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 6 - Sampling And Testing Milk For Component Content
Requirements for Milk Dealers
Section 6.7 - Duties

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

A milk dealer shall:

(a) ensure that a temperature control sample is properly taken as required in section 6.17(b) of this Part;

(b) ensure that a universal sample is properly taken from each dairy farm from which milk is picked up and such sample is properly maintained in accord with the provisions of this Part and with Standard Methods;

(c) promptly notify the commissioner of all locations where universal samples are maintained, stored (other than a bulk milk pick-up truck) and tested, and ensure that all universal samples are maintained and tested in compliance with the applicable provisions of Standard Methods;

(d) ensure that all universal samples are tested only by a person who holds a tester's license pursuant to the provisions of this Part;

(e) ensure that universal samples are tested at the frequency required in section 6.10 of this Part;

(f) determine when a universal sample taken from a dairy farm varies 0.5 percent or more milkfat from the last previous unquestioned test, and ensure that the procedures set forth in section 6.15 of this Part are complied with;

(g) consistent with the provisions of this subdivision, calculate or ensure that a calculation is made, with regard to each dairy farm from which milk was received, of the average milk component content in the universal samples which were taken during the month and which were analyzed. Such calculation shall be made by determining the milk component content of each sample taken during each 7- or 10-day period of the month (as appropriate) and tested, determining the average milk component content for each such period, adding such averages and dividing by three or four, as appropriate. When the last digit to the right of the decimal point is a five, the preceding digit shall remain the same if it is an even number, and shall be rounded up if it is an odd number. If such digit is less than five, the preceding digit shall remain the same. If such digit is more than five, the preceding digit shall be rounded up;

(h) in the event that milk is picked up from a dairy farm more than once a day (multiple pick-ups), ensure that a universal sample is properly taken on each occasion when milk is picked up, and that such samples are tested and that the weighted average of the milk component content of all such samples is calculated. Such weighted average shall constitute the milk component content of all of the milk picked up on a particular day; and

(i) maintain all weigh slips required to be furnished to him, pursuant to section 6.19 of this Part, for a period of not less than one year, and furnish such weigh slips to the commissioner upon request.

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