Legislation
SECTION 61
Manufacture, sale, and use of oleomargarine
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 4
§ 61. Manufacture, sale, and use of oleomargarine. 1. Definitions.
For the purposes of this section, the following terms shall have the
following meanings:
(a) "Person" means any person, firm, corporation, copartnership,
association, co-operative corporation, or unincorporated co-operative
association.
(b) "Oleomargarine" or "margarine" means any oleaginous substance,
sold or exposed for sale, as a substitute for, or to take the place of,
or used for the same purpose or purposes as butter, or having the
appearance, odor, or taste which is similar to butter, and which is not
made exclusively of milk or cream, or any substance into which any oil
or fat other than that obtained from milk or cream has been introduced
to take the place of butterfat. The terms include oleomargarine of any
shade or color.
(c) "Public eating place" means any hotel, boarding house, restaurant,
saloon, lunch counter, place of public entertainment or any other place
where prepared or cooked food is offered for sale to the public for
consumption on the premises. When a hotel or other establishment
operates more than one public eating place, each such place shall be
deemed to be a separate public eating place. It shall be deemed to
include camps, dude ranches, and other similar establishments operated
for profit even though restricted to a certain age, or other distinctive
group, but shall not be deemed to include religious, charitable or
private camps.
2. Fat standard. Oleomargarine manufactured, sold, offered or exposed
for sale shall contain not less than eighty per centum of fat.
3. Notice to consumers. Consumers shall be given notice of the use of
oleomargarine in public eating places under the following conditions and
in the following manners.
(a) If oleomargarine is served directly to the customer or is placed
on the table or counter where the customer is served notice of such
serving shall be given.
(b) If oleomargarine is served in such a manner that the customer
cannot identify it, notice of such serving shall be given, provided,
however, that use of oleomargarine in preparation of cooked or other
foods, in which the identity of the oleomargarine is lost, shall not
require notice.
(c) Form of notice. Notice shall be given in such a manner that it is
likely to be seen and understood by each person being served. If the
public eating place is such that a single sign can be readily seen by
each person being served, such sign shall be sufficient; otherwise
notice shall be given by signs so located that one can be seen by each
customer, or by notice on menus given to each customer.
(d) Wording of notice. If oleomargarine is served on the tables or
counters where customers are served, the notice shall read as,
"Oleomargarine served here" or "margarine served here", provided,
however, that if the oleomargarine is not served or used in any other
manner notice may be given by a label on or accompanying the
oleomargarine and identifying it as such. If oleomargarine is served in
other ways, the notice shall be the same as hereinabove provided, or may
specify the food or foods with which the oleomargarine is served.
4. Rules and regulations. The commissioner is authorized, after due
notice and hearing, to issue such rules and regulations as are necessary
to carry out the provisions of this section.
For the purposes of this section, the following terms shall have the
following meanings:
(a) "Person" means any person, firm, corporation, copartnership,
association, co-operative corporation, or unincorporated co-operative
association.
(b) "Oleomargarine" or "margarine" means any oleaginous substance,
sold or exposed for sale, as a substitute for, or to take the place of,
or used for the same purpose or purposes as butter, or having the
appearance, odor, or taste which is similar to butter, and which is not
made exclusively of milk or cream, or any substance into which any oil
or fat other than that obtained from milk or cream has been introduced
to take the place of butterfat. The terms include oleomargarine of any
shade or color.
(c) "Public eating place" means any hotel, boarding house, restaurant,
saloon, lunch counter, place of public entertainment or any other place
where prepared or cooked food is offered for sale to the public for
consumption on the premises. When a hotel or other establishment
operates more than one public eating place, each such place shall be
deemed to be a separate public eating place. It shall be deemed to
include camps, dude ranches, and other similar establishments operated
for profit even though restricted to a certain age, or other distinctive
group, but shall not be deemed to include religious, charitable or
private camps.
2. Fat standard. Oleomargarine manufactured, sold, offered or exposed
for sale shall contain not less than eighty per centum of fat.
3. Notice to consumers. Consumers shall be given notice of the use of
oleomargarine in public eating places under the following conditions and
in the following manners.
(a) If oleomargarine is served directly to the customer or is placed
on the table or counter where the customer is served notice of such
serving shall be given.
(b) If oleomargarine is served in such a manner that the customer
cannot identify it, notice of such serving shall be given, provided,
however, that use of oleomargarine in preparation of cooked or other
foods, in which the identity of the oleomargarine is lost, shall not
require notice.
(c) Form of notice. Notice shall be given in such a manner that it is
likely to be seen and understood by each person being served. If the
public eating place is such that a single sign can be readily seen by
each person being served, such sign shall be sufficient; otherwise
notice shall be given by signs so located that one can be seen by each
customer, or by notice on menus given to each customer.
(d) Wording of notice. If oleomargarine is served on the tables or
counters where customers are served, the notice shall read as,
"Oleomargarine served here" or "margarine served here", provided,
however, that if the oleomargarine is not served or used in any other
manner notice may be given by a label on or accompanying the
oleomargarine and identifying it as such. If oleomargarine is served in
other ways, the notice shall be the same as hereinabove provided, or may
specify the food or foods with which the oleomargarine is served.
4. Rules and regulations. The commissioner is authorized, after due
notice and hearing, to issue such rules and regulations as are necessary
to carry out the provisions of this section.