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This entry was published on 2018-04-27
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SECTION 190
Method of sale of food and food products
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 16
§ 190. Method of sale of food and food products. 1. Definition of
"food" and "food product." The terms "food" and "food product," as used
in this section, shall include all material, solid, liquid or mixed,
whether simple or compound, used or intended for consumption by human
beings or domestic animals normally kept as household pets and shall
also include all substances or ingredients to be added thereto for any
purpose.

2. All food and food products which are sold, offered or exposed for
sale by wholesalers, packers, distributors or jobbers shall be sold, or
offered or exposed for sale by net weight, standard measure or numerical
count and shall be plainly marked, in such form or manner as may be
prescribed by the commissioner, by such person offering the food or food
products for sale except that, unless required pursuant to the
provisions of section two hundred fourteen-o of this chapter, it shall
not be necessary to so mark meat, meat products or fish, other than
shellfish in natural form, provided the net weight be stated on a
written invoice and on the shipping container of the meat, meat product
or fish.

3. All food and food products which are sold, offered or exposed for
sale at retail and which are not in containers, shall be sold, offered
or exposed for sale by net weight, standard measure or numerical count
under such regulations as may be prescribed by the commissioner.

4. All food and food products which are packaged or wrapped by the
retailer, and all food and food products which are packaged or wrapped
in random weight, measure or count in advance of being offered or
exposed for sale at retail shall be accurately marked, in such form or
manner as may be prescribed by the commissioner, with (a) the net
weight, standard measure or numerical count; (b) the selling price per
pound or unit of standard measure and (c) the total selling price.
Provided that in the case of food or food products packed at one place
for subsequent shipment to and sale at another, the price and weight
sections of the label may be left blank, to be filled in prior to being
offered or exposed for sale at retail.

5. Wherever food or food products are packaged or wrapped for sale by
a retailer in advance of being sold, or offered or exposed for sale, an
accurate computing scale of sufficient capacity shall be maintained.
Such scale shall be placed as to be easily accessible to customers and a
prominent and conspicuous sign reading "for customer use" shall be
displayed on or near such scale.

6. The provisions of this section shall not apply to commodities
dispensed for consumption on the premises, or to packaging or
receptacles used merely for the purposes of carrying or delivering
commodities or containers which comply with the provisions of this
section, or to a commodity in a container if the container contains (a)
in the case of a commodity not a drug or cosmetic, less than one-half
ounce avoirdupois, less than one-half fluid ounce or less than seven
units, (b) in the case of a drug, less than seven units, or (c) in the
case of a cosmetic, less than one-fourth ounce avoirdupois, less than
one-eighth fluid ounce or less than seven units. The commissioner shall
by regulation prescribe comparable metric quantities for the exceptions
provided by this subdivision. The exceptions involving declarations in
terms of count shall be permitted only if the units of commodity can
easily be counted without opening the container.