperature of at least forty-five degrees fahrenheit or cooler.2. It shall be unlawful for milk excluding UHT/aseptic  packaged  milk   and  milk  products  to  be  shipped  or  stored  in  the  same enclosed   refrigerated  compartment  which  contains  any   hazardous   or   toxic   chemicals,  or  solid waste.   "Toxic and hazardous chemicals" shall not   mean common household products  normally  sold  in  grocery  stores  and   supermarkets   or   those   products  normally  provided  to  commercial   establishments by a food service company, that are packaged and  handled   in  a manner which avoids contamination of milk or milk products. "Solid   waste" shall not mean any packaging that is approved for reuse  such  as   returnable milk bottles.3. It shall be the responsibility of any milk dealer who sells milk or   dairy  products  intended  for  resale  to another distributor to obtain   certification from such distributor that  the  requirements  for  proper   refrigeration transportation as provided in this section are met.4.  The commissioner may exempt persons who purchase or handle milk in   a  total  quantity  not  exceeding  twenty  gallons  per  day  from  the   requirements of this section.
NY Agric & Mkts L § 258 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 258 - Application for License.

§ 258. Application  for license. An applicant for a license to operate   as a milk dealer shall file an application upon a blank  prepared  under   authority  of  the  commissioner.    An applicant shall state such facts   concerning his circumstances and  the  nature  of  the  business  to  be   conducted  as  in  the opinion of the commissioner are necessary for the   administration of this chapter.  Such application shall  be  accompanied   by  the  license  fee required to be paid. The commissioner may, for the   purpose of establishing the rate of license fees and otherwise  carrying   out the duties of the commissioner under this chapter, classify licenses   and  issue  licenses  to  milk  dealers  to  carry  on a certain kind of   business, including but not limited to the purchase  of  milk,  sale  or   distribution  of milk, processing or manufacture of milk, bargaining and   collecting for the sale of milk,  dealing  in  or  brokering  milk,  and   hauling  milk. Upon a finding that the applicant qualifies for a license   under the standards set forth in section two  hundred  fifty-eight-c  of   this article, the commissioner shall issue such applicant a license.A license shall be for a period not exceeding one year. An application   for  renewal of license must be duly made at least sixty days before the   expiration of such license by all milk dealers then doing business.
NY Agric & Mkts L § 258-A (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 258-A - License Fees.

§ 258-a. License   fees.  1.  A  milk  dealer  receiving,  purchasing,   handling or selling during any of the twelve calendar months immediately   preceding the period for which the license is  issued  a  daily  average   total  quantity  of  milk not exceeding four thousand pounds shall pay a   license fee of  one  hundred  dollars;  and  for  each  additional  four   thousand pounds of milk or fraction thereof received, purchased, handled   or  sold, the license fee shall be increased forty dollars. In no event,   however, shall a license fee in excess of seven  thousand  five  hundred   dollars be required.2.  An applicant who has not previously engaged in such business shall   pay the minimum license fee as provided herein for the type of  business   which he proposes to conduct. Any such applicant who during any calendar   month  of  the  first  year  covered by his license receives, purchases,   handles or sells a greater quantity of milk than  that  upon  which  the   license fee paid by such milk dealer was based shall for each additional   four  thousand  pounds  of  milk  or  fraction thereof pay an additional   license fee of forty dollars.3. It is not the  intent  that  milk  utilized  by  the  applicant  or   licensee  or  sold  by him in the form of manufactured products shall be   included in the determination of the amount of license fee. Sales  by  a   milk  dealer  of  milk outside of the state not involving the receipt or   handling or distribution within the state shall not be included  in  the   determination of the license fee.4.  The  commissioner may, by rule or order, provide for licensing, at   any rate of license fee less than  the  rates  herein  fixed,  any  milk   dealer  or  class  of milk dealers which he is authorized to exempt from   license requirements.5. A milk dealer who neither buys nor sells milk but  who  operates  a   plant  in  which  milk  is pasteurized, processed or handled shall pay a   license fee of one hundred dollars.6. A milk dealer which  is  a  producers'  bargaining  and  collecting   cooperative  and  does not operate milk plants or handle milk physically   or operate farm bulk tank milk routes shall pay a  license  fee  of  one   hundred dollars.7.  A  milk  dealer who neither buys nor sells milk but who operates a   plant in which milk is manufactured shall  pay  a  license  fee  of  one   hundred dollars.8. A milk broker shall pay a license fee of one hundred dollars.9. A milk dealer who is not a cooperative corporation and who does not   buy  or  sell milk but who hauls milk for other milk dealers shall pay a   license fee of one hundred dollars.10. Notwithstanding any law to  the  contrary,  all  receipts  of  the   department  pursuant to this section shall be deposited in an account in   the miscellaneous special revenue fund and shall be available solely for   the administration of this article. The comptroller  is  authorized  and   directed  to  permit  interest earnings on any balances to accrue to the   benefit of this account.
NY Agric & Mkts L § 258-D (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 258-D - Proceedings to Review.

§ 258-d. Proceedings  to  review.  The  action  of the commissioner in   refusing to grant or renew a license, or in  revoking  or  suspending  a   license,  or  in  conditioning  or limiting the granting or renewal of a   license, may be reviewed in the manner provided by article seventy-eight   of  the  civil  practice  law  and  rules,  and  the  decision  of   the   commissioner  shall  be final unless within thirty days from the date of   service thereof upon the party affected thereby a  court  proceeding  is   instituted  to  review such action. The pleadings upon which such review   proceeding is instituted shall be served upon the commissioner  or  upon   an  assistant  commissioner,  personally, in the manner provided for the   personal service of a summons in an action unless a different manner  of   service  is  provided  in  an order to show cause granted by the supreme   court.