N.Y. Agric. & Mkts. Law § 128-a

§ 128-a. Licenses. 1. No person shall manufacture any commercial feed\nin this state unless such person holds a license issued therefor by the\ncommissioner. Notwithstanding the foregoing, a person, in operation on\nor before the effective date of this section, who has filed an\napplication for an initial license under this section shall be\nauthorized to operate without such license until the commissioner grants\nor, after notice and opportunity to be heard, declines to grant such\nlicense. Each application for a license shall be made on a form supplied\nby the department and shall contain such information as may be required\nby the department. Renewal applications shall be submitted to the\ncommissioner at least thirty days prior to the commencement of the next\nlicense year.\n 2. The commissioner may deny any application for a license or revoke\nany license when granted, after written notice to the applicant and an\nopportunity to be heard, when:\n (a) any statement in the application or upon which it was issued is or\nwas false or misleading;\n (b) facilities of the applicant are not maintained in a manner as\nrequired by rules and regulations duly promulgated by the commissioner;\n (c) the maintenance and operation of the establishment of the\napplicant is such that the commercial feed produced therein is or may be\nadulterated, misbranded, or not maintained in any manner as required by\nthis article;\n (d) the applicant or licensee, or an officer, director, partner or\nholder of ten per centum or more of the voting stock of the applicant or\nlicensee, has failed to comply with any of the provisions of this\narticle or rules and regulations promulgated pursuant thereto; or\n (e) the applicant or licensee is a partnership or corporation and any\nindividual holding any position or interest or power of control therein\nhas previously been responsible in whole or in part for any act on\naccount of which an application for licensure may be denied or a license\nrevoked pursuant to the provisions of this article.\n 3. Each application for an initial license shall be accompanied by a\nnon-refundable fee of one hundred dollars. The commissioner shall\nprorate the license fee for any person applying for an initial license\nafter the commencement of the licensing period. Licenses shall be\nrenewable annually thereafter, together with the payment of a\nnon-refundable fee of fifty dollars.\n 4. Inspection in accordance with section one hundred thirty-five-a of\nthis article, the results of which establish compliance with the\nprovisions of this article, shall precede issuance of a license or\nrenewal thereof under this section.\n 5. Upon validation by the commissioner, the application shall become\nthe license of the person.\n 6. The commissioner shall provide a copy of the license to the person.\nThe commissioner shall also retain a copy of the license.\n 7. No licensee shall publish or advertise the sale of any commercial\nfeed unless the publication or advertisement is accompanied by such\nlicensee's license number. Notwithstanding the foregoing, a person, in\noperation on or before the effective date of this section, who has filed\nan application for an initial license under this section may publish or\nadvertise the sale or availability of any commercial feed without the\npublication or advertisement being accompanied by the person's license\nnumber until the commissioner grants or, after notice and opportunity to\nbe heard, declines to grant such license.\n 8. Commercial feed licenses shall be conspicuously displayed on the\npremises so that they may be readily seen by officers and employees of\nthe department.\n 9. Notwithstanding the definition of commercial feed under subdivision\nseven of section one hundred twenty-eight of this article, the\nprovisions of this section shall not apply to a person who conducts a\nbusiness of selling pet food and specialty pet food.\n