1 CRR-NY 37.2NY-CRR
1 CRR-NY 37.2
1 CRR-NY 37.2
37.2 Product identification.
(a) Names.
For the purposes of this section, the products served which are subject to regulation by this Part shall be represented by their defined name or names, except that in the case of melloream, a trade or brand name may be used if followed by one of the following: “Melloream,” “A Vegetable Oil Blend,” “A Vegetable Oil Product,” “Not a Dairy Product,” or “Contains no milk or milk fat.”
(b) Exceptions.
The provisions of this section shall not apply to any of the products regulated by this Part when used in the preparation of cooked or other foods, other than beverages, in which the regulated product or products is one of two or more ingredients used; provided, however, that no prepared or cooked food containing either dairy products or melloream shall be misrepresented as to such ingredients.
(c) Labels, signs or menu statements.
No person who operates a public eating place shall serve any dairy products or melloream, as defined in section 37.1 of this Part, unless he informs the persons served in such public eating place as to the product or products served, by one or more of the following methods:
(1) each person served is provided with a menu on which any of the products subject to regulation pursuant to this Part are shown as being served with a particular beverage or item of food, such as “coffee with __,” “cereal with __,” “fruit with __,” or some other equally informative statement, the blank to be filled in with the name of the product served with that particular beverage or food; or
(2) if only one product subject to regulation pursuant to this Part is served, and each person served is provided with a menu on which there is a statement reading “__ served here,” “We serve __,” or some other equally informative statement, the blank to be filled in with the name of products served; or
(3) if only one product subject to regulation pursuant to this Part is served, and there is posted conspicuously, in each room of such public eating place where such product is served, a sign or signs, visible throughout the room, bearing the words “ __ served here,” “We serve __,” or some other equally informative statement, the blank to be filled in with the name of the product served; or
(4) there is a wall menu or other posted menu, plainly visible to all who are served, on which there appears a statement or statements similar to those permitted pursuant to paragraph (1), (2) or (3) of this subdivision; or
(5) the information to be furnished pursuant to paragraph (1), (2), (3) or (4) of this subdivision is given to each person served by means of notices or statements on each table where persons are served; or
(6) the product or products are served in individual containers or servers on which the name of the product appears in letters which are sufficiently large and conspicuous to be seen under normal conditions at such eating place; or
(7) when dairy products are served solely as a beverage separate from any other beverage or food, they may be listed on the menu by their defined or usual name. When melloream is served solely as a beverage separate from any other beverage or food, it may be listed on the menu as “Melloream,” “A vegetable oil blend,” or by its trade name.
(d) Beverage serving.
Milk or milk products or melloream as regulated by this Part shall not be served as a beverage in any public eating place, unless such product is served in the original package or from a dispenser in the room where the customers are served and located where it can be readily seen by the customers, which dispenser is clearly labeled with the name of the beverage served.
1 CRR-NY 37.2
Current through July 31, 2023
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