reglab/statecodes huggingface dataset:
2023 New York Laws › AGM - Agriculture and Markets › Article 18-A - Natural Fiber Textile Development › 226 - Natural Fiber Textile Development Workgroup.

§ 226. Natural fiber textile development workgroup. 1. There is hereby
established  within  the  department a natural fiber textile development
workgroup. The commissioner, in conjunction  with  the  commissioner  of
economic  development  shall convene an annual workgroup of stakeholders
which may include but not limited to a producer of animal-based  fibers,
a  producer  of  plant-based  fibers,  a  representative  of a statewide
agricultural organization, a representative of a regional  or  statewide
organization  of  animal  or  plant fiber producers, a representative of
fiber and textile manufacturers which is defined as a fiber processor or
spinning mill, a knitting mill,  a  weaving  studio,  or  wet  finishing
(dyeing,   printing   or   fabric   finishing),  a  representative  from
designers/producers which is defined as including apparel, home  textile
products,   industrial   textiles   and   healthcare   products,  and  a
representative of an academic institution  offering  textile  or  design
education,  and  a  representative  of  an academic institution offering
fiber-producing livestock education.  This  workgroup  shall  study  and
identify methods to, including but not limited to:
(a)  increase  the economic contributions and employment opportunities
related to animal and plant fiber agriculture and textile  manufacturing
in New York state;
(b) increase private investment in, and utilization of, New York state
produced  and  processed  natural  fibers  in all categories of textile:
manufacturing  including  apparel,  home  textile  products,  industrial
textiles, and health care products;
(c) improve public understanding of and appreciation for natural fiber
textiles; and
(d)  increase  export  and  market opportunities for New York produced
natural fiber textiles.
2. The workgroup shall submit recommendations to the commissioner, the
commissioner of economic development, the speaker of the  assembly,  the
temporary  president  of the senate, the minority leader of the assembly
and the minority leader of the senate within one year of  the  effective
date of this section and every two years thereafter.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 230 - Definitions.

§ 230. Definitions.   As   used   in   this   article:   1.  The  term
  "refrigeration," shall mean the storage or keeping of articles  of  food
  in  a  refrigerated  warehouse  at  or below a temperature above zero of
  forty-five degrees Fahrenheit.
2. The term "refrigerated warehouse" shall mean any  establishment  or
  structure,  or  portion  thereof, where space is rented or hired for the
  storage of food at  or  below  the  temperature  of  forty-five  degrees
  Fahrenheit for more than thirty days.
3.  The term "temporary storage place" shall mean any establishment or
  structure, or a separate  and  distinct  portion  thereof,  artificially
  cooled  to  or  below  a  temperature  above  zero of forty-five degrees
  Fahrenheit, in which food is stored for periods  in  no  case  exceeding
  thirty days.
4.  The  term  "locker  plant"  shall  mean  any  building, or portion
  thereof,  under  such  chemical  refrigeration,  in   which   individual
  compartments  or  lockers,  each of not more than one hundred cubic feet
  capacity, are rented for the purpose of freezer storage of  articles  of
  food.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 231 - Licenses, Issuance Of.

§ 231. Licenses,  issuance of. No person or corporation shall maintain
  or  operate  any  refrigerated  warehouse  and/or  locker  plant  unless
  licensed  by  the  commissioner.  Application  shall be made upon a form
  prescribed  by  the  commissioner.  The  applicant  shall  satisfy   the
  commissioner  of  his  or  her  character, financial responsibility, and
  competency to operate a refrigerated  warehouse  or  locker  plant.  The
  commissioner, if so satisfied, shall issue to the applicant a license or
  licenses which will expire on the thirtieth of September of the next odd
  numbered  year  following  its issuance. Application for renewal of such
  license or licenses 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 or licenses.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 232 - Licenses, Suspension or Revocation Of; Review.

§ 232. Licenses, suspension or revocation of; review. The commissioner
  may  suspend  a  license if any warehouse or locker plant covered by the
  license shall be found to be conducted in  an  insanitary  manner,  such
  suspension to continue until the unsatisfactory conditions of sanitation
  are  corrected.  The commissioner may, after opportunity be given to the
  licensee to be heard, revoke a  license  (a)  if  it  appears  that  any
  statement  upon which the license was issued is false or misleading, (b)
  if the licensee violates any of the provisions of this chapter,  or  (c)
  if  the financial condition of the licensee changes so as to imperil the
  interests of those who store food in the warehouse or  locker  plant  of
  the  licensee,  or of those who extend credit upon the security of goods
  so stored.
The action of the commissioner in refusing to grant a license,  or  in
  revoking  or  suspending  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.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 233 - Licensee to Render Financial Statements.

§ 233. Licensee  to render financial statements. A licensee shall from
  time to time, when required by the commissioner, make and file with  the
  commissioner  a  verified  statement  exhibiting  his  or  its financial
  condition as of a date  to  be  prescribed  by  the  commissioner.  Such
  statements shall be received by the commissioner on a confidential basis
  and shall not be open to public inspection.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 234 - Records to Be Kept by Refrigerated Warehouse Licensee.

§ 234. Records  to  be  kept  by refrigerated warehouse licensee.  The
  refrigerated warehouse licensee shall assign to each lot of  food,  when
  received  for  storage in a refrigerated warehouse, a distinguishing lot
  number for the purpose of identification, and  shall  keep  an  accurate
  record  of such lot number, and shall also make and keep a record of the
  date of the receipt and of the date of removal of each lot of food.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 234-A - Records to Be Kept by Locker Plant Licensee.

§ 234-a. Records to be kept by locker plant licensee. The locker plant
  licensee  shall  assign  a designating number to each locker and keep an
  accurate record of the name and address of lessee of each locker, by its
  designated number.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 235 - Marking of Food Held Under Refrigeration.

§ 235. Marking  of  food  held  under  refrigeration.    No  person or
  corporation shall place, receive or keep in a refrigerated warehouse any
  article of food, except fruits and vegetables, unless plainly marked  or
  tagged,  either  upon  the  container  in which it is stored or upon the
  article of food itself, with the identification lot number assigned  and
  recorded pursuant to the foregoing section.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 236 - Removal of Marks.

§ 236. Removal of marks. It shall be unlawful for any person to alter,
  mutilate,  destroy,  obscure,  obliterate,  or  remove  any  mark or tag
  required by this article to be placed on any  article  of  food  or  the
  container thereof while the same is stored in a refrigerated warehouse.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 237 - Reports of Holdings.

§ 237. Reports  of  holdings.  Licensed  refrigerated warehouses shall
  submit monthly reports to the commissioner, upon a form to be prescribed
  by him, setting forth the quantity of each and every food product stored
  in the refrigerated  warehouse  of  the  licensee,  except  holdings  in
  break-up  rooms,  processing  rooms  and ice cream hardening rooms. Such
  reports shall be filed on or before the fifth business day of each month
  and shall show the holdings on the last day of the preceding month.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 238 - Exemptions as to Locker Plants.

§ 238. Exemptions   as   to   locker   plants.  Sections  two  hundred
  thirty-four, two hundred thiryt-five two  hundred  thirty-six,  and  two
  hundred thirty-seven of this chapter shall apply to locker plants, only,
  when,  in  addition  to  their  locker operations, such plants conduct a
  refrigerated warehouse business within the meaning of the law.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 239 - Unfit Food to Be Condemned.

§ 239. Unfit food to be condemned. No article of food shall be placed,
  received,  or  kept in any refrigerated warehouse or locker plant unless
  the  same  is  in  an  apparently  pure  and  wholesome  condition.  The
  commissioner  may  seize  and  condemn  any  articles  of  food  in  any
  refrigerated warehouse or locker plant which are found to be  unfit  for
  consumption;  and  such articles of food shall be destroyed or otherwise
  disposed of so as to prevent their being used for food.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 241 - Transfer of Food Held in Refrigerated Warehouse.

§ 241. Transfer  of  food held in refrigerated warehouse. The transfer
  of any food from one refrigerated warehouse or locker plant  to  another
  for  the  purpose  of  evading  any provisions of this article is hereby
  prohibited.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 242 - Power of Commissioner to Investigate.

§ 242. Power  of  commissioner  to investigate. The commissioner shall
  have power  to  investigate  any  transaction  in  connection  with  the
  operation of any refrigerated warehouse or locker plant, and may examine
  the  records  of  any  person  or  corporation applying for or holding a
  license; but  information  relating  to  the  general  business  of  the
  applicant  or licensee which may be disclosed by such investigation, and
  which is not related to the immediate purpose thereof, shall  be  deemed
  of a confidential nature by the commissioner.
2023 New York Laws › AGM - Agriculture and Markets › Article 19 - Refrigerated Warehouses and Locker Plants › 243 - Rules and Regulations.

§ 243. Rules   and  regulations.  The  commissioner  shall  adopt  and
  promulgate such rules and regulations to supplement and give full effect
  to the provisions of this article as he may deem necessary.  Such  rules
  and  regulations  shall  be  filed and open for public inspection at the
  principal office of the department, and shall have the force of law.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 244 - Statement of Policy and Application of Article.

§ 244. Statement of policy and application of article. 1. This article
is  enacted  in  the  exercise  of the police power of the state and its
purposes generally are to suppress and  prevent  unfair  and  fraudulent
practices  in  the marketing within this state of farm products produced
therein and to safeguard the producers and  dealers  of  this  state  in
certain  marketing  transactions  relative  to  such farm products. This
article shall  apply  only  to  transactions  concerning  farm  products
produced within this state, or concerning livestock produced outside the
state when such transactions are either entered into or attempted within
the  state,  and where such transactions involve a dealer doing business
within this state. Farm products shipped from a point within this  state
shall be presumed to have been produced within the state.
2.  (a)  This  article shall not apply to the sale of farm products at
auction held at the premises of the owner  of  said  farm  products  and
where  said sales do not exceed one sale a year, nor to any agricultural
cooperative corporation as defined in subdivision  (a)  of  section  one
hundred  eleven  of  the  cooperative  corporations  law when receiving,
processing, and marketing farm products of its producer members, nor  to
persons  required  to  file  and  maintain  a mandatory surety under the
federal packers and stockyards act with respect  to  their  transactions
regulated under that act.
(b)  The  licensing, bonding and stated grape price provisions of this
article shall not apply to: (i) any person whose annual dealings in farm
products do not exceed the sum of twenty thousand dollars; or  (ii)  any
agricultural  cooperative  with  respect  to the receipt, processing and
marketing of grapes  or  grape  products  of  its  producer  members  or
non-members  of  such  cooperative  on  the  basis  of  their patronage,
provided, however, that the annual purchase of grape or  grape  products
from  non-members  of  such  cooperative shall not exceed the sum of one
hundred  thousand  dollars;  or  (iii)   a   charitable   not-for-profit
organization  which  receives  for distribution donated farm salvage, as
defined in section two hundred seventeen of this chapter.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 246 - Unlawful Conduct.

§  246.  Unlawful  conduct. It shall be unlawful: 1. For any person to
  act as a dealer unless licensed  pursuant  to  the  provisions  of  this
  article.
2. For any dealer to make any fraudulent charge in respect to any farm
  product.
3.  For  any  dealer  to  reject  or  fail  to account and make prompt
  payment, without reasonable cause, for  any  farm  products,  bought  or
  contracted to be bought or negotiated to be bought by such dealer.
4.  For  any  dealer  to  discard, dump or destroy, without reasonable
  cause, any farm products received by him or her.
5. For any dealer to make any false or misleading statement, or  other
  misrepresentation  concerning the condition, quality, grade, quantity or
  disposition of or condition of the market for any farm products received
  by or bought or contracted to be bought by such dealer, or the  purchase
  or sale of which is negotiated by such dealer.
6.  For  any  dealer directly or indirectly to purchase for his or her
  own account farm products received by him or her for sale on commission,
  without prior authority from or without notifying the consignor thereof.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 247 - Power of Commissioner to Investigate.

§  247. Power of commissioner to investigate. The commissioner and his
  or her authorized representatives shall have access to and may enter  at
  all  reasonable  hours  all  places  where farm products are being held,
  packaged, processed or stored, or where such  farm  products  are  being
  bought,  sold  or  handled,  and shall have access to the books, papers,
  records and documents relating to transactions involving farm  products,
  and  shall  have  the  power  to inspect and copy the same, and may take
  testimony under oath concerning any matter related to the administration
  and enforcement  of  this  article.  Any  information  relating  to  the
  business   disclosed   by  such  investigation  shall  be  held  by  the
  commissioner  as  confidential  except  that  such  information  may  be
  disclosed  in the administration and enforcement of this article. In the
  event any person refuses the  commissioner  or  his  or  her  authorized
  representatives  access  to  any premises, the commissioner may apply to
  the state supreme court for an administrative inspection  warrant  which
  shall  be  granted  upon a showing by the commissioner that the premises
  sought to be inspected are or may be utilized by such person to  conduct
  any activity subject to regulation under this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 247-A - Liability to Person Injured.

§  247-a.  Liability  to  person injured. Any dealer, who violates any
  provisions of section two hundred forty-six of this  article,  shall  be
  liable  to  the  person  injured  thereby for the full amount of damages
  resulting from such violation.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 248 - Dealers to Be Licensed and to Provide Security and to Deposit Fee.

§  248.  Dealers to be licensed and to provide security and to deposit
fee. 1. (a) No person shall act as a dealer unless licensed as  provided
in  this  article. Application shall be made upon such forms and at such
times as prescribed by the commissioner. Renewal applications  shall  be
submitted  to  the  commissioner  at  least  thirty  days  prior  to the
expiration  of  the  existing  license.  No  action  will  be  taken  on
applications  deemed incomplete by the commissioner. The applicant shall
furnish evidence of his or her  good  character,  financial  statements,
prepared and certified by a certified public accountant when required by
the  commissioner,  and  evidence  that  he or she has adequate physical
facilities for receiving and handling farm products or  processing  farm
products  if  he  or  she is to act as a dealer. The commissioner, if so
satisfied, shall issue to such applicant, upon the filing of a  bond  or
letter  of  credit  and  upon  payment of a fee to be deposited into the
agricultural producers security fund as hereinafter provided, a  license
entitling  the  applicant  to  conduct  the business of a dealer in farm
products for a period of one year. Notwithstanding any  other  provision
of this section, an applicant who intends to pay and a licensee who pays
upon delivery for purchases of farm products from producers, in cash, or
cash  equivalent,  including  only certified or bank check, money order,
electronic funds transfer, or by debit card, shall be exempt from filing
a bond or letter of credit. In the event that a licensee who has been so
exempted from filing a bond or letter of credit fails to pay cash  or  a
cash  equivalent  upon delivery for any purchase of farm products from a
producer, such licensee shall  file  a  bond  or  letter  of  credit  as
otherwise  required  by this section with the commissioner no later than
ten business days from the date the commissioner notifies  the  licensee
that such bond or letter of credit is required.
(b)  The commissioner is authorized to stagger the commencement of the
license year among licensees, and shall prorate the license  application
fee   and   agricultural   producers   security  fund  fee  accordingly.
Notwithstanding  any  other  provision  of  law  to  the  contrary,  the
commissioner  is  hereby  authorized and directed to deposit all license
fees received pursuant to this section  in  the  agricultural  producers
security fund.
2.  Before  commencing  or doing any business for the time for which a
license has been issued, said license shall be enclosed  in  a  suitable
wood or metal frame having a clear glass space and a substantial wood or
metal  back  so  that the whole of said license may be seen therein, and
shall be posted and at all times displayed in a conspicuous place in the
room where such business is carried on, so  that  all  persons  visiting
such place may readily see the same.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 249 - Granting, Revoking or Suspending Licenses.

§ 249. Granting, revoking or suspending licenses. The commissioner may
  decline  to  grant  or  renew  a license, or revoke or suspend a license
  already granted, upon due notice and opportunity for a  hearing  to  the
  applicant or licensee, and upon finding of one or more of the following:
1.  That  the  licensee  or  applicant  has  violated any provision of
  section two hundred forty-six of this article.
2. That the licensee has made a general assignment for the benefit  of
  creditors  or  is  insolvent  or where a money judgment has been secured
  against  him  or  her,  upon  which  an  execution  has  been   returned
  unsatisfied and the time to appeal therefrom has expired.
3.  That  there has been a continued course of dealing or operation of
  the business of the applicant or licensee of such a nature as to satisfy
  the commissioner of the inability or the unwillingness of the  applicant
  or  licensee  to  conduct  his  or  her  business in compliance with the
  provisions of this chapter, or of such  rules  and  regulations  as  the
  commissioner may adopt.
4. That there has been a continued failure to keep records required by
  the commissioner or by law.
5.  That the applicant or licensee has failed to provide such security
  as required by the commissioner pursuant to this article.
6. That the applicant or licensee has been a party to or is conspiring
  to enter a combination to fix prices contrary to law.
7. That the applicant or licensee has solicited, purchased or received
  farm products contracted to another licensee.
8. That the applicant or licensee has failed to comply with any  other
  provisions of this chapter, article or rules and regulations promulgated
  thereunder.
9.  That  the  applicant  or licensee has made any false or misleading
  statement in his or her application to the commissioner for  a  license,
  or concerning any matter enumerated in this article.
10.  That  the  applicant  or  licensee  or any individual holding any
  position or interest or power of control of the  applicant  or  licensee
  had  previously  been  responsible  in  whole  or in part for any act on
  account of which a license may have been suspended or  revoked  pursuant
  to the provisions of this article.
11. That the licensee has violated the posting requirements of section
  two hundred forty-eight of this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 250-A - Trust Upon Farm Products and Sales Proceeds for the Benefit of Producers.

§  250-a.  Trust upon farm products and sales proceeds for the benefit
  of producers. 1. Farm products received by a dealer in all  transactions
  and all inventories of food or other products derived from farm products
  and  any  receivables  or  proceeds from the sale of such farm products,
  food or other products shall be held by such dealer  in  trust  for  the
  benefit of all unpaid producers of such farm products until full payment
  of  the  amounts  owing  in  connection  with such transactions has been
  received by such producers.
2. To preserve the trust benefit provided by this section, a  producer
  must  within  sixty days from the date by which the dealer was obligated
  by statute, regulation or written  agreement  to  make  payment  to  the
  producer,  give  written  notice  to  the  dealer  that  the producer is
  electing  the  trust  benefit.  The  written  notice  shall  set   forth
  information  in sufficient detail to identify the transaction subject to
  the trust. Notwithstanding any  other  provision  of  this  subdivision,
  nothing  shall  prevent  a  producer  from providing notice of the trust
  benefit election to a dealer prior to the date by which the  dealer  was
  obligated to make payment.
3. Trust beneficiaries shall have a cause of action to enforce payment
  from  the trust. The supreme court is hereby vested with jurisdiction to
  entertain such actions. A producer who prevails in an action to  enforce
  payment from the trust shall recover from the dealer related costs, fees
  and disbursements and may recover reasonable attorney fees as determined
  by the court.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 250-C - Stationery and Advertising to Show License.

§  250-c. Stationery and advertising to show license. Where a licensee
  displays on his or her stationery or in his or her advertising the words
  licensed or bonded, or a combination of the words licensed  and  bonded,
  said  licenses  shall  have  printed  on  said  stationery  or  in  said
  advertising the following statement:    "New  York  State  Licensed  and
  Bonded Farm Products Dealer".
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 250-D - Record and Report of Sales; Preservation of Records by Dealers.

§  250-d.  Record  and  report  of  sales;  preservation of records by
  dealers.  Every dealer shall, upon receipt of farm products and as he or
  she handles and disposes of the same, make and  preserve  for  at  least
  three  years  a record thereof, specifying the date of receipt, the kind
  and quantity of such farm products, and the  name  and  address  of  the
  producer  or  other  person from which said farm products were received,
  and any fees relative to the sale and the date and  method  of  payment,
  including  any  offsets  in the purchase price. In the event a dealer is
  also a producer of farm products, such dealer-producer shall maintain  a
  separate record for those farm products produced by him or her.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 250-F - Stated Grape Price.

§   250-f.  Stated  grape  price.  Notwithstanding  any  provision  of
  subdivision one of section two hundred fifty-e of this  article,  except
  with  respect  to  such cooperative member patrons, it shall be unlawful
  for any processor doing business in New York to purchase or  receive  or
  attempt to purchase or receive grapes grown in New York state unless the
  processor  sets  forth  and makes available to any selling or delivering
  party, not later than August fifteenth in the year in which  the  grapes
  are  to  be delivered, the sum total in dollars and cents of all amounts
  paid or to be paid per unit; provided, however, that a processor  and  a
  producer  may  negotiate without restriction a price for up to five tons
  of grapes per variety, not to exceed a maximum of twenty tons of  grapes
  total,  other  than  the  price  originally  set  forth pursuant to this
  section provided that any such negotiated prices shall be set  forth  in
  writing  by  the  processor  no  later than the date of delivery of said
  grapes. Where a selling or delivering party has a contract for  delivery
  of  such  grapes  to  a  processor,  the processor shall, not later than
  August fifteenth in the year in which such grapes are to  be  delivered,
  mail  to  the  delivering  or selling party written notice of the stated
  grape price and of the opportunity to refuse to so deliver with  respect
  thereto.  Such  notice  may  also  be  provided  by  facsimile, or other
  electronic means to selling or delivering parties who have  the  ability
  to  accept  notice  in  that manner and have agreed to accept service by
  such means. The processor shall also  provide  to  the  commissioner  by
  mail,  facsimile,  or  other  electronic  means,  no  later  than August
  fifteenth of each year in which such  grapes  are  to  be  delivered,  a
  written statement of the stated grape price to be paid for such grapes.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 250-G - Release of Security by Commissioner.

§ 250-g. Release of security by commissioner. If upon investigation by
  the  commissioner,  the  licensee  is  found  to have fully paid all the
  producers of farm products received or purchased  by  him  or  her,  the
  commissioner may cancel the license of such licensee upon request of the
  licensee  and  release  security  deposited with a bank or trust company
  pursuant to section two  hundred  fifty  of  this  article,  other  than
  contributions  to  the  agricultural  producers  security  fund.    Such
  contributions to the agricultural producers security fund shall  not  be
  construed to create a legal and equitable interest in such funds for any
  licensee or producer.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 250-H - Review.

§  250-h. Review. The determination of the commissioner in refusing to
  grant, suspending or revoking a license, or in determining a claim filed
  pursuant to this article shall  be  subject  to  review  in  the  manner
  provided  by  article seventy-eight of the civil practice law and rules.
  The determination of the commissioner  shall  be  final,  unless  within
  thirty days from the date of service thereof on the applicant, licensee,
  claimant,  or  any  other  person  adversely  affected,  a proceeding is
  instituted to review such determination.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 250-I - Rules and Regulations.

§ 250-i. Rules and regulations. The commissioner is hereby authorized,
  after  public  hearing, to adopt such rules and regulations as he or she
  may deem necessary to administer the provisions of  this  article.  Such
  rules  and  regulations shall be filed and open for public inspection at
  the principal offices of the department and with the secretary of state.
2023 New York Laws › AGM - Agriculture and Markets › Article 20 - Licensing of Farm Products Dealers › 250-K - Remidies.

§  250-k.  Remedies. The commissioner may institute such action at law
  or in equity  as  may  be  necessary  to  enforce  compliance  with  any
  provisions  of  this  article  or  of any rule or regulation promulgated
  hereunder. In addition to any other remedy prescribed in  article  three
  of  this chapter, or otherwise, if necessary to protect the producers or
  dealers of  this  state,  the  commissioner  may  apply  for  relief  by
  injunction  without  alleging  or proving that an adequate remedy at law
  does not exist. Such application may be made to the supreme court in any
  district or county, as provided by the civil practice law and rules,  or
  to the supreme court in the third department.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-1 - Declaration of Policy and Purpose.

§ 251-z-1. Declaration  of policy and purpose. The general purposes of
  this article are to assure that foods processed in New  York  state  and
  offered  for  sale for human consumption are pure and wholesome and that
  the food processing establishments, in which such foods are manufactured
  or processed, conform to proper operating and sanitary standards.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-2 - Definitions.

§ 251-z-2. Definitions.  1. The terms "food" and "food products" shall
  include all articles of food, drink, confectionery or condiment, whether
  simple, mixed or compound, used or intended for use  by  man  and  shall
  also  include  all substances or ingredients to be added to food for any
  purpose.
2. "Person"  shall  mean  any  individual,  corporation,  partnership,
  association  or other organized group of persons, or any business entity
  by whatever name designated and whether or not incorporated.
3. The term "food processing  establishment"  means  any  place  which
  receives  food  or  food  products  for  the  purpose  of  processing or
  otherwise adding to the value of the product  for  commercial  sale.  It
  includes,  but  is not limited to, bakeries, processing plants, beverage
  plants and food manufactories. However, the term does not include: those
  establishments that process and manufacture food or food  products  that
  are  sold  exclusively  at retail for consumption on the premises; those
  operations which cut meat and sell such meat at retail on the  premises;
  bottled  and bulk water facilities; those food processing establishments
  which are covered by articles  four,  four-a,  five-a,  five-b,  five-c,
  five-d, seventeen-b, nineteen, twenty-b, and twenty-one of this chapter;
  service  food  establishments,  including  vending machine commissaries,
  under permit and inspection by the state department of health  or  by  a
  local  health agency which maintains a program certified and approved by
  the state commissioner of health;  establishments  under  federal  meat,
  poultry  or  egg product inspection; or establishments engaged solely in
  the harvesting, storage, or distribution of one or more raw agricultural
  commodities which are ordinarily cleaned, prepared, treated or otherwise
  processed before being marketed to the consuming public.
4. The term "processing" means processing foods in any manner, such as
  by manufacturing, canning, preserving,  freezing,  drying,  dehydrating,
  juicing,   pickling,  baking,  brining,  bottling,  packing,  repacking,
  pressing, waxing, heating or cooking, or otherwise treating food in such
  a way as to create a risk that it may become adulterated  if  improperly
  handled.
5.  The  term "chain store" means a food processing establishment that
  is part of a network of subsidiaries, affiliates, or other member stores
  under direct or indirect control of a corporation, partnership,  limited
  liability company, or other organized entity.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-4 - Exemptions.

§ 251-z-4. Exemptions.  In  addition  to  the  exemptions specified in
  subdivision  three  of  section   two   hundred   fifty-one-z-two,   the
  commissioner  may, if he determines that the protection of the consumers
  of the state as a whole will not be impaired by such action, provide  by
  regulation  for  exemption  from  licensing  of  small  food  processing
  establishments  when  he  finds  that  such   exemptions   would   avoid
  unnecessary  regulation and assist in the administration of this article
  without impairing its purposes. Regulations defining such exemptions may
  classify exempted establishments with respect to the volume and types of
  food handled, the types of processing involved, or with respect  to  any
  other  factor or combination thereof which bear a reasonable relation to
  the purposes of this article. Such exemptions may  be  conditioned  upon
  requirements relating to sanitation, record keeping and reporting as the
  commissioner may require.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-5 - Granting, Suspending or Revoking Licenses.

§ 251-z-5. Granting, suspending or revoking licenses. The commissioner
may  decline to grant a new license, may decline to renew a license, may
suspend or revoke  a  license  already  granted  after  due  notice  and
opportunity for hearing whenever he finds that:
(1)  Any  statement  contained in an application for license is or was
false or misleading;
(2) The establishment does not have facilities or equipment sufficient
to maintain adequate sanitation for the activities conducted;
(3) The establishment is  not  maintained  in  a  clean  and  sanitary
condition or is not operated in a sanitary or proper manner;
(4)  The  maintenance  and operation of the establishment is such that
the product produced therein is or may be adulterated;
(5) The establishment has failed or refused to produce any records  or
provide  any information demanded by the commissioner reasonably related
to the administration and enforcement of this article;
(6) The applicant or  licensee,  or  an  officer,  director,  partner,
holder  of  ten  per  cent  of  the  voting  stock,  or any other person
exercising any position of management or control has  failed  to  comply
with  any  of  the  provisions  of this chapter or rules and regulations
promulgated pursuant thereto; or
(7) Any person including the applicant or  licensee,  or  an  officer,
director,  partner  or  any  stockholder,  exercising  any  position  of
management or control has been convicted of a felony in any court of the
United States or any state or territory.
(8) A retail food store licensed under this article  fails  to  comply
with  the  education  requirements  set  forth  in  section  two hundred
fifty-one-z-twelve of this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-6 - Review.

§ 251-z-6. Review. The action of the commissioner in refusing to grant
  or  reissue  a license, or in suspending or revoking a license, shall be
  subject to review in the manner provided by article seventy-eight of the
  civil practice law and rules. The decision of the commissioner shall  be
  final  unless within thirty days from the date of service thereof on the
  applicant or licensee, a proceeding is instituted to review such action.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-7 - Records to Be Kept by Licensee.

§ 251-z-7. Records  to  be  kept by licensee. Every operator of a food
  processing establishment shall keep, in such form  as  the  commissioner
  shall  approve,  such  records  as  may  be required by the commissioner
  pursuant to rules and regulations promulgated pursuant to this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-8 - Power of Commissioner to Investigate.

§ 251-z-8. Power  of commissioner to investigate. The commissioner and
  his duly authorized representatives in the performance of his  licensing
  and  inspection  duties  under this article shall have access to and may
  enter at all reasonable hours all places where food or food products are
  being manufactured, packaged, processed or stored, or where food or food
  products are being bought, sold or handled.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-9 - Rules and Regulations.

§ 251-z-9. Rules   and   regulations.   The   commissioner  is  hereby
  authorized, after public hearing, to adopt, amend, promulgate and  issue
  rules  and  regulations,  including,  but  not  limited  to  regulations
  prescribing good manufacturing practices and requiring records  relating
  to processing data and food distribution patterns, food safety education
  programs  and  requirements, and such other regulations as he or she may
  deem necessary to supplement and give  full  force  and  effect  to  the
  provisions  of  this  article.  A  proposal  to adopt applicable federal
  regulations pursuant  to  the  federal  food,  drug  and  cosmetic  act,
  relating  to  commercially  processed foods for human consumption may be
  adopted without public hearing.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-10 - Penalties.

§ 251-z-10. Penalties.  No operator of a food processing establishment
  shall fail to conform to any requirement of or violate any provision  of
  this  article  or  of  the rules and regulations promulgated thereunder.
  Each day's operation  of  a  food  processing  establishment  without  a
  license   shall   constitute  a  separate  violation  of  this  article,
  punishable by the penalties described in article three of this  chapter,
  in addition to the remedies provided in this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-11 - Remedies.

§ 251-z-11. Remedies.  The  commissioner  may institute such action at
  law or in equity as may be necessary  to  enforce  compliance  with  any
  provision  of  this  article  or  of  any  rule or regulation applicable
  thereto or promulgated thereunder.  In  addition  to  any  other  remedy
  prescribed  in article three of this chapter, or otherwise, he may apply
  for relief by injunction without alleging or proving  that  an  adequate
  remedy  at  law  does  not  exist.  Such  application may be made to the
  supreme court in any district  or  county,  as  provided  by  the  civil
  practice  law  and  rules, or to the supreme court in the third judicial
  district.
2023 New York Laws › AGM - Agriculture and Markets › Article 20-C - Licensing of Food Processing Establishments › 251-Z-13 - Severability.

§ 251-z-13. 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 provision 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 21 - Milk Control › 252 - Division of Milk Control.

§ 252. Division  of  milk  control. There shall be in the department a
  division to be known as the division of milk control. The  head  of  the
  division  shall be a director who shall be appointed by the commissioner
  and serve during his pleasure. The functions, powers and duties  of  the
  department,  as  provided  by  this article, and by article four of this
  chapter, shall be exercised and performed therein  by  and  through  the
  division  of  milk  control.  The  commissioner  may delegate any of his
  powers to, or direct any of his duties to be performed by  the  director
  of the division of milk control.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 254 - General Powers.

§ 254. General  powers.  The  department  through  the commissioner is
hereby vested with the powers heretofore conferred with respect to  milk
gathering stations, manufactories and plants, including the following:
(a)  To  supervise  and  regulate the entire milk industry of New York
state, including the production, transportation,  manufacture,  storage,
distribution,  delivery  and sale of milk and milk products in the state
of New York; provided, however, that nothing contained in  this  article
shall  be construed to abrogate or affect the status, force or operation
of any provision of the public health law, the public service  law,  the
state sanitary code or any local health ordinance or regulation.
(b)   To   investigate  all  matters  pertaining  to  the  production,
manufacture, storage, transportation, disposal, distribution and sale of
milk and milk products in the state of New York. The commissioner  shall
have  the  power  to  subpoena  milk  dealers,  their records, books and
accounts, and any other person from whom information may be  desired  to
carry  out  the  purpose  and  intent  of  this  chapter  and  may issue
commissions to take depositions of witnesses absent from the state.  Any
designated  employee  may  sign  and  issue subpoenas and may administer
oaths to witnesses and conduct hearings and investigations.  A  subpoena
issued  under  this section shall be regulated by the civil practice law
and rules.
(c) The commissioner  may  act  as  mediator  and  arbitrator  in  any
controversy or issue that may arise among or between producers, among or
between  producers  and  milk dealers, among or between milk dealers, as
between themselves or that may arise between them as groups.
(d) The  operation  and  effect  of  any  provision  of  this  article
conferring  a  general  power  shall not be impaired or qualified by the
granting by this article of a specific power or powers.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 254-A - Milk Marketing Advisory Council.

§ 254-a. Milk   marketing   advisory   council.   1.  There  shall  be
established a milk marketing advisory council to advise the commissioner
in planning, programs and  policy  pertaining  to  milk  marketing.  The
council  will  be  convened  at the request of the commissioner not less
than two times per year.
2. This advisory council shall consist of not less than seven  members
who shall be appointed by and serve at the pleasure of the commissioner.
The  commissioner shall designate one member to serve as chairman of the
council.   The membership of the  council  shall  include,  but  not  be
limited to milk producers, milk dealers, representatives of general farm
organizations   and   dairy   farmer   cooperative   associations,   and
representatives of milk consumers and representatives of milk retailers.
The members shall  serve  without  salary,  but  shall  be  entitled  to
reimbursement of their ordinary and necessary travel expenses.
3.  The  duties  and  responsibilities  of the milk marketing advisory
council shall be prescribed by the commissioner and he may  specifically
delegate  to  the  council  any  or  all  of  the  following  duties and
responsibilities:
(a) The recommendation to  the  commissioner  of  proposed  rules  and
regulations to effectuate the purposes of this article.
(b) The recommendation to the commissioner of changes or amendments to
rules and regulations.
(c)  The  recommendation  to the commissioner of policy positions with
respect to proposed federal legislation and regulations  affecting  milk
marketing within the state.
(d)  Assisting  the  commissioner  in  the  collection and assembly of
information and data necessary for the  proper  administration  of  this
article.
(e)  Study  of milk marketing matters pertaining to the administration
of this article and inform the commissioner of their findings.
(f)  The  performance  of  such   other   duties   relating   to   the
administration of this article as the commissioner shall designate.
2023 New York Laws › AGM - Agriculture and Markets › Article 21 - Milk Control › 255 - Rules and Orders.

§ 255. Rules  and  orders.  The commissioner may adopt and enforce all
  rules and all orders necessary to  carry  out  the  provisions  of  this
  article.  Every  rule  or  order  shall  be  filed  in the office of the
  department of state, except an  order  directed  only  to  a  person  or
  persons  named  therein  which shall be served by personal delivery of a
  copy, or by mailing a copy in a sealed envelope with postage prepaid  to
  each  person  to  whom  such  order  is  directed,  or, in the case of a
  corporation, to any officer or agent of  the  corporation  upon  whom  a
  summons  may  be  served  in accordance with the provisions of the civil
  practice law and rules.  The filing of any rule and of  any  order,  not
  herein  required to be served, in the office of the department of state,
  shall constitute due and sufficient notice to all  persons  affected  by
  such  rule  or order. A rule when duly filed as provided in this section
  shall have the force and effect of law.