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 2 - Requirements For The Production, Processing, Manufacturing And Distribution Of Milk And Milk Products
Section 2.6 - Certified milk inspectors and processing plant superintendents
Universal Citation: 1 NY Comp Codes Rules and Regs ยง 2.6
Current through Register Vol. 46, No. 12, March 20, 2024
(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.
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