Title AGM, Agriculture & Markets

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

§ 45. Disposal of fines and moneys recovered. Except as otherwise\nprovided in this chapter, all moneys recovered, either as fines,\npenalties, forfeitures or otherwise, for the violation of any of the\nprovisions of this chapter, or of any other law the enforcement of which\nis…

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

§ 45-b. Unauthorized possession, sale, or exchange of food order\nstamps issued under food stamp plan. Any person, other than a person\nauthorized by the regulations and conditions prescribed by the secretary\nof agriculture of the United States governing the food stamp plan, wh…

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

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

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

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

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

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

§ 47. Care and feed of cows, and care and keeping of milk. No person\nshall keep cows, for the production of milk for market or for sale or\nexchange, or for manufacturing the milk or cream from the same into any\narticle of food, in a crowded or unhealthy condition or in unheal…

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

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

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

§ 5. Commissioner of agriculture and markets. The head of the\ndepartment of agriculture and markets shall be the commissioner of\nagriculture and markets, who shall be appointed by the governor, by and\nwith the advice and consent of the senate, and hold office until the end\no…

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

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

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

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

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

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

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

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

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

§ 500-c. 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 such commissioner finds that:\n 1. An…

§ 500-d. 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 commissioner …

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

§ 500-f. Sanitary inspections. 1. The department shall assign at least\none retail food specialist to each inspection zone. Such specialists\nshall assist retail food stores, food service establishments, and food\nwarehouses in remedying chronic deficiencies and shall ensure tha…

§ 500-g. Penalties. No operator of a retail food store, food service\nestablishment, or food warehouse shall fail to conform to any\nrequirement of or violate any provision of this article or of the rules\nand regulations promulgated thereunder. Each day's operation of a retail\…

§ 500-h. Remedies. The commissioner may institute such action at law\nor 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\nprescribe…

§ 500-i. 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\nappl…

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

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

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

§ 508. Regulations. The commissioner is hereby authorized to adopt,\namend, promulgate and issue rules and regulations consistent with the\nprovisions of this article, including, but not limited to:\n 1. The authorization or licensing of any person who may acquire or\npossess he…

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

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

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

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

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

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

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

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

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

§ 517. Penalties. Notwithstanding the provisions of any law to the\ncontrary, except section five hundred sixteen of this article, the\nfailure to comply with a requirement of this article, a rule or\nregulation promulgated thereunder, or the research agreements entered\ninto by…

§ 518. Remedies. The commissioner may institute such action at law or\nin equity as may be necessary to enforce compliance with any provision\nof this article or of any rule or regulation applicable thereto or\npromulgated thereunder in a manner consistent with this chapter and/…

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

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

§ 520. Hemp data collection and best farming practices. 1. The\ncommissioner shall have the power to collect and publish data and\nresearch concerning, among other things, the growth, cultivation,\nproduction and processing methods of hemp and products derived from hemp\nand wor…

§ 521. 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\napplic…