State Codes and Statutes

Statutes > New-york > Agm > Article-3 > 39

§ 39. Penalties  for  violation of chapter or other laws. Every person  violating any of the provisions of this chapter, or of any other law the  enforcement of which is within the jurisdiction of the department shall,  except where other penalties are hereinafter prescribed, be subject to a  penalty in the sum of not more than six hundred dollars  for  the  first  violation, nor more than one thousand two hundred dollars for the second  and  each subsequent violation and provided further, however, that for a  violation of subdivision thirteen or fifteen of section two  hundred  of  this  chapter, the minimum penalty shall be five hundred dollars and the  maximum penalty shall be one thousand dollars and that  for  the  second  and   subsequent  offenses  such  person  may  also  be  subject  to  an  administrative order suspending the  manufacture  and/or  sale  of  such  confectionery  for  a  period  of  time up to three months for each such  violation. When such violation consists of the manufacture or production  of any prohibited article, each day during which or any  part  of  which  such  manufacture  or  production  is  carried on or continued, shall be  deemed a separate violation. When the violation consists of the sale, or  the offering or exposing for sale or exchange of any prohibited  article  or  substance, the sale of each one of several packages shall constitute  a separate violation,  and  each  day  on  which  any  such  article  or  substance  is offered or exposed for sale or exchange shall constitute a  separate violation. If the sale be of milk and it be in cans, bottles or  containers of any kind and if the milk in any one of such containers  be  adulterated,  it  shall  be  deemed  a  violation whether such vendor be  selling all the milk in all of his containers to one person or not. When  the use of any such article or substance is prohibited, each day  during  which  or  any  part  of  which  such article or substance is so used or  furnished for use,  shall  constitute  a  separate  violation,  and  the  furnishing  of  the  same for use to each person to whom the same may be  furnished shall constitute a separate violation. When the storage of any  article is prohibited beyond a certain period, each day during which  or  any  part  of  which any article is so stored beyond the period provided  for by this chapter, shall constitute a separate violation. A  right  of  action  for  the  recovery of, or a liability for, penalties incurred as  provided in this chapter, or in any other law the enforcement  of  which  is  within  the jurisdiction of the department, may be released, settled  or compromised before the matter is referred to the attorney general  as  provided  in  section  forty-four of this article, and thereafter may be  released, settled or compromised by the attorney general, either  before  or after an action is brought to recover such penalties.

State Codes and Statutes

Statutes > New-york > Agm > Article-3 > 39

§ 39. Penalties  for  violation of chapter or other laws. Every person  violating any of the provisions of this chapter, or of any other law the  enforcement of which is within the jurisdiction of the department shall,  except where other penalties are hereinafter prescribed, be subject to a  penalty in the sum of not more than six hundred dollars  for  the  first  violation, nor more than one thousand two hundred dollars for the second  and  each subsequent violation and provided further, however, that for a  violation of subdivision thirteen or fifteen of section two  hundred  of  this  chapter, the minimum penalty shall be five hundred dollars and the  maximum penalty shall be one thousand dollars and that  for  the  second  and   subsequent  offenses  such  person  may  also  be  subject  to  an  administrative order suspending the  manufacture  and/or  sale  of  such  confectionery  for  a  period  of  time up to three months for each such  violation. When such violation consists of the manufacture or production  of any prohibited article, each day during which or any  part  of  which  such  manufacture  or  production  is  carried on or continued, shall be  deemed a separate violation. When the violation consists of the sale, or  the offering or exposing for sale or exchange of any prohibited  article  or  substance, the sale of each one of several packages shall constitute  a separate violation,  and  each  day  on  which  any  such  article  or  substance  is offered or exposed for sale or exchange shall constitute a  separate violation. If the sale be of milk and it be in cans, bottles or  containers of any kind and if the milk in any one of such containers  be  adulterated,  it  shall  be  deemed  a  violation whether such vendor be  selling all the milk in all of his containers to one person or not. When  the use of any such article or substance is prohibited, each day  during  which  or  any  part  of  which  such article or substance is so used or  furnished for use,  shall  constitute  a  separate  violation,  and  the  furnishing  of  the  same for use to each person to whom the same may be  furnished shall constitute a separate violation. When the storage of any  article is prohibited beyond a certain period, each day during which  or  any  part  of  which any article is so stored beyond the period provided  for by this chapter, shall constitute a separate violation. A  right  of  action  for  the  recovery of, or a liability for, penalties incurred as  provided in this chapter, or in any other law the enforcement  of  which  is  within  the jurisdiction of the department, may be released, settled  or compromised before the matter is referred to the attorney general  as  provided  in  section  forty-four of this article, and thereafter may be  released, settled or compromised by the attorney general, either  before  or after an action is brought to recover such penalties.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-3 > 39

§ 39. Penalties  for  violation of chapter or other laws. Every person  violating any of the provisions of this chapter, or of any other law the  enforcement of which is within the jurisdiction of the department shall,  except where other penalties are hereinafter prescribed, be subject to a  penalty in the sum of not more than six hundred dollars  for  the  first  violation, nor more than one thousand two hundred dollars for the second  and  each subsequent violation and provided further, however, that for a  violation of subdivision thirteen or fifteen of section two  hundred  of  this  chapter, the minimum penalty shall be five hundred dollars and the  maximum penalty shall be one thousand dollars and that  for  the  second  and   subsequent  offenses  such  person  may  also  be  subject  to  an  administrative order suspending the  manufacture  and/or  sale  of  such  confectionery  for  a  period  of  time up to three months for each such  violation. When such violation consists of the manufacture or production  of any prohibited article, each day during which or any  part  of  which  such  manufacture  or  production  is  carried on or continued, shall be  deemed a separate violation. When the violation consists of the sale, or  the offering or exposing for sale or exchange of any prohibited  article  or  substance, the sale of each one of several packages shall constitute  a separate violation,  and  each  day  on  which  any  such  article  or  substance  is offered or exposed for sale or exchange shall constitute a  separate violation. If the sale be of milk and it be in cans, bottles or  containers of any kind and if the milk in any one of such containers  be  adulterated,  it  shall  be  deemed  a  violation whether such vendor be  selling all the milk in all of his containers to one person or not. When  the use of any such article or substance is prohibited, each day  during  which  or  any  part  of  which  such article or substance is so used or  furnished for use,  shall  constitute  a  separate  violation,  and  the  furnishing  of  the  same for use to each person to whom the same may be  furnished shall constitute a separate violation. When the storage of any  article is prohibited beyond a certain period, each day during which  or  any  part  of  which any article is so stored beyond the period provided  for by this chapter, shall constitute a separate violation. A  right  of  action  for  the  recovery of, or a liability for, penalties incurred as  provided in this chapter, or in any other law the enforcement  of  which  is  within  the jurisdiction of the department, may be released, settled  or compromised before the matter is referred to the attorney general  as  provided  in  section  forty-four of this article, and thereafter may be  released, settled or compromised by the attorney general, either  before  or after an action is brought to recover such penalties.