Title AGM, Agriculture & Markets

§ 18. Rules of department. Subject and in conformity to this chapter\nand the constitution and laws of the state, the commissioner may enact,\namend and repeal necessary rules which shall\n 1. Regulate and control the transaction of business by the department,\nprovide for the e…

§ 180. Municipal directors of weights and measures. 1. There shall be\na county director of weights and measures in each county, except where\n(a) a county is wholly embraced within a city there shall be a city\ndirector of weights and measures, or (b) where two or more counties…

§ 181. Powers and duties of municipal directors; prosecution for\nviolations; local fees. Each municipal director appointed pursuant to\nthe provisions of section one hundred eighty of this article, personally\nor through his authorized agents, shall:\n 1. Administer, supervise …

§ 182. Notification and use of weighing and measuring devices. No\nperson shall use, for the purpose of determining the weight, quantity or\nprice of any commodity sold, or offered or exposed for sale, any new,\nused or repaired weighing or measuring device or system, or accesso…

§ 183. Sealing of approved devices. 1. Whenever any weights and\nmeasures official inspects any weighing or measuring device or system\nand finds that it corresponds with, or causes it to correspond with, the\nstandards in his possession, and further finds that it meets the\nspe…

§ 184. Condemnation, seizure or repair of false devices. 1. Whenever\nany weights and measures official inspects any weighing or measuring\ndevice or system and finds that it does not correspond with the\nstandards in his possession or does not meet the specifications,\ntoleranc…

§ 185. Stop-use, stop-removal and removal orders. 1. Any weights and\nmeasures official shall have the power to issue stop-use orders,\nstop-removal orders and removal orders with respect to weights,\nmeasures, and weighing and measuring devices and systems, being or\nsusceptibl…

§ 186. Possession and use of false devices; responsibility. 1. No\nperson shall retain in his possession any weight, measure or weighing\nand measuring device or system, knowing it to be false, with intent to\nuse it or permit to be used for determining the quantity of any\ncomm…

§ 187. Oscillation of weighing devices. No person selling, or offering\nfor sale a commodity by net weight shall quote or state the net weight\nor the total selling price of such commodity unless the weight indicator\nof the weighing device on which it is being weighed is at res…

§ 188. Service charge based on quantity. No person shall impose a\nservice charge which is based upon quantity in excess of the actual\nquantity of any commodity or article serviced. Nothing in this\nprovision, however, shall prohibit the person or persons rendering the\nservice…

§ 189. Method of sale of commodities generally. All commodities, the\nmethod of sale of which is not prescribed by this chapter, shall be\nsold, or offered or exposed for sale by net weight, standard measure or\nnumerical count pursuant to regulations promulgated by the commissi…

§ 19. Publication of rules. Every rule or regulation enacted by the\ncommissioner pursuant to the provisions of this chapter and intended to\nhave the force of law shall be promptly published once in the New York\nstate bulletin, published by the department of state pursuant to …

§ 190. Method of sale of food and food products. 1. Definition of\n"food" and "food product." The terms "food" and "food product," as used\nin this section, shall include all material, solid, liquid or mixed,\nwhether simple or compound, used or intended for consumption by human…

§ 190-a. Home food service plan sales. 1. Definitions. As used in this\nsection, unless the context otherwise requires, the following words and\nphrases shall have the following meanings:\n a. "Home food service plan" means any offering for sale to a household\nconsumer of meat …

§ 190-b. Sale of meat in bulk or on a gross or hanging weight basis.\n1. Definitions. As used in this section, unless the context otherwise\nrequires, the following words and phrases shall have the following\nmeanings:\n a. "Primal source" means the following cuts: (i) for beef,…

§ 191. Standardized packaging. 1. For the purposes of this section:\n a. "Food store" shall mean a store selling primarily food at retail,\nwhich store is not primarily engaged in the sale of food for consumption\non the premises.\n b. "Consumer commodities" shall mean:\n (1) fo…

§ 192. Sale and delivery of petroleum products. 1. No device shall be\nused for the purpose of dispensing and measuring petroleum products\nunless the owner of such device has complied with section one hundred\neighty-two of this article.\n 2. a. Devices equipped with automatic …

§ 192-a. Fuel octane labelling requirements. 1. Automotive fuel\nratings, certification and posting for automotive gasoline. No person\nshall distribute, sell, or offer for sale any automotive gasoline unless\nit meets such rating, certification and posting requirements as may b…

§ 192-b. Fuel lead content labelling and requirements. 1. For purposes\nof this section, the following terms shall have the following meanings:\n (a) "Distributor" shall mean any person who transports or stores or\ncauses the transportation or storage of gasoline at any point be…

§ 192-c. Motor fuel standards and labelling; grade of diesel fuel;\nalcohol content. 1. As used in this section, the following terms shall\nhave the following meanings:\n a. "Co-solvent" means an alcohol with a higher molecular weight than\nmethanol which is blended with methano…

§ 192-e. Sale and delivery of liquefied petroleum gas. 1. Definition.\nFor the purpose of this section "liquefied petroleum gas" shall mean any\nmaterial or substance which is predominantly composed of any of the\nfollowing hydrocarbons or mixtures of the same: propane, propylen…

§ 192-f. Bulk sales or transportation; coal and coke. 1. This section\nshall apply to the bulk sale or transportation of coal, coke, feed for\ndomestic animals, fertilizer, lime and household goods, and any other\ncommodity or article sold or transported by weight as the commiss…

§ 192-g. Methyl tertiary butyl ether; prohibited. 1. For the purposes\nof this section, "gasoline" shall mean any fuel sold for use in motor\nvehicles and motor vehicle engines, and commonly or commercially known\nor sold as gasoline.\n 2. No person shall import into, or sell, d…

§ 192-h. Alternate generated power source at retail gasoline outlets.\n1. Definitions. When used in this section:\n (a) "Alternate generated power source" means electric generating\nequipment that is of a capacity that is capable of providing adequate\nelectricity to operate all…

§ 193. Fair packaging and labeling of containers. When commodities are\nsold, or offered or exposed for sale in containers, the net quantity of\nthe contents shall be plainly and conspicuously marked, branded or\notherwise indicated, on a label or tag attached thereto, in terms …

§ 194. False labels. 1. No individual, partnership, corporation,\nassociation or firm shall put upon any commodity sold, offered or\nexposed for sale or upon any container, package, ticket or label used in\nrelation to such commodity, or with which such an article is intended to…

§ 195. Licensing of weighmasters; duties. 1. No person shall act as a\nweighmaster, issue or sign any weight tickets, or carry out any\nfunctions of a weighmaster unless licensed pursuant to this section.\n 2. Upon application, a weighmaster's license may be issued by the\ncommi…

§ 195-a. Weight tickets issued in other states. Whenever in any state\nrequiring weighing licenses or weight tickets, the administrative\nofficer in charge thereof is authorized by statute to recognize and\naccept weighing licenses and weight tickets of this state, the\ncommissi…

§ 196. Statewide uniformity. 1. Notwithstanding the provisions of any\nother general, special or local law, the commissioner may, in order to\nsecure uniform regulation of weights and measures throughout the state,\nreverse, modify or annul in whole or in part any rule, regulati…

§ 197. Construction of contracts. All contracts made within the state\nfor work to be done, or for the sale and delivery of personal property\nby weight or measure shall be construed according to the standards of\nweights and measures adopted in this article and rules and regula…

§ 197-a. Weights and measures fees. Notwithstanding any other\nprovision of law to the contrary, the commissioner is hereby authorized\nand directed to deposit all money received in payment of fees under this\narticle in an account within the miscellaneous special revenue fund.\…

§ 197-b. Retail pricing accuracy. 1. Definitions. a. "Retail store"\nshall mean a store that sells stock-keeping units directly to consumers\nand charges or is liable for the collection of sales tax. For the\npurposes of this section the term "retail store" shall include those\n…

§ 198. Definitions. 1. The terms "food" and "food product" shall\ninclude all articles of food, drink, confectionery or condiment, whether\nsimple, mixed or compound, used or intended for use by men or animals,\nand shall also include all substances or ingredients to be added to…

§ 199. Application of article. 1. The provisions of this article\nregarding the selling of food shall be considered to include the\nmanufacture, production, processing, packing, transportation, exposure,\noffer, possession, and holding of any such article for sale; the sale,\ndi…

§ 199-a. Prohibition as to adulterated or misbranded food. 1. No\nperson or persons, firm, association or corporation shall within this\nstate manufacture, compound, brew, distill, produce, process, pack,\ntransport, possess, sell, offer or expose for sale, or serve in any\nhote…

§ 199-b. Powers and duties of commissioner respecting food additives\nand color additives. 1. The commissioner shall maintain currently an\nexemption list which shall contain the food additives and color\nadditives which in his judgment are safe for human consumption and need\nn…

§ 199-c. Disposing of tainted food. A person who with intent that the\nsame be used as food, drink, or medicine, sells, or offers or exposes\nfor sale, any article whatever which, to his knowledge, is tainted or\nspoiled, or for any cause unfit to be used as such food, drink or\…

§ 199-d. Prohibition as to sulfites. 1. For the purposes of this\nsection, the terms:\n a. "Sulfiting agent" means potassium bisulfite, potassium\nmetabisulfite, sodium bisulfite, sodium metabisulfite, sodium sulfite\nand sulfur dioxide.\n b. "Distributor" means a person, firm, …

* § 199-e. Prohibition as to sale of irradiated foods. 1. Definitions.\nAs used in this section, the following definitions shall apply:\n (a) "Food" means fruits, vegetables, meats, poultry, eggs, dairy\nproducts and other natural and processed products offered for sale for\nhum…

§ 199-f. Food allergies and intolerances notice in food service\nestablishments. 1. Definitions. For the purposes of this section:\n (a) "Menu" shall mean a list or pictorial display of a prepared food\nitem or items available for sale for the purpose of permitting a\ncustomer t…

* § 199-g. Allergen labeling for prepackaged foods. 1. As used in this\nsection, the following terms shall have the following meanings:\n (a) "Prepackaged food" means food that is prepared, prepacked, and\noffered or sold to customers on the same premises. Prepackaged food does\…

§ 2. Definitions. When used in this chapter, unless otherwise\nexpressly stated, or unless the context or subject matter otherwise\nrequires:\n 1. "Department" means the state department of agriculture and markets;\n 2. "Commissioner" means the commissioner of agriculture and ma…

§ 20. Access to place of business. The commissioner, each deputy\ncommissioner and the directors, counsel, experts, chemists, agents and\nother officers and employees of the department shall have full access to\nall places of business, factories, farms, buildings, carriages, car…

§ 20-a. Search warrant in aid of the commissioner of agriculture. A\nsearch warrant, in the name of the people, directed to a police officer\ncommanding him to search for dairy products, imitations thereof and\nsubstitutes therefor, to open any place of business, factory, buildi…

§ 200. Adulteration of food. Food shall be deemed to be adulterated:\n1. If it bears or contains any poisonous or deleterious substance which\nmay render it injurious to health; but in case the substance is not an\nadded substance such food shall not be considered adulterated un…

§ 201. Misbranding of food. Food shall be deemed to be misbranded: 1.\nIf its labeling is false or misleading in any particular.\n 2. If it is offered for sale under the name of another article.\n 3. If it is an imitation of another food, unless its label bears the\nword "imitat…

§ 201-a. Kosher food and food products; packaging. 1. All food and\nfood products packaged in any container and sold or offered for sale as\n"kosher" or "kosher for passover" shall have a "kosher" or "kosher for\npassover" label affixed by the manufacturer or packer at its premi…

§ 201-b. Retail sale of kosher food or food products. 1. Any person\nwho sells or offers for sale in the same place of business meat, meat\npreparations, meat by-products, poultry or other food or food products\nthat are represented as both kosher and non-kosher shall indicate i…

§ 201-c. Persons certifying as kosher; filing with department. 1. Any\nperson who certifies any non-prepackaged meat, meat preparations, meat\nby-products or poultry as kosher or kosher for Passover, and any person\nwho certifies any non-prepackaged food or food products as kosh…

§ 201-d. Notice of violation. In any case where the department, after\nconsultation between the division responsible for kosher law enforcement\nand counsel, determines a violation has occurred of any of the\nprovisions of section two hundred one-a, two hundred one-b, or two\nhu…