New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter A - Dairy Products (Article 4, Agriculture and Markets Law) › Part 3 - Requirements For The Production, Processing And Distribution Of Grade A Condensed Milk, Dry Milk Products, Condensed Whey And Dry Whey Products › Section 3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions shall apply in the interpretation
					 and enforcement of this Part:
(a)
				  Milk, skim milk and nonfat dry milk mean those products as defined in Part 17
				  of this Subchapter.
(b) Grade A
				  milk and milk products are the substances set forth in subdivisions (c), (d),
				  (e) and (f) of this section which have been produced in compliance with this
				  Part.
(c) Condensed milk is milk
				  unsterilized and unsweetened, resulting from the vacuum removal of a
				  considerable portion of water. This definition is not intended to include
				  sterilized milk and milk products hermetically sealed in a container and
				  processed, either before or after sealing so as to prevent microbial spoilage,
				  or evaporated milk, or sweetened condensed milk, except when said products are
				  combined with other substances in the commercial preparation of any pasteurized
				  milk or milk product defined in Part 2 of this Subchapter.
(d) Dry milk products means products
				  resulting from the drying of milk or milk products and any product resulting
				  from the combination of dry milk products with other wholesome dry
				  ingredients.
(e) Whey is the liquid
				  substance obtained by separating the coagulum from milk, cream or skim
				  milk.
(f) Condensed whey is the
				  product resulting from the vacuum removal of a considerable portion of water
				  from whey.
(g) Dry whey means a
				  product resulting from the drying of whey to which no alkali or other chemical
				  has been added and any product resulting from the combination of dry whey with
				  other wholesome dry ingredients.
(h) The term Grade A when used to describe
				  any products regulated by this Part shall mean such products have been produced
				  in compliance with the requirements of this Part.
(i) Adulterated. Any product regulated by
				  this Part shall be deemed to be adulterated if one or more of the conditions
				  set forth in section 200  of the Agriculture and Markets Law is
				  found to exist.
(j) Misbranded. Any
				  product regulated by this Part shall be deemed to be misbranded if one or more
				  of the conditions set forth in section 201  of the Agriculture and Markets Law is
				  found to exist.
(k) The terms
				  pasteurization, pasteurized, and similar terms shall mean the process of
				  heating every particle of milk, milk products and whey to at least 161° F
				  (72° C) and holding it continuously at or above this temperature for at
				  least 15 seconds, in equipment which is properly operated and approved by the
				  regulatory agency; provided, that milk products that have a higher milk fat
				  content than milk and/or contain added sweeteners, and condensed milk and
				  condensed milk products shall be heated to at least 166° F (75° C) and
				  held coninuously at or above this temperature for at least 15 seconds; provided
				  further, that nothing in this definition shall be construed as barring any
				  other pasteurization process which has been recognized by the U.S. Food and
				  Drug Administration to be equally efficient and which is approved by the
				  regulatory agency.
(l) Sanitization
				  is the application of any effective method or substance to a clean surface for
				  the destruction of pathogens, and of other organisims as far as is practicable.
				  Such treatment shall not adversely affect the equipment, the milk, milk
				  products, whey and condensed and dry milk products or the health of consumers,
				  and shall be acceptable to the regulatory agency.
(m) Regulatory agency shall mean the New York
				  State Department of Agriculture and Markets.
(n) A milk condensing and/or drying plant is
				  a plant in which milk or milk products are condensed, dried, received,
				  separated or otherwise processed for drying and packaging.
(o) A whey condensing and/or drying plant is
				  a plant in which whey is condensed, dried, or in which whey is received and
				  processed for drying and packaging.
(p) Official laboratory is a laboratory as
				  defined in section
				  2.2(uu) 
				  of this Subchapter.
(q) An
				  officially designated laboratory is a laboratory as defined in section
				  2.2(vv) 
				  of this Subchapter.
(r) Industry
				  laboratory is a laboratory as defined in section
				  2.2(vv) 
				  of this Subchapter.
(s)
				  Commissioner means the Commissioner of the Department of Agriculture and
				  Markets of the State of New York.
(t) The word person shall include any
				  individual, plant operator, partnership, corporation, company, firm, trustee,
				  association or institution.
(u)
				  This Part, as used herein, means Part 3 of Title 1 of the Official Compilation
				  of Codes, Rules and Regulations of the State of New York (1 NYCRR Part
				  3).
(v) Certified milk inspector is
				  a person who meets the qualifications set forth in section
				  2.4(b)(1) 
				  of this Subchapter, and has been duly certified by the commissioner pursuant to
				  such section.
(w) Processing plant
				  superintendent (PPS) is a person duly certified by the commissioner pursuant to
				  section
				  3.3(b) 
				  of this Part.