N.Y. Agriculture & Markets Law § 50-e: Legislative finding and declaration of policy

§ 50-e. Legislative finding and declaration of policy. It is hereby

declared that cream, half and half, milk and mixtures of milk and cream

have long been accepted by the consuming public; recognized as wholesome

and nutritious articles of food, and their composition generally

understood by consumers.

Advances in food technology have resulted in the development of a

variety of products for similar usage including dairy foods of lower

butterfat and blends made with vegetable oils and with proteins from

sources other than dairy products; products which are so similar in

appearance, odor and taste that they are difficult to differentiate from

dairy products. It is further declared to be the purpose of this article

to promote honesty and fair dealing in the interest of consumers, to

insure fair competition with a highly regulated dairy industry which is

of considerable economic importance to the economy of the state and to

prevent confusion and deception in the sale of such foods by

establishing definitions and standards of identity for such foods, and

by providing for rules and regulations which will effect their orderly

marketing and insure similar sanitary standards.

It is the further intent of the legislature, in view of the well known

nutritional qualities of whole milk (including standardized milk) and

other dairy products that the burden of proof of nutritional claims of

products offered for sale to consumers which have the appearance, odor

and taste of whole milk (including standardized milk) or other dairy

products is placed on the persons or corporations offering the product

or products for sale to consumers.