N.Y. Agriculture & Markets Law § 240: Length of storage period

§ 240. Length of storage period. 1. No person or corporation shall

keep or permit to remain in any refrigerated warehouse or locker plant

any article of food beyond the time when it is sound and wholesome and

fit to remain in storage. If any article of food is found to be fit for

immediate consumption, but unfit for further storage, such article of

food shall at once be removed from storage and not again stored. No

article of food shall be kept or permitted to remain in any refrigerated

warehouse for a longer aggregate period than twenty-four calendar

months, except by order of the commissioner. Upon evidence satisfactory

to him that the food is sound and wholesome and fit for further storage,

the commissioner may, in his discretion, grant an extension of the

storage period. He may, in his discretion, cause any articles of food to

be examined to ascertain if the food is sound and wholesome and fit for

further storage.

2. In the event that any article of food is held in a refrigerated

warehouse for a period of longer than twenty-four calendar months

without extension having been applied for and granted by the

commissioner, and that neither the operator of the refrigerated

warehouse nor the commissioner can locate the owner of the said article

of food, after ten days' notice by registered mail directed to the last

known address of such owner, then, and in that event, the commissioner

shall have the power to order the disposition and sale of the said

article of food for the purpose of payment of charges for storage or

other valid liens against same. If a sale as herein provided is ordered

by the commissioner, the proceeds of such sale shall be applied, first,

to the payment of any and all charges for storage and service in

connection with said property, and second, for any other valid liens

against the said property. Any balance then remaining from the proceeds

of the sale shall be paid to the owner of the said property, if such

owner can be located; and, in the event the owner cannot be located

within one year of date of notification, then any balance shall be paid

into the treasury of the state of New York.

3. If through non-use of any locker or lockers by the lessee thereof

during a period of twelve calendar months, or if for any reason it

becomes apparent to the operator of a locker plant that articles of food

are possibly being held in any locker or lockers for a period beyond the

time when such articles of food may be sound and wholesome or fit to

remain in storage, he shall notify the lessee to immediately inspect the

contents of his locker or lockers; and, if any article of food is found

unfit for further storage, the operator shall require its prompt

removal.

4. If the operator of the locker plant, after ten days' notice by

registered mail directed to the last known address of such lessee, is

unable to locate the lessee of the said locker or lockers, then, and in

that event, he shall so notify the commissioner. The commissioner shall

thereupon cause the articles of food to be examined, and, if found fit

for immediate consumption, he shall have the power to order the

disposition and sale of the said article or articles of food for the

purpose of payment of the locker charges or other valid liens against

same. If a sale as herein provided is ordered by the commissioner, the

proceeds of such sale shall be applied, first, to the payment of any and

all charges due the locker plant operator for rental and service, and,

second, for any other valid liens against the said property. Any balance

then remaining from the proceeds of the sale shall be paid to the owner

of the said property if such owner can be located; and, in the event

that the owner cannot be located within one year of date of

notification, then any balance shall be paid into the treasury of the

state of New York.

5. In carrying out any order of the commissioner for sale or

disposition of any property under the provisions of sections two hundred

and thirty-nine or two hundred and forty of this chapter, the owner or

operators of the refrigerated warehouse or locker plant are hereby

relieved from any liability to the original owner or any other person or

persons for the custody of said property, and from any legal liability

under any warehouse receipt issued and outstanding covering the said

property.