State v. Dairylea Cooperative, Inc.

This penalty action was brought pursuant to subdivision 1 of section 44 of the Agriculture and Markets Law, which provides that "Whenever the commissioner shall know or have reason to believe that any penalty has been incurred by any person for a violation of any * * * law the enforcement of which is within the jurisdiction of the department, or of the rules of the department * * * the commissioner may report the facts to the attorney general who may cause an action or proceeding to be brought * * * for the recovery of the same” (emphasis supplied). Paragraph fourth of the complaint properly…