§ 56-A — Taking of composite sample; record of tests

§ 56-a. Taking of composite sample; record of tests. Corporations,\nassociations or persons buying milk and/or cream from producers of milk\nand/or cream to be paid for on the basis of the percentage of a\ncomponent or components of such milk or cream and taking samples\ntherefrom to form a composite sample to be tested periodically to\ndetermine its value on such basis, shall, at the request of the\nproducer, or of his agent designated in writing, take such samples in\nduplicate and subject them to the same treatment. At the end of the\nperiod for which the composite samples were taken, such corporation,\nassociation or person shall tender same to the producer thereof, or to\nhis authorized agent, and give such producer, or his authorized agent,\nthe choice of one of the two composite samples so taken. Such producer,\nor his authorized agent, may send such duplicate composite sample,\nproperly marked for identification of the component or components upon\nwhich payment or settlement for the milk is based and with the\nproducer's name and post office address, to the New York State food\nlaboratory of the department within three days from the receipt thereof.\nSuch laboratory shall cause such sample to be tested for the per centum\nof such component or components contained therein, and shall cause a\nreport of such test to be sent to the producer or to his authorized\nagent, from whom it was received within ten days thereof, or as soon\nthereafter as possible. Persons testing composite samples of milk and/or\ncream taken from milk or cream bought or received from producers, where\nthe value thereof is determined by the percentage of a component or\ncomponents contained in such milk or cream, shall preserve intact the\nremaining portion of the sample from which the test was made, and in the\ncase of milk keep the same for at least ten days and in the case of\ncream keep the same for at least one day after the making of such test,\nfor the purpose of permitting the commissioner or his duly authorized\nrepresentative to examine and test the same. Whenever a producer shall\ndesignate in writing his authorized agent, the period for which such\nauthorization shall be in effect shall be stated and the time or times\nwhen such duplicate composite sample or samples shall be tendered to the\nauthorized agent. The corporation, association or person buying such\nmilk and/or cream shall permit the authorized agent to collect the\nsamples so chosen.\n Persons making such tests of samples of milk and/or cream so purchased\nor received shall, immediately after such tests are completed, prepare a\nlist containing the names or numbers of the producers whose milk and/or\ncream was so tested, and place opposite each such producer's name or\nnumber the percentage of each component or components, upon which\npayment or settlement is based, found to have been contained in the\nsample of milk and/or cream representing the milk and/or cream delivered\nby each such producer. Such lists so prepared shall be made with\nindelible pencil or permanent ink and shall be filed in the plant or\nplace where such milk and/or cream is bought or received, and each such\nlist shall be duly signed by the person making such tests and preparing\nsuch lists, and such person shall place beneath his signature the number\nof the state license under which he is testing.\n All such lists shall be kept as a record for at least one year and\nshall be open to examination at all times by the commissioner or his\nduly authorized representative. At any time, upon request of any\nproducer, or his authorized agent, the purchaser or receiver of such\nmilk and/or cream shall permit such producer to examine such part of\nsaid record as contains information concerning the samples of milk\nand/or cream representing the milk and/or cream delivered by such\nproducer. Every such purchaser or receiver of milk and/or cream from the\nproducer thereof shall, on written request therefor, made by the\nproducer or by his authorized agent, mail or deliver to the producer or\nhis authorized agent, at each time thereafter when such list is made a\nwritten statement of the percentage of the component or components, upon\nwhich payment or settlement was based, found to have been contained in\nthe sample or samples representing the milk and/or cream delivered by\nsuch producer.\n Without the written permission of the commissioner, no sample of milk\nand/or cream so tested by the purchaser or his representative shall be\ntested at a plant or place other than the one where received, nor\nwithout such permission shall any such sample of milk be removed from\nany such plant or place where tested within ten days from the date of\ntesting, nor shall any such sample of cream be removed therefrom within\none day from such date of testing.\n