N.Y. Agriculture & Markets Law § 135-b: Detained commercial feeds

§ 135-b. Detained commercial feeds. 1. Stop sale order: When the

commissioner or his authorized agent has probable cause to believe any

lot of commercial feed is being, or is about to be distributed in

violation of any of the provisions of this article or any of the rules

and regulations adopted pursuant thereto, the commissioner or his

authorized agent may issue and enforce a written stop sale order,

warning the distributor not to remove or dispose of the lot of

commercial feed in any manner until written permission for removal or

disposal is given by the commissioner or his authorized agent. The

commissioner or his authorized agent shall release the lot of feed so

detained if and when said provisions and regulations have been complied

with. If compliance is not obtained within fifteen days, the

commissioner may begin, or upon request of the distributor or registrant

shall begin, seizure proceedings in accordance with the provisions of

section two hundred two-b of this chapter.

2. Seizure: Whenever the commissioner or his authorized agent shall

find distributed, or about to be distributed, any lot of commercial feed

which is unfit or unsafe for use as commercial feed, and its

condemnation is required to protect the public health, the commissioner

or his authorized agent may seize, destroy or denature such feed so that

it cannot thereafter be used for commercial feed.

Whenever the commissioner or his authorized agent finds, or has

probable cause to believe, that any lot of commercial feed is

adulterated or misbranded within the meaning of this article, or if any

person fails to comply with a stop sale order duly issued pursuant to

the preceding subdivision, the commissioner or his authorized agent

shall seize such feed in accordance with the provisions of section two

hundred two-b of this chapter.

All proceedings subsequent to seizure, including if necessary

destruction of the feed after ten days' notice in writing to the

distributor and an opportunity to be heard, shall be had in accordance

with the provisions of section two hundred two-b. Prior to destruction

of any commercial feed pursuant to the provisions of this subdivision,

except where a commercial feed is unfit or unsafe for use as commercial

feed and its condemnation is required to protect the public health, the

commissioner or his authorized agent, upon request by the distributor,

may afford the distributor an opportunity to reprocess or relabel said

feed to bring it into compliance.