§ 257. Licenses to milk dealers. 1. No milk dealer shall buy milk from
producers or others or deal in, handle, sell or distribute milk unless
such dealer be duly licensed as provided in this article. It shall be
unlawful for a milk dealer to buy milk from or sell milk to a milk
dealer who is unlicensed, or in any way deal in or handle milk which he
has reason to believe has previously been dealt in or handled in
violation of the provisions of this chapter.
2. The commissioner may by official order exempt from the license
requirements provided by this article, milk dealers who purchase or
handle milk in a total quantity not exceeding three thousand pounds in
any month, and/or milk dealers selling milk in any quantity in markets
of one thousand population or less.
3. A store shall be exempt from the license requirements provided by
this article if such store does not engage in the customary functions of
a milk dealer and meets all the following conditions:
(a) Sells no milk other than that purchased or received from a duly
licensed milk dealer, or a milk dealer exempted by official order of the
commissioner from the license requirements of this article.
(b) Does not operate a milk pasteurizing plant.
(c) Delivers no milk to hotels, restaurants, lunch counters, soda
fountains, or any eating establishment to be consumed on the premises.
(d) Sells not more than three thousand pounds of milk in any month for
(e) Does not deliver or transport or cause to be delivered or
transported milk to a store or stores, except milk delivered to such
store by a licensed milk dealer or milk dealers.
(f) Does not sell milk to other stores.
(g) Does not purchase, buy, sell or deal in milk received from
4. Farmers (including individuals and partnerships but not
corporations) selling not more than one hundred quarts daily average of
milk, or any amount of milk pasteurized on the farm where produced, to
customers coming there for it shall be exempt from the license
requirements provided by this article.
5. Any person who sells food and beverages through vending machines
shall be exempt from the licensing requirements provided that such
person (a) sells no milk in bulk or in containers that are greater than
one pint in size; (b) sells no milk other than that purchased or
received from a duly licensed milk dealer, or a milk dealer exempted by
official order of the commissioner from the license requirements of this
article; (c) does not operate a milk pasteurizing plant; and (d) is
subject to those provisions of the state sanitary code that regulate the
sale of food and beverages through vending machines.