ยง 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.
Structure New York Laws
47 - Care and Feed of Cows, and Care and Keeping of Milk.
47-A - Regulating the Handling and Sale of Products Made From Recovered Milk Fat and Solids.
48 - Receptacles to Be Cleansed Before Returning; Receptacles May Be Seized; Evidence; Violation.
49 - Insanitary Cans and Receptacles Condemned.
50-E - Legislative Finding and Declaration of Policy.
50-F - Definitions and Standards of Identity.
50-G - Licenses to Manufacturers of Melloream.
50-H - Entry, Inspection and Investigation.
50-I - Labeling of Melloream and Vegetable Oil Blends.
52 - Presumptions in Regard to Cream and Skim Milk.
56-A - Taking of Composite Sample; Record of Tests.
59 - Powers of the Department Concerning Oleomargarine.
61 - Manufacture, Sale, and Use of Oleomargarine.
62 - Coloring Matter, Dairy Terms, Size of Package, Labeling, False Advertising.
63 - Labeling of Imitation Cheese; Imitation Cheese Food and Products Containing Imitation Cheese.
67 - Manufacturers Identification Markings and Grade Brands for Cheese.
67-B - Pasteurization of Cheese.