§ 96-T — Enforcement

§ 96-t. Enforcement. 1. The commissioner may institute such action at\nlaw or in equity as may appear necessary to enforce compliance with any\nprovision of this article and the rules and regulations adopted and\npromulgated hereunder and, in addition to any other remedy under article\nthree of this chapter or otherwise, may apply for relief by injunction\nif necessary to protect the public interest without being compelled to\nallege or prove that an adequate remedy at law does not exist. Such\napplication may be made to the supreme court in any county pursuant to\nthe civil practice law and rules or to the supreme court in any county\nof the third judicial district.\n 2. Whenever the commissioner is authorized or directed hereunder to\nrender unfit for food or seize and destroy any meat, meat by-product, or\nmeat food product, the destruction and disposition of such meat, meat\nby-product, or meat food product, as well as any necessary storage,\nhandling or other incidentals, shall be the responsibility both\nfinancially and otherwise, of the owner of the establishment or other\nperson having custody or possession of such meat, meat by-product, or\nmeat food product; provided, however, that such destruction or\ndisposition shall be carried out only under the direction and\nsupervision of the commissioner. Nothing in this subdivision shall be\nconstrued as preventing the commissioner from destroying or disposing of\nmeat, meat by-products, or meat food products found to be unfit or\nunsafe for use as food where such action is necessary for the protection\nof public health.\n