Section 257. Licenses to milk dealers  


Latest version.
  • 1. No milk dealer shall buy milk from
      producers  or  others or deal in, handle, sell or distribute milk unless
      such dealer be duly licensed as provided in this article.  It  shall  be
      unlawful  for  a  milk  dealer  to  buy milk from or sell milk to a milk
      dealer who is unlicensed, or in any way deal in or handle milk which  he
      has  reason  to  believe  has  previously  been  dealt  in or handled in
      violation of the provisions of this chapter.
        2. The commissioner may by official  order  exempt  from  the  license
      requirements  provided  by  this  article,  milk dealers who purchase or
      handle milk in a total quantity not exceeding three thousand  pounds  in
      any  month,  and/or milk dealers selling milk in any quantity in markets
      of one thousand population or less.
        3. A store shall be exempt from the license requirements  provided  by
      this article if such store does not engage in the customary functions of
      a milk dealer and meets all the following conditions:
        (a)  Sells  no  milk other than that purchased or received from a duly
      licensed milk dealer, or a milk dealer exempted by official order of the
      commissioner from the license requirements of this article.
        (b) Does not operate a milk pasteurizing plant.
        (c) Delivers no milk to  hotels,  restaurants,  lunch  counters,  soda
      fountains, or any eating establishment to be consumed on the premises.
        (d) Sells not more than three thousand pounds of milk in any month for
      off-premises delivery.
        (e)  Does  not  deliver  or  transport  or  cause  to  be delivered or
      transported milk to a store or stores, except  milk  delivered  to  such
      store by a licensed milk dealer or milk dealers.
        (f) Does not sell milk to other stores.
        (g)  Does  not  purchase,  buy,  sell  or  deal  in milk received from
      unlicensed dealers.
        4.  Farmers  (including   individuals   and   partnerships   but   not
      corporations)  selling not more than one hundred quarts daily average of
      milk, or any amount of milk pasteurized on the farm where  produced,  to
      customers  coming  there  for  it  shall  be  exempt  from  the  license
      requirements provided by this article.
        5. Any person who sells food and beverages  through  vending  machines
      shall  be  exempt  from  the  licensing  requirements provided that such
      person (a) sells no milk in bulk or in containers that are greater  than
      one  pint  in  size;  (b)  sells  no  milk  other than that purchased or
      received from a duly licensed milk dealer, or a milk dealer exempted  by
      official order of the commissioner from the license requirements of this
      article;  (c)  does  not  operate  a milk pasteurizing plant; and (d) is
      subject to those provisions of the state sanitary code that regulate the
      sale of food and beverages through vending machines.