reglab/statecodes huggingface dataset:
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 44 - Prosecution for Penalties.

§ 44. Prosecution  for penalties.   1. Whenever the commissioner shall
  know or have reason to believe that any penalty has been incurred by any
  person for a violation of any of the provisions of this chapter,  or  of
  any other law the enforcement of which is within the jurisdiction of the
  department,  or of the rules of the department, or that any sum has been
  forfeited by reason of any such violation, the commissioner  may  report
  the  facts to the attorney general who may cause an action or proceeding
  to be brought in the name of the people for the recovery  of  the  same.
  Such  action may be brought in the county where the defendant resides or
  the violation, or any part thereof, occurred.
2. In an action for a penalty or forfeiture incurred by reason of  the
  violation  of  the  provisions  of this chapter, or of any other law the
  enforcement of which is within the jurisdiction of the department, or of
  the rules of the department, when the complaint charges a  violation  of
  any two or more of such provisions, the plaintiff shall not be compelled
  to elect between the counts under such different provisions but shall be
  entitled  to  recover  if  it  is  found that a violation of any of such
  provisions has been committed for  which  a  penalty  or  forfeiture  is
  imposed.
3.  If  the  defendant  in  such an action shall prove that during any
  portion of the time for which it  is  sought  to  recover  penalties  or
  forfeitures  for  a  violation of a rule or order of the department, the
  defendant was actually and in good faith prosecuting a suit,  action  or
  proceeding before the department or in the courts to set aside such rule
  or  order,  the  court shall remit the penalties or forfeitures incurred
  during the pendency of such action or proceeding.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 45 - Disposal of Fines and Moneys Recovered.

§ 45. Disposal  of  fines  and moneys recovered.   Except as otherwise
  provided in  this  chapter,  all  moneys  recovered,  either  as  fines,
  penalties,  forfeitures  or  otherwise,  for the violation of any of the
  provisions of this chapter, or of any other law the enforcement of which
  is within the jurisdiction of the department, or of  the  rules  of  the
  department,  and  all  bail  forfeited  by  persons  charged  with  such
  violations, shall be the property of the state. Moneys so  recovered  by
  town  justices shall be paid to the state comptroller in accordance with
  the provisions of section twenty-seven of the town  law  and  moneys  so
  recovered  by village justices shall be paid to the state comptroller in
  accordance with the provisions of section 4-410 of the village law.  The
  same  disposal shall be made of all moneys recovered upon any bond given
  by any officer by virtue of the provisions of  this  chapter.  Provided,
  however,   that  any  such  moneys  collected  as  fines,  penalties  or
  forfeitures as a result of a prosecution for a violation of any  of  the
  provisions of article sixteen and sixteen-a of this chapter and all bail
  forfeited  by persons charged with such violations shall be the property
  of the county or city, as the case may be, in which the alleged  offense
  was  prosecuted  and  shall  be  paid to the treasurer, or corresponding
  fiscal officer, of such county or city, except that any such moneys  and
  any  such bail forfeitures, collected by the town justices or by village
  justices shall be paid to  the  state  comptroller  in  accordance  with
  section  twenty-seven  of  the town law and section 4-410 of the village
  law, respectively.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 45-A - Refunds.

§ 45-a. Refunds.    1.  Moneys heretofore or hereafter received by the
  department pursuant to this  chapter  may,  within  one  year  from  the
  receipt  thereof,  be  refunded to the party for whose account same were
  received, on proof satisfactory to the commissioner that:
a. Such moneys were in excess of the amount required by law.
b. The license for which application was made has been refused by  the
  commissioner.
c.  Such moneys were received as payment for services or materials and
  such services have not been rendered or such materials furnished.
d. Such moneys were received as rental  or  concession  fees  and  the
  applicant  for such concession or lease has, by acts or omissions of the
  department, been deprived of the use of the leased premises or has  been
  prevented from operation of the concession for the whole or a portion of
  the  term of such lease or concession agreement; provided, however, that
  no such refund shall be for a greater proportion of the total rental  or
  concession  fee  than the period of such loss of use bears to the period
  of such lease or concession agreement.
2. Such refunds shall, upon approval by  the  commissioner  and  after
  audit  by the comptroller, be paid from any moneys in the custody of the
  department received as  license  fees,  sales  of  materials,  fees  for
  services or for rentals, or fees for grants of concessions.
3.  Whenever  any person, firm, corporation or cooperative association
  has filed with the commissioner any surety bond or  other  security  and
  fails  to  perform the conditions for which such surety bond or security
  was pledged, the commissioner  may,  after  audit  by  the  comptroller,
  distribute  any  proceeds  therefrom  in  the  manner  provided  by this
  chapter.
4. When the conditions under which any security (other than  a  surety
  bond)  filed  with  the  commissioner  have  been  fully discharged, the
  commissioner may return such security to the  person  filing  the  same,
  together with any interest or income which may have accrued thereon; and
  the  commissioner  may  also,  from  time to time and after audit by the
  comptroller, pay to the depositor any intermediate  interest  or  income
  accruing from such security.
5. Nothing contained in this section shall in any way supersede, alter
  or amend the provisions of section thirty-one-c of this chapter.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 45-B - Unauthorized Possession, Sale, or Exchange of Food Order Stamps Issued Under Food Stamp Plan.

§ 45-b. Unauthorized  possession,  sale,  or  exchange  of  food order
  stamps issued under food stamp plan.  Any person, other  than  a  person
  authorized by the regulations and conditions prescribed by the secretary
  of  agriculture  of the United States governing the food stamp plan, who
  shall have in his possession, or who shall purchase sell or exchange any
  food stamps, books, book covers or any other  instruments  or  documents
  relating  to food stamps, for money or for any article or articles other
  than those foods authorized by the regulations and conditions prescribed
  by the secretary of agriculture of the United States governing the  food
  stamp  plan, or for food the value of which is less than the face amount
  of such food stamps,  or  in  any  other  manner  in  violation  of  the
  regulations and conditions prescribed by the secretary of agriculture of
  the  United  States  governing the food stamp plan, shall be guilty of a
  misdemeanor.  As  used  herein,  the  word  "person"  shall   mean   any
  individual,  partnership,  corporation,  or  association, whether or not
  such individual, partnership, corporation or association is eligible  to
  participate or is participating in the food stamp plan.
2023 New York Laws › AGM - Agriculture and Markets › Article 3 - Investigation; Practice and Procedure; Violations; Penalties. › 45-C - Misuse of Food Commodities Donated by the United States.

§ 45-c. Misuse  of food commodities donated by the United States.  Any
  person  who  shall  wilfully  sell  or  make  any   other   unauthorized
  disposition  of  any  food  commodity  donated  under any program of the
  United States government or whoever, not being an  authorized  recipient
  thereof,  willfully  converts  to  his  own use or benefit any such food
  commodity shall be guilty of a misdemeanor.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 46 - Declaration of Policy.

§ 46. Declaration  of  policy.    It is hereby declared that the dairy
  industry is a paramount  industry  of  the  state  and  the  production,
  processing, packaging, distribution and sale of milk products has become
  an  enterprise  of  vast  economic  importance to the state and of vital
  importance to the consuming public of the state,  and  which  should  be
  encouraged  and  promoted in the public interest. It is further declared
  that milk and milk products have long been  accepted  by  the  consuming
  public  as  wholesome  and nutritious articles of food. Advances in food
  technology have resulted in the development of a variety of products for
  similar usage including dairy  foods  with  different  composition  than
  products  now  defined  as well as products made with vegetable oils and
  proteins from sources other than  dairy  products,  products  which  are
  similar  in  appearance, odor, or taste to dairy products, and which are
  difficult to differentiate from dairy products. It is  further  declared
  to  be in the interest of the dairy industry and the consuming public to
  promote and  encourage  the  development  of  new  and  different  dairy
  products  with varying proportions of fat, solids and other ingredients,
  including wholesome ingredients not now permitted in dairy products  but
  which  may  be  used without restriction in non-dairy products which are
  similar in appearance, odor or taste  to  dairy  products.  It  is  also
  declared to be in the interest of the dairy industry and particularly in
  the  interest  of  the  consuming  public,  that  to  the fullest extent
  possible, there be uniformity of definitions and standards for milk  and
  milk  products and in the labeling of milk and milk products between the
  various states to the end that there may be free movement  of  milk  and
  milk   products  between  states,  and  further  to  the  end  that  the
  inefficiency, needless expense, and confusion caused by  differences  in
  products  sold  under  the  same  name,  and  differences in labeling of
  identical products may be eliminated.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 46-A - Regulations.

§ 46-a. Regulations.  The  commissioner  shall,  after public hearing,
  promulgate definitions and standards for milk and milk products, and for
  products other than milk and milk products, which products  are  similar
  in  appearance,  odor  or taste to milk and milk products, together with
  rules and regulations  for  the  packaging  and  labeling  of  all  such
  products,  and other conditions relating to the manufacture, processing,
  packaging,  distribution  and  sale  of  all  such  products   including
  sanitation    pertaining    to    manufacture,   processing,   handling,
  distribution,   surroundings,   grounds,   equipment,   personnel    and
  pasteurization  of  such  products.  Such regulations shall apply to all
  sources including farms where such milk is produced. A copy of all  such
  rules  and  regulations  governing  sanitation  shall be provided to the
  state commissioner of health fifteen days prior to the  public  hearing.
  The   commissioner   is   further  empowered  to  promulgate  rules  and
  regulations by which milk may be standardized, including the  plants  at
  which   such   standardization   may   be  done  and  may  provide  that
  standardization may be done only at plants which are duly  licensed  and
  specifically    approved   by   the   commissioner   to   perform   such
  standardization.  The  commissioner  may  provide  in  such  rules   and
  regulations   for   different   standards   and  labeling  for  products
  manufactured within the state and sold out of state.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 47 - Care and Feed of Cows, and Care and Keeping of Milk.

§ 47. Care  and feed of cows, and care and keeping of milk.  No person
  shall keep cows, for the production of milk for market or  for  sale  or
  exchange,  or for manufacturing the milk or cream from the same into any
  article of food, in a crowded or unhealthy condition or  in  unhealthful
  or  unsanitary  surroundings  and  no person shall keep such cows or the
  product therefrom in such condition or surroundings or in such places as
  shall cause or tend to cause the produce from such  cows  to  be  in  an
  unclean,  unhealthful  or  diseased  condition, if the produce from such
  cows is to be sold, offered or exposed for sale  upon  the  markets  for
  consumption  or to be manufactured into any food product, nor shall such
  cows or the produce therefrom be handled or  cared  for  by  any  person
  suffering  with  or affected by an infectious or contagious disease, nor
  shall any such cows be fed on any  substance  that  is  in  a  state  of
  putrefaction  or  fermentation,  or upon any food that is unhealthful or
  that  produces  or  may  produce  impure,   unhealthful,   diseased   or
  unwholesome  milk.  But  this section shall not be construed to prohibit
  the feeding of ensilage.
No person having milk in his possession for the purpose of selling the
  same for consumption as such or for manufacturing the same into  butter,
  cheese,  evaporated  or condensed milk or other food shall keep the same
  in utensils, cans, vessels, rooms or buildings that are unclean or  have
  insanitary  surroundings or drainage or in any condition whatsoever that
  would tend to produce or promote conditions favorable to unhealthfulness
  or disease. The commissioner shall notify  all  persons  violating  this
  section  to clean said utensils, cans, vessels, rooms or buildings or to
  so improve the sanitary conditions that the  foregoing  provisions  will
  not  be violated; and if such notice is complied with within ten days no
  presecution, civil or criminal, for a violation of this section shall be
  instituted.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 47-A - Regulating the Handling and Sale of Products Made From Recovered Milk Fat and Solids.

§ 47-a. Regulating  the  handling  and  sale  of  products  made  from
recovered milk fat and solids. Notwithstanding any other  provisions  of
this  chapter,  it  shall  not be unlawful to recover milk fat and other
milk solids
(a) from mixtures of milk and potable water produced in the  operation
of high-temperature short-time pasteurizers or
(b)  from  rinsings or drippings recovered from cans or equipment used
in the handling of milk and milk products,  provided  such  rinsings  or
drippings do not contain excessive foreign substance, or
(c) from whey or to use such fat and such other milk solids in
(1)  products  in the manufacture of which milk fat, other milk solids
and water are permitted ingredients, or
(2) in the manufacture of  butter  and  skimmed  milk  powder  (nonfat
dry-milk solids).
The  commissioner  is  hereby  authorized  to  promulgate  regulations
governing the handling, manufacturing and marketing  of  such  mixtures,
rinsings,  drippings  and  whey and the products made therefrom, and may
prescribe standards for such products.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 48 - Receptacles to Be Cleansed Before Returning; Receptacles May Be Seized; Evidence; Violation.

§ 48. Receptacles  to be cleansed before returning; receptacles may be
  seized; evidence; violation. Whenever any can or receptacle is used  for
  transporting  or conveying milk, cream or curd to market for the purpose
  of selling or furnishing the same for consumption as human food, or  for
  manufacturing into human food, which can or receptacle, when emptied, is
  returned or intended to be returned to the person so selling, furnishing
  or  shipping such substance to be again thus used, or which is liable to
  continued use in so transporting, conveying, selling  or  shipping  such
  substance as aforesaid, the consumer, dealer or consignee using, selling
  or receiving the milk, cream or curd from such can or receptacle, shall,
  before so returning such can or receptacle remove all substances foreign
  to  milk  therefrom,  by  rinsing with water or otherwise. When any such
  milk, cream or curd is sold within any city of  this  state  or  shipped
  into  any  such  city,  the fact of such shipment or sale shall be prima
  facie evidence that the same was so shipped or sold for  consumption  as
  human  food  or to be manufactured into human food. When any such can or
  receptacle is returned or delivered or shipped to any person or creamery
  so selling such substance within, or shipping the same into  such  city,
  it  shall  be  deemed  that  such  can  or  receptacle is liable to such
  continued use in so selling  or  shipping  such  substance  therein  for
  consumption  as  human  food  within  the  meaning  and purposes of this
  article. No person shall place or suffer to be placed in any such can or
  receptacle any sweepings, refuse, dirt, litter, garbage,  filth  or  any
  other  animal  or  vegetable  substance, nor shall any such consignee or
  other person through himself, his agent or employee, bring or deliver to
  any person or railroad or other conveyance any such  can  or  receptacle
  for  the  purpose  of  such  return,  or  any milk, cream or curd can or
  receptacle for the purpose of delivery or  shipment  to  any  person  or
  creamery   engaged  in  so  selling  or  shipping  such  substances  for
  consumption as human food, which can or receptacle contains such foreign
  substance or which has not been rinsed  as  herein  provided.  The  word
  "curd"  as used in this article applies to the substance otherwise known
  as "pot cheese" or "cottage cheese." Whenever any such can or receptacle
  is used, returned, delivered or shipped in  violation  of  this  article
  every  such  use,  return,  delivery  or  shipment  of  each such can or
  receptacle shall be deemed a separate violation thereof.  Such  cans  or
  receptacles so used, returned, delivered or shipped in violation of this
  article  may be seized by the commissioner, his assistants or agents and
  held as evidence of such violation.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 49 - Insanitary Cans and Receptacles Condemned.

§ 49. Insanitary  cans  and  receptacles  condemned.    All  cans,  or
  receptacles used in the sale of milk, cream or curd for consumption,  or
  in  transporting  or shipping the same to market or the delivery thereof
  to  purchasers  for  consumption  as  human  food,  when  found  by  the
  commissioner  or his assistants or agents to be in unfit condition to be
  so used by reason of being worn out, badly rusted, or with rusted inside
  surface, or unclean or insanitary or in such condition that they can not
  be rendered clean and sanitary by washing, and will tend to  produce  or
  promote  in  milk,  cream  or  curd when contained therein, bad flavors,
  unclean  or  unwholesome  conditions  favorable  to  unhealthfulness  or
  disease,  shall  be  condemned  by the commissioner or his assistants or
  agents. Every such can or receptacle when so condemned shall  be  marked
  by  a stamp, impression or device, designed by the commissioner, showing
  that it  has  been  so  condemned,  and  when  so  condemned  shall  not
  thereafter  be  used  by  any  person  for  the  purpose  of so selling,
  transporting or shipping milk, cream or curd.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 50-E - Legislative Finding and Declaration of Policy.

§ 50-e. Legislative  finding  and declaration of policy.  It is hereby
  declared that cream, half and half, milk and mixtures of milk and  cream
  have long been accepted by the consuming public; recognized as wholesome
  and  nutritious  articles  of  food,  and  their  composition  generally
  understood by consumers.
Advances in food technology have resulted  in  the  development  of  a
  variety  of  products  for  similar usage including dairy foods of lower
  butterfat and blends made with vegetable oils  and  with  proteins  from
  sources  other  than  dairy  products;  products which are so similar in
  appearance, odor and taste that they are difficult to differentiate from
  dairy products. It is further declared to be the purpose of this article
  to promote honesty and fair dealing in the  interest  of  consumers,  to
  insure  fair competition with a highly regulated dairy industry which is
  of considerable economic importance to the economy of the state  and  to
  prevent   confusion   and  deception  in  the  sale  of  such  foods  by
  establishing definitions and standards of identity for such  foods,  and
  by  providing  for rules and regulations which will effect their orderly
  marketing and insure similar sanitary standards.
It is the further intent of the legislature, in view of the well known
  nutritional qualities of whole milk (including  standardized  milk)  and
  other  dairy  products that the burden of proof of nutritional claims of
  products offered for sale to consumers which have the  appearance,  odor
  and  taste  of  whole  milk (including standardized milk) or other dairy
  products is placed on the persons or corporations offering  the  product
  or products for sale to consumers.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 50-F - Definitions and Standards of Identity.

§ 50-f. Definitions and standards of identity. As used in this section
  the  terms  "melloream"  or  "a vegetable oil blend" mean any substance,
  mixture or compound regardless of the name by which it  is  represented,
  which  contains  vegetable fats or oils and proteins derived from animal
  or vegetable sources, and whose appearance, odor and taste is similar to
  cream, half and half, milk or a mixture of milk and cream, to the  point
  of rendering these products difficult to differentiate from each other.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 50-G - Licenses to Manufacturers of Melloream.

§ 50-g. Licenses  to  manufacturers  of  melloream. 1. No person shall
  engage in the manufacture or production of melloream in the state of New
  York or for sale or distribution in the state of New  York  unless  duly
  licensed as provided in this article or unless licensed as a milk dealer
  pursuant to article twenty-one of the agriculture and markets law.
2.  Application  for a license shall be made upon a form prescribed by
  the commissioner and shall include such facts concerning the applicant's
  status and operations as are deemed necessary by  the  commissioner  for
  administration  of  this article. A license shall be for a period not to
  exceed two years and a renewal of license must be  duly  made  at  least
  thirty  days in advance of the expiration date. The license fee pursuant
  to this article for the license period for a person who is not otherwise
  licensed as  a  milk  dealer  pursuant  to  article  twenty-one  of  the
  agriculture and markets law shall be fifty dollars for each manufactory,
  plant or place where melloream is manufactured or produced.
3.  No  license  issued  pursuant to this article to a manufacturer of
  melloream shall be denied or revoked unless the commissioner finds by  a
  preponderance of evidence, after due notice and opportunity of a hearing
  to the applicant or licensee, that such person is not in compliance with
  or  is  in  violation  of  any  of  the  provisions  of  this article or
  regulations of the commissioner governing the manufacture  and  labeling
  of melloream.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 50-H - Entry, Inspection and Investigation.

§ 50-h. Entry, inspection and investigation. Any person designated for
  the  purpose  shall have access to and may enter at all reasonable hours
  all places where melloream is being manufactured, packaged or stored for
  sale or distribution in the  state  of  New  York,  where  melloream  is
  otherwise  being  handled or sold in the state of New York, or where the
  books, papers, records or documents relating to  such  transactions  are
  kept,  and  shall  have  power  to  inspect  and  copy the same, and may
  administer oaths and take testimony  for  the  purpose  of  ascertaining
  facts  which  in  the  judgment  of  the  commissioner  are necessary to
  administer this article. The commissioner may inspect a plant beyond the
  boundary of the state, and when  he  does,  the  applicant  or  licensee
  shall,  prior  to  such  inspection,  agree  to  pay, in addition to the
  license fee provided pursuant to subdivision two of section  fifty-g  of
  this  article,  fees for the inspection of the plant by the commissioner
  or his representatives. Such fees shall be twenty-five dollars for  each
  day  consisting  of seven hours or part thereof during which an employee
  of the commissioner spends traveling to  and  from  and  inspecting  the
  plant.  In  addition  the  applicant  or licensee shall agree to pay all
  necessary expenses including but not limited to expenses for  traveling,
  lodging  and meals. The commissioner may, if satisfied with the adequacy
  of inspection by some other regulatory agency,  and  if  satisfied  that
  there   is   substantial   compliance   with   the  regulations  of  the
  commissioner, forego actual inspection of  such  out-of-state  plant  or
  plants.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 50-I - Labeling of Melloream and Vegetable Oil Blends.

§ 50-i. Labeling  of  melloream and vegetable oil blends. Whenever the
  brand name of melloream or a vegetable oil blend, as defined in  section
  fifty-f,  appears  on the container so conspicuously as to be seen under
  customary  conditions  of  purchase,   there   shall   immediately   and
  conspicuously  precede  or  follow the brand name or product designation
  without intervening written, printed or graphic  matter  in  letters  at
  least  one-third  of  the  size  of  the brand name and on a contrasting
  background,  any  one  of  the  following  statements:  "melloream,"  "a
  vegetable  blend," "a vegetable oil product," "not a dairy product," and
  the words "milk," "cream," "half and half," or "a mixture  of  milk  and
  cream"  shall not be used on the package label of melloream or vegetable
  oil blends except to the extent that there  shall  also  appear  on  the
  label an accurate list of ingredients. In the event that a product under
  this  section  shall  contain  an ingredient which has been derived from
  milk or a milk by-product or during its formation has  used  milk  or  a
  milk by-product, the ingredient labeling shall after specifying the name
  of the ingredient, place in parentheses the words "milk derived".
Persons  or  corporations  offering  such products for sale shall upon
  request by the commissioner submit to him evidence  in  support  of  any
  nutritional  claims made for such products through advertising, labeling
  or public announcement, and failure to submit such evidence or to revise
  such claims in  the  manner  suggested  by  the  commissioner  shall  be
  presumed  to  be  a  misbranding  of said products within the meaning of
  section two hundred one of this chapter.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 50-J - Serving Melloream, Vegetable Oil Blends and Cream in Restaurants and Other Public Eating Places.

§ 50-j. Serving   melloream,   vegetable   oil  blends  and  cream  in
  restaurants and  other  public  eating  places.  Whenever  melloream,  a
  vegetable oil blend, cream, half and half, milk or a mixture of milk and
  cream  is  served in a restaurant, hotel, boarding house, lunch counter,
  place of entertainment, public eating place or any  establishment  where
  food  is  sold  for consumption on the premises, the name of the product
  served should be clearly stated by label, sign or menu  statement  in  a
  manner likely to be read by the customer.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 50-K - Rules and Regulations.

§ 50-k. Rules  and  regulations.  The  commissioner shall from time to
  time, after inquiry and public hearing, promulgate and adopt  rules  and
  regulations  to  supplement  and  give  full effect to the provisions of
  section fifty-e. Such rules and  regulations  shall  establish  sanitary
  regulations  pertaining  to the manufacture, packing and distribution of
  melloream and vegetable oil blends, including the sanitary condition  of
  buildings,  ground,  and  equipment  where  melloream  and vegetable oil
  blends are manufactured and the sanitary condition  of  the  ingredients
  and  of  the  persons  in  direct  physical  contact  with melloream and
  vegetable  oil  blends  during  manufacture.  Such  sanitary  rules  and
  regulations shall be equal to those established for dairy products.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 51 - Milk Inspection.

§ 51. Milk  inspection.   The commissioner or his agent, in inspecting
  milk for the purpose of analysis to determine the percentage of  fat  or
  other  milk  solids, shall take duplicate samples thereof and shall seal
  both samples, and shall tender, and, if accepted, deliver one sample  to
  the person from whom the milk was taken. When samples are taken from the
  producer  of  the  milk  sampled or his agent, at a place other than the
  dairy where the milk was produced, the commissioner or his  agent  shall
  within  ten  days  thereafter,  with  the  consent of the producer, take
  duplicate samples of the mixed milk of the herd of cows from  which  the
  milk  first  sampled was drawn, and shall deliver one such sample to the
  producer or his agent and shall submit the other to  analysis.  If  upon
  analysis it proves to contain no higher percentage of milk solids, or no
  higher  percentage of fat, or has no lower freezing temperature than the
  sample first taken, then no action shall lie against  the  producer  for
  violation  of  standards  as established by the commissioner pursuant to
  the provisions of section forty-six-a. If the producer refuses to  allow
  such  herd sample to be taken, then the producer shall be precluded from
  offering any evidence that the milk from  which  the  first  sample  was
  taken  was just as it came from the cow. Where a sample of milk taken by
  the commissioner or his agent consists  of  the  entire  contents  of  a
  container  unopened at the time of taking, no duplicate need be taken or
  tendered or delivered.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 52 - Presumptions in Regard to Cream and Skim Milk.

§ 52. Presumptions  in  regard  to cream and skim milk.  When cream is
  separated or skimmed from milk at any  station  or  establishment  where
  milk  is  received from producers for the purpose of selling the same or
  shipping the same to market for consumption as food and  the  supply  of
  milk  on  hand thereat at the time of the next regular daily shipment of
  milk therefrom, consisting of the total amount of milk in such shipment,
  together with that remaining on hand immediately after such shipment, is
  not thereby decreased or correspondingly less than  the  total  quantity
  received during any period extending from some point of time before such
  skimming  was  done  until  the time of such shipment, together with the
  amount of milk on hand at the commencement  of  such  period,  and  such
  decrease  is  not equal in amount to the quantity of milk that must have
  been used in so separating  such  cream  in  addition  to  the  quantity
  otherwise  there  used  or  disposed of during such period, such fact is
  conclusive that skim milk or other foreign substance was added  to  such
  milk  supply within such period and shall be presumptive evidence within
  the meaning of this section that the same  was  added  to  each  can  or
  vessel  of  milk  in  such shipment. When cream or skim milk is found to
  have been on the premises of any such station  or  establishment  or  is
  sold  or  shipped therefrom, such cream or skim milk so found or so sold
  or shipped  therefrom  shall  be  presumed  to  have  been  produced  by
  separating  or  skimming at such station or establishment. In any action
  or proceeding relative to the adulteration of  milk  by  removing  cream
  therefrom  or  adding  skim  milk or other foreign substance thereto, it
  shall be presumed that when cream has been produced by  so  skimming  or
  separating or butter has been manufactured, there was made at least five
  quarts  of milk in the production of each quart of cream so produced and
  there was necessarily so produced thereby at least four quarts  of  skim
  milk  to  each  quart  of  cream so produced, and that there was used at
  least nine quarts of milk in the production of each pound of  butter  so
  manufactured.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 55 - Skimmed Milk, Whey, Buttermilk or Milk Container or Plant Equipment Rinsings to Be Heated Before Being Used for Feeding.

§ 55. Skimmed  milk,  whey,  buttermilk  or  milk  container  or plant
  equipment rinsings to be heated before being  used  for  feeding.    Any
  person operating any butter factory, cheese factory or other milk plant,
  before  delivering  to  any person any skimmed milk, whey, buttermilk or
  milk container or plant equipment rinsings, to be used for  the  feeding
  of  domestic animals, shall cause such by-product to be uniformly heated
  to a temperature of not less than one hundred  and  forty-three  degrees
  Fahrenheit  and held at such temperature for at least thirty minutes, or
  to be uniformly heated to a  temperature  of  one  hundred  and  seventy
  degrees.  No  such  by-product shall be used for the feeding of domestic
  animals until heated as provided herein.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 56 - Determination of the Content of Milk And/or Cream Where Purchase or Settlement Therefor Is Made on the Basis of Such Content.

§ 56. Determination of the content of milk and/or cream where purchase
  or  settlement  therefor  is  made on the basis of such content.  1. The
  commissioner shall,  after  public  hearing,  prescribe,  by  rules  and
  regulations,  the  methods,  equipment,  and  procedures,  including the
  calibration and use of electronic equipment,  which  shall  be  used  in
  determining  the percentage of the components of milk and/or cream where
  the result of such determination is to be used wholly, or in part, as  a
  basis for payment or settlement for such milk and/or cream, or where the
  proceeds   of   co-operative   creameries   or  such  milk-receiving  or
  manufacturing plants are allotted on the basis of the determination of a
  component or components of milk, or where the result  of  such  test  is
  used for the purpose of official inspection or for public record.
2.  Whenever the amount of a milk component or components contained in
  milk and/or cream is used wholly or in part as a basis  for  payment  or
  settlement  for  such  milk and/or cream, or whenever such component, or
  components, of milk and/or cream are made a matter of public  record  or
  official  inspection,  no  person  or  persons  shall report or record a
  greater  or  lesser  percentage  or  average  percentage  of  such  milk
  component  than  is  actually  contained  in such milk and/or cream. The
  commissioner or persons employed by him for that purpose may at any time
  inspect the equipment and assist in making tests of  milk  and/or  cream
  received  at any milk-receiving or manufacturing plant or other place of
  testing for the purpose of determining the accuracy of tests so made.
3. Any person or persons using other than the  method,  equipment  and
  procedures  prescribed  by the commissioner pursuant to this section, or
  crediting any patron delivering milk and/or  cream  with  a  greater  or
  lesser  percentage  or  average  percentage  of a milk component than is
  actually contained in  such  milk  and/or  cream  so  delivered  and  as
  determined  by such prescribed method or methods shall be deemed to have
  violated the provisions of this chapter.
4. For the purposes of this article, components of milk or cream shall
  include non-fat solids, milk fat,  protein,  lactose  and  total  solids
  contained in milk or cream.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 56-B - Determination of Bacteria in Milk And/or Cream Where Purchase or Settlement Is Made Therefor on the Basis of Bacterial Count.

§ 56-b. Determination  of bacteria in milk and/or cream where purchase
  or settlement is made therefor on  the  basis  of  bacterial  count.  In
  milk-receiving  or  manufacturing  plants and other places using methods
  approved by the commissioner for determining the bacterial count in milk
  and/or cream, where the result of  such  determination  is  to  be  used
  wholly  or in part as a basis for payment or settlement for such milk or
  cream,  or  where  the  proceeds  of  co-operative  creameries  or  such
  milk-receiving  or manufacturing plants are allotted on the basis of the
  bacterial  count,  no  pipette  or  syringe  shall  be  used   in   such
  determination unless the same has been legibly and indelibly marked with
  the  letters  "N.  Y."  by  the  commissioner  or by his duly authorized
  representative. No such pipette or syringe shall be so marked unless  it
  has been found upon examination to be so constructed and graduated as to
  deliver  accurately the amount of liquid required for the determination.
  The provisions of this article, however, shall not preclude the use of a
  pipette already marked "S. B." or "N. Y.", by the director  of  the  New
  York state agricultural experiment station.
Whenever  the bacterial count of such milk and/or cream is used wholly
  or in part as a basis for payment or settlement  for  such  milk  and/or
  cream, or whenever the bacterial count affects the classification of the
  milk  and/or  cream  as received from the producer, or the acceptance or
  rejection of such milk and/or cream by the operator of a  milk-receiving
  or  manufacturing  plant,  no person or persons shall report or record a
  larger or smaller bacterial count  than  that  obtained  by  the  actual
  examination  of  the milk and/or cream so delivered by the producer. The
  commissioner or persons employed by him for that purpose may at any time
  inspect the equipment and assist in  making  bacterial  counts  of  milk
  and/or  cream  received  at any milk-receiving or manufacturing plant or
  other place where counts are made for the  purpose  of  determining  the
  accuracy of the counts so made.
Any person or persons using other than the properly marked pipettes or
  syringes  or  crediting  any  patron delivering milk and/or cream with a
  larger or smaller bacterial count than that obtained by the actual count
  of the bacteria in the milk and/or cream so delivered and as  determined
  by the method or methods approved by the commissioner shall be deemed to
  have violated the provisions of the agriculture and markets law.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 57-A - Licensing of Persons Making Bacterial Counts of Milk And/or Cream or Making Tests of Milk And/or Cream to Detect Certain Abnormalities.

§ 57-a. Licensing  of  persons  making bacterial counts of milk and/or
  cream  or  making  tests  of  milk  and/or  cream  to   detect   certain
  abnormalities.  No  person  shall  test  milk  and/or  cream in order to
  determine the bacterial or  leucocyte  count  or  make  other  tests  to
  determine the presence or absence of abnormal milk, where the results of
  such  test  affects  the  rate  of payment to the producer for such milk
  and/or cream, the classification of milk and/or cream as  received  from
  the  producer,  or the acceptance or rejection of such milk and/or cream
  by the operator of  a  milk-receiving  or  manufacturing  plant,  unless
  licensed by the commissioner. Application for such license shall be made
  upon  a form prescribed by the commissioner. The applicant shall furnish
  satisfactory evidence of good moral character, and shall demonstrate his
  ability to make such tests by an examination under the direction of  the
  commissioner.  A license shall be for a period not exceeding five years.
  A license may be renewed in the discretion of the commissioner,  without
  an examination, for successive periods of not exceeding five years each.
Each  license shall be kept at the place where the licensee is engaged
  in testing milk and/or cream and shall be open to inspection.
A license may be revoked by the commissioner, after a hearing upon due
  notice to the licensee, for dishonesty, incompetency,  inaccuracy  or  a
  violation of the provisions of this article.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 59 - Powers of the Department Concerning Oleomargarine.

§ 59. Powers   of   the  department  concerning  oleomargarine.    The
  department through the commissioner shall have power and it shall be its
  duty to:
1. Investigate, inspect and supervise the sale and exposure  for  sale
  of oleomargarine for home consumption.
2.  Investigate,  inspect and supervise the sale and serving in public
  eating places of oleomargarine.
3. Make and enforce reasonable rules and regulations implementing  the
  provisions  of  this chapter relating to the manufacture, production and
  sale of oleomargarine.
Nothing contained in this section shall  be  deemed  or  construed  to
  limit  in  any  way  the  effect  of any other provision of this chapter
  conferring a power or  imposing  a  duty  upon  the  department  or  the
  commissioner.
2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 62 - Coloring Matter, Dairy Terms, Size of Package, Labeling, False Advertising.

§ 62. Coloring  matter,  dairy terms, size of package, labeling, false
advertising. No person, manufacturing with intent to sell, any substance
or article to be used as a substitute for cheese and which is  not  made
exclusively  from  unadulterated  milk or cream or both, with or without
salt or rennet or both but into which any animal,  intestinal  or  offal
fats,  or  any  oils  or  fats  or  oleaginous substance of any kind not
produced from pure, unadulterated milk or cream, or  into  which  melted
butter,  or  butter in any condition or state or any modification of the
same, or lard or tallow  shall  be  introduced,  shall  add  thereto  or
combine  therewith  any  annatto  or compounds of the same, or any other
substance or substances whatever, for the purpose or with the effect  of
imparting  thereto  a  color  resembling  yellow, or any shade of yellow
cheese, nor introduce any such coloring matter or other  substance  into
any   of  the  articles  of  which  the  same  is  composed.  No  person
manufacturing, selling or offering for sale any oleaginous substance not
made from pure milk or cream from the same, designed to take  the  place
of  butter, shall make or sell the same under any brand, device or label
bearing words indicative of cows or the product  of  the  dairy  or  the
names of breeds of cows or cattle, nor use terms indicative of processes
in  the dairy in making or preparing butter; no oleaginous substance not
made from pure milk or cream from the same, designed to take  the  place
of  butter, shall hereafter be sold, offered or exposed for sale in this
state unless
(1) such substance is packaged,
(2) the net weight of the contents of any package thereof  sold  in  a
retail establishment is one pound or less,
(3)   there  appears  on  the  label  of  the  package  (a)  the  word
"oleomargarine" or "margarine" in type or lettering at least as large as
any lettering on such label, (b) a statement of the net  weight  of  the
contents  of  the  package, and (c) a full and accurate statement of the
ingredients contained in such substance, and
(4) each part of the contents of the package is contained in a wrapper
which  bears  the  words  "oleomargarine"  or  "margarine"  in  type  or
lettering not smaller than twenty point type.
No  person,  firm,  association  or  corporation shall, in connection or
association with the sale or exposure for sale, advertisement, or on the
package, of any substance designed  to  be  used  as  a  substitute  for
butter,  represent  or suggest by any means whatever that such substance
is a dairy product, except that nothing herein contained  shall  prevent
an  accurate  statement  of  any  of  the  ingredients contained in such
substance.