Section 71-D. Issuance of License  


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  • No license shall be granted unless the
      commissioner is satisfied that the applicant is qualified  by  character
      and  experience,  and  is  equipped  to  conduct  the  proposed business
      properly. Prior to the issuance  of  a  license  to  manufacture  frozen
      desserts,  to  satisfy himself that the applicant is equipped to conduct
      the proposed business properly, as required in this section, and at  any
      other time when, in his discretion, he shall deem such action necessary,
      the  commissioner  may inspect the plant and equipment of the applicant.
      The commissioner may enter into  and  effectuate  reciprocal  agreements
      with  other states, covering regulation and inspection of frozen dessert
      plants, as  will  insure  inhabitants  of  this  state  frozen  desserts
      substantially   complying   with  the  requirements  herein  enacted  or
      promulgated in rules and regulations  hereunder  and  as  part  of  such
      agreements  may  approve  or  accept inspections and regulation of other
      states covering frozen desserts plants. The commissioner may  inspect  a
      plant  beyond the boundary of the state, and when he does, the applicant
      shall, prior to such inspection, pay by  certified  check,  bank  check,
      domestic  or international money order in funds of the United States, in
      addition to the license fee set forth in section seventy-one-c  of  this
      article,  fees  for inspection of the plant by the department. Such fees
      shall include expenses for all time during  which  an  employee  of  the
      department  spends  traveling  to  and from and inspecting the plant. In
      addition, the applicant shall pay all necessary and reasonable  expenses
      incurred  in  making  such  inspection,  including,  but not limited to,
      expenses for traveling, lodging and meals and  the  inspector's  salary,
      including fringe benefits, and overtime if applicable. The commissioner,
      if  satisfied with the qualifications of the applicant as stated in this
      section and if satisfied that  the  equipment,  the  vehicles  used  for
      transporting  frozen  desserts and the premises named in the application
      and used by the applicant for the manufacture, storage or sale of frozen
      desserts are maintained in accordance with the standards  of  sanitation
      prescribed  in the rules and regulations promulgated under the authority
      of this article, shall issue  a  license  for  the  handling  of  frozen
      desserts. No license shall be issued if any statement in the application
      is  false  or  misleading,  or  if  the  brand  name  or  any  label  or
      advertisement of the frozen dessert involved in the application gives  a
      false   indication   of  origin,  character,  composition  or  place  of
      manufacture, or is otherwise false or misleading in any particular.