§ 240 — Length of storage period

§ 240. Length of storage period. 1. No person or corporation shall\nkeep or permit to remain in any refrigerated warehouse or locker plant\nany article of food beyond the time when it is sound and wholesome and\nfit to remain in storage. If any article of food is found to be fit for\nimmediate consumption, but unfit for further storage, such article of\nfood shall at once be removed from storage and not again stored. No\narticle of food shall be kept or permitted to remain in any refrigerated\nwarehouse for a longer aggregate period than twenty-four calendar\nmonths, except by order of the commissioner. Upon evidence satisfactory\nto him that the food is sound and wholesome and fit for further storage,\nthe commissioner may, in his discretion, grant an extension of the\nstorage period. He may, in his discretion, cause any articles of food to\nbe examined to ascertain if the food is sound and wholesome and fit for\nfurther storage.\n 2. In the event that any article of food is held in a refrigerated\nwarehouse for a period of longer than twenty-four calendar months\nwithout extension having been applied for and granted by the\ncommissioner, and that neither the operator of the refrigerated\nwarehouse nor the commissioner can locate the owner of the said article\nof food, after ten days' notice by registered mail directed to the last\nknown address of such owner, then, and in that event, the commissioner\nshall have the power to order the disposition and sale of the said\narticle of food for the purpose of payment of charges for storage or\nother valid liens against same. If a sale as herein provided is ordered\nby the commissioner, the proceeds of such sale shall be applied, first,\nto the payment of any and all charges for storage and service in\nconnection with said property, and second, for any other valid liens\nagainst the said property. Any balance then remaining from the proceeds\nof the sale shall be paid to the owner of the said property, if such\nowner can be located; and, in the event the owner cannot be located\nwithin one year of date of notification, then any balance shall be paid\ninto the treasury of the state of New York.\n 3. If through non-use of any locker or lockers by the lessee thereof\nduring a period of twelve calendar months, or if for any reason it\nbecomes apparent to the operator of a locker plant that articles of food\nare possibly being held in any locker or lockers for a period beyond the\ntime when such articles of food may be sound and wholesome or fit to\nremain in storage, he shall notify the lessee to immediately inspect the\ncontents of his locker or lockers; and, if any article of food is found\nunfit for further storage, the operator shall require its prompt\nremoval.\n 4. If the operator of the locker plant, after ten days' notice by\nregistered mail directed to the last known address of such lessee, is\nunable to locate the lessee of the said locker or lockers, then, and in\nthat event, he shall so notify the commissioner. The commissioner shall\nthereupon cause the articles of food to be examined, and, if found fit\nfor immediate consumption, he shall have the power to order the\ndisposition and sale of the said article or articles of food for the\npurpose of payment of the locker charges or other valid liens against\nsame. If a sale as herein provided is ordered by the commissioner, the\nproceeds of such sale shall be applied, first, to the payment of any and\nall charges due the locker plant operator for rental and service, and,\nsecond, for any other valid liens against the said property. Any balance\nthen remaining from the proceeds of the sale shall be paid to the owner\nof the said property if such owner can be located; and, in the event\nthat the owner cannot be located within one year of date of\nnotification, then any balance shall be paid into the treasury of the\nstate of New York.\n 5. In carrying out any order of the commissioner for sale or\ndisposition of any property under the provisions of sections two hundred\nand thirty-nine or two hundred and forty of this chapter, the owner or\noperators of the refrigerated warehouse or locker plant are hereby\nrelieved from any liability to the original owner or any other person or\npersons for the custody of said property, and from any legal liability\nunder any warehouse receipt issued and outstanding covering the said\nproperty.\n