N.Y. General Business Law 504 – Enforcement
§ 504. Enforcement. 1. Every place where products, fabrics or related materials are manufactured or sold shall be subject to inspection by the commissioner who shall have power to inspect the manufacture and sale or delivery of all products, fabrics or related materials covered by this article. The commissioner shall have power to cause examinations and tests to be made thereof and power to place off sale and to seize and hold for evidence any product, fabric or related material which he has reason to believe is made or sold or held in possession in violation of this article. For the purpose of administering and enforcing the provisions of this article the commissioner shall have and may use the powers conferred on him by the labor law in addition to the powers conferred herein. No person shall interfere with, obstruct or otherwise hinder any inspector, officer or employee of the department in the performance of his duties.
Terms Used In N.Y. General Business Law 504
- Commissioner: means the "industrial commissioner" of the state of New York. See N.Y. General Business Law 500
- Department: means the department of labor. See N.Y. General Business Law 500
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fabric: means any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any natural or synthetic fiber, film, or substitute therefor which is intended for use or which may reasonably be expected to be used in any product as defined in subdivision six of this section. See N.Y. General Business Law 500
- Manufacture: means "making" or "made" and includes converting, processing, altering, repairing, finishing, or preparing for sale any product, fabric or related material. See N.Y. General Business Law 500
- Person: means an individual, partnership, corporation, association, or any other form of business enterprise. See N.Y. General Business Law 500
- Product: means any article of wearing apparel, interior furnishing, sleeping bag, or portable temporary shelter. See N.Y. General Business Law 500
- Related material: means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in subdivision six of this section. See N.Y. General Business Law 500
- sold: includes offering or exposing for sale or exchange or hire or lease, or consigning or delivering in consignment for sale, exchange, hire or lease or holding in possession with like intent. See N.Y. General Business Law 500
2. No person shall sell, alter, interfere with or remove in whole or in part any product, fabric or related material which has been placed off sale nor shall such product, fabric or related material be removed from the premises where placed off sale or seized until such product, fabric or related material is released by the commissioner. All products, fabrics or related materials placed off sale or seized shall be subject to frequent examination by inspectors of the department and must be so placed and stored as to be readily accessible at all times and shall be produced for examination upon demand of any inspector made upon the person or persons in charge of the establishment or premises where such products, fabrics or related materials were placed off sale or were seized.
3. Whenever the department ascertains that any product, fabric or related material has been manufactured or has been offered for sale in violation of the provisions of this article, proceedings for the confiscation of such product, fabric or related material may be instituted by the commissioner in the supreme court in the county wherein such product, fabric or related material may be found.
4. If the court shall find that such product, fabric or related material does not comply with the standards established by this article and the rules and regulations promulgated hereunder it shall be disposed of by destruction or by delivery to the owner or claimant thereof upon payment of legal costs and charges and upon execution of good and sufficient bond that such product, fabric or related material will not be disposed of for wear or use until properly and adequately treated or processed so that it shall comply with the provisions of this article and the rules and regulations promulgated pursuant to this article.