2023 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.