N.Y. AGM Law § 71-A — New York Code / Act AGM / Article 4-A / Section 71-A
Declaration of policy
Status: in_force

§ 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\nimportance to the state and of vital importance to the consuming public\nof the state, and which should be encouraged and promoted in the public\ninterest. It is further declared to be in the interest of the dairy\nindustry and of the consuming public that there be uniformity of\nstandards for frozen desserts as between the various states and the\nfederal government to the end that there may be free movement of frozen\ndesserts between the states and to the end that the inefficiency,\nneedless expense, and confusion caused by differences in products sold\nunder the same name, and differences in labeling of identical products\nmay be eliminated. Regulations pertaining to sanitary requirements,\nproduction, processing, all labeling requirements, and distribution of\nfrozen desserts products which are uniform and uniformily enforced are\nessential for the protection of consumers and the economic well being of\nthe dairy industry. It is further declared that advances in food\ntechnology have resulted in the development of products similar to\nfrozen desserts, including such products having a lower butterfat\ncontent and products made with oils or fats other than butterfat and\nwith solids not fat from sources other than dairy products and that such\nproducts are recognized as wholesome and nutritious articles of food;\nthat such products are similar in appearance, odor or taste and are\ndifficult to differentiate from frozen desserts made with dairy\nproducts. It is further declared to be the purpose of this article to\npromote honesty and fair dealing in the interest of consumers, to insure\nfair competition as between the manufacturers and distributors of the\ndifferent products and to prevent confusion and deception in the sale of\nall such products by establishing definitions and standards of identity\nfor such products, to eliminate needless duplication of inspection and\nconflicting and diverse requirements by various agencies, and by\nproviding for rules and regulations which will effect their orderly\nmarketing and insure uniform sanitary standards and enforcement.\n  2. For the purpose of this article and for any rules and regulations\npromulgated pursuant thereto, the term "frozen desserts" shall be deemed\nto include ice cream, frozen custard, French ice cream, French custard\nice cream, artificially sweetened ice cream, ice milk, freezer made\nshakes, fruit sherbert, water ice, quiescently frozen confection,\nquiescently frozen dairy confection, manufactured desserts mix, frozen\nconfection, mellorine frozen dessert as all such products are commonly\nknown, together with any mix used in such frozen desserts, and any\nproducts which are similar in appearance, odor or taste to such\nproducts, or are prepared or frozen as frozen desserts are customarily\nprepared or frozen, whether made with dairy products or non-dairy\nproducts.\n  3. a. "Person" means and includes any individual, copartnership,\ncorporation, cooperative association, cooperative corporation, or\nunincorporated association.\n  b. "Plant" means any single location or mobile manufacturing unit\nwhich manufactures frozen desserts.\n  4. Rules and regulations. (a) The commissioner shall, after public\nhearing, promulgate definitions and standards for frozen desserts\nincluding those made with dairy products, those not made with dairy\nproducts and those which are similar in appearance, odor or taste to\nsuch products or are prepared or frozen as frozen desserts are\ncustomarily prepared or frozen, together with rules and regulations for\nthe packaging and all labeling requirements for all such products, and\nother conditions relating to the wholesale manufacture, processing,\npackaging, distribution and sale at wholesale of all such products;\nincluding, but not limited to, sanitization pertaining to manufacture,\nprocessing, handling, distribution, buildings, grounds, equipment,\npersonnel and pasteurization or heat treatment of frozen desserts or\ningredients. No municipality or county may impose any regulation or\nstandard for frozen desserts different from those provided herein or by\nregulations promulgated hereunder. No municipality or county may require\nthe inspection of frozen dessert plants beyond its borders and shall\naccept the certification of the commissioner that such plants conform to\nthis act and the rules and regulations promulgated hereunder, unless\nthere is substantial reason to believe that a manufacturer of frozen\ndesserts, offered for sale in such county or municipality, is not in\nsubstantial compliance with the requirements of this article or the\nregulations promulgated pursuant thereto.\n  (b) Following any hearing to consider definitions and standards or\nrules and regulations, pursuant to paragraph (a) of this subsection, the\ncommissioner shall issue a recommended decision and shall afford\ninterested parties an opportunity to file exceptions to such recommended\ndecision based upon the facts in the hearing record. After full\nconsideration has been given to such exceptions, a final decision shall\nbe made.\n  (c) No person shall manufacture, distribute or sell in this state a\nfrozen dessert for which a definition and standard has not been\npromulgated pursuant to this article.\n  (d) Any person who desires to manufacture, distribute or sell in this\nstate, any frozen dessert for which a definition and standard has not\nbeen promulgated by the commissioner pursuant to this section, shall\nfirst make application to the commissioner for the promulgation of a\ndefinition and standard for such proposed frozen dessert. Such\napplication shall include the essential details of such proposed\ndefinition and standard. Upon the receipt of such an application, the\ncommissioner shall call a public hearing for the purpose of considering\nsuch proposed definition and standard. In determining whether or not\nsuch proposed definition and standard shall be promulgated, the\ncommissioner shall consider, among other things, the following:\n  1. Is the proposed product a frozen dessert as provided pursuant to\nthe provisions of subdivision two of this section?\n  2. Is the proposed frozen dessert substantially different from other\nfrozen desserts for which definitions and standards have already been\npromulgated by the commissioner?\n  3. Is it in the public interest to promulgate such proposed definition\nand standard?\n  4. Will the promulgation of such proposed definition and standard be\nadvantageous to consumers and not result in a lowering of health\nstandards or promote fraud and deception?\nFollowing the hearing to consider any such proposed definition and\nstandard, the commissioner shall issue a recommended decision as\nprovided pursuant to paragraph (b) of subdivision four of this section,\neither adopting, modifying, or denying the proposed definition and\nstandard, giving interested parties an opportunity to file exceptions,\nwithin thirty days, to such recommended decision based upon the facts in\nthe hearing record, and after full consideration has been given to any\nsuch exceptions, a final decision shall be made.\n