reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 54 - Requirements For Self-defense Spray Devices › Section 54.3 - Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Every self-defense spray device which is purchased,
					 possessed or used in New York State shall satisfy all of the following
					 requirements:
(a) Every self-defense
				  spray device shall contain oleoresin capsicum, and no other substance, as the
				  active ingredient.
(b) The contents
				  of every self-defense spray device shall not contain more than 0.7 percent by
				  weight total capsaicinoids.
(c) The
				  net weight of every self-defense spray device shall not exceed 0.75
				  ounce.
(d) Every self-defense spray
				  device shall have a safety device.
(e) Every self-defense spray device shall be
				  sold in a sealed, tamper-proof package.
(f) Every self-defense spray device shall not
				  be camouflaged.
(g) Every
				  self-defense spray device shall be accompanied by an insert or inserts which
				  include directions for use, first aid information, safety and storage
				  information and which shall also contain a toll-free telephone number for the
				  purpose of allowing any purchaser to call and receive additional information
				  regarding the availability of local courses in self-defense training and safety
				  in the use of a self-defense spray device.
(h) Every self-defense spray device shall
				  bear the following label: "Warning: The use of this substance or device for any
				  purpose other than self-defense is a criminal offense under the law. The
				  contents are dangerous - use with care. This device shall not be sold by anyone
				  other than a licensed or authorized dealer. Possession of this device by a
				  person under the age of 18 or by anyone who has been convicted of a felony or
				  assault is illegal. Violators may be prosecuted under the law." This label
				  shall appear on the self-defense spray device if the self-defense spray device
				  does not bear the labels required by the California Penal Code pursuant to
				  section 12403.7(a)(5)(B) and by the United States Consumer Product Safety
				  Commission pursuant to 16 Code of Federal Regulations section 1500. This label
				  shall appear on self-defense spray device packaging materials or the
				  self-defense spray device if the self-defense spray device bears the labels
				  required by California Penal Code pursuant to section 12403.7(a)(5)(B) and by
				  the United States Consumer Product Safety Commission pursuant to 16 Code of
				  Federal Regulations section 1500.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-1 - Approval Of Laboratories And Institutions For Use Of Living Animals And For Requisition And Allocation Of Animals From Pounds › Approval of Laboratories › Section 55-1.1 - Purposes for which approval may be granted

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approval may be granted laboratories and
						institutions for the use of living animals in properly performed or conducted
						scientific tests, experiments or investigations, including educational
						demonstrations. Living animals include living mammals and birds.
(b) Approval will not be granted to
						laboratories for the use of living animals unless evidence is presented that
						the general research or teaching program of the institution or laboratory will
						contribute to the understanding of the problems of human or animal
						health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-1 - Approval Of Laboratories And Institutions For Use Of Living Animals And For Requisition And Allocation Of Animals From Pounds › Approval of Laboratories › Section 55-1.2 - Eligibility for approval

Current through Register Vol. 46, No. 28, July 10, 2024
Only laboratories or institutions will be approved in
						  which the use of living animals for the purposes set forth in section
						  55-1.1 
						  of this Subpart will be under the immediate supervision of persons qualified by
						  training and experience to conduct scientific work.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-1 - Approval Of Laboratories And Institutions For Use Of Living Animals And For Requisition And Allocation Of Animals From Pounds › Approval of Laboratories › Section 55-1.3 - Method of approval

Current through Register Vol. 46, No. 28, July 10, 2024
Application for approval shall be made on forms
						  provided by the State Department of Health. Approval will be granted to a
						  laboratory or institution in the name of the person who is the highest level
						  administrator in that laboratory or institution. The certificate of approval is
						  not transferable and the State Department of Health shall be advised promptly
						  if the individual in whose name approval has been granted shall cease to be in
						  charge.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-1 - Approval Of Laboratories And Institutions For Use Of Living Animals And For Requisition And Allocation Of Animals From Pounds › Use of Animals › Section 55-1.4 - Responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The individual
						whose name appears on the certificate of approval shall be responsible for all
						of the experimentation that involves the use of living animals in the
						designated laboratory or institution. Such individual shall designate one
						person to be in charge of animal care. That person shall be responsible for the
						animals' care regardless of whether that person is physically within or away
						from the laboratory or institution.
(b) The laboratory or institution shall have
						an animal care committee which shall be responsible for the review of the
						propriety of the procedures used and the scientific justification for the use
						of animals in experiments, tests, and investigations, including educational
						demonstrations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-1 - Approval Of Laboratories And Institutions For Use Of Living Animals And For Requisition And Allocation Of Animals From Pounds › Use of Animals › Section 55-1.5 - Care and treatment of animals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The laboratory or institution shall give
						careful consideration to the humane treatment of animals wherever located. This
						includes any off-premises locations which are not considered part of the
						laboratory or institution. The food given to the animals shall be wholesome and
						in sufficient quantity for the type of animal and scientific tests. The
						animals' quarters shall be kept clean, well lighted and ventilated and be
						maintained at a proper temperature. Quarters or cages of suitable size shall be
						provided so that each animal may stand, sit and lie in a normal position and
						turn around with ease. All quarters and cages shall be kept clean, and after
						they are vacated and before they are reoccupied shall be cleaned by procedures
						suitable to prevent spread of communicable diseases.
(b) Laboratories and institutions providing
						transportation for animals must arrange for their humane handling during their
						transportation to and from the laboratory or institution.
(c) Pain and discomfort shall be minimized by
						proper use of tranquilizers, analgesics and anesthetics. Exceptions may be made
						when provisions for maximum comfort, including the use of tranquilizers,
						analgesics and anesthetics, would defeat the purpose of the experiment. Any
						exceptions are to be made only after having received the recommendations of the
						person in charge of animal care.
(d) If animals are to be killed, they must be
						killed humanely.
(e) Humane methods
						for killing animals shall include, but not be limited to, the following:
(1) inhalant agents such as carbon dioxide
						for small rodents;
(2) noninhalant
						pharmacological agents such as:
(i) barbituric
						acid derivatives; and
(ii) a
						combination of chloral hydrate, magnesium sulfate and sodium pentabarbital for
						large animals;
(3)
						physical methods such as decapitation for small animals.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-1 - Approval Of Laboratories And Institutions For Use Of Living Animals And For Requisition And Allocation Of Animals From Pounds › Use of Animals › Section 55-1.6 - Interpretation

Current through Register Vol. 46, No. 28, July 10, 2024
In meeting the requirements of this Subpart for
						  adequate sanitation, ventilation, food, temperature and space, the standards
						  set out in the latest edition of the Guide for the Care and Use of Laboratory
						  Animals,DHEW Publications No. (NIH) 78-23, published by the U.S. Department of
						  Health and Human Services, shall be used as a guide.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-1 - Approval Of Laboratories And Institutions For Use Of Living Animals And For Requisition And Allocation Of Animals From Pounds › Use of Animals › Section 55-1.7 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall not apply to elementary or secondary
						  schools under the jurisdiction of the State Education
						  Department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.2 - Certificates of approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Certificates of approval shall be issued to environmental laboratories in one
					 or more categories, including, but not limited to:
(1) examination of potable water, including,
					 but not limited to, the analytes listed in Part 5 of the New York State
					 Sanitary Code;
(2) examination of
					 nonpotable water such as wastewater and samples for water quality monitoring of
					 lakes, streams and rivers;
(3)
					 examination of solid waste, soil and sediment, including, but not limited to,
					 hazardous wastes (see Environmental Conservation Law, article 27);
(4) examination of air;
(5) examination of medical marihuana (see New
					 York State Public Health Law article 33, title 5-A); and
(6) examination of any sample, specimen or
					 substance listed or otherwise described in section 502  of the Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.3 - Application for approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) An application for a certificate of
					 approval shall be submitted to the department by the owner(s) and technical
					 director(s) of an environmental laboratory on a form prescribed by the
					 department. No certificate of approval shall be granted to any laboratory
					 failing to supply all the information requested on the application
					 form.
(2) For each category for
					 which approval is sought, the application for approval shall specify the
					 analytes to be determined, the types of sample(s) to be analyzed (such as soil
					 or water), and the approved methods to be employed for each analyte/sample
					 type.
(3) The department may
					 require additional information regarding the laboratory, including, but not
					 limited to, its ownership, organization, quality system, testing program,
					 premises, qualifications of personnel, equipment, method of reporting results
					 of analyses, and number of analyses performed each calendar year.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.4 - Approval criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 such form as may be prescribed by the department, the environmental laboratory
					 owner(s) and technical director(s) shall attest to the following:
(1) the laboratory will be operated in
					 accordance with section 502  of the Public Health Law, the provisions
					 of this Title and/or section 3-0119 of the New York State Environmental
					 Conservation Law;
(2) the
					 laboratory will employ approved methods and will document information pertinent
					 to the approval, demonstration of capability, and use of each method;
(3) records will be maintained for not fewer
					 than five years and shall identify precisely the samples collected, accepted
					 and examined; and procedures used and personnel involved; and shall document
					 test conditions, observations and results of analyses, except that records of
					 chemical analyses related to potable water supplies shall be maintained for not
					 fewer than 10 years and records of analyses related to critical agents shall be
					 maintained as required in section
					 55-2.13 
					 of this Subpart;
(4) the technical
					 director(s) will develop, implement and document a quality system as defined in
					 this Subpart; and
(5) the owner
					 shall notify the department if the laboratory is found to be in violation of
					 any Federal, State or local law related to the provision of environmental
					 laboratory services or reimbursement for such services, by the Federal, State
					 or local agency enforcing that law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.5 - Department approval of methods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A laboratory shall obtain department
					 approval prior to performing a laboratory-developed method, or other method not
					 otherwise approved or given similar recognition as described in section
					 55-2.1(e) 
					 of this Subpart. The department may approve such a method, provided the
					 laboratory submits data and other information as required supporting the
					 technical merit of the method, and demonstrating that the methods's precision
					 and accuracy are equivalent or superior to that of an approved method. Such
					 data and information shall include, but not be limited to:
(1) a description of the method, including
					 analyte, sample type, working range, reagents and their preparation, equipment
					 specifications, analytical procedures, precision, accuracy, related
					 calculations, intended purpose and pertinent literature citations;
(2) the anticipated date of method
					 implementation;
(3) comparative
					 data, including: sample source(s), dates and times collected, and matrix;
					 whether the sample was spiked, and, if so, the spiking procedure; the approved
					 method used; and analytical results for both the approved method and the method
					 submitted for approval;
(4) data
					 from inter-laboratory comparisons, demonstrating the method's
					 reproducibility;
(5) demonstration
					 of capability data; and
(6) any
					 other information pertinent to the department's determination of the method's
					 technical merit.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.7 - Laboratory on-site assessments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An environmental laboratory seeking or
					 holding a certificate of approval under this Part shall, as a condition of
					 approval, permit on-site assessments to be conducted by the department or by a
					 State program recognized by the department pursuant to section
					 55-2.9 
					 of this Subpart during the laboratory's normal business hours.
(b) The factors to be considered during
					 on-site assessments shall include, but not be limited to, the competence and
					 qualifications of staff, adequacy of facilities and equipment, appropriateness
					 of sampling protocols, use of approved methods, and the laboratory's quality
					 system, including, but not limited to, quality assurance and quality control
					 procedures, and recordkeeping and reporting practices, as specified in this
					 Subpart.
(c) Each environmental
					 laboratory shall, following each on-site assessment, be furnished with an
					 assessment report which shall set forth the findings of the on-site assessment
					 and any deficiencies to be corrected.
(d) Environmental laboratories located
					 outside of the State of New York shall be assessed the approval fee specified
					 in Subpart 55-3 of this Part, as well as additional expenses incurred by the
					 department in conducting on-site assessments of each laboratory. Such on-site
					 assessments shall not be performed before the department receives payment for
					 such additional costs.
(e) If
					 deficiencies are found during an on-site assessment, the environmental
					 laboratory may be granted a grace period not to exceed 90 calendar days from
					 the date of notification to correct the deficiencies, provided that, within 30
					 calendar days of such notification, the laboratory submits to the department or
					 recognized State program performing the assessment a written plan of correction
					 to be implemented within 90 calendar days. If, at the end of the grace period,
					 any of the deficiencies found remain uncorrected, the certificate of approval
					 shall be revoked in affected analytes and/or categories pursuant to section 55-
					 2.6 of this Subpart. If the deficiencies found do not necessarily or
					 immediately affect either the accuracy or reliability of results, and if the
					 environmental laboratory demonstrates in writing that corrections of
					 deficiencies have been delayed for reasons beyond its control, the grace period
					 granted pursuant to this subdivision may be extended further for a period not
					 to exceed 90 calendar days. Such extension may not be renewed
					 further.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.8 - Proficiency testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Environmental laboratories shall examine proficiency test samples supplied by
					 the department or by a proficiency testing provider recognized by the
					 department pursuant to subdivision (i) of this section. Laboratories shall
					 conduct the specified examinations and submit the results to the proficiency
					 sample provider for all analytes for which the laboratories are approved or
					 seeking approval, and for which samples have been supplied.
(1) The department shall announce its
					 schedule for mailed proficiency test sample distribution as soon as practicable
					 after the first day of each approval year. Distribution frequency and dates
					 shall be included in this announcement. The department shall specify, in
					 letters distributed with samples, the department's test result scoring
					 criteria. Laboratories participating in the department's proficiency testing
					 program, shall report test results to the department no later than on the dates
					 specified by the department for each manner of result submission (i.e.,
					 hardcopy or electronic). No extensions shall be granted. Laboratories whose
					 results are received after the deadline shall be considered to have achieved
					 unsatisfactory performance in the proficient test event. Laboratories
					 participating in a recognized proficiency testing provider(s)' proficiency
					 testing program, other than the department's program, shall arrange with that
					 provider to have test results forwarded to the department.
(2) To obtain or maintain approval for a
					 given analyte, an environmental laboratory shall attain satisfactory
					 performance in at least two of three consecutive scheduled or unscheduled
					 proficiency test events in which it has participated. Such events shall take
					 place at least 30 calendar days apart.
(3) To obtain or maintain approval for the
					 potable water - total coliforms analyte, for which proficiency testing requires
					 qualitative analysis, an environmental laboratory shall maintain a score of at
					 least 90 percent, without reporting a false negative result for at least two of
					 three consecutive scheduled or unscheduled proficiency test events in which it
					 has participated. Such events shall take place at least 30 calendar days
					 apart.
(4) To obtain or maintain
					 approval in contract laboratory protocol (CLP) analyses, an environmental
					 laboratory shall be evaluated on both proficiency testing performance and
					 conformity to the contract requirements of the CLP data package
					 submitted.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.9 - Recognition of other state programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An environmental laboratory located in
					 another state may request that the department recognize, for purposes of a New
					 York State certificate of approval, that the requirements of this Subpart for
					 on-site assessment, technical direction, quality systems and/or proficiency
					 testing have been met by the laboratory's participation in another state's
					 environmental laboratory approval program. The department may recognize one or
					 more of such requirements as met by participation in another state's program,
					 provided:
(1) the legal, technical and
					 recordkeeping requirements of the state regulatory program in which the
					 laboratory is participating are determined by the department to meet or exceed
					 New York State's requirements;
(2)
					 the laboratory demonstrates good standing in the other state's program,
					 including successful completion of an on-site assessment and satisfactory
					 performance in required proficiency testing, and documents such good standing
					 to the department;
(3) the
					 laboratory submits to the department a completed application for
					 approval;
(4) the laboratory pays
					 all applicable fees required by Subpart 55-3 of this Part;
(5) the laboratory pays any costs incurred by
					 department representatives traveling outside New York State to perform an
					 on-site assessment pursuant to this Subpart; and
(6) the technical director(s) meet(s) the
					 requirements of section
					 55-2.10 
					 of this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.10 - Technical director: qualifications and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
					 Each environmental laboratory shall appoint one or more technical directors,
					 who shall be full-time members of the laboratory's staff, and who shall
					 exercise actual day-to-day supervision of laboratory operations, including the
					 reporting of results. The designation of a lead technical director shall be
					 documented.
(2) Each technical
					 director shall have the requisite credentials and experience for an area of
					 analysis, such as microbiology, organic chemistry, inorganic chemistry and
					 radiochemical analysis, and shall supervise only the areas of environmental
					 analysis for which he or she meets the qualifications required by this
					 section.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.11 - Quality assurance officer: qualification and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 environmental laboratory shall appoint a quality assurance officer (however
					 named) who shall exercise oversight of the laboratory's quality system. The
					 individual so appointed shall have documented training, and/or experience in
					 quality assurance and quality control procedures: be knowledgeable in the
					 required quality system; and possess a general knowledge of analytical methods
					 for which he or she performs data review.
(b) The quality assurance officer (and/or his
					 or her designees) shall:
(1) serve as the
					 focal point for the environmental laboratory's quality assurance and quality
					 control, and be responsible for monitoring and/or review of quality control
					 data;
(2) evaluate data objectively
					 and perform independent assessments without outside (e.g., managerial)
					 influence;
(3) arrange for or
					 conduct annual internal audits of the laboratory's entire technical operation;
					 and
(4) notify laboratory
					 management of any deficiencies in the quality system and monitor required
					 corrective actions.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.14 - Additional requirements for laboratories engaged in testing for critical agents in environmental samples using autonomous detection systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
					 this Subpart:
(1) autonomous detection system
					 shall mean a fixed or portable self-contained analytical system that:
					 automatically, continuously or periodically samples the environment; analyzes
					 sample(s); and triggers an alert that a critical agent, as defined in section
					 55-2.13 
					 of this Subpart, has been detected. For purposes of this Subpart, signal and
					 alert shall have the same meaning, i.e., a visual and/or audio alert triggered
					 whenever an organism, its product or component, or a chemical, any of which
					 exhibits characteristics or properties consistent with those of a critical
					 agent has been detected by the detection system;
(2) deploy and operate shall mean to engage
					 the system in real time collection and analysis of environmental samples for
					 purposes of detecting incidental release of a critical agent as defined in
					 section
					 55-2.13 
					 of this Subpart;
(3) autonomous
					 detection system shall not mean a device for environmental sampling and/or
					 analysis of environmental samples deployed for a purpose other than detecting
					 incidental release of a critical agent as defined in section 55- 2.13 of this
					 Subpart. Accordingly, the provisions of this Subpart shall not be applicable
					 to:
(i) carbon monoxide detectors;
(ii) radon detectors;
(iii) hand-held detectors, personal
					 dosimeters or Geiger counters designed and intended for use by individuals, or,
					 when used in an academic setting, for instruction or research;
(iv) detectors deployed within hospitals or
					 other health care facilities;
(v)
					 detectors deployed by utility companies or in an industrial setting for the
					 purpose of monitoring internal air quality or detecting leakage of hazardous
					 materials;
(vi) detectors deployed
					 by certified industrial hygienists, labor unions and other individuals or
					 entities responsible for or engaging in testing or monitoring of workplace or
					 environmental safety, including such testing or monitoring in the aftermath of
					 a possible accident or bioterrorism incident involving critical agent(s);
					 and
(vii) an environmental sampling
					 and/or testing device deployed for a purpose other than detecting the
					 incidental release of a critical agent, and determined by the Commissioner of
					 Health to not require department oversight pursuant to Public Health Law,
					 section
					 502.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-2 - APPROVAL OF LABORATORIES PERFORMING ENVIRONMENTAL ANALYSIS › Section 55-2.15 - Requirements for laboratories performing testing for medical marihuana

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
					 this Subpart, the following terms shall have the following meanings:
(1)
Medical marihuana
shall
					 mean marihuana as defined in subdivision 21 of section 3302  of the Public Health Law, intended for
					 a certified medical use, as determined by the commissioner in his or her sole
					 discretion.
(2)
Medical
					 marihuana product
shall mean any material produced from medical
					 marihuana prior to its final packaging,
e.g.,
extracts.
(3)
Final medical
					 marihuana product
shall mean the final medical marihuana product as
					 dispensed to the patient. Any form of medical marihuana not approved by the
					 commissioner is expressly prohibited.
(4)
Registered organization
shall mean a for-profit business entity or not-for-profit corporation organized
					 for the purpose of acquiring, processing manufacturing, selling, delivering,
					 transporting, distributing or dispensing medical marihuana in accordance with
					 the requirements of title 5-A of article 33 of the Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-3 - Environmental Laboratory Approval Fee › Section 55-3.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Adjusted volume
					 shall mean the number of tests performed annually on New York State samples for
					 each analyte determined and for which approval is requested, multiplied by the
					 difficulty factor listed in section
					 55-3.9 
					 of this Subpart.
(b) Analytes shall
					 mean the total number of analytes per category for which an environmental
					 laboratory is approved.
(c)
					 Approval fee shall mean the annual fee charged to an environmental laboratory
					 calculated pursuant to section
					 55-3.7 
					 of this Subpart.
(d) Approval year
					 shall mean the State fiscal year (April 1st to March 31st).
(e) For purposes of this program:
(1) Environmental testing is defined as
					 laboratory examination of samples of drinking water, wastewater, recreational
					 waters, natural surface water, swimming pools, air, solid waste, hazardous
					 waste, soil or sediment or other matrices to determine the biological,
					 chemical, physical, or radiological qualities, for the purpose of public or
					 personal health protection or protection of the environment and natural
					 resources.
(2) Not included in the
					 definition of testing for purposes of fee computation are quality control
					 testing, proficiency testing, process control testing, testing on samples taken
					 outside New York State and testing for research and development of new methods.
					 Process control testing includes testing for quality control purposes during a
					 manufacturing process or testing of an affluent of waste treatment, in which
					 tests on an alalyte are performed in addition to those required to ensure
					 compliance with a relevant discharge requirement. Research and development
					 testing includes tests performed in order to develop alternate testing methods
					 for approval by the department. Process control testing and research and
					 development testing are generally characterized by:
(i) no reporting of the analytical result to
					 a client or outside the facility;
(ii) no charge assessment; and
(iii) no advertisement or promotion of the
					 analysis as a service.
(3) All other tests performed in categories,
					 subcategories or analytes for which the laboratory is approved, regardless of
					 the purpose of the testing not otherwise excluded, must be reported for fee
					 computation purposes.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-3 - Environmental Laboratory Approval Fee › Section 55-3.2 - Annual approval fee

Current through Register Vol. 46, No. 28, July 10, 2024
An environmental laboratory which is issued a certificate
						of approval pursuant to Subpart 55-2 of this Part shall pay an annual approval
						fee.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-3 - Environmental Laboratory Approval Fee › Section 55-3.3 - Annual report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On or
					 before March 1st of each year, each approved laboratory shall report the total
					 number of individual analyte tests for the previous calendar year (January
					 1st--December 31st) in each category for which approval is given on forms to be
					 provided by the department. If requested by the laboratory, this report shall
					 be deemed confidential and exempt from disclosure under the Freedom of
					 Information Law (article 6 of the Public Officers Law) pursuant to the
					 authority in section 89 (5)  of the Public Officers
					 Law. Failure to report or reporting falsely shall result in nonrenewal of the
					 certificate of approval. Governmental laboratories are exempted from reporting
					 their total adjusted volume.
(b)
					 Thirty days after approval of the State budget, the department shall bill each
					 laboratory for its approval fee and any adjustment due from the previous year
					 and shall advise each laboratory of the total number of analyte tests reported
					 by all laboratories and the total number of analytes approved for all
					 laboratories.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-3 - Environmental Laboratory Approval Fee › Section 55-3.4 - Method of payment of approval fee

Current through Register Vol. 46, No. 28, July 10, 2024
Payment for the approval fee must be made 30 days after
						billing, except that a laboratory may elect to make four equal payments with
						the first payment due 30 days after billing (the "first payment date"), the
						fourth payment due February 15th of the State fiscal year to which the billing
						relates, and the remaining two payments due on dates equidistant between the
						first and fourth payment dates. Nothing herein precludes making full payment
						before these dates.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-3 - Environmental Laboratory Approval Fee › Section 55-3.5 - Suspension or renewal of certificate of approval

Current through Register Vol. 46, No. 28, July 10, 2024
Failure to meet at least the quarterly payment
						requirement shall result in suspension or nonrenewal of the certificate of
						approval. A laboratory whose approval has been suspended or not renewed
						pursuant to this section shall be assessed a fee calculated pursuant to section
						55-3.7(b) 
						of this Subpart, if it seeks reapproval.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-3 - Environmental Laboratory Approval Fee › Section 55-3.6 - Annual cost adjustment

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to calculating fees for the next permit year, the
						department shall review and finalize the actual annual cost of the
						environmental laboratory approval program for the previous fiscal year and
						compare that cost to the fees collected or anticipated to be collected for that
						previous fiscal year. Any difference will be reflected in an adjustment to the
						next annual billing.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-3 - Environmental Laboratory Approval Fee › Section 55-3.7 - Approval fee computation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as otherwise provided in this section, the approval fee assessed to each
					 environmental laboratory shall be computed as follows:
(1) the total projected budget of the
					 environmental laboratory approval program for the upcoming State fiscal year
					 (April 1st to March 31st) shall be computed (hereafter "the budget");
(2) the total number of laboratories shall be
					 multiplied by $500 and the product deducted from the budget, resulting in the
					 balance of the program cost;
(3)
					 one-half of the balance of the program cost shall be divided by the sum of the
					 total adjusted volume of all laboratories, excluding governmental laboratories.
					 The resulting number shall be the volume fee constant; and
(4) one-half of the balance of the program
					 cost shall be divided by the sum of the analytes for all laboratories, based on
					 the highest number of analytes for which each laboratory held approval during
					 the previous approval year. The resulting number shall be the analyte fee
					 constant;
(5) the approval fee for
					 each laboratory shall be calculated by adding:
(i) $500; and
(ii) the volume fee constant multiplied by
					 the sum of the adjusted volume for the applicant laboratory; and
(iii) the analyte fee constant multiplied by
					 the sum of the analytes for that laboratory;
(6) governmental laboratories are exempted
					 from paying that portion of the fee based on adjusted volume.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 55 - APPROVAL OF LABORATORIES › Subpart 55-3 - Environmental Laboratory Approval Fee › Section 55-3.8 - Inspection fee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to
					 any on-site inspection, an out-of-state laboratory possessing or seeking a
					 certificate of approval shall pay an inspection fee in addition to its approval
					 fee. The purpose of the inspection fee is to offset the additional travel costs
					 incurred by the department in sending inspectors out-of-state. Such fees will
					 be credited to the environmental laboratory approval fee account. The
					 inspection fee shall consist of the following components:
(1) a transportation expense, which shall be
					 either the actual expense if travel is by common carrier, or a mileage expense
					 at the rate negotiated between the State and the union representing the
					 employees scheduled to conduct the inspection; and
(2) a per diem expense as specified by the
					 New York State Comptroller for the inspecting employees, multiplied by the
					 number of days estimated by the department to be necessary for travel and the
					 actual inspection.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 57 - Conditions Under Which A Dog Actively Immunized Against Rabies May Be At Large In Designated Areas Certified For Rabies › Section 57.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Three-year
				  vaccine is a rabies vaccine for dogs which the Federal government has accepted
				  as providing three-year duration of immunity.
(b) Active immunization, to permit a dog to
				  be at large,[FN*] shall mean the injection of a three-year vaccine which meets
				  the standards prescribed by the United States Department of Agriculture for
				  interstate sale[FN**] and has been administered by a duly licensed veterinarian
				  not later than the expiration date on the package. Vaccines shall be
				  administered following the directions of the manufacturer as approved by the
				  Federal government.
(c) Certified
				  area means an area certified by the State Commissioner of Health in accordance
				  with section 2140 of article 21 of the Public Health Law as one in which, or in
				  the vicinity of which, rabies exists.
(d) Designated area means an area which the
				  State Commissioner of Health has designated as one in which dogs which have
				  been actively immunized against rabies in accordance with the provisions in the
				  rules may be permitted to be at large.
[FN*] In accordance with section 2140, article 21  of the
					 Public Health Law "at large" means "elsewhere than on the premises of the
					 owner, except it be on the premises of another person with the knowledge and
					 assent of such other person". An opinion from the Attorney General states that
					 a dog on leash is not "at large" within the meaning of this statute (1943, Op.
					 Atty. Gen. 290).
[FN**] Such products have the legend, "U.S. Veterinary
					 License No.-- " printed on all containers.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 57 - Conditions Under Which A Dog Actively Immunized Against Rabies May Be At Large In Designated Areas Certified For Rabies › Section 57.2 - Privilege of vaccinated dogs to run at large in a designated area

Current through Register Vol. 46, No. 28, July 10, 2024
The privilege of vaccinated dogs to run at large in a
					 designated area shall not apply:
(a)
				  to any dog until 21 days after rabies vaccination;
(b) to any dog after three years from its
				  last vaccination against rabies with a three-year vaccine;
(c) to any dog which has been bitten by or
				  has been in intimate contact with a rabid animal from the date of such bite or
				  exposure until four months later, except that dogs vaccinated with a three-year
				  vaccine within an interval of three weeks to three years prior to exposure
				  shall be permitted to remain at large, providing a booster injection of a
				  three-year vaccine is given within five days of exposure;[FN***]
(d) to any dog which has bitten a person
				  until 10 days after such bite.***
[FN***] See Chapter I of this Title §
											2.14.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 57 - Conditions Under Which A Dog Actively Immunized Against Rabies May Be At Large In Designated Areas Certified For Rabies › Section 57.3 - Additional conditions to be complied with

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The veterinarian administering the
				  vaccine shall give to the owner [FN****] of the dog a signed statement which
				  shall give the name and address of owner, and date or dates of vaccination
				  together with the type of vaccine injected, the amount and manner of injection,
				  name of manufacturer, lot number, and expiration date of the vaccine.
(b) The owner shall keep this statement
				  readily available for inspection by official agents concerned with the control
				  of rabies.
(c) The veterinarian
				  administering the vaccine shall attach an indestructible tag securely to the
				  collar of the dog indicating that the dog has been vaccinated against rabies,
				  with the date of last vaccination marked on the tag, which shall be worn by the
				  dog at all times, and which shall be of a size plainly visible at a reasonable
				  distance for purposes of inspection by officials concerned, and readily
				  distinguishable from the dog license tag.
[FN****] Section 107  of the Agriculture and Markets Law
					 States: "The word 'owner' includes a person harboring or keeping a
					 dog."
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 57 - Conditions Under Which A Dog Actively Immunized Against Rabies May Be At Large In Designated Areas Certified For Rabies › Section 57.4 - Requirements for designated area

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  An area may be designated after at least 70 percent of the enumerated dogs have
				  been vaccinated as defined in section
				  57.1(b) 
				  of this Part.
(b) An area may be
				  designated upon receipt of a resolution from the board of supervisors of the
				  county, requesting the State Commissioner of Health to permit all dogs
				  vaccinated against rabies to run at large, whereupon the commissioner may grant
				  such privilege subject to the limitations of section
				  57.2 
				  of this Part and subject to the following conditions:
(1) that the board of supervisors shall have
				  provided funds and made the necessary arrangements for giving dog owners the
				  opportunity of having their dogs vaccinated;
(2) that every effort shall be made to permit
				  only vaccinated dogs to run at large;
(3) that, if within four months of the date
				  of granting this request, 70 percent or more of the enumerated dog population
				  have not been vaccinated, the commissioner may revoke this privilege.
Designation may be revoked at any time for failure to
					 enforce the provisions of the Public Health Law or Chapter I of this
					 Title.