2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 56-A - Taking of Composite Sample; Record of Tests.

§ 56-a. Taking  of  composite  sample;  record of tests. Corporations,
  associations or persons buying milk and/or cream from producers of  milk
  and/or  cream  to  be  paid  for  on  the  basis  of the percentage of a
  component or components  of  such  milk  or  cream  and  taking  samples
  therefrom  to  form  a  composite  sample  to  be tested periodically to
  determine its value  on  such  basis,  shall,  at  the  request  of  the
  producer,  or  of  his agent designated in writing, take such samples in
  duplicate and subject them to the same treatment.  At  the  end  of  the
  period  for  which  the  composite samples were taken, such corporation,
  association or person shall tender same to the producer thereof,  or  to
  his  authorized  agent, and give such producer, or his authorized agent,
  the choice of one of the two composite samples so taken. Such  producer,
  or  his  authorized  agent,  may  send  such duplicate composite sample,
  properly marked for identification of the component or  components  upon
  which  payment  or  settlement  for  the  milk  is  based  and  with the
  producer's name and post office address, to  the  New  York  State  food
  laboratory of the department within three days from the receipt thereof.
  Such  laboratory shall cause such sample to be tested for the per centum
  of such component or components contained therein,  and  shall  cause  a
  report  of  such  test  to  be sent to the producer or to his authorized
  agent, from whom it was received within ten days  thereof,  or  as  soon
  thereafter as possible. Persons testing composite samples of milk and/or
  cream  taken from milk or cream bought or received from producers, where
  the value thereof is determined by the  percentage  of  a  component  or
  components  contained  in  such milk or cream, shall preserve intact the
  remaining portion of the sample from which the test was made, and in the
  case of milk keep the same for at least ten days  and  in  the  case  of
  cream  keep the same for at least one day after the making of such test,
  for the purpose of permitting the commissioner or  his  duly  authorized
  representative  to  examine and test the same. Whenever a producer shall
  designate in writing his authorized agent, the  period  for  which  such
  authorization  shall  be in effect shall be stated and the time or times
  when such duplicate composite sample or samples shall be tendered to the
  authorized agent. The corporation, association  or  person  buying  such
  milk  and/or  cream  shall  permit  the  authorized agent to collect the
  samples so chosen.
Persons making such tests of samples of milk and/or cream so purchased
  or received shall, immediately after such tests are completed, prepare a
  list containing the names or numbers of the producers whose milk  and/or
  cream  was  so  tested,  and place opposite each such producer's name or
  number the percentage  of  each  component  or  components,  upon  which
  payment  or  settlement  is  based,  found to have been contained in the
  sample of milk and/or cream representing the milk and/or cream delivered
  by each such producer.   Such lists  so  prepared  shall  be  made  with
  indelible  pencil  or  permanent  ink and shall be filed in the plant or
  place where such milk and/or cream is bought or received, and each  such
  list  shall be duly signed by the person making such tests and preparing
  such lists, and such person shall place beneath his signature the number
  of the state license under which he is testing.
All such lists shall be kept as a record for at  least  one  year  and
  shall  be  open  to  examination at all times by the commissioner or his
  duly authorized  representative.  At  any  time,  upon  request  of  any
  producer,  or  his  authorized  agent, the purchaser or receiver of such
  milk and/or cream shall permit such producer to  examine  such  part  of
  said  record  as  contains  information  concerning  the samples of milk
  and/or cream representing  the  milk  and/or  cream  delivered  by  such
  producer. Every such purchaser or receiver of milk and/or cream from the
  producer  thereof  shall,  on  written  request  therefor,  made  by the

  producer or by his authorized agent, mail or deliver to the producer  or
  his  authorized  agent, at each time thereafter when such list is made a
  written statement of the percentage of the component or components, upon
  which  payment  or settlement was based, found to have been contained in
  the sample or samples representing the milk and/or  cream  delivered  by
  such producer.
Without  the written permission of the commissioner, no sample of milk
  and/or cream so tested by the purchaser or his representative  shall  be
  tested  at  a  plant  or  place  other  than the one where received, nor
  without such permission shall any such sample of milk  be  removed  from
  any  such  plant  or place where tested within ten days from the date of
  testing, nor shall any such sample of cream be removed therefrom  within
  one day from such date of testing.