Agriculture & Markets - Milk Control - General powers


Published: 2014-09-22

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§ 254. General powers. The department through the commissioner is
hereby vested with the powers heretofore conferred with respect to milk
gathering stations, manufactories and plants, including the following:

(a) To supervise and regulate the entire milk industry of New York
state, including the production, transportation, manufacture, storage,
distribution, delivery and sale of milk and milk products in the state
of New York; provided, however, that nothing contained in this article
shall be construed to abrogate or affect the status, force or operation
of any provision of the public health law, the public service law, the
state sanitary code or any local health ordinance or regulation.

(b) To investigate all matters pertaining to the production,
manufacture, storage, transportation, disposal, distribution and sale of
milk and milk products in the state of New York. The commissioner shall
have the power to subpoena milk dealers, their records, books and
accounts, and any other person from whom information may be desired to
carry out the purpose and intent of this chapter and may issue
commissions to take depositions of witnesses absent from the state. Any
designated employee may sign and issue subpoenas and may administer
oaths to witnesses and conduct hearings and investigations. A subpoena
issued under this section shall be regulated by the civil practice law
and rules.

(c) The commissioner may act as mediator and arbitrator in any
controversy or issue that may arise among or between producers, among or
between producers and milk dealers, among or between milk dealers, as
between themselves or that may arise between them as groups.

(d) The operation and effect of any provision of this article
conferring a general power shall not be impaired or qualified by the
granting by this article of a specific power or powers.