Legislation
SECTION 71-E
Revocation or suspension of license
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 4-A
§ 71-e. Revocation or suspension of license. Any license may be
revoked by the commissioner, after notice to the licensee by mail or
otherwise and opportunity to be heard, when and if it appears that any
statement upon which it was issued was false or misleading, or that any
frozen dessert manufactured, sold, offered or exposed for sale, or held
for sale, by the licensee is adulterated or misbranded, or is
manufactured in a plant, or transported in a vehicle, or stored in
equipment not maintained in accordance with the standards of sanitation
prescribed in the rules and regulations promulgated under the authority
of this article, or that the brand name of any label or advertising of
any frozen dessert manufactured, sold, offered or exposed for sale, or
held for sale, by the licensee gives a false indication of origin,
character, composition or place of manufacture, or is otherwise false or
misleading in any particular.
A license may also, after such notice and hearing, be suspended for
any of the foregoing reasons until the licensee complies with the
conditions prescribed by the commissioner for its reinstatement.
Where the commissioner has denied, revoked or suspended a license, an
order to that effect may be issued and service thereof may be made
either by personal delivery of a copy, or by mailing a copy in a sealed
envelope with postage prepaid to such applicant or licensee, or, in case
such applicant or licensee is a corporation, then to any officer or
agent of such corporation upon whom a summons may be served in
accordance with the provisions of the civil practice law and rules.
revoked by the commissioner, after notice to the licensee by mail or
otherwise and opportunity to be heard, when and if it appears that any
statement upon which it was issued was false or misleading, or that any
frozen dessert manufactured, sold, offered or exposed for sale, or held
for sale, by the licensee is adulterated or misbranded, or is
manufactured in a plant, or transported in a vehicle, or stored in
equipment not maintained in accordance with the standards of sanitation
prescribed in the rules and regulations promulgated under the authority
of this article, or that the brand name of any label or advertising of
any frozen dessert manufactured, sold, offered or exposed for sale, or
held for sale, by the licensee gives a false indication of origin,
character, composition or place of manufacture, or is otherwise false or
misleading in any particular.
A license may also, after such notice and hearing, be suspended for
any of the foregoing reasons until the licensee complies with the
conditions prescribed by the commissioner for its reinstatement.
Where the commissioner has denied, revoked or suspended a license, an
order to that effect may be issued and service thereof may be made
either by personal delivery of a copy, or by mailing a copy in a sealed
envelope with postage prepaid to such applicant or licensee, or, in case
such applicant or licensee is a corporation, then to any officer or
agent of such corporation upon whom a summons may be served in
accordance with the provisions of the civil practice law and rules.