N.Y. Agriculture & Markets Law § 190-b: Sale of meat in bulk or on a gross or hanging weight basis

§ 190-b. Sale of meat in bulk or on a gross or hanging weight basis.

1. Definitions. As used in this section, unless the context otherwise

requires, the following words and phrases shall have the following

meanings:

a. "Primal source" means the following cuts: (i) for beef, the primal

sources are the round, flank, loin, rib, plate, brisket, chuck and

shank; (ii) for veal and lamb or mutton, the primal sources are the leg,

flank, loin, rack (rib) and shoulder; and (iii) for pork, the primal

sources are the belly, loin, ham, spareribs, shoulder and jowl.

b. "Seller" means any person, partnership, corporation, or

association, however organized, engaged in the sale at retail of meat

provided however that this section shall not apply to any seller whose

total annual retail sales are less than ten thousand dollars.

c. "Cutting loss" means the weight of meat, fat and bone removed from

the carcass, side, quarter or primal source during standard or custom

cutting procedures.

d. "Gross or hanging weight" means the weight of any single carcass,

side, quarter or primal source of meat prior to cutting or trimming such

meat into any constituent part.

2. Sale of a single carcass, side, quarter or primal source of meat.

Sellers of a single carcass, side, quarter or primal source of meat may

sell such meat on a gross or hanging weight basis, provided such meat is

derived from a single carcass, side, quarter or primal source of meat.

With respect to any other retail sale of meat, the seller shall disclose

in writing to the buyer the net weight, the selling price per pound and

the total selling price of each cut.

3. Disclosures required. A seller of a single carcass, side, quarter

or primal source on a gross or hanging weight basis must provide to

buyers, in writing, the following at the times indicated:

a. Prior to sale:

i. the name and address of the seller;

ii. the estimated gross or hanging weight of the order;

iii. the U.S.D.A. quality grade of the meat to be supplied, if so

graded;

iv. the estimated total price of the order;

v. the estimated cutting loss on the order;

vi. a list, by name and estimated count, of each cut to be derived

from each primal source;

vii. the price per pound of the carcass, side, quarter or primal

source before cutting and wrapping;

viii. additional costs of cutting, wrapping and freezing, if any; and

ix. that the buyer may keep the cutting loss.

b. At the time of delivery:

i. the name and address of the seller;

ii. the total delivered weight of the meat;

iii. the cutting loss;

iv. a list, by name and count, of each cut derived from each primal

source.

c. Exemption. This subdivision shall not apply to the sale of any

carcass, side, quarter or primal source of meat which individually has a

gross or hanging weight of fifty pounds or less.

4. Violations:

A violation of this section shall be subject to the applicable

penalties of this chapter. A violation of this section shall not

constitute a misdemeanor pursuant to the provisions of section forty-one

of this chapter unless such violation is committed with intent to

defraud.

In addition to the foregoing, an application may be made to a court or

justice having jurisdiction to issue an injunction, to enjoin and

restrain the continuance of such violations; and if it shall appear to

the satisfaction of the court or justice, that the defendant has, in

fact, violated this section, an injunction may be issued by such court

or justice, enjoining and restraining any further violation.