§ 71-b. Application for license. 1. Every wholesale manufacturer of
frozen desserts produced for sale, and every person who sells, offers or
exposes for sale, or has or possesses for sale other than exclusively at
retail, any frozen dessert, shall, not later than the first day of
February of every other year, file with the commissioner an application
for a license upon a form prescribed by the commissioner, which
application shall state such facts concerning the applicant's
circumstances and the nature of business to be conducted as in the
opinion of the commissioner are necessary for the administration of this
article. The license period shall be for twenty-four months, beginning
March first following.

2. The application of a manufacturer must show that the frozen
desserts to be manufactured by the applicant are to be composed of pure
and wholesome ingredients and are to be produced under sanitary
conditions. The application shall also show the location of each plant
at which frozen desserts are to be manufactured, and the name of the
brand or brands, if any, under which the same are to be sold.

3. This section shall not apply to any boarding house in respect to
frozen desserts manufactured by such boarding house and served to the
patrons thereof for consumption on the premises where manufactured, nor
to a person, other than a manufacturer, who sells, offers or exposes for
sale, or has on hand with intent to sell exclusively at retail, any
frozen dessert.