2006 New York Code - Sale Of Meat In Bulk Or On A Gross Or Hanging Weight Basis.

 
    § 190-b. Sale  of  meat in bulk or on a gross or hanging weight basis.
  1. Definitions. As used in this section, unless  the  context  otherwise
  requires,  the  following  words  and  phrases  shall have the following
  meanings:
    a. "Primal source" means the following cuts: (i) for beef, the  primal
  sources  are  the  round,  flank,  loin,  rib, plate, brisket, chuck and
  shank; (ii) for veal and lamb or mutton, the primal sources are the leg,
  flank, loin, rack (rib) and shoulder; and (iii)  for  pork,  the  primal
  sources are the belly, loin, ham, spareribs, shoulder and jowl.
    b.   "Seller"   means   any   person,   partnership,  corporation,  or
  association, however organized, engaged in the sale at  retail  of  meat
  provided  however  that this section shall not apply to any seller whose
  total annual retail sales are less than ten thousand dollars.
    c. "Cutting loss" means the weight of meat, fat and bone removed  from
  the  carcass,  side,  quarter or primal source during standard or custom
  cutting procedures.
    d. "Gross or hanging weight" means the weight of any  single  carcass,
  side, quarter or primal source of meat prior to cutting or trimming such
  meat into any constituent part.
    2.  Sale  of a single carcass, side, quarter or primal source of meat.
  Sellers of a single carcass, side, quarter or primal source of meat  may
  sell such meat on a gross or hanging weight basis, provided such meat is
  derived  from  a single carcass, side, quarter or primal source of meat.
  With respect to any other retail sale of meat, the seller shall disclose
  in writing to the buyer the net weight, the selling price per pound  and
  the total selling price of each cut.
    3.  Disclosures  required. A seller of a single carcass, side, quarter
  or primal source on a gross or hanging  weight  basis  must  provide  to
  buyers, in writing, the following at the times indicated:
    a. Prior to sale:
    i. the name and address of the seller;
    ii. the estimated gross or hanging weight of the order;
    iii.  the  U.S.D.A.  quality  grade  of the meat to be supplied, if so
  graded;
    iv. the estimated total price of the order;
    v. the estimated cutting loss on the order;
    vi. a list, by name and estimated count, of each  cut  to  be  derived
  from each primal source;
    vii.  the  price  per  pound  of  the carcass, side, quarter or primal
  source before cutting and wrapping;
    viii. additional costs of cutting, wrapping and freezing, if any; and
    ix. that the buyer may keep the cutting loss.
    b. At the time of delivery:
    i. the name and address of the seller;
    ii. the total delivered weight of the meat;
    iii. the cutting loss;
    iv. a list, by name and count, of each cut derived  from  each  primal
  source.
    c.  Exemption.  This  subdivision  shall  not apply to the sale of any
  carcass, side, quarter or primal source of meat which individually has a
  gross or hanging weight of fifty pounds or less.
    4. Violations:
    A violation of  this  section  shall  be  subject  to  the  applicable
  penalties  of  this  chapter.  A  violation  of  this  section shall not
  constitute a misdemeanor pursuant to the provisions of section forty-one
  of this chapter unless  such  violation  is  committed  with  intent  to
  defraud.
    In addition to the foregoing, an application may be made to a court or
  justice  having  jurisdiction  to  issue  an  injunction,  to enjoin and
  restrain the continuance of such violations; and if it shall  appear  to
  the  satisfaction  of  the  court or justice, that the defendant has, in
  fact,  violated  this section, an injunction may be issued by such court
  or justice, enjoining and restraining any further violation.