State Codes and Statutes

Statutes > New-york > Agm > Article-4-c > 71-x

§ 71-x. Violations.  1.  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 regulations 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.    2. Whenever the commissioner or  his  duly  authorized  representative  shall  find  distributed, offered or exposed for sale within this state,  any dairy product produced, processed or manufactured outside the United  States which he  has  probable  cause  to  believe  is  not  labeled  in  accordance  with  this  article or the rules and regulations promulgated  pursuant thereto, or which is otherwise misbranded  or  adulterated,  he  may  seize  or  quarantine  such  product.  Following  such  seizure  or  quarantine the commissioner shall hold a hearing in accordance with  the  provisions   of   section   two  hundred  two-b  of  this  chapter.  The  determination of  the  commissioner  following  such  hearing  shall  be  subject  to judicial review in the manner and within the time limits set  forth therein.

State Codes and Statutes

Statutes > New-york > Agm > Article-4-c > 71-x

§ 71-x. Violations.  1.  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 regulations 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.    2. Whenever the commissioner or  his  duly  authorized  representative  shall  find  distributed, offered or exposed for sale within this state,  any dairy product produced, processed or manufactured outside the United  States which he  has  probable  cause  to  believe  is  not  labeled  in  accordance  with  this  article or the rules and regulations promulgated  pursuant thereto, or which is otherwise misbranded  or  adulterated,  he  may  seize  or  quarantine  such  product.  Following  such  seizure  or  quarantine the commissioner shall hold a hearing in accordance with  the  provisions   of   section   two  hundred  two-b  of  this  chapter.  The  determination of  the  commissioner  following  such  hearing  shall  be  subject  to judicial review in the manner and within the time limits set  forth therein.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-4-c > 71-x

§ 71-x. Violations.  1.  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 regulations 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.    2. Whenever the commissioner or  his  duly  authorized  representative  shall  find  distributed, offered or exposed for sale within this state,  any dairy product produced, processed or manufactured outside the United  States which he  has  probable  cause  to  believe  is  not  labeled  in  accordance  with  this  article or the rules and regulations promulgated  pursuant thereto, or which is otherwise misbranded  or  adulterated,  he  may  seize  or  quarantine  such  product.  Following  such  seizure  or  quarantine the commissioner shall hold a hearing in accordance with  the  provisions   of   section   two  hundred  two-b  of  this  chapter.  The  determination of  the  commissioner  following  such  hearing  shall  be  subject  to judicial review in the manner and within the time limits set  forth therein.