2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 57 - Licensing of Persons in Charge of Milk-Gathering Stations, Manufactories or Plants; Licensing of Persons Sampling Milk And/or Cream And/or Determining

§ 57. Licensing  of  persons  in  charge  of  milk-gathering stations,
  manufactories or plants; licensing of persons sampling milk and/or cream
  and/or determining weight or volume of milk and/or cream; and of persons
  making milk component tests. 1. No person shall take charge,  either  as
  superintendent,  manager  or  otherwise,  of any milk-gathering station,
  manufactory or plant where milk and/or cream is received from  producers
  for   sale  or  resale  or  for  manufacture,  unless  licensed  by  the
  commissioner.
2. No person shall measure, weigh, or otherwise determine  the  volume
  or  weight of milk and/or cream received from or offered for sale by the
  producer thereof or sample such milk and/or cream, or handle, or prepare
  such milk and/or cream samples when such samples are to be used for  the
  purpose  of  determining  the  amount  of a milk component or components
  contained therein, and/or to determine the bacterial count  thereof,  or
  for  any  other  purpose where the result of such test or examination is
  used as a basis  for  payment  for  such  milk  and/or  cream,  for  the
  classification   of  such  milk  and/or  cream,  for  the  rejection  or
  acceptance of such milk and/or cream, or for official inspection, or for
  public record, unless licensed by the  commissioner  provided,  however,
  that  the provisions of this section shall not be deemed to apply to any
  person employed by the state  department  of  health  or  any  municipal
  department  of  health  in  New  York state when performing his official
  duties for such health agency. Such license shall  be  designated  as  a
  "milk receiver's license."
3.  No  person  shall prepare or test milk and/or cream samples by any
  method, for the purpose of determining the amount of any milk  component
  contained  therein, where the result of such test is used as a basis for
  payment for such milk and/or cream, or for official  inspection  or  for
  public record, unless licensed by the commissioner.
4.  Application  for  a license, or licenses shall be made upon a form
  prescribed by the commissioner. The applicant shall furnish satisfactory
  evidence of good moral character, and shall give proof of his ability to
  perform  the  functions  for  which  a  license  is  applied,   to   the
  satisfaction  of  the commissioner. The commissioner, in his discretion,
  may combine in one license authority to perform any of the functions for
  which a license is required pursuant to the provisions  of  subdivisions
  one,  two and three of this section. A license shall be for a period not
  exceeding five years, and may be  renewed,  in  the  discretion  of  the
  commissioner, for successive periods of not exceeding five years each.
Each license shall be kept at the place where the licensee is employed
  and shall be open to inspection.
A license may be revoked by the commissioner, after a hearing upon due
  notice  to  the  licensee,  for  false  statement  in  the  application,
  dishonesty, incompetency, inaccuracy or a violation of the provisions of
  this article, and a license to take charge of a milk-gathering  station,
  manufactory  or  plant may also be revoked for dishonesty, incompetency,
  inaccuracy, or a violation of the provisions  of  this  article  by  any
  person  working  under  the direction of the licensee and subject to his
  orders.