ยง 142-ee. License. Each certificate filed pursuant to section one
hundred forty-two-dd of this article shall be accompanied by an
application, upon forms supplied by the commissioner, for a license to
supply such material under the brand name specified therein, and there
shall be transmitted therewith a copy of the label and of the statement
proposed to accompany such material in compliance with section one
hundred forty-two-cc of this article. Such application shall incorporate
by reference the data contained in the accompanying certificate for the
brand for which the license is sought. Upon compliance with the
provisions of this article, the applicant shall be issued a license for
the supplying of such qualifying brand of agricultural liming material,
which license shall expire on the thirty-first day of December of the
next even numbered year following the year in which it is issued, but no
such license shall be issued for the supplying of any such material
which does not meet the minimum standards herein provided for, nor for
the supplying thereof under a brand descriptive designation or with a
label or accompanying statement which is or tends to be misleading or
deceptive as to quality, analysis or composition. Application for a
renewal of the license for a period of two years shall be made
biennially, upon a form prescribed by the commissioner and submitted no
later than thirty days prior to the expiration of the existing license.
Any such license so issued may be revoked by the commissioner, after
notice to the licensee by mail or otherwise and opportunity to be heard,
when it appears that any statement or representation upon which it is
issued is false or misleading. The action of the commissioner in
refusing to grant a license, or in revoking a license, shall be subject
to review by a proceeding under article seventy-eight of the civil
practice law and rules, but the decision of the commissioner shall be
final unless within thirty days from the date of the order embodying
such action such proceeding to review has been instituted.
Whenever a manufacturer, producer or distributor shall have been
licensed to supply a particular brand of material hereunder, no agent,
seller or retailer of such brand shall be required to file a certificate
or obtain a license for such brand during a period for which such
license is in effect, nor upon such goods which were acquired during a
period for which a license was in effect and remaining undistributed in
subsequent years.