N.Y. Agriculture & Markets Law § 253: Definitions

§ 253. Definitions. As used in this article unless otherwise expressly

stated, or unless the context or subject matter otherwise requires:

1. "Division" means the division of milk control created by this

article.

2. "Director" means the director of the division of milk control.

3. "Person" means any person, firm, corporation, co-partnership,

association, co-operative corporation or unincorporated co-operative

association.

4. "Milk dealer" means any person who purchases, handles or sells

milk, or bargains for the purchase or sale of milk, including brokers

and agents. Each corporation which if a natural person would be a milk

dealer within the meaning of this article, and any subsidiary and

affiliate of such corporation similarly engaged, shall be deemed a milk

dealer within the meaning of this definition. A hotel or restaurant

which sells only milk consumed on the premises where sold, or a producer

who delivers milk only to a milk dealer, or a person who purchases milk

from licensed dealers to be combined by him with non dairy products in

the manufacture of candy, soup or other food products (except melloream)

shall not be deemed a milk dealer.

6. "Licensee" means a licensed milk dealer.

7. "Milk", for the purposes of this article, means all skim milk

resulting from the separation of butterfat from whole milk, or resulting

from reconstituting or recombining nonfat milk solids with water, and

all butterfat in the form of or contained in milk, homogenized milk,

vitamin D milk, vitamin-mineral fortified milk, flavored milk,

standardized milk, concentrated milk in consumer packages, fluid skim

milk, modified skim milk, skim milk drinks, buttermilk, fresh cream,

half and half, or any product or products having the appearance and

taste of any of the above, regardless of the name by which they are

labeled or represented. It includes such skim milk and butterfat

contained in melloream whose appearance, odor or taste is similar to any

of the aforesaid. In each instance where quantity is referred to the

intent is to include the combined product pounds of skim milk and

butterfat contained therein.

8. "Producer" means a person producing milk.

9. "Consumer" means any person other than a milk dealer who purchases

milk for fluid consumption.

10. "Store" means an individual business establishment at one location

including a grocery store, hotel, restaurant, soda fountain, dairy

products store, automatic milk vending machine, gasoline station or a

similar mercantile establishment offering goods and/or services at

retail to individual consumers. The commissioner may after due notice

and public hearing define as a store such other mercantile establishment

as he finds conforms to the definition as herein provided.

11. "Milk broker" means any person who buys and sells milk for

licensees on a fee or commission basis or who arranges for or negotiates

contracts to buy or sell milk among licensees.