Current through Register Vol. 46, No. 12, March 20, 2024
(a) A licensed
technician who has been given a sample of prepasteurized milk or commingled
milk to analyze shall promptly perform the appropriate test(s) at an officially
designated laboratory and shall promptly notify the permit holder of the result
of the test(s), in writing.
(b)
Sampling and analysis of prepasteurized milk and commingled milk.
(1) The permit holder who controls the
assembly of the milk shall ensure that a sample of prepasteurized milk is
properly taken by a person licensed pursuant to Agriculture and Markets Law,
section
57 each time prepasteurized milk is picked up
from a dairy farm and that a sample of commingled milk is properly obtained at
least once a month. At least once a month, an official sample of prepasteurized
milk from each dairy farm and a sample of commingled milk shall be submitted to
a licensed technician for analysis at an officially designated laboratory, to
determine compliance with the standards set forth in section
2.8 of this
Part. The licensed technician shall continuously maintain samples under
adequate refrigeration and sanitary conditions until analyzed. Notwithstanding
the foregoing, the permit holder shall ensure that a sample of commingled milk
is properly obtained, for each load of milk shipped to a milk plant in a milk
tank truck, and submitted to a licensed technician for analysis at an
officially designated laboratory, to determine compliance with the drug
standard set forth in section
2.8 of this
Part. When a sample of commingled milk exceeds the drug standard set forth in
this Part or is found to contain a drug at the non-actionable level, the
samples from all dairy farms represented in the commingled sample shall be
submitted to a licensed technician for analysis at an officially designated
laboratory, to determine which sample(s) is/are in violation of such standard
or which sample(s) contain(s) a drug at the non-actionable level. When a sample
of commingled milk exceeds the drug standard set forth in this Part, the milk
from which such sample was taken shall not be accepted or received.
(2) All sampling and analysis required to be
made pursuant to this Part shall be made in compliance with the applicable
provisions of Part 6 of this Title, Standard Methods for the Examination of
Dairy Products and the PMO.
(c) Requirements when prepasteurized milk or
raw milk exceeds bacterial limit.
(1) When an
official sample of prepasteurized milk or raw milk has been analyzed and
determined to exceed the bacterial limit set forth in section
2.8 of this
Part, the certified milk inspector or an employee of the Division of Milk
Control in the case of a producer-dealer or raw milk producer, shall notify the
dairy farmer, producer-dealer or raw milk producer, as the case may be, of the
results of the analysis and shall inspect the dairy farm to determine the
cause.
(2) Whenever two of a series
of four consecutive official samples exceed the bacterial limit, another
official sample of prepasteurized milk or raw milk, as the case may be, shall
be taken from 3 to 21 days after notification and shall be submitted to a
licensed technician for analysis at an officially designated laboratory, and
the dairy farmer, producer-dealer or raw milk producer shall be informed by the
certified milk inspector or by an employee of the Division of Milk Control, as
applicable, that no prepasteurized milk or raw milk may be shipped, processed
or sold if three of any series of five consecutive official samples exceed the
bacterial limit.
(3) After the
prepasteurized milk of a dairy farmer or producer-dealer is no longer
prohibited from being shipped or processed, or after the raw milk of a raw milk
producer is no longer prohibited from being sold, offered for sale or made
available pursuant to the provisions of this section, four official samples of
prepasteurized milk or raw milk from different milkings shall be taken within a
5- to 21-day period. No more than two official samples shall be taken during
any one seven day period. Such official samples shall be submitted to a
licensed technician for analysis at an officially designated laboratory. The
official samples required to be taken pursuant to the provisions of this
paragraph shall not be considered to be part of a prior series of
samples.
(d)
Requirements when prepasteurized milk or raw milk exceeds the somatic cells
standard.
(1) When an official sample of
prepasteurized milk or raw milk has been analyzed and determined to exceed the
somatic cells standard set forth in section
2.8 of this
Part, the certified milk inspector or an employee of the Division of Milk
Control in the case of a producer-dealer or raw milk producer, shall notify the
dairy farmer, producer-dealer or raw milk producer as the case may be, of the
results of the analysis and another official sample of prepasteurized milk or
raw milk shall be taken from 5 to 21 days after notification ("the official
recheck sample") and submitted to a licensed technician for analysis at an
officially designated laboratory.
(2) When an official recheck sample has been
analyzed and determined to exceed the somatic cells standard, the certified
milk inspector or employee of the Division of Milk Control, as applicable,
shall notify the dairy farmer, producer-dealer or raw milk producer of the
results of the analysis and inform him that he must, within 10 days, enroll in
the Quality Milk Promotion Services Program ("QMPS"). The dairy farmer,
producer-dealer or raw milk producer shall remain properly enrolled in the QMPS
program for at least six months from the date of enrollment and until three of
a series of four consecutive official samples are analyzed and determined to be
in compliance with the somatic cells standard.
(3) Whenever two of a series of four
consecutive official samples exceed the somatic cells standard, another
official sample of prepasteurized milk or raw milk, as the case may be, shall
be taken from 5 to 21 days after notification and shall be properly submitted
to a licensed technician for analysis at an officially designated laboratory,
and the dairy farmer, producer-dealer or raw milk producer shall be informed by
the certified milk inspector or by an employee of the Division of Milk Control,
as applicable, that no prepasteurized milk or raw milk may be shipped,
processed or sold if three of any series of five consecutive samples exceed the
somatic cells standard. The dairy farmer, producer-dealer or raw milk producer
shall also be informed by the certified milk inspector or by an employee of the
Division of Milk Control, as applicable, that he must, within 10 days, enroll
in the QMPS program and remain properly enrolled therein for at least six
months and until three of a series of four consecutive official samples are
analyzed and determined to be in compliance with the somatic cells
standard.
(4) After the
prepasteurized milk of a dairy farmer or producer-dealer is no longer
prohibited from being shipped or processed, or after the raw milk of a raw milk
producer is no longer prohibited from being sold, offered for sale or made
available pursuant to the provisions of this section, four official samples of
prepasteurized milk or raw milk from different milkings shall be taken within a
5- to 21-day period. No more than two samples shall be taken during any one
seven day period. Such samples shall be submitted to a licensed technician for
analysis at an approved laboratory. The samples required to be taken pursuant
to the provisions of this paragraph shall not be considered to be part of a
prior series of samples.
(e) Requirements when prepasteurized milk
exceeds the drug standard. When a sample of prepasteurized milk has been
determined to exceed the drug standard set forth in section
2.8 of this
Part, the certified milk inspector shall immediately notify the dairy farmer of
the results of the analysis and shall inform him:
(1) that no prepasteurized milk may be
shipped until the milk no longer exceeds the drug standard and for a period of
at least:
(i) two days from the date the
prepasteurized milk was determined to exceed the drug standard if such
excessive sample was the first excessive sample in a 12- month period;
or
(ii) four days from the date the
prepasteurized milk was determined to exceed the drug standard, if such
excessive sample was the second or more excessive sample in a 12-month period;
and
(2) that he shall
immediately contact a licensed veterinarian, inform such licensed veterinarian
that his milk has been found to contain a drug, meet with such licensed
veterinarian as soon as practicable after contacting him, and in no event later
than 30 days thereafter, and review with such licensed veterinarian the
provisions of the milk and dairy beef residue prevention protocol. Immediately
after such review, the dairy farmer shall sign the certificate at page 57 of
the protocol and retain it for at least two years.
Notwithstanding the provisions of subparagraphs (1)(i) and
(ii) of this subdivision, prepasteurized milk that does not exceed the drug
standard may be shipped if the dairy farmer pays a penalty to the permit holder
who receives his milk, in an amount equal to the value of such prepasteurized
milk at the applicable uniform price or, if there is no applicable uniform
price, at the generally prevailing price.