N.Y. AGM Law § 57 — New York Code / Act AGM / Article 4 / Section 57
Licensing of persons in charge of milk-gathering stations, manufactories or plants; licensing of persons sampling milk and/or cream and/o...
Status: in_force

§ 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, either as\nsuperintendent, manager or otherwise, of any milk-gathering station,\nmanufactory or plant where milk and/or cream is received from producers\nfor sale or resale or for manufacture, unless licensed by the\ncommissioner.\n  2. No person shall measure, weigh, or otherwise determine the volume\nor weight of milk and/or cream received from or offered for sale by the\nproducer thereof or sample such milk and/or cream, or handle, or prepare\nsuch milk and/or cream samples when such samples are to be used for the\npurpose of determining the amount of a milk component or components\ncontained therein, and/or to determine the bacterial count thereof, or\nfor any other purpose where the result of such test or examination is\nused as a basis for payment for such milk and/or cream, for the\nclassification of such milk and/or cream, for the rejection or\nacceptance of such milk and/or cream, or for official inspection, or for\npublic record, unless licensed by the commissioner provided, however,\nthat the provisions of this section shall not be deemed to apply to any\nperson employed by the state department of health or any municipal\ndepartment of health in New York state when performing his official\nduties for such health agency. Such license shall be designated as a\n"milk receiver's license."\n  3. No person shall prepare or test milk and/or cream samples by any\nmethod, for the purpose of determining the amount of any milk component\ncontained therein, where the result of such test is used as a basis for\npayment for such milk and/or cream, or for official inspection or for\npublic record, unless licensed by the commissioner.\n  4. Application for a license, or licenses shall be made upon a form\nprescribed by the commissioner. The applicant shall furnish satisfactory\nevidence of good moral character, and shall give proof of his ability to\nperform the functions for which a license is applied, to the\nsatisfaction of the commissioner. The commissioner, in his discretion,\nmay combine in one license authority to perform any of the functions for\nwhich a license is required pursuant to the provisions of subdivisions\none, two and three of this section. A license shall be for a period not\nexceeding five years, and may be renewed, in the discretion of the\ncommissioner, for successive periods of not exceeding five years each.\n  Each license shall be kept at the place where the licensee is employed\nand shall be open to inspection.\n  A license may be revoked by the commissioner, after a hearing upon due\nnotice to the licensee, for false statement in the application,\ndishonesty, incompetency, inaccuracy or a violation of the provisions of\nthis article, and a license to take charge of a milk-gathering station,\nmanufactory or plant may also be revoked for dishonesty, incompetency,\ninaccuracy, or a violation of the provisions of this article by any\nperson working under the direction of the licensee and subject to his\norders.\n