Search Results

WHOLESALE The making of sales to the retail trade for purposes of resale, and shall include sales to hotels, food dispensers, clubs and institutions, and shall also include the making of sales of fruits or vegetables to wholesale food establishments for purposes of resale.

[Amended 12-9-2003, effective 12-19-2003] No person shall engage in the business of an itinerant wholesale dealer in fruits or vegetables without first having obtained a license therefor from the Commissioner of Permit and Inspection Services as provided by this article.

[Amended 12-9-2003, effective 12-19-2003] An application for a license as an itinerant wholesale dealer in fruits or vegetables shall be made in writing to the Commissioner of Permit and Inspection Services in conformity with the general requirements of this article. The application shall state the name and address of the applicant, the character of the vehicle to be used, including the size of the same, kind, etc., and shall contain such further information as may be required by the Commissioner of Permit and Inspection Services in order to inform him fully as to the nature of the business of the applicant, the equipment and facilities to be used.

The annual license fee for the license required by this article shall be as provided in Chapter 175, Fees.

All licenses issued under this article shall expire on December 31 of each year following the date of issuance and shall not be transferable.

[Amended 12-9-2003, effective 12-19-2003] Every itinerant wholesale dealer in fruits or vegetables shall obtain from the Commissioner of Permit and Inspection Services, at the time his license is issued, two metal plates or other suitable emblems for each vehicle to be used by him in or about his business. Such plates or emblems shall have stamped or marked thereon the words "Buffalo Itinerant Wholesale Dealer in Fruits or Vegetables." No such licensed vehicle shall be used for the purposes herein mentioned unless there is displayed thereon at all times said two plates affixed to the right- and left-hand sides respectively of such vehicle under the driver's seat in a conspicuous manner so that the same may be easily seen.

A. All vehicles used by itinerant wholesale dealers in fruits or vegetables for the exhibition and carrying or transportation of such merchandise shall be so constructed that the portion of the same which contains the merchandise herein specified shall be covered in such manner that no dust or dirt will settle on such merchandise. Such vehicles and all other equipment and facilities shall be kept in a clean and sanitary condition and shall be protected from dust, flies, rodents and other means of contamination. The operators of such vehicles shall observe all the sanitary requirements herein prescribed and any regulations of the Department of Health of Erie County now or hereafter in effect. The sanitary requirements herein prescribed shall also extend ...

It shall be unlawful for any itinerant wholesale dealer in fruits or vegetables to sell or to have in his possession with the intention of selling or offering for sale any of the merchandise mentioned in this article which is unclean, unwholesome, tainted, putrid, decayed, poisoned or in any manner rendered unsafe or unwholesome for human consumption. Such merchandise shall be deemed unwholesome for human food if the same has been contaminated by flies or other insects, vermin, dust, dirt or other foreign contamination or if said merchandise contains any poisonous or deleterious or injurious ingredients in kind and quantities so as to render such merchandise injurious or detrimental to health.

This article shall not apply to and no license shall be required from any farmer or producer of fruits or vegetables raised within the State of New York.

[HISTORY. Derived from Art. XIV of Ch. XXV of the Charter and Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.] GENERAL REFERENCES Building construction and demolition; fire prevention — See Ch. 103. Enforcement — See Ch. 137. Hazardous materials and wastes — See Ch. 235. Property maintenance — See Ch. 341. Rat control — See Ch. 356. Sanitation — See Ch. 378.

As used in this chapter, the following terms shall have the meanings indicated:

FUMIGANT Includes any substance or combination of substances which emits or liberates a gas, fumes or vapors, which gas, fumes or vapors, when liberated or used for the destruction or control of insects, vermin, germs, rodents or other pests, is lethal, poisonous, noxious or dangerous to human life.

No person, firm or corporation shall hereafter engage or continue in the business of pest control within the City by means of generating, releasing or spraying poisonous or dangerous fumes, gases or vapors, such as hydrocyanic acid, cyanogen, salts of cyanides, methyl bromide, carbon dioxide, carbon bisulfide, carbon tetrachloride, chloropicrin, ethylene dichloride, ethylene oxide, methyl formate or other poisonous substances or mixtures of these compounds, in a building or part thereof or in a closed space, vessel or structure within the City for the purpose of fumigating the same or exterminating insects, vermin, rodents or other pests without first obtaining a license therefor from the Director of Licenses and Permits. Such license shall be issued onl...

A permit may be issued by the Department of Inspections and Licenses to a person, firm or corporation definitely not engaged in the business of fumigation within the City, as the same is commonly conducted, such as flour mills, cereal mills, greenhouses or horticultural establishments, provided that such person, firm or corporation has formulated a plan, approved by the Commissioner of Fire, for the instruction of the employees of such person, firm or corporation in the use of fumigants in buildings or plants owned or operated by such person, firm or corporation within the City. Such permit shall authorize the holder, without the issuance of a further license, to perform and engage in fumigation and pest control by the use of poisonous materials and subs...

Nothing in this chapter shall be construed to apply to fumigation or extermination outside of buildings in the interests of insect or wildlife control by members of the United States Public Health Service, Armed Forces or Fish and Wildlife Service, New York State Department of Health or the County Department of Health.

The Commissioner of Inspections and Licenses may appoint an Advisory Committee on Pest Control, to consist of five (5) members, one (1) of whom shall be a member of the Department of Fire; one (1), a member of the Department of Inspections and Licenses, both of whom shall serve ex officio; one (1), a member of the County Department of Health; and two (2) representatives of the pest control industry, all of whom shall serve without compensation for such service.

The duties of the Committee on Pest Control shall be as follows: A. The Committee shall make recommendations to the Commissioners of Inspections and Licenses and Fire for the issuance of licenses hereunder and may make recommendations to the Commissioner of Fire concerning useless or dangerous fumigations or exterminations. It shall also assist the Commissioner of Fire in the giving of oral and written examinations to applicants for licenses to engage in the business of pest control within the City and in determining whether an individual, a member of a firm or officer, agent or employee of a corporation is qualified by scientific training and experience to conduct the essential operations of pest control. B. The Committee may recommend that a prefumig...

Applications for the various types of licenses herein described shall be made to the Director of Licenses and Permits upon forms prescribed by him and approved by the Committee on Pest Control. No license shall be issued until the application therefor has been approved by the Commissioner of Fire and the Department of Inspections and Licenses and the applicant has qualified by examination as provided in § 203-6 of this chapter.

A. There shall be four (4) types of licenses for pest control purposes issued by the Director of Licenses and Permits, to be known, respectively, as "Type A, Type B, Type C and Type D licenses." (1) A Type A license, when issued, authorizes the holder, as fumigator exterminator, to perform and engage in the practice and business of pest control using poisonous fumes, gases and vapors, as well as other poisonous materials and substances. The fee for such license shall be as provided in Chapter 175, Fees. (2) A Type B license, when issued, authorizes the holder, as exterminator only, to perform and engage in the practice and business of pest control by means other than by using, generating or releasing lethal or poisonous fumes, gases or vapors. The fee...

In the case of a firm or corporation desiring a license to engage in the business and practice of pest control as herein defined, an officer, an authorized representative of or an agent officially designated by such firm or corporation to conduct its business of fumigation and extermination shall be subject to examination and all applicable provisions of this chapter and the rules and regulations of the Department of Health relating thereto.