§ 258-J — Construction, exceptions and limitations

§ 258-j. Construction, exceptions and limitations. The license\nrequired by this article shall be in addition to any other license\nrequired by this chapter or otherwise required by law. This article\nshall apply to the city of New York, but shall not be construed to\nconflict with, alter or repeal laws in force relating to the board of\nhealth or the department of health of the city of New York, nor the\nhealth code in force in such city or any amendments thereof duly adopted\nnor shall any provision of this article or any regulations adopted\nthereunder, relating to matters of health, sanitation or purity or\nwholesomeness of milk which is in conflict with the health code or the\nregulations of the board of health or the department of health of the\ncity of New York, apply to the city of New York, or to the production\nand transportation of milk for said city. No milk dealer shall hereafter\naccept for sale or distribution in a marketing area or at a plant\nsupplying such marketing area when such marketing area is regulated by a\nstate milk marketing order, milk from any premises on which milk is\nproduced or from any plant in which milk is handled unless such premises\nconstitute a milk production area dairy farm as defined by section two\nhundred fifty-eight-l or unless the milk from such plant has been\nreceived for sale or distribution in such marketing area or at a plant\nsubject to such order within the past two full calendar years without\nfirst satisfying the commissioner that such proposed added milk supply\nis reasonably needed for such marketing area, and that the acceptance of\nsuch added milk supply will not deprive any municipality or any other\nmarketing area of a supply, present or future, more conveniently related\nto it. If any clause, sentence, paragraph or part of this article shall\nfor any reason be adjudged by any court of competent jurisdiction to be\ninvalid, such judgment shall not affect, impair or invalidate the\nremainder thereof, but shall be confined in its operation to the clause,\nsentence, paragraph, or part thereof, directly involved in the\ncontroversy in which such judgment shall have been rendered. No\nprovision of this article shall apply or be construed to apply to\nforeign or interstate commerce, except insofar as the same may be\neffective pursuant to the United States constitution and to the laws of\nthe United States enacted pursuant thereto. Technical, legal and other\nassistants and employees in the service of the milk control board at the\ntime such transfer takes place shall be transferred to the division,\nsubject to qualifying examinations to be conducted by the civil service\ncommission as soon as convenient after transfer, and in the meantime\nthey shall serve without examination. The civil service commission shall\ndesignate, upon advice of the commissioner the positions which it is not\npracticable to fill by competitive examinations, including the director,\nassistant director, counsel and assistant counsel.\n