N.Y. Comp. Codes R. & Regs. Tit. 1§ 2.6 - Certified milk inspectors and processing plant superintendents

(a) Certified milk inspectors.

(1) Every person who performs the duties of a certified milk inspector shall apply for and hold a certificate issued by the commissioner. An applicant for a certificate shall file an application upon a blank prepared under the direction of the commissioner and shall set forth the information deemed necessary by the commissioner for the administration of this Part. No certificate shall be granted unless the applicant has passed an examination designed to ascertain his ability to carry out the duties set forth in paragraph (2) of this subdivision, has attended a training course held by the commissioner within one year of receiving his certificate, has successfully completed a six-month probationary period and:

(i) has a degree in dairy science or has completed college level courses acceptable to the commissioner;

(ii) has at least six months satisfactory experience in dairy farm inspection; or

(iii) has at least one year's satisfactory experience in the dairy industry and at least one month's satisfactory training in dairy farm inspection.

(2) A certified milk inspector shall:

(i) inspect each dairy farm from which prepasteurized milk is assembled by the permit holder in accord with section 2.5 of this Part, accurately record and maintain the results of each inspection and promptly furnish a copy of an inspection report to the commissioner when requested to do so;

(ii) assure that a sample is obtained and submitted for analysis, when and as required by the provisions of section 2.7(c), (d) and (e) of this Part;

(iii) promptly ascertain the results of all analyses of samples of prepasteurized milk, and act as required by the provisions of section 2.7 of this Part;

(iv) inform a dairy farmer that when a sample of prepasteurized milk taken from his dairy farm exceeds the temperature or abnormal milk standard set forth in section 2.8 of this Part, that such prepasteurized milk may not be shipped to or received by a general permit holder;

(v) inform a dairy farmer that when a sample of prepasteurized milk taken from his dairy farm exceeds the drug standard set forth in section 2.8 of this Part, prepasteurized milk may not be shipped to or received by a general permit holder, as provided in section 2.7(e) of this Part;

(vi) inform a dairy farmer that when samples of prepasteurized milk taken from his dairy farm have exceeded, on three of the last five times analyzed, the bacterial limit or somatic cell standard set forth in section 2.8 of this Part, prepasteurized milk may not be shipped to or received by a general permit holder, as provided in section 2.7(c) and (d) of this Part;

(vii) inform a dairy farmer that when his dairy farm is not in substantial compliance with sections 2.9 through 2.28 and sections 2.58 and 2.65 of this Part, prepasteurized milk may not be shipped to or received by a general permit holder;

(viii) inform the general permit holder by whom he is employed of the identity of a dairy farmer whenever the milk of such dairy farmer may not be received, pursuant to the provisions of this Part;

(ix) inform a dairy farmer when the prepasteurized milk produced on his dairy farm exceeds a standard set forth in section 2.8 of this Part;

(x) maintain and submit to the commissioner when requested the records required to be kept by a general permit holder pursuant to section 2.3(a)(5) of this Part;

(xi) obtain and submit for analysis to a licensed technician a sample of water taken from a dairy farm the milk of which is assembled by the general permit holder, as required by section 2.15 of this Part;

(xii) attend an annual course in dairy farm inspection held by the commissioner; and

(xiii) properly carry out such other responsibilities and duties required of a certified milk inspector pursuant to the provisions of this Part.

(3) A certificate shall be effective until suspended or revoked. The commissioner may decline to grant a certificate, or may suspend or revoke a certificate, upon due notice and opportunity for a hearing, when he is satisfied that the applicant or certificate holder does not have the qualifications set forth in paragraph (1) of this subdivision or has not properly carried out the duties set forth in paragraph (2) of this subdivision. A certified milk inspector shall inform the commissioner when any information set forth in his application is no longer accurate.

(4) A certified milk inspector is not an employee of the Department of Agriculture and Markets, and except as provided herein is not under the control or supervision of the State.

(b) Processing plant superintendents.

(1) Every person who performs the duties of a processing plant superintendent ("PPS"), as set forth in paragraph (2) of this subdivision, shall apply for and hold a certificate issued by the commissioner. An applicant for a certificate shall file an application upon a blank prepared under the direction of the commissioner and shall set forth the information deemed necessary by the commissioner for the administration of this Part.

(2) A PPS shall:

(i) ensure that the milk plant, receiving station or frozen desserts manufacturing plant at which he is employed is in substantial compliance with sections 2.30 through 2.65 (except sections 2.58 and 2.60) of this Part;

(ii) ensure that all milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk, sheep milk products, melloream and frozen desserts comply with applicable standards and requirements set forth in this Title or in the Agriculture and Markets Law, or are not in violation of any provision of this Title or of the Agriculture and Markets Law;

(iii) ensure that no commingled milk is received that exceeds the drug standard set forth in section 2.8 of this Part;

(iv) keep and submit to the commissioner the records and the materials required to be kept; and

(v) attend an annual course in processing plant operation held by the commissioner.

(3) A certificate shall be effective until suspended or revoked. The commissioner may decline to grant a certificate, or may suspend or revoke a certificate, upon due notice and opportunity for a hearing, when he is satisfied that the applicant or certificate holder is incapable of carrying out or has not properly carried out the duties set forth in paragraph (2) of this subdivision. A PPS shall inform the commissioner when any information set forth in his application is no longer accurate.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 1§ 2.6