N.Y. Agriculture & Markets Law § 135-d: Enforcement

§ 135-d. 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 or his agent is authorized or directed

hereunder to render any feed unfit for use as commercial feed or seize

and destroy any commercial feed, the destruction and disposition of such

commercial feed, as well as any necessary storage, handling or other

incidentals, shall be the responsibility, both financially and

otherwise, of the owner of the same or other person having custody or

possession of such feed; provided, however, that such destruction or

disposition shall be carried out only under the direction and

supervision of the commissioner or his authorized agent. Nothing in this

subdivision shall be construed as preventing the commissioner or his

authorized agent from destroying or disposing of commercial feed found

to be unfit or unsafe for use as commercial feed where such action is

necessary for the protection of public health.