N.Y. Agriculture & Markets Law § 96-t: Enforcement

§ 96-t. Enforcement. 1. The commissioner may institute such action at

law or in equity as may appear necessary to enforce compliance with any

provision of this article and the rules and regulations adopted and

promulgated hereunder and, in addition to any other remedy under article

three of this chapter or otherwise, may apply for relief by injunction

if necessary to protect the public interest without being compelled to

allege or prove that an adequate remedy at law does not exist. Such

application may be made to the supreme court in any county pursuant to

the civil practice law and rules or to the supreme court in any county

of the third judicial district.

2. Whenever the commissioner is authorized or directed hereunder to

render unfit for food or seize and destroy any meat, meat by-product, or

meat food product, the destruction and disposition of such meat, meat

by-product, or meat food product, as well as any necessary storage,

handling or other incidentals, shall be the responsibility both

financially and otherwise, of the owner of the establishment or other

person having custody or possession of such meat, meat by-product, or

meat food product; provided, however, that such destruction or

disposition shall be carried out only under the direction and

supervision of the commissioner. Nothing in this subdivision shall be

construed as preventing the commissioner from destroying or disposing of

meat, meat by-products, or meat food products found to be unfit or

unsafe for use as food where such action is necessary for the protection

of public health.