§ 190 — Method of sale of food and food products

§ 190. Method of sale of food and food products. 1. Definition of\n"food" and "food product." The terms "food" and "food product," as used\nin this section, shall include all material, solid, liquid or mixed,\nwhether simple or compound, used or intended for consumption by human\nbeings or domestic animals normally kept as household pets and shall\nalso include all substances or ingredients to be added thereto for any\npurpose.\n 2. All food and food products which are sold, offered or exposed for\nsale by wholesalers, packers, distributors or jobbers shall be sold, or\noffered or exposed for sale by net weight, standard measure or numerical\ncount and shall be plainly marked, in such form or manner as may be\nprescribed by the commissioner, by such person offering the food or food\nproducts for sale except that, unless required pursuant to the\nprovisions of section two hundred fourteen-o of this chapter, it shall\nnot be necessary to so mark meat, meat products or fish, other than\nshellfish in natural form, provided the net weight be stated on a\nwritten invoice and on the shipping container of the meat, meat product\nor fish.\n 3. All food and food products which are sold, offered or exposed for\nsale at retail and which are not in containers, shall be sold, offered\nor exposed for sale by net weight, standard measure or numerical count\nunder such regulations as may be prescribed by the commissioner.\n 4. All food and food products which are packaged or wrapped by the\nretailer, and all food and food products which are packaged or wrapped\nin random weight, measure or count in advance of being offered or\nexposed for sale at retail shall be accurately marked, in such form or\nmanner as may be prescribed by the commissioner, with (a) the net\nweight, standard measure or numerical count; (b) the selling price per\npound or unit of standard measure and (c) the total selling price.\nProvided that in the case of food or food products packed at one place\nfor subsequent shipment to and sale at another, the price and weight\nsections of the label may be left blank, to be filled in prior to being\noffered or exposed for sale at retail.\n 5. Wherever food or food products are packaged or wrapped for sale by\na retailer in advance of being sold, or offered or exposed for sale, an\naccurate computing scale of sufficient capacity shall be maintained.\nSuch scale shall be placed as to be easily accessible to customers and a\nprominent and conspicuous sign reading "for customer use" shall be\ndisplayed on or near such scale.\n 6. The provisions of this section shall not apply to commodities\ndispensed for consumption on the premises, or to packaging or\nreceptacles used merely for the purposes of carrying or delivering\ncommodities or containers which comply with the provisions of this\nsection, or to a commodity in a container if the container contains (a)\nin the case of a commodity not a drug or cosmetic, less than one-half\nounce avoirdupois, less than one-half fluid ounce or less than seven\nunits, (b) in the case of a drug, less than seven units, or (c) in the\ncase of a cosmetic, less than one-fourth ounce avoirdupois, less than\none-eighth fluid ounce or less than seven units. The commissioner shall\nby regulation prescribe comparable metric quantities for the exceptions\nprovided by this subdivision. The exceptions involving declarations in\nterms of count shall be permitted only if the units of commodity can\neasily be counted without opening the container.\n