Agriculture & Markets - Milk Control - Construction, exceptions and limitations

Published: 2014-09-22

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§ 258-j. Construction, exceptions and limitations. The license
required by this article shall be in addition to any other license
required by this chapter or otherwise required by law. This article
shall apply to the city of New York, but shall not be construed to
conflict with, alter or repeal laws in force relating to the board of
health or the department of health of the city of New York, nor the
health code in force in such city or any amendments thereof duly adopted
nor shall any provision of this article or any regulations adopted
thereunder, relating to matters of health, sanitation or purity or
wholesomeness of milk which is in conflict with the health code or the
regulations of the board of health or the department of health of the
city of New York, apply to the city of New York, or to the production
and transportation of milk for said city. No milk dealer shall hereafter
accept for sale or distribution in a marketing area or at a plant
supplying such marketing area when such marketing area is regulated by a
state milk marketing order, milk from any premises on which milk is
produced or from any plant in which milk is handled unless such premises
constitute a milk production area dairy farm as defined by section two
hundred fifty-eight-l or unless the milk from such plant has been
received for sale or distribution in such marketing area or at a plant
subject to such order within the past two full calendar years without
first satisfying the commissioner that such proposed added milk supply
is reasonably needed for such marketing area, and that the acceptance of
such added milk supply will not deprive any municipality or any other
marketing area of a supply, present or future, more conveniently related
to it. If any clause, sentence, paragraph or part of this article shall
for any reason be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or part thereof, directly involved in the
controversy in which such judgment shall have been rendered. No
provision of this article shall apply or be construed to apply to
foreign or interstate commerce, except insofar as the same may be
effective pursuant to the United States constitution and to the laws of
the United States enacted pursuant thereto. Technical, legal and other
assistants and employees in the service of the milk control board at the
time such transfer takes place shall be transferred to the division,
subject to qualifying examinations to be conducted by the civil service
commission as soon as convenient after transfer, and in the meantime
they shall serve without examination. The civil service commission shall
designate, upon advice of the commissioner the positions which it is not
practicable to fill by competitive examinations, including the director,
assistant director, counsel and assistant counsel.