§ 56-a. Taking of composite sample; record of tests. Corporations,
associations or persons buying milk and/or cream from producers of milk
and/or cream to be paid for on the basis of the percentage of a
component or components of such milk or cream and taking samples
therefrom to form a composite sample to be tested periodically to
determine its value on such basis, shall, at the request of the
producer, or of his agent designated in writing, take such samples in
duplicate and subject them to the same treatment. At the end of the
period for which the composite samples were taken, such corporation,
association or person shall tender same to the producer thereof, or to
his authorized agent, and give such producer, or his authorized agent,
the choice of one of the two composite samples so taken. Such producer,
or his authorized agent, may send such duplicate composite sample,
properly marked for identification of the component or components upon
which payment or settlement for the milk is based and with the
producer's name and post office address, to the New York State food
laboratory of the department within three days from the receipt thereof.
Such laboratory shall cause such sample to be tested for the per centum
of such component or components contained therein, and shall cause a
report of such test to be sent to the producer or to his authorized
agent, from whom it was received within ten days thereof, or as soon
thereafter as possible. Persons testing composite samples of milk and/or
cream taken from milk or cream bought or received from producers, where
the value thereof is determined by the percentage of a component or
components contained in such milk or cream, shall preserve intact the
remaining portion of the sample from which the test was made, and in the
case of milk keep the same for at least ten days and in the case of
cream keep the same for at least one day after the making of such test,
for the purpose of permitting the commissioner or his duly authorized
representative to examine and test the same. Whenever a producer shall
designate in writing his authorized agent, the period for which such
authorization shall be in effect shall be stated and the time or times
when such duplicate composite sample or samples shall be tendered to the
authorized agent. The corporation, association or person buying such
milk and/or cream shall permit the authorized agent to collect the
samples so chosen.

Persons making such tests of samples of milk and/or cream so purchased
or received shall, immediately after such tests are completed, prepare a
list containing the names or numbers of the producers whose milk and/or
cream was so tested, and place opposite each such producer's name or
number the percentage of each component or components, upon which
payment or settlement is based, found to have been contained in the
sample of milk and/or cream representing the milk and/or cream delivered
by each such producer. Such lists so prepared shall be made with
indelible pencil or permanent ink and shall be filed in the plant or
place where such milk and/or cream is bought or received, and each such
list shall be duly signed by the person making such tests and preparing
such lists, and such person shall place beneath his signature the number
of the state license under which he is testing.

All such lists shall be kept as a record for at least one year and
shall be open to examination at all times by the commissioner or his
duly authorized representative. At any time, upon request of any
producer, or his authorized agent, the purchaser or receiver of such
milk and/or cream shall permit such producer to examine such part of
said record as contains information concerning the samples of milk
and/or cream representing the milk and/or cream delivered by such
producer. Every such purchaser or receiver of milk and/or cream from the
producer thereof shall, on written request therefor, made by the
producer or by his authorized agent, mail or deliver to the producer or
his authorized agent, at each time thereafter when such list is made a
written statement of the percentage of the component or components, upon
which payment or settlement was based, found to have been contained in
the sample or samples representing the milk and/or cream delivered by
such producer.

Without the written permission of the commissioner, no sample of milk
and/or cream so tested by the purchaser or his representative shall be
tested at a plant or place other than the one where received, nor
without such permission shall any such sample of milk be removed from
any such plant or place where tested within ten days from the date of
testing, nor shall any such sample of cream be removed therefrom within
one day from such date of testing.