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2012 New York Consolidated Laws
AGM - Agriculture & Markets
Article 21 - (252 - 258-R) Milk Control
253 - Definitions.


NY Agri & Mkts L § 253 (2012) What's This?
 
    § 253. Definitions. As used in this article unless otherwise expressly
  stated, or unless the context or subject matter otherwise requires:
    1.  "Division"  means  the  division  of  milk control created by this
  article.
    2. "Director" means the director of the division of milk control.
    3. "Person"  means  any  person,  firm,  corporation,  co-partnership,
  association,  co-operative  corporation  or  unincorporated co-operative
  association.
    4. "Milk dealer" means any person  who  purchases,  handles  or  sells
  milk,  or  bargains  for the purchase or sale of milk, including brokers
  and agents. Each corporation which if a natural person would be  a  milk
  dealer  within  the  meaning  of  this  article,  and any subsidiary and
  affiliate of such corporation similarly engaged, shall be deemed a  milk
  dealer  within  the  meaning  of  this definition. A hotel or restaurant
  which sells only milk consumed on the premises where sold, or a producer
  who delivers milk only to a milk dealer, or a person who purchases  milk
  from  licensed  dealers to be combined by him with non dairy products in
  the manufacture of candy, soup or other food products (except melloream)
  shall not be deemed a milk dealer.
    6. "Licensee" means a licensed milk dealer.
    7. "Milk", for the purposes of  this  article,  means  all  skim  milk
  resulting from the separation of butterfat from whole milk, or resulting
  from  reconstituting  or  recombining nonfat milk solids with water, and
  all butterfat in the form of or contained  in  milk,  homogenized  milk,
  vitamin   D   milk,   vitamin-mineral  fortified  milk,  flavored  milk,
  standardized milk, concentrated milk in consumer  packages,  fluid  skim
  milk,  modified  skim  milk,  skim milk drinks, buttermilk, fresh cream,
  half and half, or any product or  products  having  the  appearance  and
  taste  of  any  of  the  above, regardless of the name by which they are
  labeled or  represented.  It  includes  such  skim  milk  and  butterfat
  contained in melloream whose appearance, odor or taste is similar to any
  of  the  aforesaid.  In  each instance where quantity is referred to the
  intent is to include the  combined  product  pounds  of  skim  milk  and
  butterfat contained therein.
    8. "Producer" means a person producing milk.
    9.  "Consumer" means any person other than a milk dealer who purchases
  milk for fluid consumption.
    10. "Store" means an individual business establishment at one location
  including a grocery  store,  hotel,  restaurant,  soda  fountain,  dairy
  products  store,  automatic  milk vending machine, gasoline station or a
  similar mercantile  establishment  offering  goods  and/or  services  at
  retail  to  individual  consumers. The commissioner may after due notice
  and public hearing define as a store such other mercantile establishment
  as he finds conforms to the definition as herein provided.
    11. "Milk broker" means  any  person  who  buys  and  sells  milk  for
  licensees on a fee or commission basis or who arranges for or negotiates
  contracts to buy or sell milk among licensees.

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