Title AGM, Agriculture & Markets

§ 44. Prosecution for penalties. 1. Whenever the commissioner shall know or have reason to believe that any penalty has been incurred by any person for a violation of any of the provisions of this chapter, or of any other law the enforcement of which is within the jurisdiction o…

§ 45. Disposal of fines and moneys recovered. Except as otherwise provided in this chapter, all moneys recovered, either as fines, penalties, forfeitures or otherwise, for the violation of any of the provisions of this chapter, or of any other law the enforcement of which is wit…

§ 45-a. Refunds. 1. Moneys heretofore or hereafter received by the department pursuant to this chapter may, within one year from the receipt thereof, be refunded to the party for whose account same were received, on proof satisfactory to the commissioner that: a. Such moneys wer…

§ 45-b. Unauthorized possession, sale, or exchange of food order stamps issued under food stamp plan. Any person, other than a person authorized by the regulations and conditions prescribed by the secretary of agriculture of the United States governing the food stamp plan, who s…

§ 45-c. Misuse of food commodities donated by the United States. Any person who shall wilfully sell or make any other unauthorized disposition of any food commodity donated under any program of the United States government or whoever, not being an authorized recipient thereof, w…

§ 450. Declaration of legislative findings and intent. While the Nourish New York program was developed in response to disrupted food supply chains due to the COVID-19 pandemic, it has emerged as an important innovation, significantly supporting the state's farms while providing…

§ 451. Definitions. 1. "Food relief organization" means a religious organization or other not-for-profit that provides food for free to persons experiencing food insecurity, including but not limited to a food pantry, food bank, or soup kitchen or community-based organization th…

§ 452. Nourish New York program. 1. The commissioner shall, to the extent permitted by state or federal appropriations for such purpose, facilitate programming that ensures surplus agricultural products are provided to food relief organizations at competitive wholesale prices. 2…

§ 46. Declaration of policy. It is hereby declared that the dairy industry is a paramount industry of the state and the production, processing, packaging, distribution and sale of milk products has become an enterprise of vast economic importance to the state and of vital import…

§ 46-a. Regulations. The commissioner shall, after public hearing, promulgate definitions and standards for milk and milk products, and for products other than milk and milk products, which products are similar in appearance, odor or taste to milk and milk products, together wit…

§ 47. Care and feed of cows, and care and keeping of milk. No person shall keep cows, for the production of milk for market or for sale or exchange, or for manufacturing the milk or cream from the same into any article of food, in a crowded or unhealthy condition or in unhealthf…

§ 47-a. Regulating the handling and sale of products made from recovered milk fat and solids. Notwithstanding any other provisions of this chapter, it shall not be unlawful to recover milk fat and other milk solids (a) from mixtures of milk and potable water produced in the oper…

§ 48. Receptacles to be cleansed before returning; receptacles may be seized; evidence; violation. Whenever any can or receptacle is used for transporting or conveying milk, cream or curd to market for the purpose of selling or furnishing the same for consumption as human food, …

§ 49. Insanitary cans and receptacles condemned. All cans, or receptacles used in the sale of milk, cream or curd for consumption, or in transporting or shipping the same to market or the delivery thereof to purchasers for consumption as human food, when found by the commissione…

§ 5. Commissioner of agriculture and markets. The head of the department of agriculture and markets shall be the commissioner of agriculture and markets, who shall be appointed by the governor, by and with the advice and consent of the senate, and hold office until the end of th…

§ 50-e. Legislative finding and declaration of policy. It is hereby declared that cream, half and half, milk and mixtures of milk and cream have long been accepted by the consuming public; recognized as wholesome and nutritious articles of food, and their composition generally u…

§ 50-f. Definitions and standards of identity. As used in this section the terms "melloream" or "a vegetable oil blend" mean any substance, mixture or compound regardless of the name by which it is represented, which contains vegetable fats or oils and proteins derived from anim…

§ 50-g. Licenses to manufacturers of melloream. 1. No person shall engage in the manufacture or production of melloream in the state of New York or for sale or distribution in the state of New York unless duly licensed as provided in this article or unless licensed as a milk dea…

§ 50-h. Entry, inspection and investigation. Any person designated for the purpose shall have access to and may enter at all reasonable hours all places where melloream is being manufactured, packaged or stored for sale or distribution in the state of New York, where melloream i…

§ 50-i. Labeling of melloream and vegetable oil blends. Whenever the brand name of melloream or a vegetable oil blend, as defined in section fifty-f, appears on the container so conspicuously as to be seen under customary conditions of purchase, there shall immediately and consp…

§ 50-j. Serving melloream, vegetable oil blends and cream in restaurants and other public eating places. Whenever melloream, a vegetable oil blend, cream, half and half, milk or a mixture of milk and cream is served in a restaurant, hotel, boarding house, lunch counter, place of…

§ 50-k. Rules and regulations. The commissioner shall from time to time, after inquiry and public hearing, promulgate and adopt rules and regulations to supplement and give full effect to the provisions of section fifty-e. Such rules and regulations shall establish sanitary regu…

§ 500-a. Definitions. For the purposes of this section, the following terms shall have the following meanings: 1. "Food service establishment" means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions a…

§ 500-b. Licensure. No person shall maintain or operate a retail food store, food service establishment or food warehouse unless such establishment is licensed pursuant to the provisions of this article, provided, however, that establishments registered, permitted or licensed by…

§ 500-c. 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 such commissioner finds that: 1. Any sta…

§ 500-d. 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 sha…

§ 500-e. Power of commissioner to investigate. The commissioner and such commissioner's duly authorized representatives in the performance of their licensing and inspection duties under this article shall have access to and may enter at all reasonable hours all places where food…

§ 500-f. Sanitary inspections. 1. The department shall assign at least one retail food specialist to each inspection zone. Such specialists shall assist retail food stores, food service establishments, and food warehouses in remedying chronic deficiencies and shall ensure that e…

§ 500-g. Penalties. No operator of a retail food store, food service establishment, or food warehouse 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 retail foo…

§ 500-h. 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…

§ 500-i. 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 applicat…

§ 505. Definitions. As used in this article: 1. "Hemp" means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetr…

§ 506. Growth, sale, distribution, transportation and processing of hemp and products derived from such hemp permitted. 1. Notwithstanding any provision of law to the contrary, hemp and products derived from such hemp are agricultural products which may be grown, cultivated, pro…

§ 507. Prohibitions. 1. Except as authorized by federal and state law, and rules and regulations promulgated thereunder, the growth, cultivation, sale, distribution or export of hemp is prohibited. 2. Hemp produced outside the state and sold or distributed in the state shall mee…

§ 508. Regulations. The commissioner is hereby authorized to adopt, amend, promulgate and issue rules and regulations consistent with the provisions of this article, including, but not limited to: 1. The authorization or licensing of any person who may acquire or possess hemp pl…

§ 509. Hemp grower's authorization, license; fees; requirements. 1. No person shall: (a) grow, cultivate, process, produce, sell or distribute hemp in the state unless authorized by the commissioner as part of an agricultural research pilot program established under this article…

§ 51. Milk inspection. The commissioner or his agent, in inspecting milk for the purpose of analysis to determine the percentage of fat or other milk solids, shall take duplicate samples thereof and shall seal both samples, and shall tender, and, if accepted, deliver one sample …

§ 510. Granting, suspending or revoking licenses. After due notice and opportunity to be heard, as established by rules and regulations, the commissioner may decline to grant a new license, impose conditions or limits with respect to the grant of a license, modify an existing li…

§ 511. Proceedings to review. The action of the commissioner in refusing to grant or renew a license, or in revoking or suspending a license, or in conditioning or limiting the granting or renewal of a license, may be reviewed in the manner provided by article seventy-eight of t…

§ 512. Transferability; change in ownership or control. 1. Licenses issued under this article are not transferable, absent written consent of the commissioner. 2. A license shall become void by a change in ownership, substantial corporate change or change of location or acreage …

§ 513. Access to criminal history information through the division of criminal justice services. In connection with the administration of this article, the commissioner is authorized to request, receive and review criminal history information through the division of criminal jus…

§ 514. Records. Every licensee shall keep, in such form as the commissioner may direct, such records as may be required pursuant to rules and regulations promulgated pursuant to this article.

§ 515. Aids to enforcement. 1. All licensees shall be subject to reasonable inspection by the department and a person who holds a license must make himself or herself, or an agent thereof, available and present for any inspection required by the department. The department shall …

§ 516. Compliance action plan. If the commissioner determines, after notice and an opportunity to be heard, that a licensee has negligently violated a provision of this article or its rules or regulations, that licensee shall be required to comply with a corrective action plan e…

§ 517. Penalties. Notwithstanding the provisions of any law to the contrary, except section five hundred sixteen of this article, the failure to comply with a requirement of this article, a rule or regulation promulgated thereunder, or the research agreements entered into by tho…

§ 518. 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 a manner consistent with this chapter and/or …

§ 519. Hemp economic development. The commissioner shall consult and cooperate with the New York state urban development corporation, the New York state hemp workgroup created pursuant to section one hundred eight of the cannabis law, and representatives of industries that curre…

§ 52. Presumptions in regard to cream and skim milk. When cream is separated or skimmed from milk at any station or establishment where milk is received from producers for the purpose of selling the same or shipping the same to market for consumption as food and the supply of mi…

§ 520. Hemp data collection and best farming practices. 1. The commissioner shall have the power to collect and publish data and research concerning, among other things, the growth, cultivation, production and processing methods of hemp and products derived from hemp and work wi…

§ 521. 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 applicatio…