Legislation
SECTION 258-II
Violations
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 21-B
§ 258-ii. Violations. In addition to any civil penalties provided for
in this chapter the commissioner may institute such action at law or in
equity as may appear necessary to enforce compliance with any provisions
of this article and any rules and orders promulgated by the commissioner
to carry out the provisions of this article and in addition may apply
for relief by injunction if necessary to protect the public interest
without being compelled to allege or prove that an adequate remedy at
law does not exist. Such application may be made to the supreme court in
any district or county as provided in the civil practice law and rules,
or to the supreme court in the third judicial district.
Whenever the commissioner or his duly authorized representative shall
find distributed, offered or exposed for sale within this state, a dry
milk powder which has originated from any area outside the continental
United States including Alaska and Hawaii that has not been designated
in accordance with section two hundred fifty-eight-cc as being disease
free or which otherwise is unfit or unsafe for use, and its condemnation
is required to protect the public health, he may, in accordance with the
procedures set forth in section two hundred two-b of this chapter, seize
or quarantine and destroy or denature such product so that it cannot
thereafter be used.
in this chapter the commissioner may institute such action at law or in
equity as may appear necessary to enforce compliance with any provisions
of this article and any rules and orders promulgated by the commissioner
to carry out the provisions of this article and in addition may apply
for relief by injunction if necessary to protect the public interest
without being compelled to allege or prove that an adequate remedy at
law does not exist. Such application may be made to the supreme court in
any district or county as provided in the civil practice law and rules,
or to the supreme court in the third judicial district.
Whenever the commissioner or his duly authorized representative shall
find distributed, offered or exposed for sale within this state, a dry
milk powder which has originated from any area outside the continental
United States including Alaska and Hawaii that has not been designated
in accordance with section two hundred fifty-eight-cc as being disease
free or which otherwise is unfit or unsafe for use, and its condemnation
is required to protect the public health, he may, in accordance with the
procedures set forth in section two hundred two-b of this chapter, seize
or quarantine and destroy or denature such product so that it cannot
thereafter be used.