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 6 - Sampling And Testing Milk For Component Content › Requirements for Milk Dealers › Section 6.7 - Duties

Current through Register Vol. 46, No. 28, July 10, 2024
A milk dealer shall:
(a) ensure that a temperature control sample
					 is properly taken as required in section
					 6.17(b) 
					 of this Part;
(b) ensure that a
					 universal sample is properly taken from each dairy farm from which milk is
					 picked up and such sample is properly maintained in accord with the provisions
					 of this Part and with Standard Methods;
(c) promptly notify the commissioner of all
					 locations where universal samples are maintained, stored (other than a bulk
					 milk pick-up truck) and tested, and ensure that all universal samples are
					 maintained and tested in compliance with the applicable provisions of Standard
					 Methods;
(d) ensure that all
					 universal samples are tested only by a person who holds a tester's license
					 pursuant to the provisions of this Part;
(e) ensure that universal samples are tested
					 at the frequency required in section
					 6.10 
					 of this Part;
(f) determine when a
					 universal sample taken from a dairy farm varies 0.5 percent or more milkfat
					 from the last previous unquestioned test, and ensure that the procedures set
					 forth in section
					 6.15  of this Part are
					 complied with;
(g) consistent with
					 the provisions of this subdivision, calculate or ensure that a calculation is
					 made, with regard to each dairy farm from which milk was received, of the
					 average milk component content in the universal samples which were taken during
					 the month and which were analyzed. Such calculation shall be made by
					 determining the milk component content of each sample taken during each 7- or
					 10-day period of the month (as appropriate) and tested, determining the average
					 milk component content for each such period, adding such averages and dividing
					 by three or four, as appropriate. When the last digit to the right of the
					 decimal point is a five, the preceding digit shall remain the same if it is an
					 even number, and shall be rounded up if it is an odd number. If such digit is
					 less than five, the preceding digit shall remain the same. If such digit is
					 more than five, the preceding digit shall be rounded up;
(h) in the event that milk is picked up from
					 a dairy farm more than once a day (multiple pick-ups), ensure that a universal
					 sample is properly taken on each occasion when milk is picked up, and that such
					 samples are tested and that the weighted average of the milk component content
					 of all such samples is calculated. Such weighted average shall constitute the
					 milk component content of all of the milk picked up on a particular day;
					 and
(i) maintain all weigh slips
					 required to be furnished to him, pursuant to section
					 6.19  of this
					 Part, for a period of not less than one year, and furnish such weigh slips to
					 the commissioner upon request.