N.Y. Agriculture & Markets Law § 56: Determination of the content of milk and/or cream where purchase or settlement therefor is made on the basis of such content

§ 56. Determination of the content of milk and/or cream where purchase

or settlement therefor is made on the basis of such content. 1. The

commissioner shall, after public hearing, prescribe, by rules and

regulations, the methods, equipment, and procedures, including the

calibration and use of electronic equipment, which shall be used in

determining the percentage of the components of milk and/or cream where

the result of such determination is to be used wholly, or in part, as a

basis for payment or settlement for such milk and/or cream, or where the

proceeds of co-operative creameries or such milk-receiving or

manufacturing plants are allotted on the basis of the determination of a

component or components of milk, or where the result of such test is

used for the purpose of official inspection or for public record.

2. Whenever the amount of a milk component or components contained in

milk and/or cream is used wholly or in part as a basis for payment or

settlement for such milk and/or cream, or whenever such component, or

components, of milk and/or cream are made a matter of public record or

official inspection, no person or persons shall report or record a

greater or lesser percentage or average percentage of such milk

component than is actually contained in such milk and/or cream. The

commissioner or persons employed by him for that purpose may at any time

inspect the equipment and assist in making tests of milk and/or cream

received at any milk-receiving or manufacturing plant or other place of

testing for the purpose of determining the accuracy of tests so made.

3. Any person or persons using other than the method, equipment and

procedures prescribed by the commissioner pursuant to this section, or

crediting any patron delivering milk and/or cream with a greater or

lesser percentage or average percentage of a milk component than is

actually contained in such milk and/or cream so delivered and as

determined by such prescribed method or methods shall be deemed to have

violated the provisions of this chapter.

4. For the purposes of this article, components of milk or cream shall

include non-fat solids, milk fat, protein, lactose and total solids

contained in milk or cream.