FOR THE TRANSPORTATION AND STORAGE
authority: Agriculture and Markets Law,
sections 18, 255, 257-a)
(Effective date: May
41.1. General application. The
terms and provisions of this Part shall apply to the transportation and storage
of pasteurized milk packaged for resale.
Section 41.2. Definitions. The following definitions shall apply to
the terms used in this Part:
means any person who purchases milk from a milk dealer and transports it for
intended resale in the original container.
means “milk” as defined in subdivision (7) of section 253 of the Agriculture
and Markets Law that has been pasteurized and packaged, except that it does not
include milk that has been aseptically processed as defined in section 2.2 of
dealer means a “milk dealer” as defined in subdivision (4) of section 253
of the Agriculture and Markets Law.
(d) Person means
a “person” as defined in subdivision (3) of section 253 of the Agriculture and
means a written statement, subscribed and dated by a distributor or his duly
authorized representative, which sets forth the distributor’s name, business
address, telephone number, vehicle license plate number, and a declaration that
all requirements for ensuring that milk is properly transported, as prescribed
in section 257-a of the Agriculture and Markets Law, have been met relative to
such distributor’s purchases of milk from a particular milk dealer.
41.3. Certification requirement. (a)
Any milk dealer who sells milk to a
distributor shall, on or before the date of the first such sale, obtain from
such distributor a certification as defined in subdivision (e) of section 41.2
of this Part, unless exempted pursuant to section 41.4 of this Part.
Any certification obtained pursuant to this section shall be retained by the
milk dealer at its usual place of business for so long as milk sales to the
distributor continue, and shall be made available for inspection by the
Commissioner’s representative during regular business hours.
41.4. Exemption. Any person who
purchases or handles milk in a total quantity not exceeding ten gallons per
delivery is exempt from the requirements of this Part and section 257-a of the
Agriculture and Markets Law. [NOTE:
Effective July 6, 1999, exemption provision in Section 257-a was amended
to twenty gallons per day ].
41.5. Certification form. A
certification in the following form shall be deemed to satisfy the requirement
of this Part:
hereby certify that the vehicle transporting packaged milk for resale in the
same container is capable of maintaining such milk at a temperature of not more
than 45 degrees Fahrenheit and the packaged milk is stored and shipped in a
compartment which contains no toxic and hazardous chemicals or solid waste as
defined in section 257-a of the Agriculture and Markets Law.* These requirements are being met with regard
to milk purchased by me from ________________________
(Name & Address of Milk Dealer)
(Name of Distributor) (Address of
(Vehicle License Plate Number) (Telephone Number of Distributor)
(Date Signed) (Signature of Distributor or
(Name and Title of Signer)
* “Toxic and
hazardous chemicals” shall not mean common household products normally sold in
grocery stores and supermarkets or those products normally provided to
commercial establishments by a food service company, that are packaged and
handled in a manner which avoids contamination of milk or milk products. “Solid waste” shall not mean any packaging
that is approved for reuse such as returnable milk bottles.