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 2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions shall apply to the terms used in
					 this Part, except as set forth in section
					 2.29  of this
					 Part.
(a) Aseptically processed, when
				  modifying the term milk, lowfat milk, skim milk, milk products, goat milk, goat
				  milk products, sheep milk, sheep milk products, melloream or frozen desserts,
				  means that the food has been subjected to sufficient processing to maintain the
				  commercial sterility of the product under normal non-refrigerated conditions
				  and has been packaged in a hermetically sealed container, in conformance with
				  part 113 of title 21 of the Code of Federal Regulations (revised as of April 1,
				  2010; U.S. Government Printing Office, Washington, DC 20402) and with Appendix
				  L and Item 16p(c) of the Pasteurized Milk Ordinance. A copy of title 21 of the
				  Code of Federal Regulations and of the Pasteurized Milk Ordinance are available
				  for public inspection at the Division of Milk Control, Department of
				  Agriculture and Markets, 10B Airline Drive, Albany, NY 12235.
(b) Assembly of milk means the pickup,
				  transport or general physical delivery of prepasteurized milk from dairy farms
				  to a milk plant, transfer station or receiving station.
(c) Bulk milk pickup tanker means a vehicle,
				  including the truck, tank and those appurtenances necessary for its use, used
				  by a milk hauler to transport commingled or prepasteurized milk from dairy
				  farms to a transfer station, receiving station or milk plant.
(d) Bulk tank unit means a group of dairy
				  farms designated by the permit holder who assembles the milk produced by such
				  dairy farmers.
(e) Commingled milk
				  means the full load or partial load of prepasteurized milk received from two or
				  more dairy farms which has been combined in a milk tank truck or in a storage
				  tank in a milk plant, receiving station or transfer station.
(f) Commissioner means the Commissioner of
				  Agriculture and Markets of the State of New York or an employee of the
				  Department of Agriculture and Markets of the State of New York designated by
				  the commissioner.
(g) Cultured
				  product means a milk product, goat milk product or sheep milk product to which
				  a microbiological organism has been added for the purpose of developing desired
				  organileptic and/or textural qualities.
(h) Dairy farm means a place or premises
				  where prepasteurized milk or raw milk is produced from cows, goats or
				  sheep.
(i) Dairy farmer means a
				  person who operates a dairy farm and produces prepasteurized milk.
(j) Department means the Department of
				  Agriculture and Markets of the State of New York.
(k) Direct microscopic smears means the dried
				  and stained representations of prepasteurized milk affixed to slides for the
				  purpose of determining bacterial and/or somatic cell count levels.
(l) Division of Milk Control means that
				  division of the Department of Agriculture and Markets.
(m) Drug means an article intended:
(1) for use in the diagnosis, cure,
				  mitigation, treatment or prevention of disease in animals or humans;
(2) to affect the structure or function of
				  the body of an animal or human; or
(3) for use as a component of an article set
				  forth in paragraph (1) or (2) of this subdivision, but not including a device
				  or its components, parts or accessories.