2023 New York Laws › AGM - Agriculture and Markets › Article 17 - Adulteration, Packing, and Branding of Food and Food Products › 202-B - Seizure and Quarantine.

§ 202-b. Seizure  and  quarantine.    Whenever the commissioner or his
  duly  authorized  representative  shall  find  distributed,  offered  or
  exposed  for  sale  within  this  state, a food or food product which is
  unfit or unsafe for use as food, and its  condemnation  is  required  to
  protect  the  public  health,  he  may  seize,  destroy or denature such
  product so that it cannot thereafter be used for food.
Whenever the commissioner finds, or has  probable  cause  to  believe,
  that  any  food  or food product is adulterated or misbranded within the
  meaning of this article, he may affix to such food or food product a tag
  or other appropriate marking, giving  notice  that  such  food  or  food
  product  is, or is suspected of being, adulterated or misbranded and has
  been quarantined, and warning all persons not to remove  or  dispose  of
  such  food  or  food  product  by sale or otherwise until permission for
  removal or disposal is given by the commissioner or his duly  authorized
  representative.  It  shall be a violation of this article for any person
  to remove or dispose of such quarantined food or food product by sale or
  otherwise without such permission.
Before destruction of a food or  food  product  following  seizure  or
  quarantine,  the  commissioner  shall  give  the  owner,  proprietor  or
  custodian of such food or food product ten days' notice in  writing,  to
  be  served  either  personally  or by mail, of a hearing for said owner,
  proprietor or custodian to show cause why  such  food  or  food  product
  should not be destroyed in accordance with the provisions of law.
Following such hearing, the commissioner shall make a determination in
  accordance  with  the  provisions of this chapter.  The determination of
  the commissioner may be reviewed  in  the  manner  provided  by  article
  seventy-eight   of   the   civil   practice  law  and  rules,  and  such
  determination shall be final unless within thirty days from the date  of
  service  of  a  copy  thereof  upon the owner, proprietor or custodian a
  court proceeding is instituted to review such determination.
Whenever, following seizure or quarantine, a food or food  product  is
  found  to  be  unfit  or  unsafe  for  use  as food, the destruction and
  disposition of such food or food  product,  as  well  as  any  necessary
  storage,  handling,  or other incidentals between the time of seizure or
  quarantine and the destruction and disposition  thereof,  shall  be  the
  responsibility,  both  financially  and otherwise, of the owner or other
  person having custody of such food or food product;  provided,  however,
  that  such  destruction  and disposition shall be carried out only under
  the direction and immediate supervision of the commissioner or his  duly
  authorized representative. Nothing in this section shall be construed as
  preventing  the  commissioner or his duly authorized representative from
  destroying and disposing of such food or food product found to be  unfit
  or unsafe, where such procedure is warranted.