§ 71-N — Milk and milk products; permit required

New York § 71-N

• Jurisdiction: New York
• Law AGM: Agriculture & Markets
• Art. 4-B: Milk Sanitation

Text

§ 71-n. Milk and milk products; permit required. 1. (a) No person,\nfirm, association, partnership or corporation shall engage in or carry\non the business of shipping, transporting or importing into this state\nfrom any other state, territory or foreign country any milk or milk\nproducts, as defined in subdivision two of section seventy-one-l of this\narticle, for sale, resale or distribution to consumers unless the milk\nand milk products to be shipped, transported, or imported into this\nstate meet all of the sanitary requirements and standards for such milk\nand milk products produced or manufactured within this state.\n (b) Nothing in this section shall be held or construed to apply to\nevaporated or condensed milk manufactured, sold or exposed for sale or\nexchange in hermetically sealed cans.\n (c) When the commissioner inspects a plant beyond the boundary of the\nstate, the commissioner may require such plant to reimburse the\ndepartment for all necessary and reasonable expenses incurred in making\nsuch inspections. The commissioner is authorized to effectuate and enter\ninto such reciprocal agreements with governmental units of other states,\ncommonwealths or jurisdictions as will insure the inhabitants of this\nstate milk and milk products complying with all the sanitary\nrequirements and product standards and regulations now in force or\nhereafter promulgated by the department for the production and handling\nof milk or milk products within the state, through reciprocal inspection\nagreements, and in aid of such agreements, may approve or accept\ninspections conducted by other commonwealths, states and jurisdictions\nwith respect to milk and milk products.\n 2. No person, firm, association, partnership or corporation shall\nengage in the production, processing or manufacture of milk and milk\nproducts without a permit issued by the commissioner pursuant to this\nsubdivision. The commissioner may decline to grant or renew or may\nrevoke a permit, after due notice and opportunity for a hearing, when he\nor she is satisfied that the applicant or permit holder is not capable\nof complying or has not complied with the requirements relating to\nproduction, processing or manufacture of milk and milk products set\nforth in this chapter or the rules and regulations promulgated pursuant\nthereto. No fee shall be charged for a permit and it shall remain in\neffect until revoked or until suspended by the commissioner. With\nrespect to a milk producer, the permit required by this section shall\nconsist of a satisfactory sanitary inspection report of a department\ninspector or a certified milk industry inspector. An emergency\nsuspension of a milk producer's permit pursuant to section four hundred\none of the state administrative procedure act may be ordered by a\ndepartment employee authorized by the commissioner. Such an order may be\nbased upon facts as reported by a certified milk industry inspector.\n 3. The commissioner may, after public hearing, promulgate such rules\nand regulations as he or she deems necessary to give full force and\neffect to the purpose and intent of this article and to conform such\nrules and regulations to the provisions of the Grade A Pasteurized Milk\nOrdinance, published by the food and drug administration of the United\nStates department of health and human services, including those\nprovisions concerning the disposition of milk as a sanction for\nviolation of such ordinance.\n