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\ncounsel shall be deemed to occupy confidential positions to the\ncommissioner, and may be appointed without competitive examination.\n

§ 105-c. Temporary emergency. The present losses to livestock in\ncertain areas of the state resulting from the disease in animals known\nas rabies threaten to impair the agricultural economy of the communities\naffected. This article is enacted in the exercise of the police pow…

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

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

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

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

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

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

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

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

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

§ 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,\ninspectors, chemists, experts, statisticians, accountants and other\nassistants and employees, as the commissioner shall deem necessary for\nthe exercise of the powers and the performance of the duties of the\ndepa…

§ 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\nsubdivision one of section one hundred nine of this article shall be\nassigned, at the time the dog is first licensed, a municipal\nidentification number. Such identification number shall be carried by\nthe dog on …

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

§ 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\nin which licenses are issued, shall appoint, and any other village and\nany county may appoint, one or more dog control officers for the purpose\nof assisting, within the appointing municipality, with the cont…

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

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

§ 116. Spaying and neutering facilities authorized. 1. Any\nmunicipality may, by local law or ordinance, provide for the\nestablishment and operation of a facility to provide services for the\nalteration of the reproductive capacity through spaying or neutering of\ndogs and cats…

§ 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\nsubmit a request for proposals from not-for-profit entities as described\nherein for the purpose of administering a state animal population\ncontrol program. The entity chosen to administer such program shall…

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

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

§ 12. Oaths of office. The commissioner, the deputy commissioners, the\ncounsel and the secretary shall, before entering upon the duties of\ntheir offices, take and subscribe the constitutional oath of office.\nSuch oaths shall be filed in the office of the secretary of state.\n…

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

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

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

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

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

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

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

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

§ 127-b. Functions of department. All the functions of the\nconservation department which affect the breeding, raising, producing,\nmarketing, or any other phase of the production or distribution, of\ndomestically raised mink and ranch fox, or products thereof, are hereby\ntrans…

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

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

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

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

§ 13. Salaries of officers; expenses. The annual salaries and\ncompensation of the deputy commissioners, the counsel, secretary and all\nother officers and employees of the department shall be fixed by the\ncommissioner within the limits of appropriations made therefor.\n The re…

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

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

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

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

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

§ 134. Records and reports. Every distributor, manufacturer and\ntransporter of a commercial feed in this state shall maintain such\nrecords and submit such reports to the commissioner as the commissioner\nmay require pertaining to the origin, manufacture, movement, storage,\ndi…

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

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