State Codes and Statutes

Statutes > New-york > Agm > Article-5-b > 96-t

§ 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.

State Codes and Statutes

Statutes > New-york > Agm > Article-5-b > 96-t

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-5-b > 96-t

§ 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.