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 3 - Requirements For The Production, Processing And Distribution Of Grade A Condensed Milk, Dry Milk Products, Condensed Whey And Dry Whey Products
Section 3.2 - Definitions

(a) Milk, skim milk and nonfat dry milk mean those products as defined in Part 17 of this Subchapter.

(b) Grade A milk and milk products are the substances set forth in subdivisions (c), (d), (e) and (f) of this section which have been produced in compliance with this Part.

(c) Condensed milk is milk unsterilized and unsweetened, resulting from the vacuum removal of a considerable portion of water. This definition is not intended to include sterilized milk and milk products hermetically sealed in a container and processed, either before or after sealing so as to prevent microbial spoilage, or evaporated milk, or sweetened condensed milk, except when said products are combined with other substances in the commercial preparation of any pasteurized milk or milk product defined in Part 2 of this Subchapter.

(d) Dry milk products means products resulting from the drying of milk or milk products and any product resulting from the combination of dry milk products with other wholesome dry ingredients.

(e) Whey is the liquid substance obtained by separating the coagulum from milk, cream or skim milk.

(f) Condensed whey is the product resulting from the vacuum removal of a considerable portion of water from whey.

(g) Dry whey means a product resulting from the drying of whey to which no alkali or other chemical has been added and any product resulting from the combination of dry whey with other wholesome dry ingredients.

(h) The term Grade A when used to describe any products regulated by this Part shall mean such products have been produced in compliance with the requirements of this Part.

(i) Adulterated. Any product regulated by this Part shall be deemed to be adulterated if one or more of the conditions set forth in section 200 of the Agriculture and Markets Law is found to exist.

(j) Misbranded. Any product regulated by this Part shall be deemed to be misbranded if one or more of the conditions set forth in section 201 of the Agriculture and Markets Law is found to exist.

(k) The terms pasteurization, pasteurized, and similar terms shall mean the process of heating every particle of milk, milk products and whey to at least 161° F (72° C) and holding it continuously at or above this temperature for at least 15 seconds, in equipment which is properly operated and approved by the regulatory agency; provided, that milk products that have a higher milk fat content than milk and/or contain added sweeteners, and condensed milk and condensed milk products shall be heated to at least 166° F (75° C) and held coninuously at or above this temperature for at least 15 seconds; provided further, that nothing in this definition shall be construed as barring any other pasteurization process which has been recognized by the U.S. Food and Drug Administration to be equally efficient and which is approved by the regulatory agency.

(l) Sanitization is the application of any effective method or substance to a clean surface for the destruction of pathogens, and of other organisims as far as is practicable. Such treatment shall not adversely affect the equipment, the milk, milk products, whey and condensed and dry milk products or the health of consumers, and shall be acceptable to the regulatory agency.

(m) Regulatory agency shall mean the New York State Department of Agriculture and Markets.

(n) A milk condensing and/or drying plant is a plant in which milk or milk products are condensed, dried, received, separated or otherwise processed for drying and packaging.

(o) A whey condensing and/or drying plant is a plant in which whey is condensed, dried, or in which whey is received and processed for drying and packaging.

(p) Official laboratory is a laboratory as defined in section 2.2(uu) of this Subchapter.

(q) An officially designated laboratory is a laboratory as defined in section 2.2(vv) of this Subchapter.

(r) Industry laboratory is a laboratory as defined in section 2.2(vv) of this Subchapter.

(s) Commissioner means the Commissioner of the Department of Agriculture and Markets of the State of New York.

(t) The word person shall include any individual, plant operator, partnership, corporation, company, firm, trustee, association or institution.

(u) This Part, as used herein, means Part 3 of Title 1 of the Official Compilation of Codes, Rules and Regulations of the State of New York (1 NYCRR Part 3).

(v) Certified milk inspector is a person who meets the qualifications set forth in section 2.4(b)(1) of this Subchapter, and has been duly certified by the commissioner pursuant to such section.

(w) Processing plant superintendent (PPS) is a person duly certified by the commissioner pursuant to section 3.3(b) of this Part.