NY Agric & Mkts L § 190-A (2021)
2021 New York Laws AGM - Agriculture and Markets Article 16 - Weights and Measures 190-A - Home Food Service Plan Sales.

§ 190-a. Home food service plan sales. 1. Definitions. As used in this   section,  unless the context otherwise requires, the following words and   phrases shall have the following meanings:a. "Home food service plan" means any offering for sale to a household   consumer of meat or poultry or seafood or the offering of such  products   in  combination  with  each  other  or  with  any other food or non-food   product or service sold as a unit for a total price in the aggregate  in   excess of two hundred dollars.b. "Seller" means any person, partnership, corporation or association,   however organized, engaged in the sale of food through home food service   plans.c. "Food spoilage protection" means any agreement, guarantee, warranty   or  contract  offered  by  the  seller  whereby  the buyer is insured or   protected against loss of frozen food due to spoilage.d. "Primal source" means the following cuts: (i) for beef, the  primal   sources  are  the  round,  flank,  loin,  rib, plate, brisket, chuck and   shank; (ii) for veal and lamb or mutton, the primal sources are the leg,   flank, loin, rack (rib) and shoulder; and (iii)  for  pork,  the  primal   sources are the belly, loin, ham, spareribs, shoulder and jowl.e.  "Item"  means  each  constituent  part  or kind of meat cut from a   primal souce, each kind of whole poultry, each  kind  of  poultry  part,   every  package  of  like  seafood, and every package of like grocery and   non-food products.f. "Service charge" means the total price of  the  home  food  service   plan  (including,  without  limitation,  the  price of food and non-food   items, membership fees and charges for delivery, cutting, wrapping,  and   freezing)  less  the total price of all food and non-food items included   in the price of the plan.2. Written contract required for home food service plans. All  of  the   terms and conditions of a home food service plan sale shall be contained   in  a  single written contract furnished to the buyer at the time of the   execution of the contract.3. Right of cancellation. The buyer shall have the right to cancel the   home food service plan contract until midnight of the third business day   after the day on which the buyer executed the contract or after the  day   on which the seller provided the buyer with a fully executed copy of the   contract, whichever is later.4. Disclosures required in a written contract. A seller of a home food   service plan must disclose to buyers in a contract in writing, in a form   approved by the commissioner of agriculture and markets, the following:a. the name and address of the seller;b. whether substitutions of food items may be or are made, under which   circumstances  such  substitutions will be made, the substitution values   in terms of price, and whether the prospective buyer has  the  right  to   refuse such substitutions;c. the terms and conditions of food spoilage protection, if any;d.  that  the  buyer  is not obligated to (1) enter into an additional   home food service plan contract; (2) purchase any appliance,  including,   but  not limited to, a freezer, refrigerator-freezer, or microwave oven;   (3) purchase food spoilage protection; or (4) purchase any other product   from the seller in order to enter into a home food service plan;e. the U.S.D.A. quality grade of the meat supplied, if so graded,  and   the primal source, if applicable;f. an itemized list of the components of the home food service plan;g. the estimated weight of each meat, poultry and seafood item offered   for  sale under the home food service plan, provided, however, that such   estimates shall not differ from the actual weight at time of delivery by   more than five percent; h. the price per pound of each meat, poultry and seafood  item  to  be   supplied;i.  the  total price of the home food service plan, the service charge   and the estimated price of each meat, poultry and  seafood  item  to  be   supplied;j.  the  weight, measure or count and unit price of all other food and   non-food items supplied for sale;k. that at the time of delivery the buyer will be  furnished  with  an   itemized  list  stating  the  identity,  primal  source,  if applicable,   weight, measure or count, total number of packages supplied,  price  per   pound,  which shall be the price specified in the home food service plan   contract, and total price of each food and non-food item included in the   sale;l. that the buyer may cancel the contract until midnight of the  third   business  day  after the day on which the buyer executed the contract or   after the day on which the  seller  provided  the  buyer  with  a  fully   executed  copy  of  the  contract, whichever is later, by giving written   notice of cancellation to the seller; and that  within  ten  days  after   cancellation,  the  seller  shall  return to the buyer any note or other   evidence of indebtedness and  shall  refund  to  the  buyer  all  monies   received from the buyer minus the price of the actual amount of food and   non-food products delivered to and not returned or tendered by the buyer   following cancellation. Notice of cancellation if given by mail shall be   deemed  given when deposited in a mailbox properly addressed and postage   prepaid.5. Invoice at delivery required. At the time of delivery,  the  seller   shall  provide  to  the  buyer a written invoice disclosing the name and   address of the seller and the identity, primal  source,  if  applicable,   weight,  measure  or count, total number of packages supplied, price per   pound, which shall be the price specified in the home food service  plan   contract, and total price of each food and non-food item included in the   sale.6.  Restriction  on  assignment  of  obligation. a. A seller shall not   negotiate, transfer, sell or  assign  any  note  or  other  evidence  of   indebtedness,  issued  in connection with a home food service plan sale,   to a finance company or other third party prior to midnight of the fifth   business day after the day on which the buyer executed the  contract  or   after  the  day  on  which  the  seller  provided the buyer with a fully   executed copy of the contract, whichever is later.b. The assignee of any such note or  other  evidence  of  indebtedness   shall  be  subject  to  all claims and defenses of the buyer against the   seller arising from  the  sale  notwithstanding  any  agreement  to  the   contrary.  The  assignee's  liability  under  this subdivision shall not   exceed the amount owing to the assignee at the time the claim or defense   is asserted against the assignee. Rights of the buyer under this section   can be asserted affirmatively against or as a matter of  defense  to  or   set-off against a claim by the assignee.7. Violations:A  violation  of  this  section  shall  be  subject  to the applicable   penalties of this  chapter.  A  violation  of  this  section  shall  not   constitute a misdemeanor pursuant to the provisions of section forty-one   of  this  chapter  unless  such  violation  is  committed with intent to   defraud.In addition to the foregoing, an application may be made to a court or   justice having jurisdiction  to  issue  an  injunction,  to  enjoin  and   restrain  the  continuance of such violations; and if it shall appear to   the satisfaction of the court or justice, that  the  defendant  has,  in    fact,  violated  this section, an injunction may be issued by such court   or justice, enjoining and restraining any further violation.