§ 190-B — Sale of meat in bulk or on a gross or hanging weight basis

§ 190-b. Sale of meat in bulk or on a gross or hanging weight basis.\n1. Definitions. As used in this section, unless the context otherwise\nrequires, the following words and phrases shall have the following\nmeanings:\n a. "Primal source" means the following cuts: (i) for beef, the primal\nsources are the round, flank, loin, rib, plate, brisket, chuck and\nshank; (ii) for veal and lamb or mutton, the primal sources are the leg,\nflank, loin, rack (rib) and shoulder; and (iii) for pork, the primal\nsources are the belly, loin, ham, spareribs, shoulder and jowl.\n b. "Seller" means any person, partnership, corporation, or\nassociation, however organized, engaged in the sale at retail of meat\nprovided however that this section shall not apply to any seller whose\ntotal annual retail sales are less than ten thousand dollars.\n c. "Cutting loss" means the weight of meat, fat and bone removed from\nthe carcass, side, quarter or primal source during standard or custom\ncutting procedures.\n d. "Gross or hanging weight" means the weight of any single carcass,\nside, quarter or primal source of meat prior to cutting or trimming such\nmeat into any constituent part.\n 2. Sale of a single carcass, side, quarter or primal source of meat.\nSellers of a single carcass, side, quarter or primal source of meat may\nsell such meat on a gross or hanging weight basis, provided such meat is\nderived from a single carcass, side, quarter or primal source of meat.\nWith respect to any other retail sale of meat, the seller shall disclose\nin writing to the buyer the net weight, the selling price per pound and\nthe total selling price of each cut.\n 3. Disclosures required. A seller of a single carcass, side, quarter\nor primal source on a gross or hanging weight basis must provide to\nbuyers, in writing, the following at the times indicated:\n a. Prior to sale:\n i. the name and address of the seller;\n ii. the estimated gross or hanging weight of the order;\n iii. the U.S.D.A. quality grade of the meat to be supplied, if so\ngraded;\n iv. the estimated total price of the order;\n v. the estimated cutting loss on the order;\n vi. a list, by name and estimated count, of each cut to be derived\nfrom each primal source;\n vii. the price per pound of the carcass, side, quarter or primal\nsource before cutting and wrapping;\n viii. additional costs of cutting, wrapping and freezing, if any; and\n ix. that the buyer may keep the cutting loss.\n b. At the time of delivery:\n i. the name and address of the seller;\n ii. the total delivered weight of the meat;\n iii. the cutting loss;\n iv. a list, by name and count, of each cut derived from each primal\nsource.\n c. Exemption. This subdivision shall not apply to the sale of any\ncarcass, side, quarter or primal source of meat which individually has a\ngross or hanging weight of fifty pounds or less.\n 4. Violations:\n A violation of this section shall be subject to the applicable\npenalties of this chapter. A violation of this section shall not\nconstitute a misdemeanor pursuant to the provisions of section forty-one\nof this chapter unless such violation is committed with intent to\ndefraud.\n In addition to the foregoing, an application may be made to a court or\njustice having jurisdiction to issue an injunction, to enjoin and\nrestrain the continuance of such violations; and if it shall appear to\nthe satisfaction of the court or justice, that the defendant has, in\nfact, violated this section, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation.\n