N.Y. Comp. Codes R. & Regs. tit. 1 § 221.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 221.12 - Method of sale of commodities; general

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)

N.Y. Comp. Codes R. & Regs. Tit. 1 § 221.12

Amended New York State Register January 26, 2022/Volume XLIV, Issue 04, eff. 1/26/2022