§ 202-B — Seizure and quarantine

§ 202-b. Seizure and quarantine. Whenever the commissioner or his\nduly authorized representative shall find distributed, offered or\nexposed for sale within this state, a food or food product which is\nunfit or unsafe for use as food, and its condemnation is required to\nprotect the public health, he may seize, destroy or denature such\nproduct so that it cannot thereafter be used for food.\n Whenever the commissioner finds, or has probable cause to believe,\nthat any food or food product is adulterated or misbranded within the\nmeaning of this article, he may affix to such food or food product a tag\nor other appropriate marking, giving notice that such food or food\nproduct is, or is suspected of being, adulterated or misbranded and has\nbeen quarantined, and warning all persons not to remove or dispose of\nsuch food or food product by sale or otherwise until permission for\nremoval or disposal is given by the commissioner or his duly authorized\nrepresentative. It shall be a violation of this article for any person\nto remove or dispose of such quarantined food or food product by sale or\notherwise without such permission.\n Before destruction of a food or food product following seizure or\nquarantine, the commissioner shall give the owner, proprietor or\ncustodian of such food or food product ten days' notice in writing, to\nbe served either personally or by mail, of a hearing for said owner,\nproprietor or custodian to show cause why such food or food product\nshould not be destroyed in accordance with the provisions of law.\n Following such hearing, the commissioner shall make a determination in\naccordance with the provisions of this chapter. The determination of\nthe commissioner may be reviewed in the manner provided by article\nseventy-eight of the civil practice law and rules, and such\ndetermination shall be final unless within thirty days from the date of\nservice of a copy thereof upon the owner, proprietor or custodian a\ncourt proceeding is instituted to review such determination.\n Whenever, following seizure or quarantine, a food or food product is\nfound to be unfit or unsafe for use as food, the destruction and\ndisposition of such food or food product, as well as any necessary\nstorage, handling, or other incidentals between the time of seizure or\nquarantine and the destruction and disposition thereof, shall be the\nresponsibility, both financially and otherwise, of the owner or other\nperson having custody of such food or food product; provided, however,\nthat such destruction and disposition shall be carried out only under\nthe direction and immediate supervision of the commissioner or his duly\nauthorized representative. Nothing in this section shall be construed as\npreventing the commissioner or his duly authorized representative from\ndestroying and disposing of such food or food product found to be unfit\nor unsafe, where such procedure is warranted.\n