Legislation
SECTION 190-B
Sale of meat in bulk or on a gross or hanging weight basis
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 16
§ 190-b. Sale of meat in bulk or on a gross or hanging weight basis.
1. Definitions. As used in this section, unless the context otherwise
requires, the following words and phrases shall have the following
meanings:
a. "Primal source" means the following cuts: (i) for beef, the primal
sources are the round, flank, loin, rib, plate, brisket, chuck and
shank; (ii) for veal and lamb or mutton, the primal sources are the leg,
flank, loin, rack (rib) and shoulder; and (iii) for pork, the primal
sources are the belly, loin, ham, spareribs, shoulder and jowl.
b. "Seller" means any person, partnership, corporation, or
association, however organized, engaged in the sale at retail of meat
provided however that this section shall not apply to any seller whose
total annual retail sales are less than ten thousand dollars.
c. "Cutting loss" means the weight of meat, fat and bone removed from
the carcass, side, quarter or primal source during standard or custom
cutting procedures.
d. "Gross or hanging weight" means the weight of any single carcass,
side, quarter or primal source of meat prior to cutting or trimming such
meat into any constituent part.
2. Sale of a single carcass, side, quarter or primal source of meat.
Sellers of a single carcass, side, quarter or primal source of meat may
sell such meat on a gross or hanging weight basis, provided such meat is
derived from a single carcass, side, quarter or primal source of meat.
With respect to any other retail sale of meat, the seller shall disclose
in writing to the buyer the net weight, the selling price per pound and
the total selling price of each cut.
3. Disclosures required. A seller of a single carcass, side, quarter
or primal source on a gross or hanging weight basis must provide to
buyers, in writing, the following at the times indicated:
a. Prior to sale:
i. the name and address of the seller;
ii. the estimated gross or hanging weight of the order;
iii. the U.S.D.A. quality grade of the meat to be supplied, if so
graded;
iv. the estimated total price of the order;
v. the estimated cutting loss on the order;
vi. a list, by name and estimated count, of each cut to be derived
from each primal source;
vii. the price per pound of the carcass, side, quarter or primal
source before cutting and wrapping;
viii. additional costs of cutting, wrapping and freezing, if any; and
ix. that the buyer may keep the cutting loss.
b. At the time of delivery:
i. the name and address of the seller;
ii. the total delivered weight of the meat;
iii. the cutting loss;
iv. a list, by name and count, of each cut derived from each primal
source.
c. Exemption. This subdivision shall not apply to the sale of any
carcass, side, quarter or primal source of meat which individually has a
gross or hanging weight of fifty pounds or less.
4. Violations:
A violation of this section shall be subject to the applicable
penalties of this chapter. A violation of this section shall not
constitute a misdemeanor pursuant to the provisions of section forty-one
of this chapter unless such violation is committed with intent to
defraud.
In addition to the foregoing, an application may be made to a court or
justice having jurisdiction to issue an injunction, to enjoin and
restrain the continuance of such violations; and if it shall appear to
the satisfaction of the court or justice, that the defendant has, in
fact, violated this section, an injunction may be issued by such court
or justice, enjoining and restraining any further violation.
1. Definitions. As used in this section, unless the context otherwise
requires, the following words and phrases shall have the following
meanings:
a. "Primal source" means the following cuts: (i) for beef, the primal
sources are the round, flank, loin, rib, plate, brisket, chuck and
shank; (ii) for veal and lamb or mutton, the primal sources are the leg,
flank, loin, rack (rib) and shoulder; and (iii) for pork, the primal
sources are the belly, loin, ham, spareribs, shoulder and jowl.
b. "Seller" means any person, partnership, corporation, or
association, however organized, engaged in the sale at retail of meat
provided however that this section shall not apply to any seller whose
total annual retail sales are less than ten thousand dollars.
c. "Cutting loss" means the weight of meat, fat and bone removed from
the carcass, side, quarter or primal source during standard or custom
cutting procedures.
d. "Gross or hanging weight" means the weight of any single carcass,
side, quarter or primal source of meat prior to cutting or trimming such
meat into any constituent part.
2. Sale of a single carcass, side, quarter or primal source of meat.
Sellers of a single carcass, side, quarter or primal source of meat may
sell such meat on a gross or hanging weight basis, provided such meat is
derived from a single carcass, side, quarter or primal source of meat.
With respect to any other retail sale of meat, the seller shall disclose
in writing to the buyer the net weight, the selling price per pound and
the total selling price of each cut.
3. Disclosures required. A seller of a single carcass, side, quarter
or primal source on a gross or hanging weight basis must provide to
buyers, in writing, the following at the times indicated:
a. Prior to sale:
i. the name and address of the seller;
ii. the estimated gross or hanging weight of the order;
iii. the U.S.D.A. quality grade of the meat to be supplied, if so
graded;
iv. the estimated total price of the order;
v. the estimated cutting loss on the order;
vi. a list, by name and estimated count, of each cut to be derived
from each primal source;
vii. the price per pound of the carcass, side, quarter or primal
source before cutting and wrapping;
viii. additional costs of cutting, wrapping and freezing, if any; and
ix. that the buyer may keep the cutting loss.
b. At the time of delivery:
i. the name and address of the seller;
ii. the total delivered weight of the meat;
iii. the cutting loss;
iv. a list, by name and count, of each cut derived from each primal
source.
c. Exemption. This subdivision shall not apply to the sale of any
carcass, side, quarter or primal source of meat which individually has a
gross or hanging weight of fifty pounds or less.
4. Violations:
A violation of this section shall be subject to the applicable
penalties of this chapter. A violation of this section shall not
constitute a misdemeanor pursuant to the provisions of section forty-one
of this chapter unless such violation is committed with intent to
defraud.
In addition to the foregoing, an application may be made to a court or
justice having jurisdiction to issue an injunction, to enjoin and
restrain the continuance of such violations; and if it shall appear to
the satisfaction of the court or justice, that the defendant has, in
fact, violated this section, an injunction may be issued by such court
or justice, enjoining and restraining any further violation.