N.Y. Comp. Codes R. & Regs. tit. 1 § 221.13

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

Section 221.13 - Method of sale of specific commodities

(a) Berries and small fruits. Berries and small fruits shall be offered or exposed for sale and sold by net weight or by dry measure in containers only in units of:

(1) 1/2 dry pt., 1 dry pt., 1 dry qt. and 2 dry qt.; or

(2) 275 ml., 550 ml., 1.1 liter and 2.2 liter.

(b) Nonstandardized commodities. The following commodities have not been standardized and may be offered or exposed for sale and sold in any size and in either the metric or customary systems of weights and measures, provided the appropriate method of sale is used.

(1) Bread. Bread shall be sold or offered or exposed for sale by net weight.

(i) Bread sold or offered or exposed for sale directly from the manufacturer to the consumer upon or in the premises of the manufacturer may be sold unwrapped, provided that a sign be conspicuously posted in plain view of the buyer stating the kind of bread and the net weight of the bread. The sign shall be in English. If the language or languages of the neighborhood are other than English, then the sign shall be in such other language(s), as well as English. The sign shall be printed in boldface type (or equivalent) of not less than 5/8 inch in height, with lettering in black upon a white background. In lieu of such sign, a label may be affixed in a sanitary manner to the bottom of the loaf, stating the kind of bread and the net weight of the loaf.

(ii) This regulation shall not apply to rolls; to stale bread when sold as such; and to bread sold by the piece cut from the loaf, provided such bread is weighed in the presence of the buyer.

(2) Meat, poultry and fish. All meat, meat products, poultry (whole or parts), all fish and seafood, except shellfish, shall be offered or exposed for sale or sold by net weight.

(i) When meat, poultry, fish or seafood is combined or associated with some other food element or elements to form either a distinctive food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by net weight and the quantity representation may be the total weight of the product or combination, and a quantity representation need not be made for each of the elements in the product or combination.

(ii) Whenever meat or meat products, customarily sold separately, are combined and offered or exposed for sale or sold in one package, a separate statement of identity and net weight shall be required for each meat or meat product in the package. The total net weight and the total price must also be stated on the package.

(iii) In the case of ready-to-cook stuffed meat, poultry and fish products, the label must show the total net weight of the meat, poultry and fish product and the minimum net weight of the meat, poultry or fish in the product.

(iv) Uncooked marinated meats, such as "spiedies", shall be sold by drained weight and whatever marination is absorbed into the meat or adheres to the meat shall be considered as part of the product.

(v) This section shall not apply to ready-to-eat food consisting of:

(a) items sold for consumption on the premises;

(b) items sold as one of three or more different elements, excluding condiments, comprising a ready-to-eat meal sold as a unit, for consumption elsewhere than on the premises where sold;

(c) ready-to-eat seafood, whole poultry, poultry parts or parts of meat less than a primal source (as defined by paragraph [d] of subdivision 1 of section 190-a of the Agriculture and Markets Law), such as spare ribs and not including whole or sliced subprimals such as ham or roasted beef, cooked on the premises where offered or exposed for sale, but not packaged in advance of sale; and

(d) sandwiches, when offered or exposed for sale on the premises where packed or produced.

(3) Sale of meat by carcass, side or primal source. Anyone who sells meat by the carcass, side or primal source and cuts up that meat at the purchaser's request prior to delivery shall provide an accurate written statement at the time of delivery giving the following information:

(i) the name and address of the seller (firm) and the date of the sale;

(ii) the unit price before cutting and wrapping and the total price of the sale;

(iii) identification of meat (whether from forequarter or hindquarter, etc.);

(iv) the total net weight (hanging weight) of the carcass, side, quarter or primal source prior to cutting or processing);

(v) the total net weight of the cut-up and processed meat delivered to the purchaser;

(vi) a list by name, as defined in section 260.1(w)(1) of this Title, of all cuts delivered and the quality grade and yield grade, if so graded by USDA;

(vii) meat cuts that are less than primal cannot be sold on a hanging weight basis;

(viii) an itemized list of any and all changes over and above the original sale price of the carcass, side, quarter or primal source;

(ix) all trim loss (fat, bones, kidney, etc.) must be offered to the purchaser; and

(x) this written statement shall also list the weight of any meat or other commodities received by the purchaser as a bonus offer or gift in connection with the purchase of the carcass, side, quarter or primal source.

(4) Pickles. The declaration of net quantity of contents on pickles and pickle products, including relishes, but excluding one or two whole pickles in a transparent wrapping (which may be declared by count), shall be expressed in terms of fluid measure. Sales of pickles from bulk may be by count.

(5) Sewing threads, handicraft threads, and yarns. Sewing threads, handicraft threads, and yarns shall be offered or exposed for sale or sold in the following manner:

(i) Sewing and handicraft threads shall be offered or exposed or sold at retail by length in terms of meters or yards.

(ii) Each unit of industrial thread shall be marked to show its net measure in terms of meters or yards or its net weight in terms of kilograms or grams or pounds or ounces.

(iii) Ready-wound bobbins which are not sold separately shall not be required to be individually marked, but the package containing such bobbins shall be marked to show the number of bobbins and the net meters or yards of thread on each bobbin.

(iv) Sewing and handicraft threads shall be exempt from the requirements of section 221.5(n)(2)(i) of this Part.

(v) Yarn shall be offered for sale or sold by net weight.

(vi) The net contents of any such units of thread shall be determined by ascertaining the average net weight or yardage of not less than 10 units of thread of the same type and put-up, selected at random from such units kept for the purpose of sale, sold, exposed or offered for sale, and that average shall not be less, by more than three percent, than the weight or yardage marked on such units or the package containing such units.

(6) Roofing and roofing materials.

(i)

(a) Roofing and roofing materials shall be sold either by the "square" or by the "square foot". The term square shall mean the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover an area of 100 square feet exclusive of side laps or side joints; provided that in the case of roofing or roofing material of corrugated design, the side lap or side joint shall be one full corrugation.

(b) The term square foot shall mean the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover one square foot (144 square inches) exclusive of side laps or side joints.

(ii) This paragraph is in addition to other regulations pertaining to commodities and shall not be construed as superseding any regulation.

(7) Sale of beer, ale, porter and other malt beverages. No person, firm or corporation shall sell, offer or expose for sale beer, ale, porter or other malt beverages in any manner other than by liquid measure. When so sold, offered or exposed for sale, it shall be in containers of the following standard contents: barrel, half barrel, one quarter barrel and one eighth barrel, and such a container need not be marked or labeled to indicate its net contents. A barrel, when used for sale, offer or exposure for sale of beer, sale, porter and other malt beverages, shall mean 117.3 liter (131 gallons); multiples or submultiples of a barrel shall have proportionate contents. Beer, ale, porter and other malt beverages may be sold in containers with contents of less than one eighth barrel, provided the container is so marked or labeled, clearly and conspicuously, indicating its net contents.

(8) Sale of farm animals by live weight. All farm animals sold or offered for sale by live weight shall be accurately weighed to the nearest minimum graduation of the scale used. The provisions of this section shall not apply to animals sold or offered for sale on any basis other than weight.

(9) Method of sale of lawn dressings and fertilizers. Any person, firm or corporation soliciting, peddling and/or selling from bulk any commodity represented as a lawn dressing, fertilizer or material to be used as such, must offer for sale and/or sell such material by net weight or by cubic measure. A bill of sale shall be delivered to the purchaser or his agent at the time of delivery of such material. Such bill of sale shall include the name and address of the seller and of the purchaser, and a statement of the quantity of fertilizer, lawn dressing or material delivered, in terms of net weight or cubic measure, and the signature of the person making the delivery.

(10) Method of sale by bale or lot. Baled hay or straw shall be sold by net weight unless the hay or straw offered for sale was observed by the buyer or his/her agent prior to the sale, where it may be sold by count.

(11) Method of sale, animal bedding. Packaged animal bedding of all kinds shall be advertised, labeled, offered for sale and sold by volume in either a compressed or an uncompressed package. A package of compressed animal bedding shall be advertised, labeled, offered, and exposed for sale and sold by useable volume. As used in this section useable volume shall mean the volume of product that can be recovered from a package by the consumer after it is unwrapped and, if necessary, uncompressed. The display of a net or gross weight, pre-compression volume, compressed volume, or supplementary dry measure quantities anywhere on the package is prohibited. Packaged animal bedding consisting of granular corncobs and other dry (8% or less moisture), pelleted, and/or non-compressible bedding materials that are sold to non-retail, laboratory animal research industries may be sold by weight.

(12) Standard log rule. The international log rule, based upon one-fourth inch saw kerf, as expressed in the formula (D2 x 0.22) - 0.71D x 0.904762 for four-foot section (D represents top diameter of log in inches; taper allowance, one-half inch per four feet lineal), is hereby adopted as the standard log rule for determining the board foot content of saw logs, and all contracts hereafter entered into for the purchase and sale of saw logs shall be deemed to be made on the basis of such standard rule, unless some other method of measurement is specifically agreed upon.

(13) Wood for fuel.

(i) All wood for fuel shall be offered for sale or sold at retail in the manner provided in this paragraph, except:

(a) any sale of unpackaged wood for fuel if the wood was observed by the buyer or his agent before sale; and

(b) any sale of standing trees offered as stumpage for fuel purposes.

(ii) Definitions.

(a) Wood for fuel means any kindling, logs, boards, timbers or other wood, split or not split, and similar products advertised, offered for sale or sold in a form or size appropriate for use as fuel.

(b) Cord means the amount of wood which is contained in a space of 128 cubic feet, when the wood is ranked and well stowed. The dimensions for a standard cord of wood are four feet in height, eight feet in width and four feet in depth and shall be stated whenever the term is used.

(c) Face cord means the front or face of a standard cord, i.e., four feet in height and eight feet in width, and the depth being defined by the length of the cut wood expressed in inches. The dimensions shall be stated whenever the term face cord is used in any representation.

(d) Ranked and well stowed means the placing of pieces of wood in a row, with individual pieces touching and parallel to each other, and stacked in a compact manner.

(e) Representation means any advertisements, offering, invoice or the like that pertains to the sale of wood for fuel.

(iii) Identity.

(a) No representation of wood for fuel shall identify as "hardwood" the wood from any species of conifer, aspen, poplar, basswood, butternut, willow, grey birch and paper birch.

(b) If wood is represented as seasoned, the length of time and the manner of seasoning must be specified.

(iv) Quantity.

(a) Whenever wood for fuel is advertised, offered for sale, or sold at retail, the three dimensions of the wood, when ranked and well stowed, shall be stated and shall be expressed in feet and inches. The dimensions may be accompanied by any descriptive word, such as cord, face cord, truckload, rack, etc. For example:

(1) 4 ft. x 8 ft. x 24 in. (1/2 cord);

(2) 4 ft. x 8 ft. x 16 in. (face cord);

(3) 4 ft. x 8 ft. x 18 in. (rack);

(4) 9 ft. x 9 ft. x 3 ft. (truckload);

(5) 1/3 cord (4 ft. x 8 ft. x 16 in.); and

(6) face cord (4 ft. x 8 ft. x 18 in).

(b) Wood may be sold by weight if the quantity exceeds two cords.

(c) Processed wood, such as wood chips, hogged bark, slabs and edgings, pelletized wood and shavings, shall be sold by weight or volume.

(d) Whole logs may be sold by weight, by log scale according to any recognized log rule which is specified, by length and diameter of the logs, or by the volume of the truck bed, plus count.

(e) Packaged wood for fuel containing less than four cubic feet shall be sold by volume.

(f) A single artificial compressed fireplace log shall be sold by weight, and packages of such individual logs containing less than four cubic feet (1/32 of a cord) may be sold by net weight, plus count.

(v) Delivery ticket, sales invoice or receipt. A delivery ticket, sales invoice or receipt shall be presented by the seller to the buyer whenever any unpackaged wood for fuel is sold. The delivery ticket, sales invoice or receipt shall contain the following information:

(a) the name and address of the seller;

(b) the date of the sale;

(c) the quantity or dimensions of the wood sold; and

(d) the price of the quantity sold.

(14) Peat and peat moss.

(i) Applies only with respect to organic matter of geological origin, excluding coal and lignite, originating principally from dead vegetative remains through the agency of water in the absence of air and occurring in a bog, swampland or marsh, and containing an ash content not exceeding 25 percent on a dry-weight basis (dried in an oven at 105 degrees C [221 degrees] until no further weight loss can be determined).

(ii) The declaration of quantity of peat and peat moss shall be expressed in weight units or in cubic measure units.

(iii) Compressed cubic measurement. If the commodity is labeled in terms of compressed cubic measurement, the quantity declaration shall represent the quantity in the compressed state and the quantity from which the final product was compressed (the latter declaration not exceeding the actual amount of material that can be recovered).

(15) Softwood lumber. The following applies to the sale of softwood boards, timbers and dimension lumber that have been dressed on four sides, but shall not apply to rough lumber, to lumber that has been matched, patterned or shiplapped, or to lumber remanufactured or joined so as to have changed the form or identity, such as individual assembled or packaged millwork items.

(i) Definitions.

(a) Dressed (surfaced) lumber--lumber that has been dressed (or surfaced) for the purpose of attaining smoothness of surface and uniformity of size.

(b) Boards--lumber 11/4 inches or less in actual thickness and 11/2 or more inches in actual width. Boards less than 51/2 inches in actual width may be classified as strips.

(c) Timbers--lumber 41/2 or more inches in least actual dimension. Timber may be classified as beams, stringers, posts, caps, sills, girders, purlins, etc.

(d) Dimension lumber--lumber from 11/2 inches to, but not exceeding, 41/2 inches in actual thickness and 11/2 or more inches in actual width. Dimension lumber may be classified as framing, joists, planks, rafters, studs, small timbers, etc.

(e) Rough lumber--lumber that has not been dressed but which has been sawed, edged and trimmed at least to the extent of showing saw marks in the wood on the four longitudinal surfaces of each piece for its overall length.

(f) Matched lumber--lumber that has been worked with a tongue on one edge of each piece and a groove on the opposite edge to provide a close tongue-and-groove joint by fitting two pieces together; and when end-matched, the tongue and groove are worked in the ends also.

(g) Patterned lumber--lumber that is shaped to a pattern or to a molded form, in addition to being dressed, matched or shiplapped, or any combination of these workings.

(h) Shiplapped lumber--lumber that has been worked or rabbeted on both edges of each piece to provide a close-lapped joint by fitting two pieces together.

(i) Grade--the commercial designation assigned to lumber meeting specifications established by a nationally recognized grade rule writing organization.

(j) Species--the commercial name assigned to a species of trees.

(k) Species group--the commercial name assigned to two or more individual species having similar characteristics.

(l) Representation--a representation shall be construed to mean any advertisement, offering, invoice, or the like that pertains to the sale of lumber.

(m) Minimum dressed sizes (width and thickness)--the standardized width and thickness at which lumber is dressed when manufactured in accordance with the U.S. Department of Commerce Voluntary Product Standard 20-70, "American Softwood Lumber Standard", and regional grading rules conforming to VPS 20-70 (see Table 1 of this section).

(ii) Identity--representations shall include a declaration of identity that specifies the grade or grades, species or species group, and whether the lumber is unseasoned (green) or dry.

(iii) Quantity--representations shall be in terms of the number of pieces, the minimum dressed width and thickness, the length of individual pieces or the lineal footage, except that:

(a) the use of nominal dimensions shall be allowed when used in conjunction with the required minimum dressed sizes and actual length;

(b) with respect to all invoices, a table of minimum dressed sizes may appear on the reverse side of the invoice, so long as appropriate reference to the table is prominently and conspicuously shown on the face of the invoice.

TABLE I

SOFTWOOD LUMBER SIZES

Product classification (nominal size) Inches	(See Note 2)
Minimum dressed sizes
Unseasoned Inches	Dry Inches
Dimension Lumber
2 x 4	1^9/16 x 3^9/16	1^1/2 x 3^1/2
2 x 6	1^9/16 x 5^5/8	1^1/2 x 5^1/2
2 x 8	1^9/16 x 7^1/2	1^1/2 x 7^1/4
2 x 10	1^9/16 x 9^1/2	1^1/2 x 9^1/4
2 x 12	1^9/16 x 11^1/2	1^1/2 x 11^1/4
(See Note 1)
Board lumber
1 x 4	25/32 x 3^9/16	3/4 x 3^1/2
1 x 6	25/32 x 5^5/8	3/4 x 5^1/2
1 x 8	25/32 x 7^1/2	3/4 x 7^1/4
1 x 10	25/32 x 9^1/2	3/4 x 9^1/4
1 x 10	25/32 x 9^1/2	3/4 x 9^1/4

Note 1:The dry thickness of nominal 3" and 4" lumber are 2^1/2" and 3^1/2"; unseasoned thicknesses are 3^9/16" and 3^9/16". Widths for these thicknesses are the same as shown above.

Note 2: Product standard 20-70 defines dry lumber as being 19 percent or less in moisture content and unseasoned lumber as being over 19 percent moisture content. The size of lumber changes approximately one percent for each four percent change in moisture content. Lumber stabilizes at approximately 15 percent moisture content under normal use conditions.

(16) Hardwood lumber. Sales of hardwood lumber measured after kiln drying shall be quoted, invoiced and delivered on the basis of net board footage, with no addition of footage for kiln drying shrinkage. Sales of hardwood lumber measured prior to kiln drying shall be quoted, invoiced and delivered on the basis of net board footage before kiln drying. If the lumber is to be kiln dried at the request of the purchaser, the kiln drying charge shall be clearly shown and identified on the quotation and invoice.

(17) Polyethylene products.

(i) Consumer products sold at retail shall be labeled with the following elements:

(a) Sheeting:

(1) length and width;

(2) area in square feet;

(3) thickness.

(b) Food wrap and film:

(1) length and width;

(2) area in square feet.

(c) Lawn and trash bags:

(1) count;

(2) dimensions;

(3) thickness.

(d) Food and sandwich bags:

(1) count;

(2) dimensions.

(ii) All products not intended for the retail consumer shall be labeled with the following elements:

(a) Sheeting.

(1) length;

(2) width;

(3) thickness;

(4) weight.

(b) Bags.

(1) count;

(2) dimensions;

(3) thickness;

(4) weight.

(iii) A declaration of thickness for all polyethylene products shall not be less than the average thickness based on sampling procedures and test methods recognized by the National Bureau of Standards. A declaration of area shall comply with "largest whole unit" requirements. A declaration of dimensions for all polyethylene bags shall be width x length or width x depth x length.

(18) Delicatessen products.

(i) Delicatessen products customarily sold directly to the consumer in fractions or multiples of a pound may be sold in that manner.

(ii) Except insofar as provided in subparagraph (iii) herein, each delicatessen product shall be clearly and legibly marked with a sign or label attached to or adjacent to the product in a retail display containing selling price and customary fraction or multiple unit of measure. The required information shall be presented in a boldface type font in a contrasting color to the background with numbers and letters at least 3/16 inch in height and 3/32 inch in width.

(iii) In lieu of a sign or label attached to or adjacent to the product in a retail display, a sign may be posted in clear view of the customer indicating the identity of the item, selling price, and customary fraction or multiple units of measure. The required information shall be presented in a boldface type font in a contrasting color to the background with the font size of the selling price and units of measure the same size or greater than the font size of the identity of the item.

(19) Bulk sales. A commodity may be offered for retail sale in bulk, including the sale of any item or a lot of any such item unwrapped, provided that a sign be conspicuously posted in plain view of the buyer, disclosing the identity of the commodity and its price per pound or its unit price, as prescribed by this Part. If the sign is attached to or is adjacent to the commodity, the required information shall be presented in a boldface type font in a contrasting color to the background with numbers and letters at least 3/16 inch in height and 3/32 inch in width. If the sign is not attached to or adjacent to the commodity, the sign shall be posted in clear view of the customer and shall set forth the required information in a boldface type font in a contrasting color to the background with the font size of the price per pound or its unit price the same size or greater than the font size of the commodity identity. Bulk sale commodities may not be offered for sale in fractions of a unit unless a specific exemption from this paragraph is contained within this Part.

(20) Butter. Butter, oleomargarine and margarine shall be offered or exposed for sale and sold by net weight.

(21) Sour cream and yogurt. Sour cream and yogurt shall be offered or exposed for sale and sold by net weight.

(22) Milk, milk products, melloream and vegetable oil blend. Packaged milk, milk products, as defined in Part 17 of this Title, that are offered for sale to the consumer in liquid form shall be sold by liquid measure. Packaged melloream and vegetable oil, that are offered for sale to the consumer in liquid form, shall be sold by liquid measure. Packaged milk, when offered for sale to the consumer in a unit of the customary system of weights and measures, shall weigh at least 8.6 lbs. per gallon and a proportionate minimum weight for a larger or smaller unit, and, when offered for sale to the consumer in a metric unit, shall weigh at least 1030 grams per liter and a proportionate minimum weight for a larger or smaller unit.

(23) Frozen desserts. Notwithstanding the provisions of section 221.12 of this Part, frozen desserts, as defined in or pursuant to Agriculture and Markets Law, section 71-a, that have been packed in a plant, as defined in Agriculture and Markets Law, section 71-a, shall be sold by liquid measure. Ice cream and ice milk that have been packed in a plant, when offered for sale to the consumer in a unit of the customary system of weights and measures, shall weigh at least 4.5 lb. per gallon and a proportionate minimum weight for a larger or smaller unit, and, when offered for sale to the consumer in a metric unit, shall weight at least 540 g per liter and a proportionate minimum weight for a larger or smaller unit.

(24) Flours and meals. All flours and meals shall be sold by net weight.

(25) Ready-to-eat food. Ready-to-eat food sold from retail cases displaying product from bulk or in servings packed or prepared on the premises may be sold by weight, measure or count. As used in this section ready-to-eat food is restaurant style food offered or exposed for sale, whether in restaurants, supermarkets, or similar food service establishments that is ready for immediate consumption, though not necessarily on the premises where sold, and which does not require any cooking or heating. Ready-to-eat food does not include sliced luncheon products, such as meat, poultry, or cheese when sold separately.

(26) Motor oils. The label on any vehicle engine motor oil packaged in a container shall contain the Society of Automotive Engineers viscosity grade classification preceded by the letters "SAE".

N.Y. Comp. Codes R. & Regs. Tit. 1 § 221.13

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