N.Y. Agriculture & Markets Law Section 62
Coloring matter, dairy terms, size of package, labeling, false advertising

No person, manufacturing with intent to sell, any substance or article to be used as a substitute for cheese and which is not made exclusively from unadulterated milk or cream or both, with or without salt or rennet or both but into which any animal, intestinal or offal fats, or any oils or fats or oleaginous substance of any kind not produced from pure, unadulterated milk or cream, or into which melted butter, or butter in any condition or state or any modification of the same, or lard or tallow shall be introduced, shall add thereto or combine therewith any annatto or compounds of the same, or any other substance or substances whatever, for the purpose or with the effect of imparting thereto a color resembling yellow, or any shade of yellow cheese, nor introduce any such coloring matter or other substance into any of the articles of which the same is composed. No person manufacturing, selling or offering for sale any oleaginous substance not made from pure milk or cream from the same, designed to take the place of butter, shall make or sell the same under any brand, device or label bearing words indicative of cows or the product of the dairy or the names of breeds of cows or cattle, nor use terms indicative of processes in the dairy in making or preparing butter; no oleaginous substance not made from pure milk or cream from the same, designed to take the place of butter, shall hereafter be sold, offered or exposed for sale in this state unless (1) such substance is packaged, (2) the net weight of the contents of any package thereof sold in a retail establishment is one pound or less, (3) there appears on the label of the package (a) the word “oleomargarine” or “margarine” in type or lettering at least as large as any lettering on such label, (b) a statement of the net weight of the contents of the package, and

(c)

a full and accurate statement of the ingredients contained in such substance, and

(4)

each part of the contents of the package is contained in a wrapper which bears the words “oleomargarine” or “margarine” in type or lettering not smaller than twenty point type. No person, firm, association or corporation shall, in connection or association with the sale or exposure for sale, advertisement, or on the package, of any substance designed to be used as a substitute for butter, represent or suggest by any means whatever that such substance is a dairy product, except that nothing herein contained shall prevent an accurate statement of any of the ingredients contained in such substance.

Source: Section 62 — Coloring matter, dairy terms, size of package, labeling, false advertising, https://www.­nysenate.­gov/legislation/laws/AGM/62 (updated Sep. 22, 2014; accessed Apr. 13, 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:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 62’s source at nysenate​.gov

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