NY Lab L § 345-B (2021)
2021 New York Laws LAB - Labor Article 12-A - Special Task Force for the Apparel Industry 345-B - Confiscation of Goods.

§  345-b.  Confiscation of goods. 1. The commissioner may, in addition   to seeking civil, administrative or criminal penalties pursuant to  this   article,  order  the  special  task force to confiscate any partially or   completely assembled articles of apparel and any equipment used  in  the   assembly of apparel from any manufacturer or contractor who is violating   any  provision  of this article and who has previously been found liable   for  a  civil  or  administrative  penalty  for  two  or  more  separate   violations  of  the  provisions  of  this article during the immediately   preceding three-year period. Such order of  confiscation  shall  require   that  such  articles  of  apparel  and  equipment  shall  be held in the   premises at which such confiscation occurs and that  such  articles  and   equipment shall be secured by any means, including the use of a padlock,   to  render  such articles and equipment inaccessible; provided, however,   that the commissioner shall not secure any dwelling unit or other  space   lawfully used for residential purposes.2.  Such  order  of  confiscation  shall  be  posted  upon the secured   premises and shall give notice  that  removal  of  secured  property  is   prohibited  by  law.  Removal  of  such posted order while it remains in   force shall be punishable by a fine of five hundred dollars. Any attempt   to remove secured articles and equipment while  such  order  remains  in   force  shall  be punishable by a fine not to exceed one thousand dollars   or by imprisonment not to exceed six months or both.  The  special  task   force  shall deliver the keys to the fee owner, lessor or lessee of such   premises if such owner, lessor or lessee  is  not  the  manufacturer  or   contractor who is in violation of the provisions of this article.3.  Such  articles  and  equipment  shall  remain  secured pursuant to   subdivision one of this section until such order of confiscation becomes   final  or  until  a  final  determination  of  any  appeal  pursuant  to   subdivision four or five of this section of such order is rendered.4.  Within  five  days  of confiscation pursuant to subdivision one of   this  section,  the  commissioner  shall  provide  the  manufacturer  or   contractor  who  is  in  violation  of any provision of this article and   whose articles of apparel  and  equipment  have  been  confiscated  with   notification  of  such  violation  and  confiscation  by certified mail,   return receipt requested, and with an opportunity to  request  from  the   commissioner  by  certified  mail,  return  receipt requested, a hearing   within fifteen days following receipt of such notice. If  a  hearing  is   requested,  it  shall  be held within ten days following receipt of such   request, and the commissioner may issue a final confiscation order  upon   such  hearing  and a finding that a violation has occurred. If a hearing   is not requested, the commissioner  shall  issue  a  final  confiscation   order  upon  the expiration of such fifteen-day period. The manufacturer   or contractor may appeal the final confiscation order to  the  appellate   division  of the supreme court within thirty days following the issuance   of such final confiscation order.5. Upon issuance of a final confiscation order or, if  such  order  is   appealed,  upon  a  final  resolution upholding such order, title to the   confiscated articles and equipment shall vest in  the  state,  and  such   items  shall  be  sold  at auction within sixty days from the vesting of   title. Proceeds of the auction  shall  be  applied  to  enforcement  and   administrative  costs  of  the  special  task force. Any remaining items   shall be disposed of pursuant to regulations issued by the commissioner.