City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
It shall be unlawful to sell or offer for sale any perishable foods designated by this article unless there is stamped, printed or otherwise plainly and conspicuously marked on the top cover or principal panel of the container or any label affixed thereto, statements indicating recommended conditions and methods of storage, and the fact that it is not to be sold after a clearly specified date for human consumption as food.
The following commodities shall be labeled in accordance with the provisions set out by this article:
A. 
Eggs. Grade AA, Grade A and Grade B shell eggs.
B. 
All prepackaged, fully or partially prepared baked goods, with or without additions, known as:
(1) 
Bread, rolls and buns as defined in Title 21, Chapter 1, Part 17 of the Code of Federal Regulations, except those products traditionally known as "fruitcake."
(2) 
Cakes, pastries and cookies, except those that are offered for sale in individual, portion pack, snack-type packages.
(3) 
The items covered in Subsections B(1) and B(2) include only those products which have a moisture content exceeding 18%.
C. 
The following prepackaged dairy and dairy-type products:
(1) 
Those products, with or without additions or flavorings, known as "cheese" and which are required to contain not less than 50% moisture as defined by Title 21, Chapter 1, Part 19 of the Code of Federal Regulations.
(2) 
Low-fat, multivitamin, multimineral type products, which are normally stored at temperatures between 32° F. and 40° F.
(3) 
Flavored milk.
(4) 
Cultured milk, cultured milk products, cultured skim milk, and cultured skim milk products, with or without fruits, vegetables, meats or cheeses or other additives.
(5) 
Milk shakes.
(6) 
Eggnog.
(7) 
Yogurt, skim milk or whole milk, with or without fruits, vegetables, meats or other additives.
(8) 
Whipped cream and instant whipped cream.
(9) 
Sour cream, cultured cream, salad cream and noncultured sour cream, with or without fruits, vegetables, meats or cheese or other additives.
(10) 
Sour half and half, cultured half and half, noncultured sour half and half, noncultured half and half.
(11) 
Dairy dressing and dairy dip.
(12) 
Nondairy coffee creamers which are normally stored at temperatures between 32° F. and 40° F.
A. 
This article shall not include any products stored at or below a temperature of 32° F., in accordance with the recommendations of the manufacturer or processor.
B. 
This article shall not include any product hereinabove designated which is sterilized when hermetically sealed and packaged and is so maintained until the time of sale by a retailer to the public.
C. 
This article shall not include products made from products after the date marked where such secondary products are the results of an additional processing stage.
D. 
Upon written application to the Director of the Office of Licensing, and upon a showing of exceptional circumstances, a manufacturer or processor may be granted an extension, in writing, not to exceed six months, in which to comply, in whole or in part, with the requirements of § 31-74. Thereafter, any request for an additional extension must be supported by evidence of extraordinary circumstances and a showing of substantial compliance during the previously granted extension period, and the granting of a further extension, if any, shall be at the discretion of the Director of the Office of Licensing.
[Amended 7-18-1996 by L.L. No. 5-1996]
A. 
There shall be stamped, printed or otherwise plainly and conspicuously marked a statement indicating recommended conditions and methods of storage on the containers of all foods specified in § 31-72.
B. 
There shall be stamped, printed or otherwise plainly and conspicuously marked either the last day or date of sale or the last day or date for recommended usage on the containers of all foods specified in § 31-72.
C. 
The information required in Subsections A and B of this section shall be clearly marked on each and every package or item as follows:
(1) 
The information shall appear on the top cover or principal panel of its container or on a label affixed thereto.
(2) 
A notice shall appear on the top cover or principal panel or on a label affixed thereto indicating the location on the package of such information.
D. 
The Director may determine, after sufficient notice and hearing, the reasonableness of any statement of representation as to the date and conditions of storage affixed pursuant to this article.
It shall be unlawful to sell or offer for sale any perishable commodities after the last day or date of sale marked or printed on such commodities has expired, unless a sign is posted in close proximity indicating that such commodities are outdated.