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What is NYC AC § 17-323?

Quick Answer

This section outlines the procedures for the seizure and destruction of perishable food items that cannot be retained without becoming unwholesome. The commissioner is authorized to order the destruction of such items and must provide written notice to the food vendor within twenty-four hours. Applies to food vendors involved in the sale of perishable items.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-323 Seizure of perishable food.

AC § 17-323

In the event that a seizure made pursuant to this subchapter shall include any perishable item of food which cannot be retained in custody without such item becoming unwholesome, putrid, decomposed or unfit in any way, the commissioner may order such item destroyed or otherwise disposed of provided, however, that written notice of such destruction or other disposition setting forth an itemized description of the property, the reason for its destruction or other disposition, and the date when it was destroyed or otherwise disposed of be mailed to the food vendor from whom it was seized within twenty-four hours after such disposition. A copy of such notice shall be kept on file by the department for a period of one year.

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