N.Y. Agriculture & Markets Law § 258-j: Construction, exceptions and limitations

§ 258-j. Construction, exceptions and limitations. The license

required by this article shall be in addition to any other license

required by this chapter or otherwise required by law. This article

shall apply to the city of New York, but shall not be construed to

conflict with, alter or repeal laws in force relating to the board of

health or the department of health of the city of New York, nor the

health code in force in such city or any amendments thereof duly adopted

nor shall any provision of this article or any regulations adopted

thereunder, relating to matters of health, sanitation or purity or

wholesomeness of milk which is in conflict with the health code or the

regulations of the board of health or the department of health of the

city of New York, apply to the city of New York, or to the production

and transportation of milk for said city. No milk dealer shall hereafter

accept for sale or distribution in a marketing area or at a plant

supplying such marketing area when such marketing area is regulated by a

state milk marketing order, milk from any premises on which milk is

produced or from any plant in which milk is handled unless such premises

constitute a milk production area dairy farm as defined by section two

hundred fifty-eight-l or unless the milk from such plant has been

received for sale or distribution in such marketing area or at a plant

subject to such order within the past two full calendar years without

first satisfying the commissioner that such proposed added milk supply

is reasonably needed for such marketing area, and that the acceptance of

such added milk supply will not deprive any municipality or any other

marketing area of a supply, present or future, more conveniently related

to it. If any clause, sentence, paragraph or part of this article shall

for any reason be adjudged by any court of competent jurisdiction to be

invalid, such judgment shall not affect, impair or invalidate the

remainder thereof, but shall be confined in its operation to the clause,

sentence, paragraph, or part thereof, directly involved in the

controversy in which such judgment shall have been rendered. No

provision of this article shall apply or be construed to apply to

foreign or interstate commerce, except insofar as the same may be

effective pursuant to the United States constitution and to the laws of

the United States enacted pursuant thereto. Technical, legal and other

assistants and employees in the service of the milk control board at the

time such transfer takes place shall be transferred to the division,

subject to qualifying examinations to be conducted by the civil service

commission as soon as convenient after transfer, and in the meantime

they shall serve without examination. The civil service commission shall

designate, upon advice of the commissioner the positions which it is not

practicable to fill by competitive examinations, including the director,

assistant director, counsel and assistant counsel.