§ 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 be
required by the department. A license issued on or before the thirtieth
of June will expire on the thirty-first of December of the year of its
issuance, and if issued between July first and December thirty-first,
will expire on the thirty-first day of December in the year following
its issuance. Renewal applications shall be made annually on a form
prescribed by the commissioner and submitted no later than thirty days
prior to the expiration of the existing license.

2. The commissioner may deny any application for a license or revoke
any license when granted, after written notice to the applicant and an
opportunity to be heard, when:

(a) any statement in the application or upon which it was issued is or
was false or misleading;

(b) facilities of the applicant are not maintained in a manner as
required by rules and regulations duly promulgated by the commissioner;

(c) the maintenance and operation of the establishment of the
applicant is such that the commercial feed produced therein is or may be
adulterated, misbranded, or not maintained in any manner as required by
this article;

(d) the applicant or licensee, or an officer, director, partner or
holder of ten per centum or more of the voting stock of the applicant or
licensee, has failed to comply with any of the provisions of this
article or rules and regulations promulgated pursuant thereto; or

(e) the applicant or licensee is a partnership or corporation and any
individual holding any position or interest or power of control therein
has previously been responsible in whole or in part for any act on
account of which an application for licensure may be denied or a license
revoked pursuant to the provisions of this article.

3. Inspection in accordance with section one hundred thirty-five-a of
this article, the results of which establish compliance with the
provisions of this article, shall precede issuance of a license or
renewal thereof under this section.

4. Upon validation by the commissioner, the application shall become
the license of the person.

5. The commissioner shall provide a copy of the license to the
licensee. The commissioner shall also retain a copy of the license.

6. No licensee shall publish or advertise the sale of any commercial
feed unless the publication or advertisement is accompanied by such
licensee's license number.

7. Commercial feed licenses shall be conspicuously displayed on the
premises so that they may be readily seen by officers and employees of
the department.

8. Notwithstanding the definition of commercial feed under subdivision
seven of section one hundred twenty-eight of this article, the
provisions of this section shall not apply to a person who conducts a
business of selling pet food and specialty pet food.