NY Agric & Mkts L § 71-N (2021)
2021 New York Laws AGM - Agriculture and Markets Article 4-B - Milk Sanitation 71-N - Milk and Milk Products; Permit Required.

§ 71-n. Milk  and  milk  products;  permit required. 1. (a) No person, firm, association, partnership or corporation shall engage in  or  carry on  the  business of shipping, transporting or importing into this state from any other state, territory or foreign  country  any  milk  or  milk products, as defined in subdivision two of section seventy-one-l of this article,  for  sale, resale or distribution to consumers unless the milk and milk products to be shipped,  transported,  or  imported  into  this state  meet all of the sanitary requirements and standards for such milk and milk products produced or manufactured within this state.  (b) 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.  (c) When the commissioner inspects a plant beyond the boundary of  the state,  the  commissioner  may  require  such  plant  to  reimburse  the department for all necessary and reasonable expenses incurred in  making such inspections. The commissioner is authorized to effectuate and enter into such reciprocal agreements with governmental units of other states, commonwealths  or  jurisdictions  as will insure the inhabitants of this state  milk  and  milk  products  complying  with   all   the   sanitary requirements  and  product  standards  and  regulations  now in force or hereafter promulgated by the department for the production and  handling of milk or milk products within the state, through reciprocal inspection agreements,  and  in  aid  of  such  agreements,  may  approve or accept inspections conducted by other commonwealths, states  and  jurisdictions with respect to milk and milk products.   2.  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.   3. 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.