2023 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.