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

Upon the decision of an official referee, to whom were referred for hearing and determination the issues in this case, the plaintiff was granted a declaratory judgment which determined that the plaintiff’s product, “ Instant Whip ”, is not a milk product, as defined by Regulation 1 of Chapter 3 of the State Sanitary Code, and accordingly that it was not subject to regulation under the Public Health Law. The declaratory judgment further determined that “ Instant Whip ” is a manufactured food product, within the classification of " frozen desserts mix,” under article 4-A, section 71-a,…