New York Consolidated Laws, Agriculture and Markets Law - AGM § 61. Manufacture, sale, and use of oleomargarine

1. Definitions.  For the purposes of this section, the following terms shall have the following meanings:

(a) “Person” means any person, firm, corporation, copartnership, association, co-operative corporation, or unincorporated co-operative association.

(b) “Oleomargarine” or “margarine” means any oleaginous substance, sold or exposed for sale, as a substitute for, or to take the place of, or used for the same purpose or purposes as butter, or having the appearance, odor, or taste which is similar to butter, and which is not made exclusively of milk or cream, or any substance into which any oil or fat other than that obtained from milk or cream has been introduced to take the place of butterfat.  The terms include oleomargarine of any shade or color.

(c) “Public eating place” means any hotel, boarding house, restaurant, saloon, lunch counter, place of public entertainment or any other place where prepared or cooked food is offered for sale to the public for consumption on the premises.  When a hotel or other establishment operates more than one public eating place, each such place shall be deemed to be a separate public eating place.  It shall be deemed to include camps, dude ranches, and other similar establishments operated for profit even though restricted to a certain age, or other distinctive group, but shall not be deemed to include religious, charitable or private camps.

2. Fat standard.  Oleomargarine manufactured, sold, offered or exposed for sale shall contain not less than eighty per centum of fat.

3. Notice to consumers.  Consumers shall be given notice of the use of oleomargarine in public eating places under the following conditions and in the following manners.

(a) If oleomargarine is served directly to the customer or is placed on the table or counter where the customer is served notice of such serving shall be given.

(b) If oleomargarine is served in such a manner that the customer cannot identify it, notice of such serving shall be given, provided, however, that use of oleomargarine in preparation of cooked or other foods, in which the identity of the oleomargarine is lost, shall not require notice.

(c) Form of notice.  Notice shall be given in such a manner that it is likely to be seen and understood by each person being served.  If the public eating place is such that a single sign can be readily seen by each person being served, such sign shall be sufficient;  otherwise notice shall be given by signs so located that one can be seen by each customer, or by notice on menus given to each customer.

(d) Wording of notice.  If oleomargarine is served on the tables or counters where customers are served, the notice shall read as, “Oleomargarine served here” or “margarine served here”, provided, however, that if the oleomargarine is not served or used in any other manner notice may be given by a label on or accompanying the oleomargarine and identifying it as such.  If oleomargarine is served in other ways, the notice shall be the same as hereinabove provided, or may specify the food or foods with which the oleomargarine is served.

4. Rules and regulations.  The commissioner is authorized, after due notice and hearing, to issue such rules and regulations as are necessary to carry out the provisions of this section.

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