N.Y. Agriculture & Markets Law § 142-ee: License

§ 142-ee. License. Each certificate filed pursuant to section one

hundred forty-two-dd of this article shall be accompanied by an

application, upon forms supplied by the commissioner, for a license to

supply such material under the brand name specified therein, and there

shall be transmitted therewith a copy of the label and of the statement

proposed to accompany such material in compliance with section one

hundred forty-two-cc of this article. Such application shall incorporate

by reference the data contained in the accompanying certificate for the

brand for which the license is sought. Upon compliance with the

provisions of this article, the applicant shall be issued a license for

the supplying of such qualifying brand of agricultural liming material,

which license shall expire on the thirty-first day of December of the

next even numbered year following the year in which it is issued, but no

such license shall be issued for the supplying of any such material

which does not meet the minimum standards herein provided for, nor for

the supplying thereof under a brand descriptive designation or with a

label or accompanying statement which is or tends to be misleading or

deceptive as to quality, analysis or composition. Application for a

renewal of the license for a period of two years shall be made

biennially, upon a form prescribed by the commissioner and submitted no

later than thirty days prior to the expiration of the existing license.

Any such license so issued may be revoked by the commissioner, after

notice to the licensee by mail or otherwise and opportunity to be heard,

when it appears that any statement or representation upon which it is

issued is false or misleading. The action of the commissioner in

refusing to grant a license, or in revoking a license, shall be subject

to review by a proceeding under article seventy-eight of the civil

practice law and rules, but the decision of the commissioner shall be

final unless within thirty days from the date of the order embodying

such action such proceeding to review has been instituted.

Whenever a manufacturer, producer or distributor shall have been

licensed to supply a particular brand of material hereunder, no agent,

seller or retailer of such brand shall be required to file a certificate

or obtain a license for such brand during a period for which such

license is in effect, nor upon such goods which were acquired during a

period for which a license was in effect and remaining undistributed in

subsequent years.