N.Y. Comp. Codes R. & Regs. Tit. 1§ 2.1 - Applicability

(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.

(c) Every term used in subdivision (b) of this section that is defined in the Grade A Pasteurized Milk Ordinance, 2019 edition, shall have the meaning ascribed to such term therein.

(d) The provisions of this Part shall preempt any local law, ordinance, rule or regulation enacted by any city, village, town, county, or by any department, agency, board, office or other division thereof, whether enacted prior to or after the effective date of this Part, to the extent that any such enactment is different from or inconsistent with the provisions of this Part.

(e) The provisions of subpart A, subpart C, section 117.206 of subpart D, subpart F, and subpart G of Part 117 of Title 21 of the Code of Federal Regulations shall apply to a milk plant or transfer station that is not an interstate milk shipper listed in the document entitled Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers, published by the U.S. Department of Health and Human Services. The terms set forth in the provisions of Part 117 of Title 21 of the Code of Federal Regulations, incorporated by reference herein, shall have the meaning ascribed to such terms therein except that:

(1) FDA shall be deemed to be a reference to the Department of Agriculture and Markets;

(2) FDA District Director and to Director and to Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition shall be deemed to be a reference to the Director of the Division of Milk Control and Dairy Services of the Department of Agriculture and Markets;

(3) Secretary, and to Commissioner of Food and Drugs, shall be deemed to be a reference to the Commissioner of the Department of Agriculture and Markets unless the context clearly indicates that each such term should have the meaning ascribed to it in Title 21 of the Code of Federal Regulations section 117.3.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 1§ 2.1

Amended New York State Register June 24, 2015/Volume XXXVII, Issue 25, eff. 6/24/2015 Amended New York State Register July 31, 2019/Volume XLI, Issue 31, eff. 7/31/2019 Amended New York State Register November 18, 2020/Volume XLII, Issue 46, eff. 11/18/2020 Amended New York State Register January 31, 2024/Volume XLVI, Issue 5, eff. 1/31/2024