NY Agric & Mkts L § 240 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 19 - Refrigerated Warehouses and Locker Plants 240 - Length of Storage Period.

§ 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.