2023 New York Laws › AGM - Agriculture and Markets › Article 16 - Weights and Measures › 190 - Method of Sale of Food and Food Products.

§ 190. Method  of  sale  of  food  and food products. 1. Definition of
  "food" and "food product." The terms "food" and "food product," as  used
  in  this  section,  shall  include all material, solid, liquid or mixed,
  whether simple or compound, used or intended for  consumption  by  human
  beings  or  domestic  animals  normally kept as household pets and shall
  also include all substances or ingredients to be added thereto  for  any
  purpose.
2.  All  food and food products which are sold, offered or exposed for
  sale by wholesalers, packers, distributors or jobbers shall be sold,  or
  offered or exposed for sale by net weight, standard measure or numerical
  count  and  shall  be  plainly  marked, in such form or manner as may be
  prescribed by the commissioner, by such person offering the food or food
  products  for  sale  except  that,  unless  required  pursuant  to   the
  provisions  of  section two hundred fourteen-o of this chapter, it shall
  not be necessary to so mark meat, meat  products  or  fish,  other  than
  shellfish  in  natural  form,  provided  the  net  weight be stated on a
  written invoice and on the shipping container of the meat, meat  product
  or fish.
3.  All  food and food products which are sold, offered or exposed for
  sale at retail and which are not in containers, shall be  sold,  offered
  or  exposed  for sale by net weight, standard measure or numerical count
  under such regulations as may be prescribed by the commissioner.
4. All food and food products which are packaged  or  wrapped  by  the
  retailer,  and  all food and food products which are packaged or wrapped
  in random weight, measure or  count  in  advance  of  being  offered  or
  exposed  for  sale at retail shall be accurately marked, in such form or
  manner as may be prescribed  by  the  commissioner,  with  (a)  the  net
  weight,  standard  measure or numerical count; (b) the selling price per
  pound or unit of standard measure  and  (c)  the  total  selling  price.
  Provided  that  in the case of food or food products packed at one place
  for subsequent shipment to and sale at another,  the  price  and  weight
  sections  of the label may be left blank, to be filled in prior to being
  offered or exposed for sale at retail.
5. Wherever food or food products are packaged or wrapped for sale  by
  a  retailer in advance of being sold, or offered or exposed for sale, an
  accurate computing scale of sufficient  capacity  shall  be  maintained.
  Such scale shall be placed as to be easily accessible to customers and a
  prominent  and  conspicuous  sign  reading  "for  customer use" shall be
  displayed on or near such scale.
6. The provisions of this  section  shall  not  apply  to  commodities
  dispensed   for   consumption  on  the  premises,  or  to  packaging  or
  receptacles used merely for  the  purposes  of  carrying  or  delivering
  commodities  or  containers  which  comply  with  the provisions of this
  section, or to a commodity in a container if the container contains  (a)
  in  the  case  of a commodity not a drug or cosmetic, less than one-half
  ounce avoirdupois, less than one-half fluid ounce  or  less  than  seven
  units,  (b)  in the case of a drug, less than seven units, or (c) in the
  case of a cosmetic, less than one-fourth ounce  avoirdupois,  less  than
  one-eighth  fluid ounce or less than seven units. The commissioner shall
  by regulation prescribe comparable metric quantities for the  exceptions
  provided  by  this subdivision. The exceptions involving declarations in
  terms of count shall be permitted only if the  units  of  commodity  can
  easily be counted without opening the container.