§ 3-46 Sale of Eggs to Retailers.

   (a)   Any person selling eggs to a re-tailer shall furnish to him an invoice, prior to or accompanying the delivery, specifying the grade and size according to the New York Retail Egg Grades.

   (b)   Invoice. This shall be understood to mean a statement bearing the name and address of the wholesaler or jobber, the name and address of the retailer, the date of delivery and the grade and size of each lot of eggs.

   (c)   Each lot of eggs covered by an invoice must be listed separately and the grade and size stated.

§ 3-47 Advertising of Eggs.

An advertisement of eggs for sale at a given price shall plainly and conspicuously indicate the grade and size.

§ 3-48 Sale of Eggs to Consumer.

Any person exposing for sale or offering for sale eggs to a consumer shall give notice of the exact grade and size of the eggs in the following manner:

   If the eggs are offered or exposed for sale in cartons or other containers, by plainly and conspicuously printing or writing on each carton or container an exact grade and size.

   If the eggs are offered or displayed for sale in bulk, by plainly and conspicuously indicating the exact grade and size by a placard exhibited among or closely adjacent to the eggs.

§ 3-49 Marking of the Grade.

The marking of the grade and size upon any placard as to eggs offered or displayed for sale in bulk, or upon any carton, bag or other container in which eggs are exposed for sale or delivered to the purchaser, shall be in legible printing or writing in letters not less than 3/8 inch in height, and the size designation shall not be abbreviated.

§ 3-50 Use of the Term "Fresh".

The use of the term "fresh" or any other term of similar import shall not be deemed to be a substitute for grade designation.

§ 3-51 Weights and Size of Eggs.

Terms designating weight and size must be applied to each lot of eggs in connection with a sale, offering for sale or advertisement for sale. The following terms shall be used according to the weights given:

 

Size or Weight Class	Minimum Net Weight Per Dozen	Minimum Net Weight Per 30 Dozen	Minimum Weight for Individual Eggs at Rate Per Dozen
Jumbo	30 ounces or over	56 pounds	29 ounces
Extra large	27-30 ounces	50 1/2 pounds	26 ounces
Large	24-27 ounces	45 pounds	23 ounces
Medium	21-24 ounces	39 1/2 pounds	20 ounces
Small	18-21 ounces	34 pounds	17 ounces
Peewee	15-18 ounces	28 pounds	____________

 

Any person selling, offering or exposing for sale eggs to a consumer shall post conspicuously a plain, clear and legibly printed sign at the point of display setting forth the denominations of size and related weight range per dozen of each hereinabove described.

§ 3-52 Markings on Standard Containers.

Standard containers for small fruits, berries and vegetables, so designated and defined by Congress and by the New York Agriculture and Markets Law, must be marked with the standard name of such container unless marked in terms of weight, count or other standard of dry measure.

§ 3-53 Sales of Fruits, Vegetables, Grains and Nuts.

Except when sold in the original container, fruit, vegetables, grains and nuts shall be sold at retail by avoirdupois weight or numerical count. The words "original container" as used in this section shall mean any container or integral thereof, which integral is a smaller container, the contents of which have not been removed or repacked by the retailer. Any such original container must be plainly and conspicuously marked to show the net quantity of the contents thereof in terms of net weight, standard measure or numerical count.

§ 3-54 Meat, Poultry and Fish.

Except for immediate consumption on the premises where sold or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat food products, poultry (whole or parts) and all seafood, except shellfish, offered or exposed for sale or sold as food shall be offered or exposed for sale by net weight.

§ 3-55 Labeling of Frozen, Defrosted or Thawed, and Refrozen Meat, Poultry, Fish and Products Thereof.

   (a)   Definitions. Whenever used in this section the following terms mean or include:

Defrosted (Thawed). "Defrosted (thawed)" shall mean the physical state of a food product which, having been frozen, is exposed to a temperature which produces a flexible condition and liquification of the fluids of the food product.

Frozen. "Frozen" shall mean the physical state of a food product resulting from exposure to a temperature which produces a rigid condition and ice crystallization of the fluids of the food product.

Refrozen. "Refrozen" shall mean the physical state of a food product, which has been frozen, defrosted or thawed, and frozen, in that order, as those terms are hereinabove defined in this subdivision (a).

   (b)   Labeling for retail sale. Meat, poultry, fish and products thereof in which such meat, poultry or fish is the predominant ingredient of such product, whether packaged or not, which has been manufactured, processed or prepared in a frozen condition and which is sold or offered or exposed for sale at retail, shall be correctly labeled as "frozen," either "defrosted" or "thawed," or "refrozen." Such labeling shall be by poster, sign, tag or other notice at, on or near these foods and food products. Such labeling shall be plain, clear and conspicuous.

   (c)   Delivery of tickets and invoices.

      (1)   All packers, processors, manufacturers, wholesalers, distributors and jobbers of meat, poultry, fish and the products thereof in which such meat, poultry or fish is the predominant ingredient of such product, whether packaged or not, which has been manufactured, processed or prepared in a frozen condition, shall correctly mark all delivery tickets and invoices as "frozen," either "defrosted" or "thawed," or "refrozen," according to the condition of such food or food products at the time of delivery to the retailer.

      (2)   All retailers shall keep all delivery tickets and invoices, marked as hereinabove required in paragraph (1) of this subdivision (c), available for inspection on the premises where such food or food products are being sold or offered or exposed for sale at the time of such sale, and at those premises or at another New York City office for a period of two years thereafter.

§ 3-56 Sale of Meat Ground Upon Request by Customer.

All meats purchased in original cuts, whether prepackaged or cut to order and then requested to be ground on the premises, shall be ground in a meat grinder which shall be in open view of the public.