NY Agric & Mkts L § 190 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 16 - Weights and Measures 190 - Method of Sale of Food and Food Products.

§ 190. Method  of  sale  of  food  and food products. 1. Definition of   "food" and "food product." The terms "food" and "food product," as  used   in  this  section,  shall  include all material, solid, liquid or mixed,   whether simple or compound, used or intended for  consumption  by  human   beings  or  domestic  animals  normally kept as household pets and shall   also include all substances or ingredients to be added thereto  for  any   purpose.2.  All  food and food products which are sold, offered or exposed for   sale by wholesalers, packers, distributors or jobbers shall be sold,  or   offered or exposed for sale by net weight, standard measure or numerical   count  and  shall  be  plainly  marked, in such form or manner as may be   prescribed by the commissioner, by such person offering the food or food   products  for  sale  except  that,  unless  required  pursuant  to   the   provisions  of  section two hundred fourteen-o of this chapter, it shall   not be necessary to so mark meat, meat  products  or  fish,  other  than   shellfish  in  natural  form,  provided  the  net  weight be stated on a   written invoice and on the shipping container of the meat, meat  product   or fish.3.  All  food and food products which are sold, offered or exposed for   sale at retail and which are not in containers, shall be  sold,  offered   or  exposed  for sale by net weight, standard measure or numerical count   under such regulations as may be prescribed by the commissioner.4. All food and food products which are packaged  or  wrapped  by  the   retailer,  and  all food and food products which are packaged or wrapped   in random weight, measure or  count  in  advance  of  being  offered  or   exposed  for  sale at retail shall be accurately marked, in such form or   manner as may be prescribed  by  the  commissioner,  with  (a)  the  net   weight,  standard  measure or numerical count; (b) the selling price per   pound or unit of standard measure  and  (c)  the  total  selling  price.   Provided  that  in the case of food or food products packed at one place   for subsequent shipment to and sale at another,  the  price  and  weight   sections  of the label may be left blank, to be filled in prior to being   offered or exposed for sale at retail.5. Wherever food or food products are packaged or wrapped for sale  by   a  retailer in advance of being sold, or offered or exposed for sale, an   accurate computing scale of sufficient  capacity  shall  be  maintained.   Such scale shall be placed as to be easily accessible to customers and a   prominent  and  conspicuous  sign  reading  "for  customer use" shall be   displayed on or near such scale.6. The provisions of this  section  shall  not  apply  to  commodities   dispensed   for   consumption  on  the  premises,  or  to  packaging  or   receptacles used merely for  the  purposes  of  carrying  or  delivering   commodities  or  containers  which  comply  with  the provisions of this   section, or to a commodity in a container if the container contains  (a)   in  the  case  of a commodity not a drug or cosmetic, less than one-half   ounce avoirdupois, less than one-half fluid ounce  or  less  than  seven   units,  (b)  in the case of a drug, less than seven units, or (c) in the   case of a cosmetic, less than one-fourth ounce  avoirdupois,  less  than   one-eighth  fluid ounce or less than seven units. The commissioner shall   by regulation prescribe comparable metric quantities for the  exceptions   provided  by  this subdivision. The exceptions involving declarations in   terms of count shall be permitted only if the  units  of  commodity  can   easily be counted without opening the container.