§ 142-EE — License

§ 142-ee. License. Each certificate filed pursuant to section one\nhundred forty-two-dd of this article shall be accompanied by an\napplication, upon forms supplied by the commissioner, for a license to\nsupply such material under the brand name specified therein, and there\nshall be transmitted therewith a copy of the label and of the statement\nproposed to accompany such material in compliance with section one\nhundred forty-two-cc of this article. Such application shall incorporate\nby reference the data contained in the accompanying certificate for the\nbrand for which the license is sought. Upon compliance with the\nprovisions of this article, the applicant shall be issued a license for\nthe supplying of such qualifying brand of agricultural liming material,\nwhich license shall expire on the thirty-first day of December of the\nnext even numbered year following the year in which it is issued, but no\nsuch license shall be issued for the supplying of any such material\nwhich does not meet the minimum standards herein provided for, nor for\nthe supplying thereof under a brand descriptive designation or with a\nlabel or accompanying statement which is or tends to be misleading or\ndeceptive as to quality, analysis or composition. Application for a\nrenewal of the license for a period of two years shall be made\nbiennially, upon a form prescribed by the commissioner and submitted no\nlater than thirty days prior to the expiration of the existing license.\nAny such license so issued may be revoked by the commissioner, after\nnotice to the licensee by mail or otherwise and opportunity to be heard,\nwhen it appears that any statement or representation upon which it is\nissued is false or misleading. The action of the commissioner in\nrefusing to grant a license, or in revoking a license, shall be subject\nto review by a proceeding under article seventy-eight of the civil\npractice law and rules, but the decision of the commissioner shall be\nfinal unless within thirty days from the date of the order embodying\nsuch action such proceeding to review has been instituted.\n Whenever a manufacturer, producer or distributor shall have been\nlicensed to supply a particular brand of material hereunder, no agent,\nseller or retailer of such brand shall be required to file a certificate\nor obtain a license for such brand during a period for which such\nlicense is in effect, nor upon such goods which were acquired during a\nperiod for which a license was in effect and remaining undistributed in\nsubsequent years.\n