ยง 71-d. Issuance of License. No license shall be granted unless the
commissioner is satisfied that the applicant is qualified by character
and experience, and is equipped to conduct the proposed business
properly. Prior to the issuance of a license to manufacture frozen
desserts, to satisfy himself that the applicant is equipped to conduct
the proposed business properly, as required in this section, and at any
other time when, in his discretion, he shall deem such action necessary,
the commissioner may inspect the plant and equipment of the applicant.
The commissioner may enter into and effectuate reciprocal agreements
with other states, covering regulation and inspection of frozen dessert
plants, as will insure inhabitants of this state frozen desserts
substantially complying with the requirements herein enacted or
promulgated in rules and regulations hereunder and as part of such
agreements may approve or accept inspections and regulation of other
states covering frozen desserts plants. The commissioner may inspect a
plant beyond the boundary of the state, and when he does, the applicant
shall, prior to such inspection, pay by certified check, bank check,
domestic or international money order in funds of the United States, in
addition to the license fee set forth in section seventy-one-c of this
article, fees for inspection of the plant by the department. Such fees
shall include expenses for all time during which an employee of the
department spends traveling to and from and inspecting the plant. In
addition, the applicant shall pay all necessary and reasonable expenses
incurred in making such inspection, including, but not limited to,
expenses for traveling, lodging and meals and the inspector's salary,
including fringe benefits, and overtime if applicable. The commissioner,
if satisfied with the qualifications of the applicant as stated in this
section and if satisfied that the equipment, the vehicles used for
transporting frozen desserts and the premises named in the application
and used by the applicant for the manufacture, storage or sale of frozen
desserts are maintained in accordance with the standards of sanitation
prescribed in the rules and regulations promulgated under the authority
of this article, shall issue a license for the handling of frozen
desserts. No license shall be issued if any statement in the application
is false or misleading, or if the brand name or any label or
advertisement of the frozen dessert involved in the application gives a
false indication of origin, character, composition or place of
manufacture, or is otherwise false or misleading in any particular.