Find Legal Information

3-617. Fat content; determination; fee; inspection of records and equipment

A. A milk receiving plant, manufacturing plant or other place using a volumetric method for determining the fat content of milk or cream, where the result of the determination is to be used wholly or in part as a basis for payment or settlement for the milk or cream, or where the proceeds of cooperative creameries or milk receiving or manufacturing plants are allotted on the basis of the determination of milk fat, or where the result of the determination is used for the purpose of official inspection or for public record, shall use methods conforming to those prescribed in "standard methods for the examination of dairy products," current edition, by the association of official agricultural chemists.

B. No bottle or pipette shall be used in the determination unless it meets the specifications set up by the national institute of standards and technology for glass volumetric apparatus. All milk or cream test bottles and milk test pipettes, before being used, shall be submitted to the division for approval and the associate director shall cause the letter "A" to be etched thereon as evidence of his approval, but nothing in this article shall be construed to prohibit the use of a bottle or pipette previously marked "A" by the associate director, or the state dairy commissioner under prior law. The associate director shall collect a fee of one dollar for each one dozen bottles or pipettes so approved and etched.

C. When the amount of milk fat contained in milk or cream is used wholly or in part as a basis for payment therefor or is made a matter of official inspection or public record, no greater or lesser percentage or average percentage of milk fat than is actually contained in the milk or cream shall be reported or recorded.

D. The associate director or an authorized representative may check the records, inspect the equipment and assist in making determinations of fat content of milk or cream received at a milk receiving or manufacturing plant or other place of determination to ascertain the accuracy of the determinations so made.