New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter VIII - Administration
Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York
Section 360.12 - Confidential records not subject to subpoena

Universal Citation: 1 NY Comp Codes Rules and Regs ยง 360.12

Current through Register Vol. 46, No. 39, September 25, 2024

The following proceedings, documents, papers, and records filed or deposited with the department are received and accepted as being of a confidential nature and when so received and accepted shall not be subject to subpoena:

(a) All information regarding the financial standing or responsibility of an applicant for a license, permit or registration of any kind issued pursuant to the Agriculture and Markets Law, and all information regarding the financial standing or responsibility of any person holding a license, permit or registration of any kind issued by the department, except; however, that such information shall not be considered as of a confidential nature when needed by the commissioner:

(1) to consider an application for a license, permit or registration;

(2) to use in a departmental administrative hearing relating to the financial standing or responsibility of a person who has applied for or to whom a license, permit or registration has been issued;

(3) To consider the financial standing or responsibility of a person when it is an issue on the granting, suspending conditioning, limiting or revoking of a license, permit or registration; or

(4) with respect to milk dealer financial statements, the commissioner may, in his sole discretion, make available to insurers financial statements, or portions thereof, as are necessary of milk dealers participating in the milk producer security fund in order to obtain insurance coverage for the milk producers security fund.

(b) All information, documents, papers and records filed or deposited, and information obtained by audit or examination of records, or by inspection of plants by the commissioner relating to ingredients, formulae or manufacturing processes of food for which no specific definition, standardization or manufacturing process is prescribed by statute or regulation, except; however, that such information shall not be considered as of a confidential nature when needed by the commissioner for use in a departmental administrative hearing or in the trial of a civil action for alleged violations of the Agriculture and Markets Law against the person from whom the information was obtained.

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