New York Agriculture & Markets Law Article 2 - Department of Agriculture and Markets; Jurisdiction; General Powers and Duties

  • 4 - Department of Agriculture and Markets.
    There shall continue to be in the state government a department of agriculture and markets.
  • 5 - Commissioner of Agriculture and Markets.
    The head of the department of agriculture and markets shall be the commissioner of agriculture and markets, who shall be appointed by the governor, by...
  • 6 - Deputy Commissioners.
    The commissioner may appoint and at pleasure remove such deputies and other officers and assistants as he may find necessary, and assign them the work...
  • 7 - Secretary.
    There shall be a secretary of the department to be appointed by the commissioner and who shall serve during the pleasure of the commissioner.
  • 8 - Counsel.
    There shall be a counsel of the department to be appointed by the commissioner and who shall serve during the pleasure of the commissioner. The...
  • 9 - Bureaus.
    Existing bureaus in the department are continued until consolidated or abolished pursuant to this section. The commissioner may establish such divisions, bureaus, and other units...
  • 10 - Confidential Positions.
    The deputy commissioners, secretary and counsel shall be deemed to occupy confidential positions to the commissioner, and may be appointed without competitive examination.
  • 11 - Other Officers and Employees.
    There shall be such agents, inspectors, chemists, experts, statisticians, accountants and other assistants and employees, as the commissioner shall deem necessary for the exercise of...
  • 12 - Oaths of Office.
    The commissioner, the deputy commissioners, the counsel and the secretary shall, before entering upon the duties of their offices, take and subscribe the constitutional oath...
  • 13 - Salaries of Officers; Expenses.
    The annual salaries and compensation of the deputy commissioners, the counsel, secretary and all other officers and employees of the department shall be fixed by...
  • 14 - Offices of Department.
    The principal office of the department shall be in the county of Albany in office space to be designated by the commissioner of general services...
  • 15 - Seal of Department.
    The department shall have an official seal, to be prepared and furnished by the secretary of state, as provided by law. Such seal shall be...
  • 16 - General Powers and Duties of Department.
    The department through the commissioner shall have power to: 1. Execute and carry into effect the laws of the state and the rules of the...
  • 16-a - Food Products Containing Nitrous Oxide; Packaging.
    The commissioner shall promulgate rules and regulations to require that all food products containing nitrous oxide be offered for sale in tamper evident packaging. For...
  • 17 - Delegation of Powers.
    (a) The commissioner may delegate any of his powers to, or direct any of his duties to be performed by, a deputy commissioner or the...
  • 18 - Rules of Department.
    Subject and in conformity to this chapter and the constitution and laws of the state, the commissioner may enact, amend and repeal necessary rules which...
  • 19 - Publication of Rules.
    Every rule or regulation enacted by the commissioner pursuant to the provisions of this chapter and intended to have the force of law shall be...
  • 20 - Access to Place of Business.
    The commissioner, each deputy commissioner and the directors, counsel, experts, chemists, agents and other officers and employees of the department shall have full access to...
  • 20-a - Search Warrant in Aid of the Commissioner of Agriculture.
    A search warrant, in the name of the people, directed to a police officer commanding him to search for dairy products, imitations thereof and substitutes...
  • 21 - Interference With Department Employees in Performance of Duties; Bribery.
    No person shall attempt, by means of any threat or violence, to deter or prevent an inspector, agent or other employee of the department from...
  • 22 - Power to Administer Oaths and Compel Testimony.
    The commissioner, a deputy commissioner, the secretary or counsel of the department, or any other officer or employee duly authorized by the commissioner, may administer...
  • 23 - Records, Documents and Papers of the Department.
    All proceedings, documents, papers and records filed or deposited with the department relating to matters within its jurisdiction and powers shall be public records; except...
  • 24 - Publication of Department Bulletins, Publications and Reports.
    There may be published by the department from time to time bulletins or other publications and reports containing accurate data, statistics and information. 1. As...
  • 25 - Annual Reports.
    The commissioner may require all agricultural societies receiving money from the state to make reports to the department, and may prescribe the form of such
  • 26 - Transfer of Property and Records in Custody of Council of Agriculture and Markets.
    The property, records, books, papers and documents, if any, in the custody, possession or control of the council of agriculture and markets at the time...
  • 27 - Obtaining Title to Real Property by Purchase or Acquisition.
    1. The commissioner, when an appropriation therefor has been made by the legislature, may obtain title to any real property which he may deem necessary...

Last modified: February 3, 2019