New York State
FOREIGN DAIRY PRODUCTS
Section 71-u. Definitions.
71-v. Labeling requirements.
§ 71-u. Definitions. As used in this article:
1. The term "commissioner" means the commissioner of agriculture and
markets of the state of New York.
2. The term "dairy product" means all milk and milk products defined
by the definitions and standards of identity promulgated pursuant to
section forty-six-a of this chapter and such other food products derived
from milk as the commissioner shall designate by regulation.
3. The term "foreign dairy product" means any dairy product produced,
processed or manufactured outside the United States.
4. The term "packaged foreign dairy product" means a foreign dairy
product which is enclosed in a container or wrapper (including a
shipping container or wrapping used for the transportation of such
product in bulk or quantity to manufacturers, packers, processors, or to
wholesale or retail distributors) or which although not so enclosed has
written, printed, or graphic matter pertaining to such foreign dairy
product affixed or attached.
§ 71-v. Labeling requirements. 1. The commissioner shall, by
regulation, require that packaged foreign dairy products be labeled in
such a manner that, at each stage of distribution within this state,
such packaged foreign dairy product will be readily identifiable as
being imported. The commissioner may, to the extent he deems
appropriate, establish different labeling requirements for packaged
foreign dairy products:
a. of different types or classes;
b. with different types of packaging;
c. in different stages of distribution; and
d. intended for delivery to different types or classes of users.
2. If the commissioner determines that, at any stage of distribution:
a. the nature of the container or wrapping of a packaged foreign dairy
product makes labeling impractical or inappropriate; and
b. such packaged foreign dairy product will, by means other than
labeling, be identifiable by any person, other than a common carrier, to
whom such packaged foreign dairy product is displayed or delivered as
he may exempt such packaged foreign dairy product, at such stage of
distribution, from the labeling requirements established pursuant to
§ 71-w. Prohibitions. No person shall distribute, or cause to be
distributed commercially any packaged foreign dairy product which he
knows or has reason to know is a foreign dairy product, unless such
product is labeled in accordance with the regulations promulgated
pursuant to section seventy-one-m.
§ 71-x. Violations. 1. The commissioner may institute such action at
law or in equity as may appear necessary to enforce compliance with any
provisions of this article and any rules and regulations promulgated by
the commissioner to carry out the provisions of this article and in
addition may apply for relief by injunction if necessary to protect the
public interest without being compelled to allege or prove that an
adequate remedy at law does not exist. Such application may be made to
the supreme court in any district or county as provided in the civil
practice law and rules, or to the supreme court in the third judicial
2. Whenever the commissioner or his duly authorized representative
shall find distributed, offered or exposed for sale within this state,
any dairy product produced, processed or manufactured outside the United
States which he has probable cause to believe is not labeled in
accordance with this article or the rules and regulations promulgated
pursuant thereto, or which is otherwise misbranded or adulterated, he
may seize or quarantine such product. Following such seizure or
quarantine the commissioner shall hold a hearing in accordance with the
provisions of section two hundred two-b of this chapter. The
determination of the commissioner following such hearing shall be
subject to judicial review in the manner and within the time limits set