§ 135-d. Enforcement. 1. The commissioner may institute such action at\nlaw or in equity as may appear necessary to enforce compliance with any\nprovision of this article and the rules and regulations adopted and\npromulgated hereunder and, in addition to any other remedy under article\nthree of this chapter or otherwise, may apply for relief by injunction\nif necessary to protect the public interest without being compelled to\nallege or prove that an adequate remedy at law does not exist. Such\napplication may be made to the supreme court in any county pursuant to\nthe civil practice law and rules or to the supreme court in any county\nof the third judicial district.\n 2. Whenever the commissioner or his agent is authorized or directed\nhereunder to render any feed unfit for use as commercial feed or seize\nand destroy any commercial feed, the destruction and disposition of such\ncommercial feed, as well as any necessary storage, handling or other\nincidentals, shall be the responsibility, both financially and\notherwise, of the owner of the same or other person having custody or\npossession of such feed; provided, however, that such destruction or\ndisposition shall be carried out only under the direction and\nsupervision of the commissioner or his authorized agent. Nothing in this\nsubdivision shall be construed as preventing the commissioner or his\nauthorized agent from destroying or disposing of commercial feed found\nto be unfit or unsafe for use as commercial feed where such action is\nnecessary for the protection of public health.\n
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