N.Y. Agriculture & Markets Law Section 202-B
Seizure and quarantine

Whenever the commissioner or his duly authorized representative shall find distributed, offered or exposed for sale within this state, a food or food product which is unfit or unsafe for use as food, and its condemnation is required to protect the public health, he may seize, destroy or denature such product so that it cannot thereafter be used for food. Whenever the commissioner finds, or has probable cause to believe, that any food or food product is adulterated or misbranded within the meaning of this article, he may affix to such food or food product a tag or other appropriate marking, giving notice that such food or food product is, or is suspected of being, adulterated or misbranded and has been quarantined, and warning all persons not to remove or dispose of such food or food product by sale or otherwise until permission for removal or disposal is given by the commissioner or his duly authorized representative. It shall be a violation of this article for any person to remove or dispose of such quarantined food or food product by sale or otherwise without such permission. Before destruction of a food or food product following seizure or quarantine, the commissioner shall give the owner, proprietor or custodian of such food or food product ten days’ notice in writing, to be served either personally or by mail, of a hearing for said owner, proprietor or custodian to show cause why such food or food product should not be destroyed in accordance with the provisions of law. Following such hearing, the commissioner shall make a determination in accordance with the provisions of this chapter. The determination of the commissioner may be reviewed in the manner provided by article seventy-eight of the civil practice law and rules, and such determination shall be final unless within thirty days from the date of service of a copy thereof upon the owner, proprietor or custodian a court proceeding is instituted to review such determination. Whenever, following seizure or quarantine, a food or food product is found to be unfit or unsafe for use as food, the destruction and disposition of such food or food product, as well as any necessary storage, handling, or other incidentals between the time of seizure or quarantine and the destruction and disposition thereof, shall be the responsibility, both financially and otherwise, of the owner or other person having custody of such food or food product; provided, however, that such destruction and disposition shall be carried out only under the direction and immediate supervision of the commissioner or his duly authorized representative. Nothing in this section shall be construed as preventing the commissioner or his duly authorized representative from destroying and disposing of such food or food product found to be unfit or unsafe, where such procedure is warranted.

Source: Section 202-B — Seizure and quarantine, https://www.­nysenate.­gov/legislation/laws/AGM/202-B (updated Sep. 22, 2014; accessed Apr. 20, 2024).

198
Definitions 199
Application of article 199‑A
Prohibition as to adulterated or misbranded food 199‑B
Powers and duties of commissioner respecting food additives and color additives 199‑C
Disposing of tainted food 199‑D
Prohibition as to sulfites 199‑E
Prohibition as to sale of irradiated foods 199‑F
Food allergies notice in food service establishments 200
Adulteration of food 201
Misbranding of food 201‑A
Kosher food and food products 201‑B
Retail sale of kosher food or food products 201‑C
Persons certifying as kosher 201‑D
Notice of violation 201‑E
Halal food and food products 201‑F
Retail sale of halal food or food products 201‑G
Persons certifying as halal 201‑H
Notice of violation 201‑I
Misbranding of certain fish species 202
Unavoidable added poisonous or deleterious substances 202‑A
False advertising 202‑B
Seizure and quarantine 202‑C
Proceedings to review, violations and remedies 203
Manufacture and sale of imitation maple, birch, walnut or beech sugar and syrup prohibited 204
Branding and labeling of maple, birch, walnut or beech sugar and syrup mixtures 204‑A
Olive oil mixtures 204‑B
Foods containing fats and/or oils 204‑C
Prepared horseradish 204‑D
Adulteration of natural fruit juices 205
Defining honey 206
Relative to selling a commodity in imitation or semblance of honey 207
Definition of vinegars and adulterated vinegars 208
Manufacture and sale of misbranded vinegar prohibited 209
Packages containing vinegar to be branded 210
Packaging in the shape of firearms 210‑A
Pork processing 213
Repacking fruit and farm produce 214
Guaranty established 214‑A
Samples 214‑B
Regulations 214‑C
No provisions contained in sections one hundred ninety-eight, one hundred ninety-nine, two hundred, two hundred one, two hundred two, two... 214‑D
Legislative finding and declaration of policy 214‑E
Temporary marketing and manufacturing permits 214‑F
Temperature requirements for manufacture, transportation and storage of certain foods 214‑G
Labeling of certain frozen foods 214‑H
Unit pricing 214‑J
Small quantities of fruits and vegetables 214‑K
Sale and labeling of charcoal 214‑L
Sale of talc coated rice prohibited 214‑M
Labeling of certain food products 214‑N
Treatment and sale of apple cider 214‑O
Labeling requirements for fish wholesalers
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 202-B’s source at nysenate​.gov

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