Title AGM, Agriculture & Markets

§ 225. Wood products development council. 1. There is hereby\nestablished within the department a wood products development council.\nSuch council shall consist of the commissioner, the commissioners of\nenvironmental conservation and economic development, or their designees,\na…

§ 226. Natural fiber textile development workgroup. 1. There is hereby\nestablished within the department a natural fiber textile development\nworkgroup. The commissioner, in conjunction with the commissioner of\neconomic development shall convene an annual workgroup of stakehol…

§ 23. Records, documents and papers of the department. All\nproceedings, documents, papers and records filed or deposited with the\ndepartment relating to matters within its jurisdiction and powers shall\nbe public records; except such portions thereof as are received and\naccep…

§ 230. Definitions. As used in this article: 1. The term\n"refrigeration," shall mean the storage or keeping of articles of food\nin a refrigerated warehouse at or below a temperature above zero of\nforty-five degrees Fahrenheit.\n 2. The term "refrigerated warehouse" shall mean…

§ 231. Licenses, issuance of. No person or corporation shall maintain\nor operate any refrigerated warehouse and/or locker plant unless\nlicensed by the commissioner. Application shall be made upon a form\nprescribed by the commissioner. The applicant shall satisfy the\ncommissi…

§ 232. Licenses, suspension or revocation of; review. The commissioner\nmay suspend a license if any warehouse or locker plant covered by the\nlicense shall be found to be conducted in an insanitary manner, such\nsuspension to continue until the unsatisfactory conditions of sani…

§ 233. Licensee to render financial statements. A licensee shall from\ntime to time, when required by the commissioner, make and file with the\ncommissioner a verified statement exhibiting his or its financial\ncondition as of a date to be prescribed by the commissioner. Such\ns…

§ 234. Records to be kept by refrigerated warehouse licensee. The\nrefrigerated warehouse licensee shall assign to each lot of food, when\nreceived for storage in a refrigerated warehouse, a distinguishing lot\nnumber for the purpose of identification, and shall keep an accurate…

§ 234-a. Records to be kept by locker plant licensee. The locker plant\nlicensee shall assign a designating number to each locker and keep an\naccurate record of the name and address of lessee of each locker, by its\ndesignated number.\n

§ 235. Marking of food held under refrigeration. No person or\ncorporation shall place, receive or keep in a refrigerated warehouse any\narticle of food, except fruits and vegetables, unless plainly marked or\ntagged, either upon the container in which it is stored or upon the\n…

§ 236. Removal of marks. It shall be unlawful for any person to alter,\nmutilate, destroy, obscure, obliterate, or remove any mark or tag\nrequired by this article to be placed on any article of food or the\ncontainer thereof while the same is stored in a refrigerated warehouse.…

§ 237. Reports of holdings. Licensed refrigerated warehouses shall\nsubmit monthly reports to the commissioner, upon a form to be prescribed\nby him, setting forth the quantity of each and every food product stored\nin the refrigerated warehouse of the licensee, except holdings …

§ 238. Exemptions as to locker plants. Sections two hundred\nthirty-four, two hundred thiryt-five two hundred thirty-six, and two\nhundred thirty-seven of this chapter shall apply to locker plants, only,\nwhen, in addition to their locker operations, such plants conduct a\nrefri…

§ 239. Unfit food to be condemned. No article of food shall be placed,\nreceived, or kept in any refrigerated warehouse or locker plant unless\nthe same is in an apparently pure and wholesome condition. The\ncommissioner may seize and condemn any articles of food in any\nrefrige…

§ 24. Publication of department bulletins, publications and reports.\nThere may be published by the department from time to time bulletins or\nother publications and reports containing accurate data, statistics and\ninformation.\n 1. As to agriculture, agricultural production, a…

§ 240. Length of storage period. 1. No person or corporation shall\nkeep or permit to remain in any refrigerated warehouse or locker plant\nany article of food beyond the time when it is sound and wholesome and\nfit to remain in storage. If any article of food is found to be fit…

§ 241. Transfer of food held in refrigerated warehouse. The transfer\nof any food from one refrigerated warehouse or locker plant to another\nfor the purpose of evading any provisions of this article is hereby\nprohibited.\n

§ 242. Power of commissioner to investigate. The commissioner shall\nhave power to investigate any transaction in connection with the\noperation of any refrigerated warehouse or locker plant, and may examine\nthe records of any person or corporation applying for or holding a\nli…

§ 243. Rules and regulations. The commissioner shall adopt and\npromulgate such rules and regulations to supplement and give full effect\nto the provisions of this article as he may deem necessary. Such rules\nand regulations shall be filed and open for public inspection at the\…

§ 244. Statement of policy and application of article. 1. This article\nis enacted in the exercise of the police power of the state and its\npurposes generally are to suppress and prevent unfair and fraudulent\npractices in the marketing within this state of farm products produc…

§ 245. Definitions. 1. "Farm products" includes all agricultural,\nhorticultural, floricultural, and vegetable and fruit products of the\nsoil, Christmas trees, livestock and meats, poultry, nuts, honey, maple\ntree sap and maple products produced therefrom, wool, hides, hay, st…

§ 246. Unlawful conduct. It shall be unlawful: 1. For any person to\nact as a dealer unless licensed pursuant to the provisions of this\narticle.\n 2. For any dealer to make any fraudulent charge in respect to any farm\nproduct.\n 3. For any dealer to reject or fail to account a…

§ 247. Power of commissioner to investigate. The commissioner and his\nor her authorized representatives shall have access to and may enter at\nall reasonable hours all places where farm products are being held,\npackaged, processed or stored, or where such farm products are bei…

§ 247-a. Liability to person injured. Any dealer, who violates any\nprovisions of section two hundred forty-six of this article, shall be\nliable to the person injured thereby for the full amount of damages\nresulting from such violation.\n

§ 248. Dealers to be licensed and to provide security and to deposit\nfee. 1. (a) No person shall act as a dealer unless licensed as provided\nin this article. Application shall be made upon such forms and at such\ntimes as prescribed by the commissioner. Renewal applications sh…

§ 249. Granting, revoking or suspending licenses. The commissioner may\ndecline to grant or renew a license, or revoke or suspend a license\nalready granted, upon due notice and opportunity for a hearing to the\napplicant or licensee, and upon finding of one or more of the follo…

§ 25. Annual reports. The commissioner may require all agricultural\nsocieties receiving money from the state to make reports to the\ndepartment, and may prescribe the form of such reports.\n

§ 250. Form and amount of security; agricultural producers security\nfund; scope of coverage. 1. (a) The bond or letter of credit required\nby section two hundred forty-eight of this article shall be upon a form\nprescribed by the commissioner and shall be in the sum fixed by th…

§ 250-a. Trust upon farm products and sales proceeds for the benefit\nof producers. 1. Farm products received by a dealer in all transactions\nand all inventories of food or other products derived from farm products\nand any receivables or proceeds from the sale of such farm pro…

§ 250-b. Producer claims against security and agricultural producers\nsecurity fund. 1. (a) A producer who has not received full payment of\namounts due for farm products in accordance with the prompt payment\nprovisions of sections two hundred forty-five and two hundred forty-s…

§ 250-c. Stationery and advertising to show license. Where a licensee\ndisplays on his or her stationery or in his or her advertising the words\nlicensed or bonded, or a combination of the words licensed and bonded,\nsaid licenses shall have printed on said stationery or in said…

§ 250-d. Record and report of sales; preservation of records by\ndealers. Every dealer shall, upon receipt of farm products and as he or\nshe handles and disposes of the same, make and preserve for at least\nthree years a record thereof, specifying the date of receipt, the kind\…

§ 250-e. Records to be kept by dealer-processors; deductions for\npayments to cooperatives. 1. It shall be unlawful for a dealer to\npurchase or receive, or for a seller to deliver, farm products for\nprocessing as defined by this article unless the party receiving or\npurchasin…

§ 250-f. Stated grape price. Notwithstanding any provision of\nsubdivision one of section two hundred fifty-e of this article, except\nwith respect to such cooperative member patrons, it shall be unlawful\nfor any processor doing business in New York to purchase or receive or\na…

§ 250-g. Release of security by commissioner. If upon investigation by\nthe commissioner, the licensee is found to have fully paid all the\nproducers of farm products received or purchased by him or her, the\ncommissioner may cancel the license of such licensee upon request of t…

§ 250-h. Review. The determination of the commissioner in refusing to\ngrant, suspending or revoking a license, or in determining a claim filed\npursuant to this article shall be subject to review in the manner\nprovided by article seventy-eight of the civil practice law and rul…

§ 250-i. Rules and regulations. The commissioner is hereby authorized,\nafter public hearing, to adopt such rules and regulations as he or she\nmay deem necessary to administer the provisions of this article. Such\nrules and regulations shall be filed and open for public inspect…

§ 250-j. Penalties. Each transaction by a dealer may be considered a\nseparate violation subjecting the dealer to liability pursuant to\nsection thirty-nine of this chapter, in addition to remedies provided in\nthis article.\n

§ 250-k. Remedies. The commissioner may institute such action at law\nor in equity as may be necessary to enforce compliance with any\nprovisions of this article or of any rule or regulation promulgated\nhereunder. In addition to any other remedy prescribed in article three\nof …

§ 251-z-1. Declaration of policy and purpose. The general purposes of\nthis article are to assure that foods processed in New York state and\noffered for sale for human consumption are pure and wholesome and that\nthe food processing establishments, in which such foods are manuf…

§ 251-z-10. Penalties. No operator of a food processing establishment\nshall fail to conform to any requirement of or violate any provision of\nthis article or of the rules and regulations promulgated thereunder.\nEach day's operation of a food processing establishment without a…

§ 251-z-11. Remedies. The commissioner may institute such action at\nlaw or in equity as may be necessary to enforce compliance with any\nprovision of this article or of any rule or regulation applicable\nthereto or promulgated thereunder. In addition to any other remedy\nprescr…

§ 251-z-12. Food safety education. 1. Every retail food store licensed\nunder this article shall have an individual in a position of management\nor control assigned to it who has been issued a certificate of\ncompletion from an approved food safety education program. Individuals…

§ 251-z-13. Severability. If any provision of this article or the\napplication thereof to any person or circumstances is held invalid, such\ninvalidity shall not affect other provisions or applications of the\narticle which can be given effect without the invalid provision or\na…

§ 251-z-2. Definitions. 1. The terms "food" and "food products" shall\ninclude all articles of food, drink, confectionery or condiment, whether\nsimple, mixed or compound, used or intended for use by man and shall\nalso include all substances or ingredients to be added to food f…

§ 251-z-3. Licenses; fees. 1. a. No person shall maintain or operate a\nfood processing establishment unless licensed biennially by the\ncommissioner. Application for a license to operate a food processing\nestablishment shall be made, upon a form prescribed by the commissioner.…

§ 251-z-4. Exemptions. In addition to the exemptions specified in\nsubdivision three of section two hundred fifty-one-z-two, the\ncommissioner may, if he determines that the protection of the consumers\nof the state as a whole will not be impaired by such action, provide by\nreg…

§ 251-z-5. Granting, suspending or revoking licenses. The commissioner\nmay decline to grant a new license, may decline to renew a license, may\nsuspend or revoke a license already granted after due notice and\nopportunity for hearing whenever he finds that:\n (1) Any statement …

§ 251-z-6. Review. The action of the commissioner in refusing to grant\nor reissue a license, or in suspending or revoking a license, shall be\nsubject to review in the manner provided by article seventy-eight of the\ncivil practice law and rules. The decision of the commissione…

§ 251-z-7. Records to be kept by licensee. Every operator of a food\nprocessing establishment shall keep, in such form as the commissioner\nshall approve, such records as may be required by the commissioner\npursuant to rules and regulations promulgated pursuant to this article.…