N.Y. Agriculture & Markets Law § 61: Manufacture, sale, and use of oleomargarine

§ 61. Manufacture, sale, and use of oleomargarine. 1. Definitions.

For the purposes of this section, the following terms shall have the

following meanings:

(a) "Person" means any person, firm, corporation, copartnership,

association, co-operative corporation, or unincorporated co-operative

association.

(b) "Oleomargarine" or "margarine" means any oleaginous substance,

sold or exposed for sale, as a substitute for, or to take the place of,

or used for the same purpose or purposes as butter, or having the

appearance, odor, or taste which is similar to butter, and which is not

made exclusively of milk or cream, or any substance into which any oil

or fat other than that obtained from milk or cream has been introduced

to take the place of butterfat. The terms include oleomargarine of any

shade or color.

(c) "Public eating place" means any hotel, boarding house, restaurant,

saloon, lunch counter, place of public entertainment or any other place

where prepared or cooked food is offered for sale to the public for

consumption on the premises. When a hotel or other establishment

operates more than one public eating place, each such place shall be

deemed to be a separate public eating place. It shall be deemed to

include camps, dude ranches, and other similar establishments operated

for profit even though restricted to a certain age, or other distinctive

group, but shall not be deemed to include religious, charitable or

private camps.

2. Fat standard. Oleomargarine manufactured, sold, offered or exposed

for sale shall contain not less than eighty per centum of fat.

3. Notice to consumers. Consumers shall be given notice of the use of

oleomargarine in public eating places under the following conditions and

in the following manners.

(a) If oleomargarine is served directly to the customer or is placed

on the table or counter where the customer is served notice of such

serving shall be given.

(b) If oleomargarine is served in such a manner that the customer

cannot identify it, notice of such serving shall be given, provided,

however, that use of oleomargarine in preparation of cooked or other

foods, in which the identity of the oleomargarine is lost, shall not

require notice.

(c) Form of notice. Notice shall be given in such a manner that it is

likely to be seen and understood by each person being served. If the

public eating place is such that a single sign can be readily seen by

each person being served, such sign shall be sufficient; otherwise

notice shall be given by signs so located that one can be seen by each

customer, or by notice on menus given to each customer.

(d) Wording of notice. If oleomargarine is served on the tables or

counters where customers are served, the notice shall read as,

"Oleomargarine served here" or "margarine served here", provided,

however, that if the oleomargarine is not served or used in any other

manner notice may be given by a label on or accompanying the

oleomargarine and identifying it as such. If oleomargarine is served in

other ways, the notice shall be the same as hereinabove provided, or may

specify the food or foods with which the oleomargarine is served.

4. Rules and regulations. The commissioner is authorized, after due

notice and hearing, to issue such rules and regulations as are necessary

to carry out the provisions of this section.