New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter V - Weight and Measures
Part 221 - COMMODITIES
Section 221.12 - Method of sale of commodities; general
Current through Register Vol. 46, No. 39, September 25, 2024
Commodities in liquid form shall be sold only by liquid measure; however, commodities in liquid form must be sold by weight if the commodity is semisolid, viscous or a mixture of solid and liquid; commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count; commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold; and provided further, that the provisions of this section shall not apply:
(a) to commodities when sold for immediate consumption on the premises where sold (also see section 221.13(b)(25) of this Part, headed Ready-to-eat food);
(b) to vegetables when customarily sold by the head or bunch;
(c) to berries and small fruits when sold by dry measure in accordance with section 221.13(a) of this Part;
(d) to commodities in containers standardized by a law of this State or by Federal law;
(e) to commodities in package form when there exists a general consumer usage to express the quantity in some other manner;
(f) to concrete aggregates, concrete mixtures and loose solid materials such as earth, soil, gravel, crushed stone and the like, when sold by cubic measure;
(g) to unprocessed vegetable and animal fertilizer when sold by cubic measure; or
(h) to frozen desserts, in accordance with section 221.13(b)(23) of this Part.
(i) to bulk milk which must be sold by weight or weight based upon 8.6 pounds per gallon (1.03 kg/L)
