Section 142-EE. License and fee  


Latest version.
  • Each certificate filed pursuant to section
      one hundred forty-two-dd shall be accompanied by  an  application,  upon
      forms  supplied  by  the  commissioner,  for  a  license  to supply such
      material under the brand name specified  therein,  and  there  shall  be
      transmitted  therewith a copy of the label and of the statement proposed
      to accompany such  material  in  compliance  with  section  one  hundred
      forty-two-cc, together with a license fee of forty dollars for each such
      brand.   Such  application  shall  incorporate  by  reference  the  data
      contained in the accompanying certificate for the brand  for  which  the
      license  is sought. Upon compliance with the provisions of this article,
      the applicant shall be issued  a  license  for  the  supplying  of  such
      qualifying  brand  of  agricultural liming material, which license shall
      expire on the thirty-first day of December of  the  year  following  the
      year  in which it is issued, but no such license shall be issued for the
      supplying of any such material which does not meet the minimum standards
      herein provided for,  nor  for  the  supplying  thereof  under  a  brand
      descriptive  designation or with a label or accompanying statement which
      is or tends to be misleading or deceptive as  to  quality,  analysis  or
      composition.   Any  such  license  so  issued  may  be  revoked  by  the
      commissioner, after notice to the licensee  by  mail  or  otherwise  and
      opportunity  to  be  heard,  when  it  appears  that  any  statement  or
      representation upon which it is  issued  is  false  or  misleading.  The
      action  of  the  commissioner  in  refusing  to  grant  a license, or in
      revoking a license, shall be subject to review  by  a  proceeding  under
      article  seventy-eight  of  the  civil  practice  law and rules, but the
      decision of the commissioner shall be final unless  within  thirty  days
      from  the  date  of  the  order embodying such action such proceeding to
      review has been instituted.
        Whenever a manufacturer,  producer  or  distributor  shall  have  been
      licensed  to  supply a particular brand of material hereunder, no agent,
      seller or retailer of such brand shall be required to file a certificate
      or obtain a license for such  brand  during  a  period  for  which  such
      license  is  in effect, nor upon such goods which were acquired during a
      period for which a license was in effect and remaining undistributed  in
      subsequent years.