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 3.3 - Permit required

Universal Citation: 1 NY Comp Codes Rules and Regs § 3.3

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

(a) Each person who operates a plant where milk or whey is condensed, or a plant where milk or whey is dried, where such products are to be used in preparation of grade A milk products pursuant to Part 2 of this Subchapter shall hold a valid permit issued pursuant to this Part by the commissioner. Each such person shall designate a processing plant supervisor (PPS), as set forth in subdivision (b) of this section. No person shall bring into, send into or receive into the State of New York for sale, or to sell or offer for sale therein, or have in storage any milk or skim milk or milk products which are to be used in the production, processing or distribution of grade A condensed milk, dry milk products, condensed whey or dry whey products without first obtaining a permit to ship milk into the State pursuant to section 2.3(b) of this Subchapter.

(1) A permit may not be denied, suspended or revoked unless the commissioner finds by substantial evidence, after due notice and opportunity for a hearing, that the permit holder has caused an act injurious to the public health, or the permit holder has violated any of the provisions of the Part or has interfered with the department in its administration of this Part; provided, that a permit may be suspended without a hearing in a case in which the milk or milk product creates or appears to create an imminent hazard to the public health, or in a case in which the permit holder has willfully refused to permit an authorized inspection.

(2) A person whose permit has been suspended may have his permit reinstated after corrective action has been taken by the permittee and it appears to the commissioner that the cause of the problem no longer exists.

(3) Upon request of the department, a permit holder shall allow access to department personnel and/or certified milk inspectors, as appropriate, to all parts of his establishment or facilities as is necessary for such persons to determine compliance with this Part or to make an official investigation. In addition, a permit holder shall make available to such personnel all records which are required to be kept by this Part.

(b) Each person who holds a permit pursuant to this section shall designate a processing plant superintendent (PPS). The PPS shall be responsible for:

(1) insuring that the plant for which he is responsible and the milk products processed thereat are in compliance with the regulations of this Part; and

(2) keeping and submitting to the commissioner records he has regulated or may require to be kept; and

(3) attending an annual training refresher course held by the commissioner.

A PPS must be certified by the commissioner, and the commissioner shall not certify a person as a PPS unless he is satisfied that the person understands and is capable of carrying out the duties of a PPS. The commissioner may suspend, revoke or refuse to renew a PPS certification after a hearing if he finds that the PPS has failed to carry out the duties set forth in this subdivision.

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