N.Y. Agriculture & Markets Law Section 56
Determination of the content of milk and/or cream where purchase or settlement therefor is made on the basis of such content

1.

The commissioner shall, after public hearing, prescribe, by rules and regulations, the methods, equipment, and procedures, including the calibration and use of electronic equipment, which shall be used in determining the percentage of the components of milk and/or cream where the result of such determination is to be used wholly, or in part, as a basis for payment or settlement for such milk and/or cream, or where the proceeds of co-operative creameries or such milk-receiving or manufacturing plants are allotted on the basis of the determination of a component or components of milk, or where the result of such test is used for the purpose of official inspection or for public record.

2.

Whenever the amount of a milk component or components contained in milk and/or cream is used wholly or in part as a basis for payment or settlement for such milk and/or cream, or whenever such component, or components, of milk and/or cream are made a matter of public record or official inspection, no person or persons shall report or record a greater or lesser percentage or average percentage of such milk component than is actually contained in such milk and/or cream. The commissioner or persons employed by him for that purpose may at any time inspect the equipment and assist in making tests of milk and/or cream received at any milk-receiving or manufacturing plant or other place of testing for the purpose of determining the accuracy of tests so made.

3.

Any person or persons using other than the method, equipment and procedures prescribed by the commissioner pursuant to this section, or crediting any patron delivering milk and/or cream with a greater or lesser percentage or average percentage of a milk component than is actually contained in such milk and/or cream so delivered and as determined by such prescribed method or methods shall be deemed to have violated the provisions of this chapter.

4.

For the purposes of this article, components of milk or cream shall include non-fat solids, milk fat, protein, lactose and total solids contained in milk or cream.

Source: Section 56 — Determination of the content of milk and/or cream where purchase or settlement therefor is made on the basis of such content, https://www.­nysenate.­gov/legislation/laws/AGM/56 (updated Sep. 22, 2014; accessed Jan. 18, 2025).

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
Green check means up to date. Up to date

Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 56’s source at nysenate​.gov

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