Title AGM, Agriculture & Markets

§ 54. Regulations in regard to manufactories, plants or places where\nmilk or cream is brought or received. No person shall sell, supply or\nbring to any butter or cheese factory or to any plant or place which\nmanufactures a food product from milk or which ships or sells milk f…

§ 55. Skimmed milk, whey, buttermilk or milk container or plant\nequipment rinsings to be heated before being used for feeding. Any\nperson operating any butter factory, cheese factory or other milk plant,\nbefore delivering to any person any skimmed milk, whey, buttermilk or\nm…

§ 550. Application of provisions of other laws and of documents.\nWherever the terms department of agriculture, department of farms and\nmarkets, department of foods and markets, department of weights and\nmeasures, department of health, commissioner of agriculture,\ncommissione…

§ 551. Existing rules and regulations continued. The rules and\nregulations now in force and effect, pertaining to any matter within the\njurisdiction of the department, adopted in pursuance of any law, the\nduty of enforcing which is imposed upon the department as provided\nher…

§ 552. Pending actions or proceedings. This chapter shall not affect\npending actions or proceedings brought by or against the department of\nagriculture and markets or the department of farms and markets, the\ncommissioner of agriculture and markets or the commissioner of farms…

§ 553. Existing rights preserved. The provisions of this act, or the\nrepeal of any provisions of any statute thereby shall not effect or\nimpair any act done or right accrued or acquired, or any liability,\npenalty, forfeiture or punishment incurred or imposed or any limitation…

§ 554. Laws repealed. Chapter nine of the laws of nineteen hundred and\nnine, entitled "An act in relation to agriculture, constituting chapter\none of the consolidated laws,"; chapter eight hundred and two of the\nlaws of nineteen hundred and seventeen, entitled "An act in rela…

§ 555. When to take effect. This chapter shall take effect April\nfirst, nineteen hundred and twenty-two.\n

§ 56. Determination of the content of milk and/or cream where purchase\nor settlement therefor is made on the basis of such content. 1. The\ncommissioner shall, after public hearing, prescribe, by rules and\nregulations, the methods, equipment, and procedures, including the\ncal…

§ 56-a. Taking of composite sample; record of tests. Corporations,\nassociations or persons buying milk and/or cream from producers of milk\nand/or cream to be paid for on the basis of the percentage of a\ncomponent or components of such milk or cream and taking samples\ntherefr…

§ 56-b. Determination of bacteria in milk and/or cream where purchase\nor settlement is made therefor on the basis of bacterial count. In\nmilk-receiving or manufacturing plants and other places using methods\napproved by the commissioner for determining the bacterial count in m…

§ 57. Licensing of persons in charge of milk-gathering stations,\nmanufactories or plants; licensing of persons sampling milk and/or cream\nand/or determining weight or volume of milk and/or cream; and of persons\nmaking milk component tests. 1. No person shall take charge, eith…

§ 57-a. Licensing of persons making bacterial counts of milk and/or\ncream or making tests of milk and/or cream to detect certain\nabnormalities. No person shall test milk and/or cream in order to\ndetermine the bacterial or leucocyte count or make other tests to\ndetermine the …

§ 59. Powers of the department concerning oleomargarine. The\ndepartment through the commissioner shall have power and it shall be its\nduty to:\n 1. Investigate, inspect and supervise the sale and exposure for sale\nof oleomargarine for home consumption.\n 2. Investigate, inspe…

§ 6. Deputy commissioners. The commissioner may appoint and at\npleasure remove such deputies and other officers and assistants as he\nmay find necessary, and assign them the work which shall be under their\nrespective supervision, and fix their compensation within the amounts\n…

§ 61. Manufacture, sale, and use of oleomargarine. 1. Definitions.\nFor the purposes of this section, the following terms shall have the\nfollowing meanings:\n (a) "Person" means any person, firm, corporation, copartnership,\nassociation, co-operative corporation, or unincorpora…

§ 62. Coloring matter, dairy terms, size of package, labeling, false\nadvertising. No person, manufacturing with intent to sell, any substance\nor article to be used as a substitute for cheese and which is not made\nexclusively from unadulterated milk or cream or both, with or w…

§ 63. Labeling of imitation cheese; imitation cheese food and products\ncontaining imitation cheese. 1. Whenever the brand name or product\ndesignation of imitation cheese or imitation cheese food appears on a\npackage, the brand name or product designation, whichever is larger,…

§ 67. Manufacturers identification markings and grade brands for\ncheese. 1. Every manufacturer of cheddar type cheese made in New York\nstate shall put a stencil, brand, stamp or label upon such cheese\nindicating the variety of cheese as prescribed pursuant to rules and\nregul…

§ 67-b. Pasteurization of cheese. No person manufacturing cheese or\ncheese curd or handling cheese or cheese curd as a wholesaler, assembler\nor broker in the state of New York and no person obtaining cheese from\noutside the state shall release any cheese or cheese curd to the…

§ 68. Use of false brand prohibited. No person shall offer, sell or\nexpose for sale, in any package, butter or cheese which is falsely\nbranded or labeled.\n

§ 69. County trade marks. At a regular or special meeting of a county\ndairymen's association in any county of the state there may be adopted a\ncounty trade mark, by a majority of the members present and voting, to\nbe used as a trade mark by a person manufacturing pure unadult…

§ 7. Secretary. There shall be a secretary of the department to be\nappointed by the commissioner and who shall serve during the pleasure of\nthe commissioner.\n

§ 70. Branded cans, jars, bottles, cases, boxes or barrels not to be\nsold, remarked or used without consent of owner. No person shall\nhereafter without the consent of the owner use, sell, dispose of, buy or\ntraffic in any milk can, jar or bottle, or any cream can, jar or bott…

§ 71. Registration of mark; defacing mark; seizure. Any person owning\nmilk cans, jars, bottles, bottle cases or carton cases upon which he has\nplaced or desires to place any designating mark may register the said\ndesignating mark with the commissioner, who shall keep a record…

§ 71-a. Declaration of policy. 1. It is hereby declared that the dairy\nindustry is a paramount industry of the state and the production,\nprocessing, packaging, distribution and sale of frozen desserts is an\nimportant segment of the dairy industry and is of vast economic\nimpo…

§ 71-b. Application for license. 1. Every wholesale manufacturer of\nfrozen desserts produced for sale, and every person who sells, offers or\nexposes for sale, or has or possesses for sale other than exclusively at\nretail, any frozen dessert, shall, not later than the first da…

§ 71-c. License fees. (1) Wholesale. The biennial license fee for\neach plant which engages in the manufacture of frozen desserts for sale\nat wholesale, shall be determined on the basis of the biennial volume of\nfrozen desserts manufactured as shown in the application of the\n…

§ 71-d. Issuance of License. No license shall be granted unless the\ncommissioner is satisfied that the applicant is qualified by character\nand experience, and is equipped to conduct the proposed business\nproperly. Prior to the issuance of a license to manufacture frozen\ndess…

§ 71-e. Revocation or suspension of license. Any license may be\nrevoked by the commissioner, after notice to the licensee by mail or\notherwise and opportunity to be heard, when and if it appears that any\nstatement upon which it was issued was false or misleading, or that any\…

§ 71-f. Review. The action of the commissioner in refusing to grant a\nlicense, or in revoking or suspending a license, shall be subject to\nreview by a proceeding under article seventy-eight of the civil practice\nlaw and rules, but the decision of the commissioner shall be fin…

§ 71-g. Prohibitions. It shall be unlawful for any person to buy or\nsell any frozen desserts unless all the parties to such purchase or sale\nwho are required to be licensed under the provisions of this article be\nduly licensed in accordance therewith.\n The foregoing prohibit…

§ 71-h. Vehicles used for transportation of frozen desserts. All\nvehicles used for the transportation and distribution of frozen desserts\nshall be constructed of impervious material capable of being cleaned,\nshall be kept clean and sanitary, shall be so operated as to protect…

§ 71-i. Illegal use of equipment. (1) No person shall sell or offer\nor expose for sale frozen desserts in any container which is falsely\nlabeled as to the name of the manufacturer or place of manufacture, or\nin any other respect.\n (2) No person shall misrepresent in any mann…

§ 71-j. Samples of frozen desserts for analysis. A representative\nsample of frozen deserts for analysis shall consist of a quantity to be\ndetermined by the commissioner.\n

§ 71-k. Violations; remedies. The commissioner may institute such\naction at law or in equity as may appear necessary to enforce compliance\nwith any provisions of this article or of the rules and regulations\npromulgated thereunder, and, in addition to any other remedy under\na…

§ 71-l. Milk sanitation; powers, functions and duties of commissioner.\n1. The commissioner is charged with the duty of protecting and promoting\nthe health and welfare of the people of this state by inspecting,\nregulating, and supervising the sanitary quality of milk and cream…

§ 71-m. Milk sanitation; appointment of specialists; appliances. The\ncommissioner may, within the appropriations made therefor:\n (a) appoint such milk control specialists, bacteriologists, and such\nother employees and assistants as may be required, and\n (b) secure such equip…

§ 71-n. Milk and milk products; permit required. 1. (a) No person,\nfirm, association, partnership or corporation shall engage in or carry\non the business of shipping, transporting or importing into this state\nfrom any other state, territory or foreign country any milk or milk…

§ 71-o. Violations. Any person, firm, association or corporation\nviolating any of the provisions of section seventy-one-n of this chapter\nshall be guilty of a misdemeanor.\n

§ 71-u. Definitions. As used in this article:\n 1. The term "commissioner" means the commissioner of agriculture and\nmarkets of the state of New York.\n 2. The term "dairy product" means all milk and milk products defined\nby the definitions and standards of identity promulgate…

§ 71-v. Labeling requirements. 1. The commissioner shall, by\nregulation, require that packaged foreign dairy products be labeled in\nsuch a manner that, at each stage of distribution within this state,\nsuch packaged foreign dairy product will be readily identifiable as\nbeing …

§ 71-w. Prohibitions. No person shall distribute, or cause to be\ndistributed commercially any packaged foreign dairy product which he\nknows or has reason to know is a foreign dairy product, unless such\nproduct is labeled in accordance with the regulations promulgated\npursuan…

§ 71-x. Violations. 1. The commissioner may institute such action at\nlaw or in equity as may appear necessary to enforce compliance with any\nprovisions of this article and any rules and regulations promulgated by\nthe commissioner to carry out the provisions of this article an…

§ 71-y. Definitions. As used in this article: 1. "Perishable foods"\nmeans any food that may spoil or otherwise become unfit for human\nconsumption because of its nature, type or physical condition.\nPerishable food includes, but is not limited to, fresh or processed\nmeats, pou…

§ 71-z. Liability for canned, perishable food or farm products\ndistributed free of charge. 1. Notwithstanding any other provision of\nlaw, a good-faith donor of any canned or perishable food, farm product,\ngame or wild game, apparently fit for human consumption, to a bona fide…

§ 72. Control and suppression of disease. 1. The commissioner may\ncause investigations to be made as to the best method for the control,\nsuppression or eradication of infectious or communicable disease\naffecting domestic animals or carried by domestic animals and affecting\nh…

§ 72-a. Feeding of garbage, offal or carcasses to cattle, swine or\npoultry prohibited. 1. Garbage fed to cattle, swine or poultry\ncontributes to the spread of vesicular exanthema, cholera, erysipelas,\nfoot and mouth disease, trichinosis and other infectious animal\ndiseases. …

§ 73. Report of disease. Every person shall immediately report to the\ncommissioner the existence among animals of any infectious or\ncommunicable disease coming to his knowledge. Every report shall be in\nwriting and shall include a description of the diseased animal or\nanimal…

§ 73-a. Unlawful sale of tuberculous cattle. A person who knowingly\nsells, except under the supervision of the commissioner of agriculture\nand markets, any bovine animal in which tuberculosis shall have been\nindicated as a result of the tuberculin test, is guilty of a\nmisdem…