Agriculture_Markets
Andrew M. Cuomo, Governor | Richard A. Ball, Commissioner
 
 

Agriculture & Markets Law

ARTICLE 4-B
MILK SANITATION
Section 71-l. Milk sanitation; powers, functions and duties of

commissioner.

71-m. Milk sanitation; appointment of specialists; appliances.

71-n. Milk and milk products; permit required.

71-o. Violations.

S 71-l. Milk sanitation; powers, functions and duties of commissioner.

  1. The commissioner is charged with the duty of protecting and promoting
    the health and welfare of the people of this state by inspecting,
    regulating, and supervising the sanitary quality of milk and cream
    distributed, consumed or sold within this state, whether produced within
    or without the state.
  2. (a) Notwithstanding the provisions of any other general, special or
    local law, the commissioner may, in order to secure uniformity of
    inspection, regulation and supervision of the sanitary quality of milk
    and milk products, as defined under the authority of section forty-six-a
    of this chapter, reverse, modify or annul in whole or in part any rule,
    regulation, direction, order or ordinance heretofore adopted by the
    board of health of any local health district or any other body
    exercising the powers and duties of a board of health therein, or any
    order, direction or requirement made pursuant thereto, pertaining to or
    affecting the production, processing, handling, storage, transportation,
    sale, resale or distribution of milk and cream, or any operations or
    procedures incident thereto.
(b)
The order of the commissioner reversing, modifying or annulling
any such rule, regulation, direction, order, ordinance or requirement,
shall state the date on which it takes effect and a copy thereof, duly
signed by the commissioner shall be filed as a public record in the
department.
(c)
Nothing contained in this article shall affect any existing rule,
regulation, direction, order, ordinance or requirement relating to the
dating of milk in cities.
S 71-m. Milk sanitation; appointment of specialists; appliances. The
commissioner may, within the appropriations made therefor:
(a)
appoint such milk control specialists, bacteriologists, and such
other employees and assistants as may be required, and
(b)
secure such equipment and appliances as may be necessary to carry
out the purposes of this article.
S 71-n. Milk and milk products; permit required. 1. (a) No person,firm, association, partnership or corporation shall engage in or carryon the business of shipping, transporting or importing into this statefrom any other state, territory or foreign country any milk or milkproducts, as defined in subdivision two of section seventy-one-l of thisarticle, for sale, resale or distribution to consumers without firsthaving obtained from the commissioner a permit authorizing all suchshipments, transportations or importations.
(b)
All such permits shall expire on June thirtieth following;provided, however, that before the commissioner shall issue such permithe or she shall (i) cause an inspection by a New York state inspector ofthe out-of-state producers` cows, barns, stables, milk houses, watersupply, milk equipment, utensils and milk; (ii) require a veterinarian`scertificate showing the cows to be in a healthy condition; and (iii)require the applicant or applicants for the permit to satisfy him or her
that the milk or milk products to be shipped, transported or imported
into the state meet all of the sanitary requirements and standards for
such milk and milk products produced within the state of New York.
(c)
Nothing in this section shall be held or construed to apply to
evaporated or condensed milk manufactured, sold or exposed for sale or
exchange in hermetically sealed cans.
(d)
The commissioner shall not issue a permit for the shipment,transportation or importation into this state of any milk or milkproducts, as defined in subdivision two of section seventy-one-l of thisarticle, for sale, resale or distribution to consumers which fail tomeet in detail in accordance with the actual inspection hereinabovedescribed, all sanitary requirements, regulations and product standardsnow in force or hereafter promulgated by the department for theproduction of milk or milk products within the state. When thecommissioner inspects a plant beyond the boundary of the state, thecommissioner may require such plant to reimburse the department for allnecessary and reasonable expenses incurred in making such inspections.In lieu of the inspection requirements set forth in paragraph (b) ofthis subdivision, the commissioner is authorized to effectuate and enterinto such reciprocal agreements with governmental units of other states,commonwealths or jurisdictions as will insure the inhabitants of thisstate milk and milk products complying with all the sanitaryrequirements and product standards and regulations now in force orhereafter promulgated by the department for the production and handlingof milk or milk products within the state, through reciprocal inspectionagreements, and in aid of such agreements, may approve or acceptinspections conducted by other commonwealths, states and jurisdictionswith respect to milk and milk products.
  1. No person, firm, association, partnership or corporation shall
    engage in the production, processing or manufacture of milk and milk
    products without a permit issued by the commissioner pursuant to this
    subdivision. The commissioner may decline to grant or renew or may
    revoke a permit, after due notice and opportunity for a hearing, when he
    or she is satisfied that the applicant or permit holder is not capable
    of complying or has not complied with the requirements relating to
    production, processing or manufacture of milk and milk products set
    forth in this chapter or the rules and regulations promulgated pursuant
    thereto. No fee shall be charged for a permit and it shall remain in
    effect until revoked or until suspended by the commissioner. With
    respect to a milk producer, the permit required by this section shall
    consist of a satisfactory sanitary inspection report of a department
    inspector or a certified milk industry inspector. An emergency
    suspension of a milk producer`s permit pursuant to section four hundred
    one of the state administrative procedure act may be ordered by a
    department employee authorized by the commissioner. Such an order may be
    based upon facts as reported by a certified milk industry inspector.
  2. The commissioner may, after public hearing, promulgate such rules
    and regulations as he or she deems necessary to give full force and
    effect to the purpose and intent of this article and to conform such
    rules and regulations to the provisions of the Grade A Pasteurized Milk
    Ordinance, published by the food and drug administration of the United
    States department of health and human services, including those
    provisions concerning the disposition of milk as a sanction for
    violation of such ordinance.

S 71-o. Violations. Any person, firm, association or corporation
violating any of the provisions of section seventy-one-n of this chapter
shall be guilty of a misdemeanor.