N.Y. Agriculture & Markets Law § 56-a: Taking of composite sample; record of tests

§ 56-a. Taking of composite sample; record of tests. Corporations,

associations or persons buying milk and/or cream from producers of milk

and/or cream to be paid for on the basis of the percentage of a

component or components of such milk or cream and taking samples

therefrom to form a composite sample to be tested periodically to

determine its value on such basis, shall, at the request of the

producer, or of his agent designated in writing, take such samples in

duplicate and subject them to the same treatment. At the end of the

period for which the composite samples were taken, such corporation,

association or person shall tender same to the producer thereof, or to

his authorized agent, and give such producer, or his authorized agent,

the choice of one of the two composite samples so taken. Such producer,

or his authorized agent, may send such duplicate composite sample,

properly marked for identification of the component or components upon

which payment or settlement for the milk is based and with the

producer's name and post office address, to the New York State food

laboratory of the department within three days from the receipt thereof.

Such laboratory shall cause such sample to be tested for the per centum

of such component or components contained therein, and shall cause a

report of such test to be sent to the producer or to his authorized

agent, from whom it was received within ten days thereof, or as soon

thereafter as possible. Persons testing composite samples of milk and/or

cream taken from milk or cream bought or received from producers, where

the value thereof is determined by the percentage of a component or

components contained in such milk or cream, shall preserve intact the

remaining portion of the sample from which the test was made, and in the

case of milk keep the same for at least ten days and in the case of

cream keep the same for at least one day after the making of such test,

for the purpose of permitting the commissioner or his duly authorized

representative to examine and test the same. Whenever a producer shall

designate in writing his authorized agent, the period for which such

authorization shall be in effect shall be stated and the time or times

when such duplicate composite sample or samples shall be tendered to the

authorized agent. The corporation, association or person buying such

milk and/or cream shall permit the authorized agent to collect the

samples so chosen.

Persons making such tests of samples of milk and/or cream so purchased

or received shall, immediately after such tests are completed, prepare a

list containing the names or numbers of the producers whose milk and/or

cream was so tested, and place opposite each such producer's name or

number the percentage of each component or components, upon which

payment or settlement is based, found to have been contained in the

sample of milk and/or cream representing the milk and/or cream delivered

by each such producer. Such lists so prepared shall be made with

indelible pencil or permanent ink and shall be filed in the plant or

place where such milk and/or cream is bought or received, and each such

list shall be duly signed by the person making such tests and preparing

such lists, and such person shall place beneath his signature the number

of the state license under which he is testing.

All such lists shall be kept as a record for at least one year and

shall be open to examination at all times by the commissioner or his

duly authorized representative. At any time, upon request of any

producer, or his authorized agent, the purchaser or receiver of such

milk and/or cream shall permit such producer to examine such part of

said record as contains information concerning the samples of milk

and/or cream representing the milk and/or cream delivered by such

producer. Every such purchaser or receiver of milk and/or cream from the

producer thereof shall, on written request therefor, made by the

producer or by his authorized agent, mail or deliver to the producer or

his authorized agent, at each time thereafter when such list is made a

written statement of the percentage of the component or components, upon

which payment or settlement was based, found to have been contained in

the sample or samples representing the milk and/or cream delivered by

such producer.

Without the written permission of the commissioner, no sample of milk

and/or cream so tested by the purchaser or his representative shall be

tested at a plant or place other than the one where received, nor

without such permission shall any such sample of milk be removed from

any such plant or place where tested within ten days from the date of

testing, nor shall any such sample of cream be removed therefrom within

one day from such date of testing.