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


Definitions. For the purposes of this section, the following terms shall have the following meanings:


“Person” means any person, firm, corporation, copartnership, association, co-operative corporation, or unincorporated co-operative association.


“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.


“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.


Fat standard. Oleomargarine manufactured, sold, offered or exposed for sale shall contain not less than eighty per centum of fat.


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.


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.


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.


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.


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.


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.

Source: Section 61 — Manufacture, sale, and use of oleomargarine, https://www.­nysenate.­gov/legislation/laws/AGM/61 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

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

Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 61’s source at nysenate​.gov

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