Title AGM, Agriculture & Markets

§ 135-b. Detained commercial feeds. 1. Stop sale order: When the\ncommissioner or his authorized agent has probable cause to believe any\nlot of commercial feed is being, or is about to be distributed in\nviolation of any of the provisions of this article or any of the rules\nan…

§ 135-c. Penalties. Any person who shall violate any of the provisions\nof this article or the rules and regulations duly adopted pursuant\nthereto shall be subject to the penalty provisions of section\nthirty-nine of this chapter, in addition to the remedies provided in\nthis a…

§ 135-d. Enforcement. 1. The commissioner may institute such action at\nlaw or in equity as may appear necessary to enforce compliance with any\nprovision of this article and the rules and regulations adopted and\npromulgated hereunder and, in addition to any other remedy under …

§ 135-e. Cooperation with other entities. The commissioner may\ncooperate with and enter into agreements with governmental agencies of\nthis state, or other states, agencies of the federal government, and\nprivate associations in order to carry out the purpose and provisions of\…

§ 135-f. Publication. The commissioner shall publish at least\nannually, in such forms as he may deem proper, a report of the results\nof the analyses of official samples of commercial feed distributed\nwithin the state and any violations established as a result thereof.\n

§ 135-g. 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 provisions or\napp…

§ 136. Definitions. As used in this article unless otherwise expressly\nstated, or unless the context or subject matter otherwise requires:\n 1. The term "person" shall include any individual, partnership,\ncorporation, company, society, or association.\n 2. The term "seed" mean…

§ 137. Label requirements of all seeds, including lawn-seeding\nmixtures. Each container of seed which is sold, offered or exposed for\nsale, or transported in this state for planting purposes, shall bear\nthereon or have attached thereto in a conspicuous place, a plainly\nwritt…

§ 137-a. Responsibility for labeling. The immediate vendor of any lot\nof seed which is sold, offered or exposed for sale shall be responsible\nfor the presence of the labels required to be attached to said lot of\nseed. The immediate vendor shall be responsible for all labels a…

§ 138. Prohibitions. A. It shall be unlawful for any person to sell,\noffer for sale, expose for sale, or to transport for planting purposes\nany seed within this state:\n 1. Unless the test to determine the percentage of germination as\nrequired by section one hundred thirty-se…

§ 139. Exemptions. The provisions of this article do not apply\n 1. To seed not intended for planting purposes.\n 2. To seed sold by the grower thereof on his own premises and\ndelivered to the vendee or his agent or representative personally on\nsuch premises unless such seed h…

§ 139-a. Tolerances. On account of the unavoidable variations which\noccur between two analyses or tests and likewise between label\nstatements and the results of subsequent analyses and tests, recognized\ntolerances shall be employed in the enforcement of the provisions of\nthi…

§ 14. Offices of department. The principal office of the department\nshall be in the county of Albany in office space to be designated by the\ncommissioner of general services pursuant to law. Branch offices shall\nbe established and maintained by the department in such places a…

§ 140. Samples; publication of results of tests. 1. The commissioner\nor his or her duly authorized representatives shall take samples of\nseeds for examination, analysis, and testing by the department. The\ncommissioner may contract with a qualified laboratory to perform such\n…

§ 140-a. Provision for seed tests. Any citizen of this state shall\nhave the privilege of submitting to the department samples of seeds for\ntesting and analysis subject to payment of a fee to the commissioner\nthat shall, at a minimum, cover the full costs of the services provi…

§ 141. Certification. 1. Certification in this state shall be by the\nstate college of agriculture, or by the department of agriculture and\nmarkets, or by such other agency as the commissioner of agriculture and\nmarkets may designate. This designated agency may cooperate with …

§ 142. Implementation. The commissioner may adopt and promulgate such\nrules and regulations to supplement and give full effect to the\nprovisions of this article as he may deem necessary. The commissioner or\nhis authorized agents may remove from further sale or prohibit from s…

§ 142-a. Stop sale orders. The commissioner may issue and enforce a\nwritten or printed "stop sale, use or removal" order to the owner or\ncustodian of any lot of seed when the commissioner finds that seed is\nbeing offered or exposed for sale in violation of any of the provisio…

§ 142-aa. Definitions and standards. (a) "Agricultural liming\nmaterial," means all materials and all calcium and magnesium products in\nthe oxide, hydrate, carbonate or silicate form or combinations thereof\nand intended for use in the correction of soil acidity, including such…

§ 142-b. The New York native plant seed supply, development and\nenhancement program. 1. The commissioners of the department, the\ndepartment of environmental conservation, and the department of economic\ndevelopment shall establish a New York native plant seed supply,\ndevelopm…

§ 142-bb. Prohibition. 1. No person shall sell, offer or expose for\nsale, barter, give or otherwise supply in this state as an agricultural\nliming material, except as provided in subdivision two of this section,\nany product which does not have a minimum total neutralizing val…

§ 142-cc. Label or accompanying statement and weigh slip. No\nagricultural liming material shall be sold, offered, or exposed for\nsale, bartered, given or otherwise supplied in this state unless there\nshall be affixed to each package in a conspicuous place on the outside\nther…

§ 142-dd. Certificate to be filed. Before any person shall sell, offer\nor expose for sale, barter, give, or otherwise supply in this state any\nproduct labelled as agricultural liming material, he or she shall, for\neach brand thereof, file biennially with the commissioner, upo…

§ 142-ee. License. Each certificate filed pursuant to section one\nhundred forty-two-dd of this article shall be accompanied by an\napplication, upon forms supplied by the commissioner, for a license to\nsupply such material under the brand name specified therein, and there\nsha…

§ 142-ff. Reports and fees. 1. Every licensee shall, on or before the\nfirst day of February in each year report the net tonnage, including\nzero tonnage if applicable, of each brand of agricultural liming\nmaterials sold, bartered, given, or otherwise supplied by him or her in\…

§ 142-gg. Sampling and analyzing. 1. It shall be the duty of the\ncommissioner or his or her duly authorized agent to sample and analyze\neach different brand of agricultural liming material distributed within\nthe state, to such an extent as he or she may deem necessary to\ndet…

§ 142-hh. Stop orders. Whenever the commissioner or representatives of\nthe commissioner shall find any agricultural liming material suspected\nof being supplied in violation of any of the provisions of this article\nthe commissioner or his or her representatives may issue a wri…

§ 143. Definitions. When used in this article, unless otherwise\nexpressly stated:\n a. The term "commercial fertilizer" shall mean any substances\ncontaining one or more recognized plant nutrients which is used for its\nplant nutrient content, and which is designed for use or c…

§ 144. Guaranteed analysis. Guaranteed analysis shall contain a\nstatement of chemical composition in the following form:\n a. A statement of the minimum percentage of claimed plant nutrients\nshall be expressed in whole numbers or as decimal fractions for\nspecialty fertilizers…

§ 145. Labelling. a. No commercial fertilizer shall be distributed in\nthis state in containers unless there shall be placed on or affixed to\nthe container a label setting forth in clearly legible form a statement\nwhich shall certify as follows:\n (1) Net weight of the content…

§ 146. Licensing. (a) No person shall distribute in this state any\ntype of fertilizer until a license to distribute the same has been\nobtained from the commissioner by the person whose labelling is applied\nto such fertilizer upon payment of a one hundred fifty dollar fee. The…

§ 146-a. Inspection, sampling, analysis. a. It shall be the duty of\nthe commissioner, who may act through his authorized agent, to sample,\ninspect, and analyze commercial fertilizers distributed within this\nstate at such time and place and to the extent he may deem necessary …

§ 146-b. Misbranded or adulterated fertilizer. No commercial\nfertilizer shall be distributed in this state if it is deemed to be\nmisbranded or adulterated.\n (a) A commercial fertilizer shall be deemed to be misbranded:\n (1) if its labelling is false or misleading in any part…

§ 146-c. Reports and fees. Each licensee who distributes commercial\nfertilizers in this state shall furnish the commissioner with a written\nstatement of the tonnage of each grade of commercial fertilizer,\nincluding zero tonnage if applicable, sold by him or her in this state\…

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

§ 146-e. Stop sale orders. The commissioner may issue and enforce a\nwritten or printed "stop sale, use or removal" order to the owner or\ncustodian of any lot of commercial fertilizer and to hold at a\ndesignated place when the commissioner finds said commercial fertilizer\nis …

§ 146-f. Ammonium nitrate security. (a) Ammonium nitrate retailers\nshall be registered with the department, and such registration shall be\nbased on criteria set forth by the commissioner in consultation with or\nupon the recommendation of the director of the office of homeland…

§ 146-g. Retail sale. Any retailer who sells or offers for sale to\nconsumers specialty fertilizer in which the available phosphate (P205)\ncontent is greater than 0.67 percent, shall:\n (a) display such phosphorus-containing specialty fertilizer separately\nfrom non-phosphorus …

§ 147-a. Definition. Soil or plant inoculants shall include any\ncarrier or culture of a specific micro-organism or mixture of\nmicro-organisms represented to improve the soil or the growth, quality,\nor yield of plants, and shall also include any seed or fertilizer\nrepresented…

§ 147-b. License. No person shall sell, offer or expose for sale in\nthis state any soil or plant inoculant unless licensed as provided in\nthis section. Application for a license shall be made upon a form\nprescribed by the commissioner and shall include a statement as to\nwhet…

§ 147-c. Label requirements. Each soil or plant inoculant, when sold\nor offered or exposed for sale within this state, shall be clearly and\nplainly labeled to show whether the inoculant is represented as\neffective for inoculating legumes or for some other purpose, and if\nrep…

§ 147-d. Misrepresentations prohibited. No person shall sell or offer\nfor sale or advertise for sale any soil or plant inoculant if the\npackage containing it, or the label or tag attached thereto, or any\nadvertising relative to it, shall bear any statement or device regarding…

§ 147-e. Inspection and examination. The commissioner shall, as\nfrequently as he deems necessary, transmit to the New York State\nAgricultural Experiment Station for analysis, examination and testing\nsamples taken from the different brands of inoculants which are or may\nbe so…

§ 147-f. Revocation of license. The commissioner may revoke a license\nwhen he is satisfied that the application for the license was false or\nmisleading in any particular, or that any representation made by the\nlicensee, either upon the label or in advertising or otherwise, is…

§ 147-g. Review. The action of the commissioner in refusing to grant\na license, or in revoking a license, shall be subject to review in the\nmanner provided by article seventy-eight of the civil practice law and\nrules.\n

§ 147-h. Application. This article shall not apply to inoculants\ndistributed by state or federal agencies.\n

§ 147-i. 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 th…

§ 148. Establishment of integrated pest management program. 1. There\nis hereby established an integrated pest management program for the\npurposes of managing insects, diseases, nematodes, weeds and rodents.\nSuch program shall include, but not be limited to programs of\ninstru…

§ 148-a. Integrated pest management program; specific proposals. 1.\nWithin the integrated pest management program there shall be established\nfour separate but interrelated programs for pest management and the\nimpact thereof on the following agricultural production areas:\n a.…

§ 148-b. Livestock/forage pest management. Within the integrated pest\nmanagement program there shall be established a livestock/forage pest\nmanagement program. Such program shall be conducted in such a manner to\nachieve the following objectives:\n 1. develop systematic insect…