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 2 - Requirements For The Production, Processing, Manufacturing And Distribution Of Milk And Milk Products › Section 2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions of this Part shall apply to dairy farms, dairy farmers
											  and raw milk producers, and shall apply to milk plants and persons who operate milk plants, that do not have
											  a sanitation compliance rating of 90 or better, as set forth in the latest sanitation compliance and
											  enforcement ratings of interstate milk shippers list. The provisions of this Part shall also apply to milk
											  plants and persons who operate milk plants that manufacture frozen desserts and/or melloream.
(b)
(1) The sanitation provisions of this
											  Part shall not apply to dairy farms or dairy farmers, or to milk plants and persons who operate milk plants,
											  that have a sanitation compliance rating of 90 or better, as set forth in the latest Sanitation Compliance
											  and Enforcement Ratings of interstate milk shippers list (IMS List), except as set forth in paragraph (2) of
											  this subdivision. Dairy farms and dairy farmers, and milk plants and persons who operate milk plants, that
											  have such a sanitation compliance rating shall comply with the sanitation requirements set forth in the Grade
											  A Pasteurized Milk Ordinance, 2019 edition, published by the United States Department of Health and Human
											  Services, Washington, DC (PMO), except to the extent that any provision of the PMO is in conflict with a
											  provision of State and/or Federal law and except as provided in paragraph (2) of this subdivision. A copy of
											  the PMO is available for public inspection at the Division of Milk Control and Dairy Services, Department of
											  Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington
											  Avenue, Albany, New York 12231. An electronic copy of the PMO is also publicly available, free of charge, on
											  the website maintained by the New York State Department of Agriculture and Markets at the link
https://www.agriculture.ny.gov/2019-pasteurized-milk-ordinance
and on the website maintained by the United States Food and Drug Administration at the link
https://www.fda.gov/media/140394/download
.
(2)
(i) The provisions of sections
											  2.3;
											  2.4;
											  2.5(a);
											  2.6(b);
											  2.7(b),
											  (d)(1), (d)(2) and (d)(3);
											  2.27(e);
											  2.34(i);
											  2.38(g);
											  2.48(a)(4);
											  2.64, and
											  2.65   of this Part shall apply to dairy farms
											  and dairy farmers, and to milk plants and persons who operate milk plants, that have a sanitation compliance
											  rating of 90 or better, as set forth in the latest IMS List, and such provisions shall supersede any
											  requirements set forth in the PMO that are to the contrary or are not otherwise identical.