Department of Agriculture & Markets

 
 Division of Milk Control and Dairy Services



Dairy Businesses

Any business which deals with milk or milk products from production to consumption.   

Regulations & Laws:

Licensing / Permits / Required Reports
Producer
Producer-Dealer
Plant Operator
Distributor / Subdealer
Milk Broker
Milk Hauler
Cooperative
Frozen Dessert
Goat and/or Sheep milk
Exemptions from Licensing
Startup Processing Operation

Note: All Licensed Milk Dealers who purchase milk directly from dairy farmers must complete the following monthly:
 
     
BTU Report (Schedules R & S) Excel  PDF
Payment Report (Schedule G)  Excel  PDF
DPO Assessment Report

Producer:

Sanitation Requirements for Dairy Farms
1 NYCRR Part 2 (Requirements for the Production, Processing, Manufacturing and Distribution of Milk and Milk Products)
2009 PMO

Farmers are not required to be licensed unless they handle more than 3,000 pounds per month and do any of the following: To Top

  • Deliver their own milk from the farm to the plant
  • Operate a plant using milk produced on own farm (see Producer-Dealer)
  • Distribute packaged fluid milk, if milk is processed by another plant operator

  • Additional Information: Organic Information | Kosher Information | Raw Milk Sales Regulations and Memo

    Producer-Dealer:

    All milk is processed or manufactured from milk received from the producer's own farm.
    Producer-Dealer Informative Letter
    License & Permit Applications

  • Milk Dealer License
  • Part 2 Permit
  • Inspection Program
  • Processing Plant Superintendent Certificate
    If milk is processed into a frozen dessert: Frozen Dessert Manufacturing and Handlers License
  • Reports:
    Monthly:

    If own milk processed in plant: DPO Assessment Report
    Plant Report Excel | PDF

    Please include:

    • Route Sales - Schedule D (Sales to the final destination before reaching the consumer. These are sales to stores, restaurants, institutions/schools/hospitals or vending machines. Also include home delivery.)
    • Subdealer Sales - Schedule H (Sales to other licensed dealers, warehouses, depots or any distribution center which makes their own deliveries or has route sales of their own.

    May/October: Supplemental Sales Report Excel | PDF Please include: NYS Route Sales

    Plant Operator:
    Any person who operates any single location or mobile unit which pasteurizes fluid milk or manufactures milk into other dairy products.

    A. Milk Received from producers, cooperatives, or other milk dealers and processed into fluid milk or a manufactured product (cheese, yogurt, sour cream etc.). To Top
    License & Permit Applications

  • Milk Dealer License
  • Part 2 Permit
  • Inspection Program
  • Processing Plant Superintendent Certificate
  • Reports:
    Monthly:

    Plant Report Excel | PDF

    Please include:

    • Route Sales - Schedule D (Sales to the final destination before reaching the consumer. These are sales to stores, restaurants, institutions/schools/hospitals or vending machines. Also include home delivery.)
    • Subdealer Sales - Schedule H (Sales to other licensed dealers, warehouses, depots or any distribution center which makes their own deliveries or has route sales of their own

    BTU Report (Schedules R & S) Excel  PDF
    Payment Report (Schedule G)  Excel  PDF

    May/October: Supplemental Sales Report Excel | PDF Please include: NYS Route Sales
    If receiving milk is received from producers or cooperative:

  • Security Requirements
  • Milk Receiver License
  • DPO Assessment
  • B. Milk is NOT received at plant (e.g. cut & wrap cheese production) To Top
    License & Permit Applications

  • Part 2 Permit
  • Inspection Program
  • Processing Plant Superintendent Certificate
  • C. If plant is only manufacturing Ice Cream from Frozen Dessert Mix
    License & Permit Applications

  • Frozen Dessert Manufacturer’s License
  • Processing Plant Superintendent Certificate
  • DPO Assessment Report
  • Distributors/Subdealers:

    In-State: a person located in NYS that purchases or sells or distributes milk in the State
    License & Permit Applications

  • Milk Dealer License
  • If purchasing milk directly from producer and/or cooperatives: Security Requirements
  • Reports:

    Route/Subdealer Sales Report Excel | PDF

    May/October: Packaged Fluid Milk Sales Report Excel | PDF Please include: NYS Route Sales (Only)
    Please include: NYS Route Sales – Schedule B and NYS Subdealer Sales – Schedule C

    Out-of-State: a person located outside of NYS who purchases, or sells, or distributes milk in the State.
    License & Permit Applications

  • Milk Dealer License
  • Import Information
  • Import Permit (To be filed by SOURCE plant)
  • Renewal of Import Permit
  • International Import Supplement
  • If purchasing milk directly from producer and/or cooperatives: Security Requirements
  • Reports:
    Monthly:

    Route Sales & Subdealer Sales Report For Out-of State Dealers (Schedules D & H) Excel | PDF

    May/October: Supplemental Sales Report Excel | PDF Please include: NYS Route Sales (Only)

    Milk Broker:
    A person that does not purchase or sell any milk but negotiates for the purchase or sale of milk on behalf of another license milk dealer.

    License & Permit Applications To Top

  • Milk Dealer License
  • Milk Hauler:

    Bulk:: A person that does not buy or sell any milk but transports the milk in, in bulk, from farm to plant or from plant to plant.

    License & Permit Applications

  • Milk Dealer License
  • If picking up milk directly from producers: Milk Receiver License
  • Packaged: : A person that does not buy or sell any milk but transports the milk, in packaged form, for the account of another licensed milk dealer.

    License & Permit Applications

  • Milk Dealer License
  • Cooperative:

    Bargaining & Collecting::An incorporated group of producers who negotiate for the sale of its members’ milk and the receipt of sale proceeds.

    License & Permit Applications

  • Milk Dealer License
  • Operating: An incorporated group of producers that negotiate for the sale of its members’ milk, and is also responsible for the operation of farm bulk tank routes to bring its member’s milk from farm to plant, or plant to plant. It may also process or manufacture its members’ milk by operating a processing or manufacturing facility or transfer station.

    License & Permit Applications To Top

  • Milk Dealer License
  • Part 2 Permit
  • Inspection Program
  • Milk Receiver License
  • Certified Milk Inspector 1502 CMI
  • If cooperative operates a plant: Processing Plant Superintendent Certificate
  • If purchasing milk directly from producers: DPO Assessment Report
  • Frozen Dessert:
    includes ice cream, frozen custard, French Ice cream-French custard ice cream, artificially sweetened ice cream, ice milk, freezer made shakes, fruit sherbet, water ice, quiescently frozen confection, quiescently frozen dairy confection, manufactured desserts mix, frozen confection, mellorine frozen dessert, frozen dessert mix, or any other product wits similar in appearance, odor, or taste to such products or are prepared or frozen as frozen desserts are customarily prepared or frozen, whether made with dairy products or non-dairy products.

    Handler: a person who distributes a frozen dessert

    License & Permit Applications

  • Frozen Dessert License
  • Frozen Dessert License Supplemental
  • Manufacturer: a person who produces, processes, and packages a frozen dessert

    License & Permit Applications

  • Frozen Dessert License
  • Frozen Dessert License Supplemental
  • Processing Plant Superintendent Certificate
  • Goat and/or Sheep milk:

    Sanitation requirements are the SAME as:: To Top

  • Producer
  • Producer-Dealer
  • Plant Operator
  • Frozen Dessert
    No reports are necessary for goat or sheep milk

  • Exemptions from Licensing:

    Milk Dealers: Milk dealers who handle less than 3,000 pounds of milk per month may be exempted from the licensing requirements.

    Stores: A store is exempt from milk dealer licensing providing it does not engage in the customary functions of a milk dealer:

  • Stores who handle less than 3,000 pounds of milk per month may be exempted from the milk dealer licensing requirements.
  • It does not distribute milk to its store(s)
  • It does not operate a milk processing plant
  • It does not sell milk to other stores

  • Note: A store that handles potentially hazardous foods including milk, shell eggs and refrigerated meats needs an Article 28 Food License issued by NYS Department of Agriculture and Markets, Division of Food Safety and Inspection.

    Producers: Producers are not required to be licensed unless they handle more than 3,000 pounds per month and do any of the following:

  • Deliver their own milk from the farm to the plant
  • Operate a plant using milk produced on own farm (Producer-Dealer)
  • Distribute packaged fluid milk, if milk is processed by another plant operator
  • Regulations & Laws

    (The information provided below is not the official version of the Laws, the Compilation of Codes and the Rules and Regulations of the State of New York. No representation is made as to the accuracy of the information provided below).

    Agriculture and Markets Law  ( Laws of New York)                

    Article 4 (Dairy Products)

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    Article 4-A (Frozen Desserts)

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    Article 4-B (Milk Sanitation)

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    Article 4-C (Foreign Dairy Products)

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    Article 21 (Milk Control)

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    Article 21-AA (Dairy Promotion Act)

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    Article 21-C (Northeast Interstate Dairy Compact)

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    396-rr of the NYS General Business Law ( Milk Price Gouging Law)

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    New York Codes, Rules, and Regulations

    1 NYCRR Part 2 (Requirements for the Production, Processing, Manufacturing and Distribution of Milk and Milk Products)

     

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    1 NYCRR Par 6 (Rules and Regulations for Sampling and Testing Milk for Component Content )

     

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    1 NYCRR Par 7 (Pasteurization of Cheese and Cheese Curd )

     

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    1 NYCRR Par 12 (Adulteration And Cleanliness Of Milk )

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    1 NYCRR Par 17 (Labeling Requirenments and definitions and standards of identity for milk, milk products, and frozen desert)

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    1 NYCRR Part 21 (Western New York Milk Marketing Area)

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    1 NYCRR Part 24 (Milk Dealer Licensing Policy and Procedures)

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    1 NYCRR Part 25 (Records and Reports by Milk Dealers)

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    1 NYCRR Part 26 (Notice of Discontinuance to Producers)

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    1 NYCRR Part 29 (Bulk Tank Milk Collectors and Haulers)

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    1 NYCRR Part 30-31 (Identification of Trucks and Vehicles Used for the  Delivery of Milk at Retail and Wholesale)

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    1 NYCRR Part 40 (New York Dairy Promotion Order)

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    1 NYCRR Part 41 (Requirements for the Transportation and Storage of Pasteurized Milk)

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    1 NYCRR Part 42 (Deposit on Milk Cases)

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    1 NYCRR Part 43 (Rules and Regulations Implementing the Milk Producers Security Law)

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    1 NYCRR Part 44 (Prompt Payment for Milk to Milk Dealers)

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    CIRCULAR 278 Sampling Producer Milk

     

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