New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 37 - Serving Of Dairy Products Or Melloream In Public Eating Places › Section 37.2 - Product identification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Names. For the purposes of this section,
				  the products served which are subject to regulation by this Part shall be
				  represented by their defined name or names, except that in the case of
				  melloream, a trade or brand name may be used if followed by one of the
				  following: "Melloream," "A Vegetable Oil Blend," "A Vegetable Oil Product,"
				  "Not a Dairy Product," or "Contains no milk or milk fat."
(b) Exceptions. The provisions of this
				  section shall not apply to any of the products regulated by this Part when used
				  in the preparation of cooked or other foods, other than beverages, in which the
				  regulated product or products is one of two or more ingredients used; provided,
				  however, that no prepared or cooked food containing either dairy products or
				  melloream shall be misrepresented as to such ingredients.
(c) Labels, signs or menu statements. No
				  person who operates a public eating place shall serve any dairy products or
				  melloream, as defined in section
				  37.1  of this Part,
				  unless he informs the persons served in such public eating place as to the
				  product or products served, by one or more of the following methods:
(1) each person served is provided with a
				  menu on which any of the products subject to regulation pursuant to this Part
				  are shown as being served with a particular beverage or item of food, such as
				  "coffee with ________," "cereal with ________," "fruit with ________," or some
				  other equally informative statement, the blank to be filled in with the name of
				  the product served with that particular beverage or food; or
(2) if only one product subject to regulation
				  pursuant to this Part is served, and each person served is provided with a menu
				  on which there is a statement reading "________ served here," "We serve
				  ________," or some other equally informative statement, the blank to be filled
				  in with the name of products served; or
(3) if only one product subject to regulation
				  pursuant to this Part is served, and there is posted conspicuously, in each
				  room of such public eating place where such product is served, a sign or signs,
				  visible throughout the room, bearing the words " ________ served here," "We
				  serve ________," or some other equally informative statement, the blank to be
				  filled in with the name of the product served; or
(4) there is a wall menu or other posted
				  menu, plainly visible to all who are served, on which there appears a statement
				  or statements similar to those permitted pursuant to paragraph (1), (2) or (3)
				  of this subdivision; or
(5) the
				  information to be furnished pursuant to paragraph (1), (2), (3) or (4) of this
				  subdivision is given to each person served by means of notices or statements on
				  each table where persons are served; or
(6) the product or products are served in
				  individual containers or servers on which the name of the product appears in
				  letters which are sufficiently large and conspicuous to be seen under normal
				  conditions at such eating place; or
(7) when dairy products are served solely as
				  a beverage separate from any other beverage or food, they may be listed on the
				  menu by their defined or usual name. When melloream is served solely as a
				  beverage separate from any other beverage or food, it may be listed on the menu
				  as "Melloream," "A vegetable oil blend," or by its trade name.