§ 202-b. Seizure and quarantine. Whenever the commissioner or his
duly authorized representative shall find distributed, offered or
exposed for sale within this state, a food or food product which is
unfit or unsafe for use as food, and its condemnation is required to
protect the public health, he may seize, destroy or denature such
product so that it cannot thereafter be used for food.

Whenever the commissioner finds, or has probable cause to believe,
that any food or food product is adulterated or misbranded within the
meaning of this article, he may affix to such food or food product a tag
or other appropriate marking, giving notice that such food or food
product is, or is suspected of being, adulterated or misbranded and has
been quarantined, and warning all persons not to remove or dispose of
such food or food product by sale or otherwise until permission for
removal or disposal is given by the commissioner or his duly authorized
representative. It shall be a violation of this article for any person
to remove or dispose of such quarantined food or food product by sale or
otherwise without such permission.

Before destruction of a food or food product following seizure or
quarantine, the commissioner shall give the owner, proprietor or
custodian of such food or food product ten days' notice in writing, to
be served either personally or by mail, of a hearing for said owner,
proprietor or custodian to show cause why such food or food product
should not be destroyed in accordance with the provisions of law.

Following such hearing, the commissioner shall make a determination in
accordance with the provisions of this chapter. The determination of
the commissioner may be reviewed in the manner provided by article
seventy-eight of the civil practice law and rules, and such
determination shall be final unless within thirty days from the date of
service of a copy thereof upon the owner, proprietor or custodian a
court proceeding is instituted to review such determination.

Whenever, following seizure or quarantine, a food or food product is
found to be unfit or unsafe for use as food, the destruction and
disposition of such food or food product, as well as any necessary
storage, handling, or other incidentals between the time of seizure or
quarantine and the destruction and disposition thereof, shall be the
responsibility, both financially and otherwise, of the owner or other
person having custody of such food or food product; provided, however,
that such destruction and disposition shall be carried out only under
the direction and immediate supervision of the commissioner or his duly
authorized representative. Nothing in this section shall be construed as
preventing the commissioner or his duly authorized representative from
destroying and disposing of such food or food product found to be unfit
or unsafe, where such procedure is warranted.