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

In  milk-receiving  or  manufacturing  plants and other places using methods
  approved by the commissioner for determining the bacterial count in milk
  and/or cream, where the result of  such  determination  is  to  be  used
  wholly  or in part as a basis for payment or settlement for such milk or
  cream,  or  where  the  proceeds  of  co-operative  creameries  or  such
  milk-receiving  or manufacturing plants are allotted on the basis of the
  bacterial  count,  no  pipette  or  syringe  shall  be  used   in   such
  determination unless the same has been legibly and indelibly marked with
  the  letters  "N.  Y."  by  the  commissioner  or by his duly authorized
  representative. No such pipette or syringe shall be so marked unless  it
  has been found upon examination to be so constructed and graduated as to
  deliver  accurately the amount of liquid required for the determination.
  The provisions of this article, however, shall not preclude the use of a
  pipette already marked "S. B." or "N. Y.", by the director  of  the  New
  York state agricultural experiment station.
    Whenever  the bacterial count of such milk and/or cream is used wholly
  or in part as a basis for payment or settlement  for  such  milk  and/or
  cream, or whenever the bacterial count affects the classification of the
  milk  and/or  cream  as received from the producer, or the acceptance or
  rejection of such milk and/or cream by the operator of a  milk-receiving
  or  manufacturing  plant,  no person or persons shall report or record a
  larger or smaller bacterial count  than  that  obtained  by  the  actual
  examination  of  the milk and/or cream so delivered by the producer. The
  commissioner or persons employed by him for that purpose may at any time
  inspect the equipment and assist in  making  bacterial  counts  of  milk
  and/or  cream  received  at any milk-receiving or manufacturing plant or
  other place where counts are made for the  purpose  of  determining  the
  accuracy of the counts so made.
    Any person or persons using other than the properly marked pipettes or
  syringes  or  crediting  any  patron delivering milk and/or cream with a
  larger or smaller bacterial count than that obtained by the actual count
  of the bacteria in the milk and/or cream so delivered and as  determined
  by the method or methods approved by the commissioner shall be deemed to
  have violated the provisions of the agriculture and markets law.