N.Y. Agriculture & Markets Law § 43: Evidence

§ 43. Evidence. The doing of anything prohibited by this chapter

shall be evidence of the violation of the provisions of this chapter

relating to the thing so prohibited, and the omission to do anything

directed to be done shall be evidence of a violation of the provisions

of the chapter relative to the thing so directed to be done. The intent

of any person doing or omitting to do any such act is immaterial in any

prosecution for a violation of the provisions of this chapter. Any

person who suffers, permits or allows any violation of the provisions of

this chapter in any room or building occupied or controlled by him,

shall be guilty of such violation and liable accordingly. Any person who

shall keep, store or display any article or product, the manufacture or

sale of which is prohibited or regulated by this chapter, with other

merchandise or stock in his place of business, shall be deemed to have

the same in his possession for sale.

Every certificate, duly signed and acknowledged, of a chemist, analyst

or other expert employed by the commissioner or any analysis,

examination or investigation made by such analyst, chemist or expert

with respect to any matter or product which the commissioner has

authority to examine or cause to be examined, shall be presumptive

evidence of the facts therein stated.