N.Y. Agriculture & Markets Law Section 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.

Source: Section 57 — Licensing of persons in charge of milk-gathering stations, manufactories or plants; licensing of persons sampling milk and/or cream and/o..., https://www.­nysenate.­gov/legislation/laws/AGM/57 (updated Aug. 4, 2017; accessed Oct. 26, 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
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Aug. 4, 2017

§ 57’s source at nysenate​.gov

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