N.Y. Agriculture & Markets Law § 51: Milk inspection

§ 51. Milk inspection. The commissioner or his agent, in inspecting

milk for the purpose of analysis to determine the percentage of fat or

other milk solids, shall take duplicate samples thereof and shall seal

both samples, and shall tender, and, if accepted, deliver one sample to

the person from whom the milk was taken. When samples are taken from the

producer of the milk sampled or his agent, at a place other than the

dairy where the milk was produced, the commissioner or his agent shall

within ten days thereafter, with the consent of the producer, take

duplicate samples of the mixed milk of the herd of cows from which the

milk first sampled was drawn, and shall deliver one such sample to the

producer or his agent and shall submit the other to analysis. If upon

analysis it proves to contain no higher percentage of milk solids, or no

higher percentage of fat, or has no lower freezing temperature than the

sample first taken, then no action shall lie against the producer for

violation of standards as established by the commissioner pursuant to

the provisions of section forty-six-a. If the producer refuses to allow

such herd sample to be taken, then the producer shall be precluded from

offering any evidence that the milk from which the first sample was

taken was just as it came from the cow. Where a sample of milk taken by

the commissioner or his agent consists of the entire contents of a

container unopened at the time of taking, no duplicate need be taken or

tendered or delivered.