N.Y. Agriculture & Markets Law § 202-b: Seizure and quarantine

§ 202-b. Seizure and quarantine. Whenever the commissioner or his

duly authorized representative shall find distributed, offered or

exposed for sale within this state, a food or food product which is

unfit or unsafe for use as food, and its condemnation is required to

protect the public health, he may seize, destroy or denature such

product so that it cannot thereafter be used for food.

Whenever the commissioner finds, or has probable cause to believe,

that any food or food product is adulterated or misbranded within the

meaning of this article, he may affix to such food or food product a tag

or other appropriate marking, giving notice that such food or food

product is, or is suspected of being, adulterated or misbranded and has

been quarantined, and warning all persons not to remove or dispose of

such food or food product by sale or otherwise until permission for

removal or disposal is given by the commissioner or his duly authorized

representative. It shall be a violation of this article for any person

to remove or dispose of such quarantined food or food product by sale or

otherwise without such permission.

Before destruction of a food or food product following seizure or

quarantine, the commissioner shall give the owner, proprietor or

custodian of such food or food product ten days' notice in writing, to

be served either personally or by mail, of a hearing for said owner,

proprietor or custodian to show cause why such food or food product

should not be destroyed in accordance with the provisions of law.

Following such hearing, the commissioner shall make a determination in

accordance with the provisions of this chapter. The determination of

the commissioner may be reviewed in the manner provided by article

seventy-eight of the civil practice law and rules, and such

determination shall be final unless within thirty days from the date of

service of a copy thereof upon the owner, proprietor or custodian a

court proceeding is instituted to review such determination.

Whenever, following seizure or quarantine, a food or food product is

found to be unfit or unsafe for use as food, the destruction and

disposition of such food or food product, as well as any necessary

storage, handling, or other incidentals between the time of seizure or

quarantine and the destruction and disposition thereof, shall be the

responsibility, both financially and otherwise, of the owner or other

person having custody of such food or food product; provided, however,

that such destruction and disposition shall be carried out only under

the direction and immediate supervision of the commissioner or his duly

authorized representative. Nothing in this section shall be construed as

preventing the commissioner or his duly authorized representative from

destroying and disposing of such food or food product found to be unfit

or unsafe, where such procedure is warranted.