NY Agric & Mkts L § 258-J (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 258-J - Construction, Exceptions and Limitations.

§ 258-j. Construction,   exceptions   and   limitations.  The  license   required by this article shall be  in  addition  to  any  other  license   required  by  this  chapter  or  otherwise required by law. This article   shall apply to the city of New York,  but  shall  not  be  construed  to   conflict  with,  alter  or repeal laws in force relating to the board of   health or the department of health of the city  of  New  York,  nor  the   health code in force in such city or any amendments thereof duly adopted   nor  shall  any  provision  of  this  article or any regulations adopted   thereunder, relating to matters  of  health,  sanitation  or  purity  or   wholesomeness  of  milk which is in conflict with the health code or the   regulations of the board of health or the department of  health  of  the   city  of  New  York, apply to the city of New York, or to the production   and transportation of milk for said city. No milk dealer shall hereafter   accept for sale or distribution in  a  marketing  area  or  at  a  plant   supplying such marketing area when such marketing area is regulated by a   state  milk  marketing  order,  milk  from any premises on which milk is   produced or from any plant in which milk is handled unless such premises   constitute a milk production area dairy farm as defined by  section  two   hundred  fifty-eight-l  or  unless  the  milk  from  such plant has been   received for sale or distribution in such marketing area or at  a  plant   subject  to  such  order within the past two full calendar years without   first satisfying the commissioner that such proposed added  milk  supply   is reasonably needed for such marketing area, and that the acceptance of   such  added  milk  supply will not deprive any municipality or any other   marketing area of a supply, present or future, more conveniently related   to it. If any clause, sentence, paragraph or part of this article  shall   for  any reason be adjudged by any court of competent jurisdiction to be   invalid, such judgment  shall  not  affect,  impair  or  invalidate  the   remainder thereof, but shall be confined in its operation to the clause,   sentence,   paragraph,   or  part  thereof,  directly  involved  in  the   controversy  in  which  such  judgment  shall  have  been  rendered.  No   provision  of  this  article  shall  apply  or  be construed to apply to   foreign or interstate commerce,  except  insofar  as  the  same  may  be   effective  pursuant to the United States constitution and to the laws of   the United States enacted pursuant thereto. Technical, legal  and  other   assistants and employees in the service of the milk control board at the   time  such  transfer  takes  place shall be transferred to the division,   subject to qualifying examinations to be conducted by the civil  service   commission  as  soon  as  convenient after transfer, and in the meantime   they shall serve without examination. The civil service commission shall   designate, upon advice of the commissioner the positions which it is not   practicable to fill by competitive examinations, including the director,   assistant director, counsel and assistant counsel.