N.Y. Agriculture & Markets Law § 44: Prosecution for penalties

§ 44. Prosecution for penalties. 1. Whenever the commissioner shall

know or have reason to believe that any penalty has been incurred by any

person for a violation of any of the provisions of this chapter, or of

any other law the enforcement of which is within the jurisdiction of the

department, or of the rules of the department, or that any sum has been

forfeited by reason of any such violation, the commissioner may report

the facts to the attorney general who may cause an action or proceeding

to be brought in the name of the people for the recovery of the same.

Such action may be brought in the county where the defendant resides or

the violation, or any part thereof, occurred.

2. In an action for a penalty or forfeiture incurred by reason of the

violation of the provisions of this chapter, or of any other law the

enforcement of which is within the jurisdiction of the department, or of

the rules of the department, when the complaint charges a violation of

any two or more of such provisions, the plaintiff shall not be compelled

to elect between the counts under such different provisions but shall be

entitled to recover if it is found that a violation of any of such

provisions has been committed for which a penalty or forfeiture is

imposed.

3. If the defendant in such an action shall prove that during any

portion of the time for which it is sought to recover penalties or

forfeitures for a violation of a rule or order of the department, the

defendant was actually and in good faith prosecuting a suit, action or

proceeding before the department or in the courts to set aside such rule

or order, the court shall remit the penalties or forfeitures incurred

during the pendency of such action or proceeding.