Current through Register Vol. 46, No. 12, March 20, 2024
(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.
