§ 129 — Registration

§ 129. Registration. 1. No person shall distribute in this state any\ncommercial feed unless he or she is registered pursuant to the\nprovisions of this section. The biennial registration fee shall be one\nhundred dollars. Application, upon a form prescribed by the\ncommissioner, shall be made on or before June first of every other year\nfor the registration period beginning July first following.\nNotwithstanding the provisions of this subdivision, a person licensed in\naccordance with section one hundred twenty-eight-a of this article shall\nnot be required to be registered pursuant to this section.\n 2. No person shall distribute in this state any pet food or specialty\npet food unless the brand thereof has been registered pursuant to the\nprovisions of this section. An application for such registration of a\npet food or specialty pet food shall be accompanied by a registration\nfee of one hundred dollars for each brand to be distributed, said fee to\nbe paid annually thereafter. If any brand of a pet food or specialty pet\nfood changes in any way after such brand has been registered, a new\napplication therefor shall be made pursuant to the provisions of this\nsection.\n 3. Application for registration as set forth in subdivisions one and\ntwo of this section shall be made to the commissioner on forms\nprescribed by the commissioner. The applicant shall satisfy the\ncommissioner of his character and responsibility and shall set forth\nsuch information as the commissioner shall require. Upon approval by the\ncommissioner the registration shall be issued to the applicant.\n 4. The commissioner may deny any application for registration as set\nforth in subdivisions one and two of this section or revoke any\nregistration already granted, after written notice to the applicant or\nregistrant and an opportunity to be heard, when:\n (a) Any statement in the application or upon which it was issued is or\nwas false or misleading;\n (b) If facilities of the applicant or registrant are not maintained in\na manner as required by rules and regulations duly promulgated by the\ncommissioner;\n (c) The applicant or registrant, or an officer, director, partner or\nholder of ten per centum or more of the voting stock of the applicant or\nregistrant, has failed to comply with any of the provisions of this\nchapter or rules and regulations promulgated pursuant thereto;\n (d) The applicant or registrant, or an officer, director, partner or\nholder of ten per centum or more of the voting stock of the applicant or\nregistrant, has been convicted of a felony by a court of the United\nStates or any state or territory thereof, without subsequent pardon by\nthe governor or other appropriate authority of the state or jurisdiction\nin which such conviction occurred, or receipt of a certificate of relief\nfrom disabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law;\n (e) The applicant or registrant is a partnership or corporation and\nany individual holding any position or interest or power of control\ntherein has previously been responsible in whole or in part for any act\non account of which an application for registration may be denied or a\nregistration cancelled pursuant to the provisions of this article; or\n (f) The maintenance and operation of the establishment of the\napplicant or registrant is such that the commercial feed held therein is\nor may be adulterated.\n