Legislation
SECTION 96-T
Enforcement
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 5-B
§ 96-t. Enforcement. 1. The commissioner may institute such action at
law or in equity as may appear necessary to enforce compliance with any
provision of this article and the rules and regulations adopted and
promulgated hereunder and, in addition to any other remedy under article
three of this chapter or otherwise, 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 county pursuant to
the civil practice law and rules or to the supreme court in any county
of the third judicial district.
2. Whenever the commissioner is authorized or directed hereunder to
render unfit for food or seize and destroy any meat, meat by-product, or
meat food product, the destruction and disposition of such meat, meat
by-product, or meat food product, as well as any necessary storage,
handling or other incidentals, shall be the responsibility both
financially and otherwise, of the owner of the establishment or other
person having custody or possession of such meat, meat by-product, or
meat food product; provided, however, that such destruction or
disposition shall be carried out only under the direction and
supervision of the commissioner. Nothing in this subdivision shall be
construed as preventing the commissioner from destroying or disposing of
meat, meat by-products, or meat food products found to be unfit or
unsafe for use as food where such action is necessary for the protection
of public health.
law or in equity as may appear necessary to enforce compliance with any
provision of this article and the rules and regulations adopted and
promulgated hereunder and, in addition to any other remedy under article
three of this chapter or otherwise, 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 county pursuant to
the civil practice law and rules or to the supreme court in any county
of the third judicial district.
2. Whenever the commissioner is authorized or directed hereunder to
render unfit for food or seize and destroy any meat, meat by-product, or
meat food product, the destruction and disposition of such meat, meat
by-product, or meat food product, as well as any necessary storage,
handling or other incidentals, shall be the responsibility both
financially and otherwise, of the owner of the establishment or other
person having custody or possession of such meat, meat by-product, or
meat food product; provided, however, that such destruction or
disposition shall be carried out only under the direction and
supervision of the commissioner. Nothing in this subdivision shall be
construed as preventing the commissioner from destroying or disposing of
meat, meat by-products, or meat food products found to be unfit or
unsafe for use as food where such action is necessary for the protection
of public health.