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What is NYC AC § 22-257?

Quick Answer

This section establishes liability for violations committed by officers, employees, or agents of wholesale or market businesses registered with the commissioner. It outlines that an employee may use an affirmative defense if acting within the scope of employment and following instructions. Applies to wholesale business and market business owners.

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

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§ 22-257 Liability for violations.

AC § 22-257

a. A wholesale business or market business required by this chapter to be registered with the commissioner shall be liable for a violation committed by any of its officers, employees and/or agents acting within the scope of their employment of any of the provisions of this chapter or any rules promulgated pursuant thereto. b. In any civil action or administrative proceeding against an employee of a wholesale business or market business for a violation of this chapter or any rules promulgated pursuant thereto, it shall be an affirmative defense that the employee was acting within the scope of his or her employment when the action or actions constituting the alleged violation were committed and that such action or actions were committed pursuant to an instruction given to such employee by such wholesale business or market business or by any principal, officer or agent of such business, provided, however, that this subdivision shall not be applicable to a violation of section 22-252 or section 22-262 of this chapter and any rules promulgated pursuant thereto. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.

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