N.Y. Agriculture & Markets Law § 57-a: Licensing of persons making bacterial counts of milk and/or cream or making tests of milk and/or cream to detect certain abnormalities

§ 57-a. Licensing of persons making bacterial counts of milk and/or

cream or making tests of milk and/or cream to detect certain

abnormalities. No person shall test milk and/or cream in order to

determine the bacterial or leucocyte count or make other tests to

determine the presence or absence of abnormal milk, where the results of

such test affects the rate of payment to the producer for such milk

and/or cream, the classification of milk and/or cream as received from

the producer, or the acceptance or rejection of such milk and/or cream

by the operator of a milk-receiving or manufacturing plant, unless

licensed by the commissioner. Application for such license shall be made

upon a form prescribed by the commissioner. The applicant shall furnish

satisfactory evidence of good moral character, and shall demonstrate his

ability to make such tests by an examination under the direction of the

commissioner. A license shall be for a period not exceeding five years.

A license may be renewed in the discretion of the commissioner, without

an examination, for successive periods of not exceeding five years each.

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

in testing milk and/or cream and shall be open to inspection.

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

notice to the licensee, for dishonesty, incompetency, inaccuracy or a

violation of the provisions of this article.