Section 20-698
§ 20-698 Definitions. Whenever used in this subchapter:
a. "Endangered or threatened species" shall mean any fish or wildlife
family, genus, species, subspecies or population that is designated by
or pursuant to New York law as endangered or threatened.
b. "Fish or wildlife" shall mean any member of the animal kingdom,
including without limitation any mammal, fish, bird, amphibian, reptile,
mollusk, crustacean, arthropod or other invertebrate, and includes any
part, product, egg, or offspring thereof, or the dead body or parts
thereof.
c. "Population" shall mean a group of fish or wildlife of the same
species or subspecies inhabiting a defined geographical area.
Section 20-699
§ 20-699 Prohibition. a. Except with a federal or state permit or
license or under any exception under federal or state law, it shall be
unlawful to buy or sell, offer or attempt to buy or sell, or cause any
person to buy or sell:
(1) any product, item, or substance described in an offer for sale,
labeled, or advertised as derived from any endangered or threatened
species, or described in an offer for sale, labeled, or advertised as
containing any substance derived from any endangered or threatened
species; or
(2) any product, item, or substance that is intended for human
consumption or application and is described in an offer for sale,
labeled, or advertised as derived from any species of rhinoceros or
tiger, or described in an offer for sale, labeled, or advertised as
containing any substance derived from any species of rhinoceros or
tiger; or
(3) any species described in an offer for sale, labeled, or advertised
as any endangered or threatened species.
b. It shall be unlawful to include false or misleading information in
any offer for sale, label, or advertisement for any endangered or
threatened species or any product, item, or substance derived from or
containing any substance derived from any endangered or threatened
species. For the purposes of this subchapter, any omission of or failure
to state a material fact shall be considered inclusion of false or
misleading information.
c. The prohibitions of this subchapter shall apply to any offer for
sale, label or advertisement that refers to any endangered or threatened
species by its common name or by its scientific name.
Section 20-699.1
§ 20-699.1 Publication of endangered and threatened species list. No
later than April 1, 2005, and at least annually thereafter, the
commissioner shall publish a list using the department's website for the
purpose of ensuring compliance by merchants with the provisions of this
subchapter. Such list shall include guidance regarding the
identification of any fish or wildlife family, genus, species,
subspecies or population designated by or pursuant to New York law as
endangered or threatened and shall also separately specify whether all
populations of any family or genus so identified are designated as
endangered or threatened by or pursuant to New York law. Such list shall
be published in English and Chinese.
Section 20-699.2
§ 20-699.2 Penalties. Any person that violates any provision of
section 20-699 after October 1, 2005 shall be subject to a civil penalty
of not more than five hundred dollars for the first violation and each
additional violation occurring on the same day as the first violation,
and not less than five hundred dollars nor more than one thousand five
hundred dollars for each subsequent violation occurring within a period
of twenty-four months.
Section 20-699.3
§ 20-699.3 Seizure and forfeiture. Any product, item, substance, or
species bought or sold, or attempted to be bought or sold, after October
1, 2005 in violation of section 20-699 or any regulation issued pursuant
to this subchapter shall be subject to forfeiture upon notice and
judicial determination.
Section 20-699.4
§ 20-699.4 Rules. The commissioner shall have the authority to
promulgate such rules and regulations as the commissioner shall deem
necessary to implement the provisions of this subchapter.
Section 20-699.5
§ 20-699.5 Enforcement. The commissioner and the members of the police
department shall have the authority to enforce this subchapter.
Section 20-699.6
§ 20-699.6 Hearing authority. Notwithstanding any other provision of
law, the department shall be authorized, after October 1, 2005, upon due
notice and hearing, to impose civil penalties for the violation of any
provision of this subchapter. The department shall have the power to
render decisions and orders and to impose civil penalties not to exceed
the amounts specified in section 20-699.2 of this subchapter for each
such violation. All proceedings authorized pursuant to this subdivision
shall be conducted in accordance with rules promulgated by the
commissioner. The remedies and penalties provided for in this
subdivision shall be in addition to any other remedies or penalties
provided for the enforcement of such provisions under any other law
including, but not limited to, civil or criminal actions or proceedings.
(2) All such proceedings shall be commenced by the service of a notice
of violation returnable to the administrative tribunal of the
department. The commissioner shall prescribe the form and wording of
notices of violation. The notice of violation or copy thereof when
filled in and served shall constitute notice of the violation charged,
and, if sworn to or affirmed, shall be prima facie evidence of the facts
contained therein. In addition to serving the notice on the person being
charged, where written authorization is filed with the department, the
department shall deliver by first class mail a copy of the notice to the
corporate headquarters or wholesale supplier of such person.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.