reglab/statecodes huggingface dataset:
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 15 - Seal of Department.

§ 15. Seal of department.  The department shall have an official seal,
  to  be  prepared and furnished by the secretary of state, as provided by
  law. Such seal shall be used for the authentication of  the  orders  and
  proceedings  of  the  commissioner  and  for  such other purposes as the
  commissioner may prescribe.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 16-A - Food Products Containing Nitrous Oxide; Packaging.

§ 16-a. Food   products   containing  nitrous  oxide;  packaging.  The
  commissioner shall promulgate rules and regulations to require that  all
  food  products  containing  nitrous  oxide be offered for sale in tamper
  evident packaging. For the purposes of this section,  the  term  "tamper
  evident  packaging"  shall mean packaging having an indicator or barrier
  to entry which, if breached or missing, can reasonably  be  expected  to
  provide visible evidence to consumers that tampering has occurred.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 16-B - Public Awareness Campaign Regarding Lyme Disease and Other Tick-Borne Diseases.

§  16-b.  Public  awareness  campaign regarding Lyme disease and other
  tick-borne  diseases.  The  commissioner,  in  consultation   with   the
  commissioner  of  health,  shall  develop and conduct a public awareness
  campaign regarding Lyme  disease  and  other  tick-borne  diseases.  The
  campaign  may  utilize  public  forums,  social  media  and  mass media,
  including but not limited to internet, radio, and print advertising  and
  shall include materials and information on the department's website. The
  campaign  shall  be tailored to educate farmers, farm workers, and other
  agricultural employees regarding: (a) Lyme disease and other  tick-borne
  diseases;  (b)  recognition  of  the  symptoms of Lyme disease and other
  tick-borne diseases; (c) the available treatments for Lyme  disease  and
  other tick-borne diseases; and (d) preventive measures that may be taken
  to  lessen  the  threat  posed  by  ticks carrying Lyme disease or other
  tick-borne diseases.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 17 - Delegation of Powers.

§ 17. Delegation  of powers.  (a) The commissioner may delegate any of
his powers to, or direct any of his duties to be performed by, a  deputy
commissioner  or  the  director  of  a  bureau  and,  except where it is
otherwise provided in this chapter or the  context  otherwise  requires,
may  delegate  any  of  such  powers  to  any officer or employee of the
department.
(b) The commissioner, except when it is  otherwise  provided  in  this
chapter  or  the  context  otherwise  requires,  may also delegate to an
officer or employee of the  United  States  department  of  agriculture,
engaged   within  this  state  in  joint  or  cooperative  state-federal
programs, any of the powers invested in him  by  article  five  of  this
chapter  for  the  control,  suppression  or eradication of communicable
diseases in domestic animals  or  domestic  fowls,  any  of  the  powers
invested   in  him  by  article  five-B  of  this  chapter  relative  to
ante-mortem and post-mortem inspection of animals slaughtered  for  food
purposes  and  processing  inspection of meat, meat by-products and meat
food products, any of the powers invested in him by  article  five-D  of
this  chapter  relative to ante-mortem inspection of poultry slaughtered
for  human  food,  post-mortem  inspection  of  poultry  carcasses   and
inspection  of  poultry and poultry products, any of the powers invested
in him by article fourteen of this chapter in the control or eradication
of injurious insects or plant diseases, and any of the  powers  invested
in  him by subdivisions four and five of section sixteen of this chapter
relative  to  the  collection,  analysis  and  publication  of   primary
statistical  data  relating to agricultural products of this state. Such
delegation shall be in writing and shall state the  specific  limits  of
the powers so delegated.
(c) Whenever by the education law or other statute the commissioner is
made a member by virtue of his office of the board of visitors, managers
or  trustees  or  other  similar  body of a state institution, he may in
writing authorize and empower a deputy commissioner,  the  secretary  of
the department or the director of a bureau to act in his place and stead
at any meeting or meetings of any such board or body.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 18 - Rules of Department.

§ 18. Rules  of  department. Subject and in conformity to this chapter
  and the constitution and laws of the state, the commissioner may  enact,
  amend and repeal necessary rules which shall
1. Regulate and control the transaction of business by the department,
  provide for the exercise of the powers and the performance of the duties
  of the department and prescribe the powers and duties of the bureaus and
  of the directors of bureaus and other officers and employees thereof;
2. Provide for carrying into effect the provisions of this chapter and
  of the laws of the state in respect of food and food traffic;
3.  Regulate  the  conduct  of  investigations, inquiries and hearings
  authorized by this chapter and prescribe necessary forms and notices;
4. Establish official grades for foods and farm products and prescribe
  the use of such  grades,  and  provide  for  the  marking,  packing  and
  shipping of foods and farm products so graded.
5. Establish uniform tolerances or amounts of reasonable variation for
  containers  of food and provide uniform regulations for carrying out the
  provisions of this chapter in relation to such containers.
6. Provide generally for the exercise of the powers and performance of
  the duties of the department as prescribed in this chapter and the  laws
  of  the  state  and  for  the  enforcement  of  their provisions and the
  provisions of the rules enacted as herein provided.
The rules of the department in force at the time  this  chapter  takes
  effect  shall  continue as the rules of the department, until amended or
  repealed by the commissioner.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 19 - Publication of Rules.

§ 19. Publication  of  rules.  Every rule or regulation enacted by the
  commissioner pursuant to the provisions of this chapter and intended  to
  have  the  force of law shall be promptly published once in the New York
  state bulletin, published by the department of state pursuant to section
  one hundred sixty of the executive law. A copy of  every  such  rule  or
  regulation  certified  by the commissioner, a deputy commissioner or the
  secretary of the department shall be promptly filed with  the  secretary
  of  state.  Every  such rule or regulation shall take effect twenty days
  after such filing, unless some other date  of  taking  effect  shall  be
  prescribed by the commissioner.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 20 - Access to Place of Business.

§ 20. Access  to  place  of  business.  The  commissioner, each deputy
  commissioner and the directors, counsel, experts, chemists,  agents  and
  other officers and employees of the department shall have full access to
  all places of business, factories, farms, buildings, carriages, cars and
  vessels   used   in   the  production,  manufacture,  storage,  sale  or
  transportation within the state of any dairy products or  any  imitation
  thereof,  or  of  any  article  or  product  with  respect  of which any
  authority is conferred by this  chapter  on  the  department.  They  may
  examine  and  open  any  package  or container of any kind containing or
  believed to contain any article or product, which may  be  manufactured,
  sold or exposed for sale in violation of the provisions of this chapter,
  or of the rules of the department, and may inspect the contents therein,
  and take therefrom samples for analysis.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 20-A - Search Warrant in Aid of the Commissioner of Agriculture.

§ 20-a. Search  warrant  in aid of the commissioner of agriculture.  A
  search warrant, in the name of the people, directed to a police  officer
  commanding  him  to  search  for  dairy products, imitations thereof and
  substitutes therefor, to open any place of business, factory,  building,
  store,  bakery, hotel, tavern, boarding house, restaurant, saloon, lunch
  counter, place of public entertainment, carriage,  car,  boat,  package,
  vessel,  barrel, box, tub or can, containing, or believed to contain the
  same, in the possession or under the control of  any  person  who  shall
  refuse  to  allow the same to be inspected or samples taken therefrom by
  the commissioner of agriculture, a deputy commissioner or any person  or
  officer authorized by the commissioner or by the agriculture and markets
  law  or to which access is refused or prevented, and to allow and enable
  the officer mentioned  in  section  fifty-one  of  the  agriculture  and
  markets  law  applying  therefor to take such samples of dairy products,
  imitations thereof and substitutes therefor, found in the  execution  of
  the  warrant,  as  the  officer  applying  for  the search warrant shall
  designate when the same are found, shall be issued by any court to which
  application is made therefor, whenever it shall be  made  to  appear  to
  such  court  that  such person has refused to permit any dairy products,
  imitations thereof or substitutes therefor, to be inspected  or  samples
  taken  therefrom,  or  that  access  thereto by any officer mentioned in
  section fifty-one of the agriculture and markets law has been refused or
  prevented, and that such officer has reasonable  grounds  for  believing
  that   such  person  has  any  dairy  products,  imitations  thereof  or
  substitutes therefor in his possession, or under his control, or that he
  is violating any of the provisions of the agriculture  and  markets  law
  relating  thereto.  The  provisions of article six hundred ninety of the
  criminal procedure law shall apply to such warrant as far as  applicable
  thereto.  The  officer  to  whom  the  warrant is delivered shall make a
  return in writing of his proceedings thereunto to the court which issued
  the same.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 21 - Interference With Department Employees in Performance of Duties; Bribery.

§ 21. Interference with department employees in performance of duties;
  bribery. No person shall attempt, by means of any threat or violence, to
  deter or prevent an inspector, agent or other employee of the department
  from performing any duty imposed by law upon him or upon the department;
  nor shall any person give or offer a bribe or any valuable consideration
  to any inspector, agent or other employee of the department to influence
  him in respect to any official act or duty.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 22 - Power to Administer Oaths and Compel Testimony.

§ 22. Power   to   administer   oaths   and   compel   testimony.  The
  commissioner, a deputy commissioner, the secretary  or  counsel  of  the
  department,  or  any  other  officer  or employee duly authorized by the
  commissioner, may administer oaths and take affidavits  in  relation  to
  any matter or proceeding in the exercise of the powers and duties of the
  department   under   this   chapter.   The  commissioner,  or  a  deputy
  commissioner may subpoena and require the attendance  of  witnesses  and
  the  production  of  books,  papers  and  documents  pertaining  to  the
  investigations  and  inquiries  which  such   commissioner   or   deputy
  commissioner  is  authorized to conduct, and examine them in relation to
  any matter to be investigated by them  and  issue  commissions  for  the
  examination of witnesses who are out of the state or unable to attend or
  excused from attendance.
Any  person  who  shall  wilfully  testify  falsely as to any material
  matter pending in an investigation  or  proceeding  under  this  chapter
  shall be guilty of and punishable for perjury.
An  officer  who  serves  the  subpoenas  issued as above provided and
  witnesses attending in response thereto shall be entitled  to  the  same
  fees as are allowed to officers and witnesses in civil actions in courts
  of  record,  to be audited and paid in the same manner as other expenses
  of the department.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 23 - Records, Documents and Papers of the Department.

§ 23. Records,   documents   and   papers   of   the  department.  All
  proceedings, documents, papers and records filed or deposited  with  the
  department  relating to matters within its jurisdiction and powers shall
  be public records; except such portions  thereof  as  are  received  and
  accepted  by  the  commissioner, as being of a confidential nature which
  when so received and accepted shall not be subject to  subpoena.  Copies
  of all official documents and orders so filed or deposited, certified by
  the  commissioner,  a deputy commissioner, counsel, a division director,
  or an assistant director under the seal of the  department  to  be  true
  copies  of  the  originals,  shall  be  evidence  in  like manner as the
  originals.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 24 - Publication of Department Bulletins, Publications and Reports.

§ 24. Publication  of  department bulletins, publications and reports.
  There may be published by the department from time to time bulletins  or
  other  publications and reports containing accurate data, statistics and
  information.
1. As to agriculture, agricultural production, agricultural labor  and
  the  agricultural  conditions  of  the  state,  and  the development and
  improvement thereof, with a  view  of  increasing  farm  production  and
  values;
2.  As  to  the sources, supply and prices of foods, their storage and
  accumulation at different places, and the quantities and location of the
  available supply thereof;
3. As to the market prices of foods;
4.  As  to  facilities  afforded  for  transportation,  marketing  and
  distribution of foods within the state;
5.  As to matters pertaining generally to the production of foods, the
  actual  food  value  of  articles  used  as  foods,  and  the  sale  and
  distribution  thereof  to  the  consumers,  which  in the opinion of the
  commissioner will prove valuable or of interest to the public;
6. As to investigations, hearings and inquiries conducted as  provided
  in  this  chapter,  the  conclusions  reached as to the matters involved
  therein, and the orders and recommendations made as a result thereof;
7. As to any other matter which the commissioner deems proper.
Such bulletins, publications and reports and the information contained
  therein shall be published and distributed in the manner deemed best  by
  the   commissioner   for  the  dissemination  of  knowledge  as  to  the
  agricultural and dairy interests of the state and the production,  sale,
  purchase, storage, marketing and distribution of foods, and the economic
  and  food  value  of articles used as food.  The cost of publishing such
  bulletins, publications and reports shall be paid in the same manner  as
  other  expenses  of  the department out of appropriations made therefor.
  Copies of the bulletins, publication and reports of the  department  may
  also  be sold to the public at the estimated cost thereof, in accordance
  with a schedule of charges which the commissioner is  hereby  authorized
  to adopt.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 26 - Transfer of Property and Records in Custody of Council of Agriculture and Markets.

§ 26. Transfer  of  property  and  records  in  custody  of council of
  agriculture and markets.   The  property,  records,  books,  papers  and
  documents,  if any, in the custody, possession or control of the council
  of agriculture and markets at the time this section takes effect,  which
  pertain  or  relate  to  any  of the functions, powers and duties of the
  department of agriculture and markets or of the council, which is hereby
  abolished,  shall  be  delivered  and  belong  to  the   department   of
  agriculture and markets.
2023 New York Laws › AGM - Agriculture and Markets › Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties › 28 - Advisory Group for Improving Urban and Rural Consumer Access to Locally Produced, Healthy Foods.

* §  28.  Advisory group for improving urban and rural consumer access
  to locally produced, healthy foods. The commissioner  shall  convene  an
  advisory  group  with  representatives  from  agriculture,  food  access
  organizations, food  retailers  and  economic  development  agencies  to
  identify  strategies and opportunities to expand access for underserved,
  nutritionally deficient urban and rural communities to healthy,  locally
  produced   food  in  New  York  state,  including  identifying  new  and
  innovative  methods  to   increase   the   production,   marketing   and
  distribution  of locally produced, fresh food in such communities in New
  York state.
Not later than one year after the effective date of  this  section,  a
  report  shall  be  delivered by the commissioner to the governor and the
  legislature on the findings and recommendations of such advisory group.
* NB Repealed after the report  required  to  this  section  has  been
  delivered.
2023 New York Laws › AGM - Agriculture and Markets › Article 2-A - Division of the New York State Fair › 31-A - Organization.

§ 31-a. Organization.   There shall continue to be in the department a
  division to be known as the division of the New  York  state  fair.  The
  head of such division shall be a director, who shall be appointed by the
  commissioner.   In addition to the functions, powers and duties provided
  in this article, such division shall continue to exercise  and  perform,
  subject  to  the  provisions  of this article, the functions, powers and
  duties  of  the  former  state  fair  commission,  as  provided  by  law
  immediately prior to January first, nineteen hundred and twenty-seven.
2023 New York Laws › AGM - Agriculture and Markets › Article 2-A - Division of the New York State Fair › 31-B - State Fair.

§ 31-b. State  fair.  It shall be the duty of the department to hold a
  state fair to be known as the New York state fair at such  times  as  it
  may  deem  proper,  and  between January first and February fifteenth in
  each calendar year to publish the time for holding  said  fair  in  such
  year.  If  such  fair be held on the first Monday of September, known as
  labor day, the department shall designate such day as  "organized  labor
  day."  It  shall  not  be  lawful  for  any  corporation, association or
  individual to hold or conduct any  trotting  or  pacing  race  or  races
  during  the  week  in which the New York state fair is held, except upon
  half-mile tracks, and except at the fairs held by agricultural societies
  which  have  received  moneys  from  the  state,  and  no   corporation,
  association  or  individual holding such races during said week shall be
  entitled to any of the benefits  conferred  by  article  twenty  of  the
  membership  corporations  law,  or  by  any  general or special law. The
  department may make, alter, suspend or repeal needed rules  relating  to
  such  fair,  including  the  times  and  duration thereof, the terms and
  conditions of entries and  admissions,  exhibits,  sale  of  privileges,
  payments  of premiums, and any other matters which it may deem proper in
  connection with such fair. It shall furnish to each person who,  on  the
  seventeenth  day  of January, nineteen hundred, was a life member of the
  state agricultural society, a free admission to the fair  ground  during
  the fair of each year during the life of such member.
2023 New York Laws › AGM - Agriculture and Markets › Article 2-A - Division of the New York State Fair › 31-C - Receipts and Disbursements.

§ 31-c. Receipts  and disbursements.  The department shall receive all
  moneys payable to the state  on  account  of  said  fair  and  make  all
  disbursements  therefrom  and  also from any appropriation made for that
  purpose by the legislature as may be  needed,  from  time  to  time,  in
  carrying  on  the  work of the department. The provisions of section one
  hundred twenty-one  of  the  state  finance  law  requiring  that  money
  received  for  or  on behalf of the state shall be paid monthly into the
  state treasury shall not apply to the proceeds of the  state  fair,  and
  the  department  may  pay  from  the  race  and  other  entry fees, gate
  admissions and other receipts of such fair such  expenses  as  shall  be
  necessary  for  the  proper  conduct  of the New York state fair and the
  purposes of the department.  Any balance remaining in its hands received
  in connection with the state fair shall be retained by the department of
  agriculture  and  markets  as  a  special  fund   for   such   permanent
  constructions  on  the state fair grounds or for administration expenses
  as shall be approved by the director of the budget, the chairman of  the
  finance  committee  of the senate and the chairman of the ways and means
  committee of the assembly.
2023 New York Laws › AGM - Agriculture and Markets › Article 2-C - Community Gardens › 31-F - Legislative Findings.

§  31-f.  Legislative  findings.  The  legislature  hereby  finds  and
  declares that community gardens provide significant health,  educational
  and  social  benefits  to  the  general public, especially for those who
  reside in urban and suburban areas of this state. Furthermore, it is the
  articulated public policy of this state to promote and foster growth  in
  the  number  of  community  gardens and the acreage of such gardens. The
  community garden movement continues to provide low  cost  food  that  is
  fresh  and  nutritious  for those who may be unable to readily afford or
  have easy access to fresh fruits and vegetables for themselves or  their
  families,  promotes public health and healthier individual lifestyles by
  encouraging better eating habits  and  increased  physical  activity  by
  growing  their  own  food,  fosters  the retention and expansion of open
  spaces, particularly in urban environments, enhances urban and  suburban
  environmental quality and community beautification, provides inexpensive
  community  building activities, recreation and physical exercise for all
  age groups, establishes a safe place for community involvement and helps
  to reduce the  incidence  of  crime,  engenders  a  closer  relationship
  between urban residents, nature and their local environment, and fosters
  green  job  training  and  ecological  education  at  all  levels. It is
  therefore the intent of the legislature and the purpose of this  article
  to  foster  growth in the number, size and scope of community gardens in
  this state by encouraging state  agencies,  municipalities  and  private
  parties in their efforts to promote community gardens.
2023 New York Laws › AGM - Agriculture and Markets › Article 2-C - Community Gardens › 31-G - Definitions.

§ 31-g. Definitions.  As  used in this article, unless another meaning
  is clearly indicated:
1. "Community garden" shall mean public or private  lands  upon  which
  citizens of the state have the opportunity to garden on lands which they
  do not individually own.
2.  "Garden"  shall mean a piece or parcel of land appropriate for the
  cultivation of herbs, fruits, flowers,  nuts,  honey,  poultry  for  egg
  production,   maple  syrup,  ornamental  or  vegetable  plants,  nursery
  products, or vegetables.
3. "Municipality" shall mean any county, town, village,  city,  school
  district,  board  of  cooperative  educational  services,  other special
  district, or any office or agency thereof.
4. "Office" shall mean the office of community gardens.
4-a. "State agency" shall mean  any  department,  bureau,  commission,
  board,  public  authority  or  other  agency of the state, including any
  public benefit corporation  of  which  any  member  of  whose  board  is
  appointed by the governor.
5.  "Use"  shall  mean  to  avail  oneself  of  or  to  employ without
  conveyance of title gardens on vacant public lands by any individual  or
  organization.
6.  "Vacant  public  land" shall mean any land owned by the state or a
  public corporation including a municipality that is not  in  use  for  a
  public  purpose,  is  otherwise  unoccupied,  idle or not being actively
  utilized for a period of at least six months and is suitable for  garden
  use.
2023 New York Laws › AGM - Agriculture and Markets › Article 2-C - Community Gardens › 31-H - Office of Community Gardens; Powers; Duties.

§ 31-h. Office   of   community   gardens;   powers;  duties.  1.  The
  commissioner  shall  establish  within  the  department  an  office   of
  community  gardens which shall have the authority and responsibility for
  carrying out the provisions of this  article  in  cooperation  with  the
  state  department  of  environmental  conservation,  the state education
  department, the department of state, cooperative  extensions  and  other
  state agencies and municipalities.
2. The duties of the office shall include:
a.  Upon  request,  the  office  shall assist in the identification of
  vacant public land within a  given  geographical  location  and  provide
  information  regarding  agency jurisdiction and the relative suitability
  of such lands for community gardening purposes;
b. Serve as a coordinator on behalf of interested community groups and
  the appropriate state or local agencies to facilitate the use of  vacant
  public  lands  for  community  garden  use for not less than one growing
  season  by  receiving  and  forwarding  with  recommendation   completed
  applications  to  the  appropriate  state or municipal agency. Provided,
  further, that the office may develop a  single  recommended  application
  form  to  be used by community groups when applying to state agencies or
  municipalities for use  of  vacant  public  land  for  community  garden
  purposes;
c.  Support  and  encourage  contact between community garden programs
  already in existence  and  those  programs  in  the  initial  stages  of
  development;
d. Seek and provide such assistance, to the extent funds or grants may
  become available, for the purposes identified in this article;
e.  Assist, support and encourage contact and cooperation between, and
  the cooperative sharing of resources between  community  garden  groups,
  school  garden  programs  and  local voluntary food assistance programs,
  such as community food pantries,  soup  kitchens,  senior  centers,  and
  other   community  and  not-for-profit  organizations  that  provide  or
  distribute food to the elderly, poor, and  disadvantaged.  Such  support
  can  include  the  provision  of  surplus community garden food or other
  agricultural products to such local voluntary food assistance  programs;
  and
f.  Assist,  support  and  encourage communication, and the sharing of
  resources between community garden organizations, the New  York  Harvest
  For New York Kids Week program established by the department pursuant to
  subdivision  five-b  of  section  sixteen of this chapter and individual
  farm-to-school and school garden programs, and,  where  applicable,  the
  department  of  health,  the department of state, the office of children
  and family services and the division of housing and community renewal.
2023 New York Laws › AGM - Agriculture and Markets › Article 2-C - Community Gardens › 31-I - Use of State or Municipally Owned Land for Community Gardens.

§ 31-i. Use  of state or municipally owned land for community gardens.
  1. Any state agency or municipality with title in fee  or  of  a  lesser
  interest to vacant public land may permit community organizations to use
  such  lands  for community gardening purposes. Such use of vacant public
  land  may  be  conditioned  on  the  community  organization  possessing
  liability  insurance  and  accepting  liability  for  injury  or  damage
  resulting from use of the vacant public  land  for  community  gardening
  purposes.
2.   State   agencies   and  municipalities  which  have  received  an
  application for use of public lands for community garden purposes  shall
  respond   to   the  applicant  within  thirty  days  and  make  a  final
  determination within one hundred eighty days.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 32 - Investigations and Proceedings.

§ 32. Investigations  and  proceedings.    1. The commissioner, or any
  officer of the department  when  authorized  by  the  commissioner,  may
  investigate  and  report  as  to all matters within or pertaining to the
  powers and jurisdiction of the  department,  and  for  the  purposes  of
  carrying  into effect the provisions of this chapter or of any other law
  relative to matters  within  its  jurisdiction  and  the  rules  of  the
  department.
2.  Proceedings  may  be  instituted before the commissioner against a
  corporation, association or person upon the  written  complaint  of  any
  person   or  corporation  aggrieved  complaining  of  practices  in  the
  production,  sale,  transportation,  purchase,  storage,  marketing  and
  distribution of foods, in violation of any provision of law or the rules
  of  the department or of the terms of an order issued pursuant to law by
  the commissioner, under the provisions of this chapter or of  any  other
  law  the  enforcement  of  which  is  within  the  jurisdiction  of  the
  department,  or  the  rules  of  the  department,  made  in   conformity
  therewith.
3.  Upon the presentation of such complaint the commissioner may cause
  inquiries to be made as to the  matters  alleged  therein  and  if  such
  complaint appears to present a sufficient cause for investigation a copy
  of  such  complaint  shall  be  forwarded  to the person, association or
  corporation complained of and answer may be made thereto  in  accordance
  with the rules of the department.
4.  The  commissioner  shall  thereupon cause the charges presented by
  such complaint to be investigated as herein provided,  and  such  action
  shall be taken as the facts justify and as may be authorized by law.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 33 - Immunity of Witnesses.

§ 33. Immunity  of  witnesses.    In  any  investigation,  hearing  or
  inquiry, conducted  pursuant  to  this  chapter  or  the  rules  of  the
  department,  the  commissioner, or his deputy or other officer presiding
  at such investigation,  hearing  or  inquiry,  may  confer  immunity  in
  accordance  with  the  provisions  of  section  50.20  of  the  criminal
  procedure law.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 34 - Practice on Hearings; Attendance and Examination of Witnesses.

§ 34. Practice  on  hearings; attendance and examination of witnesses.
  1.  The  practice  on  all  investigations  and  hearings  conducted  or
  instituted as provided in this chapter shall be governed by the rules of
  the  department,  and  in  all  such  hearings  or  investigations where
  testimony is taken, the commissioner, or other  officer  conducting  the
  same, shall not be bound by the technical rules of evidence.
2.  All  subpoenas  shall  be signed and issued by the commissioner, a
  deputy commissioner or the counsel of the department.
The fees of witnesses shall be audited and paid in the same manner  as
  other  expenses  of the department. Whenever a subpoena is issued at the
  instance of a complainant, respondent or other party to the  proceeding,
  the  cost  of  the  service thereof and the fees of the witness shall be
  borne by the party at whose instance the witness is subpoenaed.
3. If a person subpoenaed to attend before the commissioner  or  other
  officer  of  the department, fails to obey the command of such subpoena,
  without  reasonable  cause,  or  if  a  person  in  attendance  upon  an
  investigation  or  hearing shall, without reasonable cause, refuse to be
  sworn or to be examined or to answer a question or to produce a book  or
  paper,  when ordered so to do by the officer or officers conducting such
  an investigation or hearing, or to subscribe and swear to his deposition
  after it has been correctly reduced to writing, if required so to do, he
  shall be guilty of a misdemeanor and may be prosecuted therefor  in  any
  court of competent criminal jurisdiction.
4.  A  subpoena  issued  under  this section shall be regulated by the
  civil practice law and rules.
5. Any person who shall wilfully testify falsely as  to  any  material
  matter  pending  in  an  investigation  or proceeding under this chapter
  shall be guilty of perjury.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 35 - Proceedings in Court.

§ 35. Proceedings  in  court.   If it appear after an investigation or
  hearing conducted as herein provided that  any  person,  association  or
  corporation  is  guilty of a violation of the provisions of this chapter
  or of any other act the enforcement of which is within the  jurisdiction
  of  the department, an action or proceeding may be instituted in a court
  of competent jurisdiction to recover a penalty for such violation or  to
  compel  a  compliance  with such provisions, or prevent a continuance of
  such violations.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 36 - Orders and Service Thereof.

§ 36. Orders  and  service thereof.   1. If it be ascertained after an
  investigation or hearing conducted as herein provided, that any  person,
  association  or  corporation has failed to comply with or is guilty of a
  violation of the provisions  of  this  chapter  or  of  a  rule  of  the
  department,  or  of  any  other  general  or special law relative to any
  matter within the jurisdiction of the department, an order may  be  made
  by  the  commissioner,  under  the  seal of the department, compelling a
  compliance with such law or rule.
2. Every such order shall be served upon every person, association  or
  corporation affected thereby, either by personal delivery of a certified
  copy  thereof,  or  by  mailing  a  certified  copy thereof with postage
  prepaid to the person affected thereby, or in case of a  corporation  or
  association,  to an officer or agent thereof, upon whom a summons may be
  served in accordance with the provisions of the civil practice act.
3. It shall be the duty of the person, association or corporation upon
  whom such order is so served to  notify  the  department  forthwith,  in
  writing, of the receipt of such order, and in the case of an association
  or  corporation  such  notification must be signed and acknowledged by a
  person or officer duly authorized by such association or corporation  to
  admit  service.  Within  a  time  specified  in the order, every person,
  association or corporation upon whom it is served must, if  so  required
  in  the order, notify the department in like manner whether the terms of
  the order are accepted and will be obeyed.
4. Every such order shall take effect at a time therein specified, and
  shall continue in force either for a period to be designated therein  or
  until changed or abrogated by the commissioner.
5.  If  such  hearing  is  held before a deputy commissioner, a report
  shall be made upon the termination of the hearing to  the  commissioner,
  with  recommendation  as to the determination which should be made as to
  the issues raised on such hearing. If the commissioner  find  upon  such
  report  or  upon  a  hearing  conducted  by  him, that the rule or order
  complained of is reasonable and  valid  he  shall  render  his  decision
  ratifying or confirming such rule or order; if he find that such rule or
  order  is  unreasonable  or  invalid,  he  shall revoke or modify it, or
  substitute a new rule or order in its place. If  such  modified  or  new
  rule  or  order  is  substantially  different  from  the  rule  or order
  complained of,  the  parties  affected  thereby  may  bring  before  the
  commissioner,   by  a  new  petition,  in  the  manner  above  provided,
  objections to its reasonableness or validity.
6. The decision of the commissioner  shall  be  final,  unless  within
  thirty  days  after  its  issuance  one of the parties shall institute a
  proceeding for the review thereof, as provided in section thirty-seven.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 36-A - Petition for Revocation or Modification of Rule or Order of the Commissioner.

§ 36-a. Petition  for  revocation  or modification of rule or order of
  the commissioner.   Any person  subject  to  a  rule  or  order  of  the
  commissioner,  promulgated under the provisions of article four, article
  four-a, or article twenty-one  of  this  chapter,  may  file  a  written
  petition  with  the  commissioner stating that any such rule or order or
  provision thereof or any obligation imposed in connection  therewith  is
  not   in   accordance  with  law  and  praying  for  the  revocation  or
  modification thereof. He shall thereupon be given an opportunity  for  a
  hearing  and ruling upon such petition in accordance with the provisions
  of subdivision five of section thirty-six of this article. The  decision
  of  the  commissioner shall be final unless within thirty days after its
  issuance one of the parties shall institute a proceeding for the  review
  thereof,  as  provided  in  the  next section, provided further that the
  pendency of  any  such  proceeding  shall  not  impede  or  prevent  the
  commissioner from taking any action authorized under section thirty-five
  of this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 37 - Review by Court.

§ 37. Review  by  court.    A decision by the commissioner rendered as
  provided in the preceding section shall be  subject  to  review  in  the
  manner  provided  by article seventy-eight of the civil practice law and
  rules. 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.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 38 - When Injunction May Be Obtained.

§ 38. When  injunction  may  be  obtained. In an action in the supreme
  court or county court for  the  recovery  of  a  penalty  or  forfeiture
  incurred  for the violation of any of the provisions of this chapter, or
  of any other law the enforcement of which is within the jurisdiction  of
  the department, or of the rules of the department, an application may be
  made on the part of the people to the court or any justice thereof or to
  the  county  judge  if the defendant be a resident of such county for an
  injunction to restrain the defendant, his agents and employees from  the
  further  violation of such provisions. The court or justice to whom such
  application is made, shall grant such injunction on proof, by affidavit,
  that the defendant has been guilty of  the  violations  alleged  in  the
  complaint,  or  of  a  violation of any such provision subsequent to the
  commencement of the action. No security on the  part  of  the  plaintiff
  shall  be  required,  and  costs  of  the  application may be granted or
  refused in the discretion of the court  or  justice.  If  the  plaintiff
  shall  recover  judgment  in  the  action  for any penalty or forfeiture
  demanded in the  complaint,  the  judgment  shall  contain  a  permanent
  injunction, restraining the defendant, his agents and employees from any
  further  violation of such provision of this chapter or of any other law
  the enforcement of which is within the jurisdiction of the department or
  of the rules of  the  department.  Any  injunction,  order  or  judgment
  obtained  under  this  section may be served on the defendant by posting
  the same upon the outer door of the defendant's usual place of business,
  or where such violation was or is committed, or in the  manner  required
  by  the  civil  practice  act,  and the rules and practice of the court.
  Personal service of the injunction shall  not  be  necessary  when  such
  service  cannot  be  secured  with reasonable diligence, but the service
  herein provided shall be deemed sufficient in  any  proceeding  for  the
  violation of such injunction.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 40 - Penalty for Violation of Rule or Order.

§ 40. Penalty  for violation of rule or order. Every person, association
  or corporation and all agents, officers  and  employees  thereof,  shall
  obey every order made as provided in this chapter, so long as such order
  shall  be  in force. A person, association or corporation who shall fail
  by himself, itself or through his or its agents, officers and employees,
  to obey any order of the commissioner, or who shall violate any rule  of
  the  department  shall  be subject to a penalty not exceeding the sum of
  four hundred dollars for each and every first offense, and a penalty not
  exceeding the sum of  eight  hundred  dollars  for  a  second  and  each
  subsequent  offense.  Every  violation of such order, or of the rules of
  the department, shall be a separate and distinct offense, and in case of
  a continuing violation, every  day's  continuance  thereof  shall  be  a
  separate and distinct offense.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 40-A - Deposit of Money.

§ 40-a. Deposit  of  money.  The commissioner is hereby authorized and
  directed to deposit all money recovered or received by the department in
  satisfaction of penalties assessed for violations of  this  chapter  and
  rules  and regulations promulgated pursuant thereto to the credit of the
  general fund.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 41 - Violation of Chapter a Misdemeanor.

§ 41. Violation  of  chapter  a  misdemeanor.    Except  as  otherwise
  provided by the penal law, a person who by himself or  another  violates
  any  of  the  provisions  of  this  chapter  or  of  any  other  law the
  enforcement of which is within the jurisdiction of  the  department,  is
  guilty  of a misdemeanor, and upon conviction shall, except as otherwise
  provided in this chapter, be  punished  by  a  fine  of  not  less  than
  twenty-five   dollars,   nor  more  than  two  hundred  dollars,  or  by
  imprisonment for not less than one month, nor more than six  months,  or
  by  both  such  fine and imprisonment, for the first offense; and by not
  more than one year's imprisonment for the second offense.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 42 - Act of Officer or Agent Deemed Act of Principal.

§ 42. Act  of officer or agent deemed act of principal.  In construing
  and enforcing the provisions of this chapter relating to penalties,  the
  act of a director, officer, agent or other person acting for or employed
  by  a  person,  association  or corporation subject to the provisions of
  this chapter and acting within the scope of  his  employment,  shall  be
  deemed the act of such person, association or corporation.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 43 - Evidence.

§ 43. Evidence.    The  doing  of  anything prohibited by this chapter
  shall be evidence of the violation of the  provisions  of  this  chapter
  relating  to  the  thing  so prohibited, and the omission to do anything
  directed to be done shall be evidence of a violation of  the  provisions
  of  the chapter relative to the thing so directed to be done. The intent
  of any person doing or omitting to do any such act is immaterial in  any
  prosecution  for  a  violation  of  the provisions of this chapter.  Any
  person who suffers, permits or allows any violation of the provisions of
  this chapter in any room or building  occupied  or  controlled  by  him,
  shall be guilty of such violation and liable accordingly. Any person who
  shall  keep, store or display any article or product, the manufacture or
  sale of which is prohibited or regulated by  this  chapter,  with  other
  merchandise  or  stock in his place of business, shall be deemed to have
  the same in his possession for sale.
Every certificate, duly signed and acknowledged, of a chemist, analyst
  or  other  expert  employed  by  the  commissioner  or   any   analysis,
  examination  or  investigation  made  by such analyst, chemist or expert
  with respect to  any  matter  or  product  which  the  commissioner  has
  authority  to  examine  or  cause  to  be examined, shall be presumptive
  evidence of the facts therein stated.