§ 254 — General powers

§ 254. General powers. The department through the commissioner is\nhereby vested with the powers heretofore conferred with respect to milk\ngathering stations, manufactories and plants, including the following:\n (a) To supervise and regulate the entire milk industry of New York\nstate, including the production, transportation, manufacture, storage,\ndistribution, delivery and sale of milk and milk products in the state\nof New York; provided, however, that nothing contained in this article\nshall be construed to abrogate or affect the status, force or operation\nof any provision of the public health law, the public service law, the\nstate sanitary code or any local health ordinance or regulation.\n (b) To investigate all matters pertaining to the production,\nmanufacture, storage, transportation, disposal, distribution and sale of\nmilk and milk products in the state of New York. The commissioner shall\nhave the power to subpoena milk dealers, their records, books and\naccounts, and any other person from whom information may be desired to\ncarry out the purpose and intent of this chapter and may issue\ncommissions to take depositions of witnesses absent from the state. Any\ndesignated employee may sign and issue subpoenas and may administer\noaths to witnesses and conduct hearings and investigations. A subpoena\nissued under this section shall be regulated by the civil practice law\nand rules.\n (c) The commissioner may act as mediator and arbitrator in any\ncontroversy or issue that may arise among or between producers, among or\nbetween producers and milk dealers, among or between milk dealers, as\nbetween themselves or that may arise between them as groups.\n (d) The operation and effect of any provision of this article\nconferring a general power shall not be impaired or qualified by the\ngranting by this article of a specific power or powers.\n