Section 71-E. Revocation or suspension of license  


Latest version.
  • Any license may be
      revoked by the commissioner, after notice to the  licensee  by  mail  or
      otherwise  and  opportunity to be heard, when and if it appears that any
      statement upon which it was issued was false or misleading, or that  any
      frozen  dessert manufactured, sold, offered or exposed for sale, or held
      for  sale,  by  the  licensee  is  adulterated  or  misbranded,  or   is
      manufactured  in  a  plant,  or  transported  in a vehicle, or stored in
      equipment not maintained in accordance with the standards of  sanitation
      prescribed  in the rules and regulations promulgated under the authority
      of this article, or that the brand name of any label or  advertising  of
      any  frozen  dessert manufactured, sold, offered or exposed for sale, or
      held for sale, by the licensee  gives  a  false  indication  of  origin,
      character, composition or place of manufacture, or is otherwise false or
      misleading in any particular.
        A  license  may  also, after such notice and hearing, be suspended for
      any of the foregoing  reasons  until  the  licensee  complies  with  the
      conditions prescribed by the commissioner for its reinstatement.
        Where  the commissioner has denied, revoked or suspended a license, an
      order to that effect may be issued  and  service  thereof  may  be  made
      either  by personal delivery of a copy, or by mailing a copy in a sealed
      envelope with postage prepaid to such applicant or licensee, or, in case
      such applicant or licensee is a corporation,  then  to  any  officer  or
      agent  of  such  corporation  upon  whom  a  summons  may  be  served in
      accordance with the provisions of the civil practice law and rules.