New York Agriculture and Markets Code § 56

Determination of the content of milk and/or cream where purchase or settlement therefor is made on the basis of such content
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§ 56. Determination of the content of milk and/or cream where purchase\nor settlement therefor is made on the basis of such content.  1. The\ncommissioner shall, after public hearing, prescribe, by rules and\nregulations, the methods, equipment, and procedures, including the\ncalibration and use of electronic equipment, which shall be used in\ndetermining the percentage of the components of milk and/or cream where\nthe result of such determination is to be used wholly, or in part, as a\nbasis for payment or settlement for such milk and/or cream, or where the\nproceeds of co-operative creameries or such milk-receiving or\nmanufacturing plants are allotted on the basis of the determination of a\ncomponent or components of milk, or where the result of such test is\nused for the purpose of official inspection or for public record.\n  2. Whenever the amount of a milk component or components contained in\nmilk and/or cream is used wholly or in part as a basis for payment or\nsettlement for such milk and/or cream, or whenever such component, or\ncomponents, of milk and/or cream are made a matter of public record or\nofficial inspection, no person or persons shall report or record a\ngreater or lesser percentage or average percentage of such milk\ncomponent than is actually contained in such milk and/or cream. The\ncommissioner or persons employed by him for that purpose may at any time\ninspect the equipment and assist in making tests of milk and/or cream\nreceived at any milk-receiving or manufacturing plant or other place of\ntesting for the purpose of determining the accuracy of tests so made.\n  3. Any person or persons using other than the method, equipment and\nprocedures prescribed by the commissioner pursuant to this section, or\ncrediting any patron delivering milk and/or cream with a greater or\nlesser percentage or average percentage of a milk component than is\nactually contained in such milk and/or cream so delivered and as\ndetermined by such prescribed method or methods shall be deemed to have\nviolated the provisions of this chapter.\n  4. For the purposes of this article, components of milk or cream shall\ninclude non-fat solids, milk fat, protein, lactose and total solids\ncontained in milk or cream.\n

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