§ 257. Licenses to milk dealers.
1.No milk dealer shall buy milk from\nproducers or others or deal in, handle, sell or distribute milk unless\nsuch dealer be duly licensed as provided in this article. It shall be\nunlawful for a milk dealer to buy milk from or sell milk to a milk\ndealer who is unlicensed, or in any way deal in or handle milk which he\nhas reason to believe has previously been dealt in or handled in\nviolation of the provisions of this chapter.\n 2. The commissioner may by official order exempt from the license\nrequirements provided by this article, milk dealers who purchase or\nhandle milk in a total quantity not exceeding three thousand pounds in\nany month, and/or milk dealers selling milk in any quantity in markets\nof one thousand population or less.\n 3. A stor
Free access — add to your briefcase to read the full text and ask questions with AI
§ 257. Licenses to milk dealers. 1. No milk dealer shall buy milk from\nproducers or others or deal in, handle, sell or distribute milk unless\nsuch dealer be duly licensed as provided in this article. It shall be\nunlawful for a milk dealer to buy milk from or sell milk to a milk\ndealer who is unlicensed, or in any way deal in or handle milk which he\nhas reason to believe has previously been dealt in or handled in\nviolation of the provisions of this chapter.\n 2. The commissioner may by official order exempt from the license\nrequirements provided by this article, milk dealers who purchase or\nhandle milk in a total quantity not exceeding three thousand pounds in\nany month, and/or milk dealers selling milk in any quantity in markets\nof one thousand population or less.\n 3. A store shall be exempt from the license requirements provided by\nthis article if such store does not engage in the customary functions of\na milk dealer and meets all the following conditions:\n (a) Sells no milk other than that purchased or received from a duly\nlicensed milk dealer, or a milk dealer exempted by official order of the\ncommissioner from the license requirements of this article.\n (b) Does not operate a milk pasteurizing plant.\n (c) Delivers no milk to hotels, restaurants, lunch counters, soda\nfountains, or any eating establishment to be consumed on the premises.\n (d) Sells not more than three thousand pounds of milk in any month for\noff-premises delivery.\n (e) Does not deliver or transport or cause to be delivered or\ntransported milk to a store or stores, except milk delivered to such\nstore by a licensed milk dealer or milk dealers.\n (f) Does not sell milk to other stores.\n (g) Does not purchase, buy, sell or deal in milk received from\nunlicensed dealers.\n 4. Farmers (including individuals and partnerships but not\ncorporations) selling not more than one hundred quarts daily average of\nmilk, or any amount of milk pasteurized on the farm where produced, to\ncustomers coming there for it shall be exempt from the license\nrequirements provided by this article.\n 5. Any person who sells food and beverages through vending machines\nshall be exempt from the licensing requirements provided that such\nperson (a) sells no milk in bulk or in containers that are greater than\none pint in size; (b) sells no milk other than that purchased or\nreceived from a duly licensed milk dealer, or a milk dealer exempted by\nofficial order of the commissioner from the license requirements of this\narticle; (c) does not operate a milk pasteurizing plant; and (d) is\nsubject to those provisions of the state sanitary code that regulate the\nsale of food and beverages through vending machines.\n