Title AGM, Agriculture & Markets

§ 1. Short title. This chapter shall be known as the agriculture and\nmarkets law.\n

§ 10. Confidential positions. The deputy commissioners, secretary and counsel shall be deemed to occupy confidential positions to the commissioner, and may be appointed without competitive examination.

§ 105-c. Temporary emergency. The present losses to livestock in certain areas of the state resulting from the disease in animals known as rabies threaten to impair the agricultural economy of the communities affected. This article is enacted in the exercise of the police power …

§ 105-d. Indemnification for rabies. Each county shall be liable for damages resulting within the county to domestic animals from the disease known as rabies and indemnification therefor shall be made in the manner provided by this article. The term "domestic animals" as used in…

§ 105-e. Damage appraisal and report. The owner of a domestic animal which has died as a result of rabies shall immediately upon discovery thereof notify any assessor of the city or town where the death occurred of the fact thereof, and that he claims indemnity therefor, and req…

§ 105-f. Review by commissioner. If the claimant desires to appeal the county treasurer's disapproval of his claim or if he is dissatisfied with the amount of the damage as set forth in the assessor's report, he may, within ten days after the receipt of the report, present to th…

§ 105-g. Review by court. The decision of the commissioner may be reviewed by the claimant or the county treasurer in the manner provided by article seventy-eight of the civil practice law and rules, but such review must be instituted within twenty days after receipt of the comm…

§ 105-h. Payment to claimant by county. If the decision of the commissioner increases or decreases the amount to be paid to the claimant above or below the amount originally approved by the county treasurer, the county treasurer shall, upon receipt of the commissioner's decision…

§ 105-i. Partial reimbursement by state. Each county shall be entitled to partial reimbursement by the state for payments by the county of indemnification on account of damages resulting from rabies as provided in this article, to the extent of fifty per centum of the amount of …

§ 105-j. Enforcement of article. The commissioner shall supervise the enforcement of this article. It shall be unlawful for any officer to neglect or refuse to perform his duties under the provisions of this article and such neglect or refusal shall be cause for his removal from…

§ 106. Purpose. The purpose of this article is to provide for the licensing and identification of dogs, the control and protection of the dog population and the protection of persons, property, domestic animals and deer from dog attack and damage.

§ 107. Application. 1. This article shall apply to all areas of the state except any city having a population of over two million. 2. In the event that any dog owned by a resident of any city having a population of over two million or by a non-resident of this state is harbored …

§ 108. Definitions. As used in this article, unless otherwise\nexpressly stated or unless the context or subject matter requires\notherwise:\n 1. "Adoption" means the delivery to any natural person eighteen years\nof age or older, for the limited purpose of harboring a pet, of a…

§ 109. Licensing of dogs required; rabies vaccination required. 1. (a)\nThe owner of any dog reaching the age of four months shall immediately\nmake application for a dog license. No license shall be required for any\ndog which is under the age of four months and which is not at…

§ 11. Other officers and employees. There shall be such agents, inspectors, chemists, experts, statisticians, accountants and other assistants and employees, as the commissioner shall deem necessary for the exercise of the powers and the performance of the duties of the departme…

§ 110. License fees. 1. The license fee for dog licenses issued\npursuant to subdivision one of section one hundred nine of this article\nshall be determined by the municipality issuing the license, provided\nthat the total fee for an unspayed or unneutered dog shall be at least…

§ 111. Identification of dogs. 1. Each dog licensed pursuant to subdivision one of section one hundred nine of this article shall be assigned, at the time the dog is first licensed, a municipal identification number. Such identification number shall be carried by the dog on an i…

§ 111-a. Microchipping standards. 1. The commissioner may adopt and promulgate rules and regulations that may provide for: standardization of technology used in microchips implanted in companion animals that are dogs or cats; and/or microchip readers so that such readers used by…

§ 112. Change of ownership; lost or stolen dog. 1. In the event of a\nchange in the ownership of any dog which has been licensed pursuant to\nthis article or in the address of the owner of record of any such dog,\nthe owner of record shall, within ten days of such change, file w…

§ 113. Dog control officers. 1. Each town and city, and each village in which licenses are issued, shall appoint, and any other village and any county may appoint, one or more dog control officers for the purpose of assisting, within the appointing municipality, with the control…

§ 114. Pounds and shelters. 1. Each town and city, and each village in which licenses are issued shall, and any other village and any county may, establish and maintain a pound or shelter for dogs. 2. In lieu of or in addition to establishing and maintaining such pound or shelte…

§ 115. Funds expended by municipality for services. No municipality shall be required to expend in any calendar year for dog control officer and pound or shelter services undertaken pursuant to this article, an amount of money greater than it receives during such year pursuant t…

§ 116. Spaying and neutering facilities authorized. 1. Any municipality may, by local law or ordinance, provide for the establishment and operation of a facility to provide services for the alteration of the reproductive capacity through spaying or neutering of dogs and cats own…

§ 117. Seizure of dogs; redemption periods; impoundment fees;\nadoption. 1. Any dog control officer or peace officer, acting pursuant\nto his special duties, or police officer in the employ of or under\ncontract to a municipality shall seize:\n (a) any dog which is not identifie…

§ 117-a. Animal population control program. 1. The commissioner shall submit a request for proposals from not-for-profit entities as described herein for the purpose of administering a state animal population control program. The entity chosen to administer such program shall en…

§ 118. Violations. 1. It shall be a violation, punishable as provided in subdivision two of this section, for: (a) any owner to fail to license any dog; (b) any owner to fail to have any dog identified as required by this article; (c) any person to knowingly affix to any dog any…

§ 119. Disposition of fines. Notwithstanding any other provision of law, all moneys collected as fines or penalties by any municipality as a result of any prosecution for violations of the provisions of this article or any local law or ordinance and all bail forfeitures by perso…

§ 12. Oaths of office. The commissioner, the deputy commissioners, the counsel and the secretary shall, before entering upon the duties of their offices, take and subscribe the constitutional oath of office. Such oaths shall be filed in the office of the secretary of state.

§ 120. Protection of deer. 1. Whenever the governing body of any municipality shall determine that the deer population in the municipality or part thereof is suffering severe depredation due to dogs attacking, chasing or worrying deer, such governing body may by order require th…

§ 121. Night quarantine. 1. The governing body of any municipality may at any time by order require that all dogs in such municipality shall be securely confined between sunset and one hour after sunrise during the period of time designated in the order, or, if no time is so des…

§ 122. Local laws or ordinances. 1. Any municipality may enact a local law or ordinance upon the keeping or running at large of dogs and the seizure thereof, provided no municipality shall vary, modify, enlarge or restrict the provisions of this article relating to rabies vaccin…

§ 123. Dangerous dogs. 1. Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal as defined in section three hundred fifty…

§ 123-a. Exemption from civil liability. 1. If any dog shall, without justification, attack a person, or behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury to a person, when such person is peacea…

§ 123-b. Offenses against service animals and handlers. 1. Definitions. For purposes of this section: (a) "Service animal" shall mean any animal that has been partnered with a person who has a disability and has been trained or is being trained, by a qualified person, to aid or …

§ 124. Powers of commissioner. The commissioner is hereby authorized to: 1. (a) promulgate, after public hearing, such rules and regulations as are necessary to supplement and give full effect to the provisions of sections one hundred thirteen, one hundred fourteen and one hundr…

§ 127-a. Agricultural pursuit. Notwithstanding the provisions of any law to the contrary, the breeding, raising and producing in captivity, and the marketing, by the producer of mink and ranch fox, as live animals, pelts or carcasses, shall be deemed an agricultural pursuit and …

§ 127-b. Functions of department. All the functions of the conservation department which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestically raised mink and ranch fox, or products thereof, are hereby transferr…

§ 128. Definitions. As used in this article, unless otherwise expressly stated, or unless the content or subject matter otherwise requires: 1. "Commissioner" means the commissioner of agriculture and markets. 2. "Department" means the department of agriculture and markets. 3. "P…

§ 128-a. Licenses. 1. No person shall manufacture any commercial feed in this state unless such person holds a license issued therefor by the commissioner. Each application for a license shall be made on a form supplied by the department and shall contain such information as may…

§ 129. Registration. 1. No person shall distribute in this state any commercial feed unless he or she is registered pursuant to the provisions of this section. The biennial registration fee shall be one hundred dollars. Application, upon a form prescribed by the commissioner, sh…

§ 129-a. Review. The action of the commissioner in denying an application for registration, or licensure, or in revoking a registration or license already granted, shall be subject to review in the manner provided by article seventy-eight of the civil practice law and rules. The…

§ 13. Salaries of officers; expenses. The annual salaries and compensation of the deputy commissioners, the counsel, secretary and all other officers and employees of the department shall be fixed by the commissioner within the limits of appropriations made therefor. The reasona…

§ 130. Labeling. 1. A commercial feed, except a customer-formula feed, shall be accompanied by a label bearing the following information: (a) The net weight. (b) The product name and the brand name, if any, under which the commercial feed is distributed. (c) The guaranteed analy…

§ 131. Misbranding. A commercial feed shall be deemed to be misbranded if: 1. Its labeling is false or misleading in any particular. 2. It is distributed under the name of another commercial feed. 3. It is not labeled as required in section one hundred thirty of this article. 4.…

§ 132. Adulteration. A commercial feed shall be deemed to be adulterated if: 1. (a) It bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be conside…

§ 133. Prohibited acts. No person in this state shall commit or cause any of the following acts: 1. The manufacture or distribution of any commercial feed that is adulterated or misbranded. 2. The adulteration or misbranding of any commercial feed. 3. The distribution of agricul…

§ 133-a. Tonnage fees and reports. 1. Any person who distributes in this state any feed ingredient or commercial feed, except a pet food or specialty pet food, shall pay to the commissioner a tonnage fee at the rate of ten cents per ton for each ingredient or feed distributed, s…

§ 134. Records and reports. Every distributor, manufacturer and transporter of a commercial feed in this state shall maintain such records and submit such reports to the commissioner as the commissioner may require pertaining to the origin, manufacture, movement, storage, distri…

§ 135. Rules and regulations. The commissioner is hereby authorized, after public hearing, to adopt and promulgate such rules and regulations to supplement and give full effect to the provisions of this article as he may deem necessary, provided, that the commissioner may adopt …

§ 135-a. Inspection, sampling and analysis. 1. For the purpose of enforcing this article, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees of the department,…