Section 258-II. Violations


Latest version.
  • In addition to any civil penalties provided for
      in this chapter the commissioner may institute such action at law or  in
      equity as may appear necessary to enforce compliance with any provisions
      of this article and any rules and orders promulgated by the commissioner
      to  carry  out  the provisions of this article and in addition may apply
      for relief by injunction if necessary to  protect  the  public  interest
      without  being  compelled  to allege or prove that an adequate remedy at
      law does not exist. Such application may be made to the supreme court in
      any district or county as provided in the civil practice law and  rules,
      or to the supreme court in the third judicial district.
        Whenever  the commissioner or his duly authorized representative shall
      find distributed, offered or exposed for sale within this state,  a  dry
      milk  powder  which has originated from any area outside the continental
      United States including Alaska and Hawaii that has not  been  designated
      in  accordance  with section two hundred fifty-eight-cc as being disease
      free or which otherwise is unfit or unsafe for use, and its condemnation
      is required to protect the public health, he may, in accordance with the
      procedures set forth in section two hundred two-b of this chapter, seize
      or quarantine and destroy or denature such product  so  that  it  cannot
      thereafter be used.