Aerated Products Co. of Buffalo, Inc. v. Godfrey

The defendant, State Commissioner of Public Health, appeals from a declaratory judgment which determined that “ Instant Whip,” manufactured by plaintiff under a patented process, is not a milk product as defined in regulation 1 of chapter 3 of the Sanitary Code, established and made pursuant to section 2-b of the Public Health Law, but is a manufactured food product, not subject to the Sanitary Code, and should be classified as “ frozen desserts mix ” (Agrie, and Mkts. Law, § 71-a), and that the attempt by the defendant to require plaintiff to comply with the Sanitary Code is unreasonable and…