N.Y. Agriculture & Markets Law § 190: Method of sale of food and food products

§ 190. Method of sale of food and food products. 1. Definition of

"food" and "food product." The terms "food" and "food product," as used

in this section, shall include all material, solid, liquid or mixed,

whether simple or compound, used or intended for consumption by human

beings or domestic animals normally kept as household pets and shall

also include all substances or ingredients to be added thereto for any

purpose.

2. All food and food products which are sold, offered or exposed for

sale by wholesalers, packers, distributors or jobbers shall be sold, or

offered or exposed for sale by net weight, standard measure or numerical

count and shall be plainly marked, in such form or manner as may be

prescribed by the commissioner, by such person offering the food or food

products for sale except that, unless required pursuant to the

provisions of section two hundred fourteen-o of this chapter, it shall

not be necessary to so mark meat, meat products or fish, other than

shellfish in natural form, provided the net weight be stated on a

written invoice and on the shipping container of the meat, meat product

or fish.

3. All food and food products which are sold, offered or exposed for

sale at retail and which are not in containers, shall be sold, offered

or exposed for sale by net weight, standard measure or numerical count

under such regulations as may be prescribed by the commissioner.

4. All food and food products which are packaged or wrapped by the

retailer, and all food and food products which are packaged or wrapped

in random weight, measure or count in advance of being offered or

exposed for sale at retail shall be accurately marked, in such form or

manner as may be prescribed by the commissioner, with (a) the net

weight, standard measure or numerical count; (b) the selling price per

pound or unit of standard measure and (c) the total selling price.

Provided that in the case of food or food products packed at one place

for subsequent shipment to and sale at another, the price and weight

sections of the label may be left blank, to be filled in prior to being

offered or exposed for sale at retail.

5. Wherever food or food products are packaged or wrapped for sale by

a retailer in advance of being sold, or offered or exposed for sale, an

accurate computing scale of sufficient capacity shall be maintained.

Such scale shall be placed as to be easily accessible to customers and a

prominent and conspicuous sign reading "for customer use" shall be

displayed on or near such scale.

6. The provisions of this section shall not apply to commodities

dispensed for consumption on the premises, or to packaging or

receptacles used merely for the purposes of carrying or delivering

commodities or containers which comply with the provisions of this

section, or to a commodity in a container if the container contains (a)

in the case of a commodity not a drug or cosmetic, less than one-half

ounce avoirdupois, less than one-half fluid ounce or less than seven

units, (b) in the case of a drug, less than seven units, or (c) in the

case of a cosmetic, less than one-fourth ounce avoirdupois, less than

one-eighth fluid ounce or less than seven units. The commissioner shall

by regulation prescribe comparable metric quantities for the exceptions

provided by this subdivision. The exceptions involving declarations in

terms of count shall be permitted only if the units of commodity can

easily be counted without opening the container.