reglab/statecodes huggingface dataset:
2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 133-A - Tonnage Fees and Reports.

§ 133-a. Tonnage  fees  and  reports. 1. Any person who distributes in
this state any feed ingredient or commercial feed, except a pet food  or
specialty  pet  food, shall pay to the commissioner a tonnage fee at the
rate of ten cents per ton  for  each  ingredient  or  feed  distributed,
subject to the following:
(a)  No  fee  shall be paid on a feed ingredient or commercial feed if
payment has been made  for  the  particular  ingredient  or  feed  by  a
previous distributor;
(b) No fee shall be paid on a customer-formula feed if the tonnage fee
has  been  paid  on  the  commercial feeds which are used as ingredients
therein.
(c) No fee shall be paid by any person for  any  year  in  which  such
person  distributed  less  than one hundred tons of feed ingredients and
commercial feeds in this state.
2. Each person who is liable for the payment of a  tonnage  fee  shall
file  with the commissioner, within thirty days of December thirty-first
of each year, a statement setting forth  the  number  of  tons  of  feed
ingredients and commercial feeds distributed by such person in the state
during  the  preceding  twelve month period. Upon filing such statement,
such person shall pay the tonnage fee at the  rate  set  forth  in  this
section.
2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 134 - Records and Reports.

§ 134. Records   and  reports.  Every  distributor,  manufacturer  and
  transporter of a commercial feed  in  this  state  shall  maintain  such
  records  and submit such reports to the commissioner as the commissioner
  may require pertaining to the origin,  manufacture,  movement,  storage,
  distribution or other disposition of commercial feed. Such records shall
  be open to inspection by the commissioner or his authorized agent at any
  reasonable time.
2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 135 - Rules and Regulations.

§ 135. Rules  and  regulations. The commissioner is hereby authorized,
  after public hearing, to adopt and promulgate such rules and regulations
  to supplement and give full effect to the provisions of this article  as
  he  may  deem  necessary,  provided, that the commissioner may adopt and
  promulgate, insofar as appropriate, without public  hearing,  any  rules
  and  regulations  promulgated under any federal act or acts or change or
  amend the regulations promulgated hereunder so as to conform, insofar as
  appropriate, to those promulgated under such federal act  or  acts.  The
  commissioner  may,  if  he  or she determines that the protection of the
  consumers of the state is  not  impaired  by  such  action,  provide  by
  regulation  for  exemption  from registration of small feed distributors
  when he or she finds that such  an  exemption  would  avoid  unnecessary
  regulation  and  assist  in  the  administration  of the article without
  impairing such article's purpose.
2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 135-A - Inspection, Sampling and Analysis.

§ 135-a. Inspection,  sampling  and  analysis.  1.  For the purpose of
  enforcing this article, and in order to determine whether its provisions
  have been complied with, including whether or not any operations may  be
  subject  to  such  provisions,  officers or employees of the department,
  upon presenting appropriate credentials  and,  if  feasible,  a  written
  notice to the owner, operator, or other person in charge, are authorized
  (a)  to  enter,  at  all  reasonable  times,  any factory, warehouse, or
  establishment  within  the  state  in  which  commercial  feed  or  feed
  ingredients   may  be  manufactured,  processed,  packed,  or  held  for
  distribution, or to enter any vehicle which may be used to transport  or
  hold  such  feed  or  ingredients; and (b) to inspect, at all reasonable
  times,  such  factory,  warehouse,  establishment  or  vehicle  and  all
  pertinent  equipment, finished and unfinished materials, containers, and
  labeling therein, and to obtain samples thereat.
2. If the officer or employee making such  inspection  of  a  factory,
  warehouse,  establishment or vehicle has obtained a sample in the course
  of the inspection, if feasible, upon completion of  the  inspection  and
  prior  to  leaving the premises, he shall give to the owner, operator or
  other person in charge a receipt describing the sample obtained.
3. Sampling and analysis shall be conducted in accordance with methods
  published by the Association of  Official  Analytical  Chemists,  or  in
  accordance  with  other  generally recognized methods as approved by the
  commissioner.
4. The results of all analyses of official samples shall be  forwarded
  by  the  commissioner to the person in whose name the brand of such feed
  is registered under section one hundred twenty-nine of this article,  or
  if there be no such registrant for the same, then to the person named on
  the  label or invoice, delivery slip or other document for such feed, or
  if the commissioner deems it appropriate, to the person  from  whom  the
  sample  was obtained.  When the analysis of an official sample indicates
  a commercial feed has been adulterated or misbranded,  upon  request  by
  the  person  receiving  such  results  within fifteen days following the
  receipt thereof, the commissioner or his authorized agent shall  furnish
  such person a portion of the sample concerned.
2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 135-B - Detained Commercial Feeds.

§ 135-b. Detained  commercial  feeds.  1.  Stop  sale  order: When the
  commissioner or his authorized agent has probable cause to  believe  any
  lot  of  commercial  feed  is  being,  or  is about to be distributed in
  violation of any of the provisions of this article or any of  the  rules
  and  regulations  adopted  pursuant  thereto,  the  commissioner  or his
  authorized agent may issue  and  enforce  a  written  stop  sale  order,
  warning  the  distributor  not  to  remove  or  dispose  of  the  lot of
  commercial feed in any manner until written permission  for  removal  or
  disposal  is  given  by  the  commissioner  or his authorized agent. The
  commissioner or his authorized agent shall release the lot  of  feed  so
  detained  if and when said provisions and regulations have been complied
  with.  If  compliance  is  not  obtained  within   fifteen   days,   the
  commissioner may begin, or upon request of the distributor or registrant
  shall  begin,  seizure  proceedings in accordance with the provisions of
  section two hundred two-b of this chapter.
2. Seizure: Whenever the commissioner or his  authorized  agent  shall
  find distributed, or about to be distributed, any lot of commercial feed
  which   is  unfit  or  unsafe  for  use  as  commercial  feed,  and  its
  condemnation is required to protect the public health, the  commissioner
  or his authorized agent may seize, destroy or denature such feed so that
  it cannot thereafter be used for commercial feed.
Whenever  the  commissioner  or  his  authorized  agent  finds, or has
  probable  cause  to  believe,  that  any  lot  of  commercial  feed   is
  adulterated  or misbranded within the meaning of this article, or if any
  person fails to comply with a stop sale order duly  issued  pursuant  to
  the  preceding  subdivision,  the  commissioner  or his authorized agent
  shall seize such feed in accordance with the provisions of  section  two
  hundred two-b of this chapter.
All   proceedings   subsequent  to  seizure,  including  if  necessary
  destruction of the feed  after  ten  days'  notice  in  writing  to  the
  distributor  and  an opportunity to be heard, shall be had in accordance
  with the provisions of section two hundred two-b. Prior  to  destruction
  of  any  commercial feed pursuant to the provisions of this subdivision,
  except where a commercial feed is unfit or unsafe for use as  commercial
  feed  and its condemnation is required to protect the public health, the
  commissioner or his authorized agent, upon request by  the  distributor,
  may  afford  the distributor an opportunity to reprocess or relabel said
  feed to bring it into compliance.
2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 135-C - Penalties.

§ 135-c. Penalties. Any person who shall violate any of the provisions
  of  this  article  or  the  rules  and regulations duly adopted pursuant
  thereto  shall  be  subject  to  the  penalty  provisions   of   section
  thirty-nine  of  this  chapter,  in addition to the remedies provided in
  this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 135-D - Enforcement.

§ 135-d. Enforcement. 1. The commissioner may institute such action at
  law  or in equity as may appear necessary to enforce compliance with any
  provision of this article and the  rules  and  regulations  adopted  and
  promulgated hereunder and, in addition to any other remedy under article
  three  of  this chapter or otherwise, may apply for relief by injunction
  if necessary to protect the public interest without being  compelled  to
  allege  or  prove  that  an  adequate remedy at law does not exist. Such
  application may be made to the supreme court in any county  pursuant  to
  the  civil  practice law and rules or to the supreme court in any county
  of the third judicial district.
2. Whenever the commissioner or his agent is  authorized  or  directed
  hereunder  to  render any feed unfit for use as commercial feed or seize
  and destroy any commercial feed, the destruction and disposition of such
  commercial feed, as well as any necessary  storage,  handling  or  other
  incidentals,   shall   be   the  responsibility,  both  financially  and
  otherwise, of the owner of the same or other person  having  custody  or
  possession  of  such  feed;  provided, however, that such destruction or
  disposition  shall  be  carried  out  only  under  the   direction   and
  supervision of the commissioner or his authorized agent. Nothing in this
  subdivision  shall  be  construed  as preventing the commissioner or his
  authorized agent from destroying or disposing of commercial  feed  found
  to  be  unfit  or unsafe for use as commercial feed where such action is
  necessary for the protection of public health.
2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 135-E - Cooperation With Other Entities.

§ 135-e. Cooperation   with   other  entities.  The  commissioner  may
  cooperate with and enter into agreements with governmental  agencies  of
  this  state,  or  other  states, agencies of the federal government, and
  private associations in order to carry out the purpose and provisions of
  this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 135-F - Publication.

§ 135-f. Publication.   The   commissioner   shall  publish  at  least
  annually, in such forms as he may deem proper, a report of  the  results
  of  the  analyses  of  official  samples  of commercial feed distributed
  within the state and any violations established as a result thereof.
2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 135-G - Severability.

§ 135-g. 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 provisions or
  application, and to this end the provisions of this article are declared
  to be severable.
2023 New York Laws › AGM - Agriculture and Markets › Article 9 - Inspection and Sale of Seeds › 137-A - Responsibility for Labeling.

§ 137-a. Responsibility for labeling.  The immediate vendor of any lot
  of  seed which is sold, offered or exposed for sale shall be responsible
  for the presence of the labels required to be attached to  said  lot  of
  seed.  The immediate vendor shall be responsible for all labels attached
  to broken lots of seed whether he is offering for sale or  selling  seed
  which  bears labels of a previous vendor with or without endorsement, or
  bears his own label.
The immediate vendor of any unbroken lot of seed shall be  responsible
  for  all  labels  attached  to said lot of seed, at the time he sells or
  offers for sale such lot of seed.
2023 New York Laws › AGM - Agriculture and Markets › Article 9 - Inspection and Sale of Seeds › 139 - Exemptions.

§ 139. Exemptions.  The provisions of this article do not apply
1. To seed not intended for planting purposes.
2.  To  seed  sold  by  the  grower  thereof  on  his own premises and
  delivered to the vendee or his agent  or  representative  personally  on
  such premises unless such seed has been advertised as being for sale.
3.  To  seed  in  storage  in,  or  consigned  to,  a seed cleaning or
  processing establishment for cleaning or processing: Provided, that  any
  labeling  or  other representation which may be made with respect to the
  uncleaned and unprocessed seed shall be subject to this article.
4. To any carrier in respect to any seed transported or delivered  for
  transportation  in  the  ordinary  course  of its business as a carrier,
  provided, that such carrier is not engaged in producing, processing,  or
  marketing seed subject to the provisions of this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 9 - Inspection and Sale of Seeds › 139-A - Tolerances.

§ 139-a. Tolerances.    On account of the unavoidable variations which
  occur  between  two  analyses  or  tests  and  likewise  between   label
  statements  and the results of subsequent analyses and tests, recognized
  tolerances shall be employed in the enforcement  of  the  provisions  of
  this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 9 - Inspection and Sale of Seeds › 140 - Samples; Publication of Results of Tests.

§ 140. Samples;  publication  of results of tests. 1. The commissioner
  or his or her duly authorized  representatives  shall  take  samples  of
  seeds  for  examination,  analysis,  and  testing by the department. The
  commissioner may contract with a qualified laboratory  to  perform  such
  examination,  analysis,  and  testing.  When the analysis of an official
  sample indicates that seed is mislabeled, the results of  such  analysis
  shall be provided to the person responsible for the labeling of the seed
  and,  upon that person's request, made within fifteen days of his or her
  receipt of said results, the commissioner or his or her authorized agent
  shall furnish such person with a portion of the sample taken.
2. From time to time the department of agriculture and markets,  shall
  make  public the results of examinations, analyses, trials, and tests of
  any sample  or  samples  so  procured,  together  with  such  additional
  information  as  circumstances  advise. These published results shall be
  the property of the state  of  New  York  and  shall  not  be  used  for
  advertising or regulatory purposes by any person or agency, governmental
  or   otherwise   without   requested   and  granted  permission  of  the
  commissioner.
2023 New York Laws › AGM - Agriculture and Markets › Article 9 - Inspection and Sale of Seeds › 140-A - Provision for Seed Tests.

§ 140-a. Provision  for  seed  tests.  Any citizen of this state shall
  have the privilege of submitting to the department samples of seeds  for
  testing  and  analysis  subject  to payment of a fee to the commissioner
  that shall, at a minimum, cover the full costs of the services provided.
  All monies received by the commissioner pursuant to this  section  shall
  be deposited in an account within the miscellaneous special receive fund
  and  shall be used to defray the expenses incidental to carrying out the
  services authorized by this section.
2023 New York Laws › AGM - Agriculture and Markets › Article 9 - Inspection and Sale of Seeds › 141 - Certification.

§ 141. Certification.   1. Certification in this state shall be by the
  state college of agriculture, or by the department  of  agriculture  and
  markets,  or by such other agency as the commissioner of agriculture and
  markets may designate. This designated agency may cooperate  with  other
  officially  recognized  certification  agencies  in the certification of
  seeds.
2. The commissioner, after consultation with the  dean  of  the  state
  college of agriculture, or, in the case of tree seeds with the president
  of the state university of New York college of environmental science and
  forestry,  shall  adopt  and  promulgate  appropriate  standards for the
  certification of seed.
2023 New York Laws › AGM - Agriculture and Markets › Article 9 - Inspection and Sale of Seeds › 142 - Implementation.

§ 142. Implementation.  The commissioner may adopt and promulgate such
  rules and  regulations  to  supplement  and  give  full  effect  to  the
  provisions of this article as he may deem necessary. The commissioner or
  his authorized agents may remove from further sale or prohibit from sale
  any  unlabeled  seed or any seeds which are found to be so unclean as to
  be unfit for seeding purposes until they have  been  properly  recleaned
  and may prohibit further sale or may destroy seeds which are found to be
  so weak or low in germination as to be unfit for seeding purposes.
The  commissioner may, through promulgation of regulations, add to, or
  subtract noxious weed seeds from definition seven, section  one  hundred
  thirty-six  of  this  article,  whenever he finds, after public hearing,
  that such addition or subtraction  is  in  the  best  interests  of  the
  agriculture of this state.
In  promulgating  the  initial  germination  standard for each kind of
  flower, tree and shrub seed, the commissioner shall publish the proposed
  standard at least three years previous to its effective date  and  shall
  arrange  a  public  hearing  for  consideration of the proposed standard
  prior to its final adoption. The commissioner may,  at  his  discretion,
  temporarily   suspend   any   flower   seed  germination  standard  thus
  promulgated.
2023 New York Laws › AGM - Agriculture and Markets › Article 9 - Inspection and Sale of Seeds › 142-A - Stop Sale Orders.

§  142-a.  Stop  sale orders. The commissioner may issue and enforce a
  written or printed "stop sale, use or removal" order  to  the  owner  or
  custodian  of  any  lot of seed when the commissioner finds that seed is
  being offered or exposed for sale in violation of any of the  provisions
  of this article, and require the owner or custodian to hold the seeds at
  a  designated place until either: (1) the law has been complied with and
  said seed is released by  the  commissioner  in  writing;  or  (2)  said
  violation  has  been otherwise legally disposed of by written authority.
  The  commissioner  shall  release  the  seed  so  withdrawn   when   the
  requirements of the provisions of this article have been complied with.
2023 New York Laws › AGM - Agriculture and Markets › Article 9-A - Sale of Agricultural Liming Materials › 142-AA - Definitions and Standards.

§ 142-aa. Definitions   and   standards.   (a)   "Agricultural  liming
material," means all materials and all calcium and magnesium products in
the oxide, hydrate, carbonate or silicate form or  combinations  thereof
and  intended  for use in the correction of soil acidity, including such
forms of material designated as burned lime, hydrated lime, carbonate of
lime, agricultural limestone, slag and marl.
(b) "Brand" means each agricultural liming material identified by  and
differing from others either in name, trademark, descriptive designation
or other method of marking, composition, and total neutralizing value or
fineness.
(c)  "Total  neutralizing  value"  means  the neutralizing value of an
agricultural liming material expressed as calcium carbonate  equivalence
as determined in accordance with methods adopted by the commissioner.
(d)  "Fineness"  means  the percentage by weight of the material which
will pass sieves of specified number  or  mesh  as  established  by  the
commissioner.  Fineness shall be measured in reference to a twenty mesh,
sixty mesh, and a one hundred mesh sieve,  in  accordance  with  methods
adopted by the commissioner.
2023 New York Laws › AGM - Agriculture and Markets › Article 9-A - Sale of Agricultural Liming Materials › 142-BB - Prohibition.

§  142-bb.  Prohibition.  1. No person shall sell, offer or expose for
  sale, barter, give or otherwise supply in this state as an  agricultural
  liming  material, except as provided in subdivision two of this section,
  any product which does not have a minimum total  neutralizing  value  of
  sixty per centum calcium carbonate equivalence and, except hydrated lime
  and  burned  lime,  a  minimum  fineness  of eighty per centum passing a
  twenty mesh sieve and thirty per centum passing a hundred mesh sieve nor
  for which a certificate of registration has not been filed and a license
  has not been issued pursuant to this article; nor shall he or she permit
  any claim or guarantee to be indicated upon any label, tab,  or  package
  or  accompanying  statement to the effect that such material possesses a
  higher specification than such material does in fact contain; nor  shall
  he  or  she  sell,  offer  or expose for sale, barter, give or otherwise
  supply any such material adulterated with any substance injurious to the
  growth of plants (other than weeds) or animals or humans when applied in
  accordance with directions for use accompanying the product;  nor  shall
  he or she sell, offer or expose for sale any agriculture liming material
  in  this  state without a label or accompanying statement and weigh slip
  as required by section one hundred forty-two-cc.
2. Insofar as it shall be used as an agricultural liming  material  in
  this state, no person shall sell, offer or expose for sale, barter, give
  or  otherwise  supply  in this state as wood ash, any product which does
  not have a minimum total neutralizing value of thirty per centum calcium
  carbonate equivalence and otherwise satisfy the requirements  set  forth
  in subdivision one of this section.
2023 New York Laws › AGM - Agriculture and Markets › Article 9-A - Sale of Agricultural Liming Materials › 142-CC - Label or Accompanying Statement and Weigh Slip.

§   142-cc.  Label  or  accompanying  statement  and  weigh  slip.  No
  agricultural liming material shall be  sold,  offered,  or  exposed  for
  sale,  bartered,  given or otherwise supplied in this state unless there
  shall be affixed to each package in a conspicuous place on  the  outside
  thereof  a  plainly  printed,  stamped or otherwise marked label, tag or
  statement or in the case of bulk  sales  or  transfers  there  shall  be
  provided  a  certified  weigh slip plainly printed, stamped or otherwise
  marked, which shall certify as follows:
1. The name, principal  office  address  and  plant  location  of  the
  manufacturer, producer or distributor.
2.  The  identification  of  the  product  as  to  the  type of liming
  material.
3. The brand under which it is sold or supplied.
4. A statement expressing the minimum total neutralizing value  stated
  as  calcium  carbonate  equivalence and the minimum fineness, at time of
  delivery.
5. The net weight of the material.
6. The kind and amount of adulterant or foreign material  therein,  if
  any, expressed by weight of the material.
7.  In  the  case  of  any  material which has been damaged, hydrated,
  adulterated or otherwise changed subsequent to the  original  packaging,
  labelling,  or  loading  thereof  and before delivery to the consumer, a
  plainly marked notice to that effect shall be affixed by the  vendor  to
  the  package or accompanying statement, such notice to identify the kind
  and degree of such  damage,  hydration,  adulteration  or  other  change
  therein.
8.  A  guarantee  of  the calcium and magnesium content expressed as a
  percentage by weight of each such element.
9. For agricultural liming material sold in bulk, a guarantee  of  the
  percentage  of  its  effective  neutralizing  value,  as  determined  in
  accordance with regulations adopted  by  the  commissioner.  Such  value
  shall  also  be expressed separately as the weight of such bulk material
  necessary to equal one ton of agricultural  liming  material  having  an
  effective neutralizing value of one hundred percent.
At  every  site, from which agricultural liming products are delivered
  in bulk, and at every place where consumer orders  for  bulk  deliveries
  are  placed, there shall be conspicuously posted a copy of the statement
  required by this section for each brand of material.
2023 New York Laws › AGM - Agriculture and Markets › Article 9-A - Sale of Agricultural Liming Materials › 142-DD - Certificate to Be Filed.

§ 142-dd. Certificate to be filed. Before any person shall sell, offer
  or  expose for sale, barter, give, or otherwise supply in this state any
  product labelled as agricultural liming material, he or she  shall,  for
  each  brand  thereof,  file biennially with the commissioner, upon forms
  supplied by the commissioner, a certificate for the registration of each
  such brand,  stating  the  name,  principal  office  address  and  plant
  location  of  the  manufacturer or shipper, the type of liming material,
  the brand name, the minimum  specifications  as  to  total  neutralizing
  value,  the  calcium and magnesium content, effective neutralizing value
  and fineness. Such  certificate  shall  constitute  a  warranty  by  the
  supplier  to  the  receiver  that  the  material  will  meet the minimum
  specifications stated therein at the time of delivery.
2023 New York Laws › AGM - Agriculture and Markets › Article 9-A - Sale of Agricultural Liming Materials › 142-EE - License.

§  142-ee.  License.  Each  certificate  filed pursuant to section one
  hundred  forty-two-dd  of  this  article  shall  be  accompanied  by  an
  application,  upon  forms supplied by the commissioner, for a license to
  supply such material under the brand name specified therein,  and  there
  shall  be transmitted therewith a copy of the label and of the statement
  proposed to accompany such  material  in  compliance  with  section  one
  hundred forty-two-cc of this article. Such application shall incorporate
  by  reference the data contained in the accompanying certificate for the
  brand for  which  the  license  is  sought.  Upon  compliance  with  the
  provisions  of this article, the applicant shall be issued a license for
  the supplying of such qualifying brand of agricultural liming  material,
  which  license  shall  expire on the thirty-first day of December of the
  next even numbered year following the year in which it is issued, but no
  such license shall be issued for the  supplying  of  any  such  material
  which  does  not meet the minimum standards herein provided for, nor for
  the supplying thereof under a brand descriptive designation  or  with  a
  label  or  accompanying  statement which is or tends to be misleading or
  deceptive as to quality, analysis  or  composition.  Application  for  a
  renewal  of  the  license  for  a  period  of  two  years  shall be made
  biennially, upon a form prescribed by the commissioner and submitted  no
  later  than thirty days prior to the expiration of the existing license.
  Any such license so issued may be revoked  by  the  commissioner,  after
  notice to the licensee by mail or otherwise and opportunity to be heard,
  when  it  appears  that any statement or representation upon which it is
  issued is false  or  misleading.  The  action  of  the  commissioner  in
  refusing  to grant a license, or in revoking a license, shall be subject
  to review by a proceeding  under  article  seventy-eight  of  the  civil
  practice  law  and  rules, but the decision of the commissioner shall be
  final unless within thirty days from the date  of  the  order  embodying
  such action such proceeding to review has been instituted.
Whenever  a  manufacturer,  producer  or  distributor  shall have been
  licensed to supply a particular brand of material hereunder,  no  agent,
  seller or retailer of such brand shall be required to file a certificate
  or  obtain  a  license  for  such  brand  during a period for which such
  license is in effect, nor upon such goods which were acquired  during  a
  period  for which a license was in effect and remaining undistributed in
  subsequent years.
2023 New York Laws › AGM - Agriculture and Markets › Article 9-A - Sale of Agricultural Liming Materials › 142-FF - Reports and Fees.

§  142-ff. Reports and fees. 1. Every licensee shall, on or before the
  first day of February in each year report  the  net  tonnage,  including
  zero  tonnage  if  applicable,  of  each  brand  of  agricultural liming
  materials sold, bartered, given, or otherwise supplied by him or her  in
  the  state during the preceding calendar year. Such report shall be made
  in duplicate upon forms supplied by  the  commissioner.  One  such  copy
  shall  be  transmitted  to  the commissioner and the other copy shall be
  retained by the licensee. Such reports  shall  be  confidential  and  no
  information  therein  shall be disclosed in such a way as to divulge the
  operation of any person.
2. Failure to comply with the requirements of this section within  the
  time  limit  shall  subject  the  licensee  to revocation of all current
  licenses held by him or  her  and  the  denial  of  all  future  license
  applications  until  compliance  herewith,  after hearing and subject to
  review as provided in section one hundred forty-two-ee.
2023 New York Laws › AGM - Agriculture and Markets › Article 9-A - Sale of Agricultural Liming Materials › 142-GG - Sampling and Analyzing.

§  142-gg.  Sampling  and  analyzing.  1.  It shall be the duty of the
  commissioner or his or her duly authorized agent to sample  and  analyze
  each  different brand of agricultural liming material distributed within
  the state, to such an  extent  as  he  or  she  may  deem  necessary  to
  determine compliance with the provisions of this article.
The  methods  of sampling and analysis shall be those the commissioner
  may require by  regulation  and  be  based  on  methods  adopted  by  an
  agricultural and food analytical standards association.
2.  The  results  of  the  analysis  of  each official sample shall be
  promptly reported by the commissioner to the registrant. In the event an
  official sample shall analyze below the guarantee,  the  registrant  may
  within    twenty    days   submit   evidence   that   the   sample   was
  non-representative or erroneous.  If  no  satisfactory  evidence  is  so
  submitted the report of analysis shall become official.
3.  The  commissioner  shall  maintain  an  annual record of, and make
  available upon request, the results of all analyses with respect to  the
  information  required  to  be shown on labels and statements pursuant to
  section  one  hundred  forty-two-cc  of  this  article  and  such  other
  information as the commissioner shall deem advisable.
2023 New York Laws › AGM - Agriculture and Markets › Article 9-A - Sale of Agricultural Liming Materials › 142-HH - Stop Orders.

§ 142-hh. Stop orders. Whenever the commissioner or representatives of
  the  commissioner  shall find any agricultural liming material suspected
  of being supplied in violation of any of the provisions of this  article
  the commissioner or his or her representatives may issue a written "stop
  order" to the owner or custodian of any such suspect lot and enforce the
  same  against  any  such  person.  Any  such  order  may direct that the
  agricultural liming material be removed from distribution  and  retained
  at  the  establishment  having  custody. Any person aggrieved by a "stop
  order" shall be entitled to a hearing  thereon  within  ten  days  of  a
  demand therefor. It will be a violation of this section for the owner or
  custodian  of  any  agricultural  liming  material,  affected by a "stop
  order", to sell,  barter,  give  away,  use  or  otherwise  remove  such
  material  from  the place of retention without prior written approval of
  the commissioner or his or her authorized representative.
2023 New York Laws › AGM - Agriculture and Markets › Article 10 - Sale and Analysis of Commercial Fertilizer › 144 - Guaranteed Analysis.

§ 144. Guaranteed   analysis.  Guaranteed  analysis  shall  contain  a
  statement of chemical composition in the following form:
a. A statement of the minimum percentage of  claimed  plant  nutrients
  shall  be  expressed  in  whole  numbers  or  as  decimal  fractions for
  specialty fertilizers and in whole  numbers  for  all  other  commercial
  fertilizers, as follows:
Total nitrogen (N)..........................percent
Available phosphoric acid (P2O5) or available
phosphate P2O5..............................percent
Soluble potash (K2O)........................percent
b. For unacidulated mineral phosphatic materials and basic slag, bone,
  tankage and other organic phosphate materials, the total phosphoric acid
  and/or  degree  of fineness may also be guaranteed if expressed in whole
  numbers.
c. Guarantees for plant nutrients except phosphoric  acid  and  potash
  shall  be expressed in the form of the element in a manner prescribed by
  the commissioner. The sources of such  other  nutrients  (oxides,  salt,
  chelates,  etc.)  may  be  included  as a parenthetical statement on the
  label.  Other  beneficial  substances  or  compounds,  determinable   by
  laboratory  methods,  also  may be guaranteed if approved in regulations
  promulgated by the commissioner.
d. A statement of the potential basicity or acidity expressed in terms
  of calcium carbonate equivalent in multiples of one hundred  pounds  per
  ton, if required by regulation of the commissioner.
2023 New York Laws › AGM - Agriculture and Markets › Article 10 - Sale and Analysis of Commercial Fertilizer › 145 - Labelling.

§ 145. Labelling.  a. No commercial fertilizer shall be distributed in
this state in containers unless there shall be placed on or  affixed  to
the  container a label setting forth in clearly legible form a statement
which shall certify as follows:
(1) Net weight of the contents of the package.
(2) The brand and grade under which it is to be sold.
(3) The name, street or post-office address of the principal office of
the  licensee,  distributor  or  person  responsible  for  placing   the
commodity on the market.
(4)  The  guaranteed  analysis  as  provided  in  section  one hundred
forty-four above.
b. If distributed in bulk, a  written  or  printed  statement  of  the
information  required  in  subdivision  a  of  this  section above shall
accompany delivery and be supplied to  the  purchaser  at  the  time  of
delivery.
c.  The  labelling  of  specialty  fertilizers  shall  contain all the
information required by the foregoing paragraphs  of  this  section  and
such other information as shall be required by rule or regulation issued
by the commissioner.
2023 New York Laws › AGM - Agriculture and Markets › Article 10 - Sale and Analysis of Commercial Fertilizer › 146 - Licensing.

§  146.  Licensing.  (a)  No person shall distribute in this state any
type of fertilizer until a license  to  distribute  the  same  has  been
obtained  from the commissioner by the person whose labelling is applied
to such fertilizer upon payment of a one hundred fifty dollar  fee.  The
initial  license  issued hereunder shall expire on December thirty-first
of the next even numbered year following the year in which it was issued
and each renewal of that license shall be for a two year period,  ending
on  December  thirty-first.  Application  for  a renewal of such license
shall be made biennially, upon a form prescribed by the commissioner and
be submitted no later than thirty days prior to the  expiration  of  the
existing license.
(b)  The  application  shall  include:  (1)  The  name  and address of
licensee;
(2) Name and address of each manufacturing plant, blending  plant  and
bulk storage facility within New York state which distributes commercial
fertilizer, and
(3)  A list of the brand and product name of all commercial fertilizer
distributed in this state.
(c)  The  licensee  shall  inform  the  commissioner  in  writing   of
additional  distribution  points  established  during  the period of the
license.
(d) The commissioner is authorized and empowered to revoke the license
of any distributor of commercial fertilizer, or to refuse to grant or to
renew  the  license  of  any  distributor  as  herein   provided,   upon
satisfactory evidence that the licensee or applicant has used fraudulent
or  deceptive  practices  in  the  evasion  or  attempted evasion of the
provisions of this article, or of any rules or  regulations  promulgated
hereunder  or  if  the  license application or the information furnished
upon the sale of the commercial fertilizer is misleading or deceptive or
tends to mislead or deceive as to its quality  or  the  constituents  or
materials  of  which  it  is  composed.  No  license shall be revoked or
refused until the distributor shall have been given  an  opportunity  to
appear for a hearing before the commissioner.
2023 New York Laws › AGM - Agriculture and Markets › Article 10 - Sale and Analysis of Commercial Fertilizer › 146-A - Inspection, Sampling, Analysis.

§ 146-a. Inspection,  sampling,  analysis.  a. It shall be the duty of
  the commissioner, who may act through his authorized agent,  to  sample,
  inspect,  and  analyze  commercial  fertilizers  distributed within this
  state at such time and place and to the extent he may deem necessary  to
  determine whether such commercial fertilizers are in compliance with the
  provisions  of  this article. The methods of sampling and analysis shall
  be those the commissioner may require by  regulation  and  be  based  on
  methods  adopted  by  an  agricultural  and  food  analytical  standards
  association, as further defined in regulations by the commissioner.
b. The results of the analysis of such sample shall be reported to the
  licensee within ninety days of the date of sampling and the commissioner
  shall publish or cause to be published at least annually  a  summary  of
  all   analyses  made,  together  with  such  additional  information  as
  circumstances advise.
2023 New York Laws › AGM - Agriculture and Markets › Article 10 - Sale and Analysis of Commercial Fertilizer › 146-B - Misbranded or Adulterated Fertilizer.

§ 146-b. Misbranded   or   adulterated   fertilizer.   No   commercial
fertilizer shall be distributed in this state if  it  is  deemed  to  be
misbranded or adulterated.
(a) A commercial fertilizer shall be deemed to be misbranded:
(1) if its labelling is false or misleading in any particular; or
(2) if it purports to be or is represented as a commercial fertilizer,
or   is  represented  as  containing  a  plant  nutrient  or  commercial
fertilizer unless such plant nutrient or commercial fertilizer  conforms
to  the  definition of identity, if any, prescribed by regulation of the
commissioner; in the adopting of such regulations the commissioner shall
give due regard to commonly accepted definitions and official fertilizer
terms such as those employed by the association of American  plant  food
control officials.
(b) A commercial fertilizer shall be deemed to be adulterated:
(1) if it contains any deleterious or harmful ingredient in sufficient
amount to render it injurious to beneficial plant life, animals, humans,
aquatic  life, soil, or water when applied in accordance with directions
for use on the label, or if adequate warning  statements  or  directions
for  use, which may be necessary to protect plant life, animals, humans,
aquatic life, soil, or water are not shown upon the label;
(2) if its composition falls below or differs from that  which  it  is
purported to possess by its labelling;
(3) if it contains unwanted crop seed or weed seed; or
(4)  if  it  contains  metals in amounts greater than those levels the
commissioner may establish  by  regulation,  based  upon  the  consensus
research-based  recommendations of an organization of state, territorial
and international fertilizer control officials who administer fertilizer
laws and regulations.
2023 New York Laws › AGM - Agriculture and Markets › Article 10 - Sale and Analysis of Commercial Fertilizer › 146-C - Reports and Fees.

§  146-c.  Reports  and fees. Each licensee who distributes commercial
  fertilizers in this state shall furnish the commissioner with a  written
  statement  of  the  tonnage  of  each  grade  of  commercial fertilizer,
  including zero tonnage if applicable, sold by him or her in  this  state
  during  the  calendar  year to persons not required to be licensed under
  this article. The tonnage of grades of which less than fifty  tons  were
  sold  shall  be  reported,  either  individually  or  combined under the
  heading of miscellaneous sales. This report shall be  submitted  in  the
  form  and  with  such  frequency  as  the  commissioner shall require by
  regulation. The licensee shall pay to the commissioner a  sum  equal  to
  ten  cents  for  each  ton  or  portion thereof of commercial fertilizer
  distributed in this state to persons not required to be  licensed  under
  this  article  provided  that  such annual tonnage fee shall not be less
  than fifty dollars. This fee shall be remitted  on  or  before  February
  first and calculated based on the calendar year immediately preceding.
No information furnished under this section shall be disclosed in such
  a way as to divulge the method or scope of the operation of any person.
The  commissioner  shall  publish  at  least annually a summary of the
  tonnage reports submitted pursuant to this section.
The licensee shall make such other reports  as  the  commissioner  may
  require.
Failure  to  make such reports or to pay such fee shall be grounds for
  revocation of the license hereunder.
2023 New York Laws › AGM - Agriculture and Markets › Article 10 - Sale and Analysis of Commercial Fertilizer › 146-D - Rules and Regulations.

§ 146-d. Rules and regulations. The commissioner is hereby authorized,
  after  public  hearing,  to  adopt,  promulgate and issue such rules and
  regulations as he may deem necessary to supplement, carry out  and  give
  full force and effect to the provisions of this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 10 - Sale and Analysis of Commercial Fertilizer › 146-E - Stop Sale Orders.

§ 146-e. Stop  sale  orders.  The commissioner may issue and enforce a
  written or printed "stop sale, use or removal" order  to  the  owner  or
  custodian  of  any  lot  of  commercial  fertilizer  and  to  hold  at a
  designated place when the commissioner finds said commercial  fertilizer
  is  being  offered  or  exposed  for  sale  in  violation  of any of the
  provisions of this act until the law has been  complied  with  and  said
  commercial  fertilizer  is  released  in writing by the commissioner, or
  said violation  has  been  otherwise  legally  disposed  of  by  written
  authority.  The  commissioner shall release the commercial fertilizer so
  withdrawn when the requirements of the provisions of this act have  been
  complied with.
2023 New York Laws › AGM - Agriculture and Markets › Article 10 - Sale and Analysis of Commercial Fertilizer › 146-G - Retail Sale.

§  146-g.  Retail  sale.  Any retailer who sells or offers for sale to
consumers specialty fertilizer in which the available  phosphate  (P205)
content is greater than 0.67 percent, shall:
(a) display such phosphorus-containing specialty fertilizer separately
from non-phosphorus specialty fertilizer; and
(b)   post  in  the  location  where  phosphorus-containing  specialty
fertilizer is displayed a clearly visible sign which is at  least  eight
and one-half inches by eleven inches in size and states that:
"Phosphorus  runoff  poses a threat to water quality. Therefore, under
New York law, phosphorus-containing fertilizer may only  be  applied  to
lawn or non-agricultural turf when:
(1)  A  soil  test  indicates that additional phosphorus is needed for
growth of that lawn or non-agricultural turf; or
(2)  The  fertilizer  is  used   for   newly   established   lawn   or
non-agricultural turf during the first growing season."
2023 New York Laws › AGM - Agriculture and Markets › Article 10-A - Prevention of Fraud in Sale of Soil and Plant Inoculants › 147-A - Definition.

§ 147-a. Definition.    Soil  or  plant  inoculants  shall include any
  carrier  or  culture  of  a  specific  micro-organism  or   mixture   of
  micro-organisms  represented to improve the soil or the growth, quality,
  or yield of plants, and  shall  also  include  any  seed  or  fertilizer
  represented to be inoculated with such a culture.
2023 New York Laws › AGM - Agriculture and Markets › Article 10-A - Prevention of Fraud in Sale of Soil and Plant Inoculants › 147-B - License.

§ 147-b. License.  No  person  shall sell, offer or expose for sale in
  this state any soil or plant inoculant unless licensed  as  provided  in
  this  section.  Application  for  a  license  shall  be made upon a form
  prescribed by the commissioner and  shall  include  a  statement  as  to
  whether  the  inoculant  is  represented  as  effective  for inoculating
  legumes or for some other purpose, and, if represented as effective  for
  the  inoculation  of  legumes,  for  which  legume  or  legumes it is so
  represented.  With  the  application,  the  applicant  shall  present  a
  representative  sample  of  the soil or plant inoculant described in the
  application. The commissioner, if satisfied that the  inoculant  may  be
  depended  upon  to  produce  an  effective  inoculation  for the purpose
  represented, shall issue to such applicant a license  for  the  sale  of
  such  inoculant,  expiring  on  December  thirty-first  of the next even
  numbered year following its issuance.  Application for renewal  of  such
  license  for  a period of two years shall be made biennially upon a form
  prescribed by the commissioner and submitted no later than  thirty  days
  prior to the expiration of the existing license.
2023 New York Laws › AGM - Agriculture and Markets › Article 10-A - Prevention of Fraud in Sale of Soil and Plant Inoculants › 147-C - Label Requirements.

§ 147-c. Label  requirements.  Each soil or plant inoculant, when sold
  or offered or exposed for sale within this state, shall be  clearly  and
  plainly  labeled  to  show  whether  the  inoculant  is  represented  as
  effective for inoculating legumes or for  some  other  purpose,  and  if
  represented  as  effective  for  the  inoculation  of legumes, for which
  legume or legumes it is so  represented;  and  the  date  to  which  the
  inoculant is represented to produce effective inoculation.