Second Class Cities Law, Art. 3 (McKinney's Consolidated Laws Annotated, Ch. 53, Book 52)-Sealer of Weights and Measures.

Sec. 12. Appointment.

There shall be appointed by the mayor a sealer of weights and measures. [1909]

Sec. 13. Term of office.

The term of office of the

sealer of weights and measures shall be two years, unless sooner removed by the mayor. [1909]

Second Class Cities Law, Art. 14 (McKinney's Consolidated Laws Annotated, Ch. 53, Book 52)-Sealer of Weights and Measures.

Sec. 211. Powers; duties; salary.

The sealer of weights and measures shall, within the city, have the powers and perform the duties of sealers of weights and measures of towns under the general laws of the state. He shall supervise the weighing of coal and perform such other duties as may be prescribed by law or ordinance of the common council. He shall receive a salary, to be fixed by the board of estimate and apportionment, and no fees shall be charged or collected by him or by the city for his services. [1909]

Village Law, Art. 3 (McKinney's Consolidated Laws Annotated, Ch. 64, Book 63)-Classification.

Sec. 40. Classification according to population.

Villages are divided into classes according to their population, as shown by the last enumeration, village, state or federal, as follows:

First class. Villages containing a population of five thousand or more.

Second class. Villages containing a population of three thousand and less than five thousand.

Third class. Villages containing a population of one thousand and less than three thousand.

Fourth class. Villages containing a population of less than one thousand. [1909]

Village Law, Art. 4 (McKinney's Consolidated Law Annotated, Ch. 64, Book 63)-Powers of Board of Trustees.

Sec. 89. Establishment and maintenance of village scales. The board of trustees of a village.

13. May establish and maintain a village clock and scales for the public convenience; and fix the fees for the use of such scales. [1909; last amended 1949.]

Agriculture and Markets Law, Art. 4 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) -Milk and Cream.

Sec. 56. Determination of milk fat; standard bottles or pipettes; sealing; offense.

In milk-receiving or manufacturing plants and other places using any volumetric method for determining the fat content of milk and/or cream, where the result of such determination is to be used wholly or in part as a basis for payment or settlement for such milk and/or cream, or where the proceeds of co-operative creameries or such milk-receiving or manufacturing plants are allotted on the basis of the determination of milk fat, or where the result of such test is used for the purpose of official inspection or for public record, no bottle or pipette shall be used in such determination unless such bottle or pipette has been legibly and indelibly marked with the letters "N.Y." by the director of the New York state agricultural experiment station or by his duly authorized representative. No such bottle or pipette shall be so marked unless it has been found upon examination to be so constructed and graduated as to show accurately the amount of milk fat contained in milk and/or cream. Any such bottles or pipettes upon examination are found to conform to the standard specifications promulgated by the national bureau of standards shall be deemed to be so constructed and graduated. The provisions of this article [Secs. 46-71], however, shall not preclude the use of a bottle or a pipette already marked "S. B." by the director of the New York state agricultural experiment station.

which

The commissioner [of agriculture and markets] or persons employed by him for that purpose may at any time inspect the equipment and assist in making tests of milk and/or cream received at any milk-receiving or manufacturing plant or other place of testing for the purpose of determining the accuracy of tests so made.

or

Any person or persons using other than the properly marked bottles or pipettes, crediting any patron delivering milk and/or cream with a greater or lesser percentage or average percentage of milk fat than is actually contained in such milk and/or cream so delivered and as determined by the method or methods herein provided shall be deemed to have violated the provisions of the agriculture and markets law.1 [1941]

1 See Secs. 39-41, pages 691-692, penalties for violations. Sec. 56-b. Determination of bacterial count; standard pipettes; sealing; offenses.

In milk-receiving or manufacturing plants and other places using methods approved by the commissioner [of agriculture and markets] for determining the bacterial count in milk and/or

Agriculture and Markets Law, Art. 4 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) -Milk and Cream-Continued.

cream, where the result of such determination is to be used wholly or in part as a basis for payment or settlement for such milk or cream, or where the proceeds of cooperative creameries or such milkreceiving or manufacturing plants are allotted on the basis of the bacterial count, no pipette shall be used in such determination unless the same has been legibly and indelibly marked with the letters. "N.Y." by the director of the New York state agricultural experiment station or by his duly authorized representative. No such pipette shall be so marked unless it has been found upon examination to be so constructed and graduated as to deliver accurately the amount of liquid required for the determination. The provisions of this article [Secs. 46-71], however, shall not preclude the use of a pipette already marked "S.B.", by the director of the New York state agricultural experiment station.

The commissioner or persons employed by him for that purpose may at any time inspect the equipment and assist in making bacterial counts of milk and/or cream received at any milkreceiving or manufacturing plant or other place where counts are made for the purpose of determining the accuracy of the counts so made.

Any person or persons using other than the properly marked pipettes or crediting any patron delivering milk and/or cream with a larger or smaller bacterial count than that obtained by the actual count of the bacteria in the milk and/or cream so delivered and as determined by the method or methods approved by the commissioner shall be deemed to have violated the provisions of the agriculture and markets law.1 [1941]

1 See Secs. 39-41, pages 691-692, penalties for violations. Agriculture and Markets Law, Art. 8 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) -Concentrated Commercial Feeding Stuffs. Sec. 128. Definition.

The term "concentrated commercial feeding stuffs" as used in this article [Secs. 128-135] shall apply to no materials other than those known as concentrates, and shall include linseed meals, cottonseed meals, pea meals, bean meals, peanut meals, cocoanut meals, gluten meals, velvet bean meals, soya bean meals, dried yeast grains, dried vinegar grains, corn germ meal, feeding molasses, gluten feeds, cottonseed feeds, maize feeds, velvet bean feeds, peanut feeds, dried distillers' grains, dried brewer's grains, malt sprouts, except as hereinafter provided, hominy feeds, rice meals, corn and oat chops, corn feed meal, corn bran, corn and cob meal, wheat bran, wheat middlings, wheat feed, rye feed, rye middlings, buckwheat middlings and

buckwheat feed, ground beef or fish scraps, meat meals, meat and bone meals mixed, dried blood, milk by-products, mixed feeds, compounded feeds, condimental stock and poultry feeds, proprietary or trade-marked stock and poultry feeds, and all other materials of a similar nature; but shall not include the materials defined in this article as roughages, the whole seeds nor pure whole grains ground together nor the unmixed meals, made directly from the entire grains of wheat, rye, barley, oats, corn, buckwheat and broom corn, nor malt sprouts, when sold as such by the malster at retail, nor ground or cracked bone not mixed with any other substance, nor shall it include poultry feeds consisting of whole or whole and cracked grains mixed together, with or without grit, oyster shells or charcoal, when all the ingredients may be iden tified by the naked eye. [1922]

Sec. 131. Marking requirements.

No manufacturer, firm, association, corporation or person shall sell, offer or expose for sale or for distribution in this state, any concentrated com mercial feeding stuffs used for feeding live stock unless such concentrated commercial feeding stuffs shall be accompanied by or shall have affixed to each and every package in a conspicuous place or the outside thereof and near the top, a tag, the form of which shall be prescribed by the commis sioner [of agriculture and markets] and which shal bear a plainly printed statement which shall certify as follows:

1. The net weight of the contents of the package except in the case of malt sprouts sold in package containing uneven weights.

The statement to be placed upon the tag or sack as herein provided shall be the same statement a that upon the application filed in the office of th commissioner by the applicant when applying fo a license as required by section one hundred an thirty-two of this chapter [Secs. 128-135].

Metal fasteners with sharp points shall not b used to attach a tag to the container if in th container there is a feeding stuff, irrespective whether it be a concentrate as defined in this a ticle or a feeding stuff exempt from the provision of this article.

Where the feeding stuff is in white or ligh colored paper or cloth sacks, or in new sacks, th tag may be omitted, but the statement herein pr vided for shall be plainly and conspicuously printe upon each sack. If any such concentrated comme cial feeding stuffs be sold, offered or exposed f sale in bulk, such printed statement shall accor pany every car or lot. Any such feeding stuffs pu chased in bulk and thereafter placed in sacks f the purpose of sale shall have tags attached to ea sack giving the information as provided herein b

fore being sold, offered or exposed for sale. Whenever any feeding stuffs are sold at retail in bulk or in sacks or other containers belonging to the purchaser, the seller, upon request of the purchaser, shall furnish the said purchaser the information contained in the certified statement provided herein. Whenever any dealer shall mix a concentrated commercial feeding stuff to a customer's order, he shall, upon request, give to the customer at the time of delivery of the feeding stuff a printed or written statement of all of the materials used and the weight of each. [1922; last amended 1928.]

Sec. 133-a. Misrepresentations prohibited.

*

No person shall sell or offer for sale or advertise for sale any concentrated commercial feeding stuffs, if the package containing it, or the label or tag attached thereto, or any advertising relative to it, shall bear any statement or device regarding such concentrated commercial feeding stuffs which is false or misleading in any particular. [1928]

[ED. NOTE.-The provisions of this article [Secs. 128– 135 are enforced by the Commissioner of Agriculture and Markets, see Secs. 16-20, pages 690-691.

For penalties for violations, see Secs. 39-41, pages 691692.]

Agriculture and Markets Law, Art. 10 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) Commercial Fertilizer.

Sec. 143. Marking requirements.

No manufacturer, firm, association, corporation or person shall sell, offer or expose for sale in this state any commercial fertilizer or any material to be used as fertilizer, except animal manures which have not been artificially treated or manipulated, unless such commercial fertilizer or material to be used as a fertilizer shall be accompanied by or shall have affixed to each and every package in a conspicuous place on the outside thereof, a plainly printed statement which shall certify as follows:

1. The net weight of the contents of the package.

If any commercial fertilizer or material to be used as a fertilizer, be sold, offered or exposed for sale in bulk such printed statement shall accompany every lot and parcel so sold, offered or exposed for sale. [1922; last amended 1941.]

Sec. 144. False label regarding net weight a violation.

It shall be a violation of the provisions of this article [Secs. 143-147] if the statement required by the last preceding section shall be false in regard to the net weight of the contents of the package sold, offered or exposed for sale, [1922; last amended 1941.]

[ED. NOTE. The provisions of this article [Secs. 143147] are enforced by the Commissioner of Agriculture and Markets, see Secs. 16-20, pages 690-691.

For penalties for violations, see Secs. 39-41, pages 691– 692.]

Agriculture and Markets Law, Art. 11 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B)— Economic Poisons.

Sec. 148. Definitions.

As used in this article [Secs. 148-151-e]:

1. The term "economic poison" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or other animal, which the commissioner [of agriculture and markets] shall declare to be a pest.

14. The term "label" means the written, printed, or graphic matter on, or attached to, the economic poison, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the economic poison.

17. The term "misbranded" shall apply:

(1) to any economic poison if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

(2) to any economic poison:

(e) if any word, statement, or other information required by or under the authority of this article to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use, [1947; last amended 1948.]

Sec. 149.1 Prohibited acts; marking requirements.

1. It shall be unlawful for any person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:

(2) Any economic poison unless there is affixed to the container or to the immediate outside wrapper, if there be one, a label bearing:

(c) the net weight or measure of the content; subject, however, to such reasonable variations as the commissioner [of agriculture and markets] may permit.

(5) Any economic poison which is adulterated or misbranded. [1947; last amended 1948.]

1 For penalties for violations of the Agriculture and Markets Law, see Secs. 39-41, pages 691-692.

Agriculture and Markets Law, Art. 11 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) -Economic Poisons-Continued.

Sec. 151-b. Seizures.

2. Whenever the commissioner [of agriculture and markets] or his duly authorized representative shall find distributed, sold, exposed or offered for sale within this state any economic poison which is adulterated or misbranded as defined in this article, or which fails to bear on its label the information required by this article, he

may seize or destroy such economic poison.

Whenever the commissioner finds, or has probable cause to believe, that any such economic poison is adulterated or misbranded or improperly labeled, he may affix to such economic poison a tag or other appropriate marking giving notice that such economic poison is or is suspected of being adulterated or misbranded, or improperly labeled,

* and has been quarantined, and warning all persons not to remove or dispose of such economic poison, by sale or otherwise, until permission for removal or disposal is given by the commissioner or his duly authorized representative. It shall be a violation of this article for any person to remove or dispose of such seized or quarantined economic poison by sale or otherwise without such permission. [1947]

[ED. NOTE.—This Act includes exemptions with respect to economic poisons used officially by State or Federal officials, used experimentally, and intended for export, Sec. 151-a, not included herein.]

Agriculture and Markets Law, Art. 13 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B)— Apples.

Sec. 157. Closed packages defined.

The term "closed package", wherever used in this article [Secs. 158-160], shall mean a barrel, box or other container, the contents of which cannot be adequately inspected without opening it. [1927]

Sec. 158. Marking requirements.

Each closed package of apples, packed or repacked within this state, when sold, exposed for sale or transported for sale, shall be plainly and conspicuously branded to show:

(4) Quantity of contents.

(5) Name and address of packer or repacker. [1927; last amended 1930.]

Sec. 159.1 Offenses; presumption; rules and regulations.

1. No person shall sell, expose for sale, or transport for sale, apples in closed packages packed or repacked within the state which are not branded as required by section one hundred and fifty-eight

2. No person shall sell, expose for sale, or transport for sale, apples, either in open or closed packages, if the package containing them or the label on them shall bear any statement, design or device regarding the apples which shall be false or misleading in any particular.

4. When apples in closed packages are delivered to a common carrier for shipment, or delivered to a storage house for storage, such delivery shall be presumptive evidence that the apples are intended for sale.

The commissioner [of agriculture and markets] shall adopt and promulgate such rules and regulations to supplement and give full effect to the provisions of this article [Secs. 158-160] as he may deem necessary. [1927]

1 For penalty for violations of Agriculture and Markets Law, see Secs. 39-41, pages 691-692.

Agriculture and Markets Law, Art. 13-A (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B, Secs. 160-a to 160-e)-Eggs.

[ED. NOTE.—These sections provide for the sale of eggs by grades or standards of quality and size or weight of eggs. to be enforced by the department of agriculture and markets. As they relate primarily to quality, the pertinent sections are omitted.]

Agriculture and Markets Law, Art. 13-b (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B)— Grapes.

Sec. 160-h. Definitions.

The term "package," wherever used in this article [Secs. 160h-160k], shall mean a basket, box or other container the contents of which can be adequately inspected. The terms "shipment,” or "ship for sale," wherever used in this article, shall mean movement to market in a railroad car, motor truck or other medium of transportation, but shall not be construed to include the process of delivery to a local warehouse, shipping station or processor. [1928; last amended 1937.]

Sec. 160-j. Marking requirements.

Grapes in packages, if not definitely marked as ungraded as herein before provided, shall, prior to shipment, be marked in a plain and conspicuous manner with the name and address of the person or association under whose authority the grapes are packed and on an irremovable part of the con tainer with a statement of (1) the grade, and the net quantity or weight of contents. [1928, last amended 1937.]

Sec. 160-k.1 Offenses; presumption; rules and regulations.

1. No person shall sell, expose for sale, or transport for sale grapes in open or closed packages if the package containing them, the label on them, or any advertising accompanying them shall bear any statement, design or device regarding the grapes which shall be false or misleading in any particular.

3. When grapes in packages are delivered to a common carrier for shipment, such delivery shall be presumptive evidence that the grapes are intended for sale.

The commissioner [of agriculture and markets] shall adopt and promulgate such rules and regulations to supplement and give full effect to the provisions of this article [Secs. 160-h-160-k] as he may deem necessary. [1928; last amended 1937.]

1 For penalties for violations of the Agriculture and Market Law, see Secs. 39-41, pages 691–692.

Agriculture and Markets Law, Art. 17 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B)Food.

Sec. 198. Definitions.

1. The terms "food" and "food product" shall include all articles of food, drink, confectionery or condiment, whether simple, mixed or compound, used or intended for use by men or animals, and shall also include all substances or ingredients to be added to food for any purpose. This definition shall be construed as including chewing gum.

4. The term "labeling" means all labels and other written, printed, or graphic matter (a) upon an article or any of its containers or wrappers, or (b) accompanying such article.

5. The term "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of a food or food product. [1939]

Sec. 199. Application of article.

The provisions of this article [Secs. 198-214-c] regarding the selling of food shall be considered to include the manufacture, production, processing, packing, transportation, exposure, offer, possession, and holding of any such article for sale; the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any food establishment. Provided that the word "transportation" as herein used shall not be deemed to include common carriers. [ 1939]

Sec. 199-a.1 Prohibition as to misbranded food.

No person or persons, firm, association or corporation shall within this state manufacture, compound, brew, distill, produce, process, pack, transport, possess, sell, offer or expose for sale, or serve in any hotel, restaurant, eating house or other place of public entertainment any article of food which is adulterated or misbranded within the meaning of this article [Secs. 198-214-c]. [1940] 1 For penalties for violations of Agriculture and Markets Law, see Secs. 39-41, pages 691-692.

Sec. 201.1 When food deemed misbranded.

Food shall be deemed to be misbranded: 1. If its labeling is false or misleading in any particular.

4. If its container is so made, formed, colored or filled as to be misleading. [1939]

1 See Sec. 194, page 699, net content label. Sec. 202-a. False advertising.

1. An advertisement concerning a food or food product shall not be false or misleading in any particular. [1939]

Sec. 202-b. Quarantine.

Whenever the commissioner [of agriculture and markets] finds, or has probable cause to believe, that any food or food product is adulterated or misbranded within the meaning of this article [Secs. 198-214-c], he may affix to such food or food product a tag or other appropriate marking, giving notice that such food or food product is, or is suspected of being, adulterated or misbranded and has been quarantined, and warning all persons not to remove or dispose of such food or food product by sale or otherwise until permission for removal or disposal is given by the commissioner or his duly authorized representative. It shall be a violation of this article for any person to remove or dispose of such quarantined food or food product by sale or otherwise without such permission. [1939]

Sec. 212. Oysters: Amount of free liquor allowed; quantity marking.

Oysters when sold or offered for sale in this state shall contain not more than ten per centum of free liquor. Every person engaged in putting up oysters for sale in kegs or cans, or offering them for sale in kegs or cans, not previously marked or branded, shall mark or brand such kegs or cans with the true quantity of oysters in pints, quarts or gallons which