2023 New York Laws › AGM - Agriculture and Markets › Article 8 - Manufacture and Distribution of Commercial Feed › 128-A - Licenses.

§  128-a. Licenses. 1. No person shall manufacture any commercial feed
in this state unless such person holds a license issued therefor by  the
commissioner.  Each  application  for  a license shall be made on a form
supplied by the department and shall contain such information as may  be
required  by the department. A license issued on or before the thirtieth
of June will expire on the thirty-first of December of the year  of  its
issuance,  and  if  issued between July first and December thirty-first,
will expire on the thirty-first day of December in  the  year  following
its  issuance.  Renewal  applications  shall  be made annually on a form
prescribed by the commissioner and submitted no later than  thirty  days
prior to the expiration of the existing license.
2.  The  commissioner may deny any application for a license or revoke
any license when granted, after written notice to the applicant  and  an
opportunity to be heard, when:
(a) any statement in the application or upon which it was issued is or
was false or misleading;
(b)  facilities  of  the  applicant  are not maintained in a manner as
required by rules and regulations duly promulgated by the commissioner;
(c)  the  maintenance  and  operation  of  the  establishment  of  the
applicant is such that the commercial feed produced therein is or may be
adulterated,  misbranded, or not maintained in any manner as required by
this article;
(d) the applicant or licensee, or an  officer,  director,  partner  or
holder of ten per centum or more of the voting stock of the applicant or
licensee,  has  failed  to  comply  with  any  of the provisions of this
article or rules and regulations promulgated pursuant thereto; or
(e) the applicant or licensee is a partnership or corporation and  any
individual  holding any position or interest or power of control therein
has previously been responsible in whole or  in  part  for  any  act  on
account of which an application for licensure may be denied or a license
revoked pursuant to the provisions of this article.
3.  Inspection in accordance with section one hundred thirty-five-a of
this article,  the  results  of  which  establish  compliance  with  the
provisions  of  this  article,  shall  precede  issuance of a license or
renewal thereof under this section.
4. Upon validation by the commissioner, the application  shall  become
the license of the person.
5.  The  commissioner  shall  provide  a  copy  of  the license to the
licensee.  The commissioner shall also retain a copy of the license.
6. No licensee shall publish or advertise the sale of  any  commercial
feed  unless  the  publication  or  advertisement is accompanied by such
licensee's license number.
7. Commercial feed licenses shall be conspicuously  displayed  on  the
premises  so  that they may be readily seen by officers and employees of
the department.
8. Notwithstanding the definition of commercial feed under subdivision
seven  of  section  one  hundred  twenty-eight  of  this  article,   the
provisions  of  this  section shall not apply to a person who conducts a
business of selling pet food and specialty pet food.