State Codes and Statutes

Statutes > New-york > Agm > Article-4 > 56

§ 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.

State Codes and Statutes

Statutes > New-york > Agm > Article-4 > 56

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-4 > 56

§ 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.