2006 New York Code - Method Of Sale Of Food And Food Products.

 
    § 190. Method  of  sale  of  food  and food products. 1. Definition of
  "food" and "food product." The terms "food" and "food product," as  used
  in  this  section,  shall  include all material, solid, liquid or mixed,
  whether simple or compound, used or intended for  consumption  by  human
  beings  or  domestic  animals  normally kept as household pets and shall
  also include all substances or ingredients to be added thereto  for  any
  purpose.
    2.  All  food and food products which are sold, offered or exposed for
  sale by wholesalers, packers, distributors or jobbers shall be sold,  or
  offered or exposed for sale by net weight, standard measure or numerical
  count  and  shall  be  plainly  marked, in such form or manner as may be
  prescribed by the commissioner, by such person offering the food or food
  products for sale except that it shall not be necessary to so mark meat,
  meat products or fish, other than shellfish in  natural  form,  provided
  the  net  weight  be  stated  on  a  written invoice and on the shipping
  container of the meat, meat product or fish.
    3. All food and food products which are sold, offered or  exposed  for
  sale  at  retail and which are not in containers, shall be sold, offered
  or exposed for sale by net weight, standard measure or  numerical  count
  under such regulations as may be prescribed by the commissioner.
    4.  All  food  and  food products which are packaged or wrapped by the
  retailer, and all food and food products which are packaged  or  wrapped
  in  random  weight,  measure  or  count  in  advance of being offered or
  exposed for sale at retail shall be accurately marked, in such  form  or
  manner  as  may  be  prescribed  by  the  commissioner, with (a) the net
  weight, standard measure or numerical count; (b) the selling  price  per
  pound  or  unit  of  standard  measure  and (c) the total selling price.
  Provided that in the case of food or food products packed at  one  place
  for  subsequent  shipment  to  and sale at another, the price and weight
  sections of the label may be left blank, to be filled in prior to  being
  offered or exposed for sale at retail.
    5.  Wherever food or food products are packaged or wrapped for sale by
  a retailer in advance of being sold, or offered or exposed for sale,  an
  accurate  computing  scale  of  sufficient capacity shall be maintained.
  Such scale  shall  be  located  not  more  than  thirty  feet  from  the
  pre-packaged  display  and shall be so placed as to be easily accessible
  to customers. A prominent and conspicuous  sign  reading  "for  customer
  use" shall be displayed on or near such scale.
    6.  The  provisions  of  this  section  shall not apply to commodities
  dispensed  for  consumption  on  the  premises,  or  to   packaging   or
  receptacles  used  merely  for  the  purposes  of carrying or delivering
  commodities or containers which  comply  with  the  provisions  of  this
  section,  or to a commodity in a container if the container contains (a)
  in the case of a commodity not a drug or cosmetic,  less  than  one-half
  ounce  avoirdupois,  less  than  one-half fluid ounce or less than seven
  units, (b) in the case of a drug, less than seven units, or (c)  in  the
  case  of  a  cosmetic, less than one-fourth ounce avoirdupois, less than
  one-eighth fluid ounce or less than seven units. The commissioner  shall
  by  regulation prescribe comparable metric quantities for the exceptions
  provided by this subdivision.  The exceptions involving declarations  in
  terms  of  count  shall  be permitted only if the units of commodity can
  easily be counted without opening the container.