N.Y. Agriculture & Markets Law § 71-d: Issuance of License

§ 71-d. Issuance of License. No license shall be granted unless the

commissioner is satisfied that the applicant is qualified by character

and experience, and is equipped to conduct the proposed business

properly. Prior to the issuance of a license to manufacture frozen

desserts, to satisfy himself that the applicant is equipped to conduct

the proposed business properly, as required in this section, and at any

other time when, in his discretion, he shall deem such action necessary,

the commissioner may inspect the plant and equipment of the applicant.

The commissioner may enter into and effectuate reciprocal agreements

with other states, covering regulation and inspection of frozen dessert

plants, as will insure inhabitants of this state frozen desserts

substantially complying with the requirements herein enacted or

promulgated in rules and regulations hereunder and as part of such

agreements may approve or accept inspections and regulation of other

states covering frozen desserts plants. The commissioner may inspect a

plant beyond the boundary of the state, and when he does, the applicant

shall, prior to such inspection, pay by certified check, bank check,

domestic or international money order in funds of the United States, in

addition to the license fee set forth in section seventy-one-c of this

article, fees for inspection of the plant by the department. Such fees

shall include expenses for all time during which an employee of the

department spends traveling to and from and inspecting the plant. In

addition, the applicant shall pay all necessary and reasonable expenses

incurred in making such inspection, including, but not limited to,

expenses for traveling, lodging and meals and the inspector's salary,

including fringe benefits, and overtime if applicable. The commissioner,

if satisfied with the qualifications of the applicant as stated in this

section and if satisfied that the equipment, the vehicles used for

transporting frozen desserts and the premises named in the application

and used by the applicant for the manufacture, storage or sale of frozen

desserts are maintained in accordance with the standards of sanitation

prescribed in the rules and regulations promulgated under the authority

of this article, shall issue a license for the handling of frozen

desserts. No license shall be issued if any statement in the application

is false or misleading, or if the brand name or any label or

advertisement of the frozen dessert involved in the application gives a

false indication of origin, character, composition or place of

manufacture, or is otherwise false or misleading in any particular.