§ 56-B — Determination of bacteria in milk and/or cream where purchase or settlement is made therefor on the basis of bacterial count

§ 56-b. Determination of bacteria in milk and/or cream where purchase\nor settlement is made therefor on the basis of bacterial count. In\nmilk-receiving or manufacturing plants and other places using methods\napproved by the commissioner for determining the bacterial count in milk\nand/or cream, where the result of such determination is to be used\nwholly or in part as a basis for payment or settlement for such milk or\ncream, or where the proceeds of co-operative creameries or such\nmilk-receiving or manufacturing plants are allotted on the basis of the\nbacterial count, no pipette or syringe shall be used in such\ndetermination unless the same has been legibly and indelibly marked with\nthe letters "N. Y." by the commissioner or by his duly authorized\nrepresentative. No such pipette or syringe shall be so marked unless it\nhas been found upon examination to be so constructed and graduated as to\ndeliver accurately the amount of liquid required for the determination.\nThe provisions of this article, however, shall not preclude the use of a\npipette already marked "S. B." or "N. Y.", by the director of the New\nYork state agricultural experiment station.\n Whenever the bacterial count of such milk and/or cream is used wholly\nor in part as a basis for payment or settlement for such milk and/or\ncream, or whenever the bacterial count affects the classification of the\nmilk and/or cream as received from the producer, or the acceptance or\nrejection of such milk and/or cream by the operator of a milk-receiving\nor manufacturing plant, no person or persons shall report or record a\nlarger or smaller bacterial count than that obtained by the actual\nexamination of the milk and/or cream so delivered by the producer. The\ncommissioner or persons employed by him for that purpose may at any time\ninspect the equipment and assist in making bacterial counts of milk\nand/or cream received at any milk-receiving or manufacturing plant or\nother place where counts are made for the purpose of determining the\naccuracy of the counts so made.\n Any person or persons using other than the properly marked pipettes or\nsyringes or crediting any patron delivering milk and/or cream with a\nlarger or smaller bacterial count than that obtained by the actual count\nof the bacteria in the milk and/or cream so delivered and as determined\nby the method or methods approved by the commissioner shall be deemed to\nhave violated the provisions of the agriculture and markets law.\n