New York · statute · N.Y. Agriculture & Markets Law · 795 active provisions
CHAPTER 48 AN ACT in relation to agriculture and markets, constituting chapter sixty-nine of the consolidated laws. Became a law February 27, 1922, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER…
ARTICLE 1. Short Title; Definitions; Matters of Public Interest. Section 1. Short title. 2. Definitions. 3. Declaration of policy and purposes.
§ 1. Short title. This chapter shall be known as the agriculture and markets law.
§ 2. Definitions. When used in this chapter, unless otherwise expressly stated, or unless the context or subject matter otherwise requires: 1. "Department" means the state department of agriculture and markets; 2. "Commissioner" means the commissioner of agriculture and markets. 3. The terms "food" and food "products,"…
§ 3. Declaration of policy and purposes. The agricultural industry is basic to the life of our state. It vitally concerns and affects the welfare, health, economic well-being and productive and industrial capabilities of all our people. It is the policy and duty of the state to promote, foster, and encourage the agricu…
ARTICLE 2 Department of Agriculture and Markets; Jurisdiction; General Powers and Duties Section 4. Department of agriculture and markets. 5. Commissioner of agriculture and markets. 6. Deputy commissioners. 7. Secretary. 8. Counsel. 9. Bureaus. 10. Confidential positions. 11. Other officers and employees. 12. Oaths of…
§ 4. Department of agriculture and markets. There shall continue to be in the state government a department of agriculture and markets.
§ 5. Commissioner of agriculture and markets. The head of the department of agriculture and markets shall be the commissioner of agriculture and markets, who shall be appointed by the governor, by and with the advice and consent of the senate, and hold office until the end of the term of the governor by whom he was app…
§ 6. Deputy commissioners. The commissioner may appoint and at pleasure remove such deputies and other officers and assistants as he may find necessary, and assign them the work which shall be under their respective supervision, and fix their compensation within the amounts appropriated therefor, subject to the approva…
§ 7. Secretary. There shall be a secretary of the department to be appointed by the commissioner and who shall serve during the pleasure of the commissioner.
§ 8. Counsel. There shall be a counsel of the department to be appointed by the commissioner and who shall serve during the pleasure of the commissioner. The counsel of the department shall represent and appear for the department in all actions and proceedings involving any question under this chapter or within the jur…
§ 9. Bureaus. Existing bureaus in the department are continued until consolidated or abolished pursuant to this section. The commissioner may establish such divisions, bureaus, and other units within the department as may be necessary for the administration and operation of the department and the proper exercise of its…
§ 10. Confidential positions. The deputy commissioners, secretary and counsel shall be deemed to occupy confidential positions to the commissioner, and may be appointed without competitive examination.
§ 11. Other officers and employees. There shall be such agents, inspectors, chemists, experts, statisticians, accountants and other assistants and employees, as the commissioner shall deem necessary for the exercise of the powers and the performance of the duties of the department under this chapter. Such officers and…
§ 12. Oaths of office. The commissioner, the deputy commissioners, the counsel and the secretary shall, before entering upon the duties of their offices, take and subscribe the constitutional oath of office. Such oaths shall be filed in the office of the secretary of state.
§ 13. Salaries of officers; expenses. The annual salaries and compensation of the deputy commissioners, the counsel, secretary and all other officers and employees of the department shall be fixed by the commissioner within the limits of appropriations made therefor. The reasonable and necessary traveling and other exp…
§ 14. Offices of department. The principal office of the department shall be in the county of Albany in office space to be designated by the commissioner of general services pursuant to law. Branch offices shall be established and maintained by the department in such places as the commissioner of agriculture and market…
§ 15. Seal of department. The department shall have an official seal, to be prepared and furnished by the secretary of state, as provided by law. Such seal shall be used for the authentication of the orders and proceedings of the commissioner and for such other purposes as the commissioner may prescribe.
§ 16. General powers and duties of department. The department through the commissioner shall have power to: 1. Execute and carry into effect the laws of the state and the rules of the department, relative to agriculture, horticulture, farm, fruit, and dairy products, aquaculture, and the production, processing, transpo…
§ 16-a. Food products containing nitrous oxide; packaging. The commissioner shall promulgate rules and regulations to require that all food products containing nitrous oxide be offered for sale in tamper evident packaging. For the purposes of this section, the term "tamper evident packaging" shall mean packaging having…
§ 16-b. Public awareness campaign regarding Lyme disease and other tick-borne diseases. The commissioner, in consultation with the commissioner of health, shall develop and conduct a public awareness campaign regarding Lyme disease and other tick-borne diseases. The campaign may utilize public forums, social media and…
§ 17. Delegation of powers. (a) The commissioner may delegate any of his powers to, or direct any of his duties to be performed by, a deputy commissioner or the director of a bureau and, except where it is otherwise provided in this chapter or the context otherwise requires, may delegate any of such powers to any offic…
§ 18. Rules of department. Subject and in conformity to this chapter and the constitution and laws of the state, the commissioner may enact, amend and repeal necessary rules which shall 1. Regulate and control the transaction of business by the department, provide for the exercise of the powers and the performance of t…
§ 19. Publication of rules. Every rule or regulation enacted by the commissioner pursuant to the provisions of this chapter and intended to have the force of law shall be promptly published once in the New York state bulletin, published by the department of state pursuant to section one hundred sixty of the executive l…
§ 20. Access to place of business. The commissioner, each deputy commissioner and the directors, counsel, experts, chemists, agents and other officers and employees of the department shall have full access to all places of business, factories, farms, buildings, carriages, cars and vessels used in the production, manufa…