N.Y. Agriculture & Markets Law Section 51
Milk inspection


The commissioner or his agent, in inspecting milk for the purpose of analysis to determine the percentage of fat or other milk solids, shall take duplicate samples thereof and shall seal both samples, and shall tender, and, if accepted, deliver one sample to the person from whom the milk was taken. When samples are taken from the producer of the milk sampled or his agent, at a place other than the dairy where the milk was produced, the commissioner or his agent shall within ten days thereafter, with the consent of the producer, take duplicate samples of the mixed milk of the herd of cows from which the milk first sampled was drawn, and shall deliver one such sample to the producer or his agent and shall submit the other to analysis. If upon analysis it proves to contain no higher percentage of milk solids, or no higher percentage of fat, or has no lower freezing temperature than the sample first taken, then no action shall lie against the producer for violation of standards as established by the commissioner pursuant to the provisions of section forty-six-a. If the producer refuses to allow such herd sample to be taken, then the producer shall be precluded from offering any evidence that the milk from which the first sample was taken was just as it came from the cow. Where a sample of milk taken by the commissioner or his agent consists of the entire contents of a container unopened at the time of taking, no duplicate need be taken or tendered or delivered.

Source: Section 51 — Milk inspection, https://www.­nysenate.­gov/legislation/laws/AGM/51 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

46
Declaration of policy
46‑A
Regulations
47
Care and feed of cows, and care and keeping of milk
47‑A
Regulating the handling and sale of products made from recovered milk fat and solids
48
Receptacles to be cleansed before returning
49
Insanitary cans and receptacles condemned
50‑E
Legislative finding and declaration of policy
50‑F
Definitions and standards of identity
50‑G
Licenses to manufacturers of melloream
50‑H
Entry, inspection and investigation
50‑I
Labeling of melloream and vegetable oil blends
50‑J
Serving melloream, vegetable oil blends and cream in restaurants and other public eating places
50‑K
Rules and regulations
51
Milk inspection
52
Presumptions in regard to cream and skim milk
54
Regulations in regard to manufactories, plants or places where milk or cream is brought or received
55
Skimmed milk, whey, buttermilk or milk container or plant equipment rinsings to be heated before being used for feeding
56
Determination of the content of milk and/or cream where purchase or settlement therefor is made on the basis of such content
56‑A
Taking of composite sample
56‑B
Determination of bacteria in milk and/or cream where purchase or settlement is made therefor on the basis of bacterial count
57
Licensing of persons in charge of milk-gathering stations, manufactories or plants
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
59
Powers of the department concerning oleomargarine
61
Manufacture, sale, and use of oleomargarine
62
Coloring matter, dairy terms, size of package, labeling, false advertising
63
Labeling of imitation cheese
67
Manufacturers identification markings and grade brands for cheese
67‑B
Pasteurization of cheese
68
Use of false brand prohibited
69
County trade marks
70
Branded cans, jars, bottles, cases, boxes or barrels not to be sold, remarked or used without consent of owner
71
Registration of mark

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 51’s source at nysenate​.gov

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