N.Y. Agriculture & Markets Law § 48: Receptacles to be cleansed before returning; receptacles may be seized; evidence; violation

§ 48. Receptacles to be cleansed before returning; receptacles may be

seized; evidence; violation. Whenever any can or receptacle is used for

transporting or conveying milk, cream or curd to market for the purpose

of selling or furnishing the same for consumption as human food, or for

manufacturing into human food, which can or receptacle, when emptied, is

returned or intended to be returned to the person so selling, furnishing

or shipping such substance to be again thus used, or which is liable to

continued use in so transporting, conveying, selling or shipping such

substance as aforesaid, the consumer, dealer or consignee using, selling

or receiving the milk, cream or curd from such can or receptacle, shall,

before so returning such can or receptacle remove all substances foreign

to milk therefrom, by rinsing with water or otherwise. When any such

milk, cream or curd is sold within any city of this state or shipped

into any such city, the fact of such shipment or sale shall be prima

facie evidence that the same was so shipped or sold for consumption as

human food or to be manufactured into human food. When any such can or

receptacle is returned or delivered or shipped to any person or creamery

so selling such substance within, or shipping the same into such city,

it shall be deemed that such can or receptacle is liable to such

continued use in so selling or shipping such substance therein for

consumption as human food within the meaning and purposes of this

article. No person shall place or suffer to be placed in any such can or

receptacle any sweepings, refuse, dirt, litter, garbage, filth or any

other animal or vegetable substance, nor shall any such consignee or

other person through himself, his agent or employee, bring or deliver to

any person or railroad or other conveyance any such can or receptacle

for the purpose of such return, or any milk, cream or curd can or

receptacle for the purpose of delivery or shipment to any person or

creamery engaged in so selling or shipping such substances for

consumption as human food, which can or receptacle contains such foreign

substance or which has not been rinsed as herein provided. The word

"curd" as used in this article applies to the substance otherwise known

as "pot cheese" or "cottage cheese." Whenever any such can or receptacle

is used, returned, delivered or shipped in violation of this article

every such use, return, delivery or shipment of each such can or

receptacle shall be deemed a separate violation thereof. Such cans or

receptacles so used, returned, delivered or shipped in violation of this

article may be seized by the commissioner, his assistants or agents and

held as evidence of such violation.