reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter F - MARKETING OF AGRICULTURAL PRODUCTS (ARTICLE 25 AGRICULTURE AND MARKETS LAW) › Part 205 - New York State Cabbage Research And Development Program › Section 205.11 - Disbursement of funds

Current through Register Vol. 46, No. 28, July 10, 2024
Disbursement of funds shall be made in the manner described
					 in the rules and regulations promulgated by the commissioner to effectuate the
					 provisions and intent of the act, and in accordance with the provisions of this
					 program.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter F - MARKETING OF AGRICULTURAL PRODUCTS (ARTICLE 25 AGRICULTURE AND MARKETS LAW) › Part 205 - New York State Cabbage Research And Development Program › Section 205.12 - Termination and periodic referendum

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This marketing order may be terminated or
				  suspended pursuant to the provisions of article 25 of the Agriculture and
				  Markets Law and the rules and regulations promulgated by the commissioner
				  thereto.
(b) At least once during
				  each six-year period that the order is in effect, the commissioner shall
				  conduct a referendum of cabbage growers in the area affected to substantiate
				  approval of the order and, provided further, in the event a petition to
				  terminate or suspend the order is exercised as provided herein, a new six-year
				  period will begin the first of July, following the date of the commissioner's
				  certification of the approval of the order.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter F - MARKETING OF AGRICULTURAL PRODUCTS (ARTICLE 25 AGRICULTURE AND MARKETS LAW) › Part 205 - New York State Cabbage Research And Development Program › Section 205.13 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This order shall take effect on July 1, 1999 or on the date
					 of publication in the State Register, (8-11-99) whichever is
					 later.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter F - MARKETING OF AGRICULTURAL PRODUCTS (ARTICLE 25 AGRICULTURE AND MARKETS LAW) › Part 205 - New York State Cabbage Research And Development Program › Section 205.14 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
Any grower whose aggregate number of planted acres of
					 cabbage in production in the marketing season is less than five shall be exempt
					 from reporting and payment for that marketing season.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IV - Markets › Subchapter F - MARKETING OF AGRICULTURAL PRODUCTS (ARTICLE 25 AGRICULTURE AND MARKETS LAW) › Part 206 - Designation Of Farm, Apple And Cuisine Trails › Section 206.1 - Cooperstown cuisine trail

Current through Register Vol. 46, No. 28, July 10, 2024
The Cooperstown Cuisine Trail, promoted as the Cooperstown
					 Beverage Trail, is hereby described as: beginning at exit 17 of Interstate 88,
					 northerly on NY Route 28 to Cooperstown, (approximately 17.3 miles); westerly
					 on NY Route 28/NY Route 80 to the junction of NY Route 51; southerly on NY
					 Route 51 to Garrattsville (approximately 19.7 miles) for an overall length of
					 37 miles.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.1 - Type approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Except as provided in subdivision (d) of this section, no person shall sell or
				use a commercial weighting or measuring device in the State of New York unless
				the device is approved by the Commissioner of Agriculture and Markets. The
				commissioner shall grant approval if, after examining a representative sample
				of the design or pattern of the device, he or she determines that it conforms
				to the requirements set forth in section
				220.2 
				of this Part. The commissioner may accept a certificate of conformance issued
				for such device, pursuant to the National Type Evaluation Program, by the
				National Conference on Weights and Measures, as proof of conformance, in lieu
				of such examination.
(b) Any change
				or modification in such approved device that may affect its performance or
				otherwise result in a departure from the requirements set forth in section
				220.2 
				of this Part must be approved by the commissioner before sale or use in this
				State.
(c) When the commissioner
				has approved the device, such approval shall be accepted by all local
				jurisdictions and no other approval shall be required or permitted. A
				certificate of approval may be revoked by the commissioner at any time if the
				device fails to meet performance or other technical requirements set forth in
				section
				220.2 
				of this Part.
(d) Notwithstanding
				the provisions of subdivisions (a) through (c) of this section to the contrary,
				the following devices may be sold and/or used without having been approved by
				the commissioner.
Device Type Handbook 44 Code Reference
Weights Section
				  2.23
Liquid Measures Section 4.41
Farm Milk Tanks Section 4.42
Measure Containers Section 4.43
Dry Measures Section 4.45
Berry Baskets and Boxes Section 4.46
Wire- and Cordage-Measuring Devices Section 5.51
Linear Measures Section 5.52
Odometers Section 5.53
Timing Devices Section 5.55
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.3 - Schedules of maximum fees permitted for inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following fee schedule sets forth the
				maximum amounts that municipal directors of weights and measures in
				municipalities having a population of less than two million inhabitants may
				collect for each inspection[FN1] (or reinspection after repair) and each
				testing (or retesting after repair) of all weights and measures, weighing and
				measuring devices and systems and related accessories within their
				jurisdictions.
(1) Scales.
(i) Up to and including 15 kg (33 lb)
				capacity:
(a) for each of the first five
				scales per establishment............$ 20
(b) for each scale per establishment after
				the first five............10
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.4 - Schedule of fees for state weights and measures calibration

Current through Register Vol. 46, No. 28, July 10, 2024
The following schedule of fees may be the amounts that shall
				  be charged for any calibration performed by State weights and measures
				  personnel, upon the standards of weights and measures of any person, firm or
				  corporation requesting calibration services:
(a) Mass standards.
(1) Calibration of field standards:
(i) Test kits 1-18 weights, largest weight
				not exceeding 5 kg (11 lb)............$45
(ii) Test kits over 18 weights, largest
				weight not exceeding 5 kg (11 lb)............85
(iii) Up to and including 3 kg (7
				lb)............10
(iv) Over 3 kg
				and including 30 kg (66 lb)............15
(v) Over 30 kg and including 1,200 kg (2,646
				lb)............35
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.5 - Frequency of inspection and testing of devices

Current through Register Vol. 46, No. 28, July 10, 2024
The following schedule sets forth the frequency that municipal
				  directors of weights and measures must inspect the following devices and
				  measures.
(a) Weighing devices. All
				commercially used weights and weighing devices and accessories shall be inspected
				and tested for accuracy at least once a year.
(b) Petroleum dispensing devices. All commercial petroleum
				  dispensing devices and accessories, except terminal meters, shall be inspected
				  and tested for accuracy at least once a year.
(c) Volumetric measures. All commercially used volumetric
				  measures shall be inspected and checked for accuracy at least annually and shall
				  be recalibrated at least once in every five years, except for bulk milk holding
				  tanks, which shall be calibrated upon installation and shall be recalibrated upon
				  request by either the producer or receiver, or whenever the weights and measures
				  official deems it necessary. When approved by the appropriate municipal director
				  of weights and measures, calibrations performed by the Federal Milk Market
				  Administration shall satisfy the requirements of this subdivision.
(d) Linear measures and linear measuring
				devices. All commercially used linear measures and linear measuring devices shall
				be inspected and tested for accuracy at least once annually.
(e) All devices and measures, including those set forth in this
				  section, may be tested by the appropriate weights and measures official whenever
				  they deem it necessary to ensure the accuracy of the device or measure.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.6 - Wheel-load weighers and portable axle-load scales; records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No device shall
				be approved unless it shall meet the specifications and tolerances prescribed
				in the National Bureau of Standards Handbook 44 as adopted by the commissioner,
				except that the basic maintenance and basic acceptance tolerance shall be two
				percent of the known test load.
(b)
				Whenever wheel-load weighers or portable axle-load scales are tested by the
				department, the Bureau of Weights and Measures shall prepare and maintain the
				records and prepare and issue the certificates prescribed in subdivisions (c)
				and (d) of this section. When two individual wheel-load weighers are marked as
				a pair, they shall be tested and certified as a pair, and tolerances shall be
				applied to the combined indications.
(c) The bureau shall record the name of the
				person or agency requesting such test, the serial numbers and type or model of
				each device tested, the date of and the result of such test and the person or
				persons performing such test, in a central register maintained in the
				bureau.
(d) In addition to the book
				of registry, the bureau shall prepare a certificate containing the information
				described in subdivision (c) of this section each time a device is tested. The
				original of such certificate shall be maintained in the bureau, and a duplicate
				original copy thereof shall be issued to the person or agency requesting such
				test.
(e) The bureau shall use the
				increasing-load test method in testing wheel-load weighers and portable
				axle-load scales. When using certified test weights, devices shall be verified
				at intervals not greater than 5,000 pounds. When using a force standard, the
				device shall be verified at a minimum of four test points between 7,500 pounds
				and capacity.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.7 - Farm milk tanks

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Foundation. The foundation for a farm milk tank shall be constructed with due
				consideration of frost penetration and shall be of sufficient strength to
				support the fully liquid-laden tank without change of level.
(b) Head space. The distance between the top
				of the milk tank and the ceiling shall not be less than 36 inches. The minimum
				acceptable dimensions for a recessed ceiling are five feet by five feet, and
				the recessed area of the ceiling shall be positioned off center in such a
				manner that the maximum area is available for placing the test equipment. This
				subdivision shall apply only to farm milk tanks installed on or after March 1,
				1979.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.10 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
Each municipal director of weights and measures shall
				  maintain the following records and submit the following reports in a manner
				  prescribed by the State Director of Weights and Measures. All such records and
				  reports shall be available for inspection and review by the Commissioner of
				  Agriculture and Markets or his authorized agents.
(a) Annual report. A verified annual report
				of work completed during the year shall be made to the commissioner not later
				than the first day of February in the following year.
(b) Record of establishments and devices. A
				complete record of establishments and commercial weighing and measuring devices
				within the municipal jurisdiction shall be maintained.
(c) File of inspections. A file of inspection
				reports shall be maintained in accordance with instructions of the State
				director.
(d) Record of complaints.
				A complete record of all complaints received and results of complaints
				investigated shall be maintained.
(e) Records of fees collected. Where fees are
				charged, a complete and accurate record, by device classification, of all fees
				collected by the municipality shall be maintained.
(f) Civil action and penalties collected. A
				complete and accurate record shall be maintained of all civil actions
				commenced, civil penalties released, settled or compromised, and moneys
				collected by the municipality as a result of civil action.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.11 - Retail scales

Current through Register Vol. 46, No. 28, July 10, 2024
Scales used in the retail sale of the commodities listed
				  below shall be graduated in the units listed and shall have displayed scale
				  divisions equal to or smaller than the maximum division size. If the device is
				  marked with a class designation, the scale shall be of the class listed.
Maximum
Handbook
division
44
Commodity
Units
size
class
Precious gems
gram
.002 g
II
(diamonds, rubies, etc.)
carat
.01 carat
II
Semiprecious gems
gram
.2 g
III
carat
.1 carat
III
pennyweight
.2 dwt
III
ounce troy
.01 oz t
III
Precious metals
gram
.2 g
III
(gold, silver, etc.)
pennyweight
.2 dwt
III
ounce troy
.01 oz t
III
Pharmaceuticals
gram
.01 g
III
grain
.1 grain
Food and food products
gram
5 g
III
kilogram
.005 kg
III
pound
.01 lb
III
pound/ounce
1 oz
III
Nonfood/specialty items
gram
5 g
III
(tobacco, potpourri, etc.)
kilogram
.005 kg
III
pound
.01 lb
pound/ounce
1/4 oz
III
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.12 - Schedule of fees for type approval examination

Current through Register Vol. 46, No. 28, July 10, 2024
The following schedule shall be the amounts that may be
				  charged for type approval examinations undertaken upon the request of any
				  person, firm, or corporation:
(a)
Laboratory evaluation.
(1) A fee
				of $75 per hour for examination of any device in the State
				laboratory.
(2) A fee of $100 for
				processing an application for approval when the examination has been conducted
				at another national type evaluation program laboratory.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.13 - Administrative review of condemnation, stop-use, stop-removal and removal orders

Current through Register Vol. 46, No. 28, July 10, 2024
Administrative review of condemnation, stop-use, stop-removal
				  and removal orders shall be provided and shall be available as follows:
(a) for orders issued by the Department of
				Agriculture and Markets, upon receipt of a written request for administrative
				review of such order made within five business days from issuance of the order,
				the department will, within three business days from the date of receipt of the
				request, provide for administrative review of the order by or before an
				independent hearing officer of the Department of Agriculture and Markets. A
				written request for review shall be directed to the Director, Bureau of Weights
				and Measures, Department of Agriculture and Markets, Albany, NY
				12235-0001;
(b) for orders issued
				by any local weights and measures official, review of such order may be
				obtained upon written request made within five business days from the date of
				such order directed to the local director of weights and measures. Within three
				business days from the date of receipt of a written request for such review,
				the administrative review shall be conducted by an officer designated by the
				appropriate municipal official, provided that the officer so designated shall
				not be a person responsible for administration and enforcement of the
				locality's weights and measures program.
All condemnation, stop-use, stop-removal and removal orders
				  shall contain a notice that an administrative review of such order is available
				  upon timely written request. The notice shall read substantially as
				  follows:
NOTICE
YOU HAVE THE RIGHT TO ADMINISTRATIVE REVIEW OF THIS ORDER. TO
				  OBTAIN REVIEW, SEND A WRITTEN REQUEST POST-MARKED WITHIN FIVE (5) BUSINESS DAYS
				  FROM THE DATE OF THIS ORDER TO (insert name and address). YOUR REQUEST SHOULD
				  SET FORTH ANY INFORMATION WHICH YOU BELIEVE SUPPORTS WITHDRAWAL OR MODIFICATION
				  OF THE ORDER.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 220 - Administrative and General Requirements › Section 220.14 - Testing procedures for price verification

Current through Register Vol. 46, No. 28, July 10, 2024
The testing procedures for pricing accuracy shall be those
				  adopted by the 80th National Conference on Weights and Measures and published
				  in the National Institute of Standards and Technology Handbook 130, 2006
				  edition. "Examination Procedure for Price Verification". This document is
				  available from the National Conference on Weights and Measures, 15245 Shady
				  Grove Road, Rockville, MD 20850, or the Superintendent of Documents, U.S.
				  Government Printing Office, Washington, DC 20402. It is available for public
				  inspection and copying in the office of the Director of Weights and Measures,
				  Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or
				  in the office of the Department of State, 41 State Street, NY
				  12231.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.1 - Packaging and labeling regulation; application

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions in this Part shall apply to packages and to
				  commodities in package form, but shall not apply to:
(a) inner wrappings not intended to be
				individually sold to the customer;
(b) shipping containers or wrapping used
				solely for the transportation of any commodities in bulk or in quantity to
				manufacturers, packers, or processors, or to wholesale or retail distributors,
				but in no event shall this exclusion apply to packages of consumer or
				nonconsumer commodities, as defined herein;
(c) auxiliary containers or outer wrappings
				used to deliver packages of such commodities to retail customers if such
				containers or wrappings bear no printed matter pertaining to any particular
				commodity;
(d) containers used for
				retail tray pack displays when the container itself is not intended to be sold
				(e.g., the tray that is used for display of individual envelopes of seasonings,
				gravies, etc.); or
(e) open
				carriers and transparent wrappers or carriers for containers when the wrappers
				or carriers do not bear any written, printed or graphic matter obscuring the
				label information required by this regulation.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.3 - Declaration of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Consumer package. A declaration of identity on a consumer package shall appear
				on the principal display panel and shall identify the commodity in the package
				by its common or usual name, description, generic term, or the like. Such
				declaration shall appear generally parallel to the base on which the package
				rests as it is designed to be displayed.
(b) Nonconsumer package. A declaration of
				identity on a nonconsumer package shall appear on the outside of a package and
				shall identify the commodity in the package by its common or usual name,
				description, generic term or the like.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.4 - Declaration of responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any packaged commodity, kept, offered or
				exposed for sale, or sold at any place other than on the premises where packed,
				shall specify conspicuously on the label of the package, the name and address
				of the manufacturer, packer or distributor. The name shall be the actual
				corporate name, or when not incorporated, the name under which the business is
				conducted. The address shall include street address, city, state (or country if
				outside the United States) and ZIP code (or the mailing code, if any, used in
				countries other than the United States); however, the street address may be
				omitted if it is listed in any readily accessible, well-known, widely
				published, and publicly available resource, including but not limited to a
				printed directory, electronic database, or website.
(b) If a person manufactures, packs or
				distributes a commodity at a place other than his principal place of business,
				the label may state the principal place of business in lieu of the actual place
				where the commodity was manufactured or packed or is to be distributed, unless
				such statement would be misleading. Where the commodity is not manufactured by
				the person whose name appears on the label, the name shall be qualified by a
				phrase that reveals the connections such person has with such commodity, such
				as "manufactured for and packed by. . . . .," "distributed by. . . . .," or any
				other wording of similar import that expresses the facts.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.5 - Declaration of quantity; consumer packages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. The International System of
				Units (SI) known as the metric system and units of the customary system of
				weights and measures are jointly recognized, and units of either one of these
				systems may be used in a declaration of quantity. However, customary
				equivalents to metric sizes must be presented on commodities until such time as
				the Federal Fair Packaging and Labeling Act is amended and the commissioner
				deems the consumer is adequately prepared for the sole use of metric
				declarations.
(b) Largest whole
				unit. Where this regulation requires that the quantity declaration be in terms
				of the largest whole unit, the declaration shall, with respect to a particular
				package, be in terms of the largest whole unit of weight or measure, with any
				remainder expressed in:
(1) common or decimal
				fractions of such largest whole unit; or
(2) the next smaller whole unit, or units,
				with any further remainder in terms of common or decimal fractions of the
				smallest unit present in the quantity declaration.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.6 - Prominence and placement; consumer packages

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
All information required to appear on a consumer package
				  shall appear thereon in the English language and shall be prominent, definite
				  and plain, and shall be conspicuous as to size and style of letters and numbers
				  and as to color of letters and numbers in contrast to color of background. Any
				  required information that is either in hand lettering or hand script shall be
				  entirely clear and equal to printing in legibility.
(b)
Location.
The declaration or declarations of quantity of the contents
				  of a package shall appear in the bottom 30 percent of the principal display
				  panel, or panels. For cylindrical containers, see also section
				  221.8(g)  of this
				  Part for additional requirements.
(c)
Style of type or lettering.
The declaration or declarations of quantity shall be in such
				  a style of type or lettering as to be boldly, clearly, and conspicuously
				  presented with respect to other type, lettering, or graphic material on the
				  package, except that a declaration of net quantity blown, formed, or molded on
				  a glass or plastic surface is permissible when all label information is blown,
				  formed, or molded on the surface.
(d)
Color contrast.
The declaration or declarations of quantity shall be in a
				  color that contrasts conspicuously with its background, except that a
				  declaration of net quantity blown, formed, or molded on a glass or plastic
				  surface shall not be required to be presented in a contrasting color if no
				  required label information is on the surface in a contrasting color.
(e)
Free area.
The area surrounding the quantity declaration shall be free
				  of printed information:
(1) above and
				below, by a space equal to at least the height of the lettering in the
				declaration; and
(2) to the left
				and right, by a space equal to twice the width of the letter "n" of the style
				and size of type used in the declaration.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.7 - Declaration of quantity; nonconsumer packages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. Same as section
				221.5(a) 
				of this Part.
(b) Location. A
				nonconsumer package shall bear on the outside a declaration of the net quantity
				of contents. Such declaration shall be in terms of the largest whole unit (see
				section
				221.5[b] 
				of this Part).
(c) Terms--weight,
				liquid measure, or count. Same as section
				221.5(f) 
				of this Part.
(d) Metric
				units--weight, measure. Same as section
				221.5(h) 
				of this Part.
(e) Symbols. Same as
				section
				221.5(i) 
				of this Part.
(f) Customary
				units--weight, measure. Same as section
				221.5(j) 
				of this Part.
(g) Symbols and
				abbreviations. Same as section
				221.5(k) 
				of this Part.
(h) Character of
				declaration; average. Same as section
				221.5(s) 
				of this Part.
(i) Prominence and
				placement; nonconsumer packages; general. All information required to appear on
				a nonconsumer package shall be definitely and clearly stated thereon in the
				English language. Any required information that is either in hand lettering or
				hand script shall be entirely clear and equal to printing in
				legibility.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.8 - Requirements-specific consumer commodities, packages, containers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Display card package. For an individual
				package affixed to a display card, or for a commodity and display card together
				comprising a package, the type size of the quantity declaration is governed by
				the dimensions of the display card.
(b) Eggs. When cartons containing 12 eggs
				have been designed so as to permit division in half by the retail purchaser,
				the required quantity declaration shall be so positioned as to have its context
				destroyed when the carton is divided.
(c) Aerosols and similar pressurized
				containers. The declaration of quantity on an aerosol package, and on a similar
				pressurized package, shall disclose the net quantity of the commodity
				(including propellant), in terms of weight, that will be expelled when the
				instructions for use as shown on the container are followed.
(d) Multi-unit packages. Any package
				containing more than one individual "commodity in package form" (see section
				221.2[a] 
				of this Part) of the same commodity shall bear on the outside of the package a
				declaration of:
(1) the number of individual
				units;
(2) the quantity of each
				individual unit; and
(3) the total
				quantity of the contents of the multi-unit package; provided, that any such
				declaration of total quantity shall not be required to include the
				parenthetical quantity statement of a dual quantity representation.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.9 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
				Whenever any consumer commodity or package of consumer commodity is exempted
				from the requirements for dual quantity declaration, the net quantity
				declaration required to appear on the package shall be in terms of the largest
				whole unit (except see section
				221.8(d)(3) 
				of this Part. Except where additional exemptions are otherwise provided herein,
				all metric labeling requirements set forth in these regulations shall apply
				only to labels revised after the effective date of this Part.
(b) Random packages. A random package bearing
				a label conspicuously declaring the net weight, the price per kilogram or pound
				and the total price shall be exempt from the type, size, placement, and free
				area requirements of this regulation.
(1) In
				the case of a random package packed at one place for subsequent sale at
				another, neither the price per unit of weight nor the total selling price need
				appear on the package, provided the package label includes both such prices at
				the time it is offered or exposed for sale at retail. This exemption shall also
				apply to uniform weight packages of cheese and cheese products labeled in the
				same manner and by the same type of equipment as random packages exempted by
				this section.
(2) In the case of a
				random package offered for indirect sale (that is, via e-commerce, online,
				phone, fax, catalogue, or similar methods), neither the price per unit of
				weight nor the total selling price need appear on the package if:
(i) the unit price is set forth and
				established in the initial product offering;
(ii) the maximum possible net weight, unit
				price, and maximum possible price are provided to the customer by order
				confirmation when the product is ordered; and
(iii) when the product is delivered, the
				customer receives a receipt bearing the identity, net weight, unit price and
				total price.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.10 - Packaging variations to be allowed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For food and food products (other than
				meats, meat food products and poultry), the declaration of net quantity of
				contents shall express an accurate statement of the quantity of contents of the
				package. Reasonable variations caused by loss or gain of moisture during the
				course of good distribution practice or by unavoidable deviations in good
				manufacturing practice will be recognized. Variations from stated quantity of
				contents shall not be unreasonably large.
(b) For meats, meat food products and
				poultry, the statement of net quantity of contents, as it is shown on a label,
				shall not be false or misleading and shall express an accurate statement of the
				quantity of contents of the container exclusive of wrappers and packaging
				substances. Reasonable variations caused by loss or gain of moisture during the
				course of good distribution practices or by unavoidable deviations in good
				manufacturing practice will be recognized. Variations from stated quantity of
				contents shall not be unreasonably large.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.11 - Test procedures, magnitude of permitted variations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The test procedures for testing packaged
				commodities shall be those contained in National Institute of Standards and
				Technology Handbook 133, 2020 Edition, Checking the Net Contents of Packaged
				Goods, as adopted by the 104th National Conference
				on Weights and Measures. The document is available from the National Conference
				on Weights and Measures, 1135 M Street, Suite 110, Lincoln, NE 68508, or the
				Superintendent of Documents, U.S. Government Printing Office, Washington, DC
				20402. It is available for public inspection and copying in the office of the
				Director of Weights and Measures, 10B Airline Drive, Albany, NY 12235 or in the
				office of the Department of State, One Commerce Plaza, 99 Washington Avenue,
				Suite 650, Albany, NY 12231.
(b)
				The magnitude of variations permitted under section
				221.10  of the Part shall be those
				contained in the procedures and tables of National Institute of Standards and
				Technology Handbook 133, 2020 Edition, Checking the Net Contents of Packaged
				Goods, as adopted by the 104th National Conference
				on Weights and Measures.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.12 - Method of sale of commodities; general

Current through Register Vol. 46, No. 28, July 10, 2024
Commodities in liquid form shall be sold only by liquid
				  measure; however, commodities in liquid form must be sold by weight if the
				  commodity is semisolid, viscous or a mixture of solid and liquid; commodities
				  not in liquid form shall be sold only by weight, by measure of length or area,
				  or by count; commodities not in liquid form may be sold by count only if such
				  methods give accurate information as to the quantity of commodity sold; and
				  provided further, that the provisions of this section shall not apply:
(a) to commodities when sold for immediate
				consumption on the premises where sold (also see section
				221.13(b)(25)  of
				this Part, headed Ready-to-eat food);
(b) to vegetables when customarily sold by
				the head or bunch;
(c) to berries
				and small fruits when sold by dry measure in accordance with section
				221.13(a) 
				of this Part;
(d) to commodities in
				containers standardized by a law of this State or by Federal law;
(e) to commodities in package form when there
				exists a general consumer usage to express the quantity in some other
				manner;
(f) to concrete aggregates,
				concrete mixtures and loose solid materials such as earth, soil, gravel,
				crushed stone and the like, when sold by cubic measure;
(g) to unprocessed vegetable and animal
				fertilizer when sold by cubic measure; or
(h) to frozen desserts, in accordance with
				section
				221.13(b)(23) 
				of this Part.
(i) to bulk milk which
				must be sold by weight or weight based upon 8.6 pounds per gallon (1.03
				kg/L)
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.13 - Method of sale of specific commodities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Berries and small fruits. Berries and
				small fruits shall be offered or exposed for sale and sold by net weight or by
				dry measure in containers only in units of:
(1) 1/2 dry pt., 1 dry pt., 1 dry qt. and 2
				dry qt.; or
(2) 275 ml., 550 ml.,
				1.1 liter and 2.2 liter.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.14 - Net contents of containers to be indicated on the outside thereof

Current through Register Vol. 46, No. 28, July 10, 2024
When commodities are sold or offered for sale in containers
				  whose sizes are not otherwise provided by statute, the net quantity of the
				  contents of each container shall be plainly and conspicuously marked, branded
				  or otherwise indicated on the outside or top thereof or on a label or a tag
				  attached thereto in terms of weight, measure or numerical count as may be
				  prescribed by the commissioner; provided, however, that reasonable variations
				  shall be permitted.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.15 - Sales slips

Current through Register Vol. 46, No. 28, July 10, 2024
When a commodity not in a container is of such composition or
				  form that it is impossible or impracticable to place a marking on or attach a
				  tag or label to such commodity, a sales slip containing all the information
				  required to be furnished by this Part shall be delivered to the purchaser at
				  the time of the sale and in such case no other marking will be required. Such a
				  sales slip shall be entirely clear and equal to printing in
				  legibility.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.16 - Coin-operated devices

Current through Register Vol. 46, No. 28, July 10, 2024
Coin-operated devices which dispense time, commodities or
				  services must have a sign conspicuously posted stating name, address and
				  telephone number of the owner or operator of such devices. The telephone number
				  or numbers must be such that the owner, operator or his representative can be
				  contacted at any reasonable business hour. This section shall not apply to
				  devices owned and operated by any branch of government.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 222 - Municipal Standards, Equipment And Supplies › Section 222.1 - Municipal standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				municipality shall provide the municipal director with the fol- lowing
				necessary standard weighing and measuring devices:
(1) Weights (class F or better).
(i) Twenty 50 lb weights or 25 kg
				weights;
(ii) One 25 lb weight or
				10 kg weight;
(iii) One customary
				weight kit with capacity of at least 20 lb (except in New York City where the
				capacity may be at least 8 lb); and
(iv) One metric weight kit with capacity of
				at least 10 kg (except in New York City where the capacity may be at least 5
				kg).
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 222 - Municipal Standards, Equipment And Supplies › Section 222.2 - Equipment and supplies

Current through Register Vol. 46, No. 28, July 10, 2024
Each municipality shall provide the municipal director with
				  the following equipment and supplies:
(a) Official seals. The official seal shall
				be yellow in color, printed with dark blue lettering or shall be dark blue in
				color, printed with yellow lettering, of a vinyl material, and in a form and
				design approved by the commissioner. Other colors may be used as approved by
				the commissioner.
(b) Official
				condemning tags and labels. The official condemning tag and labels shall be red
				in color, printed with black lettering, of a material and in a form and design
				approved by the commissioner.
(c)
				Prescribed forms. The following prescribed forms shall be of a design and
				substantive content approved by the commissioner and shall be used when current
				supplies of forms are depleted:
(1) Device
				inspection;
(2) Fees for inspection
				of devices (if applicable);
(3)
				Commodity inspection;
(4) Stop use,
				stop removal and removal orders;
(5) Violations;
(6) Civil actions and civil penalties
				recovered;
(7) Complaints received
				and results of investigation ; and
(8) Retail pricing accuracy
				inspection.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 223 - Volumetric Measurement Of Cherries › Section 223.1 - Quantity determinations

Current through Register Vol. 46, No. 28, July 10, 2024
When persons, firms, or corporations voluntarily sell or
				  purchase cherries by volume suspended in water, the quantity determination
				  shall be made as follows:
(a) Cherries
				shall be held in a tank containing sufficient water to at least entirely cover
				the cherries at the time of measurement. The determination shall be made only
				after the cherries have been transported a distance of at least one-half mile
				in the tank and any ice used to cool the cherries has been removed.
(b) The determination shall be made at the
				time custody of the cherries is transferred from the grower to the buyer or an
				agent of the buyer.
(c) The
				determination shall be made using a standardized cherry measurement tank and a
				calibrated gauge rod, both of which shall meet the requirements of this
				Part.
(d) The determination shall
				be made only when the cherry measurement tank is in a level
				condition.
(e) The determination
				shall be made and recorded in terms of cubic feet and decimal fractions of a
				cubic foot, with no conversion to weight allowed.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 223 - Volumetric Measurement Of Cherries › Section 223.2 - Cherry measurement tanks

Current through Register Vol. 46, No. 28, July 10, 2024
Tanks used in the volumetric measurement of cherries shall be
				  as follows:
(a) A cherry measurement
				tank shall be designed to be in a normal operating position when it is in
				level.
(b) A tank shall be of the
				center reading type, that is, it shall be so designed that a gauge rod, when
				properly positioned for use, will be approximately in the vertical axis of the
				tank centrally positioned with respect to the tank walls.
(c) A tank shall be rectangular or square in
				design but its length shall not exceed its width by more than one
				third.
(d) The cross sectional area
				of a tank shall be constant at any level and the tank shall be so constructed
				that under any condition of lading it will not be distorted sufficiently to
				cause a change in the capacity at any level equal to more than 16 cubic inches.
				This requirement prescribes a limit on permissible distortion only, and is not
				to be construed as an additional tolerance to subdivision (h) hereof.
(e) A tank shall be of such material, design
				and construction that under normal handling it will maintain its rectangular or
				square design and required accuracy for a reasonable length of time.
(f) A tank shall be conspicuously and
				permanently marked to indicate the cubic capacity of the tank per inch depth
				throughout its measurement range.
(g) A tank manufactured and offered for sale
				after the effective date of this section shall be marked with a model number,
				serial number and the name and address of the manufacturer.
(h) The maintenance and acceptance tolerance
				on a tank with a capacity of 30 cubic feet or less shall be 150 cubic inches in
				excess or deficiency, that is, the cubical content at any point in the tank
				within the measurement range shall not differ more than 150 cubic inches from a
				calculated volume determined by multiplying the depth of the tank from that
				point by the indicated cubical capacity of the tank per inch depth, except as
				provided for in subdivision (i) hereof.
(i) The maintenance tolerance for a tank now
				in use for the determination of volume measurement shall be one percent excess
				or deficiency within the measurement.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 223 - Volumetric Measurement Of Cherries › Section 223.3 - Cherry gauge rods

Current through Register Vol. 46, No. 28, July 10, 2024
Gauge rods used to measure cherries shall be as
				  follows:
(a) The indicating means
				shall consist of a calibrated gauge rod and level indicating plate.
(b) The rod shall be of rigid design, made of
				stainless steel smoothly finished with the probe end tapered to one half inch,
				and when properly seated in position, shall touch the bottom of the holding
				tank being measured. The rod shall be graduated throughout an interval
				corresponding to the range within which readings of the cherry level are to be
				made.
(c) On a rod the spacing of
				the graduation center to center shall be not more than.0625 (1/16) inch and not
				less than.03125 (1/32) inch. The graduation shall be not less than.005 inch in
				width and the clear interval between adjacent edges of successive graduations
				shall be not less than.015625 (1/64) inch. The graduations shall be designated
				in inches, 0.5 inches, 0.1 inches, and 0.02 inches.
(d) The level indicating plate assembly shall
				consist of a rigid plate and a slider tube designed to move up and down the
				calibrated gauge rod. The rigid plate shall be a perforated round disk of
				stainless steel, 10 inches in diameter, with the perforations not exceeding
				three eights of an inch in diameter. The plate shall be permanently attached to
				the slider tube. The slider assembly shall move freely on the gauge rod without
				slope and shall weigh four pounds, plus or minus one tenth of one
				percent.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 223 - Volumetric Measurement Of Cherries › Section 223.4 - Price of cherries measured volumetrically

Current through Register Vol. 46, No. 28, July 10, 2024
The price of cherries in water shall be established on a
				  cubic foot basis with no conversion to weight allowed.