L. 1922, ch. 48. Weights and measures. §§ 194-196. modities not in containers shall be sold or offered for sale by standard net weight, standard measure or numerical count; and such net weight, measure or count shall be marked thereon, or on a label or tag attached thereto; provided, however, that vegetables may be sold by the head or bunch. Source.-General Business Law (L. 1909, ch. 25), § 16, as added by L. 1912, ch. 81, and amended by L. 1920, ch. 874. § 194. Net contents of containers to be indicated on the outside thereof. -When commodities are sold or offered for sale in containers whose sizes are not otherwise provided by statute, the net quantity of the contents of each container, shall be plainly and conspicuously marked, branded or otherwise indicated on the outside or top thereof or on a label or a tag attached thereto in terms of weight, measure or numerical count; provided, however, that reasonable variations shall be permitted. (Amended by L. 1922, ch. 360, in effect Oct. 1, 1922.) Source.-General Business Law (L. 1909, ch. 25), § 17, as added by L. 1912, ch. 81. § 195. Exceptions. The provisions of the last two sections shall not apply to containers or commodities in containers with ornamentations or decorations exclusively for gifts or social favors or to commodities dispensed for consumption on the premises, or to commodities or containers put in receptacles used merely for the purpose of carrying or delivering of commodities or containers complying with the provisions of such sections, or when the numerical count of the individual units is six or less, or in the case of liquids when the contents is two fluid ounces or less, or when the weight of the contents is three avoirdupois ounces or less, or to barrels, half barrels, quarter barrels, casks, kegs and packages used for the purpose of containing maltous beverages. Source.-General Business Law (L. 1909, ch. 25), § 17-a, as added by L. 1912, ch. 81, and amended by L. 1913, ch. 514. § 196. Guaranty furnished by wholesaler, jobber or manufacturer.-No person shall be prosecuted under the provisions of the last three sections when he can show a guaranty signed by a wholesaler, jobber or manufacturer, residing in the state of New York from whom he purchased the commodity in containers to the effect that they were not incorrectly marked within the meaning of such sections. The person making the sale and guaranty shall then be amendable to the prosecution, fines, and other penalties which would in due course attach to the dealer under the provisions of such sections. The name appearing on the container and the marking as provided by next to the last preceding section shall be deemed to constitute a guaranty. Source.-General Business Law (L. 1909, ch. 25), § 17-b, as added by L. 1912, ch. 81. §§ 198, 199. Food and food products. L. 1922, ch. 48. § 197. Construction of contracts.-All contracts made within the state for work to be done, or for the sale or delivery of personal property by weight or measure, shall be taken and construed according to the standards of weights and measures adopted in this article. Source.-General Business Law (L. 1909, ch. 25), § 10. A contract for the payment of a royalty per ton for the exclusive license to use patents in the iron and steel industries is not a contract "for work to be done," or for the sale or delivery of personal property, within the meaning of this section. Dwight & Lloyd Sintering Co. v. American Ore Reclamation Co. (1920), 263 Fed. 315. ARTICLE 17. ADULTERATION, PACKING, AND BRANDING OF FOOD AND FOOD Section 198. Prohibition as to adulterated or misbranded food. 199. 200. 201. 202. 203. Adulteration of food generally. Misbranding of food. When food not deemed adulterated or misbranded. Adulteration of confectionery. Manufacture and sale of imitation maple sugar and syrup prohibited. 204. Branding and labeling of maple sugar and syrup mixtures. 205. Defining honey. 206. Relative to selling a commodity in imitation or semblance of honey. 207. Definition of vinegars and adulterated vinegars. 208. Manufacture and sale of adulterated or imitation vinegar prohibited. 209. Packages containing vinegar to be branded. § 198. Prohibition as to adulterated or misbranded food.-No person or persons, firm, association or corporation shall within this state, manufacture, produce, compound, brew, distill, have, 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. Source.-Former Agricultural Law (L. 1909, ch. 9), § 200, as amended by L. 1914, ch. 494; Public Health Law (L. 1909, ch. 49), § 41. § 199. Adulteration of food, generally.-Food shall be deemed adulterated. 1. If any substance be mixed or packed with it so as to reduce or lower or injuriously affect its quality or strength. 2. If any substance has been substituted wholly or in part for the article. Source.-U. S. Food and Drug Act of 1906, chapter 3915, § 7. L. 1922, ch. 48. Food and food products. $ 200. 3. If any valuable constituent of the article has been wholly or in part abstracted. Source.-See note to subd. 2. 4. If it be mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed. Source.-U. S. Food and Drug Act, L. 1906, ch. 3915, § 7, subd. 4; former Agricultural Law (L. 1909, ch. 9), § 201, subd. 2, as amended by L. 1914, ch. 494. 5. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health provided, that when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically or by maceration in water or otherwise, and directions for the removal of said preservative shall be printed on the package, the provisions of this article shall be construed as applying only when said products are ready for consumption. Source.-U. S. Food and Drug Act (L. 1906, ch. 3915), § 7, subd. 5; former Agricultural Law (L. 1909, ch. 9), § 201, as amended by L. 1914, ch. 494; and Public Health Law (L. 1909, ch. 49, § 41. 6. If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter. Source. Former Agricultural Law (L. 1909, ch. 9), § 201, subd. 5, as amended by L. 1914, ch. 494. 7. If it contains methyl or wood alcohol in any of its forms, or any methylated preparation made from it. Source.-Former Agricultural Law (L. 1909, ch. 9), § 201, subd. 6, as amended by L. 1914, ch. 494; Public Health Law (L. 1909, ch. 49), § 41, subd. 8. § 200. Misbranding of food.-An article of food shall be deemed to be misbranded 1. If it be an imitation of or offered for sale under the distinctive name of another article. Source.-Former Agricultural Law (L. 1909, ch. 9), § 201, as amended by L. 1914, ch. 494; Public Health Law (L. 1909, ch. 49), § 41, subd. 4. 2. If the package containing it or its label shall bear any statement regarding such article, or the ingredients or substances contained therein, which shall be false or misleading in any particular. Source.-Former Agricultural Law (L. 1909, ch. 9), § 201, subd. 3, as amended by L. 1914, ch. 494. 3. If the package containing it or its label is falsely branded as to the state, territory or country in which it is manufactured or produced. Source.-Former Agricultural Law (L. 1909, ch. 9), § 201, subd. 3, as amended by L. 1914, ch. 494. §§ 201-203. Food and food products. L. 1922, ch. 48. 4. If it be contained in or served in or from any bottle or receptacles falsely marked, labeled or branded as to the name of the person or corporation manufacturing the same. Source.-Former Agricultural Law (L. 1909, ch. 9), § 201, second subd. 3, as amended by L. 1914, ch. 494. § 201. When food not deemed adulterated or misbranded.—An article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated, or misbranded, in the following cases: 1. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where such article has been manufactured or produced, and if it is not contained in, or served in, or from any bottle or receptacle falsely marked, labeled or branded as to the name of the person, persons or corporation manufacturing the same. Source.-Former Agricultural Iaw (L. 1909, ch. 9), § 201, as amended by L. 1914, ch. 494; Public Health Law (L. 1909, ch. 49), § 41. 2. In case of articles labeled, branded or tagged, so as to plainly indicate that they are mixtures, compounds, combinations, imitations or blends; provided that the same shall be labeled, branded or tagged so as to show the character and constituents thereof; and provided further, that nothing in this article shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except in so far as the provisions of this article may require to secure freedom from adulteration or imitation. Source.-Former Agricultural Law (L. 1909, ch. 9), § 201, as amended by L. 1914, ch. 494. § 202. Adulteration of confectionery.-An article of confectionery shall be deemed adulterated if it contain terra alba, barytes, tale, chrome yellow or other mineral substances or poisonous color or flavor or other ingredient deleterious or detrimental to health. Source.-Former Agricultural Law (L. 1909, ch. 9), §201. as amended by L 1914, ch. 494; Public Health Law (L. 1909, ch. 49), § 41, subd. D. § 203. Manufacture and sale of imitatation maple sugar and syrup prohibited.-1. No person shall manufacture for sale, keep for sale, or offer or expose for sale, any sugar in imitation or semblance of maple sugar which is not pure maple sugar, nor any syrup in imitation or semblance of maple syrup, which is not pure maple syrup, nor shall any person manufacture, offer or expose for sale any sugar as and for maple sugar L. 1922, ch. 48. Food and food products. §§ 204-206. which is not pure maple sugar, nor any syrup as and for maple syrup which is not pure maple syrup. 2. For the purpose of this article the term "maple sugar" shall be deemed to mean sugar made from pure maple sap or pure maple syrup, and the term "maple syrup" shall be deemed to mean syrup made from pure maple sap. Source.-Former Agricultural Law (L. 1909, ch. 9), § 314. § 204. Branding and labeling of maple sugar and syrup mixtures.-No person shall manufacture, sell or expose for sale, any compound or mixture as and for sugar which shall be made up of maple sugar mixed with any other sugar or any other substance without branding or labeling the said sugar with a statement giving the ingredients of which it is made up. No person shall manufacture, sell, expose for sale or offer for sale. any compound or mixture as syrup which shall be made up of maple syrup mixed with any other syrup or ingredient without branding or labeling said syrup with a statement giving the ingredients of which it is made. up. This shall not be construed to apply to a syrup or syrups manufactured and sold for medical purposes only. Source.-Former Agricultural Law (L. 1909, ch. 9), § 315. § 205. Defining honey.-The terms "honey," "liquid or extracted honey," "strained honey," or "pure honey," as used in this article, shall mean the nectar of flowers that has been transformed by, and is the natural product of the honey-bee, taken from the honeycomb and marketed in a liquid, candied or granulated condition. Source.-Former Agricultural Law (L. 1909, ch. 9), § 301. § 206. Relative to selling a commodity in imitation or semblance of honey. No person or persons shall sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded as "honey," "liquid or extracted honey," "strained honey" or "pure honey," which is not pure honey. No person or persons, firm, association, company or corporation, shall manufacture, sell, expose or offer for sale, any compound or mixture branded or labeled as and for honey which shall be made up of honey mixed with any other substance or ingredient. There may be printed on the package containing such compound or mixture a statement giving the ingredients of which it is made; if honey is one of such ingredients it shall be so stated in the same size type as are the other ingredients, but it shall not be sold, exposed for sale, or offered for sale as honey; nor shall such compound or mixture be branded or labeled with the word "honey" in any form other than as herein provided; nor shall any product in semblance of honey, whether a mixture or not, be sold, exposed or offered for sale as honey, or branded or labeled with the word "honey," unless such article is pure honey. VOL. XXIII-50 |