Section 135-B. Detained commercial feeds  


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  • 1.  Stop  sale  order: When the
      commissioner or his authorized agent has probable cause to  believe  any
      lot  of  commercial  feed  is  being,  or  is about to be distributed in
      violation of any of the provisions of this article or any of  the  rules
      and  regulations  adopted  pursuant  thereto,  the  commissioner  or his
      authorized agent may issue  and  enforce  a  written  stop  sale  order,
      warning  the  distributor  not  to  remove  or  dispose  of  the  lot of
      commercial feed in any manner until written permission  for  removal  or
      disposal  is  given  by  the  commissioner  or his authorized agent. The
      commissioner or his authorized agent shall release the lot  of  feed  so
      detained  if and when said provisions and regulations have been complied
      with.  If  compliance  is  not  obtained  within   fifteen   days,   the
      commissioner may begin, or upon request of the distributor or registrant
      shall  begin,  seizure  proceedings in accordance with the provisions of
      section two hundred two-b of this chapter.
        2. Seizure: Whenever the commissioner or his  authorized  agent  shall
      find distributed, or about to be distributed, any lot of commercial feed
      which   is  unfit  or  unsafe  for  use  as  commercial  feed,  and  its
      condemnation is required to protect the public health, the  commissioner
      or his authorized agent may seize, destroy or denature such feed so that
      it cannot thereafter be used for commercial feed.
        Whenever  the  commissioner  or  his  authorized  agent  finds, or has
      probable  cause  to  believe,  that  any  lot  of  commercial  feed   is
      adulterated  or misbranded within the meaning of this article, or if any
      person fails to comply with a stop sale order duly  issued  pursuant  to
      the  preceding  subdivision,  the  commissioner  or his authorized agent
      shall seize such feed in accordance with the provisions of  section  two
      hundred two-b of this chapter.
        All   proceedings   subsequent  to  seizure,  including  if  necessary
      destruction of the feed  after  ten  days'  notice  in  writing  to  the
      distributor  and  an opportunity to be heard, shall be had in accordance
      with the provisions of section two hundred two-b. Prior  to  destruction
      of  any  commercial feed pursuant to the provisions of this subdivision,
      except where a commercial feed is unfit or unsafe for use as  commercial
      feed  and its condemnation is required to protect the public health, the
      commissioner or his authorized agent, upon request by  the  distributor,
      may  afford  the distributor an opportunity to reprocess or relabel said
      feed to bring it into compliance.