2013 New York Consolidated Laws
AGM - Agriculture & Markets
Article 4 - (46 - 71) Dairy Products.
48 - Receptacles to be cleansed before returning; receptacles may be seized; evidence; violation.


NY Agri & Mkts L § 48 (2012) What's This?
 
    § 48. Receptacles  to be cleansed before returning; receptacles may be
  seized; evidence; violation. Whenever any can or receptacle is used  for
  transporting  or conveying milk, cream or curd to market for the purpose
  of selling or furnishing the same for consumption as human food, or  for
  manufacturing into human food, which can or receptacle, when emptied, is
  returned or intended to be returned to the person so selling, furnishing
  or  shipping such substance to be again thus used, or which is liable to
  continued use in so transporting, conveying, selling  or  shipping  such
  substance as aforesaid, the consumer, dealer or consignee using, selling
  or receiving the milk, cream or curd from such can or receptacle, shall,
  before so returning such can or receptacle remove all substances foreign
  to  milk  therefrom,  by  rinsing with water or otherwise. When any such
  milk, cream or curd is sold within any city of  this  state  or  shipped
  into  any  such  city,  the fact of such shipment or sale shall be prima
  facie evidence that the same was so shipped or sold for  consumption  as
  human  food  or to be manufactured into human food. When any such can or
  receptacle is returned or delivered or shipped to any person or creamery
  so selling such substance within, or shipping the same into  such  city,
  it  shall  be  deemed  that  such  can  or  receptacle is liable to such
  continued use in so selling  or  shipping  such  substance  therein  for
  consumption  as  human  food  within  the  meaning  and purposes of this
  article. No person shall place or suffer to be placed in any such can or
  receptacle any sweepings, refuse, dirt, litter, garbage,  filth  or  any
  other  animal  or  vegetable  substance, nor shall any such consignee or
  other person through himself, his agent or employee, bring or deliver to
  any person or railroad or other conveyance any such  can  or  receptacle
  for  the  purpose  of  such  return,  or  any milk, cream or curd can or
  receptacle for the purpose of delivery or  shipment  to  any  person  or
  creamery   engaged  in  so  selling  or  shipping  such  substances  for
  consumption as human food, which can or receptacle contains such foreign
  substance or which has not been rinsed  as  herein  provided.  The  word
  "curd"  as used in this article applies to the substance otherwise known
  as "pot cheese" or "cottage cheese." Whenever any such can or receptacle
  is used, returned, delivered or shipped in  violation  of  this  article
  every  such  use,  return,  delivery  or  shipment  of  each such can or
  receptacle shall be deemed a separate violation thereof.  Such  cans  or
  receptacles so used, returned, delivered or shipped in violation of this
  article  may be seized by the commissioner, his assistants or agents and
  held as evidence of such violation.

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