Title AGM, Agriculture & Markets

§ 160-k. Prohibitions; presumption; rules and regulations. 1. No\nperson shall sell, expose for sale, or transport for sale grapes in open\nor closed packages if the package containing them, the label on them, or\nany advertising accompanying them shall bear any statement, desig…

§ 160-p. Definitions. As used in this article:\n 1. The words "closed package" mean a crate, box, carton or other\ncontainer, the contents of which cannot be adequately inspected without\nopening.\n 2. The word "lettuce" means iceberg type lettuce.\n

§ 160-q. Grades and branding. 1. The commissioner is hereby authorized\nand empowered, after investigation and public hearing, to fix and\npromulgate official standards including good delivery standards enroute\nor at destination for grading and classifying lettuce packed or rep…

§ 160-r. Sale of lettuce. 1. No person shall sell, expose for sale or\ntransport for sale within this state, regardless of place of origin,\nlettuce in closed packages which are not branded as required by section\n160-q, except that lettuce packaged by a retailer and sold or off…

§ 160-s. Rules and regulations. The commissioner is hereby\nauthorized, after public hearing, to adopt and promulgate such rules and\nregulations to supplement and give full effect to the provisions of this\narticle as he may deem necessary.\n

§ 160-t. Application of article. This article shall not apply to\nlettuce which lettuce is ultimately grown outside of the state of New\nYork and only transported through or within this state for sale outside\nNew York.\n

§ 160-u. Manufacture, distribution and sale of maple syrup and sugar.\na. Definitions:\n (1) "Maple sap" means the sap or sweet water obtained by tapping the\nmaple tree.\n (2) "Maple syrup" means syrup made exclusively by the evaporation of\npure maple sap.\n (3) "Maple sugar" …

§ 160-v. Dumping of certain agricultural products; prohibited. 1. No\nperson, firm, partnership, corporation or association that sells, offers\nfor sale or distributes any food product shall dump, or otherwise\ndiscard in a manner reasonably and causally connected to the\ncontam…

§ 161. Definitions. As used in this article:\n 1. The words "nursery stock" shall apply to and include all trees,\nshrubs, plants and vines and parts thereof.\n 2. The words "insect pests" mean insects injurious to plant and plant\nproducts.\n 3. The words "plant and plant produ…

§ 162. Nursery stock; common carriers. No nursery stock shall be\nreceived by a common carrier for shipment into or within the state\nunless accompanied by a copy of an unexpired certificate of inspection\nissued as provided in the subsequent sections of this article.\n

§ 163. Prevention of introduction of injurious insects, noxious weeds,\nand plant diseases. 1. The commissioner shall take such action as he\nmay deem necessary to prevent the introduction into this state of\ninjurious insects, noxious weeds, and plant diseases, provided that he…

§ 163-a. Application. Any nursery grower or nursery dealer, except\nthose nursery dealers selling, transporting, or handling for sale or\notherwise disposing of nursery stock, exclusively consisting of indoor\nplants, at a retail level, desiring to sell, or selling, or handling …

§ 163-b. Registration to sell. 1. The commissioner after a nursery\nhas been found to be apparently free from injurious insects and plant\ndiseases shall register each nursery grower desiring to sell, or\nselling, or handling for sale, or otherwise disposing of nursery stock\nin…

§ 163-c. Revocation of certificates. 1. The commissioner shall at any\ntime have the power to withhold, suspend or revoke any license or\ncertificate for sufficient cause, including the dissemination of false\nor misleading advertising, or the engaging in fraudulent or deceptive…

§ 164. Control and eradication of injurious insects, noxious weeds,\nand plant diseases. 1. The commissioner shall take such action as he\nmay deem necessary to control or eradicate any injurious insects,\nnoxious weeds, or plant diseases existing within the state.\n 2. All tree…

§ 164-a. Shipment of live pests. No person, shall sell, barter, offer\nfor sale, or move, transport, deliver, ship, or offer for shipment, into\nor within this state any living insects in any state of their\ndevelopment, or noxious weeds, living fungi, bacteria, nematodes,\nviru…

§ 165. Damages for property destroyed. No damages shall be awarded\nfor the destruction of infested or infected trees, shrubs, plants and\nvines, host plants or other material under the provisions of this\narticle except as follows: any person deeming himself aggrieved may,\nwit…

§ 166. Examination and certification of nurseries and nursery stock.\n1. The commissioner shall, as often as he or she deems necessary and no\nless than once every two years, inspect all nurseries or places where\nnursery stock is grown for sale. If upon examination it is found …

§ 167. Access to premises; quarantines; rules and regulations. 1. The\ncommissioner or his representatives shall have full access to all\npremises, places, farms, buildings, vehicles, airplanes, vessels and\ncars for the purpose of enforcing the provisions of this article. The\n…

§ 168. Sale of fruit-bearing trees and grapevines; labels; damages.\nThe vendor shall attach to every bundle of fruit-bearing trees and\ngrapevines sold or shipped within this state a tag or label specifying\nthe name of the variety of trees or vines contained therein. If the\nb…

§ 169. Delegation of powers and immunities in regard to dutch elm\ndisease in municipalities. The powers and immunities prescribed and\ngranted in sections one hundred sixty-four, one hundred sixty-five and\none hundred sixty-seven of this article may, within the limits of any\n…

§ 169-a. Spraying fruit trees or crops with poison. Any person who\nsprays with or applies in any way poison or any poisonous substance to\nfruit trees or any alfalfa and clovers grown as field crops while in\nblossom, is guilty of a misdemeanor punishable by a fine of not less\…

§ 169-b. Fees. Notwithstanding any other provision of law to the\ncontrary, the commissioner is hereby authorized and directed to deposit\nall money received from fees collected pursuant to this article in\ndesignated accounts within the miscellaneous special revenue fund.\n

§ 17. Delegation of powers. (a) The commissioner may delegate any of\nhis powers to, or direct any of his duties to be performed by, a deputy\ncommissioner or the director of a bureau and, except where it is\notherwise provided in this chapter or the context otherwise requires,\…

§ 170. Short title. This article shall be known as the caustic poison\nlaw.\n

§ 171. Definitions. 1. The term "dangerous caustic or corrosive\nsubstance" means each and all of the acids, alkalis, and substances\nnamed below: (a) hydrochloric acid and any preparation containing free\nor chemically unneutralized hydrochloric acid (HCI) in a concentration\no…

§ 172. Provisions governing sale and distribution. No person shall\nhereafter sell, barter, or exchange, or receive, hold, pack, display, or\noffer for sale, barter, or exchange, any dangerous caustic or corrosive\nsubstance in a misbranded parcel, package, or container, said pa…

§ 172-a. Injunction proceedings; when authorized. Any dangerous\ncaustic or corrosive substance in a misbranded parcel, package, or\ncontainer suitable for household use, that is being sold, bartered, or\nexchanged, or held, displayed, or offered for sale, barter, or exchange,\n…

§ 172-b. Enforcement of article. The state department of agriculture\nand markets shall enforce the provisions of this article, and it is\nhereby authorized and empowered to approve and register such brands and\nlabels intended for use under the provisions of this article as may…

§ 172-c. Penalties for violations. Any person violating the\nprovisions of this article shall be guilty of a misdemeanor and, upon\nconviction thereof, be punished by a fine of not more than two hundred\ndollars, or by imprisonment for not more than ninety days, or by both\nsuch…

§ 172-d. Prosecutions for penalties. The state department of\nagriculture and markets and each district attorney to whom there is\npresented, or who in any way procures, satisfactory evidence of any\nviolation of the provisions of this article shall cause appropriate\nproceeding…

§ 172-e. Construction of article. This article is not to be construed\nas applying to any substance, subject to this article, sold at wholesale\nor retail for use by a retail druggist in filling, or in dispensing in\npursuance of, a prescription by a physician, dentist or veteri…

§ 173. Apiary industry advisory committee. 1. There is hereby\nestablished within the department an apiary industry advisory committee\nwhich shall consist of no more than fifteen members to be appointed by\nthe commissioner based on their experience and expertise in the apiary\…

§ 173-a. Definitions. When used in this article:\n 1. "Apiary" shall mean any location used for raising honey bees or\nproducing honey or other bee related products.\n 2. "Colony" shall mean any production unit of bees.\n 3. "Nucleus colony or nucs" shall mean a starter colony, …

§ 173-b. Eradication of bee diseases and certain insects affecting\nbees. The commissioner may cause inspections to be made of apiaries in\nthe state for the discovery of infectious, contagious or communicable\ndiseases and for the discovery of insects and parasitic organisms\na…

§ 173-c. Cooperative honey bee health improvement program. 1. In\nsupport of the duties outlined in this article, as well as the goals and\nobjectives for pollinator protection; the commissioner shall create a\ncooperative honey bee health improvement program which will require\…

§ 174. Keeping of diseased and banned bees prohibited; existence of\ndisease to be reported. 1. No person shall keep in such person's\npossession or under such person's care any colony of bees affected with\na contagious or infectious disease or infested by disease or parasitic\…

§ 175. Rules and regulations. The commissioner is hereby authorized,\nafter public hearing, to adopt, promulgate and issue such rules and\nregulations as the commissioner may deem necessary to carry out and give\nfull force and effect to the provisions of this article, including…

§ 175-a. Review by court. The final determination of the commissioner\non a hearing as authorized by subdivision six of section one hundred\nseventy-four of this article may be reviewed in the manner provided by\narticle seventy-eight of the civil practice law and rules, provide…

§ 175-b. Violations; remedies. The commissioner may institute such\naction at law or in equity as may be necessary to enforce compliance\nwith any provision of this article or of any rule or regulation\npromulgated thereunder and in addition to any other remedy prescribed in\nar…

§ 175-m. Offering baby chicks for sale. Before any baby chicks are\noffered for sale at public auction or community sale, except baby chicks\nthat have been duly entered and exhibited at public exhibitions, a\npermit shall be granted to offer such baby chicks for sale by the\nde…

§ 175-n. Application for permit; fee. Any person who desires to offer\nbaby chicks for sale at public auction or community sale shall apply for\na permit to do so prior to the date of the proposed sale to the\ndepartment of agriculture and markets on a form which shall be\npresc…

§ 175-o. Containers; labels. Before any such baby chicks are offered\nfor sale or sold, each box, crate, coop or other container shall be\nplainly labeled with appropriate statements designating the kind and\nnumber of chicks in each such container, the date on which such chicks…

§ 175-p. Reports of sale. Within three days after the sale under\npermit, as provided in this article, shall have been held, the person\nwho conducted the sale shall send a statement to the department giving a\ncomplete list of the number and kind of baby chicks sold at such sal…

§ 175-q. Rules and regulations of department. The department of\nagriculture and markets is hereby authorized to make such rules and\nregulations as may be necessary to administer the provisions of this\narticle.\n

§ 175-r. Violations. Any person who shall violate any of the\nprovisions of this article shall be guilty of a misdemeanor, and upon\nconviction shall be fined in any sum not exceeding one hundred dollars.\n

§ 176. Declaration of policy and purpose. The legislature hereby finds\nand declares that voluntary and orderly conversion to the metric system\nof weights and measures is of vital importance to the economy of the\nstate. It is hereby declared to be the public policy of this sta…

§ 177. Authorized systems of weights and measures; basic units. 1. The\nmetric system of weights and measures and the system of weights and\nmeasures in customary use in the United States are jointly recognized,\nand either system shall be used for all commercial purposes within…

§ 178. Physical standards of weights and measures. The primary\nstandards within this state shall be the weights and measures furnished\nby the government of the United States, based upon the federal prototype\nstandards, and such other standards as may be received from the fede…

§ 179. Powers and duties of the commissioner. The commissioner is\nhereby authorized to:\n 1. Administer, supervise and enforce the provisions of this article.\n 2. Promulgate such rules and regulations as he may deem necessary to\nsupplement and give full effect to this article…