2023 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.