§ 57. Licensing of persons in charge of milk-gathering stations,
manufactories or plants; licensing of persons sampling milk and/or cream
and/or determining weight or volume of milk and/or cream; and of persons
making milk component tests. 1. No person shall take charge, either as
superintendent, manager or otherwise, of any milk-gathering station,
manufactory or plant where milk and/or cream is received from producers
for sale or resale or for manufacture, unless licensed by the
commissioner.

2. No person shall measure, weigh, or otherwise determine the volume
or weight of milk and/or cream received from or offered for sale by the
producer thereof or sample such milk and/or cream, or handle, or prepare
such milk and/or cream samples when such samples are to be used for the
purpose of determining the amount of a milk component or components
contained therein, and/or to determine the bacterial count thereof, or
for any other purpose where the result of such test or examination is
used as a basis for payment for such milk and/or cream, for the
classification of such milk and/or cream, for the rejection or
acceptance of such milk and/or cream, or for official inspection, or for
public record, unless licensed by the commissioner provided, however,
that the provisions of this section shall not be deemed to apply to any
person employed by the state department of health or any municipal
department of health in New York state when performing his official
duties for such health agency. Such license shall be designated as a
"milk receiver's license."

3. No person shall prepare or test milk and/or cream samples by any
method, for the purpose of determining the amount of any milk component
contained therein, where the result of such test is used as a basis for
payment for such milk and/or cream, or for official inspection or for
public record, unless licensed by the commissioner.

4. Application for a license, or licenses shall be made upon a form
prescribed by the commissioner. The applicant shall furnish satisfactory
evidence of good moral character, and shall give proof of his ability to
perform the functions for which a license is applied, to the
satisfaction of the commissioner. The commissioner, in his discretion,
may combine in one license authority to perform any of the functions for
which a license is required pursuant to the provisions of subdivisions
one, two and three of this section. A license shall be for a period not
exceeding five years, and may be renewed, in the discretion of the
commissioner, for successive periods of not exceeding five years each.

Each license shall be kept at the place where the licensee is employed
and shall be open to inspection.

A license may be revoked by the commissioner, after a hearing upon due
notice to the licensee, for false statement in the application,
dishonesty, incompetency, inaccuracy or a violation of the provisions of
this article, and a license to take charge of a milk-gathering station,
manufactory or plant may also be revoked for dishonesty, incompetency,
inaccuracy, or a violation of the provisions of this article by any
person working under the direction of the licensee and subject to his
orders.