2023 New York Laws › AGM - Agriculture and Markets › Article 4 - Dairy Products. › 61 - Manufacture, Sale, and Use of Oleomargarine.

§ 61. Manufacture,  sale,  and  use  of oleomargarine. 1. Definitions.
For the purposes of this section, the following  terms  shall  have  the
following meanings:
(a)  "Person"  means  any  person,  firm,  corporation, copartnership,
association, co-operative corporation,  or  unincorporated  co-operative
association.
(b)  "Oleomargarine"  or  "margarine"  means any oleaginous substance,
sold or exposed for sale, as a substitute for, or to take the place  of,
or  used  for  the  same  purpose  or  purposes as butter, or having the
appearance, odor, or taste which is similar to butter, and which is  not
made  exclusively  of milk or cream, or any substance into which any oil
or fat other than that obtained from milk or cream has  been  introduced
to  take  the place of butterfat. The terms include oleomargarine of any
shade or color.
(c) "Public eating place" means any hotel, boarding house, restaurant,
saloon, lunch counter, place of public entertainment or any other  place
where  prepared  or  cooked  food  is offered for sale to the public for
consumption on  the  premises.  When  a  hotel  or  other  establishment
operates  more  than  one  public eating place, each such place shall be
deemed to be a separate public eating  place.  It  shall  be  deemed  to
include  camps,  dude ranches, and other similar establishments operated
for profit even though restricted to a certain age, or other distinctive
group, but shall not be  deemed  to  include  religious,  charitable  or
private camps.
2.  Fat standard. Oleomargarine manufactured, sold, offered or exposed
for sale shall contain not less than eighty per centum of fat.
3. Notice to consumers. Consumers shall be given notice of the use  of
oleomargarine in public eating places under the following conditions and
in the following manners.
(a)  If  oleomargarine is served directly to the customer or is placed
on the table or counter where the customer  is  served  notice  of  such
serving shall be given.
(b)  If  oleomargarine  is  served  in such a manner that the customer
cannot identify it, notice of such serving  shall  be  given,  provided,
however,  that  use  of  oleomargarine in preparation of cooked or other
foods, in which the identity of the oleomargarine  is  lost,  shall  not
require notice.
(c)  Form of notice. Notice shall be given in such a manner that it is
likely to be seen and understood by each person  being  served.  If  the
public  eating  place  is such that a single sign can be readily seen by
each person being served,  such  sign  shall  be  sufficient;  otherwise
notice  shall  be given by signs so located that one can be seen by each
customer, or by notice on menus given to each customer.
(d) Wording of notice. If oleomargarine is served  on  the  tables  or
counters   where  customers  are  served,  the  notice  shall  read  as,
"Oleomargarine  served  here"  or  "margarine  served  here",  provided,
however,  that  if  the oleomargarine is not served or used in any other
manner  notice  may  be  given  by  a  label  on  or  accompanying   the
oleomargarine  and identifying it as such. If oleomargarine is served in
other ways, the notice shall be the same as hereinabove provided, or may
specify the food or foods with which the oleomargarine is served.
4. Rules and regulations. The commissioner is  authorized,  after  due
notice and hearing, to issue such rules and regulations as are necessary
to carry out the provisions of this section.