N.Y. Agriculture & Markets Law § 57: Licensing of persons in charge of milk-gathering stations, manufactories or plants; licensing of persons sampling milk and/or cream and/o...

§ 57. Licensing of persons in charge of milk-gathering stations,

manufactories or plants; licensing of persons sampling milk and/or cream

and/or determining weight or volume of milk and/or cream; and of persons

making milk component tests. 1. No person shall take charge, either as

superintendent, manager or otherwise, of any milk-gathering station,

manufactory or plant where milk and/or cream is received from producers

for sale or resale or for manufacture, unless licensed by the

commissioner.

2. No person shall measure, weigh, or otherwise determine the volume

or weight of milk and/or cream received from or offered for sale by the

producer thereof or sample such milk and/or cream, or handle, or prepare

such milk and/or cream samples when such samples are to be used for the

purpose of determining the amount of a milk component or components

contained therein, and/or to determine the bacterial count thereof, or

for any other purpose where the result of such test or examination is

used as a basis for payment for such milk and/or cream, for the

classification of such milk and/or cream, for the rejection or

acceptance of such milk and/or cream, or for official inspection, or for

public record, unless licensed by the commissioner provided, however,

that the provisions of this section shall not be deemed to apply to any

person employed by the state department of health or any municipal

department of health in New York state when performing his official

duties for such health agency. Such license shall be designated as a

"milk receiver's license."

3. No person shall prepare or test milk and/or cream samples by any

method, for the purpose of determining the amount of any milk component

contained therein, where the result of such test is used as a basis for

payment for such milk and/or cream, or for official inspection or for

public record, unless licensed by the commissioner.

4. Application for a license, or licenses shall be made upon a form

prescribed by the commissioner. The applicant shall furnish satisfactory

evidence of good moral character, and shall give proof of his ability to

perform the functions for which a license is applied, to the

satisfaction of the commissioner. The commissioner, in his discretion,

may combine in one license authority to perform any of the functions for

which a license is required pursuant to the provisions of subdivisions

one, two and three of this section. A license shall be for a period not

exceeding five years, and may be renewed, in the discretion of the

commissioner, for successive periods of not exceeding five years each.

Each license shall be kept at the place where the licensee is employed

and shall be open to inspection.

A license may be revoked by the commissioner, after a hearing upon due

notice to the licensee, for false statement in the application,

dishonesty, incompetency, inaccuracy or a violation of the provisions of

this article, and a license to take charge of a milk-gathering station,

manufactory or plant may also be revoked for dishonesty, incompetency,

inaccuracy, or a violation of the provisions of this article by any

person working under the direction of the licensee and subject to his

orders.