reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.7 - Form and content of final notice of intent

Current through Register Vol. 46, No. 28, July 10, 2024
The final notice of intent required by section 305 (4)(c)  of the
				  Agriculture and Markets Law shall be in the following form and contain the
				  following information:
(a) A statement
				at the top of the first page with the following language:
FINAL NOTICE OF INTENT TO UNDERTAKE AN ACTION WITHIN AN
				  AGRICULTURAL DISTRICT
(b)
				The name and address of the State agency, public benefit corporation or local
				government proposing to undertake the action.
(c) The identity, by county and number, of
				the agricultural district or districts affected by the proposed
				action.
(d) The total number of
				acres in the agricultural district which will be affected by the proposed
				action.
(e) The location of the
				proposed action, including the county, town, city, village or other
				municipality involved.
(f) The
				name, address, telephone numbers and tax map numbers for the owners of all
				farms which will be affected by the proposed action.
(g) A detailed agricultural impact statement
				setting forth the following:
(1)
(i) A detailed description of the proposed
				action.
(ii) A detailed description
				of the agricultural setting including:
(a) a
				tax map, or other map which sets forth the tax map numbers of all affected
				landowners as identified in section 371.7(f)  of this Part, identifying: the
				final proposed siting of the project, which is the subject of the action; and
				the surrounding land use, including agricultural land use by type of
				production;
(b) the total number of
				farms within the agricultural district which will be affected by the proposed
				action; and
(c) the total number of
				acres of land in farms within the agricultural district which will be affected
				by the proposed action.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.9 - Exemption

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner may grant an exemption from any of the provisions of this Part
				which are not otherwise required by section 305 (4)  of the Agriculture
				and Markets Law.
(b) Standard. The
				exemption may be granted if the commissioner determines that the exemption from
				the specific provision or provisions of this Part will not significantly
				interfere with the commissioner's duty to review the proposed action and to
				make an initial determination whether such action would have an unreasonably
				adverse effect on the continuing viability of a farm enterprise or enterprises
				within an agricultural district, State environmental plans, policies and
				objectives, or State comprehensive plans, policies and objectives.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.10 - Alternatives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to
				section 305 (4)(f)  of the
				Agriculture and Markets Law, if the commissioner determines that a proposed
				action would have an unreasonably adverse effect on the continuing viability of
				a farm enterprise or enterprises within the district, State environmental
				plans, policies and objectives, or State comprehensive plans, policies and
				objectives, he or she may issue an order as authorized by that paragraph and
				review the proposed action to determine whether any reasonable and practicable
				alternative or alternatives exist which would minimize or avoid the adverse
				impact on agriculture in order to sustain a viable farm enterprise or
				enterprises within the district.
(b) If the commissioner concludes that a
				reasonable and practicable alternative or alternatives exist which would
				minimize or avoid the adverse impact of the proposed action, he or she shall
				propose to the agency, corporation or government proposing the action that such
				alternative or alternatives be accepted. If the agency, corporation or
				government accepts the commissioner's proposal, then it shall communicate its
				acceptance to the commissioner in writing and the requirements of the notice of
				intent filing shall be deemed fulfilled. If the agency, corporation or
				government rejects the commissioner's proposal, then it shall provide the
				commissioner, in writing, with reasons for rejecting such proposal and a
				detailed comparison between its proposed action and the commissioner's
				alternative or alternatives. The written communication required by this
				paragraph shall be signed by the individual or individuals authorized to act on
				behalf of the agency, corporation or government.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 371 - Notice Of Intent › Section 371.11 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to
				section 305 (4)(g)  of the
				Agriculture and Markets Law, the agency, corporation or government shall
				certify to the commissioner that it has made an explicit finding that the
				requirements of section 305 (4)  of the Agriculture
				and Markets Law have been met, and that consistent with social, economic and
				other essential considerations, to the maximum extent practicable, adverse
				agricultural impacts revealed in the notice of intent process will be minimized
				or avoided.
(b) The certification
				shall be provided by the agency, corporation or government and shall be signed
				by the individual or individuals authorized to act on behalf of the agency,
				corporation or government. It shall set forth the reasons in support of the
				finding by the agency, corporation or government (e.g., needs and benefits,
				assessment of anticipated agricultural impacts, assessment of alternatives,
				proposed mitigation measures--including adoption of construction standards
				and/or guidelines recommended by the department, and discussion of existing
				laws, programs and policies which help sustain viable farm enterprises within
				the agricultural district).
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter IX - Agricultural Districts › Part 380 - Licensing Of Farm Products Dealers › Section 380.1 - License period

Current through Register Vol. 46, No. 28, July 10, 2024
Application for a license to act as a dealer pursuant to
				  article 20 of the Agricultural and Markets Law shall be submitted to the
				  commissioner on or before April 1st in each year for the license year beginning
				  May 1st following.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 390 - Agricultural And Farmland Protection › Section 390.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes the requirements for county and
				  municipal agricultural and farmland protection plans, the procedures for
				  development and approval of such plans and the application process for planning
				  grants to assist counties and municipalities in the development of such
				  plans.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 390 - Agricultural And Farmland Protection › Section 390.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
				  mean:
(a) Agricultural and farmland
				protection means the preservation, conservation, management or improvement of
				lands which are part of viable farms, for the purpose of encouraging such lands
				to remain in agricultural production.
(b) Agricultural district means a district
				established pursuant to section 303 or
				304  of the Agriculture and Markets
				Law.
(c) Commissioner means the
				Commissioner of Agriculture and Markets of the State of New York.
(d) County agricultural and farmland
				protection board means a board established pursuant to section 302  of the Agriculture and Markets
				Law.
(e) Department means the New
				York State Department of Agriculture and Markets.
(f) Plan means the county or municipal
				agricultural and farmland protection plan, prepared by a county agricultural
				and farmland protection board or a municipality, as provided for in article
				25-AAA of the Agriculture and Markets Law.
(g) In-kind services means compensated labor,
				materials or equipment provided by the applicant or the county, its employees
				or representatives in connection with the development of a county agricultural
				and farmland protection plan.
(h)
				Municipality means a city, town or village.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 390 - Agricultural And Farmland Protection › Section 390.3 - County agricultural and farmland protection plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Plans. County agricultural and farmland
				protection boards may develop agricultural and farmland protection plans, in
				cooperation and consultation with the county's soil and water conservation
				district and the U.S.D.A., Natural Resources Conservation Service. The boards
				may cooperate and consult with other interested parties, such as
				municipalities, cooperative extension services, planning organizations, private
				land trusts, farm organizations, and civic and citizen organizations, in
				developing plans. The plans shall include at least the following elements:
(1) a statement of the county's goal(s) with
				respect to agricultural and farmland protection (e.g., to stabilize or enhance
				the agricultural economy of the county; preserve open space; abate land
				conversion pressure; maintain community goals with respect to development and
				growth; and protect natural resources such as air quality, watersheds, aquifers
				or wildlife habitats);
(2) an
				identification of the general location of any lands or areas that are proposed
				to be protected (e.g., the whole county, all agricultural district lands within
				the county, farms or farmlands in particular sections of the county). Specific
				tracts of land or farms need not be identified. Maps are not mandatory but may
				be used at the discretion of the board to illustrate strategies or to explain
				the plan more completely;
(3) an
				analysis of the lands or areas to be protected, such as their value to the
				agricultural economy of the county, their open space value, the level of
				conversion pressure being experienced, and the consequences of possible
				conversion;
(4) a description of
				the strategies intended to be used by the county to promote the maintenance of
				lands in active agricultural use and to implement the plan, including how the
				program will be financed; and
(5) a
				description or identification of other county and municipal planning and land
				use programs, if any, such as economic development, zoning and comprehensive
				land use planning, which may be shown to complement and be consistent with, the
				county agricultural protection plan, as well as identification of any county
				and municipal plans, policies or objectives which are inconsistent with or
				conflict with the plan.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 390 - Agricultural And Farmland Protection › Section 390.4 - Municipal agricultural and farmland protection plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Plans. Municipalities may develop
				agricultural and farmland protection plans, in cooperation with cooperative
				extension and other organizations, including local farmers. These plans shall
				include at least the following elements:
(1) a
				statement of the municipality's goal(s) with respect to agricultural and
				farmland protection (e.g., to stabilize or enhance the agricultural economy of
				the municipality; preserve open space; abate land conversion pressure; maintain
				community goals with respect to development and growth; and protect natural
				resources such as air quality, watersheds, aquifers, or wildlife);
(2) an identification of the general location
				of any lands or other designation of areas that are proposed to be protected
				(e.g., the whole municipality, all agricultural district lands within the
				municipality, farms or farmlands in particular section of the municipality).
				Specific tracts of land or farms need not be identified. Maps are not mandatory
				but may be used at the discretion of the municipality to illustrate strategies
				or to explain the plan more completely;
(3) an analysis of the lands or areas to be
				protected, such as their value to the agricultural economy of the municipality,
				their open space value, the level of conversion pressure being experienced, and
				the consequences of possible conversion;
(4) a description of activities, programs and
				strategies intended to be used by the municipality to promote continued
				agricultural use, including how they are to be financed, and which may include
				but not be limited to revisions to the municipality's comprehensive plan
				pursuant to section 272-a subdivision 2(a) of the Town Law and land use
				regulations as defined in section 272-a subdivision 2(b) of the Town Law as
				appropriate; and
(5) a description
				or identification of other municipal and county planning and land use programs,
				if any, such as economic development, zoning and comprehensive land use
				planning, which may be shown to complement and be consistent with, the
				municipal agricultural and farmland protection plan, as well as identification
				of any municipal and county plans, policies or objectives which are
				inconsistent with or conflict with the plan.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 391 - New York State Food And Agriculture Industry Development Program › Section 391.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part:
(a) Commissioner means the Commissioner of
				Agriculture and Markets of the State of New York.
(b) Department means the New York State
				Department of Agriculture and Markets.
(c) Farm operation means the land and on-farm
				buildings, equipment, and practices which contribute to the production,
				preparation and marketing of crops, livestock and livestock products as a
				commercial enterprise.
(d) Farm
				woodland products means products, including but not limited to logs, lumber,
				posts and firewood, produced from trees located on a farm operation.
(e) Long-term means three to five years after
				project completion.
(f) Low risk
				means where the potential for success is reasonable.
(g) Near term means within one year of
				project completion.
(h) Program
				means the Food and Agriculture Industry Development Program.
(i) State means the State of New
				York.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 391 - New York State Food And Agriculture Industry Development Program › Section 391.2 - Project eligibility and selection process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Projects eligible for the program are
				those that involve new product development; alternative production processing,
				distribution and marketing technologies; introduction of high technologies; or
				organizational methods that further development of the food and agriculture
				industry in the State. Projects involving farm woodland or fresh water aquatic
				products produced in either natural or man-made water bodies or in natural or
				man-made controlled structures shall also be eligible.
(b) Priority shall be given to projects that
				include public-private partnership investments, and with a strong potential for
				near term commercial application and long-term economic value to the State and
				localities.
(c) The selection
				criteria may also include the following:
(1)
				degree to which the proposed project identifies and addresses a significant
				industry need or opportunity;
(2)
				degree to which the proposal offers an innovative approach to the research,
				development, production, processing and distribution of food and agriculture
				products;
(3) extent to which the
				proposal is low-risk in its approach;
(4) reasonableness and feasibility of the
				proposal;
(5) qualifications of key
				personnel to conduct work to be performed;
(6) reasonableness of the cost relative to
				the work to be performed; and
(7)
				to the extent practical, geographic distribution.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 391 - New York State Food And Agriculture Industry Development Program › Section 391.3 - Eligible applicants

Current through Register Vol. 46, No. 28, July 10, 2024
Public and private agencies and organizations, business and
				  industry, educational institutions, local governments and individuals shall be
				  eligible to submit proposals for funding. Groups of eligible applicants acting
				  jointly should submit one application with one applicant assuming lead sponsor
				  status.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 391 - New York State Food And Agriculture Industry Development Program › Section 391.4 - Content of project proposal

Current through Register Vol. 46, No. 28, July 10, 2024
The proposal must include the following information, as
				  further detailed in the request for proposals issued by the
				  commissioner:
(a) name and address of
				the applicant;
(b) type of project
				proposed;
(c) estimated project
				duration, total cost of project, grant funds requested and total applicant
				match;
(d) project details
				including sufficient information to evaluate the project against the selection
				criteria; and
(e) such other
				information as the commissioner deems appropriate.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 391 - New York State Food And Agriculture Industry Development Program › Section 391.5 - Eligible costs

Current through Register Vol. 46, No. 28, July 10, 2024
Grant funds awarded under this program may be used only for
				  the following:
(a) salaries and
				wages;
(b) fringe
				benefits;
(c) contractual
				services;
(d) travel (at State
				government rates);
(e) advertising
				and promotion;
(f) supplies and
				materials;
(g)
				communication;
(h) leased
				equipment; and
(i) such other
				expenses as the commissioner deems necessary.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 391 - New York State Food And Agriculture Industry Development Program › Section 391.6 - Applicant match

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Grant recipients must match awards made under this program with at least equal
				amounts of cash, in-kind services, or other resources including indirect and
				overhead costs. The match may be provided by the applicant or other supporters
				of the project.
(b) The cost of
				previous work leading to the proposed project and State funds may not be
				considered as an applicant's match.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 391 - New York State Food And Agriculture Industry Development Program › Section 391.7 - Project implementation

Current through Register Vol. 46, No. 28, July 10, 2024
A contract defining all terms, conditions and
				  responsibilities of the successful applicant shall be developed by the
				  department subsequent to the awarding of funds. The contract may incorporate
				  the applicant's proposal, including a budget approved by the department, among
				  its provisions. The department will monitor contract
				  performance.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 391 - New York State Food And Agriculture Industry Development Program › Section 391.8 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The department will determine the extent of reporting
				  requirements based on the duration, nature and cost of the project. Follow-up
				  surveys of funded projects may be conducted by the department to determine
				  long-term impacts of the projects.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 391 - New York State Food And Agriculture Industry Development Program › Section 391.9 - Technology transfer

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may share, as appropriate, technological
				  innovations developed as a result of this program with the food and agriculture
				  industry in the State. With respect to the licensing of patents which may arise
				  from the work completed under this program, the commissioner shall encourage
				  project sponsors to grant licenses to firms whose activities will give priority
				  to the development of the technology in such a way as to benefit the State's
				  food and agriculture industry.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 400 - Limits On Administrative Expenses And Executive Compensation › Section 400.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Administrative expenses are those
				expenses authorized and allowable pursuant to applicable agency regulations,
				contracts or other rules that govern reimbursement with State funds or
				State-authorized payments that are incurred in connection with the covered
				provider's overall management and necessary overhead that cannot be attributed
				directly to the provision of program services.
(1) Such expenses include but are not limited
				to the following expenses, if otherwise authorized and allowable pursuant to
				applicable agency regulations, contracts or other rules that govern
				reimbursement with State funds or State-authorized payments:
(i) that portion of the salaries and benefits
				of staff performing administrative and coordination functions that cannot be
				attributed to particular program services, including but not limited to the
				executive director or chief executive officer, financial officers such as the
				chief financial officer or comptroller and accounting personnel, billing,
				claiming or accounts payable and receivable personnel, human resources
				personnel, public relations personnel, administrative office support personnel,
				and information technology personnel, where such expenses cannot be attributed
				directly to the provision of program services;
(ii) that portion of legal expenses that
				cannot be attributed directly to the provision of program services;
				and
(iii) that portion of expenses
				for office operations that cannot be attributed directly to the provision of
				program services, including telephones, computer systems and networks,
				professional and organizational dues, licenses, permits, subscriptions,
				publications, audit services, postage, office supplies, conference expenses,
				publicity and annual reports, insurance premiums, interest charges and
				equipment that is expensed (rather than depreciated) in cost reports, where
				such expenses cannot be attributed directly to the provision of program
				services.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 400 - Limits On Administrative Expenses And Executive Compensation › Section 400.3 - Limits on executive compensation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Limits on
				executive compensation. Except if a covered provider has obtained a waiver
				pursuant to section
				400.4  of this Part, a
				covered provider as defined in this regulation shall not use State funds or
				State-authorized payments for executive compensation given directly or
				indirectly to a covered executive in an amount greater than $199,000 per annum,
				provided, however, that the department shall review this figure annually to
				determine whether adjustment is necessary based on appropriate factors and
				subject to the approval of the Director of the Division of the Budget.
				Commencing on July 1, 2013, the limits on executive compensation pursuant to
				this Part shall be effective and applicable to each covered provider on the
				first day of each covered provider's respective covered reporting
				period.
(b) Except if a covered
				provider has obtained a waiver pursuant to section
				400.4  of this Part, where
				a covered provider's executive compensation given to a covered executive is
				greater than $199,000 per annum (including not only State funds and
				State-authorized payments but also any other sources of funding), and either:
(1) greater than the 75th percentile of that
				compensation provided to comparable executives in other providers of the same
				size and within the same program service sector and the same or comparable
				geographic area as established by a compensation survey identified, provided,
				or recognized by the department and the Director of the Division of the Budget,
				or
(2) was not reviewed and
				approved by the covered provider's board of directors or equivalent governing
				body (if such a board or body exists) including at least two independent
				directors or voting members (or, where a duly authorized compensation committee
				including at least two independent directors or voting members conducted such
				review on behalf of the full board, such actions were not reviewed and ratified
				by such board), or such review did not include an assessment of appropriate
				comparability data.
then such covered provider shall be subject to the penalties
				  set forth in section
				  400.6  of this Part. To
				  determine whether a covered provider may be subject to penalties, such provider
				  shall provide, upon request by the department or its designee, contemporaneous
				  documentation in a form and level of detail sufficient to allow such
				  determination to be made.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter X - Grant Programs › Part 400 - Limits On Administrative Expenses And Executive Compensation › Section 400.5 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting
				by covered providers. Beginning after the effective date of this regulation,
				covered providers shall submit a completed EO No. 38 disclosure form for each
				covered reporting period. Such form shall be submitted no later than 180
				calendar days following the covered reporting period, unless otherwise
				authorized. Such form shall be submitted in the manner and form specified by
				the department or its designee. Covered providers shall further provide the
				information requested in that form, and any other information requested, upon
				the request of the department or its designee at any time during the term of or
				prior to the execution of any contract or agreement with such
				provider.
(b) Covered providers
				receiving State funds or State-authorized payments from county or local
				government or an entity contracting on its behalf must report directly to the
				department as required by this section. The county or local government shall
				advise such covered providers of their obligation to report directly to the
				department under this section, but shall not be responsible for receiving or
				forwarding such reports to the department.
(c) Failure to report. A covered provider's
				failure to submit a completed EO No. 38 disclosure form, or to provide
				additional or clarifying information at the request of the department or its
				designee, may result in the termination or non-renewal of a contract or
				agreement for State funds or State-authorized payments.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Appendices › Appendix 5

Current through Register Vol. 46, No. 28, July 10, 2024
STANDARDS FOR WATER SOURCES
(cf. Part 3)
WATER RECLAIMED FROM THE CONDENSING OF MILK, MILK PRODUCTS, AND
				WHEY
Condensing water from milk and whey evaporators and water
				reclaimed from milk, milk products or whey shall comply with the following
				requirements:
1. Water shall comply
			 with the bacteriological standards of Appendix G, p. 139, of the Grade A
			 Pasteurized Milk Ordinance--1978 Recommenda-tions of the United States Public
			 Health Service/Food and Drug Administration, and in addition shall not exceed a
			 total plate count of 500 per milliliter.
2. Samples shall be collected daily for two
			 weeks following initial approval of the installation and semi-annually
			 thereafter:Provided, That daily tests shall be conducted for 1 week following
			 any repairs or alteration to the system.
3. The organic content shall be less than 12
			 milligrams per liter as measured by the Chemical Oxygen Demand or permanganate
			 consumed test; or a standard turbidity of less than 5 units.
4. Automatic failsafe monitoring devices
			 shall be used to monitor and automatically divert to the sewer any water which
			 exceeds the standard.
5. The
			 chemical quality shall be satisfactory and the chloroform extractables shall be
			 less than 200 ppb.
6. The water
			 shall be of satisfactory organoleptic quality and shall have no off-flavors,
			 odors or slime formations.
7. The
			 water shall be sampled and tested organoleptically at weekly
			 intervals.
8. Approved chemicals
			 such as chlorine with a suitable detention period may be used to suppress the
			 development of bacterial growth and prevent the development of tastes and
			 odors.
9. The addition of approved
			 chemicals shall be by an automatic proportioning device prior to the water
			 entering the storage tank to assure satisfactory quality water in the storage
			 tank at all times.
10. When
			 approved chemicals are added, a daily testing program for such added chemicals
			 shall be in effect and shall not add substances that will prove deleterious to
			 the use of the water or contribute to product contamination.
11. The storage vessel shall be properly
			 constructed of such material that it will not contaminate the water and can be
			 satisfactorily cleaned.
12. The
			 distribution system within a plant for such reclaimed water shall be a separate
			 system with no cross connections to a municipal or private water
			 system.
13. All physical, chemical,
			 and microbiological tests shall be conducted in accordance with the latest
			 edition of Standard Methods for the Examination of Water and
			 Wastewater.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Appendices › Appendix 8

Current through Register Vol. 46, No. 28, July 10, 2024
CULINARY STEAM--MILK, MILK PRODUCTS AND WHEY
(cf. Part 3)
The following methods and procedures will provide steam of
				culinary quality for use in the processing of milk, milk products and
				whey.
SOURCE OF BOILER FEED WATER
Potable water or water supplies acceptable to the regulatory
				agency shall be used.
FEED WATER TREATMENT
Feed waters may be treated, if necessary, for proper boiler
				care and operation. Boiler feed water treatment and control shall be under the
				supervision of trained personnel or a firm specializing in industrial water
				conditioning. Such personnel shall be informed that the steam is to be used for
				culinary purposes. Pretreatment of feed waters for boilers or steam generating
				systems to reduce water hardness, before entering the boiler or steam generator
				by ion exchange or other acceptable procedures, is preferable to addition of
				conditioning compounds to boiler waters. Only compounds complying with Section 173.310 of Title 21 of the Code of Federal Regulations may be used to prevent
				corrosion and scale in boilers or to facilitate sludge removal.
Greater amounts shall not be used of the boiler water treatment
				compounds than the minimum necessary for controlling boiler scale or other
				boiler water treatment purposes. No greater amount of steam shall be used for
				the treatment and/or pasteurization of milk, milk products and whey than
				necessary.
It should be noted that tannin, which is also frequently added
				to boiler water to facilitate sludge removal during boiler blow-down has been
				reported to give rise to odor problems, and should be used with caution.
Boiler compounds containing cyclohexylamine, morpholine,
				octadecylamine, diethylaminoethanol, trisodium nitrilotriacetate, and hydrazine
				shall not be permitted for use in steam in contact with milk, milk products and
				whey.
BOILER OPERATION
A supply of clean, dry saturated steam is necessary for proper
				equipment operation; boilers and steam generation equipment shall be operated
				in such a manner as to prevent foaming, priming, carryover and excessive
				entrainment of boiler water into the steam. Carryover of boiler water additives
				can result in the production of off-flavors. Manufacturers' instructions
				regarding recommended water level and blow-down should be consulted and
				rigorously followed. The blow-down of the boiler should be carefully watched,
				so that an over-concentration of the boiler water solids and foaming is
				avoided. It is recommended that periodic analyses be made of condensate
				samples. Such samples should be taken from the line between the final steam
				separating equipment and the point of the introduction of steam into the
				product.
PIPING ASSEMBLIES
Suggested piping assemblies for steam infusion or injection are
				shown on Figure 5.
Other assemblies which will assure a clean dry saturated steam
				are acceptable.
Image
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 1 - General Provisions › Section 1.1 - Audit of payments and refunds by the comptroller

Current through Register Vol. 46, No. 28, July 10, 2024
Section 111  of the State Finance Law provides that
				  no moneys of the State and no moneys in possession or control of any officer or
				  agency of the State in his or its representative capacity shall be paid or
				  refunded except upon audit by the Comptroller. See also section 1 of article V
				  of the State Constitution. The audit required by the Constitution and by
				  statute is an audit prior to payment, and no payment should be made except in
				  conformance to the rules of audit established by the State
				  Comptroller.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 1 - General Provisions › Section 1.2 - Audit of revenues and receipts by comptroller

Current through Register Vol. 46, No. 28, July 10, 2024
The Comptroller is required by the Constitution and by
				  section 8  of the State Finance Law to "audit the
				  accrual and collection of all revenues and receipts" of any agency, from
				  whatsoever source derived, in which the State has an interest direct or
				  indirect.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 1 - General Provisions › Section 1.3 - Forms and systems of accounts

Current through Register Vol. 46, No. 28, July 10, 2024
"The comptroller shall prepare and prescribe a system of
				  accounting and a form of accounts to be installed and observed in every state
				  department and in every state institution, which shall be accepted and followed
				  by them respectively, after thirty days' notice thereof." (State Finance Law,
				  §112.) Purchase orders, vouchers, travel orders and other accounting
				  forms, or procedures, now employed by any State agency must not be changed
				  except with the approval of the Comptroller.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 1 - General Provisions › Section 1.4 - Certification of accounts and vouchers

Current through Register Vol. 46, No. 28, July 10, 2024
Payrolls, vouchers and other accounts submitted to the
				  Comptroller for audit must be approved by the head of the appropriate
				  department, or other person authorized by him by written direction filed with
				  the Comptroller. (State Finance Law, §110.)
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 1 - General Provisions › Section 1.5 - Expenditure of state moneys other than moneys appropriated

Current through Register Vol. 46, No. 28, July 10, 2024
No expenditure can be made from moneys received by or in
				  behalf of the State and which are not appropriated by the Legislature until a
				  schedule of positions and the salaries thereof, or rate of compensation where
				  the position is not salaried, and of the amounts to be available for expense of
				  other maintenance and operation, shall have been submitted by the agency
				  affected to the director of the budget and his certificate of approval filed
				  with the chairman of the Senate Finance Committee, the chairman of the Assembly
				  Ways and Means Committee and the State Comptroller. However, this rule shall
				  not apply to amounts expended by the Banking Department or the Insurance
				  Department in the liquidation or rehabilitation of moneyed corporations or
				  private bankers. (State Finance Law, §53.)
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 1 - General Provisions › Section 1.6 - Duplicate checks

Current through Register Vol. 46, No. 28, July 10, 2024
Duplicate checks in lieu of issued checks lost or destroyed
				  may be executed to persons entitled to payment thereof upon such proofs and
				  conditions as the Commissioner of Taxation and Finance and the Comptroller may,
				  in their discretion, require to indemnify the State against loss. (State
				  Finance Law, §101.)
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 1 - General Provisions › Section 1.7 - State papers and securities

Current through Register Vol. 46, No. 28, July 10, 2024
All original papers relating to the duties of the
				  Comptroller, and all deeds to the State, abstracts of title, and State
				  contracts, unless otherwise specially directed, must be deposited in the office
				  of the Comptroller. All leases, bonds, mortgages, certificates of stock and
				  other securities belonging to the State also must be deposited in the office of
				  the Comptroller, but the Commissioner of Taxation and Finance, jointly with the
				  Comptroller, shall have custody thereof. (State Finance Law, §103.) Under
				  this section all State contracts must be filed with the Comptroller, including
				  agreements providing for payments to the state as well as those providing for
				  payments by the State.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 1 - General Provisions › Section 1.8 - Interest of certain persons in purchases prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No manager, trustee or other officer of any State charitable
				  or other institution, receiving moneys from the State treasury for the
				  maintenance or support in whole or in part of such institution, shall be
				  interested in any purchase or sale by any of such officers. (State Finance Law,
				  §109.)
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 1 - General Provisions › Section 1.9 - Fraudulent bills or claims

Current through Register Vol. 46, No. 28, July 10, 2024
"A person who, knowingly, with intent to defraud, presents,
				  for audit, or allowance, or for payment, to any officer or board of officers of
				  the State, or of any county, town, city, village or fire district, authorized
				  to audit, or allow, or to pay bills, claims or charges, any false or fraudulent
				  verified, signed or certified claim, bill, account, writing or voucher, or any
				  verified, signed or certified bill, account or demand, containing false or
				  fraudulent charges, items or claims, is guilty of a felony." (Penal Law, §
				  1872.)
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 3 - Personal Service › Section 3.1 - Personal service paid from federal moneys

Current through Register Vol. 46, No. 28, July 10, 2024
Expenditures for additional personal service, payable from
				  Federal moneys granted or allocated as part of the expense of administering a
				  Federal aid law or act of Congress must be made in accordance with schedules
				  approved by the Director of the Budget. (State Finance Law, section
				  108).
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 3 - Personal Service › Section 3.2 - Approval by state civil service commission

Current through Register Vol. 46, No. 28, July 10, 2024
The payment of salary or compensation to any person holding a
				  position in the classified service is unlawful unless such person is certified
				  by the State Civil Service Commission as lawfully employed in his position.
				  Such certification may be made on an extended basis without time limitation or
				  may be made for a limited period only. No further certification shall be
				  necessary for the payment of compensation to such person so long as his status
				  remains unchanged and during the stated limited period, if any. The Department
				  of Civil Service shall examine the payroll of an agency at least once a year to
				  determine that all persons listed on such payroll are employed in accordance
				  with Civil Service Law and rules (Civil Service Law, section
				  100).
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 3 - Personal Service › Section 3.3 - Exceptions by civil service commission

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the Civil Service Commission takes exception to the
				  name of the person appearing on a payroll, submitted for certification, the
				  salary of such person will not be included in the payment of the payroll.
				  However, the name of the person so eliminated may be resubmitted for
				  certification.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 3 - Personal Service › Section 3.4 - Payroll certificates

Current through Register Vol. 46, No. 28, July 10, 2024
Every payroll must bear a certification signed by the head of
				  the department concerned or by other persons to whom the authority to sign such
				  certification has been delegated. Such delegation must be made by written
				  direction of the head of the department, and filed in the Department of Audit
				  and Control. The certification must state that individuals to whom payment is
				  to be made "are employed solely in and have actually performed the proper
				  duties of the positions and employments indicated, and that the persons
				  described therein as 'laborers' are employed at ordinary unskilled labor only;
				  and said payroll for the period is approved at $________ and is certified for
				  payment from the appropriations enumerated therein, and that the persons named
				  in said payroll, except those appointed and employed as laborers, have taken
				  and filed the constitutional oath, in accordance with the provisions of section 62  of the Civil Service Law, and that all
				  persons so named have complied with pertinent requirements of the Civil Service
				  Law" (State Finance Law, sections
				  109,
				  110).
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 3 - Personal Service › Section 3.5 - Computation of salary rate

Current through Register Vol. 46, No. 28, July 10, 2024
Employees will be paid biweekly an amount equal to 14/365ths
				  (in leap year 14/366ths) of their annual salary. The daily rate will equal
				  1/365th (in leap year 1/366th) of the annual salary. When determining the
				  annual salary rate of a per diem or hourly employee, 261 days or 2,088 hours
				  will be used as the basis to determine the computation payable if services were
				  required on a full-time annual basis.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 3 - Personal Service › Section 3.6 - Notification of appointments, promotions, etc

Current through Register Vol. 46, No. 28, July 10, 2024
Formal notification of appointments, promotions, increases in
				  compensation, resignations, leaves of absence and other changes in payroll
				  status must be filed with the Comptroller's office. In the case of
				  appointments, promotions and increases in compensation, the notification must
				  show name of employee, title of position, rate of compensation, and date same
				  is to become effective. Forms approved by the Comptroller should be used for
				  all notifications required by this section.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 3 - Personal Service › Section 3.7 - Payrolls prepared by comptroller

Current through Register Vol. 46, No. 28, July 10, 2024
All payrolls will be prepared by machine in the Department of
				  Audit and Control unless special permission is given for the submission of a
				  payroll prepared at the agency.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control › Part 3 - Personal Service › Section 3.8 - Payrolls prepared by departments

Current through Register Vol. 46, No. 28, July 10, 2024
Payrolls, other than those prepared by the Comptroller's
				  office, must be submitted to the Comptroller in duplicate (original and carbon
				  copy for payment). One copy of each such payroll must also be filed with the
				  Employees' Retirement System.