1 NYCRR — Department of Agriculture and Markets

Chapter I MILK CONTROL*

Subchapter A DAIRY PRODUCTS (ARTICLE 4, AGRICULTURE AND MARKETS LAW)

Part 1 VITAMIN D MILK

1 CRR-NY 1.1 Definitions {#sec-1-crr-ny-1.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 1.1}

As used herein, the following terms shall have the following meanings:

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

(b) Person means individual, partnership, corporation or cooperative association.

(c) Vitamin D Milk means milk in which the vitamin D content has been increased in the manner set forth in section 1.4 of this Part.

(d) Approved laboratory means a laboratory approved by the commissioner pursuant to section 1.2 of this Part.

1 CRR-NY 1.2 Approval of laboratories {#sec-1-crr-ny-1.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 1.2}

Any person who desires to have his laboratory approved by the commissioner for determining the vitamin D level in milk samples taken under the supervision of the commissioner, as herein provided, shall first satisfy the commissioner that tests to be made in such laboratory will be conducted by persons qualified by training, experience and facilities to make such tests accurately. Laboratories operated and maintained by those persons who thus satisfy the commissioner shall be designated “Approved Laboratories”.

For the purpose of determining whether or not a laboratory shall be designated as an “approved laboratory” the commissioner may designate a qualified person or persons to examine the laboratory, its equipment, facilities and personnel, at the expense of the applying laboratory, and thereafter may have similar examinations made at the expense of the applying laboratory for the purpose of determining whether or not such approval should be continued.

The approval of a laboratory for determining the vitamin D level in milk may be withdrawn by the commissioner if he is satisfied that the laboratory, its facilities or personnel are not suitable for making accurate determinations of the vitamin D level of milk.

1 CRR-NY 1.3 Processors of vitamin D milk to register {#sec-1-crr-ny-1.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 1.3}

Not later than six months after the effective date of these regulations each person engaged in the production of vitamin D milk, and after that date each person engaging in such production, shall register with the commissioner on a form provided by the commissioner and shall state to which approved laboratory or laboratories such processor desires to have samples of vitamin D milk, taken under the supervision of the commissioner, pursuant to section 1.7, forwarded to be bio-assayed.

The form on which processors register shall contain provisions for an agreement by the processor to pay the cost of bio-assays on samples of such processors' milk.

1 CRR-NY 1.4 Method of producing vitamin D milk {#sec-1-crr-ny-1.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 1.4}

The following procedures for increasing the vitamin D content of milk to at least 400 U.S.P. units per quart are hereby approved:

(a) adding concentrate of vitamin D to milk prior to and at the place of pasteurization;

(b) directly irradiating milk by means of ultraviolet or carbon arc rays prior to and at the place of pasteurization; and

(c) feeding irradiated yeast to the cow or cows on the dairy farm.

1 CRR-NY 1.5 Vitamin D content to be determined in approved laboratories {#sec-1-crr-ny-1.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 1.5}

The vitamin D level of milk shall be ascertained in laboratories approved in writing for such purpose by the commissioner.

1 CRR-NY 1.6 Method of determining vitamin D content {#sec-1-crr-ny-1.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 1.6}

In determining the vitamin D level of milk, such approved laboratories shall use a method prescribed in the latest edition of Official Methods of Analysis published by the Association of Official Agricultural Chemists, or by such modified method as may be approved by the commissioner.

1 CRR-NY 1.7 Samples of vitamin D milk to be procured for testing {#sec-1-crr-ny-1.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 1.7}

A representative sample of vitamin D milk produced by each processor shall be obtained by the commissioner or by some person designated by him for such purpose at intervals of approximately six months, and may be procured more often if the commissioner deems necessary. The samples so obtained shall be delivered to the approved laboratory selected by the processor to be bio-assayed. The producer of the vitamin D milk shall in each instance bear the cost of such tests. In his discretion, however, the commissioner, if satisfied from accurate and continuous records showing the amount and type of concentrate added to milk and the quantity of vitamin D milk produced, may forego the procurement and the bio-assaying of one or more periodical samples.

1 CRR-NY 1.8 Results of tests to be reported {#sec-1-crr-ny-1.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 1.8}

The operator of each approved laboratory shall promptly report to the commissioner and to the processor the result of each test made on each sample submitted as provided in section 1.7 of this Part.

1 CRR-NY 1.9 [Repealed] {#sec-1-crr-ny-1.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 1.9}

Part 2 REQUIREMENTS FOR THE PRODUCTION, PROCESSING, MANUFACTURING AND DISTRIBUTION OF MILK AND MILK PRODUCTS

1 CRR-NY 2.1 Applicability {#sec-1-crr-ny-2.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.1}

(a) The provisions of this Part shall apply to dairy farms, dairy farmers and raw milk producers, and shall apply to milk plants and persons who operate milk plants, that do not have a sanitation compliance rating of 90 or better, as set forth in the latest sanitation compliance and enforcement ratings of interstate milk shippers list. The provisions of this Part shall also apply to milk plants and persons who operate milk plants that manufacture frozen desserts and/or melloream.

(b)

(1) The sanitation provisions of this Part shall not apply to dairy farms or dairy farmers, or to milk plants and persons who operate milk plants, that have a sanitation compliance rating of 90 or better, as set forth in the latest sanitation compliance and enforcement ratings of interstate milk shippers list (IMS list), except as set forth in paragraph (2) of this subdivision. Dairy farms and dairy farmers, and milk plants and persons who operate milk plants, that have such a sanitation compliance rating shall comply with the sanitation requirements set forth in the Grade A Pasteurized Milk Ordinance, 2019 edition, published by the United States Department of Health and Human Services, Washington, DC (PMO), except to the extent that any provision of the PMO is in conflict with a provision of State and/or Federal law and except as provided in paragraph (2) of this subdivision. A copy of the PMO is available for public inspection at the Division of Milk Control and Dairy Services, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Albany, NY 12231. An electronic copy of the PMO is also publicly available, free of charge, on the website maintained by the New York State Department of Agriculture and Markets at the link https://www.agriculture.ny.gov/2019-pasteurized-milk-ordinance and on the website maintained by the United States Food and Drug Administration at the link https://www.fda.gov/media/140394/download.

(2) (i) The provisions of sections 2.3; 2.4; 2.5(a); 2.6(b); 2.7(b), (d)(1), (d)(2) and (d)(3); 2.27(e); 2.34(i); 2.38(g); 2.48(a)(4); 2.64, and 2.65 of this Part shall apply to dairy farms and dairy farmers, and to milk plants and persons who operate milk plants, that have a sanitation compliance rating of 90 or better, as set forth in the latest IMS List, and such provisions shall supersede any requirements set forth in the PMO that are to the contrary or are not otherwise identical.

(c) Every term used in subdivision (b) of this section that is defined in the Grade A Pasteurized Milk Ordinance, 2019 edition, shall have the meaning ascribed to such term therein.

(d) The provisions of this Part shall preempt any local law, ordinance, rule or regulation enacted by any city, village, town, county, or by any department, agency, board, office or other division thereof, whether enacted prior to or after the effective date of this Part, to the extent that any such enactment is different from or inconsistent with the provisions of this Part.

(e) The provisions of subpart A, subpart C, section 117.206 of subpart D, subpart F, and subpart G of part 117 of title 21 of the Code of Federal Regulations shall apply to a milk plant or transfer station that is not an interstate milk shipper listed in the document entitled Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers, published by the U.S. Department of Health and Human Services. The terms set forth in the provisions of part 117 of title 21 of the Code of Federal Regulations, incorporated by reference herein, shall have the meaning ascribed to such terms therein except that:

(1) FDA shall be deemed to be a reference to the Department of Agriculture and Markets;

(2) FDA District Director and to director and to Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition shall be deemed to be a reference to the Director of the Division of Milk Control and Dairy Services of the Department of Agriculture and Markets;

(3) Secretary, and to Commissioner of Food and Drugs, shall be deemed to be a reference to the Commissioner of the Department of Agriculture and Markets unless the context clearly indicates that each such term should have the meaning ascribed to it in title 21 of the Code of Federal Regulations section 117.3.

1 CRR-NY 2.2 Definitions {#sec-1-crr-ny-2.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.2}

The following definitions shall apply to the terms used in this Part, except as set forth in section 2.29 of this Part.

(a) Aseptically processed, when modifying the term milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk, sheep milk products, melloream or frozen desserts, means that the food has been subjected to sufficient processing to maintain the commercial sterility of the product under normal non-refrigerated conditions and has been packaged in a hermetically sealed container, in conformance with part 113 of title 21 of the Code of Federal Regulations (revised as of April 1, 2010; U.S. Government Printing Office, Washington, DC 20402) and with Appendix L and Item 16p(c) of the Pasteurized Milk Ordinance. A copy of title 21 of the Code of Federal Regulations and of the Pasteurized Milk Ordinance are available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235.

(b) Assembly of milk means the pickup, transport or general physical delivery of prepasteurized milk from dairy farms to a milk plant, transfer station or receiving station.

(c) Bulk milk pickup tanker means a vehicle, including the truck, tank and those appurtenances necessary for its use, used by a milk hauler to transport commingled or prepasteurized milk from dairy farms to a transfer station, receiving station or milk plant.

(d) Bulk tank unit means a group of dairy farms designated by the permit holder who assembles the milk produced by such dairy farmers.

(e) Commingled milk means the full load or partial load of prepasteurized milk received from two or more dairy farms which has been combined in a milk tank truck or in a storage tank in a milk plant, receiving station or transfer station.

(f) Commissioner means the Commissioner of Agriculture and Markets of the State of New York or an employee of the Department of Agriculture and Markets of the State of New York designated by the commissioner.

(g) Cultured product means a milk product, goat milk product or sheep milk product to which a microbiological organism has been added for the purpose of developing desired organileptic and/or textural qualities.

(h) Dairy farm means a place or premises where prepasteurized milk or raw milk is produced from cows, goats or sheep.

(i) Dairy farmer means a person who operates a dairy farm and produces prepasteurized milk.

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

(k) Direct microscopic smears means the dried and stained representations of prepasteurized milk affixed to slides for the purpose of determining bacterial and/or somatic cell count levels.

(l) Division of Milk Control means that division of the Department of Agriculture and Markets.

(m) Drug means an article intended:

(1) for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals or humans;

(2) to affect the structure or function of the body of an animal or human; or

(3) for use as a component of an article set forth in paragraph (1) or (2) of this subdivision, but not including a device or its components, parts or accessories.

(n) Flavoring agent means a fluid additive which gives a frozen dessert its characteristic taste or smell.

(o) FDA means the Food and Drug Administration of the United States Department of Health and Human Services.

(p) Frozen dessert means a food that meets a standard of identity set forth in sections 17.8 through 17.17 of this Title or provided for in section 17.19 of this Title, or is defined in section 71-a(2) of the Agriculture and Markets Law.

(q) Goat milk means the food that has been pasteurized and that meets the definition for milk provided for in section 17.18 of this Title, except that:

(1) the terms goats and goat milk are substituted for the terms cows and milk therein, respectively; and

(2) the provisions in such definition for milk relating to milk solids not fat and milk fat are not applicable.

(r) Goat milk product means a milk product as defined in subdivision (cc) of this section:

(1) except that milk from goats or a product thereof may be and has been substituted for the milk from cows or milk product component of such food; or

(2) which does not meet the provisions of paragraph (1) of this subdivision but which is commonly and usually characterized as a goat milk product.

(s) Grade A prepasteurized milk means prepasteurized milk produced in compliance with the applicable provisions of sections 2.8 through 2.28 of this Part.

(t) Grade A milk, lowfat milk, skim milk, non-storable milk products, goat milk, non-storable goat milk products, sheep milk and non-storable sheep milk products means those foods processed or manufactured from or with Grade A prepasteurized milk.

(u) He, him or his means she, her or hers depending upon the context.

(v) Licensed technician means an individual who, when performing biological, chemical and/or physical test(s) upon prepasteurized milk, commingled milk, raw milk, milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk or sheep milk products, is licensed by the commissioner pursuant to article 4 of the Agriculture and Markets Law to perform such test(s).

(w) Lowfat milk means the food that meets the definition for lowfat milk provided for in section 17.18 of this Title which has been pasteurized.

(x) Melloream means the food defined in section 50-f of the Agriculture and Markets Law.

(y) Milk means the food that meets the definition for milk provided for in section 17.18 of this Title which has been pasteurized.

(z) Milk and Dairy Beef Residue Prevention Protocol means the October 1, 1991 edition of that document, published by Agri-Education, Inc., 801 Shakespeare Avenue, Stratford, IA 59249 and written by Steve Boeckman and Keith R. Carlson. A copy of such document is available for public inspection at the Division of Milk Control, New York State Department of Agriculture and Markets, One Winners Circle, Albany, NY 12235.

(aa) Milk hauler means a person who transports prepasteurized milk, commingled milk or non-storable unpackaged milk products, goat milk products or sheep milk products to a milk plant, receiving station or transfer station.

(bb) Milk plant means any place, premises or establishment engaged solely or predominately in the receipt of prepasteurized milk, commingled milk or milk products which is or are subsequently processed or manufactured into milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk, sheep milk products, melloream and/or frozen desserts and any place, premises or establishment engaged solely or predominantly in the receipt of cheese or butter, as defined in Part 17 of this Title, which is or are grated, shredded, cut, mixed, blended, heated or otherwise treated and which is or are the predominant component of the resulting milk product, goat milk product or sheep milk product.

(cc) Milk product means a food, other than milk, lowfat milk or skim milk:

(1) that meets a standard of identity set forth in sections 17.2 through 17.7 of this Title or provided for in section 17.18 of this Title; or

(2) for which a standard of identity has not been prescribed but which is commonly and usually characterized as a milk product.

(dd) Milk tank truck means both a bulk milk pickup tanker and a milk transport tank.

(ee) Milk transport tank means a vehicle, including the truck, tank and those appurtenances necessary for its use, used by a milk hauler to transport commingled milk from a transfer station, receiving station or milk plant to another transfer station, receiving station or milk plant.

(ff) Non actionable level means an amount of an animal drug detected in a sample of prepasteurized milk that is below the maximum safe level established by the FDA for such drug.

(gg) Non-storable milk product means:

(1) flavored dairy drink, and dairy shake, as defined in sections 17.2 and 17.6 of this Title, respectively, as well as acidified milk, cultured milk, lowfat dry milk, nonfat dry milk, nonfat dry milk fortified with vitamins A and D, acidified lowfat milk, cultured low fat milk, acidified skim milk, cultured skim milk, dry whole milk, dry cream, heavy cream, light cream, light whipping cream, sour cream, acidified sour cream, eggnog, half-and-half, sour half-and-half, yogurt, lowfat yogurt, nonfat yogurt, cottage cheese, dry curd cottage cheese and lowfat cottage cheese, as defined in sections 131.111, 131.112, 131.123, 131.125, 131.127, 131.136, 131.138, 131.144, 131.146, 131.147, 131.149, 131.150, 131.155, 131.157, 131.160, 131.162, 131.170, 131.180, 131.185, 131.187, 131.200, 131.203, 131.206, 133.128, 133.129 and 133.131 of Title 21 of the Code of Federal Regulations (revised as of April 1, 2010), which standards of identity are incorporated by reference in section 17.18 of this Title. A copy of 21 CFR is available for public inspection at the Division of Milk Control, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235;

(2) a food that would meet a standard of identity for a food listed in paragraph (1) of this subdivision except that the food does not comply with the applicable standard of identity because of a deviation that is described by an expressed nutrient content claim, in accord with the sections of 21 CFR (revised as of April 1, 2010) incorporated by reference in section 17.20 of this Title;

(3) a food that would meet a standard of identity for a food listed in paragraph (1) of this subdivision except that milk from goats or a product thereof or milk from sheep or a product thereof, as the case may be, has been substituted for the milk from cows or milk product component of such food;

(4) a food as described in paragraph (2) of this subdivision except that milk from goats or a product thereof or milk from sheep or a product thereof, as the case may be, has been substituted for the milk from cows or milk product component of such food; or

(5) a food not defined or described in paragraphs (1), (2), (3) and (4) of this subdivision but which is commonly and usually characterized as a non-storable milk product or which shares the essential attributes of a non-storable milk product.

(hh) Official sample means a sample of prepasteurized milk required to be taken pursuant to the provisions of this Part.

(ii) Officially designated laboratory means a laboratory which contains all the equipment and facilities necessary for the proper testing of samples of prepasteurized milk, commingled milk, raw milk, milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk and sheep milk products, as set forth in chapter 2 of Standard Methods for the Examination of Dairy Products, to determine compliance with the applicable standard or standards set forth in section 2.8 of this Part.

(jj) Pasteurized, when modifying the term milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk, sheep milk products, melloream or frozen desserts, means that every component thereof has been subjected to the process set forth in section 2.44 of this Part.

(kk) PMO means the Pasteurized Milk Ordinance (1989 edition), published by the Food and Drug Administration of the United States Department of Health and Human Services, Washington, DC. The term PMO shall also include the following transmittals that have been issued by FDA and that supplement the PMO, which are set forth below by title, identification number and date of issuance.

(1) Foxboro Magnetic Flow Meter System to be Used in Lieu of a Metering Pump; M-b-237; February 6, 1981.

(2) Use of an AC-Variable Frequency Controller on a Metering Pump for an HTST Pasteurizer; M-b-242; September 30, 1982.

(3) Foxboro Magnetic Flow Meter System to be Used in Lieu of a Metering Pump M-b-237, Supplement 1; October 29, 1982.

(4) Taylor Magnetic Flow Meter System to be Used in Lieu of a Metering Pump; M-b-238, Supplement 1; October 29, 1982.

(5) Foxboro Magnetic Flow Meter System to be Used in Lieu of a Metering Pump; M-b-238, Supplement 2; January 7, 1983.

(6) Taylor Magnetic Flow Meter System to be Used in Lieu of a Metering Pump M-b-238, Supplement 2; January 7, 1983.

(7) Accurate Metering Systems proposal to Replace the Metering Pump with a Magnetic Flowmeter System for HTST Pasteurizers; M-b-266; March 14, 1984.

(8) Use of Magnetic Flow Meter Based Timing Systems with A-C Variable Frequency Motor Control Drives on a Centrifugal Pump in Lieu of a Positive Displacement Metering Pump on HTST Pasteurizing Systems; M-b-285; September 19, 1986.

(9) Sulfamethazine and Other Animal Drugs - Use and Storage on Dairy Farms; M-1-88-5; May 4, 1988.

(10) Extra-Label Use of Sulfamethazine; M-1-88-9; June 22, 1988.

(11) Sulfamethazine and other animal drugs - use and storage on dairy farms; M-1-88-5 Sup 1.; June 23, 1988.

(12) Use of Computers on Public Health Controls of Grade A Pasteurizers; M-I-88-11; July 22, 1988.

(13) FDA policy regarding the disposition of raw milk that contains drug residue at a level exceeding the tolerance or safe level (Adulterated Milk); M-1-90-9; November 16, 1990.

(14) Tolerance and/or Safe Levels of Animal Drug Residues in Milk; M-1-91-4; July 21, 1991.

(15) Actions of the 1991 National Conference on Interstate Milk Shipments; IMS-a-30, August 22, 1991.

(16) Withdrawal of approval of two nitrofuran animal drugs; M-1-91-6, October 8, 1991.

(17) Beta lactam Screening Methods; M-1-92-1; March 6, 1992.

(18) Use of B. stearothermophilus Disc Assay for Confirmation; M-1-92-8; October 27, 1992.

(19) Chloramphenicol Screening Test Methods; M-1-92-11, November 20, 1992.

(20) Item 16r (i) - current information; M-1-92-10; December 3, 1992.

(21) Withdrawal of approval of combination procaine penicillin/streptomycin/dihydrostreptomycin drugs; M-1-92-14; December 7, 1992.

(22) Certification of Industry Personnel (Supervisors) in the Use of FDA Evaluated Drug Residue Tests (1991 NCIMS Conference Problem 239) for Screening Bulk Milk Pickup Tankers; M-a-86; June 13, 1994.

(23) Beta Lactam Test Methods for Use Under Appendix N of the PMO; M-a-85; July 22, 1994.

A copy of the PMO and of all the above-cited transmittals are available for public inspection at the Division of Milk Control, New York State Department of Agriculture and Markets, One Winners Circle, Albany, NY 12235.

(ll) Person means an individual, firm, partnership, corporation, cooperative association, unincorporated association or agency of the State.

(mm) Prepasteurized milk means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats or sheep which is to be pasteurized prior to being processed into milk, lowfat milk, skim milk, goat milk or sheep milk or prior to being manufactured into a milk product, goat milk product, sheep milk product, melloream or frozen dessert.

(nn) Producer-dealer means a person who has and exercises complete and exclusive control over the operation and management of a milk plant which receives prepasteurized milk which was produced on a dairy farm also under the complete and exclusive control of such person.

(oo) Quality Milk Promotion Services Program means the service operated by the College of Veterinary Medicine of Cornell University and by the Department of Agriculture and Markets for the purpose of improving milk quality and reducing the incidence of mastitis in milk cows.

(pp) Raw milk means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats or sheep which will not be pasteurized prior to being sold or offered for sale to consumers.

(qq) Raw milk producer means a person who operates a dairy farm and produces raw milk.

(rr) Receiving station means a place, premises or establishment where prepasteurized milk is received, collected, handled, stored or cooled and prepared for further transporting.

(ss) Safe and suitable means the term defined in section 17.1(d) of this Title.

(tt) Sanitization means the application of an effective method or substance to equipment for the destruction of pathogens and of other organisms as far as is practicable. Such method or substance shall not adversely affect the equipment or adversely affect the purity and quality of food.

(uu) Sheep milk means the food that has been pasteurized and that meets the definition for milk provided for in section 17.18 of this Title, except that:

(1) the terms sheep and sheep milk are substituted for the terms cows and milk therein, respectively; and

(2) the provisions in the definition for milk provided for in section 17.18 of this Title relating to milk solids not fat and milk fat are not applicable.

(vv) Sheep milk product means a milk product as defined in subdivision (cc) of this section:

(1) except that milk from sheep or a product thereof may be and has been substituted for the milk from cows or milk product component of such food; or

(2) which does not meet the provisions of paragraph (1) of this subdivision but which is commonly and usually characterized as a sheep milk product.

(ww) Skim milk means the food that meets the definition for skim milk provided for in section 17.18 of this Title which has been pasteurized.

(xx) Standard Methods for the Examination of Dairy Products means the 16th edition of that document published by the American Public Health Association, Washington, DC 20005. A copy of Standard Methods for the Examination of Dairy Products is available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, One Winners Circle, Albany, NY 12235.

(yy) State means the State of New York.

(zz) Transfer station means a place, premises or establishment where commingled milk is transferred directly from one milk tank truck to another.

(aaa) Ultra pasteurized, when modifying the term milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk products, melloream or frozen desserts means that every component thereof has been thermally processed at or above 280°F (138°C) for at least two seconds so that the food has an extended shelf life under refrigerated conditions.

1 CRR-NY 2.3 General permits; permit to sell raw milk; permit to ship into the State; permit to produce milk {#sec-1-crr-ny-2.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.3}

(a) General permits.

Every person who operates a transfer station, receiving station, bulk tank unit or milk plant (other than a plant at which melloream or frozen desserts are manufactured) in the State shall hold a general permit issued by the commissioner. A general permit holder, a person holding a frozen desserts license pursuant to Agriculture and Markets Law section 71-d (“frozen desserts licensee”) and a person holding a melloream license pursuant to Agriculture and Markets Law section 50-g (“melloream licensee”) shall:

(1) if in control of the assembly of the milk shall:

(i) assign to each dairy farmer who produces milk assembled by the permit holder an identification number;

(ii) employ a certified milk inspector and ensure that he properly carries out his duties;

(iii) arrange to have the required samples of prepasteurized milk taken from dairy farms from which such prepasteurized milk is received, in accordance with section 2.6 of this Part, tested and analyzed by a licensed technician at an officially designated laboratory to determine compliance with the standards set forth in section 2.8 of this Part. The permit holder, frozen desserts licensee and melloream licensee shall, if requested, accurately inform the commissioner when samples will be taken from any dairy farm from which prepasteurized milk is received prior to having such samples taken;

(iv) arrange to have the required inspections done of dairy farms from which prepasteurized milk is received, in accord with section 2.5 of this Part;

(v) receive no prepasteurized milk from a new source unless the commissioner has been notified at least four days in advance and such source has been inspected by an employee of the Division of Milk Control and found to be in compliance with sections 2.9 through 2.28, 2.58 and 2.65 of this Part; and

(vi) receive no commingled milk from a permit holder who controls the assembly of the milk from whom milk is not received on a regular basis, unless a sample thereof has been properly submitted to a licensed technician for analysis at an officially designated laboratory and determined to be in compliance with the applicable standards set forth in section 2.8 of this Part;

(2) receive or handle no prepasteurized milk from a dairy farm:

(i) which has not been properly inspected as required in section 2.5 of this Part;

(ii) which is not in substantial compliance with sections 2.9 through 2.28 and sections 2.58 and 2.65 of this Part;

(iii) whenever the prepasteurized milk exceeds the temperature standard or fails to meet the abnormal milk standard set forth in section 2.8 of this Part, or whenever the milk is otherwise adulterated within the meaning of this Title or of the Agriculture and Markets Law;

(iv) for the period of time specified in section 2.7(e) of this Part, when the prepasteurized milk fails to meet the drug standard set forth in section 2.8 of this Part, except that a general permit holder who manufactures a non-Grade A storable milk product, goat milk product or sheep milk product may receive prepasteurized milk that does not exceed said drug standard, notwithstanding the provisions of section 2.7(e) of this Part, if such prepasteurized milk has been analyzed as provided for in the provisions of section 2.7(b)(2) of this Part and found to be in compliance with the applicable provisions of section 2.8 of this Part. The general permit holder and the dairy farmer who produced such prepasteurized milk shall have requested and received approval from the commissioner prior to the receipt of such prepasteurized milk by such general permit holder;

(v) whenever three of the last five samples of prepasteurized milk exceed the bacterial limit set forth in section 2.8 of this Part; and

(vi) whenever three of the last five samples of prepasteurized milk exceed the somatic cells standard set forth in section 2.8 of this Part or whenever the dairy farmer is required to enroll in the Quality Milk Promotion Services Program and has failed to do so;

(3) receive, deal in, sell, offer for sale or otherwise distribute no prepasteurized milk, commingled milk, milk, lowfat milk, skim milk, milk product, goat milk, goat milk product, sheep milk, sheep milk product, melloream or frozen dessert from a person who does not hold a required permit or license issued pursuant to this Title or the Agriculture and Markets Law;

(4) receive no commingled milk that exceeds the drug standard, as provided in section 2.7(b)(1) of this Part and shall, when commingled milk exceeds the drug standard, immediately notify the commissioner in writing that the commingled milk has failed to meet such standard;

(5) prepare, maintain and make available, for at least two years, unless otherwise provided, in a form and at a location satisfactory to the commissioner, the following records and materials:

(i) a record of bacteriological examinations of the water supply of:

(a) dairy farms, the prepasteurized milk of which is assembled by the permit holder, frozen dessert licensee or melloream licensee, in accord with section 2.15 of this Part; and

(b) the permit holder's, frozen dessert licensee's or melloream licensee's milk plant, in accord with section 2.35 of this Part;

(ii) a record of the results of required analyses of samples of prepasteurized and commingled milk for compliance with the standards set forth in section 2.8 of this Part. The records of results of analyses of samples of prepasteurized milk shall set forth the:

(a) name and identification number of the dairy farmer who produced the prepasteurized milk from which the sample was taken;

(b) date of sampling;

(c) date of analysis;

(d) method used and result of analysis; and

(e) signature and license number of the licensed technician who analyzed the sample;

(iii) a record of each inspection and reinspection of dairy farms conducted pursuant to section 2.5 of this Part. Each inspection report shall set forth:

(a) the name and identification number of the dairy farmer;

(b) the date of the inspection or reinspection;

(c) the signature of the certified milk inspector who conducted the inspection; and

(d) whether the dairy farm was in substantial compliance with sections 2.9 through 2.28 and sections 2.58 and 2.65 of this Part;

(iv) a record of the name of the owner, identification number and address of all dairy farms from which prepasteurized milk is assembled by the permit holder, frozen dessert licensee or melloream licensee;

(v) for analyses made by means of reading direct microscopic smears, the direct microscopic smears, and retain for at least 30 days;

(vi) if operating a milk plant at which frozen desserts are manufactured:

(a) a daily record of receipts and disposition of all ingredients, other than flavors, cocoa, chocolate, fruits, nuts, malted milk, confectionery, stabilizers, emulsifiers, microcrystalline cellulose and sweetening agents, and a monthly inventory of each ingredient for which a record is kept which reflects the name and address of the person from whom each ingredient was received;

(b) for each frozen dessert containing fat, a record setting forth the name of the frozen dessert, the name of the fat and the percent of fat contained in each frozen dessert;

(c) a daily record of each frozen dessert manufactured or received, the volume of each frozen dessert manufactured or received, and the fat content of each frozen dessert manufactured or received; and

(d) a biannual report setting forth the amount of each kind of frozen dessert manufactured, the ingredients used in the manufacture of each frozen dessert, and other information deemed necessary by the commissioner for the administration of this Part. A report shall be submitted to the commissioner on or before January 20 and on or before July 20 of each year, giving the required information for each of the six calendar months preceding such date;

(vii) such other records or materials required to be kept pursuant to the provisions of this Part;

(6) if operating a milk plant, receiving station, or a plant where frozen desserts are manufactured:

(i) handle and process and/or manufacture milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk, sheep milk products, frozen desserts and melloream in substantial compliance with sections 2.30 through 2.65 of this Part and with Appendices 3-11 to this Part; and

(ii) designate a processing plant superintendent (“PPS”) and ensure that he properly carries out his duties;

(7) receive, deal in, sell, offer for sale or otherwise distribute no milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk, sheep milk products, frozen desserts or melloream that do not comply with the applicable standards and requirements set forth in this Title and in the Agriculture and Markets Law, or that are in violation of any provision of this Title or of the Agriculture and Markets Law;

(8) receive, deal in, sell, offer for sale or otherwise distribute no milk, lowfat milk, skim milk, non-storable milk products, goat milk, non-storable goat milk products, sheep milk, non-storable sheep milk products or frozen desserts:

(i) the prepasteurized milk component of which has not been produced in substantial compliance with the provisions of this Part applicable to the production of Grade A prepasteurized milk;

(ii) the prepasteurized milk component of which does not meet the standards for prepasteurized milk for Grade A use set forth in section 2.8 of this Part;

(iii) which has not been processed or manufactured in compliance with the provisions of this Part applicable to the processing or manufacture of Grade A milk, lowfat milk, skim milk, non-storable milk products, goat milk, non-storable goat milk products, sheep milk, and non-storable sheep milk products; and

(iv) which do not meet the standards for such foods set forth in section 2.8 of this Part;

(9) properly carry out such other responsibilities and duties required of a general permit holder, frozen dessert licensee or melloream licensee pursuant to the provisions of this Part.

(b) Permit to sell raw milk.

(1) Every person who sells, offers for sale or otherwise makes available raw milk for consumption by consumers shall hold a permit to sell raw milk issued by the commissioner. A person who holds a permit to sell raw milk may sell, offer for sale or otherwise make available raw milk only:

(i) directly to a consumer;

(ii) on the dairy farm where such raw milk is produced;

(iii) in a bottle or in a single service container mechanically filled and capped as set forth in this Part or in a container provided by the consumer filled in his presence; and

(iv) if at the point of sale a sign is conspicuously posted, easily capable of being read, from such point, stating: “NOTICE: Raw milk sold here. Raw milk does not provide the protection of pasteurization.”

(2) A person who holds a permit to sell raw milk shall:

(i) ensure that the dairy farm at which the raw milk was produced is in substantial compliance with the provisions of this Part applicable to the production of Grade A prepasteurized milk;

(ii) sell, offer for sale or make available no raw milk when and as required in section 2.7(c) and (d) of this Part;

(iii) sell, offer for sale or make available no raw milk that exceeds the applicable temperature, drugs or abnormalities standard set forth in section 2.8 of this Part;

(iv) sell or offer for sale no raw milk that is in violation of any provision of this Title or of the Agriculture and Markets Law; and

(v) enroll in the Quality Milk Promotion Services when and/or as required by sections 2.7 and 2.60 of this Part.

(c) Permit to ship prepasteurized milk, milk, lowfat milk, skim milk, non-storable milk products, goat milk and sheep milk products into the State.

(1) Every person who ships prepasteurized milk, milk, lowfat milk, skim milk, non-storable milk products, goat milk or sheep milk into the State shall hold a permit issued by the commissioner. Such permit shall be known as a “permit to ship milk and milk products into the State.” A permit shall expire on June 30 and an application for renewal shall be made no later than June 1. An application for renewal shall be made 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 person who holds a permit to ship milk or milk products into the State shall:

(i) if shipping prepasteurized milk into the State:

(a) ensure that the prepasteurized milk if to be used in Grade A milk, Grade A lowfat milk, Grade A skim milk, Grade A non-storable milk products, Grade A goat milk or Grade A sheep milk, was produced on dairy farms in substantial compliance with rules and regulations substantially the same as the applicable provisions of this Part regulating the production of Grade A prepasteurized milk and that such prepasteurized milk complies with and meets the provision of section 2.8 of this Part for prepasteurized milk for Grade A use;

(b) ensure that the prepasteurized milk if not to be used in Grade A milk, Grade A lowfat milk, Grade A skim milk, Grade A non-storable milk products, Grade A goat milk or Grade A sheep milk was produced on dairy farms in substantial compliance with rules and regulations substantially the same as the applicable provisions of this Part regulating the production of non-Grade A prepasteurized milk and that such prepasteurized milk complies with and meets the provisions of section 2.8 of this Part for prepasteurized milk for non-Grade A use; and

(c) if shipping prepasteurized milk into the State for use in Grade A milk, Grade A lowfat milk, Grade A skim milk, Grade A non-storable milk products, Grade A goat milk or Grade A sheep milk, have an acceptable milk sanitation compliance and enforcement rating given by a State milk sanitation rating officer certified by FDA and have an Interstate Milk Shippers rating of 90 percent or higher;

(ii) if shipping milk, lowfat milk, skim milk, non-storable milk products, goat milk or sheep milk into the State shall:

(a) ensure:

(1) that the prepasteurized milk in such foods was produced on dairy farms in substantial compliance with rules and regulations substantially the same as the provisions of this Part regulating the production of Grade A prepasteurized milk;

(2) that such foods were processed or manufactured in substantial compliance with rules and regulations substantially the same as the provisions of this Part regulating the processing and manufacture of Grade A milk, lowfat milk, skim milk, non-storable milk products, goat milk and sheep milk;

(3) that such foods comply with and meet applicable provisions and standards set forth in the Agriculture and Markets Law and this Title; and

(4) that such foods are not in violation of the provisions of the Agriculture and Markets Law or of this Title nor is their possession, sale or distribution in violation of such law or of this Part;

(b) ensure that such foods have been processed or manufactured in a plant that currently possesses:

(1) an acceptable milk sanitation compliance and enforcement rating given by a state milk sanitation rating officer certified by the FDA; and

(2) an Interstate Milk Shippers rating of 90 percent or higher.

(3) A person who holds a permit to ship milk and milk products into the State shall also ensure that every milk tank truck containing commingled milk that he ships or causes to be shipped into the State contains documents available to the commissioner which set forth:

(i) the name and address of the person who holds the permit;

(ii) the name and address of the milk hauler; and

(iii) the weight of the commingled milk.

(d) Permit to produce milk.

Every dairy farmer who produces prepasteurized milk shall hold a permit to produce milk issued by the commissioner. A dairy farmer who holds a permit to produce shall:

(1) if his prepasteurized milk is to be used in milk, lowfat milk, skim milk, non-storable milk products, goat milk or sheep milk, operate his dairy farm in substantial compliance with the provisions of this Part applicable to the production of Grade A prepasteurized milk;

(2) if his prepasteurized milk is to be used in storable milk products, operate his dairy farm in substantial compliance with the provisions of this Part applicable to the production of non-Grade A prepasteurized milk;

(3) produce no prepasteurized milk that does not comply with the Agriculture and Markets Law;

(4) enroll in the Quality Milk Promotion Services Program (“QMPS”) when and as required in section 2.6(d) of this Part;

(5) review the Milk and Dairy Beef Residue Prevention Protocol, when and as required in section 2.7(e)(2) of this Part;

(6) deal in, sell, offer for sale or otherwise distribute no prepasteurized milk when and as required in section 2.7(c), (d) and (e) of this Part; and

(7) deal in, sell, offer for sale or otherwise distribute no prepasteurized milk that exceeds the temperature standard or fails to meet the abnormal milk standard set forth in section 2.8 of this Part.

(e) Granting, denying the renewal of, revoking and suspending permits.

(1) The provisions of this section shall apply to the granting, denying the renewal of, revoking and suspending permits required pursuant to this Part, unless otherwise provided in this Part. An applicant for a general permit, a permit to sell raw milk, a permit to ship milk and milk products into the State or a permit to produce 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. Except for a permit to ship milk and milk products into the State, a permit shall be effective until revoked or suspended. The commissioner may decline to grant or renew a permit, or may suspend or revoke a permit, upon due notice and opportunity for a hearing, when he is satisfied by substantial evidence that the applicant or permit holder:

(i) is not capable of complying with the requirements of this Part or of the Agriculture and Markets Law; or

(ii) has failed to comply with or has violated the requirements of this Part or of the Agriculture and Markets Law.

(2) A permit may be summarily suspended without a hearing if the commissioner has reason to believe that raw milk, prepasteurized milk, commingled milk, milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk or sheep milk products produced, possessed, processed, manufactured, sold, offered for sale or otherwise distributed by the permit holder create or appear to create, if consumed, an immediate hazard to human health. After summarily suspending a permit, the commissioner shall schedule a hearing to consider revocation of the permit, which hearing shall be held as soon as reasonably possible after the date the permit was suspended. The summary suspension shall be effective until the permit holder satisfies the commissioner that no raw milk, prepasteurized milk, commingled milk, milk, lowfat milk, skim milk, milk product, goat milk, goat milk product, sheep milk or sheep milk product creates, or appears to create, an immediate hazard to the public health.

1 CRR-NY 2.4 Labeling; identification of vehicles {#sec-1-crr-ny-2.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.4}

(a) A general permit holder who processes or manufacturers milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk or sheep milk products shall ensure that such foods are packaged and labeled in compliance with the applicable provisions of Parts 17, 38 and 221 of this Title. Milk, lowfat milk, skim milk, non-storable milk products, goat milk, non-storable goat milk products, sheep milk, non-storable sheep milk products or frozen desserts may be labeled “Grade A” if the prepasteurized milk in such foods was produced, and if such foods were processed or manufactured, in compliance with the applicable requirements of this Part.

(b) A general permit holder who processes or manufactures milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk or sheep milk products, a person who ships milk or milk products into the State, a person holding a frozen desserts license and a person holding a melloream license shall ensure that:

(1) all commercial bulk shipping containers containing milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk, sheep milk products, frozen desserts and melloream are legibly marked with the name of the food, net weight or content, and name and address of the processor or manufacturer and distributor, if applicable; and

(2) all packages containing foods set forth in paragraph (1) of this subdivision for sale directly to consumers shall be legibly marked with the name of the food, net weight or content, and name and address of the processor, manufacturer, packer or distributor. If the name and address is not the name and address of the processor or manufacturer, the processor's or manufacturer's plant number shall appear on the package.

(c) A general permit holder in control of the assembly of the milk, a general permit holder who processes or manufactures milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk or sheep milk products, and a person who holds a permit to ship milk and milk products into the State shall ensure that every vehicle containing commingled milk operated by him or that he has caused to be operated shall have the name and address of such permit holder prominently displayed and/or the name and address of the milk hauler transporting the food(s) prominently displayed. Such name(s) and address(es) shall be plainly visible from 20 yards away.

1 CRR-NY 2.5 Inspections {#sec-1-crr-ny-2.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.5}

The general permit holder who controls the assembly of the milk shall ensure that all dairy farms from which prepasteurized milk is received are inspected or reinspected:

(a) at least once every six months. Ten percent of all inspections done in a six month period shall be conducted at milking time;

(b) prior to beginning to ship prepasteurized milk to such general permit holder;

(c) promptly when prepasteurized milk is determined to exceed the standards set forth in section 2.8 of this Part; and

(d) promptly when the dairy farm is not in substantial compliance with sections 2.9 through 2.28 and sections 2.58 and 2.65 of this Part.

1 CRR-NY 2.6 Certified milk inspectors and processing plant superintendents {#sec-1-crr-ny-2.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.6}

(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.

1 CRR-NY 2.7 Sampling and analysis of prepasteurized milk; requirements when prepasteurized milk fails to meet standards set forth in section 2.8 of this Part {#sec-1-crr-ny-2.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.7}

(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.

1 CRR-NY 2.8 Quality standards {#sec-1-crr-ny-2.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.8}

| Milk and milk products | | Standards | | --- | --- | --- | | Prepasteurized milk for Grade A use | Temperature | Cooled to 45°F (7°C) or less within two hours after milking, provided that the blend temperatures following subsequent milkings shall not exceed 50°F (10°C). | | | Bacterial limits | Individual producer milk not to exceed 100,000 per ml. prior to commingling with other producer milk. Not to exceed 300,000 per ml. as commingled milk prior to pasteurization. | | | Drugs | Not to exceed the applicable standard or tolerance set forth in transmittals supplementing the PMO bearing identification numbers M–1–94–4, IMS–a–30, M–1–91–6, M–1–92–1, M–1–92–10, M–1–92–14 and M-a-86, more fully described in section 2.2(kk)(14), (15), (16), (17), (20), (21) and (22) of this Part. | | | Abnormalities | Milk to have normal odor and appearance. | | | Somatic cells | Not to exceed 750,000 per ml. for prepasteurized milk from cows. | | Prepasteurized milk for non–Grade A use | Temperature | In cans, cooled to 55°F (13°C) or lower within two hours after milking and delivered to the plant at 60°F (16°C) or lower. In bulk, cooled to 45°F (7°C) or less within two hours provided that the blend temperatures following subsequent milkings shall not exceed 50°F (10°C). | | | Bacterial limits | Not to exceed 1,000,000 per ml. prior to commingling with other producer milk. Not to exceed 3,000,000 per ml. as commingled milk prior to pasteurization. | | | Drugs | Not to exceed the applicable standard or tolerance set forth in transmittals supplementing the PMO bearing identification numbers M–1–94–4, IMS–a–30, M–1–91–6, M–1–92–1, M–1–92–10, M–1–92–14 and M-a-86, more fully described in section 2.2(kk)(14), (15), (16), (17), (20), (21) and (22) of this Part. | | | Abnormalities | Has normal odor and appearance. | | | Somatic cells | Not to exceed 750,000 per ml. for prepasteurized milk from cows. | | Pasteurized milk, low fat milk, skim milk, milk products, goat milk, goat milk products, sheep milk and sheep milk products, melloream, frozen desserts and frozen dessert mix | Temperature | Cooled to 45°F (7°C) or less and maintained thereat. | | | Bacterial limits* | 20,000 per ml. except with respect to frozen desserts, not to exceed 100,000 per ml. | | | Coliform | Not to exceed 10 per ml. except with respect to frozen desserts, not to exceed 20 per ml.; provided, that in the case of bulk milk transport tank shipments, shall not exceed 100 per ml. | | | Phosphatase | Less than 1 microgram per ml. by the Scharer Rapid Method or equivalent. | | | Drugs | Not to exceed the applicable standard or tolerance set forth in transmittals supplementing the PMO bearing identification numbers M–1–94–4, IMS–a–30, M–1–91–6, M–1–92–1, M–1–92–10, M–1–92–14 and M-a-86, more fully described in section 2.2(kk)(14), (15), (16), (17), (20), (21) and (22) of this Part. | | Raw milk | Temperature | Cooled to 45°F (7°C) | | | Bacterial limits | 30,000 per ml. | | | Drugs | Not to exceed the applicable standard or tolerance set forth in transmittals supplementing the PMO bearing identification numbers M–1–94–4, IMS–a–30, M–1–91–6, M–1–92–1, M–1–92–10, M–1–92–14 and M-a-86, more fully described in section 2.2(kk)(14), (15), (16), (17), (20), (21) and (22) of this Part. | | | Abnormalities | Milk to have normal odor and appearance. | | | Somatic cells | Not to exceed 750,000 per ml. for raw milk from cows. | | Pasteurized cultured products | Temperature | Same as pasteurized milk. | | | Coliform | Same as pasteurized milk. | | | Phosphatase | Same as pasteurized milk. |

Butter, 80% cream, plastic cream, mixtures of butterfat, sugar or sweetening agent, moisture and flavoring shall conform to the following:

| | | | --- | --- | | | SPC not to exceed 100,000 per gram, coliform count not to exceed 20 per gram, yeast and/or mold not to exceed 100 per gram | | Nonpasteurized frozen desserts | SPC not to exceed 100,000 per gram, coliform count not to exceed 20 per gram | | Whipped cream, instant whipped cream, instant vegetable topping, milkshake | SPC not to exceed 100,000 per gram, coliform count not to exceed 20 per gram |

Dry whole milk when used as an ingredient in a frozen dessert or a Grade A non-storable milk product shall be U.S.D.A. extra grade or its equivalent. Nonfat dry milk, dry whey and dry buttermilk when used as an ingredient in a frozen dessert or a Grade A non-storable milk product shall meet the requirements of the U.S.D.A. extra grade or its equivalent. Fats and oils other than from milk shall conform to the applicable provisions of the United States Food, Drug and Cosmetic Act as amended or those of any applicable State regulation for fats and oils of food grade standard.

| | | | --- | --- | | Condensed milk, condensed whey mixes, blends and similar products received in bulk shall conform to the following: | SPC not to exceed 100,000 per gram, coliform count not to exceed 100 per gram | | Milk products and goat milk products separated from milk or goat milk heated between 45°F and 125°F | Not to exceed the temperature and drug standard and bacterial limit for prepasteurized milk for Grade A use | | Milk products and goat milk products separated from milk or goat milk heated to a temperature greater than 125°F and less than 161°F | Not to exceed the temperature and drug standard and bacterial limit for pasteurized milk, lowfat milk, skim milk, milk products, goat milk, goat milk products and frozen desserts |

SANITATION REQUIREMENTS FOR DAIRY FARMS SANITATION REQUIREMENTS FOR DAIRY FARMS

1 CRR-NY 2.9 Milking barn, stable or parlor—construction and maintenance—Item 2r {#sec-1-crr-ny-2.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.9}

(a) A milking barn, stable or parlor shall be provided on all dairy farms in which the milking herd shall be housed during milking time operations. The areas used for milking purposes shall meet the following requirements:

(1) Floors, feed troughs (and gutters if present) shall be constructed of good quality concrete or equally impervious material. Floors shall be constructed so as to be easily cleaned (brushed surfaces permitted) and shall be graded to drain.

(2) Walls and ceilings are finished with wood, tile, smooth-surfaced concrete, cement plaster, brick or other equivalent materials with light-colored surfaces. Walls, partitions, doors, shelves, windows and ceilings shall be kept in good repair, and surfaces shall be refinished whenever wear or discoloration is evident. Whenever feed is stored overhead, ceilings shall be constructed to prevent the sifting of chaff and dust into the milking barn, stable or parlor. If a hay opening is provided from the loft into the milking portion of the barn, such opening shall be provided with a dust-tight door which shall be kept closed during milking operations.

(3) Separate pens shall be provided for bulls, horses and calves. These areas shall be separated by tight partitions from the milking area. Such portion of the barn not so separated shall comply with all items of this section. In addition, a curbing shall be provided to separate horses, bulls and calves from the milking area. The curbing shall effectively eliminate the flow of manure and urine from such areas.

(4) The milking barn is provided with sufficient light to insure that all surfaces and particularly the working areas will be plainly visible. The equivalent of at least 10 foot-candles of light in all working areas shall be provided; notwithstanding the foregoing, a dairy farm which produces milk for non-Grade A shall be exempt from the 10 foot-candles requirement of this paragraph.

(5) Air circulation is sufficient to minimize odors and to prevent condensation upon walls and ceilings.

(6) Overcrowding is not evidenced by the presence of calves, cows or other barnyard animals in walks or feed alleys. Inadequate ventilation and excessive odors may also be evidence of an overcrowded barn.

(7) A dust-tight partition, provided with doors that are kept closed except when in actual use, shall separate the milking portion of the barn from any feed room or silo in which feed is ground or mixed, or in which sweet feed is stored. Feed may be stored in the milking portion of the barn only in such manner as will not increase the dust content of the air, attract flies or interfere with cleaning of the floor (as in covered, dust-tight boxes or bins). Open feed dollies or carts may be used for distributing the feed, but not storing feed, in the milking barn.

(b) When conditions warrant, the commissioner may approve a barn without four walls extending from floor to roof, or a shed-type barn provided the requirement of section 2.10 of this Part (Item 3r) prohibiting animals and fowl entering the barn is satisifed. Cattle-housing areas (stables without stanchions, such as loose-housing stables, pen stables, resting barns, free-stall barns, holding barns, loafing sheds, wandering sheds) may be of shed-type construction, provided no milking is conducted therein. They are classified as part of the cowyard under section 2.11 of this Part (Item 4r).

1 CRR-NY 2.10 Milking barn, stable or parlor — cleanliness — Item 3r {#sec-1-crr-ny-2.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.10}

The interior of the milking barn, stable or parlor shall meet the following standards of cleanliness:

(a) The interior of such facilities shall be kept clean.

(b) Leftover feed in feed mangers appears fresh and is not wet or soggy.

(c) The bedding material, if used, does not contain more manure than has accumulated since the previous milking.

(d) Outside surfaces of pipeline systems located in the milking barn, stable or parlor are reasonably clean.

(e) Gutter cleaners are reasonably clean.

(f) All pens, calf stalls and bull pens, if not separated from the milking barn, stable or parlor, are clean.

(g) Swine and fowl are kept out of the milking barn.

1 CRR-NY 2.11 Cowyard—Item 4r {#sec-1-crr-ny-2.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.11}

Cowyards shall meet the following requirements:

(a) The cowyard, which is the enclosed or unenclosed area adjacent to the milking barn, in which the cows may congregate, including cattle-housing areas and feed lots, is graded and drained; depressions and soggy areas are filled; cow lanes are reasonably dry.

(b) Approaches to the barn door and the surroundings of stock watering and feeding stations are solid to the footing of the animal.

(c) Wastes from the barn or milkhouse are not allowed to pool in the cowyard. Cowyards which are muddy due to recent rains should not be considered as violating this item.

(d) Manure, soiled bedding and waste feed are not stored or permitted to accumulate therein in such a manner as to permit the soiling of cows' udders and flanks. Cattle-housing areas (stables without stanchions, such as loose-housing stables, pen stables, resting barns, holding barns, loafing sheds, wandering sheds, free-stall housing) shall be considered a part of the cowyard. Manure packs shall be solid to the footing of the animal.

(e) Cowyards are kept reasonably free of cattle droppings. Cattle droppings shall not be allowed to accumulate in piles that are accessible to the animals.

1 CRR-NY 2.12 Milkhouse or room—construction and facilities—Item 5r {#sec-1-crr-ny-2.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.12}

The milkhouse or room shall meet the following construction requirements:

(a) A separate milkhouse of sufficient size is provided in which the cooling, handling and storing of milk, and the washing, sanitizing and storing of milk containers and utensils shall be conducted; except as provided for in section 2.19 of this Part (Item 12r).

(b) The floors of all milkhouses are constructed of good quality concrete (float finish permissible), or equally impervious tile, or brick laid closely with impervious material, or metal surfacing with impervious joints, or other material the equivalent of concrete and maintained free of breaks, depressions and surface peelings.

(c) The floor slopes to drain so that there are no pools of standing water. The joints between the floor and the walls shall be watertight.

(d) The liquid wastes are disposed of in a sanitary manner; all floor drains are accessible and are trapped if connected to a sanitary sewer.

(e) Walls and ceilings are constructed of smooth-dressed lumber or similar material, well-painted with a light-colored washable paint, and are in good repair. Surfaces and joints shall be tight and smooth. Sheet metal, tile, cement block, brick, concrete, cement plaster or similar materials of light color may be used; the surfaces and joints shall be smooth.

(f) A minimum of 20 foot-candles of light is provided at all working areas from natural and/or artificial light for milkhouse operations.

(g) Windows and solid doors are closed during dusty weather.

(h) The milkhouse is adequately ventilated to minimize odors and condensation on floors, walls, ceilings and clean utensils.

(i) Vents, if installed, and lighting fixtures are installed in a manner to preclude the contamination of bulk milk tanks or clean utensil storage areas.

(j) The milkhouse is used for no other purpose than milkhouse operations.

(k) There is no direct opening into any barn, stable or room used for domestic purposes; except that an opening between the milkhouse and milking barn, stable or parlor is permitted when a tight-fitting self-closing solid door(s) hinged to be single or double acting is provided.

(l) A vestibule, if used, complies with the applicable milkhouse construction requirements.

(m) The transfer of milk from a bulk-holding/cooling tank to a transport tank is through a hose port located in the milkhouse wall. The port shall be fitted with a tight door, which shall be in good repair. It shall be kept closed except when the port is in use. An easily cleanable surface shall be constructed under the hose port, adjacent to the outside wall, sufficiently large to protect the milk hose from contamination. Such surface shall be at least 36 inches wide and shall extend from the working area at the rear of the bulk tank truck to the hose port.

(n) Water under pressure is piped into the milkhouse; provided, however, that a dairy farm that produces prepasteurized milk for non-Grade A use shall have water available to the milkhouse.

(o) Each milkhouse is provided with facilities for heating water in sufficient quantity and to such temperatures for the effective cleaning of all equipment and utensils; provided, however, that a dairy farm that produces prepasteurized milk for non-Grade A use shall have water available to the milkhouse in sufficient quantities and heated to sufficient temperatures to properly clean all equipment and utensils.

(p) The milkhouse is equipped with a wash-and-rinse vat having at least two compartments. Each compartment must be of sufficient size to accommodate the largest utensil or container used. The cleaning-in-place vat for milk pipelines and milk machines may be accepted as one part of the two-compartment vat; provided, that the cleaning-in-place station rack in or on the vat and the milking machine inflations and appurtenances are completely removed from the vat during the washing, rinsing and/or sanitizing of other utensils and equipment.

(q) A suitable shelter is provided for a transportation truck used for cooling and storing milk. Such shelter shall be adjacent to, but not a part of, the milkroom and shall comply with the requirements of the milkroom with respect to construction, light, drainage, insect and rodent control, and general maintenance.

1 CRR-NY 2.13 Milkhouse or room—cleanliness—Item 6r {#sec-1-crr-ny-2.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.13}

The milkhouse or room shall meet the following cleanliness requirements:

(a) The milkroom structure, equipment and other milkroom facilities used in its operation or maintenance are clean at all times.

(b) Incidental articles such as desks, refrigerators and storage cabinets may be in the milkroom, provided they are kept clean and ample space is available to conduct the normal operations in the milkroom and will not cause contamination of the milk.

(c) Vestibules, if provided, are kept clean.

(d) Animals and fowl are kept out of the milkroom.

1 CRR-NY 2.14 Toilet—Item 7r {#sec-1-crr-ny-2.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.14}

Toilet facilities shall meet the following standards:

(a) There is at least one flush toilet connected to a public sewer system or to an individual sewage-disposal system or a chemical toilet, earth pit privy or other type of privy. Such sewerage systems shall be constructed and operated in accordance with plans and instructions acceptable to the commissioner.

(b) A toilet or privy is convenient to the milking barn and the milkroom. There shall be no evidence of human defecation or urination about the premises.

(c) No privy opens directly into the milkroom.

(d) The toilet room, including all fixtures and facilities, is kept clean and free of flies and odors.

(e) Where flush toilets are used, doors to toilet rooms are tight and self-closing. All outer openings in toilet rooms shall be screened or otherwise protected against the entrance of flies.

(f) Vents of earth pits are screened.

1 CRR-NY 2.15 Water supply—Item 8r {#sec-1-crr-ny-2.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.15}

The water supply shall meet the following requirements:

(a) Water for milkhouse and milking operation shall be from a supply properly located, protected and operated, and shall be easily accessible, adequate and of a safe, sanitary quality.

(b) The water supply shall contain an MPN (most probable number of coliform organisms) of less than 1.1 per 100 ml by the multiple tube fermentation method, or less than 1.1 per 100 ml by the membrane filter technique, or absent (less than 1 per 100 ml) by the chromogenic substrate (MMO-MUG) presence-absence method.

(c) No cross-connection shall exist between a safe water supply and any unsafe or questionable water supply, or any other source of pollution.

(d) There shall be no submerged inlets through which a safe water supply may be contaminated.

(e) The well or other source of water shall be located and constructed in such a manner that neither underground nor surface contamination from any sewerage systems, privy or other source of pollution can reach such water supply. All drilled wells constructed after the effective date of this Part shall have casings extended above the surface level of the surrounding ground.

(f) New individual water supplies and water supply systems which have been repaired or otherwise become contaminated shall be thoroughly disinfected before being placed in use. The supply shall be made free of the disinfectant by pumping to waste before any sample for bacteriological testing shall be collected.

(g) Water supplies which are otherwise found satisfactory but which are unable to meet the bacteriological standards set forth in this section shall be subjected to continuous disinfection by a method and with equipment acceptable to the commissioner.

(h) All containers and tanks used in the transportation of water shall be sealed and protected from possible contamination. These containers and tanks shall be subjected to a thorough cleaning and a bacteriological treatment prior to filling with potable water to be used at the dairy farm. To minimize the possibility of contamination of the water during its transfer from the potable tanks to the elevated or groundwater storage at the dairy farm, a suitable pump, hose and fittings shall be provided. When the pump hose and fitting are not being used, the outlets shall be capped and stored in a suitable dust-proof enclosure so as to prevent their contamination. The storage tank at the dairy farm shall be constructed of impervious material provided with a dustproof and rainproof cover, and also provided with an approved-type vent and roof hatch. All new reservoirs or reservoirs which have been cleaned shall be disinfected prior to placing them into service.

(i) Samples for bacteriological examination shall be taken upon the initial approval of the physical structure based upon the requirements of this Part and when any repair or alteration of the water supply system has been made, and at least every three years; provided, that water supplies with buried well casing seals, installed prior to the adoption of this section, shall be tested at intervals no greater than six months apart. Whenever such samples indicate either the presence of bacteria of the coliform group, or whenever the well casing, pump or seal need replacing or repair, the well casing and seal shall be brought above the ground surface and shall comply with all other applicable construction criteria of this section; provided, that when water is hauled to the dairy farm, such water shall be sampled for bacteriological examination at the point of use and submitted to a laboratory each month. Bacteriological examinations shall be conducted in an officially designated laboratory.

(j) Current records of water tests shall be retained on file at the dairy farm.

1 CRR-NY 2.16 Utensils and equipment—construction—Item 9r {#sec-1-crr-ny-2.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.16}

Construction of utensils and equipment shall meet the following requirements:

(a) All multiuse containers, equipment and utensils which are exposed to milk or milk products, or from which liquids may drip, drain or be drawn into milk or milk products are made of smooth, impervious, nonabsorbent, safe materials of the following types:

(1) stainless steel of the AISI (American Iron and Steel Institute) 300 series;

(2) equally corrosion-resistant, nontoxic metal;

(3) heat-resistant glass; or

(4) plastic or rubber and rubberlike materials which are relatively inert, resistant to scratching, scoring, decomposition, crazing, chipping and distortion under normal use conditions; are nontoxic, fat-resistant, relatively nonabsorbent, relatively insoluble, do not release component chemicals or impart flavor or odor to the product, and which maintain their original properties under repeated-use conditions.

(b) Single-service articles have been manufactured, packaged, transported and handled in a sanitary manner and comply with the applicable requirements of section 2.39 of this Part (Item 11p).

(c) Articles intended for single-service use are not reused.

(d) All containers, equipment and utensils are free of breaks and corrosion.

(e) All joints in such containers, equipment and utensils are smooth and free from pits, cracks or inclusions.

(f) Cleaned-in-place milk pipelines and return-solution lines are self-draining. If gaskets are used, they shall be self-positioning and of material meeting specifications described in paragraph (a)(4) of this section, and shall be of such design, finish and application as to form a smooth, flush interior surface. If gaskets are not used, all fittings shall have self-positioning faces designed to form a smooth, flush interior surface. All interior surfaces of welded joints in pipelines shall be smooth and free of pits, cracks and inclusions.

(g) Detailed plans for clean-in-place pipeline systems are submitted to the commissioner for written approval prior to installation. No alteration or addition shall be made to any milk pipeline system without prior written approval of the commissioner.

(h) Strainers, if used, are of perforated metal design, or so constructed as to utilize single-service strainer media.

(i) Seamless hooded pails having an opening not exceeding one-third the area of that of an open pail of the same size are used for hand milking and hand stripping.

(j) All milking machines, including heads, milk claws, milk tubing and other milk-contact surfaces can be easily cleaned and inspected.

(k) Milk cans have umbrella-type lids.

(l) Farm holding/cooling tanks, welded sanitary piping and transportation tanks comply with the applicable requirements of sections 2.38 and 2.39 of this Part (Items 10p and 11p).

1 CRR-NY 2.17 Utensils and equipment—cleaning (Item 10r) {#sec-1-crr-ny-2.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.17}

The product contact surfaces of all multiuse containers, equipment and utensils used in the handling, storage or transportation of milk shall be cleaned after each usage. Bulk tanks and milk cans shall be clean when emptied and shall be emptied at least once every 48 hours, except bulk tanks and milk cans used on a dairy farm that produces prepasteurized milk for non-Grade A use shall be emptied and cleaned at least once every 72 hours.

1 CRR-NY 2.18 Utensils and equipment—sanitization—Item 11r {#sec-1-crr-ny-2.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.18}

Utensils and equipment shall meet the following requirements for sanitization. All product-contact surfaces of multiuse containers, utensils and equipment used in the handling, storage or transportation of milk are sanitized before each usage by one of the following methods, or by any method which has been demonstrated to be equally effective:

(a) Complete immersion in hot water at a temperature of at least 170°F (77°C) for at least five minutes, or exposure to a flow of hot water at a temperature of at least 170°F (77°C) as determined by use of a suitable accurate thermometer (at the outlet) for at least five minutes.

(b) Complete immersion for at least one minute in, or exposure of, at least one minute to, a flow of chemical sanitizer of acceptable strength. All product-contact surfaces must be wetted by the sanitizing solution, and piping so treated must be filled. Sanitizing sprays may be used. Chemical solutions, once used, shall not be reused for sanitizing but may be reused for other purposes.

1 CRR-NY 2.19 Utensils and equipment—storage—Item 12r {#sec-1-crr-ny-2.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.19}

Utensils and equipment shall meet the following storage requirements:

(a) All milk containers, utensils and equipment, including milking machine vacuum hoses, are stored in the milkhouse in a sanitizing solution, or on racks, until used. Milk pipelines and pipeline milking equipment such as: milker claws, inflations, weigh jars, meters, milk hoses, milk receivers and milk pumps which are designed for mechanical cleaning may be mechanically cleaned, sanitized and stored in the milking barn or parlor provided this equipment is designed, installed and operated to protect the product and solution-contact surface from contamination at all times. Some of the parameters to be considered in determining protection are: proper location of equipment, proper drainage of equipment and adequate and properly located lighting and ventilation. The milking barn or parlor must be used only for milking. Concentrates may be fed in the barn during milking but the barn shall not be used for the housing of cattle. When manual cleaning of product-contact surfaces is necessary, the cleaning shall be done in the milkhouse.

(b) Means are provided to effect complete drainage of equipment when such equipment cannot be stored to drain freely.

(c) Clean cans or other containers are stored in the milkhouse within a reasonable time after delivery to the dairy farm.

(d) Strainer pads, parchment papers, gaskets and similar single-service articles are stored in a suitable container or cabinet and protected against contamination.

1 CRR-NY 2.20 Utensils and equipment—handling—Item 13r {#sec-1-crr-ny-2.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.20}

Utensils and equipment handling shall meet the following requirements:

After sanitization, all containers, utensils and equipment shall be handled in such manner as to prevent contamination of any product-contact surface.

(a) Sanitized product-contact surfaces, including farm cooling tank openings and outlets, are protected against contact with unsanitized equipment and utensils, hands, clothing, splash, condensation and other sources of contamination.

(b) Any sanitized product-contact surface, which has been otherwise exposed to contamination, is again cleaned and sanitized before being used.

1 CRR-NY 2.21 Milking—flanks, udders and teats—Item 14r {#sec-1-crr-ny-2.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.21}

Milking practices shall meet the following requirements:

(a) Milking is done in a milking barn, stable or parlor.

(b) Brushing is completed prior to milking.

(c) Flanks, bellies, tails and udders are clipped as often as necessary to facilitate cleaning of these areas and are free from dirt. The hair on the udders shall be of such length that it is not incorporated with the teat in the inflation during milking.

(d) Udders and teats of all milking cows are cleaned and treated with a sanitizing solution and are relatively dry just prior to milking.

(e) Wet-hand milking is prohibited.

1 CRR-NY 2.22 Milking—surcingles, milk stools and antikickers—Item 15r {#sec-1-crr-ny-2.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.22}

The milking equipment cited here shall meet these requirements:

(a) Milk stools are not padded and are constructed to be easily cleaned.

(b) Milk stools, surcingles and antikickers are kept clean and are stored above the floor in a clean place in the milking barn, stable, parlor or milkhouse, when not in use.

1 CRR-NY 2.23 Protection from contamination—Item 16r {#sec-1-crr-ny-2.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.23}

Protection from contamination requires compliance with the following:

(a) Equipment and operations are so located within the milking barn and milkhouse as to prevent overcrowding and contamination of cleaned and sanitized containers, equipment and utensils by splash, condensation or manual contact.

(b) During processing, pipelines and equipment used to contain or conduct milk and milk products shall be effectively separated from tanks or circuits containing cleaning and/or sanitizing solutions.

(c) All milk which has overflowed, leaked, been spilled or improperly handled is discarded.

(d) All product-contact surfaces of containers, equipment and utensils are covered or otherwise protected to prevent the access of insects, dust, condensation and other contamination. All openings, including valves and piping attached to milk storage and transport tanks, pumps or vats, shall be capped or otherwise properly protected.

(e) The receiving receptacle is raised above the floor (as on a dolly or cart), or placed at a distance from the cows to protect it against manure and splash when milk is poured and/or strained in the milking barn. Such receptacle shall have a tight-fitting cover which shall be closed except when milk is being poured.

(f) Each pail or container of milk is transferred immediately from the milking barn, stable or parlor to the milkhouse.

(g) Pails, cans and other equipment containing milk are properly covered during transfer and storage.

(h) Whenever air under pressure is used for the agitation or movement of milk, or is directed at a milk-contact surface, it is free of oil, dust, rust, excessive moisture, extraneous materials and odor and shall otherwise comply with the applicable standards of Appendix A.

(i) Antibiotics and medicinals are stored in such a manner that they cannot contaminate the milk or milk product-contact surfaces of the equipment, containers or utensils.

(j) Equipment, materials, substances and operations comply and are consistent with the applicable provisions of transmittals to the PMO bearing identification numbers M-1-88-5, M-1-88-9, M-1-88-5 (Sup 1), M-1-90-9, M-1-92-10 and M-1-92-14, more fully described in section 2.2(kk)(1), (2), (3), (11) and (12) of this Part.

1 CRR-NY 2.24 Personnel—hand-washing facilities—Item 17r {#sec-1-crr-ny-2.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.24}

The following hand-washing facilities are required:

(a) Hand-washing facilities are located in the milkhouse and in or convenient to the milking barn, stable, parlor or flush toilet.

(b) Hand-washing facilities include soap or detergent, hot and cold or warm water, individual sanitary towels and a lavatory fixture. Utensil wash and rinse vats shall not be considered as hand-washing facilities.

(c) Such facilities are to be kept in good repair, clean, and shall not be used for storage.

1 CRR-NY 2.25 Personnel—cleanliness—Item 18r {#sec-1-crr-ny-2.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.25}

All persons shall meet the following requirements:

(a) Hands are washed clean and dried with an individual sanitary towel immediately before milking, before performing any milkhouse function, and immediately after the interruption of any of these activities.

(b) Milkers and milk haulers wear clean outer garments while milking or handling milk, milk containers, utensils or equipment.

1 CRR-NY 2.26 Cooling—Item 19r {#sec-1-crr-ny-2.26 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.26}

Milk shall be cooled in accordance with the following requirements:

(a) Prepasteurized milk for Grade A use is cooled to 45°F (7°C) or less within two hours after milking; provided, that the blend temperatures of subsequent milkings shall not exceed 50°F (10°C). Prepasteurized milk for non-Grade A use is cooled to 55°F (13°C) or less within two hours after milking and received by the milk plant at 60°F (16°C) or less, except that morning milk need not be cooled if received by a milk plant, receiving station or transfer station before 10:00 a.m.

(b) Recirculated cold water which is used in plate or tubular coolers or heat exchangers is from a safe source and protected from contamination. Such water shall be tested semiannually and shall comply with the bacteriological standards cited in section 2.15 of this Part (Item 8r).

1 CRR-NY 2.27 Vehicles—Item 20r {#sec-1-crr-ny-2.27 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.27}

Vehicles used to transport milk must meet the following requirements:

(a) Vehicles used to transport milk from the dairy farm to the milk plant or receiving station are constructed and operated to protect their contents from sun, freezing and contamination.

(b) Vehicles have bodies with solid enclosures and tight, solid doors.

(c) Vehicles are kept clean, inside and out.

(d) No substance capable of contaminating the milk is transported with the milk.

(e) All openings on milk transport tanks shall be sealed after washing and sanitizing and shall be so maintained. Sealed manholes, which are opened for observation of milk level, shall be immediately resealed. Rear doors on farm tank pick-up vehicles need not be sealed between farms or from farms to receiving station if under the immediate supervision of a person licensed pursuant to section 57 of the Agriculture and Markets Law.

Note:

See sections 2.16 and 2.17 of this Part (Items 9r and 10r) for information on the construction of bulk milk pickup tankers.

1 CRR-NY 2.28 Insect and rodent control—Item 21r {#sec-1-crr-ny-2.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.28}

Effective measures shall be taken to prevent the contamination of milk, containers, equipment and utensils by insects and rodents, and by chemicals used to control such vermin:

(a) Surroundings are kept neat, clean and free of conditions which might harbor or be conducive to the breeding of insects and rodents. During fly season, manure shall be spread directly on the fields; or stored for not more than four days in a pile on the ground surface, and then spread on the fields; or stored for not more than seven days in an impervious-floored bin, or on an impervious-curbed platform and then spread; or stored in a tight-screened and trapped manure shed; or effectively treated with larvicides; or disposed of in any other manner which controls insect breeding.

(b) Manure packs in loafing areas, stables without stanchions, pen stables, resting barns, wandering sheds and free-stall housing are properly bedded and managed to prevent fly breeding.

(c) Milkrooms are free of insects and rodents.

(d) Milkrooms are effectively screened or otherwise protected against the entrance of vermin.

(e) Outer milkhouse doors are tight and self-closing. Screen doors shall open outward.

(f) Effective measures are taken to prevent the contamination of milk, containers, utensils and equipment by insects and rodents, and by chemicals used to control such vermin. Insecticides and rodenticides not approved for use in the milkhouse shall not be stored in the milkhouse.

(g) Only insecticides and rodenticides approved for use by the commissioner and/or registered with the U.S. Environmental Protection Agency are used for insect and rodent control.

(h) Insecticides and rodenticides are used only in accordance with manufacturer's label directions and are used so as to prevent the comtamination of milk, milk containers, equipment, utensils, feed and water.

SANITATION REQUIREMENTS APPLICABLE TO THE PROCESSING AND MANUFACTURING OF MILK, LOWFAT MILK, SKIM MILK, MILK PRODUCTS, GOAT MILK, GOAT MILK PRODUCTS, SHEEP MILK PRODUCTS, MELLOREAM AND FROZEN DESSERTS SANITATION REQUIREMENTS APPLICABLE TO THE PROCESSING AND MANUFACTURING OF MILK, LOWFAT MILK, SKIM MILK, MILK PRODUCTS, GOAT MILK, GOAT MILK PRODUCTS, SHEEP MILK PRODUCTS, MELLOREAM AND FROZEN DESSERTS

1 CRR-NY 2.29 Definitions {#sec-1-crr-ny-2.29 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.29}

The definitions in section 2.2 of this Part shall apply to all of the sections of this Part, except that the definitions set forth herein shall apply to sections 2.30 through 2.65 of this Part and shall supersede the definitions for the same words set forth in section 2.2 of this Part.

(a) Adequate means that which is needed to accomplish the intended purpose in keeping with good public health practice.

(b) Allergen cross-contact means the unintentional incorporation of a food allergen into a food.

(c) Defect action level means a level of a non-hazardous, naturally occurring, unavoidable defect at which the department may regard a food as adulterated and subject to enforcement action.

(d) Food means:

(1) milk and milk products, melloream, and frozen desserts;

(2) articles used for food or drink by humans and animals; and

(3) articles used for components of any such article, and includes raw materials and ingredients.

(e) Food allergen means milk, shellfish, eggs, fish, tree nuts, peanuts, wheat, soybeans, and all ingredients derived from such foods, except that a food or an ingredient is not a food allergen if it is, exclusively, a highly-refined oil derived from a food allergen or an ingredient derived from such highly-refined oil.

(f) Food-contact surfaces means those surfaces that contact human food and those surfaces from which drainage, or other transfer, onto the food or onto surfaces that contact the food ordinarily occurs during the normal course of operations. Food contact surfaces include utensils and food-contact surfaces of equipment.

(g) Frozen desserts means ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice cream, ice milk, freezer made shakes, fruit sherbet, water ice, quiescently frozen confection, quiescently frozen dairy confection, manufactured desserts mix, frozen confection, mellorine frozen dessert as all such products are commonly known, together with any mix used in such frozen desserts, and any products which are similar in appearance, odor or taste to such products, or are prepared or frozen as frozen desserts are customarily prepared or frozen, whether made with dairy products or non-dairy products.

(h) Holding means storage of food and also includes activities performed incidental to storage of a food.

(i) Manufacturing/processing means making food from one or more ingredients, or synthesizing, preparing, treating, modifying, or manipulating food.

(j) Melloream means any substance, mixture or compound regardless of the name by which it is represented, which contains vegetable fats or oils and proteins derived from animal or vegetable sources, and whose appearance, odor and taste is similar to cream, half and half, milk or a mixture of milk and cream, to the point of rendering these products difficult to differentiate from each other.

(k) Milk means milk and/or prepasteurized milk as defined in subdivisions (y) and (mm), respectively, of section 2.2 of this Part, as the context requires.

(l) Milk products means goat milk products, milk products, and/or sheep milk products, as defined in subdivisions (r,) (cc), and (vv), respectively, of section 2.2 of this Part, as the context requires.

(m) Packing means placing food into a container other than packaging the food and also includes re-packing and activities performed incidental to packing or repacking a food.

(n) Pasteurized milk means milk, lowfat milk and skim milk, goat milk and/or sheep milk as defined in subdivisions (y), (w), (ww), (q) and (uu), respectively, of section 2.2 of this Part, as the context requires.

(o) Pest means any objectionable animals or insects including birds, rodents, flies, and larvae.

(p) Quality control operation means a planned and systematic procedure for taking all actions necessary to prevent food from being adulterated.

(q) Raw milk, except as used in section 2.60 of this Part, means prepasteurized milk as defined in section 2.2(mm) of this Part.

(r) Rework means clean, unadulterated food that has been removed from processing for reasons other than insanitary conditions or that has been successfully reconditioned by reprocessing and that is suitable for use as food.

(s) Sanitize means to adequately treat cleaned surfaces by a process that is effective in destroying vegetative cells of pathogens, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the product or its safety for the consumer.

(t) Unlawful indirect food additives means food additives not listed in 21 CFR parts 175 - 178.

(u) Unpasteurized milk means prepasteurized milk as defined in section 2.2(mm) of this Part.

(v) 21 CFR means title 21 of the Code of Federal Regulations, revised as of April 1, 2016, published by the U.S. Government Printing Office, Washington, D.C. A copy of 21 CFR is maintained in a file at the Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and is available for public inspection and copying during normal business hours.

1 CRR-NY 2.30 Floors—walls and ceilings—construction—Items 1p and 2p {#sec-1-crr-ny-2.30 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.30}

(a) Floors.

(1) The floors of all rooms in which milk is handled, processed or stored, or in which milk containers or utensils are washed shall be constructed of good quality concrete, or equally impervious tile or brick laid closely with impervious joint material, or metal surfacing with impervious joints, or other material which is the equivalent of good quality concrete. The floors of storage rooms for dry ingredients and/or packaging material may be constructed of tightly joined wood.

(2) The floor surfaces shall be smooth and sloped so that there are no pools of standing water after flushing; and the joints between the floor and the walls shall be impervious.

(3) The floors shall be provided with trapped drains. Cold storage rooms used for storing milk and milk products need not be provided with floor drains when the floors are sloped to drain to one or more exits. Storage rooms for dry ingredients and/or packaging materials need not be provided with drains.

(4) The floors shall be constructed in such a manner to ensure that they can be adequately cleaned, kept clean, and kept in good repair.

(b) Walls and ceilings.

(1) Walls and ceilings shall be finished with smooth, washable, light-colored painted wood, tile, smooth-surface concrete, cement plaster, brick or other equivalent materials with washable, light-colored surfaces.

(2) Walls and ceilings shall be constructed in such a manner to ensure that they can be adequately cleaned, kept clean, kept in good repair.

1 CRR-NY 2.31 Doors and windows—Item 3p {#sec-1-crr-ny-2.31 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.31}

(a) All openings to the outer air are effectively protected by:

(1) screening;

(2) effective electric screen panels;

(3) fans or air curtains which provide sufficient air velocity so as to prevent the entrance of flies;

(4) properly constructed flaps where it is impractical to use self-closing doors or air curtains; or

(5) any effective combination of paragraph (1), (2), (3) or (4) of this subdivision, or by any other method which prevents the entrance of flies.

(b) All outer doors are tight and self-closing. Screen doors shall open outward.

(c) All openings shall be adequately screened or otherwise configured to protect against the entry of pests.

1 CRR-NY 2.32 Lighting and ventilation—Item 4p {#sec-1-crr-ny-2.32 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.32}

(a) Adequate lighting in hand-washing areas, dressing and locker rooms, toilet rooms, and all areas where food is manufactured, processed, packed, or held, and where equipment or utensils are cleaned, shall be provided.

(b) Adequate ventilation or control equipment to minimize dust, odors, and vapors (including steam and noxious fumes) in areas where they may cause allergen cross-contact or contaminate food shall be provided; fans and other air-blowing equipment shall be provided, located, and operated in a manner that minimizes the potential for allergen cross-contact and for contaminating food, food-packaging materials, and food-contact surfaces.

(c) Ventilation in all rooms is sufficient to keep them reasonably free of odors and excessive condensation on equipment, walls and ceilings.

(d) Pressurized ventilating systems, if used, have a filtered air intake.

1 CRR-NY 2.33 Separate rooms—Item 5p {#sec-1-crr-ny-2.33 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.33}

(a) Pasteurizing, processing, cooling and packaging are conducted in a single room(s), but not in the same room(s) used for the cleaning of milk cans, bottles and cases, or the unloading and/or cleaning and sanitizing of milk tank trucks; provided, that in a receiving station, cooling may be done in the room(s) where milk tank trucks are unloaded and/or cleaned and sanitized.

(b) All bulk milk storage tanks are vented into a room used for pasteurization, processing, cooling or packaging operations, or into a storage tank gallery room; provided that vents located elsewhere, which are adequately equipped with air filters so as to preclude the contamination of the milk, shall be considered satisfactory.

(c) Solid doors installed in required partitions are self-closing.

(d) Facilities for the cleaning and sanitizing of milk tank trucks are properly equipped for manual and/or mechanical operations. When such facilities are not provided on the plant premises, these operations shall be performed at a receiving station, transfer station or separate tank-washing installation.

(e) Rooms in which milk or milk products are handled, processed or stored, or in which milk containers, utensils and equipment are washed or stored, do not open directly into any stable or any room used for domestic purposes.

(f) The milk plant must be suitable in size, construction, and design to facilitate maintenance and sanitary operations for food-production purposes (i.e., manufacturing, processing, packing, and holding). The milk plant must:

(1) Provide adequate space for placement of equipment and storage of materials as is necessary for maintenance, sanitary operations, and the production of safe food.

(2) Be configured in such a way to permit the taking of adequate precautions to reduce the potential for allergen cross-contact and for contamination of food, food-contact surfaces, or food-packaging materials with microorganisms, chemicals, filth, and other extraneous material. The potential for allergen cross-contact and for contamination shall be reduced by adequate food safety controls and operating practices or effective design, including the separation of operations in which allergen cross-contact and contamination are likely to occur, by one or more of the following means: location, time, partition, air flow systems, dust control systems, enclosed systems, or other effective means.

1 CRR-NY 2.34 Toilet—sewage disposal facilities—Item 6p {#sec-1-crr-ny-2.34 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.34}

(a) Each milk plant must provide employees with adequate, readily accessible toilet facilities. Toilet facilities shall be kept clean and shall not be a potential source of contamination of food, food-contact surfaces, or food-packaging materials.

(b) Toilet rooms do not open directly into any room in which milk and/or milk products are processed.

(c) Toilet rooms are completely enclosed and have tightfitting self-closing doors.

(d) Dressing rooms, toilet rooms and fixtures are kept in a clean condition, in good repair, and are well ventilated and well lighted.

(e) Toilet tissue and easily cleanable covered waste receptacles are provided in toilet rooms.

(f) All plumbing shall be installed to meet the applicable provisions of the State or local plumbing code. Plumbing shall be of adequate size and design and adequately installed and maintained to ensure that there is not backflow from, or cross-connection between, piping systems that discharge waste water or sewage and piping systems that carry water for food or food manufacturing.

(g) Sewage and other liquid wastes shall be disposed of in a sanitary manner. Plumbing shall be of adequate size and design and adequately installed and maintained to properly convey sewage and liquid disposable waste from the milk plant. Sewage must be disposed of into an adequate sewerage system or disposed of through other adequate means.

(h) Non-water-carried sewage disposal facilities are not used.

(i) A durable, legible sign is conspicuously posted in each toilet and dressing room, directing employees to wash their hands before returning to work.

1 CRR-NY 2.35 Water supply—Item 7p {#sec-1-crr-ny-2.35 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.35}

(a) Water for milk plant purposes shall be adequate for the operations intended and from an adequate supply, properly located, protected and operated. Any water that contacts food, food-contact surfaces, or food-packaging materials shall be easily accessible and of a safe and sanitary quality, and shall not cause allergen cross-contact or increase the level of contamination of the food. Running water at a suitable temperature, and under pressure as needed, shall be provided in all areas where required for the processing of food, for the cleaning of equipment, utensils, and food-packaging materials, or for employee sanitary facilities.

(1) When ice is used in contact with food, it must be made from water that is safe and of adequate sanitary quality and shall be used only if it has been manufactured in accordance with current good manufacturing practice as set forth in this Part.

(2) Plumbing must be of adequate size and design, and shall be adequately installed and maintained, to carry adequate quantities of water to required locations throughout the milk plant.

(b) The water supply shall be approved as safe by the commissioner, and in the case of individual water systems, it shall contain a MPN (most probable number of Coliform organisms) of less than 1.1 per 100 ml by the multiple tube fermentation technique or less than 1.1 per 100 ml by the membrane filter technique or absent (less than 1 per 100 ml) by the chromogenic substrate (MMO-MUG) presence-absence method.

(c) There shall be no cross-connection between the safe water supply and any unsafe or questionable water supply, or any source of pollution through which the safe water supply might become contaminated. A connection between the water supply piping and a make-up tank (such as for cooling or condensing), unless protected by an air gap or effective back-flow preventor, constitutes a violation of this requirement.

(d) Condensing water for milk evaporators, and water used to produce vacuum and/or to condense vapors in vacuum heat processing equipment, shall be from a source complying with subdivision (b) of this section; provided that, when approved by the commissioner, water from sources not complying with subdivision (b) may be used when the evaporator or vacuum heat equipment is constructed and operated to preclude contamination of such equipment or its contents by condensing water or by water used to produce vacuum. Means of preventing such contamination include:

(1) use of a surface-type condenser in which the condensing water is physically separated from the vapors and condensate; or

(2) use of reliable safeguards to prevent the overflow of condensing water from the condenser into the evaporator. Such safeguards include a barometric leg extending at least 35 feet vertically from the invert of the outgoing condensing water line to the free level at which the leg discharges, or a safety shutoff valve, located on the water feed line to the condenser, automatically actuated by a control which will shut off the inflowing water when the water level rises above a predetermined point in the condenser. This valve may be actuated by water, air or electricity, and shall be designed so that failure of the primary motivating power will automatically stop the flow of water into the condenser.

(e) Condensing water for all milk evaporators, complying with subdivision (b) of this section, and water reclaimed from milk or milk products may be reused when all necessary means of protection are afforded and such condensing water or reclaimed water has been inspected and approved by the commissioner.

(f) New individual water supplies and water supply systems, which have been repaired or otherwise become contaminated, shall be disinfected before being placed in use. The supply shall be made free of the disinfectant by pumping to waste before any sample for bacteriological testing shall be collected.

(g) Water supplies which are otherwise found satisfactory but which are unable to meet the bacteriological standards set forth in this section shall be subjected to continuous disinfection by a method and with equipment acceptable to the commissioner.

(h) Samples for bacteriological testing of individual water supplies shall be taken upon the initial approval of the physical structure, each six months thereafter, and when any repair or alteration of the water supply system has been made. Bacteriological examinations shall be conducted in an officially designated laboratory.

(i) Current records of water tests shall be kept on file by the permittee.

1 CRR-NY 2.36 Hand-washing facilities—Item 8p {#sec-1-crr-ny-2.36 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.36}

(a) Hand-washing facilities shall be provided that are conveniently located and are designed to ensure that an employee's hands are not a source of contamination of food, food-contact surfaces, or food-packaging materials. Adequate hot and cold and/or warm running water, and soap and individual sanitary towels or other approved hand-drying devices, shall be provided.

(b) Hand-washing facilities are convenient to all toilets and to all rooms in which milk plant operations are conducted.

(c) Hand-washing facilities are kept in a clean condition and in good repair.

(d) Steam-water mixing valves and vats for washing bottles, cans and similar equipment are not used as hand-washing facilities.

1 CRR-NY 2.37 Milk plant cleanliness—Item 9p {#sec-1-crr-ny-2.37 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.37}

(a) The milk plant, and all fixtures and structures therein, shall be maintained in a clean and sanitary condition and kept in repair adequate to prevent food from becoming adulterated.

(b) Only equipment directly related to processing operations or the handling of containers, utensils and equipment is permitted in the pasteurizing, processing, cooling, packaging and bulk milk storage rooms.

(c) All piping, floors, walls, ceilings, fans, shelves, tables, and the nonproduct-contact surfaces of other facilities and equipment shall be maintained in a clean and sanitary condition and shall be kept in a condition adequate to prevent food from becoming adulterated. Non-food-contact surfaces of equipment used in the operation of a milk plant shall be cleaned in a manner and as frequently as necessary to protect against allergen cross-contact and against contamination of food, food-contact surfaces, and food-packaging materials.

(d) No trash or solid waste shall be stored within the plant, except in covered containers. Waste containers at the packaging machine or bottle washer may be uncovered during operation of such equipment. Rubbish and any waste shall be so conveyed, stored, and disposed of as to minimize the development of odor, minimize the potential for the waste becoming an attractant, harborage, or breeding place for pests, and protect against contamination of food, food-contact surfaces, food-packaging materials, water supplies, and ground surfaces.

(e) All rooms in which milk and milk products are handled, processed or stored, and/or in which containers, utensils or equipment are washed or stored, are kept clean, neat and free of evidence of insects and rodents.

1 CRR-NY 2.38 Sanitary piping—Item 10p {#sec-1-crr-ny-2.38 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.38}

(a) All sanitary piping, fittings and connections which are exposed to milk or milk products, or from which liquids may drip, drain or be drawn into milk products, consist of smooth, impervious, corrosion-resistant, nontoxic, easily cleanable material.

(b) All sanitary piping, connections and fittings consist of:

(1) stainless steel of the AISI (American Iron and Steel Institute) 300 series; or

(2) equally corrosion-resistant metal which is nontoxic and nonabsorbent; or

(3) heat-resistant glass; provided, that plastic, or rubber and rubberlike materials, which are relatively inert, resistant to scratching, scoring, decomposition, crazing, chipping and distortion under normal use conditions; which are nontoxic, fat-resistant, relatively nonabsorbent; which do not impart flavor or odor to the products; and which maintain their original properties under repeated use conditions, may be used for gaskets, sealing applications, and for short flexible takedown jumpers or connections where flexibility is required for essential or functional reasons.

(c) Sanitary piping, fittings and connections are designed to permit easy cleaning, kept in good repair, and free of breaks or corrosion, and contain no dead ends of piping in which milk may collect.

(d) All interior surfaces of demountable piping, including valves, fittings and connections are designed, constructed and installed to permit inspection and drainage.

(e) All cleaned-in-place milk pipelines and return-solution lines are rigid, self-draining and so supported to maintain uniform slope and alignment. Return-solution lines shall be constructed of material meeting the specifications of subdivision (b) of this section. If gaskets are used, they shall be self-positioning, of material meeting the specifications outlined in subdivision (b) of this section, and designed, finished and applied to form a smooth, flush interior surface. If gaskets are not used, all fittings shall have self-positioning faces designed to form a smooth, flush interior surface. All interior surfaces of welded joints in pipelines shall be smooth and free from pits, cracks or inclusions.

In the case of welded lines, the commissioner may require that the installer provide a boroscope or other suitable inspection device to determine the acceptability of interior surfaces of welded lines. All welded surfaces shall be approved by the commissioner. Each cleaning circuit shall have access points for inspection in addition to the entrances and exits. These may be valves, removable sections, fittings or other means or combinations that are adequate for inspection of the interior of the line. These access points shall be located at sufficient intervals to determine the general condition of the interior surfaces of the line. Detailed plans for welded pipeline systems shall be submitted to the commissioner for written approval prior to installation. No alteration or addition shall be made to any welded milk pipeline system without prior written approval from the commissioner.

(f) Pasteurized milk and milk products are conducted from one piece of equipment to another only through sanitary milk piping.

(g) All stainless steel lines and vessels used to convey or store any of the products included in section 2.1 of this Part or any ingredients used in the manufacture of such products, cleaning solutions or water shall be color coded so as to provide easy identification of the material contained therein. The following color scheme shall be used:

| | | | --- | --- | | Raw product lines | red | | Pasteurized product lines | blue | | Cleaning solution lines | green | | Water lines (SS only) | yellow | | Sugar and dairy food ingredients | orange |

Additional color coding of stainless steel lines to denote ingredients of special products is permitted provided it does not duplicate the color coding scheme described above.

1 CRR-NY 2.39 Construction and repair of containers and equipment—Item 11p {#sec-1-crr-ny-2.39 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.39}

(a) All multiuse containers and equipment used in manufacturing, processing, packing, or holding of milk or milk products shall be so designed and of such material and workmanship as to be adequately cleanable, and shall be adequately maintained to protect against allergen cross-contact and contamination. Equipment shall be made of smooth, impervious, corrosion-resistant, and non-toxic material.

(1) Equipment and utensils shall be designed, constructed, and used in such a manner in order to avoid the adulteration of food with lubricants, fuel, metal fragments, contaminated water, or any other contaminants.

(2) Equipment, containers, and utensils used to convey, hold, or store raw materials and other ingredients, food in process, rework, or other food shall be constructed, handled, and maintained during manufacturing, processing, packing, and holding in a manner that protects against allergen cross-contact and against contamination.

(3) Equipment shall be installed so as to facilitate the cleaning and maintenance of the equipment and of adjacent spaces.

(b) All milk-contact surfaces of multiuse containers and equipment consist of:

(1) stainless steel of the AISI (American Iron and Steel Institute) 300 series;

(2) equally corrosion-resistant metal which is nontoxic and nonabsorbent;

(3) heat-resistant glass; or

(4) plastic or rubber and rubberlike materials which are relatively inert, resistant to scratching, scoring, decomposition, crazing, chipping and distortion under normal use conditions; which are nontoxic, fat-resistant, relatively nonabsorbent, and do not impart flavor or odor to the product; and which maintain their original properties under repeated use conditions.

(c) All joints in containers, equipment and utensils are flush and finished as smooth as adjoining surfaces. Where a rotating shaft is inserted through a surface with which milk or milk products come into contact, the joint between the mixing and stationary surfaces shall be closefitting. Where a thermometer or temperature sensing element is inserted through a surface with which milk or milk products come into contact, a pressure-tight seal shall be provided ahead of all threads and crevices.

(d) All openings in covers of tanks, vats, separators, etc., are protected by raised edges, or otherwise to prevent the entrance of surface drainage. Condensation-deverting aprons shall be provided as close to the tank or vat as possible on all pipes, thermometers or temperature-sensing elements, and other equipment extending into a tank, bowl, vat or distributor, unless a watertight joint is provided.

(e) All surfaces with which milk or milk products come into contact are easily accessible or demountable for manual cleaning or are designed for mechanical cleaning. All product-contact surfaces shall be readily accessible for inspection and shall be self-draining. Wing nuts, bayonet locks and similar devices shall be used whenever possible in lieu of bolts and nuts, to promote easy disassembly.

(f) There are no threads used in contact with milk or milk products except where needed for functional and safety reasons, such as in clarifiers, pumps and separators. Such threads shall be of a sanitary type.

(g) All multiuse containers and other equipment have rounded corners, are in good repair and free from breaks, crevices and corrosion. Milk cans shall have umbrella-type covers.

(h) Strainers, if used, are of perforated metal design, and so constructed as to utilize single-service strainer media. Multiple-use woven material shall not be used for straining milk; provided, that, when required for function reasons inherent to the production of certain milk products, such as buttermilk, whey and dry milk products, woven material may be used where it is impractical to use perforated metal. However, woven material parts shall be mechanically cleaned by such methods that thoroughly clean the woven material and do not contaminate the product.

(i) All single-service containers, closures, gaskets and other articles, with which milk or milk products come in contact, are nontoxic.

(j) The manufacture, packing, transportation and handling of single-service containers, closures, caps, gaskets and similar articles are approved by the commissioner. Inspections and tests shall be made by the commissioner or any agency authorized by him.

(k) Copper kettles for Swiss cheese and copper evaporators and brass fillers for evaporated milk may be approved if free from corroded surfaces and kept in good condition. Wooden churns in use may be approved temporarily if maintained in good condition. Nonmetallic parts having product-contact surfaces shall be of material that is resistant to abrasion, scratching, scoring and distortion, that is nontoxic, fat-resistant, and relatively inert, nonabsorbent or insoluble, and that will not adversely affect the flavor of the products.

1 CRR-NY 2.40 Cleaning and sanitizing of containers and equipment—Item 12p {#sec-1-crr-ny-2.40 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.40}

(a)

(1) All food-contact surfaces, including utensils and food-contact surfaces of equipment, shall be cleaned as frequently as necessary to protect against allergen cross-contact and against contamination of food. All multiuse containers and utensils shall be thoroughly cleaned after each use, and all equipment shall be thoroughly cleaned at least once each day used; provided, that storage tanks shall be cleaned when emptied and shall be emptied at least every 72 hours, except that in the case of milk plants at which frozen desserts or storable milk products are manufactured, such tanks shall be emptied at least every 96 hours. Storage tanks which are used to store raw milk longer than 24 hours and silo tanks used for the storage of raw milk, and which are installed after the adoption of this Part, shall be equipped with a seven-day temperature recording device complying with the specifications of Appendix 3 of this Title.

(2) Whenever a milk tank truck has been cleaned and sanitized, as required by the commissioner, it shall bear a tag or a record shall be made showing the date, time, place and signature of the employee or contract operator doing the work, unless the truck delivers to only one receiving unit where responsibility for cleaning and sanitizing can be definitely established without tagging. The tag is to be removed at the first stop on the route and kept on file for the commissioner.

(3) All utensils and equipment shall be cleaned and sanitized in a manner that protects against allergen cross-contact and against contamination of food, food-contact surfaces, and food-packaging materials.

(4) Food-contact surfaces used in the manufacturing/processing, packing, or holding low-moisture food shall be in a clean, dry, sanitary condition before use. When the surfaces are wet-cleaned, they shall be sanitized and thoroughly dried before subsequent use.

(5) In wet processing, when cleaning is necessary to protect against allergen cross-contact or the introduction of microorganisms into food, all food-contact surfaces shall be cleaned and sanitized before use and after any interruption during which the food-contact surfaces may have become contaminated. Where equipment and utensils are used in a continuous production operation, the utensils and food-contact surfaces of the equipment must be cleaned and sanitized as necessary.

(6) Cleaning compounds and sanitizing agents used in cleaning and sanitizing procedures shall be both free from undesirable microorganisms and safe and adequate under the conditions of use. Compliance with this requirement shall be verified by any effective means, including purchase of these substances under a letter of guarantee or certification or examination of these substances for contamination.

(b) Pipelines and/or equipment designed for mechanical cleaning meet the following requirements:

(1) An effective cleaning and sanitizing regiment for each separate cleaning circuit shall be followed.

(2) A temperature recording device shall be installed in the return-solution line to record the temperature and time during which the line or equipment is exposed to cleaning and sanitizing.

(3) Temperature recording charts shall be identified, dated and retained for three months.

(4) During each official inspection, the commissioner shall examine and initial temperature recording charts to verify the time of exposure to solutions and their temperatures.

(c) Plants in which containers are washed manually are equipped with a two-compartment wash-and-rinse vat for this purpose. Such plants shall also provide a steam cabinet or individual steam-jet plate with hood for sanitizing of cleaned containers, or, if sanitizing is done with chemicals, a third treatment vat.

(d) In plants utilizing automatic bottle washers, such washers must provide for bactericidal treatment by means of steam, hot water or chemical treatment. In soaker-type bottle washers, in which bactericidal treatment depends upon the causticity of the washing solution, the caustic strength for a given soaking time and temperature shall be as specified in the following table listing combinations of causticity, time and temperature of equal bactericidal value, for soaker tank of soaker-type bottle washers:

COMBINATIONS OF CAUSTICITY, TIME AND TEMPERATURE OF EQUAL BACTERICIDAL VALUE, FOR SOAKER TANK OF SOAKER-TYPE BOTTLE WASHERS

(Based on NSDA specifications for beverage bottles)

| Temperature, degrees | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | | F 170 | 160 | 150 | 140 | 130 | 120 | 110 | | | C 77 | 71 | 66 | 60 | 54 | 49 | 43 |

| Time in minutes | Concentration of NaOH, percent | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | 3 | 0.57 | 0.86 | 1.28 | 1.91 | 2.86 | 4.27 | 6.39 | | 5 | 0.43 | 0.64 | 0.96 | 1.43 | 2.16 | 3.22 | 4.80 | | 7 | 0.36 | 0.53 | 0.80 | 1.19 | 1.78 | 2.66 | 3.98 |

When caustic is so used, subsequent final rinsing of the bottles shall be with water which has been treated with heat or chemicals to assure freedom from viable pathogenic or otherwise harmful organisms, to prevent recontamination of the treated bottle during the rinsing operation.

(e) All multiuse containers, equipment and utensils are sanitized before use, employing one or a combination of the methods prescribed under section 2.18 of this Part (Item 11r). Assembled equipment must be sanitized prior to each day's run.

(f) The residual bacteria count of multiuse and single-service containers used for packaging pasteurized milk and milk products shall not exceed one per milliliter of capacity, when the rinse test is used, or not over 50 colonies per/8 square inches (one per square centimeter) of product-contact surface, when the swab test is used, in three out of four samples taken at random on a given day. All multiuse and single-service containers shall be free of coliform organisms.

(g) Plants which utilize multiuse plastic containers for pasteurized milk and milk products shall comply with the following criteria:

(1) The plastic material from which the containers are molded shall be of safe material.

(2) The plastic material shall comply with the material specifications of section 2.39 of this Part (Item 11p).

(3) All containers shall be identified as to plant of manufacture, date of manufacture, and type and class of plastic material used. This information may be by code, provided that the code is revealed to the commissioner.

(4) A device shall be installed in the filling line capable of detecting in each container before it is filled, volatile organic contaminants in amounts that are of public health significance. Such device must be constructed so that it may be sealed by the commissioner to prevent the changing of its sensitivity functioning level. Models using an air injection system and with a testing device built into the detection equipment do not have to be sealed. To assure proper functioning of the system, the operator needs to be able to adjust the sensitivity. However, those models utilizing an external testing device must be sealed. Any container detected by the device as being unsatisfactory must be automatically made unusable to prevent refilling. In addition, the device must be interconnected so that the system will not operate unless the detecting device is in proper operating condition.

(5) A standard must be available for the use of the commissioner for testing the proper sensitivity functioning levels of the detection device.

(6) The commissioner may waive the requirement for the detecting device required for in paragraph (4) of this subdivision if an alternative method of comparable sensitivity is available and has been demonstrated to be effective in milk plant operation.

(7) The containers shall comply with the applicable construction requirements of section 2.39 of this Part(Item 11p). The closure for the container shall be single-service. Screw-type closures shall not be used.

(8) The container shall not impart into the product pesticide residual levels or other chemical contaminants in excess of those considered acceptable under the Federal Food, Drug and Cosmetic Act, as amended, and regulations issued thereunder.

1 CRR-NY 2.41 Storage of cleaned containers and equipment—Item 13p {#sec-1-crr-ny-2.41 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.41}

(a) All multiuse containers, equipment and utensils, after cleaning, shall be transported and/or stored on racks or in clean cases elevated above the floor. Containers shall be stored inverted on racks or in cases constructed of relatively nonabsorbent, corrosion-resistant, nontoxic materials, or otherwise protected from contamination. All portable equipment with food-contact surfaces, and all utensils, that have been cleaned and sanitized shall be stored in a location and manner that protects food-contact surfaces from allergen cross-contact and from contamination.

(b) Floors are not flushed or washed when crates of clean bottles are stacked on them.

1 CRR-NY 2.42 Storage of single-service containers, utensils and materials—Item 14p {#sec-1-crr-ny-2.42 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.42}

(a) Single-service caps, cap stock, parchment paper, containers, gaskets and other single-service articles shall be:

(1) purchased and stored in sanitary tubes, wrappings or cartons;

(2) kept in a clean, dry place until used; and

(3) handled in a sanitary manner.

Single-service articles must be stored, handled, and disposed of in a manner that protects against allergen cross-contact and against contamination of food, food-contact surfaces, or food-packaging materials.

(b) Paperboard shipping containers used to enclose plastic bags or unfilled containers are used only once unless other methods are employed to protect the containers from contamination.

(c) Tubes or cartons are not refilled with spilled caps, gaskets or parchment papers.

(d) Cartons or boxes from which contents have been partially removed are kept closed.

(e) Suitable cabinets are provided for storage of tubes after removal from the large outer box, and for storage of opened cartons, unless other satisfactory means are employed to protect the caps, closures or containers.

1 CRR-NY 2.43 Protection from contamination—Item 15p {#sec-1-crr-ny-2.43 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.43}

(a) The milk plant shall operate in a manner to facilitate maintenance and sanitary operations for food-production purposes (i.e., manufacturing, processing, packing, and holding). The milk plant shall:

(1) provide adequate space for placement of equipment and storage of materials as is necessary for maintenance, sanitary operations, and the production of safe food;

(2) take adequate precautions to reduce the potential for allergen cross-contact and for contamination of food, food-contact surfaces, or food-packaging materials with microorganisms, chemicals, filth, and other extraneous material. The potential for allergen cross-contact and for contamination shall be reduced by adequate food safety control, operating practices, or effective design, including the separation of operations in which allergen cross-contact and contamination are likely to occur, or by any affective means including but not limited to: location, time, partition, air flow systems, dust control systems, and/or enclosed systems;

(3) take adequate precautions to protect food in installed outdoor bulk vessels by any effective means, including but not limited to:

(i) using protective coverings;

(ii) controlling areas over and around the vessels to eliminate harborages for pests;

(iii) checking on a regular basis for pests and pest infestation.

(4) Be operated in such a manner that drip or condensate from fixtures, ducts and pipes does not contaminate food, food-contact surfaces, or food-packaging materials; and that aisles or working spaces are provided between equipment and walls and are adequately unobstructed and of adequate width to permit employees to perform their duties and to protect against contaminating food, food-contact surfaces, or food-packaging materials with clothing or personal contact.

(5) Provide shatter-resistant light bulbs, fixtures, skylights, or other glass suspended over exposed food in any step of preparation or otherwise protect against food contamination in case of glass breakage.

(b) During processing, pipelines and equipment used to contain or conduct milk and milk products shall be effectively separated from tanks or circuits containing cleaning and/or sanitizing solutions.

(c) All milk, milk products, and ingredients that have overflowed, leaked, been spilled, improperly handled, or are otherwise adulterated shall be discarded or, if appropriate, treated or processed to eliminate the contamination. Milk and milk products drained from processing equipment at the end of a run, or collected from a defoamer system and milk solids rinsed from equipment, containers or pipelines, may be repasteurized only if such milk or milk products are handled in a sanitary manner and maintained at 45ºF (7ºC) or less. When the handling and/or refrigeration of such milk and milk products are not in compliance with this requirement, they shall be discarded. Returned packaged milk and milk products, frozen desserts or melloream shall not be repasteurized for Grade A milk products, frozen desserts or melloream use; provided, that the repasteurization of milk and milk products shipped in transport tankers which have been pasteurized at another Grade A plant and have been handled in a sanitary manner and maintained at 45ºF (7ºC) or less is permitted.

(d) All product-contact surfaces of containers, equipment and utensils are covered or otherwise protected to prevent the access of insects, dust, condensation and other contamination. All openings, including valves and piping attached to milk storage and milk tank trucks, pumps or vats, etc., shall be capped or otherwise properly protected. While unloading at a receiving station, transfer station or pasteurization plant, one of the following conditions shall be met:

(1) If the area is completely enclosed (walls and ceiling, with doors closed) during the unloading process and the dustcover or dome and the manhole cover is opened slightly and held in this position by the metal clamps used to close the cover, then a filter is not required. However, if the dustcover and/or manhole cover(s) are opened in excess of that provided by the metal clamps or the covers have been removed, then a suitable filter is required for the manhole.

(2) If the area is not completely enclosed or doors of the unloading area are open during unloading, a suitable filter is required for the manhole or air inlet vent and suitable protection must be provided over the filter material either by design of the filter holding apparatus or a roof or ceiling over the area. Direct connections from milk tank truck to milk truck must be made from valve to valve and not through the manhole and the manhole and the dustcover (dome) of the milk tank truck being filled must be closed.

(3) Receiving and dump vats shall be completely covered, except during washing and sanitizing, and when milk is being dumped. Where strainers are used, the cover for the vat opening shall be designed to cover the opening with the strainer in place.

(e) Air under pressure that is used for the agitation or movement of milk, or is directed at a milk-contact surface, shall be free of oil, dust, rust, excessive moisture, extraneous materials and odor. The use of steam containing toxic substances is expressly prohibited. whenever steam is used on contact with milk or milk products, it shall be of culinary quality and shall comply with the applicable standards of quality. Compressed air or other gases mechanically introduced into food or used to clean food-contact surfaces or equipment shall be treated in such a way that food is not contaminated with unlawful indirect food additives.

(f) Standardization is done before the pasteurization process is started, unless pasteurized milk or milk products are used for standardization. Such pasteurized milk products shall be protected against contamination. In no case shall pasteurized milk or milk products be standardized with unpasteurized milk unless the standardized product is subsequently pasteurized. Reconstituted or recombined milk and milk products shall be pasteurized after reconstitution or recombining of all ingredients. Standardization of grade A milk and milk products with other than grade A milk and milk products is prohibited. Standardization is done only in accordance with the provisions of section 35.2 and in plants which have received permission to standardize in accordance with section 35.3 of this Title.

(g) The processing of foods and/or drinks other than grade A milk and milk products are performed to preclude the contamination of such milk and milk products.

(h) Means are provided to prevent contamination of milk containers, utensils and equipment by drippings, spillage and splash from overhead piping, platforms or mezzanines.

(i) All ingredients and nonproduct-contact materials used in the preparation or packaging of milk and milk products shall be stored in a clean place and so handled as to prevent their contamination.

(1) Raw materials and other ingredients shall be inspected and segregated or otherwise adequately handled to ensure that they are clean and suitable for processing into food and stored be stored under conditions that will protect against allergen cross-contact and against contamination and minimize deterioration. Raw materials shall be washed or cleaned as necessary to remove soil or other contamination.

(2) Raw materials and other ingredients must either not contain levels of microorganisms that may render the food injurious to the health of humans, or shall be pasteurized or otherwise treated during manufacturing operations so that they no longer contain levels that would cause the product to be adulterated.

(3) Raw materials and other ingredients susceptible to contamination with aflatoxin or other natural toxins shall comply with 21 CFR part 109 for poisonous or deleterious substances before being incorporated into finished food.

(4) Raw materials, other ingredients, and rework that contain an added poisonous or deleterious substance shall not contain an amount any such substance in excess of the applicable defect action level.

(5) Raw materials, other ingredients, and rework shall be held in bulk, or in containers designed and constructed so as to protect against allergen cross-contact and against contamination, and must be held at such temperature and relative humidity and in such a manner as to prevent the food from becoming adulterated. Material scheduled for rework must be identified as such.

(6) Frozen raw materials and other ingredients shall be kept frozen. If thawing is required prior to use, it must be done in a manner that prevents the raw materials and other ingredients from becoming adulterated.

(7) Liquid or dry raw materials and other ingredients received and stored in bulk form shall be held in a manner that protects against allergen cross-contact and against contamination.

(8) Raw materials and other ingredients that are food allergens, and rework that contains food allergens, shall be identified and held in a manner that prevents allergen cross-contact.

(j) Pasteurized milk is not strained or filtered except through a perforated metal strainer.

(k) Only the following toxic materials may be used or stored in a plant where food is processed or exposed:

(1) those required to maintain clean and sanitary conditions;

(2) those necessary for use in laboratory testing procedures;

(3) those necessary for plant and equipment maintenance and operation; and

(4) those necessary for use in the plant's operations.

(l) Those poisonous or toxic materials that are necessary:

(1) shall not be stored in a room where milk or milk products are received, processed, pasteurized or stored, or where equipment, containers, or utensils are washed or where single-service containers, closures or caps are stored; and

(2) shall be stored in a manner that protects against contamination of food, food-contact surfaces, and food packaging materials.

(m) Those poisonous or toxic materials that may be used or stored, pursuant to subdivision (k) of this section, shall be stored in a separate area of the plant in containers that have labels affixed thereto that prominently and distinctly advise and warn against the use of such materials in a manner that may cause or contribute to contamination of food, food contact surfaces, or food packaging materials; provided, that this does not preclude the convenient availability of detergents or sanitizers to areas where equipment, containers and utensils are washed and sanitized.

(n) Effective measures shall be taken to exclude pests from the manufacturing, processing, packing, and holding areas and to protect against the contamination of food on the premises by pests. The use of pesticides to control pests in the plant is permitted only to the extent that precautions and restrictions are taken that will protect against the contamination of food, food-contact surfaces, and food-packaging materials. Only pesticides approved by the commissioner and/or registered with the U.S. Environmental Protection Agency shall be used for pest control. Such pesticides shall be used only in accordance with the manufacturer's label directions and shall be prevented from contaminating food, food-contact surfaces, or food-packaging materials.

(o) Appropriate quality control operations must be employed to ensure that food is suitable for human consumption and that food-packaging materials are safe and suitable. Adequate precautions shall be taken to ensure that production procedures do not contribute to allergen cross-contact and to contamination from any source.

(p) All operations in the manufacturing, processing, packing, and holding of food (including operations directed to receiving, inspecting, transporting, and segregating) shall be conducted in accordance with adequate sanitation principles.

(q) All food manufacturing, processing, packing, and holding shall be conducted under such conditions and controls as are necessary to minimize the potential for the growth of microorganisms, allergen cross-contact, contamination of food, and deterioration of food.

(r) Chemical, microbial, or extraneous-material testing procedures shall be used where necessary to identify sanitation failures or possible allergen cross-contact and food contamination.

(s) Instruments and controls used for measuring, regulating, or recording temperatures, pH, acidity, water activity, or other conditions that control or prevent the growth of undesirable microorganisms in food shall be accurate and precise, adequately maintained, and adequate in number for their designated uses.

(t) The mixing of adulterated food with another lot of food shall not permitted and renders the final food adulterated.

(u) The manufacturer, processor, packer, and holder of food shall at all times utilize quality control operations that reduce natural or unavoidable defects to the lowest level currently feasible.

(v) Storage and transportation of food shall be under conditions that will adequately protect against allergen cross-contact and against biological, chemical (including radiological), and physical contamination of food, as well as against deterioration of the food and the container.

(w) Human food by-products held for distribution as animal food without additional manufacturing or processing by the human food processor shall be held under conditions that will protect against contamination, including the following:

(1) containers and equipment used to convey or hold human food by-products for use as animal food before distribution shall be designed, constructed of appropriate material, cleaned as necessary, and maintained to protect against the contamination of human food by-products for use as animal food;

(2) Hhuman food by-products for use as animal food held for distribution must be held in a way to protect against contamination from sources such as trash;

(3) during holding, human food by-products for use as animal food shall be accurately identified;

(4) labeling that identifies the by-product by the common or usual name shall be affixed to or accompany human food by-products for use as animal food when distributed;

(5) shipping containers (e.g., totes, drums, and tubs) and bulk vehicles used to distribute human food by-products for use as animal food shall be examined prior to use to protect against contamination of the human food by-products for use as animal food from the container or vehicle when the facility is responsible for transporting the human food by-products for use as animal food itself or arranges with a third party to transport the human food by-products for use as animal food.

1 CRR-NY 2.44 Pasteurization—Item 16p {#sec-1-crr-ny-2.44 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.44}

(a) Pasteurization shall be performed as follows: Every particle of prepasteurized milk, milk, lowfat milk, skim milk, milk product, goat milk, goat milk product, sheep milk, sheep milk product, melloream and frozen dessert mix, with the exception of water ice mix and flavoring agents used in frozen desserts, shall be heated in properly designed and operated equipment to one of the temperatures specified in the following table and held continuously at or above that temperature for at least the time specified:

| Batch (Vat) Pasteurization | | | --- | --- | | Temperature | Time | | *63°C (145°F) | 30 minutes | | Continuous Flow (HTST and HHST) Pasteurization | | | Temperature | Time | | *72°C (161°F) | 15 seconds | | 89°C (191°F) | 1.0 seconds | | 90°C (194°F) | 0.5 seconds | | 94°C (201°F) | 0.1 seconds | | 96°C (204°F) | 0.05 seconds | | 100°C (212°F) | 0.01 seconds |

*If the fat content of the milk product is 10 percent or more, or if it contains added sweeteners, the specified temperature shall be increased by 5°F (3°C): provided, that eggnog and frozen desserts shall be heated to at least the following temperature and time specifications:

| Batch (Vat) Pasteurization | | | --- | --- | | Temperature | Time | | 69°C (155°F) | 30 minutes | | Continuous Flow (HTST) Pasteurization | | | Temperature | Time | | 80°C (175°F) | 25 seconds | | 83°C (180°F) | 15 seconds |

Provided further, that nothing shall be construed as barring any other pasteurization process which has been recognized by the FDA to be equally effective and which is approved by the commissioner.

(b) The design and the operation of pasteurization equipment and all appurtenances thereto shall comply with the applicable specifications and operational procedures set forth in sections 2.45 through 2.48 of this Part and set forth in Appendicies 3-10 to this Part, except with respect to milk, lowfat milk, skim milk, milk products, goat milk, goat milk products, sheep milk, sheep milk products, frozen desserts and melloream that will be aseptically processed or ultra-pasteurized, the design and the operation of processing equipment and appurtenances thereto shall also comply with Appendix L and Item 16p(c) of the PMO.

(c) Cream for buttermaking shall be pasteurized at a temperature of not less than 165°F and held continuously in a vat at such temperature for not less than 30 minutes, or at a temperature of not less than 185°F for not less than 15 seconds, or any other temperature and holding time approved by the commissioner that will assure pasteurization and comparable keeping-quality characteristics. If the vat method of pasteurization is used, vat covers shall be kept closed during the holding and cooling periods.

(d) Every person who operates a milk plant at which frozen desserts are manufactured shall ensure that all flavoring agents added to frozen desserts after the frozen desserts have been pasteurized are sterile, aseptically processed or otherwise treated to a temperature which will render them free of all pathogenic bacteria, or alternatively have a water activity (aw) value of 0.85 or less or have a pH level of 4.6 or less. All flavoring agents shall, insofar as possible, be completely used up during each day's manufacturing.

1 CRR-NY 2.45 Batch pasteurization—Item 16p (A) {#sec-1-crr-ny-2.45 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.45}

(a) All indicating and recording thermometers used in connection with the batch pasteurization of milk or milk products shall comply with the applicable specifications set forth in Appendix 3 of this Title. Specifications for test thermometers and other test equipment appear in Appendix 4 of this Title.

(b) Time and temperature controls for batch pasteurizers.

(1) Temperature difference. The pasteurizer shall be so designed that the simultaneous temperature difference between the milk or milk product at the center and the coldest milk or milk product in the vat will not exceed a margin of one degree Fahrenheit (one-half degree Celsius) at any time during the holding period. The vat shall be provided with adequate agitation, operating throughout the holding period. No batch of milk or milk product shall be pasteurized unless it covers a sufficient area of the agitator to insure adequate agitation.

(2) Location and required readings of indicating and recording thermometers. Each batch pasteurizer shall be equipped with both an indicating and a recording thermometer. The thermometers shall read not less than the required pasteurization temperature throughout the required holding period. The plant operator shall check daily the temperature shown by the recording thermometer against the temperature shown by the indicating thermometer; this comparison shall be noted on the recording thermometer chart. The recording thermometer shall not read higher than the indicating thermometer. No batch of milk or milk products shall be pasteurized unless it is sufficient to cover the bulbs of both the indicating and the recording thermometers.

(3) Assurance of minimum holding periods. Batch pasteurizers shall be so operated that every particle of milk or milk product will be held at not less than the minimum pasteurization temperature continuously for at least 30 minutes. When milk or milk products are raised to pasteurization temperature in the vat, and cooling is begun in the vat, simultaneously with or before the opening of the outlet valve, the recorder chart shall show at least 30 minutes at not less than minimum pasteurization temperature. When milk or milk products are preheated to pasteurization temperature before entering the vat, the recorder chart shall show a holding period of at least 30 minutes at not less than the minimum pasteurization temperature plus the time of filling from the level of the recorder bulb. When cooling is begun in the holder after the opening of the outlet valve, or is done entirely outside the holder, the chart shall show at least 30 minutes at not less than the minimum pasteurization temperature plus the time of emptying to the level of the recording thermometer bulb. When the recorder time interval on the recorder chart at the pasteurization temperature includes filling and/or emptying time, such intervals shall be indicated on the recorder chart by the operator, by removing the recording thermometer bulb from the milk for a sufficient time to depress the pen, or by turning cold water into the vat jacket at the end of the holding period, or by inscribing the holding time on the chart. The filling time and the emptying time for each holder so operated shall be determined by the commissioner, initially and after any change which may affect these times. No milk shall be added to the holder after the start of the holding period.

(c) Airspace heating.

(1) Means shall be provided and used in batch pasteurizers to keep the atmosphere above the milk and milk products at a temperature not less than five degrees Fahrenheit (three degrees Celsius) higher than the minimum required temperature of pasteurization during the holding period (Appendix 3 of this Title).

(2) Each batch pasteurizer shall be equipped with an airspace thermometer. The surface of the milk or milk product shall be at least one inch below the bottom of the thermometer bulb when the vat is in operation.

(3) The temperature shown by the airspace thermometer shall be recorded on the recording thermometer chart each time the pasteurizer is in operation.

(d) Inlet and outlet valves and connections.

The following definitions shall apply to inlet and outlet valves and connections:

(1) Valve stop shall mean a guide which permits turning the valve plug to, but not beyond, the fully closed position.

(2) 90° stop shall mean a stop so designed as to prevent turning the plug more than 90 degrees.

(3) 120° stop shall mean a stop which prevents turning the plug more than 120 degrees.

(4) 180° stop shall mean a stop which prevents turning the plug more than 180°, but which permits two fully closed positions, each diametrically opposite the other.

(5) Valve with an irreversible plug shall mean one in which the plug cannot be reversed in the shell.

(6) Single-quadrant stop shall mean a 90-degree stop in a valve with an irreversible plug.

(7) The fully open position shall mean that position of the valve seat which permits the maximum flow into or out of the pasteurizer.

(8) The closed position shall mean any position of the valve seat which stops the flow of milk into or out of the pasteurizer.

(9) The fully closed position shall mean that closed position of the valve seat which requires the maximum movement of the valve to reach the fully open position.

(10) The just-closed position shall mean that closed position of a plug-type valve in which the flow into or out of the holder is barely stopped, or any closed position within 0.078 inch thereof as measured along the maximum circumference of the valve seat.

(11) Leakage shall mean the entrance of unpasteurized milk onto a batch pasteurizer during the holding or emptying period, or the entrance of unpasteurized milk into any pasteurized milk line at any time.

(12) Leak-protector valve shall mean a valve provided with a leak-diverting device, which, when the valve is in any closed position, will prevent leakage of milk past the valve or, in the case of batch pasteurizers filled or emptied by suction or compressed air, will prevent leakage of milk past the valve or the leakage of milk due to the leakage of air past the suction valve or the compressed air valve, as the case may be.

(13) Closed-coupled valve shall mean a valve, the seat of which is either flush with the inner wall of the pasteurizer, or so closely coupled that no milk in the valve inlet is more than one degree Fahrenheit (one-half degree Celsius) colder than the milk at the center of the pasteurizer at any time during the holding period. A close-coupled valve which is not truly flush shall be considered as satisfying this requirement when:

(i) the vat outlet is so flared that the smallest diameter of the large end of the flare is not less than the diameter of the outlet line plus the depth of the flare; and

(ii) the greatest distance from the valve seat to the small end of the flare is not greater than the diameter of the outlet line; and

(iii) in the case of batch pasteurizers, the outlet and the agitator are so placed as to insure that milk currents will be swept into the outlet.

(e) Design and installation of valves and connections.

All valves and connections shall comply with the following requirements.

(1) Valves and pipeline connections shall meet the requirements of section 2.38 of this Part (Item 10p).

(2) All pipelines and fittings shall be so constructed and so located that leakage will not occur. Dependence shall not be placed on soldered joints to prevent leakage.

(3) To prevent clogging, and to promote drainage, all leak-protector grooves shall be at least 0.187 inch wide, and at least 0.094 inch deep at the center. Mating grooves shall provide these dimensions throughout their combined length whenever the valve is in, or approximately in, the fully closed position. All single-leak grooves, and all mating leak grooves when mated, shall extend throughout the entire depth of the seat, so as to divert leakage occurring at all points throughout the depth of the seat, and so as to prevent air bindings. Washers or other parts shall not obstruct leak-protector grooves.

(4) A stop shall be provided on all plug-type outlet valves and on all plug-type inlet valves in order to guide the operator in closing the valve so that unpasteurized milk may not inadvertently be permitted to enter the outlet line or the holder, respectively. The stop shall be so designed that the plug will be irreversible when the plug is provided with any grooves or their equivalent, unless duplicate, diametrically opposite grooves are also provided. In the case of two-way, plug-type valves (i.e., those having only one inlet and one outlet), a 180-degree stop, or any combination of stops permitting two fully closed positions, may be substituted for a 90-degree stop, provided that there are no air-relief grooves in the plug and that all leak grooves are located symetrically with respect to the valve inlet. Stops shall be so designed that the operator cannot turn the valve beyond the stop position, either by raising the plug or by any other means.

(5) Outlet valves, in addition to the requirements listed above, shall be so designed as to prevent the accumulation of unpasteurized milk in the milk passages of the valve when the valve is in any closed position.

(6) All inlet pipelines and outlets from vat pasteurizers shall be equipped with leak-protector valves; provided, that installations not equipped with leak-protector inlet valves shall be accepted when the piping is so arranged that only one vat can be connected to the inlet line at a time, and such piping is disconnected during the holding and emptying periods.

(7) Inlet and outlet connections other than through closed-coupled valves shall not enter or leave the pasteurizer below the level of the milk therein.

(8) In cases where the inlet line enters the holder above the milk level, and in which the inlet line may be submerged and thus prevent its complete emptying when the inlet valve is closed, the inlet line shall be provided with an automatic air-relief, or vent located either at the valve or elsewhere, and so designed as to function in every closed position of the valve. A vent may be provided by drilling a hole at least 0.125 inch in diameter in the vat pipe, below the vat cover, but above the maximum milk level.

(9) All leak-protector valves shall be installed in the proper position to insure the function of the leak-diverting device. Inlet valves shall not be located in vertical pipelines, unless they can be so installed that one of the groove systems is at the lowest level of the valve; and pipelines between the inlet valve and the pasteurizer shall be as short as practicable and shall be so sloped to drain.

(10) All outlet valves shall be kept fully closed during filling, heating and holding periods; and all inlet valves shall be kept fully closed during holding and emptying periods.

(f) Recording charts.

All recording thermometer charts shall comply with the applicable requirements of section 2.48 of this Part (Item 16p[D]).

1 CRR-NY 2.46 High-temperature-short-time, (HTST), continuous-flow pasteurization—Item 16p(B) {#sec-1-crr-ny-2.46 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.46}

(a) Indicating thermometers and recorder/controller instruments.

All indicating thermometers and recorder/controller instruments and devices used in connection with the high-temperature-short-time, continuous-flow pasteurization of milk or milk products shall comply with the applicable specifications set forth in Appendix 3 of this Title.

(b) Automatic milk controller.

Each high-temperature-short-time, continuous-flow pasteurization system shall be equipped with an automatic milk flow control of the diversion type, which complies with the following definition, specifications and performance requirements:

(1) Automatic milk-flow controls. The term automatic milk-flow controls shall mean those safety devices which control the flow of milk in relation to the temperature of the milk, or heating medium and/or pressure, vacuum or other auxiliary equipment. Milk-flow controls shall not be considered as part of the temperature control equipment. Milk-flow controls shall be of the flow-diversion type which automatically cause the diversion of the milk in response to a sublegal pasteurization temperature. At sublegal temperatures, flow-diversion devices return the milk to the raw milk side of the heating system continuously until legal pasteurization temperatures are obtained; at which time, the device restores forward flow through the pasteurizer.

(2) Flow-diversion devices. All flow-diversion devices used in continuous pasteurizers shall comply with the following or equally satisfactory specifications:

(i) Forward flow of subtemperature milk, due to the omission or looseness of the connecting clip, shall be prevented by making the valve and its actuating mechanism integral; or, where there is a connecting device, by making it impossible to assemble the valve and its actuating mechanism, except in such manner that it will function properly; or, where there is a connecting device which may be omitted or shaken loose by providing for pushing, instead of pulling, the valve to the diverted position; or by providing that the pump will shut down when the milk is below the pasteurization temperature and the valve is not in the fully diverted position; or by any other equally satisfactory means.

(ii) When a packing gland is used to prevent leakage around the actuating stem, it shall be impossible to tighten the stem packing nut to such an extent as to prevent the valve from assuming the fully diverted position.

(iii) A leak escape shall be installed on the forward-flow side of the valve seat. However, when back pressure is exerted on the forward-flow side of the valve seat, while the milk-flow is being diverted, the leak escape should lie between two valve seats, or between two portions of the same seat, one upstream and the other downstream from the leak escape. The leak escape shall be designed and installed to discharge all leakage to the outside, or to the constant-level tank through a line separate from the diversion line, provided that, when leakage is discharged to the constant-level tank, a sight glass shall be installed in the leak escape line to provide a visual means of leak detection.

(iv) The closure of the forward-flow seat shall be sufficiently tight so that leakage past it will not exceed the capacity of the leak escape device, as evidenced when the forward-flow line is disconnected; and in order that proper seating may not be disturbed, the length of the connecting rod shall not be adjustable by the user.

(v) The flow-diversion device shall be so designed and installed that failure of the primary motivating power shall automatically divert the flow of milk.

(vi) The flow-diversion device shall be located downstream from the holder. The flow-control sensor shall be located in the milk line not more than 18 inches upstream from the flow-control device.

(vii) In the case of higher-heat-shorter-time (HHST) pasteurizing systems utilizing the temperatures of 191°F (89°C) and above and holding times of one second and less, the flow-diversion device may be located downstream from the regenerator and/or cooler sections; provided that, when the flow-diversion device is located downstream from the regenerator and/or cooler section, the flow-diversion device shall be automatically prevented from assuming the forward-flow position until all product-contact surfaces between the holding tube and flow-diversion device have been held at or above the required pasteurization temperature continuously and simultaneously for at least the required pasteurization time as set forth in section 2.44 of this Part.

(viii) The pipeline from the diversion port of the flow-diversion device shall be self-draining, and shall be free of restrictions or valves, unless such restrictions or valves are so designed that stoppage of the diversion line cannot occur.

(ix) When it is used, the pipeline from the leak detector port of the flow-diversion device shall be self-draining, and shall be free of restrictions or valves, unless such restrictions or valves are so designed that stoppage of the leak detector line cannot occur.

(3) Milk-flow controller instrumentation.

The following requirements shall be met with respect to the instrumentation of the milk-flow controller:

(i) The thermal limit controller shall be set and sealed so that forward flow of product cannot start unless the temperature at the controller sensor is above the required pasteurization temperature as defined in section 2.2(a) of this Part for the milk or milk product and the process used, nor continue during descending temperatures when the temperature is below the required pasteurization temperature. The seal shall be applied by the commissioner after testing, and shall not be removed without immediately notifying the commissioner. The system shall be so designed that no milk can be bypassed around the controller sensor which shall not be removed from its proper position during the pasteurization process. The cut-in and cut-out milk temperatures, as shown by the indicating thermometer, shall be determined at the beginning of each day's operation and entered upon the recorder chart daily by the plant operator.

(ii) In the case of HHST pasteurization systems, utilizing the temperatures of 191°F (89°C) and above, the holding times of one second or less, with the flow-diversion device located downstream from the regenerator and/or cooler section, additional temperature controllers and timers shall be interwired with the thermal limit controller, and the control system shall be set and sealed so that forward flow of product cannot start until all product-contact surfaces between the holding tube and flow-diversion device have been held at or above the required pasteurization temperature, continuously and simultaneously for at least the required pasteurization time as set forth in section 2.44 of this Part. The control system shall also be set and sealed so that forward flow cannot continue when the temperature of the product in the holding tube is below the required pasteurization temperature. The seal shall be applied by the commissioner after test, and shall not be removed without immediately notifying the commissioner. The system shall be so designed that no product can be bypassed around the control sensors, which shall not be removed from their proper position during the pasteurization process. For these HHST systems, daily measurement by the operator of the cut-in and cut-out temperatures is not required.

(iii) Manual switches for the control of pumps, homogenizers or other devices which produce flow through the holder, shall be wired so that the circuit is completed only when the milk is above the required pasteurization temperature as set forth in section 2.44 of this Part for the milk or milk product and the process used, or when the diversion device is in the fully diverted position.

(4) Holding tube.

(i) Holders shall be designed to provide for the holding of every particle of milk or milk product for at least the time required in section 2.2(a) of this Part for the milk or milk product and the process used.

(ii) The holder shall be so designed that the simultaneous temperature difference between the hottest and coldest milk in any cross-section of flow at any time during the holding period will not be greater than one degree Fahrenheit (one-half degree Celsius). This requirement may be assumed to have been satisfied without test in tubular holders of seven inches or smaller diameter which are free of any fittings through which the milk may not be thoroughly swept.

(iii) No device shall be permitted for short-circuiting a portion of the holder to compensate for changes in rate of milk flow. Holding tubes shall be installed so that sections of pipe cannot be left out, resulting in a shortened holding time.

(iv) The holding tube shall be arranged to have a continuously upward slope in the direction of flow of not less than 0.25 inch per foot.

(v) Supports for tubes shall be provided to maintain all parts of holding tubes in a fixed position, free from any lateral or vertical movement.

(vi) The holder shall be so designed that no portion between the inlet and the flow-control temperature sensor is heated.

(vii) The holding time for the HHST processes must be determined from the pumping rate rather than by the salt conductivity test, because of the short holding tube. The holding tube length must be such that the fastest flowing particle of any product will not traverse the holding tube in less than the required holding time. Since laminar flow (the fastest flowing particle travels twice as fast as the average flowing particle) can occur in the holding tube during pasteurization of high-viscosity products, holding tube lengths are calculated as twice the length required to hold the average flow for the time standard.

(viii) With the steam injection processes, the holding time is reduced because the product volume increases as the steam condenses to water during heating in the injector. This surplus water is evaporated as the pasteurized product is cooled in the vacuum chamber. For example, with a 120°F (66°C) increase by steam injection, which is probably the maximum temperature rise that will be used, a volume increase of 12 percent will occur in the holding tube. The measurement of the average flow rate at the discharge of the pasteurizer does no reflect this volume increase in the holding tube. However, this volume increase, i.e., holding time decrease, must be considered in the calculations.

(ix) With the steam injection process a pressure limit indicator is needed in the holding tube to keep the heated product in the liquid phase. The instrument must have a pressure switch so that the flow-diversion device will move to the divert position if the product pressure falls below a prescribed value. For operating temperatures between 191°F (89°C) and 212°F (100°C), the pressure switch must be set at 10 pounds per square inch (psi). For units which have operating temperatures above 212°F (100°C), the pressure switch must be set at a pressure 10 psi above the boiling pressure of the product at its maximum temperature in the holding tube.

(x) With the steam injection process, a differential pressure limit indicator across the injector is needed to ensure adequate isolation of the injection chamber. The instrument must have a differential pressure switch so that the flow-diversion device will move to the divert position if the pressure drop across the injector falls below 10 psi.

(5) Indicating and recording thermometers.

(i) An indicating thermometer shall be located as near a practicable to the temperature sensor of the recorder/controller, but may be located a short distance upstream from the latter where milk between the two thermometers does not differ significantly in temperature.

(ii) The temperature shown by the recorder/controller shall be checked daily by the plant operator against the temperature shown by the indicating thermometer. Readings shall be recorded on the chart. The recorder/controller shall be adjusted to read no higher than the indicating thermometer.

(iii) The recorder/controller charts shall comply with the applicable provisions of section 2.48 of this Part (Item 16p[D]).

(6) Flow-promoting devices.

(i) The pump, or pumps, and other equipment which may produce flow through the holder shall be located upstream from the holder, provided that pumps and other flow-promoting devices may be located downstream from the holder if means are provided to eliminate negative pressure between the holder and the inlet to such equipment. When vacuum equipment is located downstream from the holder, an effective vacuum breaker, plus an automatic means of preventing a negative pressure in the line between the flow-diversion device and the vacuum chamber, shall be acceptable.

(ii) The speed of pumps or other flow-promoting devices governing the rate of flow through the holder shall be so controlled as to insure the holding of every particle of milk for at least the time required, as set forth in section 2.44 of this Part, for the milk or milk product and the process used. In all cases, the motor shall be connected to the metering pump by means of a common drive shaft, or by means of gears, pulleys or a variable-speed drive, with the gear box, the pulley box, or the setting of the variable speed protected in such a manner that the holding time cannot be shortened without detection by the commissioner. This shall be accomplished by the application of a suitable seal(s) after tests by the commissioner, and such seal shall not be broken without immediately notifying the commissioner. The provision shall apply to all homogenizers used as timing pumps. Variable speed drives used in connection with the metering pump shall be so constructed that wearing or stretching of the belt results in a slowdown, rather than a speedup, of the pump. The metering or timing pump shall be of the positive displacement type.

(iii) The holding time shall be taken to mean the flow time of the fastest particle of milk, at or above the required pasteurization temperature, as set forth in section 2.44 of this Part, for the milk or milk product and the process used, throughout the holder section; i.e., that portion of the system that is outside of the influence of the heating medium, and slopes continuously upward in the downstream direction, and is located upstream from the flow-diversion device. Tests for holding time shall be made when all equipment and devices are operated and adjusted to provide for maximum flow. When a homogenizer is located upstream from the holder, the holding time shall be determined with the homogenizer in operation with no pressure on the homogenizer valves. Where bypass lines are provided, either upstream or downstream from the metering pump, the holding time shall be tested with both the regular and bypass line open, unless the bypass valve is so designed that both lines cannot be open at the same time. The holding time shall be tested during both forward and diverted flow. If necessary to lengthen the holding time during diverted flow, an identifiable restriction may be placed in the vertical portion of the diversion pipeline. When vacuum equipment is located downstream from the holder, the holding time shall be tested with the metering pump operating at maximum flow, and the vacuum equipment adjusted to provide for the maximum vacuum. The holding time shall be tested in both forward and diverted flow by the regulatory agency initially, quarterly thereafter, after any alteration or replacement that may effect the holding time, and whenever the seal of the speed setting has been broken.

(7) Heating by direct addition of steam. Steam injection is an inherently unstable process; accordingly, when steam is injected into a fluid, condensation of the steam may not be completed inside the injector unless the proper design criteria are used. Lack of complete condensation inside the injector would cause temperature variations in the holding tube that could lead to some product particles being processed below pasteurization temperature. When culinary steam is introduced directly into milk or milk products, as the means of terminal heating to achieve pasteurization temperature, the steam injector shall be designed, installed and operated to comply with the following or equally satisfactory specifications:

(i) The product and steam flows must be isolated from pressure fluctuations inside the injection chamber. One method of isolation is to insert supplementary orifices on the product inlet and the heated product outlet of each injector. The two supplementary orifices must be sized for at least a 10 psi product pressure drop across the injector during a simulation of normal operations. Excessive vibrations, pressure fluctuations or erratic noise levels indicate an unstable steam injection system and a need to check the isolation of the injection chamber.

(ii) The product pressure in the holding tube must be of sufficient magnitude to condense the steam and keep the heated product in the liquid phase. If this pressure is too low, the resultant vaporization in the holding tube will substantially reduce residence times. A minimum product pressure in the holding tube of 10 psi for operating temperatures from 191°F (89°C) through 212°F (100°C) is satisfactory. For units which have operating temperatures above 212°F (100°C), the pressure of the product in the holding tube must be at least 10 psi above the boiling pressure of the product at its maximum temperature in the holding tube.

(iii) The process should be as free as possible of noncondensable gases that may evolve from the product or be carried in the steam supply. Any two-phase flow caused by the noncondensable gases would displace the product in the holding tube, resulting in reduced residence times. In addition, these gases in the steam supply may also markedly alter the condensation mechanism at the point of injection. Accordingly, the steam boiler shall be supplied with a deaerator. The deaerator will aid in keeping the product in the holding tube as free as possible of noncondensable gases.

(8) Prevention of product adulteration with added water.

(i) When culinary steam is introduced directly into the milk or milk product downstream from the flow-diversion device, means shall be provided to preclude the addition of steam to the product, unless the flow-diversion device is in the forward-flow position. This provision may be satisfied by the use of an automatic steam control valve with temperature sensor located downstream from the steam inlet, or by the use of an automatic solenoid valve installed in the steam line and so wired through the flow-diversion device controls that steam cannot flow unless the flow-diversion device is in the forward-flow position.

(ii) When culinary steam is introduced directly into the milk or milk product, automatic means shall be provided to maintain a proper temperature differential between incoming and outgoing milk to preclude dilution with water.

(iii) Where a water feed line is connected to a vacuum condenser and the vacuum condenser is not separated from the vacuum chamber by a physical barrier, means shall be provided to preclude the backup and overflow of water from the vacuum condenser to the vacuum chamber. This provision may be satisfied by the use of a safety shutoff valve, located on the water feed line to the vacuum condenser, automatically actuated by a control which will shut off the inflowing water, if for example, the condensate pump stops and the water level rises above a predetermined point in the vacuum condenser. This valve may be actuated by water, air or electricity, and shall be so designed that failure of the primary motivating power will automatically stop the flow of water into the vacuum condenser.

1 CRR-NY 2.47 Pasteurizers employing regenerative heating—Item 16p(C) {#sec-1-crr-ny-2.47 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.47}

(a) Milk-to-milk regenerative heating.

Pasteurizers employing milk-to-milk regenerative heating with both sides closed to the atmosphere shall comply with the following or equally satisfactory specifications:

(1) Regenerators shall be constructed, installed and operated so that pasteurized milk in the regenerator will automatically be under greater pressure than raw milk in the regenerator at all times.

(2) The pasteurized milk, between its outlet from the regenerator and the nearest point downstream open to the atmosphere, shall rise to a vertical elevation of 12 inches above the highest raw milk level downstream from the constant-level tank and shall be open to the atmosphere at this or a higher elevation.

(3) The overflow of the top rim of the constant-level raw milk tank shall always be lower than the lowest milk level in the regenerator.

(4) No pump or flow-promoting device which can affect the proper pressure relationships within the regenerator shall be located between the pasteurized milk outlet from the regenerator and the nearest downstream point open to the atmosphere.

(5) No pump shall be located between the raw milk inlet to the regenerator and the raw milk supply tank, unless it is designed and installed to operate only when milk is flowing through the pasteurized milk side of the regenerator, and when the pressure of the pasteurized milk is higher than the maximum pressure produced by the pump. This may be accomplished by wiring the booster pump so that it cannot operate unless:

(i) the metering pump is in operation;

(ii) the flow-diversion device is in forward-flow position; and

(iii) the pasteurized milk pressure exceeds, by at least one psi, the maximum pressure developed by the booster pump. Pressure gauges shall be installed at the raw milk inlet to the regenerator and the pasteurized milk outlet of the regenerator or the outlet of the cooler. The accuracy of required pressure gauges shall be checked by the regulatory agency on installation, quarterly thereafter, and following repair or adjustment.

(6) The motor, casing and impeller of the booster pump shall be identified, and such records thereof maintained as directed by the commissioner. All electric wiring interconnections should be in permanent conduit (except that rubber-covered cable may be used for final connections), with no electrical connections to defeat the purpose of any provisions of this Part.

(7) All raw milk in the regenerator will drain freely back into the constant-level raw milk tank when the raw milk pump(s) are shut down and the raw milk outlet from the regenerator is disconnected.

(8) When vacuum equipment is located downstream from the flow-diversion device, means shall be provided to prevent the lowering of the pasteurized milk level in the regenerator during periods of diverted flow or shutdown. An effective vacuum breaker, plus an automatic means of preventing a negative pressure, shall be installed in the line between the vacuum chamber and the pasteurized milk inlet to the regenerator.

(9) In the case of HHST pasteurization systems utilizing the temperatures of 191°F (89°C) and above and holding times of one second or less, with the flow-diversion device located downstream from the regenerator and/or cooler section, the requirement that the pasteurized product from the outlet of the regenerator or cooler shall rise to vertical elevation of 12 inches above the highest raw product level downstream from the constant-level tank and shall be open to the atmosphere at this or a higher elevation, may be eliminated, provided that a differential pressure controller is used to monitor the highest pressure in the raw product side of the regenerator and the lowest pressure in the pasteurized side of the regenerator, and the controller is interlocked with the flow-diversion device and is set and sealed so that whenever improper pressures occur in the regenerator, forward flow of product is automatically prevented and will not start again until all product-contact surfaces between the holding tube and flow-diversion device have been held at or above the required pasteurization temperature, continuously and simultaneously for at least the required pasteurization time as defined in section 2.2(a) of this Part.

(10) When culinary steam is introduced directly into milk or milk products, as the means of terminal heating to achieve pasteurization temperature, and vacuum equipment is located downstream from the holding tube, the requirement that a vacuum breaker be installed at the inlet to the pasteurized side of the regenerator may be eliminated, provided that the differential pressure controller is installed and wired to control the flow-diversion device as described in paragraph (9) of this subdivision.

(11) When the differential pressure controller is installed and wired to control the flow-diversion device as described in paragraph (9) of this subdivision, the raw product booster pump may be permitted to run at all times, provided that the metering pump is in operation.

(b) Milk-to-water-to-milk regenerative heating.

Milk-to-water-to-milk regenerators with both the milk and the heat-transfer water in the raw milk section closed to the atmosphere shall comply with the following or equally satisfactory specifications:

(1) Regenerators of this type shall be so designed, installed and operated that the heat-transfer-medium side of the regenerator in the raw milk section will, automatically, be under greater pressure than the raw side at all times.

(2) The heat-transfer water shall be a safe water and the heat-transfer water shall be in a covered tank which is open to the atmosphere at an elevation higher, by at least 12 inches, than any raw milk level downstream from the constant-level tank. The heat-transfer water between its outlet from the regenerator and the nearest point downstream open to the atmosphere shall rise to a vertical elevation of at least 12 inches above any raw milk in the system and shall be open to the atmosphere at this or a higher elevation.

(3) The heat-transfer water circuit shall be full of water at the beginning of the run, and all loss of water from the circuit shall be automatically and immediately replenished whenever raw milk is present in the regenerator.

(4) The overflow of the top rim of the constant level raw milk tank shall always be lower than the lowest milk level in the raw milk section of the regenerator. The regenerator shall be designed and installed so that all raw milk shall drain freely back to the upstream supply tank when the raw milk pumps are shut down and the raw milk line is disconnected from the regenerator outlet.

(5) No pump shall be located between the raw milk inlet to the regenerator and the raw milk supply tank, unless it is designed and installed to operate only when water is flowing through the heat-transfer section of the regenerator, and when the pressure of the heat-transfer water is higher than the pressure of the raw milk. This may be accomplished by wiring the booster pump so that it cannot operate unless:

(i) the heat-transfer water pump is in operation; and

(ii) the heat-transfer water pressure exceeds, by at last one pound per square inch, the raw milk pressure in the regenerator. Pressure gauges shall be installed at the raw milk inlet and the heat-transfer water outlet of the regenerator. The accuracy of the required pressure gauges shall be checked by the regulatory agency on installation, quarterly thereafter, and following repair or replacement.

Note:

See Appendix 3 of this Title for further discussion concerning methods of achieving the required pressure relationships within the regenerator.

1 CRR-NY 2.48 Temperature recording charts, equipment tests and examinations—Item 16p(D) {#sec-1-crr-ny-2.48 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.48}

(a) Temperature recording charts.

All temperature recording charts shall be preserved for a period of three months. The use of such charts shall not exceed the time limit for which they are designed. Overlapping of recorded data shall be a violation of this item. The following information shall be entered on the charts as applicable:

(1) Batch pasteurizers:

(i) Date.

(ii) Number or location of recorder when more than one is used.

(iii) Extent of holding period, including filling and emptying times when required, section 2.45 of this Part (Item 16p[A]).

(iv) Reading of airspace thermometer within the holding period at a given time or reference point as indicated on the chart, section 2.45 of this Part (Item 16p[A]).

(v) Reading of indicating thermometer within the holding period at a given time or reference point as indicated on the chart, section 2.45 of this Part (Item 16p[A]).

(vi) Quarterly, the initials of the regulatory agency opposite the required readings of the indicating thermometer and airspace thermometer, section 2.45 of this Part (Item 16p[A]).

(vii) Quarterly, the time accuracy of the record, as determined by the regulatory agency (Appendix 4, infra, Test 3).

(viii) Amount and name of pasteurized milk or milk product represented by each batch or run on the chart.

(ix) Record of unusual occurrences.

(x) Signature or initials of operator.

(xi) Name of milk plant.

(2) High-temperature-short-time pasteurizers. Recording thermometer charts shall contain all the information specified in paragraph (1) of this subdivision, except subparagraphs (iii) and (iv) and reference to airspace thermometers in subparagraph (vi), and, in addition, shall include the following:

(i) A record of the time during which the flow-diversion device is in the forward-flow position.

(ii) The cut-in and cut-out milk temperatures recorded daily by the operator at the beginning of the run, and initialed quarterly by the regulatory agency, section 2.46 of this Part (Item 16p[B]).

Note:

The recorded temperature shown on the controller chart shall be used to determine that the required temperature for milk products containing higher fat and/or sweeteners has been achieved.

(3) Equipment tests and examinations. The regulatory agency shall perform the indicated tests on the following instruments and devices initially on installation, and at least once each three months thereafter, and whenever any alteration or replacement is made which may affect the proper operation of the instrument or device, provided that the holding time test shall be conducted at least every six months. (See table in subdivision [b] of this section.)

(4) Removal of regulatory seals and resumption of pasteurization. No equipment required to be sealed pursuant to section 2.46 of this Part shall be used if the regulatory seal has been broken unless the conditions set forth in subparagraphs (i) through (iii) of this paragraph are met:

(i) the commissioner is notified promptly;

(ii) the provisions of section 2.46 of this Part are otherwise continuously met and compliance therewith is documented in a form satisfactory to the commissioner; and

(iii) a sample of the milk, milk product, melloream or frozen dessert processed or manufactured in such equipment is properly taken immediately after the resumption of pasteurization and every two hours thereafter and properly analyzed in an officially designated laboratory for the presence of phosphatase and is found to not exceed the phosphatase standard set forth in section 2.8 of this Part. No milk, milk products, melloream or frozen dessert processed or manufactured in equipment from which a seal has been broken shall be removed from the milk plant until the processing plant superintendent determines that all of the provisions set forth in subparagraphs (i) through (iii) of this paragraph have been met.

(b) Table.

| Instrument or device | Test No. | Test objective | | --- | --- | --- | | | | | | Batch pasteurizer indicating thermometer | 1 | Accuracy. | | Batch pasteurizer recording thermometer | 2 | Temperature accuracy. | | Batch pasteurizer recording thermometer | 3 | Time accuracy. | | Batch pasteurizer recording thermometer | 4 | Check reading of recording thermometer against indicating thermometer. | | Airspace thermometer | 1 | Accuracy. | | Valves | 6 | Leakage in plug–type leak–protector valves and poppet–type valves. | | HTST indicating thermometer | 1 | Accuracy. | | HTST indicating thermometer | 7 | Thermometric response. | | HTST recording thermometer | 2 | Temperature accuracy. | | HTST recording thermometer | 3 | Time accuracy. | | HTST recorder controller | 2 | Temperature accuracy. | | HTST recorder controller | 4 | Check reading of recorder controller against indicating thermometer. | | HTST recorder controller | 8 | Thermometric response. | | HTST recorder controller | 10 | Confirm cut–in and cut–out temperatures. | | HTST flow–diversion device | 5 | Assembly and function. | | HTST auxiliary (booster) pump | 9 | Function of automatic control devices. | | HTST auxiliary (booster) pump | 9 | Accuracy of pressure gauges. | | HTST system | 11 | Check holding time. | | HHST system | 12 | Thermal limit control for sequence logic. | | HHST system | 13 | Setting of control switches for product pressure in the holding tube. | | HHST system | 14 | Setting of control switches for differential pressure across the injector. |

1 CRR-NY 2.49 Cooling of milk—Item 17p {#sec-1-crr-ny-2.49 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.49}

(a) All raw milk and milk products are maintained at 45°F (7°C) or less until processed.

(b) All pasteurized milk and milk products, except those to be cultured, are cooled immediately in approved equipment prior to filling and packaging to a temperature of 45°F (7°C) or less. All pasteurized milk and milk products shall be stored at a temperature of 45°F (7°C) or less.

(c) Each freezer and cold storage compartment used to store and hold food capable of supporting growth of microorganisms must be fitted with an indicating thermometer, temperature-measuring device, or temperature-recording device that complies with the applicable specifications of Appendix 3 of this Title and shall be installed as to show the temperature accurately within the compartment. Such thermometer shall be located in the warmest zone of the freezer and cold storage compartment. Each storage tank shall be equipped with an indicating thermometer, the sensor of which shall be located to permit the registering of the temperature of the contents when the tank contains no more than 20 percent of its calibrated capacity. Such thermometer shall comply with the applicable specifications of Appendix 3 of this Title and shall be installed as to show the temperature accurately within the compartment.

(d) All surface coolers comply with the following specifications:

(1) The sections of open-surface coolers shall be so installed as to leave a gap of at least 0.25 inch between the header sections to permit easy cleaning.

(2) Where header ends are not completely enclosed within the cooler covers, condensation or leakage from the headers shall be prevented from entering the milk or milk products by so shaping the exposed header faces, above and below all gaps, that condensation is directed away from the tubes, and by using deflectors at the bottom of the headers, or by shortening the bottom through, or by some other approved method.

(3) The location of supports of cooler sections shall prevent drip from entering the milk or milk products.

(4) All open-surface coolers shall be provided with tight-fitting shields which protect the milk and milk products from contamination by flies, dust, drip, splash or manual contact.

(e) Recirculated cold water which is used in coolers and exchangers, including those systems in which a freezing point depressant is used, is from a safe source and protected from contamination. Such water shall be tested semiannually and shall comply with the bacteriological standards. Recirculated water systems which become contaminated through repair work or otherwise shall be properly treated and tested before being returned to use. Freezing point depressants, when used in recirculating systems, shall be nontoxic.

1 CRR-NY 2.50 Bottling and packaging—Item 18p {#sec-1-crr-ny-2.50 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.50}

(a) All milk and milk products, including concentrated milk and milk products, are bottled and packaged at the plant where final pasteurization is performed, provided that this requirement shall not apply to frozen desserts. Such bottling and packaging shall be done without undue delay following final pasteurization.

(b) All bottling or packaging is done on approved mechanical equipment. The term approved mechanical equipment shall not be interpreted to exclude manually operated machinery but is interpreted to exclude methods in which the bottling and capping devices are not integral in one system.

(c) Bottling or packaging machines are designed to minimize the need for adjustment during operation. All pipes, connections, defoaming devices and similar appurtenances shall comply with sections 2.38 and 2.39 of this Part (Items 10p and 11p).

(d) Bottling or packaging machine supply tanks and bowls have covers which are constructed to prevent any contamination from reaching the inside of the filler tank or bowl. All covers shall be in place during operation.

(e) A drip deflector is installed on each filler valve. Such drip deflector shall be designed and adjusted to divert condensation away from the open container.

(f) Container infeed conveyors to automatic bottling or packaging machines have overhead shields to protect the bottles or packages from contamination. Such shields shall extend from the bottle washer discharge to the bottle feed star or, in the case of single-service packaging machines, from the forming unit discharge to the filling unit and from the filling unit to the closure unit. Overhead shields shall be required on can infeed conveyors when the cans are fed to the filler with covers off.

(g) Container fabricating materials, such as paper stock, foil, wax, plastic, etc., are handled in a sanitary manner and protected against undue exposure during the package assembly operation.

(h) Bottling and packaging machine floats are designed to be adjustable without removing the cover.

(i) The filler pipe of all bottling and packaging machines have an apron or other approved device as close to the filler bowl as possible to prevent condensation or drip from reaching the inside of the filler bowl.

(j) Filling cylinders on packaging machines are protected from contamination by the use of overhead shields. When any lubricant is applied to the filler pistons, cylinders or other milk-contact surfaces, the lubricant shall be nontoxic, sterile, and shall be sparingly applied in a sanitary manner.

(k) Milk and milk products from continuous defoamers are not returned directly to the filler bowl.

(l) Butter liners, before use, are completely immersed in a salt solution in a non-corrosive container for not less than 30 minutes at the boiling point and held in this solution until used. At least 15 pounds of salt shall be used for every 100 pounds of solution, and the solution shall be changed frequently to keep it clean.

1 CRR-NY 2.51 Capping—Item 19p {#sec-1-crr-ny-2.51 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.51}

(a) capping or closing of milk and milk product containers is done in a sanitary manner using approved mechanical capping/closing equipment. The term approved mechanical capping and/or closing equipment shall not exclude manually operated machinery. Hand-capping shall be prohibited; provided that, if suitable mechanical equipment for the capping or closing of specific container(s) of three gallons or more is not available, other methods which eliminate all possibility of contamination may be approved by the regulatory agency.

(b) All mechanical capping or closure mechanisms are designed to minimize the need for adjustment during operation.

(c) Bottles and packages which have been imperfectly capped or closed are emptied immediately into approved sanitary containers. Such milk or milk products shall be protected from contamination, maintained at 45°F (7°C) or less, and subsequently repasteurized or discarded.

(d) All caps and closures are designed and applied in such a manner that the pouring lip is protected to at least its largest diameter and, with respect to fluid product containers, removal cannot be made without detection. Single-service containers are so constructed that the product and the pouring and opening areas are protected from contamination during handling, storage, and when the containers are initially opened.

(e) Caps and closures are handled in a sanitary manner. The first cap from each tube, the first cap(s) from each roll of cap or cover stock, and the first sheet of parchment or cover paper shall be discarded. The subsequent use of loose caps which are left in the cappers at the end of an operating period after removal from the cap tubes shall be a violation of this item.

1 CRR-NY 2.52 Personnel cleanliness—Item 20p {#sec-1-crr-ny-2.52 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.52}

All persons working in direct contact with food, food-contact surfaces, and food-packaging materials must conform to hygienic practices while on duty to the extent necessary to protect against allergen cross-contact and against contamination of food. The methods for maintaining cleanliness include:

(a) Wearing outer garments suitable to the operation in a manner that protects against allergen cross-contact and against the contamination of food, food-contact surfaces, or food-packaging materials.

(b) Maintaining adequate personal cleanliness.

(c) Washing hands thoroughly (and sanitizing if necessary to protect against contamination with undesirable microorganisms) in an adequate hand-washing facility before starting work, after each absence from the work station, and at any other time when the hands may have become soiled or contaminated.

(d) Removing all unsecured jewelry and other objects that might fall into food, equipment, or containers, and removing hand jewelry that cannot be adequately sanitized during periods in which food is manipulated by hand. If such hand jewelry cannot be removed, it may be covered by material which can be maintained in an intact, clean, and sanitary condition and which effectively protects against the contamination by these objects of the food, food-contact surfaces, or food-packaging materials.

(e) Maintaining gloves, if they are used in food handling, in an intact, clean, and sanitary condition.

(f) Wearing, where appropriate, in an effective manner, hair nets, headbands, caps, beard covers, or other effective hair restraints.

(g) Storing clothing or other personal belongings in areas other than where food is exposed or where equipment or utensils are washed.

(h) Confining the following to areas other than where food may be exposed or where equipment or utensils are washed: eating food, chewing gum, drinking beverages, or using tobacco.

(i) Taking any other necessary precautions to protect against allergen cross-contact and against contamination of food, food-contact surfaces, or food-packaging materials from microorganisms or foreign substances (including perspiration, hair, cosmetics, tobacco, chemicals, and medicines applied to the skin).

1 CRR-NY 2.53 Vehicles—Item 21p {#sec-1-crr-ny-2.53 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.53}

(a) All vehicles used for transportation of pasteurized milk and milk products shall be constructed and operated so that the milk and milk products are maintained at 45°F (7°C) or less, and are protected from sun, from freezing and from contamination.

(b) This item is deemed to be satisfied when:

(1) All vehicles are kept clean.

(2) Material which is capable of contaminating milk or milk products is not transported with milk or milk products.

(3) Vehicles have fully enclosed bodies with well-fitted solid doors.

1 CRR-NY 2.54 Surroundings—Item 22p {#sec-1-crr-ny-2.54 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.54}

(a) The grounds about a milk plant under the control of the operator shall be kept in a condition that will protect against the contamination of food. The methods for adequate maintenance of grounds shall include:

(1) properly storing equipment, removing litter and waste, and cutting weeds or grass within the immediate vicinity of the plant that may constitute an attractant, breeding place, or harborage for pests;

(2) maintaining roads, yards, and parking lots so that they do not constitute a source of contamination in areas where food is exposed;

(3) adequately draining areas that may contribute contamination to food by seepage, filth, or providing a breeding place for pests;

(4) operating systems for waste treatment and disposal in an adequate manner so that they do not constitute a source of contamination in areas where food is exposed;

(5) grading, draining, and keeping free of standing water driveways, lanes, and areas adjacent to the milk plant;

(6) constructing outdoor areas for milk tank truck unloading from smooth concrete or equally impervious material that are properly sloped to drain and are equipped with trapped drains of sufficient size;

(7) using only those insecticides and rodenticides that have been approved for use by the Department and/or registered with the U.S. Environmental Protection Agency;

(8) if the plant grounds are bordered by grounds not under the operator's control and not maintained in the manner described in paragraphs (1) through (8) of this subdivision, care must be exercised in the plant by inspection, extermination, or other means to exclude pests, dirt, and filth that may be a source of contamination.

(b) Rubbish and any waste shall be so conveyed, stored, and disposed of as to minimize the development of odor, minimize the potential for the waste becoming an attractant, harborage or breeding place for pests, and protect against contamination of food, food-contact surfaces, food-packaging materials, water supplies, and ground surfaces.

1 CRR-NY 2.55 Receiving station requirements {#sec-1-crr-ny-2.55 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.55}

A receiving station shall comply with each of the items required for a milk plant as set forth in this Part which are applicable to a receiving station's activities. The partitioning requirement of Item 5p and the requirements of Items 16p, 18p, 19p and 21p shall not apply.

1 CRR-NY 2.56 Transfer station requirements {#sec-1-crr-ny-2.56 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.56}

A transfer station shall comply with each of the items required for a milk plant as set forth in this Part which are applicable to its activities. Item 5p, 13p, 16p-19p and 21p shall not apply.

1 CRR-NY 2.57 Tank truck cleaning and sanitizing facilities requirements {#sec-1-crr-ny-2.57 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.57}

Facilities for cleaning and sanitizing of milk tank trucks shall comply with items required for such purposes in milk plants as set forth in this Part. Items 13p, 16p-19p and 21p shall not apply.

1 CRR-NY 2.58 Animal health {#sec-1-crr-ny-2.58 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.58}

(a) All milk for manufacturing or processing shall be from herds which are located in an accredited or modified accredited tuberculosis area as determined by the U.S. Department of Agriculture; provided, that herds located in an area that fails to maintain such accredited status shall have been accredited by said department as tuberculosis-free, or shall have passed an annual tuberculosis test.

(b) All milk for pasteurization shall be from herds under the cooperative State-Federal brucellosis eradication program and located in a classified brucellosis-free or class A state, as defined by the U.S. Department of Agriculture. If located in class B or C state, they shall meet U.S. Department of Agriculture requirements for an individually certified herd. All brucellosis reactors disclosed on blood agglutination tests shall be separated immediately from the milking herd.

(c) For diseases other than brucellosis and tuberculosis, the Department of Agriculture and Markets may require such physical, chemical or bacteriological tests as it deems necessary. The diagnosis of other diseases in dairy cattle shall be based upon the findings of a licensed veterinarian or a veterinarian in the employ of the Department of Agriculture and Markets. Any diseased animal disclosed by such test(s) shall be disposed of as the department directs.

1 CRR-NY 2.60 Animal health requirements for raw milk sales for permittees selling raw milk {#sec-1-crr-ny-2.60 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.60}

(a) Permittees selling raw cow or goat milk shall be in compliance with regulations for the detection and control of tuberculosis contained in section 2.58 of this Part.

(b) Permittees selling raw cow milk shall participate in the Division of Animal Industry milk ring testing program. Individual blood agglutination tests shall be performed on all animals in the herd following a positive reaction to the ring test.

(c) Permittees selling raw goat milk shall have individual blood agglutination tests made on each adult animal each year.

(d) Whenever any milking animal is found to be infected with brucellosis as indicated by the blood agglutination test, all distribution of raw milk from that herd shall be immediately suspended. The permittee shall comply with the procedures and directives of the Division of Animal Industry regarding infected animals and shall not offer any further raw milk for distribution from that herd until again authorized to do so by the Department of Agriculture and Markets.

(e) Persons holding a permit to sell raw milk shall enroll and remain in a milk sampling program conducted by Quality Milk Promotion Services for detection of pathogenic bacteria.

1 CRR-NY 2.61 Transferring; delivery containers; cooling {#sec-1-crr-ny-2.61 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.61}

(a) Except as permitted in this section, no milk producer, milk hauler or distributor shall transfer milk or milk products from one container or milk tank truck to another on the street, in any vehicle, store or in any place except a milk plant, receiving station, transfer station or milkhouse especially used for that purpose. The dipping or ladling of milk or fluid milk products is prohibited.

(b) No one shall sell or serve any milk or fluid milk product except in the individual, original container received from the distributor, or from an approved bulk dispenser, provided that this requirement shall not apply to milk for mixed drinks requiring less than a half-pint of milk, or to cream, whipped cream or half-and-half which is consumed on the premises and which may be served from the original container of not more than half-gallon capacity, or from a bulk dispenser approved for such service by the regulatory agency.

(c) Bulk dispensers.

Bulk dispensers, approved by the regulatory agency, shall satisfy the following sanitary design, construction and operation requirements:

(1) All dispensers shall comply with the applicable requirements of this Part.

(2) Product-contact surfaces shall be inaccessible to manual contact, droplet infection, dust or flies; but the delivery orifice may be exempted from this requirement.

(3) All parts of the dispensing device with which milk or milk products come into contact, including any measuring device, shall be thoroughtly cleaned and sanitized at the milk plant; provided, that dispensing valves which are applied to the dispenser subsequent to its delivery to the retail vendor may be cleaned and sanitized at such establishments.

(4) The dispensing container shall be filled at the milk plant and shall be so sealed that it is impossible to withdraw any part of its contents, or to introduce any substance without breaking the seal(s).

(5) The milk or milk products shall be thoroughly and automatically mixed with each dispensing operation, except for milk or milk products which remain homogeneous.

(6) All cans shall be thoroughly cleaned and sanitized. Milk and milk products shall be kept at or below 45°F (7°C) at all times. The dispenser tube shall be integral with the dispensing container, shall be protected, and shall be under adequate refrigeration during transportation and storage.

1 CRR-NY 2.63 [Repealed] {#sec-1-crr-ny-2.63 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.63}

1 CRR-NY 2.64 Equipment installer permit {#sec-1-crr-ny-2.64 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.64}

(a) Any person who commercially constructs, reconstructs, or extensively renovates a milkhouse, milking barn, stable or parlor in a dairy farm or who constructs or extensively renovates a transfer station, receiving station or milk plant, and any person who commercially installs or modifies milk handling equipment on dairy farms or in milk plants, transfer stations or receiving stations shall file an application for a permit 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. The commissioner may decline to grant a permit, or may suspend or revoke a permit, upon due notice and opportunity for a hearing, when he is satisfied by substantial evidence that the applicant or permit holder does not have the qualifications to properly install equipment or has not complied with the provisions of subdivision (b) of this section. A permit holder shall inform the commissioner when any information set forth in his application is no longer accurate.

(b) Every equipment installer shall submit plans for the construction, reconstruction or extensive renovation of a milkhouse, milking barn, stable or parlor in a dairy farm or for the construction, reconstruction or extensive renovation of a transfer station, receiving station, or milk plant, or for the installation or modification of milk handling equipment on dairy farms or in milk plants, transfer stations or receiving stations, in a form approved by the commissioner and shall set forth and describe the equipment to be installed and the manner of installation. No work shall be done unless the plans therefor are submitted to the commissioner and the commissioner determines that the work to be done will not cause the dairy farm, milk plant, transfer station or receiving station, as the case may be, to be in noncompliance with the provisions of this Part. If the commissioner approves plans, all work shall substantially conform to the approved plans.

(c) Failure to comply with the requirements of this section shall subject such persons to the penalties authorized in section 40 of the Agriculture and Markets Law and/or registration suspension or revocation.

1 CRR-NY 2.65 Personnel health {#sec-1-crr-ny-2.65 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 2.65}

(a) Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of food, food-contact surfaces, or food-packaging materials becoming contaminated, shall be excluded from any operations until the condition is corrected, unless conditions such as open lesions, boils, and infected wounds are adequately covered (e.g., by an impermeable cover). Personnel must be instructed to report such health conditions to their supervisors.

(b) No person affected with any disease in a communicable form, or while a carrier of such disease, shall work at any dairy farm or milk plant in any capacity which brings him into contact with the production, handling, storage or transportation of milk, milk products, containers, equipment and utensils; and no dairy farm or milk plant operator shall employ in any such capacity any such person, or any person suspected of having any disease in a communicable form, or of being a carrier of such disease. Any producer or distributor of milk or milk products, upon whose dairy farm, or in whose milk plant any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form, or has become a carrier of such disease, shall notify the regulatory agency immediately.

(c) When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk and/or milk products, the regulatory agency is authorized to require any or all of the following measures:

(1) the immediate exclusion of that person from milk handling;

(2) the immediate exclusion of the milk supply concerned from distribution and use; and

(3) adequate medical and bacteriological examination of the person, of his associates, and of his and their body discharges.

Part 3 REQUIREMENTS FOR THE PRODUCTION, PROCESSING AND DISTRIBUTION OF GRADE A CONDENSED MILK, DRY MILK PRODUCTS, CONDENSED WHEY AND DRY WHEY PRODUCTS

1 CRR-NY 3.1 Application {#sec-1-crr-ny-3.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.1}

The requirements of this Part shall apply to all condensed milk, dry milk products, condensed whey and dry whey products for use in preparation of grade A milk products pursuant to Part 2 of this Subchapter.

1 CRR-NY 3.2 Definitions {#sec-1-crr-ny-3.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.2}

The following definitions shall apply in the interpretation and enforcement of this Part:

(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.

1 CRR-NY 3.3 Permit required {#sec-1-crr-ny-3.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.3}

(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.

1 CRR-NY 3.4 Labeling {#sec-1-crr-ny-3.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.4}

(a) A permit holder shall label all containers and packages of condensed milk, dry milk products, condensed whey and dry whey products in accordance with the requirements of Parts 17 and 38 of this Chapter, and shall conspicuously and permanently label or mark all said containers and packages with:

(1) the name of the contents as given in the definitions of this Part, if used, and the common name of the ingredients;

(2) the words Grade A;

(3) the identity of the plant in which the product was manufactured or processed, by either name and address or permit number, and identity of the regulatory agency issuing such permit; and in the latter case, the name and address of the distributor shall be shown by a statement such as “Distributed by. . . .”; and

(4) a code or lot number identifying the contents with a specific date, run or batch of the product, and the quantity of the contents of the container.

(b) Milk tank trucks transporting milk, whey, condensed whey or condensed milk products to a drying plant from sources of supply not under the routine supervision of the regulatory agency are required to be marked with the name and address of the condensing plant or name and address of the hauler and shall be sealed. A shipping statement shall be prepared for each shipment and shall contain the following information:

(1) shipper's name, address, and permit number;

(2) permit identification of hauler, if not employee of shipper;

(3) point of origin of shipment;

(4) tanker identity number;

(5) name of product;

(6) weight of product;

(7) grade of product;

(8) temperature of product when applicable;

(9) date of loading; and

(10) name of supervising regulatory agency at the point of origin.

(c) One copy of the shipping statement shall be retained by the consignor and one copy of the shipping statement by the hauler. Two copies of the shipping statement shall be delivered to the consignee with the shipment. The consignee shall forward one copy to the regulatory agency in the receiving area. Upon requests, the local regulatory agency shall return to the official supervising agency the following information:

(1) date and time of arrival of product;

(2) temperature of product;

(3) bacterial count and butterfat test of product on individual shipment;

(4) adequacy of seals; and

(5) other pertinent information.

Entries made on shipping statements by consignors or consignees shall be legible. When the interstate shipment is derived from more than one point of origin, separate shipping statements for each of the sources involved shall accompany the shipment. The shipping statement shall be retained on file for a period of at least six months.

(d) Required labeling information shall be in letters of an acceptable size, kind and color satisfactory to the regulatory agency and shall contain no marks or words which are misleading. Other information, such as a registered trademark design, which is not misleading and does not obscure any of the labeling requirements above may also be included.

1 CRR-NY 3.5 [Repealed] {#sec-1-crr-ny-3.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.5}

1 CRR-NY 3.7 Quality standards for milk, milk products, condensed and dry milk products and whey {#sec-1-crr-ny-3.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.7}

| Product | | Standards | | --- | --- | --- | | Grade A raw milk for pasteurization | Temperature | Cooled to 45°F (7°C) or less within two hours after milking; provided that the blend temperature following subsequent milkings does not exceed 50°F (10°C). | | | Bacterial limits | Not to exceed 300,000 per milliliter as commingled milk prior to pasteurization. | | | Inhibitory substances | No detectable zone by a method acceptable to the commissioner. | | Grade A pasteurized condensed milk | Temperature | Cooled to 45°F (7°C) or less and maintained thereat, unless drying is commenced immediately after condensing. | | | Bacterial limits | Not to exceed 30,000 per gram. | | | Coliform limit | Not to exceed 10 per gram. | | | Inhibitory substances | No detectable zone by a method acceptable to the commissioner. | | | Phosphatase | Less than 1 microgram per milliliter by Scharer Rapid Method or equivalent. | | Grade A nonfat dry milk | Not more than: | | | | Butterfat | 1.25% | | | Moisture | 4.00% | | | Titratable acidity | 0.15% | | | Solubility index | 1.25 milliliters | | | Bacterial estimate | 30,000 per gram | | | Coliform | 10 per gram | | | Scorched particles disc B | 15.0 per gram | | | Inhibitory substances | No detectable zone by a method acceptable to the commissioner. | | Grade A whey for condensing | Temperature | Maintained at a temperature of 45°F (7°C) or less, or 145°F (63°C) or greater. | | | Inhibitory substances | No detectable zone by a method acceptable to the commissioner. | | Grade A pasteurized condensed whey | Temperature | Cooled to 45°F (7°C) or less during crystallization, within 18 hours of condensing. | | | Bacterial limit | Not to exceed 30,000 per gram. | | | Coliform limit | Not to exceed 10 per gram. | | | Inhibitory substances | No detectable zone by a method acceptable to the commissioner. | | | Phosphatase | Less than 1 microgram per milliliter by Scharer Rapid Method or equivalent. | | Grade A dry whey | Bacterial limit | Not to exceed 30,000 per gram. | | | Coliform limit | Not to exceed 10 per gram. | | | Inhibitory substances | No detectable zone by a method acceptable to the commissioner. |

SANITATION REQUIREMENTS FOR ALL CONDENSING PLANTS AND DRYING PLANTS MAKING GRADE A CONDENSED MILK PRODUCTS, DRY MILK PRODUCTS, CONDENSED WHEY AND DRY WHEY SANITATION REQUIREMENTS FOR ALL CONDENSING PLANTS AND DRYING PLANTS MAKING GRADE A CONDENSED MILK PRODUCTS, DRY MILK PRODUCTS, CONDENSED WHEY AND DRY WHEY

1 CRR-NY 3.8 Facilities for cleaning and sanitizing milk trucks {#sec-1-crr-ny-3.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.8}

Facilities for cleaning and sanitizing milk tank trucks shall comply with the following sections of this Part:

3.9 (Item 1p) 3.19 (Item 11p)

3.12 (Item 4p) 3.20 (Item 12p)

3.14 (Item 6p) 3.22 (Item 14p)

3.15 (Item 7p) 3.23 (Item 15p)

3.16 (Item 8p) 3.28 (Item 17p)

3.17 (Item 9p) 3.30 (Item 19p)

3.18 (Item 10p)

1 CRR-NY 3.9 Floors—construction—Item 1p {#sec-1-crr-ny-3.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.9}

(a) The floors of all rooms in which milk, milk products, whey, and condensed and dry milk products are processed, handled, packaged or stored or in which containers or utensils are washed, are constructed of good quality concrete, or equally impervious tile or brick laid closely with impervious joints, or other material which is the equivalent of good quality concrete. The floors of storage rooms for dry ingredients and/or packaging material may be constructed of tightly joined wood.

(b) The floor surface is smooth and sloped, so that there are no pools of standing water after flushing; and the joints between the floor and the walls are impervious.

(c) The floors are provided with trapped drains. Cold-storage rooms used for storing milk, milk products and whey need not be provided with floor drains when the floors are sloped to drain to one or more exits. Storage rooms for dry ingredients, dry packaged products and/or packaging materials need not be provided with drains.

1 CRR-NY 3.10 Walls and ceilings—construction—Item 2p {#sec-1-crr-ny-3.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.10}

(a) Walls and ceilings are finished with smooth, washable, light-colored painted wood, tile, smooth-surface concrete, cement plaster, brick or other equivalent materials with washable, light-colored surfaces.

(b) Walls, partitions, windows, and ceilings are kept in good repair and refinished as often as the finish wears off or becomes discolored.

1 CRR-NY 3.11 Doors and windows—Item 3p {#sec-1-crr-ny-3.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.11}

(a) All openings to the outer air are effectively protected by:

(1) screening;

(2) effective electric screen panels;

(3) fans or air curtains which provide sufficient air velocity so as to prevent the entrance of flies;

(4) properly constructed flaps where it is impractical to use self-closing doors or air curtains; or

(5) any effective combination of paragraphs (1), (2), (3) or (4) of this subdivision, or by any other method which prevents the entrance of flies.

(b) All outer doors are tight and self-closing. Screen doors shall open outward.

(c) All outer openings are rat-proofed to the extent necessary to prevent the entry of rodents.

1 CRR-NY 3.12 Lighting and ventilation—Item 4p {#sec-1-crr-ny-3.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.12}

(a) Adequate light sources are provided (natural, artificial or a combination of both) which furnish at least 20 foot-candles of light in all working areas. This shall apply to all rooms where milk, milk products, whey, and condensed and dry milk products are handled, processed, stored, packaged or where utensils, containers and/or equipment are washed. Dry-storage and cold-storage rooms shall be provided with at least 5 foot-candles of light.

(b) Ventilation in all rooms is sufficient to keep them reasonably free of odors and excessive condensation on equipment, walls and ceilings.

(c) Pressurized ventilating systems, if used, have a filtered air intake.

(d) Ventilating systems in packaging rooms, where used, are separate systems and, where possible, have the ducts installed in a vertical position.

1 CRR-NY 3.13 Separate rooms—Item 5p {#sec-1-crr-ny-3.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.13}

(a) Pasteurizing, processing, cooling and condensing are conducted in a single room(s), but not in the same room(s) used for the cleaning of milk cans and portable storage bins or the unloading and/or cleaning and sanitization of milk tank trucks.

(b) All bulk milk or whey storage tanks are vented into a room used for pasteurization, processing or cooling operations, or into a storage tank gallery room; provided that vents located elsewhere, which are adequately equipped with air filters so as to preclude the contamination of the milk or whey, shall be considered satisfactory.

(c) Solid doors installed in required partitions are self-closing.

(d) Facilities for the cleaning and sanitizing of milk tank trucks are properly equipped for manual and/or mechanical operations. When such facilities are not provided on the plant premises, these operations shall be performed at a receiving station, transfer station or separate tank-washing installation.

(e) All rooms in which milk, milk products, whey, condensed or dry milk products are handled, processed or stored, or in which containers, utensils and equipment are washed or stored, do not open directly into any stable or any room used for domestic purposes.

(f) All rooms shall be of sufficient size for their intended purposes.

1 CRR-NY 3.14 Toilet—sewage disposal facilities—Item 6p {#sec-1-crr-ny-3.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.14}

(a) Suitable toilet facilities shall be provided.

(b) Toilet rooms do not open directly into any room in which milk, milk products, whey, or condensed and dry milk products are processed or dried.

(c) Toilet rooms are completely enclosed and have tightfitting self-closing doors.

(d) Dressing rooms, toilet rooms and fixtures are kept in a clean condition, in good repair, and are well ventilated and well lighted.

(e) Toilet tissue and easily cleanable covered waste receptacles are provided in toilet rooms.

(f) All plumbing is installed to meet the applicable provisions of the State or local plumbing code.

(g) Sewage and other liquid wastes are disposed of in a sanitary manner.

(h) Non-water-carried sewage disposal facilities are not used.

1 CRR-NY 3.15 Water supply—Item 7p {#sec-1-crr-ny-3.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.15}

(a) Water for milk plant purposes is from an adequate supply, properly located, protected and operated. It shall be easily accessible and of a safe, sanitary quality.

(b) The water supply is approved as safe by the State water control authority and in the case of individual water systems, it shall contain an MPN (most probable number of coliform organisms) of less than 2.2/100 milliliters by the multiple tube fermentation technique or less than 1/100 milliliter by the membrane filter technique.

(c) There is no cross-connection between the safe water supply and any unsafe or questionable water supply, or any source of pollution through which the safe water supply might become contaminated. A connection between the water supply piping and a make-up tank (such as for cooling or condensing), unless protected by an air gap or effective backflow preventor, constitutes a violation of this requirement.

(d) Condensing water for milk evaporators, and water used to produce vacuum and/or to condense vapors in vacuum heat processing equipment, is from a source complying with subdivision (b) of this section, provided that, when approved by the commissioner, water from sources not complying with subdivision (b) may be used when the evaporator or vacuum heat equipment is constructed and operated to preclude contamination of such equipment or its contents by condensing water or by water used to produce vacuum. Means of preventing such contamination are:

(1) use of a surface-type condenser in which the condensing water is physically separated from the vapors and condensate; or

(2) use of reliable safeguards to prevent the overflow of condensing water from the condenser into the evaporator. Such safeguards include a barometric leg extending at least 35 feet vertically from the invert of the outgoing condensing waterline to the free level at which the leg discharges, or a safety shutoff valve, located on the water feed line to the condenser, automatically actuated by a control which will shut off the inflowing water when the water level rises above a predetermined point in the condenser. This valve may be actuated by water, air or electricity, and shall be designed so that failure of the primary motivating power will automatically stop the flow of water into the condenser.

(e) Condensing water for all milk evaporators, complying with subdivision (b) of this section, and water reclaimed from milk or milk products, may be reused when all necessary means of protection are afforded and it has been inspected and approved by the commissioner's representative.

(f) New individual water supplies and water supply systems, which have been repaired or otherwise become contaminated, are disinfected before being placed in use. The supply shall be made free of the disinfectant by pumping to waste before any sample for bacteriological testing shall be collected.

(g) Samples for bacteriological testing of individual water supplies are taken upon the initial aproval of the physical structure, each six months thereafter, and when any repair or alteration of the water supply system has been made. Bacteriological examinations shall be conducted in a laboratory acceptable to the commissioner.

(h) Current records of water tests shall be kept on file by the permittee.

1 CRR-NY 3.16 Hand-wasing facilities—Item 8p {#sec-1-crr-ny-3.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.16}

(a) Convenient hand-washing faciities are provided, including hot and cold and/or warm running water, soap, and individual sanitary towels or other approved hand-drying devices.

(b) Hand-washing facilities are convenient to all toilets and to all rooms in which milk plant operations are conducted.

(c) Hand-washing facilities are kept in a clean condition and in good repair.

(d) Steam-water mixing valves and vats for washing bottles, cans and similar equipment are not used as hand-washing facilities.

1 CRR-NY 3.17 Plant cleanliness—Item 9p {#sec-1-crr-ny-3.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.17}

(a) Only equipment directly related to processing operations or the handling of containers, utensils and equipment is permitted in the pasteurizing, processing, cooling, packaging, and bulk milk or whey storage rooms.

(b) All piping, floors, walls, ceilings, fans, shelves, tables and the non-product-contact surfaces of other facilities and equipment are clean and free of dust.

(c) No trash, solid waste or waste dry products are stored within the plant, except in covered containers.

(d) All rooms in which milk, milk products, whey, and condensed and dry milk products are handled, processed or stored, and/or in which containers, utensils or equipment are washed or stored, are kept clean, neat, and free of evidence of insects and rodents.

(e) Excessive product dust shall be kept under effective control by the use of exhaust and collective systems designed for in-plant dust control. Tailings and materials collected from exhaust collective systems shall not be used for human consumption.

1 CRR-NY 3.18 Sanitary piping—Item 10p {#sec-1-crr-ny-3.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.18}

(a) All sanitary piping, fittings and connections which are exposed to milk, milk products, whey, condensed milk products or condensed whey, or from which liquids may drip, drain or be drawn into products, consist of smooth, impervious, corrosion-resistant, nontoxic, easily cleanable material.

(b) All sanitary piping, connections and fittings consist of:

(1) stainless steel of the AISI (American Iron and Steel Institute) 300 series;

(2) equally corrosion-resistant metal which is nontoxic and nonabsorbent; or

(3) heat-resistant glass, provided that plastic or rubber and rubberlike materials—which are relatively inert, resistant to scratching, scoring, decomposition, crazing, chipping and distortion under normal use conditions; which are nontoxic, fat-resistant, relatively nonabsorbent; which do not impart flavor or odor to the products; and which maintain their original properties under repeated use conditions—may be used for gaskets, sealing applications, and for short flexible takedown jumpers or connections where flexibility is required for essential or functional reasons.

(c) Sanitary piping, fittings and connections are designed to permit easy cleaning, kept in good repair and free of breaks or corrosion, and contain no dead ends of piping in which milk may collect.

(d) All interior surfaces of demountable piping, including valves, fittings and connections, are designed, constructed and installed to permit inspection and drainage.

(e)

(1) All cleaned-in-place milk pipelines and return-solution lines are rigid, self-draining, and so supported to maintain uniform slope and alignment. Return-solution lines shall be constructed of material meeting the specifications of subdivision (b) of this section. If gaskets are used, they shall be self-positioning, of material meeting the specifications outlined in subdivision (b), and designed, finished and applied to form a smooth, flush interior surface. If gaskets are not used, all fittings shall have self-positioning faces designed to form a smooth, flush interior surface. All interior surfaces of welded joints in pipelines shall be smooth and free from pits, cracks or inclusions.

(2) In the case of welded lines, the commissioner may require that the installer provide a boroscope or other suitable inspection device to determine the acceptability of interior surfaces of welded lines. All welded surfaces shall be approved by the commissioner.

(3) Each cleaning circuit shall have access points for inspection in addition to the entrances and exits. These may be valves, removable sections, fittings or other means or combinations that are adequate for inspection of the interior of the line. These access points shall be located at sufficient intervals to determine the general condition of the interior surfaces of the line.

(4) Detailed plans for welded pipeline systems shall be submitted to the commissioner for written approval prior to installation. No alteration or addition shall be made to any welded milk pipeline system without prior written approval from the commissioner.

(f) Milk, milk products, whey, condensed milk products and condensed whey are conducted from one piece of equipment to another only through sanitary piping.

(g) Because of the high pressure required to obtain proper dispersal of the product in the drying chamber, the pipeline between the high-pressure pump and the dryer nozzle may be connected with pressure-tight threaded fittings or may be welded.

(h) All stainless steel lines and vessels used to convey or store any of the products included in section 2.1 of this Part or any ingredients used in the manufacture of such products, cleaning solutions or water shall be color coded so as to provide easy identification of the material contained therein. The following color coding scheme shall be used:

| | | | --- | --- | | Raw product lines | red | | Pasteurized product lines | blue | | Cleaning solution lines | green | | Water lines (SS only) | yellow | | Sugar and dairy food ingredients | orange |

Additional color coding of stainless steel lines to denote ingredients of special products is permitted provided it does not duplicate the color coding scheme described above.

1 CRR-NY 3.19 Construction and repair of containers and equipment—Item 11p {#sec-1-crr-ny-3.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.19}

(a) All multiuse containers and equipment with which milk, milk products, whey, and condensed and dry milk products come into contact shall be of smooth, impervious, corrosion-resistant and nontoxic material.

(b) All milk, milk products, whey, and condensed and dry milk product-contact surfaces of multiuse containers and equipment shall consist of:

(1) stainless steel of the AISI (American Iron and Steel Institute) 300 series;

(2) equally corrosion-resistant metal which is nontoxic and nonabsorbent;

(3) heat-resistant glass; or

(4) plastic or rubber and rubberlike materials which are relatively inert, resistant to scratching, scoring, decomposition, crazing, chipping and distortion under normal use conditions, which are nontoxic, fat-resistant, relatively nonabsorbent, and do not impart flavor or odor to the product, and which maintain their original properties under repeated use conditions.

(c) All joints in containers, equipment and utensils shall be flush and finished as smooth as adjoining surfaces. The surface, if vitreous, shall be continuous. Tile floors shall not be used in dryers. Joints on equipment coming in contact with dry products only or used for hot-air piping may be sealed by other acceptable means. Where a rotating shaft is inserted through a surface with which milk, milk products, whey, and condensed and dry milk products come into contact, the joint between the moving and stationary surfaces shall be close-fitting. Grease and oil from gears, bearings and cables shall be isolated from milk, milk products, whey, and condensed and dry milk products. Where a thermometer or temperature sensing element is inserted through a surface with which milk, milk products, whey, and condensed whey or milk products come into contact, a pressure-tight seal shall be provided between the product and all threads and crevices.

(d) All openings in covers of tanks, vats, separators and similar equipment shall be protected by raised edges, or otherwise, to prevent the entrance of surface drainage. Condensation-diverting aprons shall be provided as close to the tank or vat as possible on all pipes, thermometers or temperature sensing elements, and other equipment extending into a tank, bowl, vat or distributor, unless a watertight joint is provided.

(e) All surfaces with which milk, milk products, whey, and condensed and dry milk products come into contact, except pneumatic ducts and cyclonic or air separator collectors, shall be easily accessible or demountable for manual cleaning or designed for mechanical cleaning. All product-contact surfaces shall be readily accessible for inspection and shall be self-draining. Wing nuts, bayonet locks and similar devices shall be used whenever possible to promote easy disassembly.

(f) No threads shall be used in contact with milk, milk products, whey, condensed whey or milk products except where needed for functional and safety reasons, such as in clarifiers, pumps and separators. Such threads shall be of a sanitary type, except those used on high-pressure lines between the high-pressure pump and the dryer nozzle.

(g) All multiuse containers and other equipment shall have rounded corners, be in good repair and free from breaks, crevices and corrosion. Milk cans shall have umbrella-type covers.

(h) Strainers, if used, shall be of perforated metal design, and constructed so as to utilize single-service strainer media. Multiple-use woven material shall not be used for straining milk, provided that, when required for functional reasons inherent to the production of certain products, such as buttermilk, whey, dry whey and dry milk products, woven material may be used where it is impractical to use perforated metal. Woven material parts shall be mechanically cleaned by such methods that thoroughly clean the woven material and do not contaminate the product.

(i) Sifters for dry products shall be constructed so as to utilize single-service or multiservice strainer media conforming with paragraph (b)(4) of this section if plastic material, or paragraph (b)(1) if woven stainless steel wire, or be constructed of cotton, linen, silk or synthetic fibers which are nontoxic, relatively insoluble, easily cleanable and do not impart a flavor to the product. Tailings shall be continuously discharged from sifters through dust-tight connections to an enclosed container. Tailing shall not be used for human consumption.

(j) All single-service containers, closures, gaskets and other articles with which milk, milk products, whey, condensed and dry milk products come into contact shall be nontoxic. Articles intended for single-service use shall not be reused.

(k) All paper, plastics, foil, adhesives and other container components shall be free from deleterious substances and shall comply with the requirements of the Federal Food, Drug and Cosmetic Act, as amended.

Note:

3-A Sanitary Standards for dairy equipment are promulgated jointly by the Sanitary Standards Subcommittee of the Dairy Industry Committee, the Committee on Sanitary Procedure of the International Association of Milk, Food and Environmental Sanitarians, Inc., and the Dairy and Lipid Products Branch, Division of Food Technology, Bureau of Foods, Food and Drug Administration, Public Health Service, Department of Health and Human Services. Equipment manufactured in conformity with 3-A Sanitary Standards complies with the sanitary design and construction standards of this Part.

1 CRR-NY 3.20 Cleaning and sanitizing of containers and equipment—Item 12p {#sec-1-crr-ny-3.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.20}

(a) All multiuse containers and utensils shall be thoroughly cleaned after each use, and all equipment shall be thoroughly cleaned at least once each day when used, provided that, storage tanks shall be cleaned when emptied and shall be emptied at last once every 72 hours. Storage tanks which are used to store raw milk or whey longer than 24 hours and silo tanks used for the storage of raw milk or whey, and which are installed after the adoption of this Part, shall be equipped with a temperature-recording device complying with the specifications of Appendix 9 of this Title.

(b) Drying equipment, cloth-collector systems, packaging equipment, and multiuse dry milk products and dry whey storage containers, shall be cleaned at intervals and by methods recommended by the manufacturer and approved by the regulatory agency.

Note:

Appendix 11 of this Title contains additional information on dry cleaning of drying equipment, packaging equipment, and dry milk product and dry whey storage containers.

(c) Storage bins used to transport dry products shall be drycleaned after each usage, and washed and sanitized at regular intervals.

(d) Pipelines and equipment designed for mechanical cleaning shall meet the following requirements:

(1) An effective cleaning and sanitizing regimen for each separate cleaning circuit shall be established and utilized.

(2) A temperature-recording device, complying with the specifications in Appendix 9 of this Title, shall be installed in the return-solution line to record the temperature and time during which the line or equipment is exposed to cleaning and sanitizing.

(3) Temperature-recording charts shall be identified, dated, and retained for three months.

(4) During each official inspection, the regulatory agency shall examine and initial temperature-recording charts.

(e) All multiuse containers, equipment and utensils shall be sanitized before use, employing one or a combination of the following methods:

(1) exposure to an enclosed jet of steam for not less than one minute;

(2) complete immersion in hot water at a temperature of at least 170°F (77°C) for at least five minutes, or exposure to a flow of hot water at a temperature of at least 170°F (77°C), as determined by use of an acceptable indicating thermometer located at the outlet, for at least five minutes;

(3) exposure to hot air at a temperature of at least 180°F (83°C) for at least 20 minutes, as measured by an acceptable indicating thermometer located in the coldest zone;

(4) complete immersion for at least one minute in, or exposure for at least one minute to, a flow of chemical sanitizer of acceptable strength. All product-contact surfaces must be wetted by the sanitizing solution and piping so treated must be filled. Sanitizing sprays may be used. Chemical solutions, once used, shall not be reused for sanitizing but may be reused for other purposes. Assembled equipment must be sanitized prior to each day's run. (See Appendix 6 of this Title for a more complete discussion of sanitizers and sanitizing techniques.)

(f) For high-pressure lines, use of an alkaline cleaner at 160°F (72°C) for 30 minutes, followed by an acid cleaner for 30 minutes at the same temperature is satisfactory. Effective sanitization of the dryer may be accomplished by the following procedure:

(1) Operate spray nozzles with water at temperature and rates at least as high as those employed during the drying operation.

(2) Adjust airflow to give at least 0.5-inch (water) pressure in the drying chamber.

(3) Continue the operation for 20 minutes while a temperature of not less than 185°F (85°C) is being registered at the discharge from the dryer.

Portions of the drying system not reached by this treatment, or dryers for which this procedure is not practical, shall be treated by one of the methods prescribed above.

(g) The residual bacteria count of multiuse and single-service containers used for the packaging of dry products shall no exceed one per milliliter of capacity when the rinse test is used, or not over 50 colonies per 8 square inches (one per square centimeter) of product-contact surface when the swab test is used, in three out of four samples taken at random on a given day. All multiuse and single-service containers shall be free of coliform organisims.

1 CRR-NY 3.21 Storage of cleaned containers and equipment—Item 13p {#sec-1-crr-ny-3.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.21}

(a) All multiuse containers, equipment and utensils, after cleaning, shall be drained dry and protected from contamination.

(b) All cans and other multiuse containers and equipment shall be transported and stored in clean crates or on racks in a clean place and shall be protected from splash, flies and dust. (For protection against overhead leakage and condensation, see section 3.23 of this Part [Item 15p].) Such containers as can practicably be inverted shall be stored in an inverted position. Storage racks shall be constructed of metal which is protected against rusting.

1 CRR-NY 3.22 Storage of single-service containers, utensils and materials—Item14p {#sec-1-crr-ny-3.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.22}

(a) Parchment paper, containers, gaskets, liners, bags and other single-service articles used in contact with milk, milk products, whey, and condensed and dry milk products shall be purchased and stored in sanitary wrappings or cartons, kept in a clean, dry place until used, and shall be handled in a sanitary manner.

(b) Paperboard shipping containers used to enclose plastic bags or unfilled containers shall be used only once unless other methods are employed to protect the containers from contamination.

(c) Cartons or boxes from which contents have been partially removed shall be kept closed.

1 CRR-NY 3.23 Protection from contamination—Item 15p {#sec-1-crr-ny-3.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.23}

(a) Equipment and operations shall be located within the plant so as to prevent overcrowding and contamination of cleaned and sanitized containers, equipment and utensils by splash, condensation or manual contact.

(b) During processing, pipelines and equipment used to contain or conduct milk, milk products, whey, and condensed and dry milk products shall be effectively separated from tanks or circuits containing cleaning and sanitizing solutions.

(c) All milk, milk products, whey, and condensed milk products or condensed whey which have overflowed, leaked, been spilled or improperly handled shall be discarded. Milk, milk products, whey, condensed milk products and condensed whey drained from processing equipment at the end of a run, or milk or whey solids rinsed from equipment, containers or pipelines, shall be repasteurized only if such milk, milk products, whey, condensed milk products and condensed whey are handled in a sanitary manner and maintained at 45°F (7°C) or less.

(d)

(1) All product-contact surfaces of containers, equipment and utensils shall be covered or otherwise protected to prevent the access of insects, dust, condensation and other contamination. All openings, including valves and piping attached to milk or whey storage tanks and milk tank trucks, pumps or vats, shall be capped or otherwise properly protected. While unloading at a condensing and drying plant, one of the following conditions shall be met:

(i) If the unloading area is completely enclosed (walls and ceilings, with doors closed) during the unloading process and the dustcover is opened slightly and held in this position by the metal clamps used to close the cover, a filter is not required. If the dustcover and manhole cover(s) are opened in excess of that provided by the metal clamps, or the covers have been removed, a suitable filter shall be provided for the manhole.

(ii) If the unloading area is not completely enclosed or doors of the unloading area are open during unloading, a suitable filter shall be provided for the manhole or air inlet vent, and suitable protection must be provided over the filter material either by design of the filter-holding apparatus or a roof or ceiling over the unloading area. Direct connections from milk tank truck to milk tank truck must be made from valve to valve. The manhole and the dustcover (dome) of the milk tank truck beng filled shall remain closed.

(2) Receiving vats and dump vats shall be completely covered except during washing and sanitizing and when milk is being dumped. Where strainers are used, the cover for the vat opening shall be designed to cover the opening with the strainer in place.

(e) Ingredients added to milk, milk products, whey, or condensed and dry milk products shall be handled so as to avoid contamination.

(f) Air under pressure used for the agitation or movement of milk or whey, or directed at a product-contact surface, shall be free of oil, dust, rust, excessive moisture, extraneous materials and odor, and shall otherwise comply with the applicable standards of Appendix 7 of this Title. Air intakes for drying equipment shall be located so as to minimize atmospheric contamination and shall be equipped with suitable single-service filters, multiuse filters, or continuous air filter systems (see Appendix 7).

(g) Air exhausts from dryer systems shall be covered when dryers are not in operation.

(h) Whenever steam is used in contact with milk, milk products or whey, it shall be of culinary quality and shall comply with the applicable standards of Appendix 8 of this Title. The use of steam containing toxic substances is expressly prohibited.

(i) No product that may create a public health hazard shall be handled in a condensing plant or drying plant. Permission to handle products other than those defined in section 3.2 of this Part or to conduct operations or use equipment or rooms for purposes other than those for which they are designated shall be obtained from the regulatory agency prior to handling those products or conducting those operations or using that equipment or room(s).

(j) Grade A milk, milk products, whey, and condensed milk and dry milk products shall not come into contact with ungraded or lower grade milk, milk products, whey, condensed and dry milk products or with utensils or equipment which have been in contact with ungraded or a lower grade of milk, milk products, whey, or condensed and dry milk products unless such utensils and equipment have been thoroughly cleaned and effectively sanitized. Carryover of ungraded or lower grade product or any other product to grade A products shall be avoided. When two grades of milk are received in the same plant in dual receiving equipment, a swing-type dump grill is not permitted. When two grades of milk or whey are received in the plant by milk tank trucks, separate receiving equipment and unloading pumps shall be provided.

(k) Milk, milk products, whey, condensed and dry milk products, containers, utensils and equipment shall be protected from contamination by drippings, spillage and splash from overhead piping, platforms or mezzanines.

(l) All ingredients and nonproduct-contact materials used in the preparation or packaging of condensed and dry milk products shall be stored in a clean place and shall be handled so as to prevent their contamination.

(m) Pasteurized milk, milk products and condensed milk shall not be strained or filtered except through a perforated metal strainer.

(n) Poisonous or toxic materials, including but not limited to insecticides, rodenticides, detergents, sanitizers, caustics, acids and related cleaning compounds necessary for plant maintenance may be utilized, provided that such materials shall not be stored in any room where milk, milk products or whey are received, processed, pasteurized or stored, or where equipment, containers or utensils are washed, or where single-service containers, closures or bags are stored.

(o) Poisonous or toxic materials shall be stored in a separate area of the plant in prominently and distinctly labeled containers.

(p) Only insecticides and rodenticides approved by the commissioner or registered with the U.S. Environmental Protection Agency shall be used for insect and rodent control. Such insecticides and rodenticides shall be used only in accordance with the manufacturer's label directions and shall be utilized properly so as to prevent contamination of milk, milk products, whey, condensed and dry milk products, containers, equipment and utensils.

1 CRR-NY 3.24 Pasteurization—Item 16p {#sec-1-crr-ny-3.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.24}

(a) Pasteurization shall be performed as defined in section 3.2(k) of this Part.

(b) Every particle of milk, milk products or whey shall be heated to at least 161°F (72°C) and held 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 which have a higher milk fat content than milk or contain added sweeteners, and condensed milk and condensed milk products, shall be heated to at least 166°F (75°C) and held continuously at or above this temperature for at least 15 seconds; provided further, that nothing shall be construed as barring any other pasteurization process which has been recognized by the Food and Drug Administration to be equally efficient and which is approved by the regulatory agency.

(c) All milk products and whey shall be pasteurized prior to entrance of that product into the evaporator or condensing equipment. Pasteurization shall be performed in the plant where the evaporation or condensing is conducted.

(d) All condensed milk transported to a drying plant shall be repasteurized at the plant where it is dried.

(e) If condensed whey contains at least 40 percent total solids and has been partially crystallized by cooling, it may be transported to a separate drying plant for drying without repasteurization, provided that:

(1) the condensed, partially crystallized whey is cooled and maintained at 45°F (7°C) or less;

(2) milk transport tanks used to transport the condensed, partially crystallized whey shall be washed and sanitized immediately prior to filling and shall be sealed immediately after filling until unloading; and

(3) separate unloading pumps and pipelines shall be provided and used only for the unloading of the condensed, partially crystallized whey. Such pumps and pipelines shall be cleaned and sanitized as a separate cleaning circuit.

(f) The design and the operation of all pasteurization equipment shall comply with the applicable specifications and operational procedures of sections 3.25-3.27 of this Part.

1 CRR-NY 3.25 High-temperature-short-time, (HTST), continuous-flow pasteurization—Item 16p(A) {#sec-1-crr-ny-3.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.25}

(a) Indicating thermometers and recorder/controller instruments.

All indicating thermometers and recorder/controller instruments and devices used in connection with the high-temperature-short-time, continuous-flow pasteurization of milk, milk products, whey, condensed milk products and condensed whey shall comply with the applicable specifications set forth in Appendix 9 of this Title.

(b) Automatic milk controller.

Each high-temperature-short-time, continuous-flow pasteurization system shall be equipped with an automatic milk flow control of the diversion type which complies with the following:

(1) Automatic milk flow controls. The term automatic milk flow controls shall mean those safety devices which control the flow of product in relation to the temperature of the product, heating medium, pressure, vacuum or other auxiliary equipment. Milk flow cntrols shall not be considered a part of the temperature control equipment. Milk flow controls shall be of the flow-diversion type which automatically cause the diversion of subtemperature product. Flow-diversion devices shall return the subtemperature product to the raw product side of the heating system continuously until proper pasteurization temperatures are obtained, at which time the device shall restore forward product flow through th pasteurizer.

(2) Flow-diversion devices. Flow-diversion devices used in continuous pasteurizers shall comply with the following:

(i) Forward flow of subtemperature product due to the omission or looseness of the connecting clip shall be prevented by making the valve and its actuating mechanism integral, or, where there is a connecting device, by making it impossible to assemble the valve and its actuating mechanism except in such manner that it will function properly, or, where there is a connecting device which may be omitted or shaken loose, by providing for pushing, instead of pulling, the valve to the diverted position; or by providing that the pump will shut down when the product is below the pasteruization temperature and the valve is not in the fully diverted position, or by other satisfactory means.

(ii) A packing gland, used to prevent leakage around the actuating stem, shall be constructed so as to prevent tightening of the stem packing nut to such an extent as to prevent the valve from assuming the fully diverted position.

(iii) A leak escape shall be installed on the forward-flow side of the valve seat. However, when back pressure is exerted on the forward-flow side of the valve seat while the product flow is being diverted, the leak escape should lie between two valve seats or between two portions of the same seat, one upstream and the other downstream from the leak escape. The leak escape shall be designed and installed to discharge all leakage to the outside or to the constant-level tank through a line separate from the diversion line, provided that, when leakage is discharged to the constant-level tank, a sight glass shall be installed in the leak escape line to provide visual means of leak detection.

(iv) The closure of the forward-flow seat shall be sufficiently tight so that leakage past it will not exceed the capacity of the leak escape device, as evidenced when the forward-flow line is disconnected. The length of the connecting rod shall not be adjustable by the user.

(v) The flow-diversion device shall be designed and installed so that failure of the primary motivating power shall automatically divert the flow of product.

(vi) The flow-diversion device shall be located downstream from the holder. The flow-control sensor shall be located in the product line not more than 18 inches upstream from the flow-control device.

(vii) The pipeline from the diversion port of the flow-diversion device shall be self-draining and shall be free of restrictions or valves, unless such restrictions or valves are designed so that stoppage of the diversion line cannot occur.

(viii) The pipeline from the leak detector part of the flow-diversion device shall be self-draining and shall be free of restrictions or valves, unless such restrictions or valves are designed so that stoppage of the leak detector line cannot occur.

(3) Milk flow controller instrumentation. Instrumentation of the milk flow controller shall comply with the following:

(i) The thermal limit controller shall be set and sealed so that forward flow of product cannot start unless the termperature at the controller sensor is above the required pasteurization temperature, as defined in section 3.2(k) of this Part, for the milk, milk product, whey, condensed whey and the process used. The thermal unit controller shall be set and sealed so that forward flow of product cannot continue during descending temperatures when the product temperature is below the required pasteurization temperature. The thermal limit controller shall be sealed by the regulatory agency after testing, and the seal shall not be removed without immediately notifying the regulatory agency. The system shall be designed so that no product can bypass the controller sensor. The controller sensor shall not be removed from its proper position during the pasteurization process. The cut-in and cut-out product temperatures, as shown by the indicating thermometer, shall be determined at the beginning of each day's operation and entered upon the recorder chart daily by the plant operator.

(ii) Manual switches for the control of pumps, homogenizers or other devices which produce flow through the holder shall be wired so that the circuit is completed only when the product is above the required pasteurization temperature, as defined in section 3.2(k) of this Part, for the milk, milk product, whey, condensed milk products and condensed whey and the process used, or when the diversion device is in the fully diverted position.

(4) Holding tube.

(i) Holders shall be designed to provide for the holding of every particle of product for at least the time required in section 3.2(k) of this Part for the milk, milk product, whey, condensed milk products and condensed whey and the process used.

(ii) The holder shall be so designed that the simultaneous temperature difference between the hottest and coldest product in any cross-section of flow at any time during the holding period will not be greater than one degree Fahrenheit (one-half degree Celsius). Tubular holders, seven inches in diameter or smaller, which are free of fittings may satisfy this requirement without test.

(iii) No device shall be permitted for short-circuiting a portion of the holder to compensate for changes in rate of product flow. Holding tubes shall be installed so that sections of pipe cannot be left out (thus resulting in a shortened holding time).

(iv) The holding tube shall be arranged to have a continuous upward slope in the direction of flow of not less than 0.25 inch per foot.

(v) Tube supports shall be provided to maintain all parts of holding tubes in a fixed position, free from any lateral or vertical movement.

(vi) The holder shall be designed so that no portion between the inlet and the flow-control temperature sensor is heated.

(5) Indicating and recording thermometers.

(i) An indicating thermometer shall be located as near as practicable to the temperature sensor of the recorder/controller.

(ii) The termperature shown by the recorder/controller shall be checked daily by the plant operator against the temperature shown by the indicating thermometer. Readings shall be recorded on the chart. The recorder/controller shall be adjusted to read no higher than the indicating thermometer.

(iii) The recorder/controller charts shall comply with the applicable provisions of section 3.27 of this Part (Item 16p[C]).

(6) Flow-promoting devices.

(i) The pump, or pumps, and other equipment which may produce flow through the holder shall be located upstream from the holder, provided that pumps and other flow-promoting devices may be located downstream from the holder if means are provided to eliminate negative pressure between the holder and the inlet to such equipment. When vacuum equipment is located downstream from the holder, an effective vacuum breaker and an automatic means of preventing a negative pressure in the line between the flow-diversion device and the vacuum chamber shall be acceptable.

(ii) The speed of pumps or other flow-promoting devices governing the rate of flow through the holder shall be controlled so as to insure the holding of every particle of product for at least the time required, as defined in section 3.2(k) of this Part, for the product and the process used. The pump motor shall be connected to the metering pump by a common drive shaft, or by gears and pulleys, or by a variable-speed drive, with the gear box, the pulley box, or the setting of the variable speed protected in such a manner that the holding time cannot be shortened without detection by the regulatory agency. Pumps shall be sealed after tests by the regulatory agency and such seal shall not be broken without immediately notifying the regulatory agency. This provision shall apply to all homogenizers used as timing pumps. Variable-speed drives used in connection with the metering pump shall be constructed so that wearing or stretching of the belt results in a slowdown, rather than a speedup, of the pump. The metering or timing pump shall be of the positive displacement type.

(iii) The holding time shall be taken to mean the flow time of the fastest particle of product, at or above the required pasteurization temperature, as defined in section 3.2(k) of this Part, for the product and the process used, throughout the holder section. The holder section is that portion of the system that is outside of the influence of the heating medium which slopes continuously upward in the downstream direction and is located upstream from the flow-diversion device. Tests for holding time shall be made when all equipment and devices are operated and adjusted to provide for maximum flow. When a homogenizer is located upstream from the holder, the holding time shall be determined with the homogenizer in operation with no pressure on the homogenizer valves. Where bypass lines are provided, either upstream or downstream from the metering pump, the holding time shall be tested with both the regular and bypass line open unless the bypass valve is so designed that both lines cannot be open at the same time. The holding time shall be tested during both forward and diverted flow. If necessary to lengthen the holding time during diverted flow, an identifiable restriction may be placed in the vertical portion of the diversion pipeline. When vacuum equipment is located downstream from the holder, the holding time shall be tested with the metering pump operating at maximum flow, and the vacuum equipment adjusted to provide for the maximum vacuum. The holding time shall be tested in both forward and diverted flow by the regulatory agency initially and quarterly thereafter. After any alteration or replacement that may affect the holding time, and whenever the seal of the speed setting has been broken, the holding time shall be tested by the regulatory agency.

1 CRR-NY 3.26 Pasteurizers employing product-to-product regenerative heating—Item 16p(B) {#sec-1-crr-ny-3.26 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.26}

Pasteurizers employing product-to-product regenerative heating with both sides closed to the atmosphere shall comply with the following:

(a) Regenerators shall be constructed, installed and operated so that at all times the pasteurized product in the regenerator will automatically be under greater pressure than the raw product in the regenerator.

(b) The pasteurized product, between its outlet from the regenerator and the nearest point downstream open to the atmosphere, shall rise to a vertical elevation of 12 inches above the highest raw product level downstream from the constant-level tank, and shall be open to the atmosphere at this or a higher elevation.

(c) The overflow of the top rim of the constant-level raw product tank shall always be lower than the lowest product level in the regenerator.

(d) No pump or flow-promoting device which can affect the proper pressure relationships within the regenerator shall be located between the pasteurized product outlet from the regenerator and the nearest downstream point open to the atmosphere.

(e) No pump shall be located between the raw product inlet to the regenerator and the raw product supply tank unless it is designed and installed to operate ony when the product is flowing through the pasteurized product side of the regenerator and the pressure of the pasteurized product is higher than the maximum pressure produced by the pump. This may be accomplished by wiring the booster pump so that it cannot operate unless:

(1) the metering pump is in operation;

(2) the flow-diversion device is in forward-flow position; and

(3) the pasteurized product pressure exceeds, by at least 1 psi, the maximum pressure developed by the booster pump.

Pressure gauges shall be installed at the raw product inlet to the regenerator and at the pasteurized product outlet of the regenerator or the outlet of the cooler. The accuracy of required pressure gauges shall be checked by the regulatory agency upon installation, quarterly thereafter, and following any repair or adjustment.

(f) The motor, casing and impeller of the booster pump shall be identified and a record of that information maintained as directed by the regulatory agency. All electric wiring shall be in permanent conduit except that rubber-covered cable may be used for final connections.

(g) All raw product in the regenerator shall drain freely into the constant-level raw product tank when the raw product pump(s) are shut down and the raw product outlet from the regenerator is disconnected.

(h) When vacuum equipment is located downstream from the flow-diversion device, means shall be provided to prevent the lowering of the pasteurized product level in the regenerator during periods of diverted flow or shutdown. An effective vacuum breaker and an automatic means of preventing a negative pressure shall be installed in the line between the vacuum chamber and the pasteurized product inlet to the regenerator.

Note:

See Appendix 3 of this Title for further discussion concerning methods of achieving the required pressure relationships within the regenerator.

1 CRR-NY 3.27 Temperature recording charts, equipment tests and examinations—Item 16p(C) {#sec-1-crr-ny-3.27 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.27}

(a) Temperature recording charts. All temperature recording charts shall be preserved for a period of three months. The use of such charts shall not exceed the time limit for which they are designed. The following information shall be entered on the charts:

(1) date;

(2) number or location of recorder when more than one is used;

(3) reading of indicating thermometer within the holding period at a given time or reference point as indicated on the chart (section 3.25 of this Part [Item 16p(A)]);

(4) quarterly, the initials of the regulatory agency opposite the required readings of the indicating thermometer;

(5) quarterly, the time accuracy of the recorder, as determined by the regulatory agency (Appendix 10, Test 3);

(6) amount and name of pasteurized product represented by each batch or run on the chart;

(7) record of unusual occurrences;

(8) signature or initials of operator;

(9) name of plant;

(10) a record of the time during which the flow-diversion device is in the forward-flow position; and

(11) the cut-in and cut-out product temperatures recorded daily by the operator at the beginning of the run, and initialed quarterly by the regulatory agency (section 3.25 of this Part [Item 16p(A)]).

Note:

The recorded temperature shown on the controller chart shall be used to determine that the required temperature for products containing sweeteners has been achieved.

(b) Equipment tests and examinations.

The regulatory agency shall test the instruments and devices upon installation and at least once each three months there-after, and whenever any alteration or replacement is made which may affect the proper operation of the instrument or device; provided, that the holding time test shall be conducted at least once every six months.

1 CRR-NY 3.28 Cooling of milk, milk products, whey, condensed milk products and condensed whey—Item 17p {#sec-1-crr-ny-3.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.28}

(a) All raw milk and milk products shall be maintained at a temperature of 45°F (7° C) or less until processed.

(b) All whey for condensing shall be maintained at a temperature of 45°F (7° C) or less; or 145°F (63°C) or greater until processed.

(c) All pasteurized milk and milk products, pasteurized whey and condensed milk products except those to be dried immediately, shall be cooled immediately in approved equipment to a temperature of 45°F (7° C) or less. All pasteurized milk and milk products, pasteurized whey and condensed milk products shall be stored at a temperature of 45°F (7° C) or less until further processing. If surge tanks or balance tanks are used between the evaporator and the drier, such tanks shall hold the product at a temperature of 150°F (66° C) or more, or shall be completely emptied and cleaned after each four hours of operation.

(d) During the crystallization process, all condensed whey shall be cooled to 45°F (7° C) or less within 18 hours of condensing.

(e) Each refrigerator room in which milk, milk products or whey are stored shall be equipped with an indicating thermometer which complies with the specifications of Appendix 9 of this Title. Such thermometer shall be located in the warmest zone of the refrigerator room.

(f) Each storage tank shall be equipped with an indicating thermometer, the sensor of which shall be located to permit the registering of the temperature of the contents when the tank contains no more than 20 percent of its calibrated capacity. Such thermometer shall comply with the specifications of Appendix 9 of this Title.

(g) All surface coolers shall comply with the following:

(1) The sections of open-surface coolers shall be installed so as to leave a gap of at least 0.25 inch between the header sections to permit easy cleaning.

(2) Where header ends are not completely enclosed within the cooler covers, condensation or leakage from the headers shall be prevented from entering the product by so shaping the exposed header faces, above and below all gaps, that condensation is directed away from the tubes, and by using deflectors at the bottom of the headers, or by shortening the bottom trough.

(3) The location of supports of cooler sections shall prevent drip from entering the milk, milk products, whey, condensed milk products and condensed whey.

(4) All open-surface coolers shall be provided with tightfitting shields which protect the product from contamination by flies, dust, drip, splash or manual contact.

(h) Recirculated cold water which is used in coolers and exchangers, including those systems in which a freezing point depressant is used, shall be from a safe source and protected from contamination. Such water shall be tested semiannually and shall be potable. Recirculated water systems which become contaminated through repair work or otherwise shall be properly treated and tested before being returned to use. Freezing point depressants, when used in recirculating systems, shall be nontoxic.

1 CRR-NY 3.29 Packaging and container filling—Item 18p {#sec-1-crr-ny-3.29 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.29}

(a) The filling of condensed and dry milk product containers shall be by mechanical equipment. The term mechanical equipment shall not be interpreted to exclude manually operated mechanical equipment.

(b) All pipes, connections and similar appurtenances shall comply with sections 3.18 and 3.19 of this Part (Items 10p and 11p).

(c) Filling devices shall be constructed so as to prevent contamination of the product. Covers of filling devices, if used, shall be in place during operation.

(d) Packaged dry milk products and dry whey shall be stored and arranged so as to be easily accessible for inspection and to permit cleaning of the storage room.

(e) All condensed and dry milk product containers shall be filled in a sanitary manner by methods which:

(1) protect the product from airborn contamination;

(2) prevent manual contact with product-contact surfaces; and

(3) minimize manual contact with the product.

(f) All final containers for dry milk products and dry whey shall be new and of the single-service type and sufficiently substantial to protect contents from impairment of quality with respect to sanitation, contamination and moisture under customary conditions of handling, transportation and storage.

(g) If portable storage bins are used, they shall comply with the applicable provisions of sections 3.18 and 3.19 of this Part (Items 10p and 11p).

(h) Containers shall be closed immediately after being filled.

1 CRR-NY 3.30 Container closure, sealing and storage—Item 19p {#sec-1-crr-ny-3.30 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.30}

(a) Dry milk product containers and dry whey containers shall be closed and sealed in a sanitary manner by mechanical closing and sealing equipment. The term mechanical closing and sealing equipment shall not exclude manually operated mechanical equipment.

(b) All mechanical closing mechanisms and all sealing mechanisms shall be designed to minimize the need for adjustment during operation.

(c) Condensed milk product containers and condensed whey containers shall be closed and sealed in a sanitary manner to prevent product contamination.

(d) All products shall be stored in a sanitary manner.

1 CRR-NY 3.31 Personnel—cleanliness—item 20p {#sec-1-crr-ny-3.31 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.31}

(a) Hands shall be thoroughly washed before commencing plant functions, and as often as may thereafter be required to remove soil and contamination.

(b) Each employee shall wash his or her hands prior to resuming work following a visit to the toilet room.

(c) All persons engaged in the processing, pasteurization, handling, storage, transportation or packaging of milk, milk products, whey, condensed and dry milk products, containers, equipment and utensils shall wear clean outer garments.

(d) Tobacco shall not be used by any person while engaged in the processing of milk, milk products, whey, or condensed and dry milk products.

(e) Adequate head coverings shall be worn at all times by persons in any processing or drying room.

(f) Specially provided clean rubbers or boot covers, clean coveralls and white cap (clean cloth or paper) shall be worn whenever it is necessary to enter the drying chambers. Such articles of clothing shall be stored in such manner as to be protected from contamination. Boot covers which have come into contact with areas other than those within the dryer shall not be worn.

1 CRR-NY 3.32 Vehicles—Item 21p {#sec-1-crr-ny-3.32 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.32}

(a) All vehicles shall be kept clean.

(b) Contaminating materials shall no be transported with milk, milk products, whey, condensed milk products or condensed whey.

(c) Milk, milk products, whey, condensed milk products and condensed whey shall be maintained at 45°F (7° C) or less and protected from sun, freezing and contamination.

(d) The operation of milk tank cars, tank trucks and shipping bins shall comply with the following:

(1) Milk and milk products, whey, condensed milk products and condensed whey shall be conducted to and from tanks or storage bins only through sanitary conveying equipment. Such equipment shall be capped or otherwise protected when not in use.

(2) Inlets and outlets of milk tank trucks and bins shall be provided with tightfitting dust caps or covers.

(3) Facilities shall be provided for adequate washing and sanitizing of milk tank trucks, binds, piping and accessories at all plants receiving or shipping milk, milk products, whey, condensed milk products or condensed whey in milk tank trucks or bins.

(4) Milk tank trucks and compartments thereof and shipping bins shall be cleaned at the receiving plant immediately after being emptied. Milk tank trucks or bins shall be sanitized at the shipping plant before loading. Tank trucks which must make more than one trip while unloading a tank car need not be cleaned and sanitized after each time they are emptied.

(5) Piping connections and pumps used with milk tank trucks and bins shall be cleaned and sanitized after each use.

(e) The covers of all openings of milk tank trucks, the doors of tank cars and covers of bins shall be sealed with a metal seal immediately after loading. The seal shall remain unbroken until the contents are delivered to the consignee. Contents of the milk tank truck or bin shall be labeled, as prescribed in section 3.4 of this Part, by means of a tag attached to the outlet.

1 CRR-NY 3.33 Surroundings—Item 22p {#sec-1-crr-ny-3.33 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.33}

Milk condensing and drying plant and whey condensing and drying plant surroundings shall be kept neat, clean and free from conditions which might attract or harbor flies, other insects and rodents, and shall comply with the following:

(a) There shall be no accumulation of trash, garbage or similar waste in areas adjacent to the plant. Waste materials shall be stored in suitable covered containers.

(b) Rooftops shall be kept clean of dry milk or whey products which may accumulate and contribute to insanitary conditions.

(c) Driveways, lanes and areas serving plant vehicular traffic shall be graded, drained and free from pools of standing water.

(d) Outdoor areas for unloading milk tank trucks shall be constructed of smooth concrete or equally impervious material, properly sloped to drain and equipped with trapped drains of sufficient size.

(e) Only insecticides and rodenticides approved for use by the regulatory agency or registered with the U.S. Environmental Protection Agency shall be used for insect and rodent control.

1 CRR-NY 3.34 Modification of dairy farms, milk plants and milk handling equipment {#sec-1-crr-ny-3.34 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.34}

Properly prepared plans for all milkhouses, milking barns, stables and parlors, transfer stations, receiving stations and milk plants regulated under this Part which are hereafter constructed, reconstructed or extensively altered, shall be submitted to the commissioner for written approval before work is begun.

1 CRR-NY 3.35 Equipment installer registration {#sec-1-crr-ny-3.35 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 3.35}

(a) Each person who commercially installs or modifies milk handling equipment on dairy farms or in milk plants shall register with the commissioner on January second of each year.

(b) Such person shall be responsible for submitting the plans as required in section 3.34 of this Part for providing such equipment as may be needed for initial inspection and/or testing of equipment and shall not commence installation or modification until approval has been granted by the commissioner.

(c) Failure to comply with the requirements of this section shall subject such persons to the penalties authorized in section 40 of the Agriculture and Markets Law and/or registration suspension or revocation.

Part 5 HANDLING AND SALE OF PRODUCTS MADE FROM RECOVERED MILK FAT AND SOLIDS

1 CRR-NY 5.1 Definitions {#sec-1-crr-ny-5.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 5.1}

As used in this Part:

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

(b) Mixture means the mixture of milk and water or cream and water salvaged in connection with the operation of short-time high-temperature pasteurizers.

(c) Water means potable water derived from a source approved by the State Department of Health, a local health officer or by the commissioner.

(d) Milk rinsings means milk, cream, skimmed milk, condensed or concentrated whole or skimmed milk combined with the water which has been used to rinse such milk and milk products from cans or equipment.

(e) Milk drippings means milk, cream, skimmed milk, condensed or concentrated whole or skimmed milk which has dripped from cans or equipment and which contains no added water.

(f) Can means the type of container commonly used by farmers to deliver milk to a milk plant. Such cans are usually of 40-quart or 20-quart capacity.

(g) Equipment means any tank, vat, or any other apparatus used in connection with the handling of milk, cream, skimmed milk, whey, condensed or concentrated whole milk, condensed or concentrated skimmed milk or condensed or concentrated whey.

(h) Whey means the liquid that separates from the curd when milk is curdled in making cheese.

1 CRR-NY 5.2 The use and sale of unclean, unwholesome milk drippings, milk rinsings, mixtures, whey, or combinations thereof prohibited {#sec-1-crr-ny-5.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 5.2}

No milk drippings, milk rinsings, mixtures, whey or combinations thereof:

(a) containing dust, dirt, flies, insects or any other foreign substance or which are otherwise unclean; or

(b) containing water sprayed or dripped from a can washer; or

(c) which has been handled in other than a sanitary manner; or

(d) which has been handled in equipment not designed, installed or operated in conformity with the provisions of the New York State or the New York City Sanitary Code shall be sold, offered or exposed for sale or used either as human food or in the manufacture of any article or product which may be used for human food. Milk drippings, milk rinsings, mixtures, whey or combinations thereof, which before being strained, filtered or clarified contain in excess of three milligrams of extraneous matter in one pint drawn by the use of a suction type sediment tester from the bottom of an unstirred 40-quart can filled with such milk drippings, milk rinsing, mixtures, whey or combinations thereof, shall be deemed to be unclean.

1 CRR-NY 5.3 The handling of mixtures, milk rinsings, milk drippings and whey {#sec-1-crr-ny-5.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 5.3}

Mixtures, milk rinsings, milk drippings and whey to be used for human consumption or from which milk fat or other milk solids to be used for human consumptions are recovered shall be utilized or separated promptly after collection and from the time of collection until so utilized or separated shall be maintained at a temperature not higher than 60 degrees Fahrenheit.

1 CRR-NY 5.4 Labeling of containers of milk drippings, milk rinsings, mixtures or combinations thereof {#sec-1-crr-ny-5.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 5.4}

Prior to collection, during collection, during transportation and until the contents have been emptied therefrom, each can intended for use or used for milk drippings, milk rinsings, mixtures or combinations thereof shall have securely attached thereto a red tag not less than 2″ × 4″ in size upon which shall be printed conspicuously in block letters at least one-half inch in height the words “Milk Drippings,” “Milk Rinsings” or “Mixture,” or any combination of such words which will properly describe the contents of the can. The name and address of the operator of the plant where such products were recovered, the location of the plant, the name of the collector and the date of collection or recovery shall be plainly printed or stamped upon each such tag.

1 CRR-NY 5.5 The use of mixtures, milk rinsings, milk drippings, whey and milk fat and other milk solids recovered therefrom {#sec-1-crr-ny-5.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 5.5}

Mixtures, milk rinsings, milk drippings, whey and milk fat and other milk solids recovered therefrom may be used in:

(a) products in the manufacture of which milk fat, other milk solids and water are permitted ingredients; or

(b) in the manufacture of butter and skimmed milk powder (nonfat dry milk solids).

Except as provided herein, no milk rinsings or mixture or product thereof shall be sold or used as human food.

1 CRR-NY 5.6 Milk drippings, milk rinsings, mixtures or whey to be used for feeding domestic animals to be heated {#sec-1-crr-ny-5.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 5.6}

No milk drippings, milk rinsings, mixtures or whey in fluid, concentrated liquid or semiliquid form which is to be used for feeding of domestic animals shall be removed from any butter factory, cheese factory or other milk plant or shall be used for such purpose unless uniformly heated to a temperature of not less than 143 degrees Fahrenheit and held at such temperature for at least 30 minutes, or unless uniformly heated to a temperature of 170 degrees Fahrenheit. (See Agriculture and Markets Law, section 55.)

Part 6 SAMPLING AND TESTING MILK FOR COMPONENT CONTENT

1 CRR-NY 6.1 Definition {#sec-1-crr-ny-6.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.1}

The following definitions shall apply to the terms used in this Part, unless the context unambiguously indicates otherwise.

(a) Bulk milk pick-up truck means a vehicle used by a milk receiver to pick up milk from dairy farms.

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

(c) Component means the milk fat, protein, lactose, nonfat solids and/or total solids in milk. Depending upon the context, the term component may include more than one component of milk.

(d) Dairy farmer means a person who operates a dairy farm and produces milk, and such term, when used in the plural, shall also encompass a cooperative of dairy farmers.

(e) He means he or she, him means him or her and his means his or hers.

(f) Milk means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy animals.

(g) Milk dealer means a person who purchases milk directly from dairy farmers and who is required or has agreed to pay for such milk based upon the amount of a component or components therein.

(h) Preservative means a substance that, when added to a sample of milk, maintains the sample's integrity, has no affect upon the amount of milk components therein and has no affect upon the proper functioning of electronic equipment used to determine the amount of a milk component or of milk components.

(i) Standard Methods means Standard Methods for the Examination of Dairy Products, 16th edition, 1992, published by the American Public Health Association, Washington, DC 20005. A copy of Standard Methods is available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, One Winners Circle, Albany, NY 12235 and at the Department of State, 41 State Street, Albany, NY 12231.

(j) Temperature control sample means a sample of milk taken from the bulk tank of the first dairy farm from which milk is picked up on each day when milk is picked up and which is taken in compliance with the applicable provisions of Standard Methods.

(k) Test, when used as a verb, means to analyze a sample of milk to determine the amount of a milk component or milk components therein.

(l) Test in question means the test of a universal sample that varies 0.5 percent or more from the last unquestioned test.

(m) Universal sample means a sample of milk taken from a bulk tank on a dairy farm, in compliance with the applicable provisions of Standard Methods.

(n) Unquestioned test means a test of a universal sample the results of which are, based upon the facts and circumstances, accurate.

1 CRR-NY 6.2 Milk receiver's license {#sec-1-crr-ny-6.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.2}

Pursuant to Agriculture and Markets Law, section 57, no person shall measure, weigh or otherwise determine the volume or weight of milk, or shall sample milk when such samples are to be tested to determine the amount of component or components therein, where the result of such test is used as a basis for payment for such milk or for the purpose of official inspection or for public record, unless licensed by the commissioner.

1 CRR-NY 6.3 Tester's license {#sec-1-crr-ny-6.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.3}

Pursuant to Agriculture and Markets Law, section 57, no person shall prepare or test milk samples to determine the amount of a component or components contained therein, where the result of such test is used as a basis for payment for such milk or for the purpose of official inspection or for public record or is used to calibrate electronic instruments, unless licensed by the commissioner. A person who holds a tester's license shall have the authority to conduct the activities for which a milk receiver's license is required.

1 CRR-NY 6.4 Granting, denying the renewal of, revoking and suspending licenses {#sec-1-crr-ny-6.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.4}

An applicant for a milk receiver's license or for a tester's license shall file an application upon a form prescribed by the commissioner. The commissioner may decline to grant a license if the applicant has not furnished satisfactory evidence of good moral character, or if he has not furnished satisfactory evidence that he is capable of conducting the activities for which a license is required by satisfactorily answering written and oral questions prepared by the commissioner and by demonstrating the ability to conduct such activities. The commissioner may decline to renew a license or may revoke a license, after a hearing upon due notice to the licensee, when he is satisfied by substantial evidence that the licensee:

(a) has made a false statement in his application;

(b) is dishonest, incompetent or inaccurate; or

(c) has violated the provisions of article 4 of the Agriculture and Markets Law.

1 CRR-NY 6.5 License fee, tenure {#sec-1-crr-ny-6.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.5}

No license shall be granted unless the applicant pays a fee of $5 to the commissioner for remittance to the State treasury, and no license shall be renewed unless the licensee pays a fee of $2 to the commissioner for remittance to the State treasury. A license shall be for a period not to exceed five years and shall be renewed for successive periods not exceeding five years each, consistent with the provisions of this section and of section 6.4 of this Part.

1 CRR-NY 6.6 Posting license {#sec-1-crr-ny-6.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.6}

A licensee shall keep his license or a copy thereof at his place of employment and such license shall be posted conspicuously, except a person who holds a milk receiver's license and who picks up milk from dairy farms shall carry his milk receiver's license with him or in his bulk milk pick-up truck.

REQUIREMENTS FOR MILK DEALERS REQUIREMENTS FOR MILK DEALERS

1 CRR-NY 6.7 Duties {#sec-1-crr-ny-6.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.7}

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.

REQUIREMENTS FOR TESTERS REQUIREMENTS FOR TESTERS

1 CRR-NY 6.8 Equipment {#sec-1-crr-ny-6.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.8}

A tester shall test only with equipment that accurately determines or aids in the accurate determination of the amount of a component. Equipment shall meet the specifications and be in compliance with the applicable provisions of Standard Methods and/or approved by the commissioner.

1 CRR-NY 6.9 Surroundings {#sec-1-crr-ny-6.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.9}

A tester shall test only in an environment which is free of undue dust, noise and vibrations, which has adequate lighting, ventilation and work space, and which is otherwise in compliance with the applicable provisions of Standard Methods.

1 CRR-NY 6.10 Frequency of testing of universal samples {#sec-1-crr-ny-6.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.10}

(a) Testing of universal samples taken from a dairy farm from which milk is picked up on an every-other day basis. A tester shall test not less than three universal samples taken during a month, and shall test at least one universal sample taken during each 10-day period of the month. In lieu of the foregoing, a tester shall test not less than four universal samples taken during a month, and shall test at least one universal sample taken during each seven-day period of the month commencing at the beginning of the month.

(b) Testing of universal samples taken from a dairy farm from which milk is picked up on a daily basis. A tester shall test not less than six universal samples taken during a month, and shall test at least two universal samples taken during each 10-day period of the month. In lieu of the foregoing, a tester shall test not less than eight universal samples taken during a month and shall test at least two universal samples taken during each seven-day period of the month commencing at the beginning of the month.

(c) Notwithstanding the provisions of subdivisions (a) and (b) of this section, a tester shall test additional universal samples, when required to do so by the provisions of section 6.15 of this Part and when a particular test indicates that the amount of milk component in the universal sample tested cannot be accurately determined, as set forth in section 6.11(c) of this Part.

1 CRR-NY 6.11 Procedures for testing of universal samples {#sec-1-crr-ny-6.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.11}

(a) A universal sample shall be tested by a method, and in compliance with the provisions, set forth in Standard Methods. The result of each test upon a universal sample shall be expressed as a percentage, to the nearest 0.05 percent when the Babcock or Gerber method is used and to.01 percent when electronic or ether extraction method is used, with the percentage representing the amount of the milk component tested for in the universal sample.

(b) No universal sample shall be tested more than 72 hours after having been taken from a dairy farm unless a preservative has been properly added to such universal sample prior to the expiration of such 72-hour period, in accordance with the provisions set forth in Standard Methods.

(c) No universal sample shall be tested if it is in a condition where the amount of a component or components therein being tested for cannot be accurately determined. With regard to tests done by the Babcock or Gerber method, a universal sample which has been tested to determine the amount of milk fat therein shall be re-tested if the fat column contains charred, foreign matter, curd particles; is milky, foggy, cloudy or indistinct; or if the meniscus is inverted. No result of testing shall be recorded or reported if the fat column is in such a condition.

1 CRR-NY 6.12 Bottles for testing by the Babcock or Gerber method {#sec-1-crr-ny-6.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.12}

All universal samples shall be tested in bottles that are graduated in one-tenth of one percent intervals, with each whole percent interval having significantly greater prominence then the one-tenth of one percent intervals. All bottles shall be graduated from zero to eight percent and shall hold a sufficient amount of milk so that the test to be done on such milk may be accurately performed. No bottle shall be used unless examined by the commissioner and approved and branded by him.

1 CRR-NY 6.13 Storage of universal samples {#sec-1-crr-ny-6.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.13}

A tester shall maintain universal samples under conditions designed to and which ensure their integrity. A tester shall maintain the portion of each universal sample left over after testing for 24 hours, under conditions set forth in the applicable provisions of Standard Methods.

1 CRR-NY 6.14 Records {#sec-1-crr-ny-6.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.14}

Subsequent to testing a universal sample to determine the amount of a component therein, the tester shall ensure that a record is made reflecting the result of the test, the identification number of the dairy farmer from whose farm the universal sample tested was taken, the date the universal sample was taken, the date of the test, information that reflects the name of the tester and any other information required by the commissioner. Such record shall be immediately furnished to the milk dealer who receives the milk of such dairy farmer and a copy thereof shall be maintained for one year from the date the universal sample was tested, at the tester's place of employment.

1 CRR-NY 6.15 Variances {#sec-1-crr-ny-6.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.15}

(a) When the result of the test on a universal sample varies 0.5 percent or more milk fat from the last unquestioned test, the milk dealer shall notify the appropriate milk receiver to submit the next sample taken after such notification (such sample) to a licensed tester. Such licensed tester shall properly test such sample and, if the result of the test upon such sample is within 0.5 percent of the test in question, the result of the analysis upon the test in question and upon such sample shall each be used in the calculation of the average milk component content in a dairy farmer's milk for the appropriate 7- or 10-day period. If the result of the test upon such sample varies more than 0.5 percent from the test in question, only the results of the test closest to the result of the last previous unquestioned test shall be used when calculating the average milk component content in a dairy farmer's milk for the appropriate 7- or 10-day period.

(b) Notwithstanding the provisions of subdivision (a) of this section, the tester shall not use the result of any test which is, based upon all the facts and circumstances, erroneous.

REQUIREMENTS FOR MILK RECEIVERS REQUIREMENTS FOR MILK RECEIVERS

1 CRR-NY 6.16 Other duties {#sec-1-crr-ny-6.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.16}

A tester shall comply with the requirements set forth in section 2.7 of this Title, when performing biological, chemical and or physical tests upon the milk and milk products defined in Part 2.

1 CRR-NY 6.17 Sampling {#sec-1-crr-ny-6.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.17}

(a) A milk receiver shall obtain a universal sample(s) of the total production from each dairy farm, on each occasion on which milk is picked up. Each universal sample taken shall be promptly delivered to a safe and secure location. A milk receiver shall also obtain a universal sample, or a sample of milk other than a universal sample, from a dairy farm when requested by the commissioner, which sample shall be submitted to the commissioner if and as required by him.

(b) A milk receiver shall properly obtain a temperature control sample which shall be held in a manner such that the milk held therein is the same temperature as the milk held in the universal sample(s) obtained from the dairy farm(s) from which milk was picked up. The temperature of the milk in such temperature control sample shall be determined at approximately the same time that such universal sample(s) is (are) delivered to a safe and secure location. Such temperature shall be recorded along with the name of the milk receiver who took such temperature control sample, the date on which such temperature control sample was taken, the bulk milk pick-up truck identification, and other information required by the commissioner. All such information shall be recorded in a manner approved by the commissioner and shall be maintained for a period of not less than one year.

(c) In the event that milk picked up from a dairy farm is frozen, partially frozen, lumpy, curdled, churned or otherwise abnormal, the milk receiver shall identify the sample vial so that the condition of such milk may be readily discerned.

1 CRR-NY 6.18 Equipment and procedures {#sec-1-crr-ny-6.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.18}

A milk receiver shall:

(a) use the equipment and the procedures for taking and maintaining universal samples as provided for in Standard Methods and Appendix 6 of Part 3 of this Title, except as provided for in this Part; and

(b) possess equipment and materials to determine the strength of the sanitizer used, to be used or which can reasonably be expected to be used. A milk receiver shall determine the strength of the sanitizer as often as is necessary to ensure that its concentration meets the requirements set forth in Standard Methods.

1 CRR-NY 6.19 Records availability {#sec-1-crr-ny-6.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 6.19}

A milk receiver shall prepare a weigh slip while or immediately after sampling and picking up milk from a dairy farm. The weigh slip shall set forth the name of the dairy farmer from whose dairy farm milk was picked up and/or his identification number, the date and time such milk was picked up, the temperature of such milk, the amount of milk in the dairy farmer's bulk tank, expressed in pounds or in a number that can be readily converted to pounds and the milk receiver's full name. A copy of such weigh slip shall be left at the dairy farm and the original thereof shall be promptly furnished to the appropriate milk dealer.

Part 7 PASTEURIZATION OF CHEESE AND CHEESE CURD

1 CRR-NY 7.1 Definitions {#sec-1-crr-ny-7.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 7.1}

As used in these regulations:

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

(b) The term milk means milk, cream or skimmed milk or any combination of milk, cream or skimmed milk.

(c) The term cheese curd means the substance usually known by that term obtained by the bringing together of most of the solids and excluding most of the water from milk with or without other harmless ingredients and which may be utilized in such form or which may be subjected to further processing in the manufacture of cheese.

(d) The term cheese means the product produced from cheese curd as herein defined or from milk with or without other harmless ingredients which is made by the bringing together of most of the solids and the exclusion of most of the water. It includes cheese of all types and varieties, including but not limited to cheese of the American or cheddar type, soft cheese such as cottage, pot, baker's or farmer's cheese, Italian-type cheese, and all other cheese by whatever name known.

(e) The term container as used herein means any carton, box, crate, barrel, half-barrel, hamper, keg, drum, jug, jar, crock, bottle, bag, basket, pail, can, wrapper, parcel or package.

1 CRR-NY 7.2 Sale of cheese and cheese curd regulated {#sec-1-crr-ny-7.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 7.2}

No person shall release cheese or cheese curd to the retail trade or to any public eating place or to any institution or to any consumer unless such cheese or cheese curd has been either:

(a) pasteurized;

(b) made from pasteurized milk; or

(c) held after manufacture for a period of not less than 60 days at a temperature not lower than 35 degrees Fahrenheit.

1 CRR-NY 7.3 Pasteurization defined {#sec-1-crr-ny-7.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 7.3}

Cheese or cheese curd shall not be deemed to be pasteurized unless:

(a) every particle of the milk used in its manufacture has been subjected to a temperature of not less than 143 degrees Fahrenheit continuously for 30 minutes or more, or to a temperature of not less than 161 degrees Fahrenheit for 15 seconds or more; or

(b) every particle of the cheese itself has been subjected to a temperature of not less than 143 degrees Fahrenheit continuously for 30 minutes or more, or to a temperature of not less than 161 degrees Fahrenheit for 15 seconds or more; or

(c) subjected to some other treatment or process approved in writing by the commissioner.

In the absence of evidence to the contrary, milk pasteurized in a plant which has been found by the New York State Department of Health to be meeting the requirements of the Sanitary Code promulgated by the Public Health Council of the State of New York [10 NYCRR Chapter I], and milk pasteurized in a plant which has been found to be meeting the requirements of the sanitary code of the Board of Health of the Department of Health of the City of New York, shall be deemed to have been pasteurized as herein required so long as such plant continues to meet such requirements.

1 CRR-NY 7.4 Labeling of cheese and cheese curd {#sec-1-crr-ny-7.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 7.4}

Each separate cheese not in a container and each container of cheese or of cheese curd shall be plainly and legibly marked or labeled as follows:

(a) If the cheese or cheese curd has been pasteurized or has been made from pasteurized milk, with the word “Pasteurized.”

(b) If the cheese or cheese curd has not been pasteurized or made from pasteurized milk, with the date upon which such cheese was made.

(c)

(1) With the name and address of the manufacturer, packer or distributor; or

(2) By the use of a stencil brand, stamp or label procured and issued by the commissioner pursuant to section 67 of the Agriculture and Markets Law and used in conformity with the provisions of such section and in conformity with the regulations promulgated thereunder.

(d) The manufacturer of cheese or cheese curd shall mark or label the cheese or cheese curd as provided in this section within 72 hours of its manufacture, provided that, if the cheese or cheese curd cannot itself be marked or labeled, the information herein required shall be placed on the container of the cheese or cheese curd or upon a tag or label securely affixed thereto.

(e) Cheese which has not been pasteurized as defined in section 7.3 of this Part but which has been held after manufacture for a period of not less than 60 days at a temperature not lower than 35 degrees Fahrenheit may, in lieu of being marked with the date of manufacture, be marked or labeled “Aged 60 days or more”, provided that, when cheese has been so held for more than 60 days, such statement may indicate such longer period of aging.

Part 8 PROCUREMENT, ISSUANCE AND USE OF STATE BRAND STENCILS OR STAMPS FOR LABELING OF WHOLE MILK CHEESE

1 CRR-NY 8.1 Definitions {#sec-1-crr-ny-8.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.1}

As used in this Part the following terms shall have the following meanings:

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

(b) Person means any person, firm, corporation or association.

(c) Cheddar cheese means cheese which conforms to the definition of cheddar cheese pursuant to subdivision 30 of section 46 of the Agriculture and Markets Law.

(d) Washed curd cheese means cheese which conforms to the definition of washed curd cheese pursuant to subdivision 31 of section 46 of the Agriculture and Markets Law.

(e) Colby cheese means cheese which conforms to the definition of colby cheese pursuant to subdivision 29 of section 46 of the Agriculture and Markets Law.

(f) Identification stamp or stencil means a stamp, stencil, brand, label or other device issued by the commissioner to be used for the purpose of identifying the type of cheese and the manufacturer.

(g) Grade stamp or stencil means a stamp, stencil, brand, label or other device issued by the commissioner to be used for the purpose of identifying the grade of New York State cheese.

(h) Registered agent means any distributor of cheese who assembles, cuts, or stores cheese in New York State and who has been designated by the holder of an identification stamp or stencil as his agent.

IDENTIFICATION STAMPS OR STENCILS IDENTIFICATION STAMPS OR STENCILS

1 CRR-NY 8.2 Application {#sec-1-crr-ny-8.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.2}

Any person who manufactures or proposes to manufacture cheddar, washed curd or colby cheese in New York State may apply for an identification stamp or stencil to be used in marking such cheese in lieu of marking such cheese with his name and address. Application for such stamps or stencils shall be made on a form prescribed by the commissioner. Such application shall be made, if possible, at least 30 days prior to the date when the applicant desires to commence the use of such stamps or stencils.

1 CRR-NY 8.3 Identification stamp or stencil {#sec-1-crr-ny-8.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.3}

The identification stamp or stencil shall include the type of cheese to be marked, namely: cheddar cheese, washed curd cheese, or colby cheese and shall include a plant identification number to be assigned by the commissioner.

1 CRR-NY 8.4 Use of identification stamp or stencil {#sec-1-crr-ny-8.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.4}

Such identification stamps or stencils shall be used to clearly mark cheddar cheese, washed curd cheese, or colby cheese within 72 hours after manufacture, with the name of such cheese and with the plant identification number. Such cheese shall also be marked with the date of manufacture and vat number. Such identification marks may be applied to the bandage, wrapper, or container of cheese or to a tag attached to such cheese.

1 CRR-NY 8.5 Limitations on use of identification stamps or stencils {#sec-1-crr-ny-8.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.5}

No identification stamp or stencil as provided pursuant to this Part shall be used to mark cheese other than cheddar, washed curd, or colby cheese which conforms to the standards for such cheese pursuant to subdivisions 29, 30 and 31 of section 46 of the Agriculture and Markets Law.

1 CRR-NY 8.6 Illegal use of identification stamp or stencil {#sec-1-crr-ny-8.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.6}

Whenever the commissioner has evidence that any identification stamp or stencil has been used contrary to law or to the provisions of this Part, he may direct the person to whom such stamp or stencil was issued to return such stamp or stencil to the commissioner and may order the obliteration or removal of any identification markings which were wrongfully made.

1 CRR-NY 8.7 Hearing {#sec-1-crr-ny-8.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.7}

Whenever the commissioner directs the removal or obliteration of markings or directs the return of any identification stamp or stencil, the person directed may apply for a hearing. In case of such an application for hearing, the commissioner shall hold a hearing to determine whether or not the identification stamp or stencil should be restored and the obliterated marks restored.

QUALITY GRADE STAMPS OR STENCILS QUALITY GRADE STAMPS OR STENCILS

1 CRR-NY 8.8 Grades {#sec-1-crr-ny-8.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.8}

(a) New York State Brand.

The commissioner hereby establishes “New York State Brand” as the highest grade for cheddar, washed curd, and colby cheese manufactured in the State of New York.

(b) New York Standard.

The commissioner hereby establishes “New York Standard” as the second highest grade for cheddar, washed curd, and colby cheese manufactured in the State of New York.

(c) The requirements for “New York State Brand” grade and for “New York Standard” grade shall be those established pursuant to 1 NYCRR Part 34.

1 CRR-NY 8.9 Application {#sec-1-crr-ny-8.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.9}

Any person holding an identification stamp or stencil issued by the commissioner or any distributor of cheese who assembles, cuts or stores cheese in New York State and who has been designated by the holder of an identification stamp or stencil as his agent, may make application to the commissioner on a form prescribed by the commissioner for “New York State Brand” grade or “New York Standard” grade stamps or stencils for use only on cheese meeting the quality standards established for such grade. Such application shall be for a period of one year and if to be renewed, such renewal application shall be made at least 30 days prior to the date when such stamps or stencils are to be used.

1 CRR-NY 8.10 Design for grade stamps or stencils {#sec-1-crr-ny-8.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.10}

Grade stamps or stencils issued by the commissioner shall conform to the following:

(a) New York State Brand.

The markings shall be at least one-half inch high. The word “Grade” shall be on the first line and “New York State Brand” on the second line. These two lines shall be enclosed in a miniature map of New York State, and with the letters “NYS” superimposed thereon.

(b) New York Standard.

The markings shall be at least one-half inch high. The word “Grade” shall be on the first line and “New York Standard” on the second line. No map of New York State nor the letters “NYS” shall be a part of this stamp or stencil.

1 CRR-NY 8.11 Stamp or stencil numbers {#sec-1-crr-ny-8.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.11}

Each stamp or stencil issued for “New York State Brand” cheese and for “New York Standard” cheese shall bear a separate number for each manufacturer. The numbers shall be assigned on a permanent basis, but application for grade stencils or stamps shall be made annually. A record shall be kept of the name and address and number issued to each person.

1 CRR-NY 8.12 Use of grade stamps or stencils by designated agents {#sec-1-crr-ny-8.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.12}

Any grade stamp or stencil issued to a designated agent shall bear a number corresponding to the number assigned to the manufacturer who designated such person as his agent. No designated agent shall use any numbered grade stamp or stencil except on cheese of the manufacturer to whom such number was assigned.

1 CRR-NY 8.13 Grade marking of cheese {#sec-1-crr-ny-8.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.13}

Cheese may be marked as “New York State Brand” grade or as “New York Standard” grade at any time after manufacture provided that the cheese so marked complies with the standards established by the commissioner for the grade marked and provided further that such grade markings shall be placed on cheese only when it is in New York State.

1 CRR-NY 8.14 Removal of grade markings {#sec-1-crr-ny-8.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.14}

The commissioner or his representative may inspect cheese for compliance with the quality standards and when there is evidence that the grade markings have been placed upon cheese which does not meet the minimum quality standards, may order the removal or obliteration of such grade markings.

1 CRR-NY 8.15 Hearing {#sec-1-crr-ny-8.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.15}

A person who has been ordered to remove or obliterate grade markings from cheese may apply for a hearing, in which case a hearing shall be held to determine whether or not such grade markings shall be removed or obliterated or if they have already been removed or obliterated whether or not such markings shall be restored.

1 CRR-NY 8.16 Revocation of grade marking stamps or stencils {#sec-1-crr-ny-8.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.16}

Whenever the commissioner has evidence that any grade marking stamp or stencil has been used contrary to law or to the provisions of this Part, he may after hearing, direct the person to whom such stamp or stencil was issued, to return same. After the commissioner has directed the return of such grade marking stamp or stencil, it shall be illegal for the person to whom it was issued or his registered agent to use such stamp or stencil until the commissioner has authorized its reissue.

1 CRR-NY 8.17 Records {#sec-1-crr-ny-8.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.17}

Each person who holds a grade marking stamp or stencil shall keep a record of all cheese to which such grade markings have been applied. Such record shall include the date of manufacture, the vat number, and the grade assigned to such cheese. These records shall be open to inspection by the commissioner or his representatives and shall be kept for at least two years.

1 CRR-NY 8.18 Making and use of similar stamps or stencils prohibited {#sec-1-crr-ny-8.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 8.18}

Except for the purpose of replacing worn out stamps or stencils or for making similar but smaller or larger stamps or stencils, no person shall make or cause to be made any stamp, stencil or other marking device which may resemble in any way the identification or grade marking stamps or stencils as provided herein nor shall any person use any marking which includes a miniature map of New York State or the letters “NYS” superimposed upon such marking, nor shall any person use a number other than as assigned by the commissioner.

Part 17 REQUIREMENTS FOR THE LABELING OF, AND DEFINITIONS AND STANDARDS OF IDENTITY FOR, MILK, MILK PRODUCTS AND FROZEN DESSERTS

1 CRR-NY 17.1 Definitions {#sec-1-crr-ny-17.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.1}

For the purpose of this Part:

(a) Cream means the liquid milk product high in fat separated from milk, which may have been adjusted by adding thereto: milk, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Cream contains not less than 18 percent milkfat.

(b) Homogenized means the milk or milk product has been treated in such a manner as to insure breakup of the fat globules to such an extent that, after 48 hours quiescent storage at 45 degrees Fahrenheit, no visible cream separation occurs on the product and the fat percentage of the top 100 milliliters of the product in a quart container, or of proportionate volumes in containers of other sizes, does not differ by more than 10 percentum from the fat percentage of the remaining portion as determined after thorough mixing.

(c) Pasteurized means the definition for such term set forth in section 2.44 of this Title.

(d) Safe and suitable means the defintion set forth in section 130.3(d) of Title 21 of the Code of Federal Regulations (revised as of April 1, 1994), a copy of which is available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, One Winners Circle, Albany, NY 12235.

(e) Special dietary use means the defintion for such term set forth in section 105.3(a) of Title 21 of the Code of Federal Regulations (revised as of April 1, 1994), a copy of which is available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, One Winners Circle, Albany, NY 12235.

(f) Ultra pasteurized means the definition of such term set forth in section 2.2(aaa) of this Title.

1 CRR-NY 17.2 Flavored dairy drink: identity {#sec-1-crr-ny-17.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.2}

(a) Description.

Flavored dairy drink is a pasteurized or ultra pasteurized product in liquid form containing not more than two percent milk fat and not less than eight percent milk solids not fat.

(b) Optional ingredients.

(1) Milk, cream, skim milk, concentrated milk, condensed skim milk or nonfat dry milk or other milk derived ingredients to increase the nonfat solids content of the food; provided, that the ratio of protein to total nonfat solids of the food, and the protein efficiency ratio of all protein present, shall not be decreased as a result of adding such ingredients. When added, the finished product shall contain not less than 10 percent milk solids not fat.

(2) Water.

(3) Flavoring ingredients (with or without safe and suitable coloring, nutritive sweeteners, emulsifiers and stabilizers).

(4) Safe and suitable natural and artificial food flavoring.

(5) Safe and suitable nutritive sweeteners.

(c) Nomenclature.

The name of the food is “ __Dairy Drink.” The blank is to be filled in by the name of the flavor.

(1) One or more of the following descriptive terms, if applicable, shall accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half the height of the letters used in the name of the food.

(i) If any flavoring ingredients have been added, and the resultant flavor derives wholly from natural flavoring, the common name of the flavoring, followed by the name of the food.

(ii) If any flavoring ingredients have been added and the resultant flavor derives predominantly from the natural flavor, the common name of the flavoring, followed by the word flavored, e.g., “vanilla flavored.”

(iii) If any flavoring ingredients have been added, and the resultant flavor derives wholly or predominantly from artificial flavoring, the words “artificial __flavored,” the blank being filled in with the common name of the flavor simulated.

(2) The following terms may appear on the label:

(i) The word “homogenized” if the food has been homogenized.

(ii) The word “pasteurized” if the food has been pasteurized.

(d) Label declaration.

The common or usual name of each of the optional ingredients used in the food shall be declared on the label.

1 CRR-NY 17.3 Whole milk ricotta cheese; identity {#sec-1-crr-ny-17.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.3}

(a) The terms whole milk ricotta cheese or whole milk ricotta shall mean cheese manufactured according to the following method: milk (which may be standardized and/or adjusted by a membrane filtration or evaporation process) and milk solids are mixed with an acidifying agent, the same being one or a mixture of two or more of the following: culture of harmless lactic acid-producing bacteria, a vinegar, fermented whey or acid whey powder (in an amount not to exceed 2.50 percent by weight of the total milk), lactic or citric acid, to which may also be added salt. Sufficient rennet may be added to set the milk and milk solids. The mixture is heated with the aid of direct steam injection until a temperature of about 180°F is reached, and it is held near that temperature until the curd separates. The curd is removed by skimming, or the whey is drained or siphoned off. Additional curd may be obtained from the whey by the further addition of an acidifying agent prescribed above, or by further heating or both. The curd may be whipped or beaten to obtain a finer texture. Any other procedure and ingredients approved by the commissioner may be used, provided the materials are safe and suitable and the resulting product has the same physical, chemical and organoleptic characteristics as the product made by the prescribed procedure.

(b) Such cheese shall contain not more than 80 percent moisture and not less than 11 percent milkfat in the finished product. There may be added thereto, as optional ingredients, harmless stabilizer, emulsifier and/or food color or whitener approved by the commissioner.

1 CRR-NY 17.4 Part skim ricotta cheese; identity {#sec-1-crr-ny-17.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.4}

The terms part skim ricotta cheese or part skim ricotta shall mean cheese made using skimmed milk and made by the methods and the ingredients prescribed for “whole milk ricotta cheese” as set forth in section 17.3 of this Part, but containing not more than 80 percent moisture and less than 11 percent but not less than six percent milkfat in the finished product.

1 CRR-NY 17.5 Ricotta, ricotone or whey cheeses; identity {#sec-1-crr-ny-17.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.5}

(a) Description.

The term ricotta, ricotta cheese, ricotone cheese, ricotoneor whey cheese shall mean cheese manufactured according to the following method. Cheese whey (to which may be added buttermilk, whole milk, skim milk or milk solids, any of which may be adjusted by a membrane filtration or evaporation process) is mixed with an acidifying agent, the same being one or a mixture of two or more of the following: culture of harmless lactic acid-producing bacteria, vinegar, fermented whey, acid whey, whey powder, lactic or citric acid, to which may also be added salt. Sufficient rennet may be added to set the added milk solids. The mixture is heated with the aid of direct steam injection until a temperature of about 190°F is reached, and it is held near that temperature until the curd separates. The curd is removed by skimming, or the whey is drained or siphoned off. The curd may be whipped or beaten to obtain a finer texture. Any other procedure and ingredients approved by the commissioner may be used, provided the materials are safe and suitable and the resulting product has the same physical, chemical and organoleptic characteristics as the product made by the prescribed procedure.

(b) Such cheese shall contain not more than 80 percent moisture. There may be added thereto, as optional ingredients, harmless stabilizer, emulsifier or food color or whitener approved by the commissioner.

1 CRR-NY 17.6 Dairy shake: identity; label statement {#sec-1-crr-ny-17.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.6}

(a) Description.

Dairy shake is a pasteurized semi-viscous drink consisting of one or more of the optional dairy ingredients specified in subdivision (b) of this section and may contain other safe and suitable nonmilk derived ingredients excluding other food fats, except such as are the natural components of flavoring ingredients used or are added in incidental amounts to accomplish specific functions. Dairy shake is sweetened with nutritive sweetners and may contain flavoring ingredients and harmless coloring. Dairy shake shall:

(1) contain not less than 3.25 percent milkfat;

(2) contain not less than 11 percent total milk solids;

(3) contain not less than 20 percent total solids; and

(4) not be produced by freezing while stirring.

(b) Optional dairy ingredients.

The optional dairy ingredients referred to in subdivision (a) of this section are: cream, dried cream, plastic cream (sometimes known as concentrated milkfat), butter, butter oil, milk, concentrated milk, evaporated milk, sweetened condensed milk, superheated condensed milk, dried milk, skim milk, concentrated skim milk, evaporated skim milk, condensed skim milk, superheated condensed skim milk, sweetened condensed skim milk, sweetened condensed part-skim milk, nonfat dry milk, sweet cream buttermilk, condensed sweet cream buttermilk, dried sweet cream buttermilk, skim milk that has been concentrated and from which part of the lactose has been removed by crystallization, skim milk in concentrated or dried form that has been modified by treating the concentrated skim milk with calcium hydroxide and disodium phosphate, and whey and those modified whey products (e.g., reduced lactose whey, reduced minerals whey, and whey protein concentrate) that have been determined by FDA to be generally recognized as safe for use in this type of food.

(c) Vitamin D addition optional.

Vitamin D may be added to the product provided it is in such a quantity that each quart of the food contains 400 international units thereof, within limits of good manufacturing practice.

(d) Nomenclature: label statement.

The name of the food is “dairy shake.”

1 CRR-NY 17.7 Melloream shake: identity; label statement {#sec-1-crr-ny-17.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.7}

(a) Description.

Melloream shake is a pasteurized semi-viscous drink consisting of safe and suitable ingredients, including, but not limited to milk-derived nonfat solids and vegetable fat. It may contain nutritive carbohydrate sweetners, flavoring ingredients and harmless coloring.

(1) its content of fat shall be not less than 3.25 percent;

(2) its contents of total milk solids shall not be less than 11 percent;

(3) contain not less than 20 percent total solids; and

(4) it is not produced by freezing while stirring.

(b) Nomenclature: label statement.

The name of the food is “melloream shake.”

(c) Vitamin addition optional.

Vitamin D may be added to the product provided it be in such a quantity that each quart of the food contains 400 international units thereof, within limits of good manufacturing practice.

1 CRR-NY 17.8 Frozen yogurt: identity; label statement {#sec-1-crr-ny-17.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.8}

Frozen yogurt is the food prepared by freezing a pasteurized mix consisting of the ingredients permitted for ice cream in section 135.110 of title 21 of the Code of Federal Regulations (revised as of April 1, 1994), a copy of which is available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, One Winners Circle, Albany, NY 12235. Such ingredients are cultured after pasteurization with a characterizing bacteria culture including but not limited to strains of Lactobacillus bulgaricus and Streptococcus thermophilus; provided, however, fruit, nuts or other flavoring materials may be added before or after the mix is pasteurized and cultured. The standard plate count requirement for frozen desserts shall apply to the mix prior to culturing. Frozen yogurt, exclusive of any flavoring, contains not less than 3.25 percent milkfat, not less than 8.25 percent milk solids not fat and has a titratable acidity of not less than 0.3 percent expressed as lactic acid. This characteristic acidity is developed as a result of the bacterial activity and no heat or bacteriostatic treatment, (other than refrigeration), which results in destruction or partial destruction of the organisms, shall be applied to the product after such culturing. The finished yogurt shall weigh not less than five pounds per gallon. The name of the food is frozen yogurt. On the label of frozen yogurt, the strains of bacteria may be collectively referred to as yogurt culture.

1 CRR-NY 17.9 Quiescently frozen confection: identity; label statement {#sec-1-crr-ny-17.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.9}

Quiescently frozen confection means the frozen product made from sweetening agent, harmless natural or artificial flavoring, water, and it may contain milk solids, harmless coloring, organic acids, and any safe and suitable functional ingredient approved by the department. The finished product shall contain not less than 17 per centum by weight of total food solids. The name of the food is “quiescently frozen confection.” In the manufacture of this product, freezing has not been accomplished by stirring or agitation (generally known as quiescent freezing). In the production of this quiescently frozen confection, no processing or mixing prior to quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10 per centum. This confection must be manufactured in the form of servings, individually packaged, bagged or otherwise wrapped, properly labeled and purveyed to the consumer in its original factory-filled package. The individually wrapped confection need not be labeled if it is contained in a multiple package which is properly labeled and is purveyed unopened to the consumer. In addition to all other required information, the label shall contain a complete list of ingredients, in accordance with the provisions of 21 CFR 101.4, and comply with the provisions of subdivisions (h) and (i) of 21 CFR 101.22.

1 CRR-NY 17.10 Quiescently frozen dairy confection: identity; label statement {#sec-1-crr-ny-17.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.10}

Quiescently frozen dairy confection means the frozen product made from milk products, sweetening agents, harmless natural or artificial flavoring, water and it may contain harmless coloring, and any safe and suitable functional ingredient approved by the department. The finished product contains not less than 13 per centum by weight of total milk solids, not less than 33 per centum by weight of total food solids. The name of the food is “quiescently frozen dairy confection.” In the manufacture of this product, freezing has not been accompanied by stirring or agitation (generally known as quiescent freezing). In the production of this quiescently frozen dairy confection, no processing or mixing to quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10 per centum. This confection must be manufactured in the form of servings, individually packaged, bagged or otherwise wrapped, properly labeled and purveyed to the consumer in its original factory-filled package. The individually wrapped confection need not be labeled if it is contained in a multiple package which is properly labeled and is purveyed unopened to the consumer. In addition to all other required information, the label shall contain a complete list of ingredients, in accordance with the provisions of 21 CFR 101.4, and comply with the provisions of subdivisions (h) and (i) of 21 CFR 101.22.

1 CRR-NY 17.11 Manufactured desserts mix: identity; label statement {#sec-1-crr-ny-17.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.11}

(a) Manufactured desserts mix, whipped cream confection, bisque tortoni means a frozen dessert made with milk products, sweetening agents, flavoring agents, with or without harmless coloring or any other safe and suitable ingredients approved by the commissioner. The product must contain not less than 18 per centum by weight of milkfat, and not more than 12 per centum of milk solids not fat, and may be packaged with harmless gas causing it to fluff upon ejection from the package or container.

(b) In addition to all other required information, the label shall contain a complete list of ingredients, in accordance with the provisions of 21 CFR 101.4.

1 CRR-NY 17.12 Freezer-made milk shake; freezer-made shake: identities; label statements {#sec-1-crr-ny-17.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.12}

(a) Freezer-made milk shake means a pure, clean, wholesome, semiviscous drink prepared by stirring, while freezing, in a dispensing freezer, a pasteurized mix consisting of the ingredients prescribed for ice milk in section 135.120 of title 21 of the Code of Federal Regulations (revised as of April 1, 2010), a copy of which is available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, except that:

(1) it shall contain not less than 3¼ percent and not more than six percent milk fat; and

(2) its content of milk solids not fat shall not be less than 10 percent.

Freezer-made milk shake may only be sold or served from a dispensing freezer and may not be sold hard frozen.

(b) Freezer-made shakes, including jumbo shake, thick shake, TV shake, or any coined or trade name containing the word shake shall meet the requirements of subdivision (a) of this section, except that the minimum percent of milk fat may be less than 3¼ percent.

1 CRR-NY 17.13 Parevine: identity; label statement {#sec-1-crr-ny-17.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.13}

(a) Parevine is the food which is prepared by freezing, while stirring, a pasteurized mix composed of:

(1) one or more edible vegetable oils or fats;

(2) protein and carbohydrate food ingredients from other than milk or meat sources;

(3) nutritive sweeteners other than lactose;

(4) characterizing ingredients except any containing meat or milk; and

(5) any other safe and suitable ingredient which is not milk or meat or a product or derivative of milk or meat.

This product shall not contain any milk, milk product, meat or meat product or any of their derivatives of any kind.

(b) Its fat content shall not be less than 10 percent, except that when bulky optional characterizing ingredients are used, the fat content may be reduced, as a result of the addition of such ingredients, but shall in no case be less than eight percent.

(c) Its content of food solids shall not be less than 1.3 pounds per gallon of finished product.

(d) The name of the product is “parevine”.

(e) When parevine is served for consumption on the premises, a sign must be conspicuously displayed on the sale premises, or vehicle, where it can be clearly read by customers under normal conditions of purchase, stating “PAREVINE SOLD HERE”. Letters on such sign shall be boldface capitals at least three inches in height and in contrasting color to the background. No such sign need be displayed if each customer is provided with a menu on which there is stated “ PAREVINE SERVED HERE” in boldface capitals as large as those used in listing most food items.

(f) The label on packages of parevine shall, in addition to all other required information, include a complete list of all ingredients in accordance with the provisions of 21 CFR 101.4.

1 CRR-NY 17.14 Lo-mel: identity; label statement {#sec-1-crr-ny-17.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.14}

(a) Lo-mel means a pure, clean, wholesome, semiviscous drink prepared by stirring, while freezing, in a dispensing freezer a pasteurized mix composed of edible fats and oils other than milk fat, milk solids not fat, water, option sweetening ingredients as approved by the commissioner, with or without egg or egg products, with or without harmless flavoring, with or without harmless coloring, and with or without safe and suitable stablizers, emulsifiers or other ingredients. It shall contain not more than six percent edible fats or oils. It may contain other safe and suitable ingredients approved by the commissioner. It shall contain not more than one half percent by weight of stabilizer and not more than one fifth of one percent of emulsifier.

(b) Lo-mel may only be served or sold directly from a dispensing freezer and may not be sold hard frozen.

(c) When lo-mel is sold from a dispensing freezer, a sign must be displayed which shall read "Lo-mel Served Here," in letters at least three inches in height, and shall include a list of all ingredients in a manner acceptable to the commissioner; provided, however, that the name of the edible fats or oils other than milk fat used must be specified. The letters of such sign shall be of sufficient size to be read by customers under normal conditions of purchase. No such list of ingredients need be included on the sign if the list of ingredients is printed on the side of the container in which the product is served to the customer.

1 CRR-NY 17.15 Frozen pudding: identity; label statement {#sec-1-crr-ny-17.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.15}

(a) Description.

Frozen pudding is a product made from a pasteurized mix, intended to be eaten in the frozen state. The mix may be composed of:

(1) milk and milk products;

(2) modified or unmodified food starch;

(3) sweetening agents;

(4) harmless natural and/or artificial flavoring;

(5) harmless natural and/or artificial color; and

(6) any other safe or suitable functional ingredient.

(b) The finished product shall contain:

(1) not less than five percent by weight milk solids not fat; and

(2) not less than 25 percent total food solids.

(c) The weight of the finished product shall be not less than 4.5 pounds per gallon.

(d) If not frozen promptly after pasteurization, the finished product shall be cooled to 50 degrees Fahrenheit, or lower, and maintained thereat, or the finished product shall be cooled and maintained under conditions to assure suitability for consumption.

(e) The name of the product is “frozen pudding.”

1 CRR-NY 17.16 Generic frozen dessert: identity; label statement {#sec-1-crr-ny-17.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.16}

(a) Description.

A generic frozen dessert is a food that in its unfrozen form or state, is recognized by consumers by an established common or usual name or in the absence thereof, by an appropriate descriptive term. The unfrozen food becomes a frozen dessert when it is frozen, with or without agitation, and when the food, in its frozen form is designed and intended to be consumed in a frozen state. Generic frozen desserts shall be made from safe and suitable ingredients. A generic frozen dessert, whose unfrozen counterpart is subject to a definition and standard of identity, shall comply with that definition and standard of identity, and ingredient provisions, except that safe and suitable ingredients may additionally be used that are necessary in the manufacture of the frozen dessert.

(b) Nomenclature.

The name of the frozen dessert shall be: “Frozen __.” The blank shall be filled in with the common or usual name of the unfrozen counterpart of the food, or in the absence thereof, an appropriate descriptive term.

1 CRR-NY 17.17 Frozen dessert mix: identity; label statement {#sec-1-crr-ny-17.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.17}

(a) Frozen dessert mix is the food that meets a standard of identity for a frozen dessert set forth or provided for in this Part except that such food is in package form and is not frozen.

(b) The name of the food is " __ mix". The blank must be filled in with the name of the frozen dessert set forth in the otherwise applicable standard of identity.

1 CRR-NY 17.18 Additional standards of identity for milk and milk products {#sec-1-crr-ny-17.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.18}

(a) The standards of identity for butter, whipped cream, milk, acidified milk, cultured milk, concentrated milk, sweentened condensed milk, sweetened condensed skimmed milk, lowfat dry milk, nonfat dry milk, nonfat dry milk fortified with vitamins A and D, evaporated milk, evaporated skimmed milk, lowfat milk, acidified lowfat milk, cultured lowfat milk, skim milk, acidified skim milk, cultured skim milk, dry whole milk, dry cream, heavy cream, light cream, light whipping cream, sour cream, acidified sour cream, eggnog, half-and-half, sour half-and-half, acidified sour half-and-half, yogurt, lowfat yogurt, and nonfat yogurt, as set forth in section 58.2621 of title 7 of the Code of Federal Regulations (revised as of January 1, 2010) and in sections 131.110; 131.111; 131.112; 131.115; 131.120; 131.122; 131.123; 131.125; 131.127; 131.130; 131.132; 131.135; 131.136; 131.138; 131.143; 131.144; 131.146; 131.147; 131.149; 131.150; 131.155; 131.157; 131.160; 131.162; 131.170; 131.180; 131.185; 131.187; 131.200;131.203; and 131.206, respectively, of title 21 of the Code of Federal Regulations (revised as of April 1, 2010), are adopted and incorporated by reference herein. Copies of 7 CFR and 21 CFR are available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, 10 Airline Drive, Albany, NY 12235.

(b) The standards of identity for asiago fresh and asiago soft cheese, asiago medium cheese, asiago old cheese, blue cheese, brick cheese, brick cheese for manufacturing, caciocavallo siciliano cheese, cheddar cheese, cheddar cheese for manufacturing, low sodium cheddar cheese, colby cheese, colby cheese for manufacturing, low sodium colby cheese; cold-pack and club cheese; cold-pack cheese food; cold-pack cheese food with fruits, vegetables, or meats; cook cheese, koch kaese; cottage cheese; dry curd cottage cheese; lowfat cottage cheese; cream cheese; cream cheese with other foods; washed curd and soaked curd cheese; washed curd cheese for manufacturing; edam cheese; gammelost cheese; gorgonzola cheese; gouda cheese; granular and stirred curd cheese; granular cheese for manufacturing; grated cheese; grated American cheese food; hard grating cheeses; gruyere cheese; hard cheeses; limburger cheese; monterey cheese and monterey jack cheese; high moisture jack cheese; mozzarella cheese and scamorza cheese; low-moisture mozzarella and scamorza cheese; part-skim mozzarella and scamorza cheese; low-moisture part-skim mozzarella and scamorza cheese; muenster and munster cheese; muenster and munster cheese for manufacturing; neufchatel cheese; nuworld cheese; parmesan and reggiano cheese; pasteurized blended cheese; pasteurized blended cheese with fruits, vegetables, or meats; pasteurized process cheese; pasteurized process cheese with fruits, vegtables or meat; pasteurized process pimento cheese; pasterurized process cheese food; pasteurized process cheese food with fruits, vegetables or meats; pasteurized cheese spread; pasteurized cheese spread with fruits, vegetables, or meats; pasteurized neufchatel cheese spread with other foods; pasteurized process cheese spread; pasteurized process cheese spread with fruits, vegetables, or meats; provolone cheese; soft ripened cheeses; romano cheese; roguefort cheese, sheep's milk, blue-mold and blue-mold cheese from sheep's milk; samsoe cheese; sap sago cheese; semisoft cheeses; semisoft part-skim cheeses; skim milk cheese for manufacturing; spiced cheeses; part-skim spiced cheeses; spiced, flavored, standardized cheeses; Swiss and emmentaler cheese; and Swiss cheese for manufacturing as set forth in sections 133.102, 133.103, 133.104, 133.106, 133.108, 133.109, 133.111, 133.113, 133.114, 133.116, 133.118, 133.119, 133.121, 133.123, 133.124, 133.125, 133.127, 133.128, 133.129, 133.131, 133.133, 133.134, 133.136, 133.137, 133.138, 133.140, 133.141, 133.142, 133.144, 133.145, 133.146, 133.147, 133.148, 133.149, 133.150, 133.152, 133.153, 133.154, 133.155, 133.156, 133.157, 133.158, 133.160, 133.161, 133.162, 133.164, 133.165, 133.167, 133.168, 133.169, 133.170, 133.171, 133.173, 133.174, 133.175, 133.176, 133.178, 133.179, 133.180, 133.181, 133.182, 133.183, 133.184, 133.185, 133.186, 133.187, 133.188, 133.189, 133.190, 133.191, 133.193, 133.195, and 133.196 respectively, of 21 CFR (revised as of April 1, 2010), are adopted and incorporated by reference herein. Copies of 21 CFR are available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235.

1 CRR-NY 17.19 Additional standards of identity for frozen desserts {#sec-1-crr-ny-17.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.19}

The standards of identity for ice cream and frozen custard, goat's milk ice cream, ice milk, goat's milk ice milk, mellorine, sherbet, and water ices as set forth in sections 135.110, 135.115, 135.120, 135.125, 135.130, 135.140 and 135.160, respectively, of title 21 of the Code of Federal Regulations (revised as of April 1, 2010) are adopted and incorporated by reference herein. A copy 21 CFR is available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235.

1 CRR-NY 17.20 Requirements applicable to the labeling of milk, milk products and frozen desserts {#sec-1-crr-ny-17.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.20}

(a) Definitions.

For the purpose of this section:

(1) Milk and milk products mean the milk and milk products defined in this Part as well as a milk or milk product which does not meet a definition set forth in this Part but which is commonly and usually characterized as a milk or milk product.

(2) Frozen desserts mean the frozen desserts defined in this Part as well as any frozen dessert which meets the definition of frozen dessert set forth in section 71-a(2) of the Agriculture and Markets Law.

(b) Each package containing milk, a milk product or a frozen dessert shall be labeled in accordance and in compliance with the applicable provisions of sections 101.1, 101.2, 101.3, 101.4, 101.5, 101.8, 101.9, 101.12, 101.13, 1010.14, 101.15, 101.17, 101.18, 101.22, 101.25, 101.71, 101.72, 101.73, 101.74, 101.75, 101.76, 101.77, 101.78, 101.100, 101.105, 105.62, 105.66, 105.67, 105.69, 130.3, 130.8, 130.10 and 130.11 of title 21 of the Code of Federal Regulations (revised as of April 1, 2010), a copy of which is available for public inspection at the Division of Milk Control, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, notwithstanding any provision of this Part to the contrary.

(c) Each milk, milk products or frozen dessert not in package form shall comply with section 101.9(a) of 21 CFR and with the applicable provisions of the sections of 21 CFR cited in subdivision (b) of this section, notwithstanding any provision of this Part to the contrary.

1 CRR-NY 17.21 [Repealed] {#sec-1-crr-ny-17.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.21}

1 CRR-NY 17.22 to 17.42 to 17.42 [Repealed] {#sec-1-crr-ny-17.22-to-17.42 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.22 to 17.42}

1 CRR-NY 17.43 [Renumbered] {#sec-1-crr-ny-17.43 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.43}

1 CRR-NY 17.44 [Renumbered] {#sec-1-crr-ny-17.44 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.44}

1 CRR-NY 17.45 to 17.105 to 17.105 [Repealed] {#sec-1-crr-ny-17.45-to-17.105 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.45 to 17.105}

1 CRR-NY 17.106 to 17.111 to 17.111 [Repealed] {#sec-1-crr-ny-17.106-to-17.111 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.106 to 17.111}

1 CRR-NY 17.112 [Renumbered] {#sec-1-crr-ny-17.112 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.112}

1 CRR-NY 17.114 [Renumbered] {#sec-1-crr-ny-17.114 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.114}

1 CRR-NY 17.115 [Repealed] {#sec-1-crr-ny-17.115 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.115}

1 CRR-NY 17.116 [Renumbered] {#sec-1-crr-ny-17.116 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.116}

1 CRR-NY 17.117 [Repealed] {#sec-1-crr-ny-17.117 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.117}

1 CRR-NY 17.118 to 17.122 to 17.122 [Repealed] {#sec-1-crr-ny-17.118-to-17.122 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 17.118 to 17.122}

Part 18 LABELING AND SERVING OF IMITATION CHEESE AND IMITATION CHEESE FOOD

1 CRR-NY 18.1 Definitions {#sec-1-crr-ny-18.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 18.1}

As used in this Part, unless the context otherwise requires, the following terms shall have the following meanings:

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

(b) Brand name means the particular word or phrase utilized by a person who sells or offers for sale a food product, which word or phrase identifies or promotes said food product, and which distinguishes said food product from the same or a similar food product sold or offered for sale by another person.

(c) Imitation cheese means a food which is similar in texture, color, flavor, taste and appearance to a cheese, or a variety thereof, which is identified, described or defined in Part 17 of this Title, but does not meet a description, identity or definition for cheese as set forth therein.

(d) Imitation cheese food means any food which is similar in texture, color, flavor, taste and appearance to the food defined in sections 17.91, 17.92, 17.100, 17.101 or 17.102 of Part 17 of this Title, but does not meet the definition set forth in the appropriate section.

(e) Label means any portion of a package or any material affixed thereto which sets forth the brand name or product designation of the food.

(f) Menu means any written material which sets forth the food product sold or offered for sale.

(g) Package means the exterior of the container which holds the imitation cheese or the imitation cheese food, or which holds the food which contains imitation cheese or imitation cheese food.

(h) Person means any person, firm, corporation, copartnership, associated cooperative corporation and unincorporated association.

(i) Product designation means the name commonly associated with the food product which has such appearance, color, consistency, ingredients (and arrangement and mixture thereof), taste and texture.

(j) Service food establishment means a place where food is prepared and intended for individual portion service and includes the site at which the individual portions are provided, whether consumption occurs on the premises or off the premises after carryout by the consumer. For the purposes of this Part, the term service food establishment includes, but is not limited to, restaurants, soda fountains, taverns, bars, pizzerias and any food service section in any retail food store, drug store or general merchandise store.

1 CRR-NY 18.2 Labeling of cheese and imitation cheese food, and of products containing imitation cheese and imitation cheese food {#sec-1-crr-ny-18.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 18.2}

(a) No person shall sell or offer for sale imitation cheese or imitation cheese food in a package upon which the brand name or product designation of the imitation cheese or imitation cheese food appears, unless the following information is set forth upon said package in the manner forth below:

(1) Immediately preceding the brand name or product designation, whichever is larger, without intervening printed or graphic material, and on the same side or panel of the package of such food upon which the brand name or product designation appears, the words “imitation __cheese” or “imitation __ cheese food” (the blanks to be filled in with the variety of the cheese imitated).

(2) The words which are required to appear, pursuant to paragraph (1) of this subdivision, shall be prominently displayed, in letters of equal size, the same color and design, and against the same contrasting background, as the words used to indicate the brand name or product designation, whichever is larger.

(b) No person shall sell or offer for sale any product which contains imitation cheese or imitation cheese food, unless the label of the package which contains said product sets forth the following information in the manner set forth below:

(1) Immediately preceding or following the product designation without intervening printed or graphic material, and on the same side or panel of the package upon which the product designation appears, the words “contains imitation cheese” or “contains imitation cheese food”, as appropriate.

(2) The words which are required to appear, pursuant to paragraph (1) of this subdivision, shall be prominently displayed in letters of at least equal size, the same color and design, and against the same contrasting background as the product designation of the product which contains imitation cheese or imitation cheese food.

1 CRR-NY 18.3 Notification of use of imitation cheese or of imitation cheese food in service food establishments {#sec-1-crr-ny-18.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 18.3}

(a) No person shall sell or offer for sale any product containing imitation cheese or imitation cheese food in a service food establishment, unless the menu displayed or made available therein sets forth, after the product designation or brand name, whichever is larger, of any food which contains imitation cheese or imitation cheese food, the words “contains imitation cheese” or “contains imitation cheese food”, as appropriate. Said words shall (1) follow, without interruption, the product designation or brand name, as appropriate, and shall be in letters of equal size, displayed against the same contrasting background; and (2) be in letters of the same color, design and style as those in product designation or brand name, and be as easily readable as the product designation and brand name.

(b) No person shall sell or offer for sale any product containing imitation cheese or imitation cheese food in a service food establishment, unless a sign which meets the following requirements is conspicuously posted therein.

(1) The sign shall set forth the product designation or brand name of every food sold or offered for sale therein which contains imitation cheese or imitation cheese food, immediately followed by the words “contains imitation cheese” or “contains imitation cheese food”, as appropriate.

(2) The words “contains imitation cheese” and “contains imitation cheese food” shall be set forth on said sign in the same manner as the product designation or brand name and shall be against the same contrasting background. The letters of said words shall be the same height as the height of the letters in the product designation or brand name, or three inches high, whichever is larger, and of the same color, design and style thereof, and shall be easily readable as the product designation and brand name.

(3) The sign shall be plainly visible from each and every location at which a customer may place an order for food for carryout or for on-premises consumption.

Subchapter B MILK CONTROL ORDERS

Part 19 GENERAL PROVISIONS RELATING TO THE NEW YORK - NEW JERSEY MILK MARKETING AREA

1 CRR-NY 19.1 Scope and purpose {#sec-1-crr-ny-19.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 19.1}

This Part sets forth certain terms, definitions, and provisions which shall be applicable to and part of Official Order No. 126 (1 NYCRR Part 20), except as specifically defined otherwise, or modified, or otherwise provided in such order.

1 CRR-NY 19.2 Definitions {#sec-1-crr-ny-19.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 19.2}

The following terms shall have the following meanings as used in Official Order No. 126 (1 NYCRR Part 20).

(a) Statute means the Agriculture and Markets Law, as amended.

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

(c) Order means Official Order No. 126 (1 NYCRR Part 20), issued pursuant to section 258-n of the statute.

(d) Act and Secretary.

(1) Act means Public Act No. 10, 73rd Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.).

(2) Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the United States Department of Agriculture to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(e) Person means any individual, partnership, corporation, association or other business unit.

1 CRR-NY 19.3 Market administrator {#sec-1-crr-ny-19.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 19.3}

(a) Designation.

The agency for the administration of the order shall be a market administrator selected by the commissioner and subject to removal at the commissioner's discretion. The market administrator shall be entitled to compensation determined by the commissioner.

(b) Powers.

The market administrator shall have the following powers with respect to the order:

(1) administer the order in accordance with its terms and provisions;

(2) make rules and regulations to effectuate the terms and provisions of the order;

(3) receive, investigate, and report complaints of violations to the commissioner; and

(4) recommend amendments to the commissioner.

(c) Duties.

The market administrator shall perform all the duties necessary to administer the terms and provisions of the order, including but not limited to the following:

(1) employ and fix the compensation of persons necessary to enable him to exercise his powers and perform his duties;

(2) pay out of funds provided by the administrative assessment, except expenses associated with functions for which the order provides a separate charge, all expenses necessarily incurred in the maintenance and functioning of his office and in the performance of his duties, including his own compensation;

(3) keep records which will clearly reflect the transactions provided for in the order and, upon request by the commissioner, surrender the records to his successor or such other person as the commissioner may designate;

(4) furnish information and reports requested by the commissioner and submit his records to examination by the commissioner;

(5) announce publicly at his discretion, unless otherwise directed by the commissioner, by such means as he deems appropriate, the name of any handler who, after the date upon which he is required to perform such act, has not:

(i) made reports required by the order;

(ii) made payments required by the order; or

(iii) made available records and facilities as required pursuant to section 19.5 of this Part;

(6) prescribe reports required of each handler under the order. Verify such reports and the payments required by the order of examining records (including such papers as copies of income tax reports, fiscal and product accounts, correspondence, contracts, documents or memoranda of the handler, and the records of any other persons that are relevant to the handler's obligation under the order), by examining such handler's milk handling facilities; and by such other investigation as the market administrator deems necessary for the purpose of ascertaining the correctness of any report or any obligation under the order; reclassify skim milk and butterfat received by any handler if such examination and investigation discloses that the original classification was incorrect;

(7) furnish each regulated handler a written statement of such handler's accounts with the market administrator promptly each month; furnish a corrected statement to such handler if verification discloses that the original statement was incorrect; and

(8) prepare and disseminate publicly, for the benefit of producers, handlers and consumers, such statistics and other information concerning operation of the order and facts relevant to the provisions thereof (or proposed provisions) as do not reveal confidential information.

1 CRR-NY 19.4 Continuity and separability of provisions {#sec-1-crr-ny-19.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 19.4}

(a) Effective time.

The provisions of the order or any amendment to the order shall become effective at such time as the commissioner may declare and shall continue in force until suspended or terminated.

(b) Suspension or termination.

The commissioner shall suspend or terminate any or all of the provisions of the order whenever he finds that such provision(s) obstructs or does not tend to effectuate the declared policy of the statute. The order shall terminate whenever the provisions of the statute authorizing it cease to be in effect.

(c) Continuing obligations.

If, upon the suspension or termination of any or all of the provisions of the order, there are any obligations arising under the order, the final accrual or ascertainment of which requires acts by any handler, by the market administrator or by any other person, the power and duty to perform such further acts shall continue notwithstanding such suspension or termination.

(d) Liquidation.

(1) Upon the suspension or termination of any or all provisions of the order, the market administrator, or such other liquidating agent designated by the commissioner, shall, if so directed the commissioner, liquidate the business of the market administrator's office, dispose of all property in his possession or control, including accounts receivable, and execute and deliver all assignments or other instruments necessary or appropriate to effectuate any such disposition.

(2) If a liquidating agent is so designated, all assets and records of the market administrator shall be transferred promptly to such liquidating agent. If, upon such liquidation, the funds on hand exceed the amounts required to pay outstanding obligations of the office of the market administrator and to pay necessary expenses of liquidation and distribution, such excess shall be distributed to contributing handlers and producers in an equitable manner.

(e) Separability of provisions.

If any provision of the order or its application to any person or circumstance is held invalid, the application of such provision and of the remaining provisions of the order to other persons or circumstances shall not be affected hereby.

1 CRR-NY 19.5 Handler responsibility for records and facilities {#sec-1-crr-ny-19.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 19.5}

(a) Each handler shall maintain and retain records of his operations and make such records and his facilities available to the market administrator. If adequate records of a handler, or of any other persons, that are relevant to the obligation of such handler, are not maintained and made available, any skim milk and butterfat required to be reported by such handler, for which adequate records are not available, shall not be considered accounted for or established as used in class other than the highest priced class.

(b) Records to be maintained.

(1) Each handler shall maintain records of his operations (including but not limited to records of purchases, sales, processing, packaging, and disposition) as are necessary to verify whether such handler has any obligation under the order, and, if so, the amount of such obligation. Such records shall be such as to establish for each plant or other receiving point for each month:

(i) the quantities of skim milk and butterfat contained in, or represented by, products received in any form, including inventories on hand at the beginning of the month, according to form, time, and source of each receipt;

(ii) the utilization of all skim milk and butterfat showing the respective quantities of such skim milk and butterfat in each form disposed of or on hand at the end of the month; and

(iii) payments to producers, dairy farmers and cooperative associations, including the amount and nature of any deductions and the disbursement of money so deducted.

(2) Each handler shall keep such other specific records as the market administrator deems necessary to verify or establish such handler's obligation under the order.

(c) Availability of records and facilities.

Each handler shall make available all records pertaining to such handler's operations, and all facilities the market administrator finds are necessary for such market administrator to verify the information required to be reported by the order and/or to ascertain such handler's reporting, monetary, or other obligation under the order. Each handler shall permit the market administrator to weigh, sample and test milk and milk products and observe plant operations and equipment and make available to the market administrator such facilities as are necessary to carry out his duties.

(d) Retention of records.

All records required under the order to be made available to the market administrator shall be retained by the handler for a period of three years, to begin at the end of the month to which such records pertain. If, within such three-year period, the market administrator notifies the handler in writing that the retention of such records, or of specified records, is necessary in connection with a proceeding under section 8-c (15)(A) of the act or a court action specified in such notice, the handler shall retain such records, or specified records, until further written notification from the market administrator. The market administrator shall give further written notification to the handler promptly upon the termination of the litigation or when the records are no longer necessary in connection therewith.

1 CRR-NY 19.6 Termination of obligations {#sec-1-crr-ny-19.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 19.6}

The provisions of this section shall apply to any obligation under the order for the payment of money:

(a) Except as provided in subdivisions (b) and (c) of this section, the obligation of any handler to pay money required to be paid under the terms of the order shall terminate two years after the last day of the month during which the market administrator receives the handler's report of receipts and utilization on which such obligation is based, unless, within such two-year period, the market administrator notifies the handler in writing that such money is due and payable. Service of such written notice shall be complete upon mailing to the handler's last known address and it shall contain but need not be limited to the following information:

(1) The amount of the obligation;

(2) The month(s) on which such obligation is based; and

(3) If the obligation is payable to one or more producers or to a cooperative association (except an obligation to be prorated to producers under an individual handler pool), the name of such producer(s) or such cooperative association, or if the obligation is payable to the market administrator, the account for which it is to be paid.

(b) If a handler fails or refuses, with respect to any obligation under the order, to make available to the market administrator all records required by the order to be made available, the market administrator may notify the handler in writing, within the two-year period provided for in subdivision (a) of this section, of such failure or refusal. If the market administrator so notifies a handler, the said two-year period with respect to such obligation shall not begin to run until the first day of the month following the month during which all such records pertaining to such obligation are made available to the market administrator;

(c) Notwithstanding the provisions of subdivisions (a) and (b) of this section, a handler's obligation under the order to pay money shall not be terminated with respect to any transaction involving fraud or willful concealment of a fact, material to the obligation, on the part of the handler against whom the obligation is sought to be imposed; and

(d) Unless the handler files a petition pursuant to section 8c (15)(A) of the Act and the applicable rules and regulations thereto within the applicable two-year period indicated below, the obligation of the market administrator:

(1) To pay a handler any money which such handler claims to be due him under the terms of the order shall terminate two years after the end of the month during which the skim milk and butterfat involved in the claim were received; or

(2) To refund any payment made by a handler (including a deduction or offset by the market administrator) shall terminate two years after the end of the month during which payment was made by the handler.

Part 20 NEW YORK/NEW JERSEY MILK MARKETING AREA (REVISED OFFICIAL ORDER NO. 126)

GENERAL PROVISIONS AND DEFINITIONS GENERAL PROVISIONS AND DEFINITIONS

1 CRR-NY 20.1 General provisions {#sec-1-crr-ny-20.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.1}

The terms, definitions and provisions in Part 19 of this Title are hereby incorporated by reference and made a part of this Part.

1 CRR-NY 20.2 [Repealed] {#sec-1-crr-ny-20.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.2}

1 CRR-NY 20.3 Marketing area {#sec-1-crr-ny-20.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.3}

New York - New Jersey milk marketing area (hereinafter called the “marketing area”) means all of the territory within the boundaries of the City of New York, and the counties and parts of counties set forth in this section together with all piers, docks and wharves connected therewith, and all craft moored thereat, and including territory within such boundaries which is occupied by government (municipal, State, Federal or international) reservations, installations, institutions or other establishments.

(a) The following counties and parts of counties in the State of New York: Albany; Broome; Cayuga (except the townships of Sterling, Victory, Conquest and Montezuma); Chemung; Chenango; Columbia; Cortland; Delaware; Dutchess; Essex (Schroon, Ticonderoga, Crown Point and Moriah townships only); Fulton (except the township of Stratford); Greene; Herkimer (except the townships of Webb, Ohio and Salisbury); Madison; Montgomery; Nassau; Oneida (except the townships of Ava, Boonville, Forestport and Florence); Onondaga; Orange; Oswego (except the townships of Redfield and Boylston); Otsego; Putnam; Rensselaer; Rockland; Saratoga (except the townships of Day, Edinburg and Providence); Schenectady; Schoharie; Schuyler; Steuben (Addison, Corning and Erwin townships only); Suffolk (except Fisher's Island); Sullivan; Tioga; Tompkins; Ulster; Warren (except the townships of Johnsburg, Thurman and Stony Creek); Washington; Westchester; and Yates (except the townships of Italy, Middlesex and Potter); and in the State of New Jersey: Bergen; Essex; Hudson; Hunterdon; Middlesex; Monmouth; Morris; Ocean (except the boroughs of Barnegat Light, Beach Haven, Harvey Cedars, Ship Bottom, Surf City, Tuckerton, and the townships of Eagleswood, Lacey, Little Egg Harbor, Long Beach, Ocean, Stafford and Union); Passaic; Somerset; Sussex; Union and Warren.

1 CRR-NY 20.4 [Repealed] {#sec-1-crr-ny-20.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.4}

1 CRR-NY 20.5 Dairy farmer {#sec-1-crr-ny-20.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.5}

Dairy farmer means any person who produces milk.

1 CRR-NY 20.6 Producer {#sec-1-crr-ny-20.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.6}

Producer means any dairy farmer who produces milk approved by a duly constituted regulatory agency for fluid consumption and who delivers pool milk as specified in section 20.14 of this Part to a pool plant, a pool unit, a plant specified in section 20.28(f)(2) which is partial pool plant, or a partial pool unit whose pool designation was canceled for failure to meet the requirements specified in section 20.26(a), except that it shall not include any such dairy farmer delivering to such partial pool plant or partial pool unit unless at least 50 percent of such dairy farmer's milk delivered to such plant or unit is pool milk pursuant to section 20.14 of this Part. Each dairy farmer delivering milk to a partial pool plant or a partial pool unit shall be considered to have delivered pool milk for such dairy farmer's proportionate share of total milk delivered by dairy farmers to such plant or unit.

1 CRR-NY 20.7 Handler {#sec-1-crr-ny-20.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.7}

Handler means:

(a) any person who engages in the handling of skim milk or butterfat, which was received at a pool plant, a partial pool plant, a pool unit or a partial pool unit or at a plant approved by any health authority as a source of skim milk or butterfat for disposition as fluid milk products in the marketing area;

(b) any person who engages in the handling of fluid milk products, all or a portion of which is shipped to, or received in, the marketing area; or

(c) any cooperative association with respect to milk which it causes to be delivered from producers to any other handler for the account of such association and for which such association receives payment.

1 CRR-NY 20.8 Plant {#sec-1-crr-ny-20.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.8}

(a) Plant means the land, buildings, surroundings, facilities, and equipment, whether owned or operated by one or more persons, constituting a single operating unit or establishment for the receiving, handling, or processing of milk or milk products as determined by the market administrator.

(b) Pool plant means any plant which is designated as a pool plant pursuant to sections 20.24 to 20.28 of this Part and any plant, except another order plant, which receives no milk from dairy farmers or units and from which 50 percent or more of the gross receipts of skim milk and butterfat in the form of fluid milk products is disposed of in consumer packages or dispenser inserts in the marketing area by direct distribution or is moved either in packaged form or bulk to other plants in the marketing area.

(c) Partial pool plant means a plant which is so designated pursuant to section 20.29 of this Part.

(d) Other order plant means a plant which is fully subject to the pricing and payment provisions of another order.

1 CRR-NY 20.9 Unit {#sec-1-crr-ny-20.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.9}

(a) Pool unit means a bulk tank unit established pursuant to section 20.25 of this Part and which meets the requirements of a pool unit pursuant to such section.

(b) Partial pool unit means a bulk tank unit so designated pursuant to section 20.25 (k) of this Part.

1 CRR-NY 20.10 Farm {#sec-1-crr-ny-20.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.10}

Farm means the production facilities and resources supplying milk to a milk house of a dairy farmer. The location of the farm shall be deemed to be the same as the location of the milk house, and in the event of a change in the location of the dairy farmer's milk house, any question as to whether milk received from the new milk house is from the same or a different farm shall be determined by the market administrator.

1 CRR-NY 20.11 Own farm milk {#sec-1-crr-ny-20.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.11}

(a) Own farm milk means milk received at a plant from a farm operated by the person who is the operator of such plant.

(b) The market administrator shall publicly announce the name of any handler operating a pool plant receiving own farm milk and the location of the plant operated by such handler. This public announcement shall not include the name of:

(1) any person meeting the definition of producer-handler as set forth in section 20.12 of this Part;

(2) any person receiving no milk from other dairy farmers and selling no more than 100 quarts per day of Class I-A milk to persons in the marketing area other than to other plants; or

(3) a charitable, religious, educational, or governmental institution which is not engaged in the practice of receiving bulk milk from other sources for processing or packaging and is not engaged in the practice of selling packaged milk to persons not associated with such institution.

1 CRR-NY 20.12 Producer-handler {#sec-1-crr-ny-20.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.12}

Producer-handler means a handler who, following the filing of an application pursuant to subdivision (a) of this section has been so designated by the market administrator upon determination that the requirements of subdivision (b) of this section have been met. Such designation shall be effective on the first of the month after receipt by the market administrator of an application containing complete information on the basis of which the market administrator determines that the requirements of subdivision (b) are being met. The effective date of designation shall be governed by the date of filing new applications in instances where applications previously filed have been denied. All designations shall remain in effect until cancelled pursuant to subdivision (c) of this section.

(a) Application.

Any handler claiming to meet the requirements of subdivision (b) of this section may file with the market administrator, on forms prescribed by the market administrator, an application for designation as a producer-handler. The application shall contain the following information:

(1) A listing and description of all resources and facilities used for the production of milk which are owned or directly or indirectly operated or controlled by the applicant.

(2) A listing and discription of all resources and facilities used for the processing or distribution of milk or milk products which are owned, or directly or indirectly operated or controlled by the applicant.

(3) A description of any other resources and facilities used in the production, handling, or processing of milk or milk products in which the applicant in any way has an interest, including any contractual arrangement, and the names of any other persons having or exercising any degree of ownership, management, or control in, or with whom there exists any contractual arrangement with respect to, the applicant's operation either in his capacity as a handler or in his capacity as a dairy farmer.

(4) A listing and description of the resources and facilities used in the production, processing, and distribution of milk or milk products which the applicant desires to be determined as his milk production, processing, and distribution unit in connection with his designation as a producer-handler: provided, that all milk production resources and facilities owned, operated, or controlled by he applicant either directly or indirectly shall be considered as constituting a part of the applicant's milk production unit in the absence of proof satisfactory to the market administrator that some portion of such facilities or resources do not constitute an actual or potential source of milk supply for the applicant's operation as a producer-handler.

(5) Such other information as may be required by the market administrator.

(b) Requirements.

(1) The handler has and exercises (in his capacity as a handler) complete and exclusive control over the operation and management of a plant at which he handles milk received from production facilities and resources (milking herd, buildings housing such herd, and the land on which such buildings are located) the operation and management of which also are under the complete and exclusive control of the handler (in his capacity as a dairy farmer), all of which facilities and resources for the production, processing, and distribution of milk and milk products constitute an integrated operation over which the handler (in his capacity as a producer-handler) has and exercises complete and exclusive control.

(2) The handler, in his capacity as a handler, handles no fluid milk products other than those derived from the milk production facilities and resources designated as constituting the applicant's operation as a producer-handler.

(3) The handler is not, either directly or indirectly, associated with control or management of the operation of another plant or another handler, nor is another handler so associated with his operation.

(4) The handler sells more than an average of 100 quarts per day of Class I-A milk to persons in the marketing area other than to other plants.

(5) In case the plant of the applicant was operated by a handler whose designation as a producer-handler previously had been cancelled pursuant to subdivision (c) of this section, the quantity of fluid milk products handled during the 12 months preceding the application which was derived from sources other than the designated milk production facilities and resources constituting the applicant's operation as a producer-handler is less than the volume set forth for cancellation pursuant to paragraphs (3) or (4) of subdivision (c) of this section.

(c) Cancellation.

The designation as a producer-handler shall be cancelled under conditions set forth in paragraphs (1) and (2) of this subdivision or, except as specified in paragraphs (3) and (4) of this subdivision, upon determination by the market administrator that any of the requirements of subdivision (b) of this section are not continuing to be met, such cancellation to be effective on the first day of the month following the month in which the requirements were not met.

(1) Milk from the designated production facilities and resources of the producer-handler is delivered in the name of another person as pool milk to another handler or except in the months of June through November with prior notice to the market administrator, a dairy herd, cattle barn, or milking parlor is transferred to another person who uses such facilities or resources for producing milk which is delivered as pool milk to another handler. This provision, however, shall not be deemed to preclude the occasional sale of individual cows from the herd.

(2) A dairy herd, cattle barn, or milking parlor, previously used for the production of milk delivered as pool milk to another handler, is added to the designated milk production facilities and resources of the producer-handler, except in the months of December through May, with prior notice to the market administrator, or if such facilities and resources were a part of the designated production facilities and resources during any of the preceding 12 months. This provision, however, shall not be deemed to preclude the occasional purchase of individual cows for the herd.

(3) If the producer-handler handles an average of more than 150 product pounds per day of fluid milk products which are derived from sources other than the designated milk production facilities and resources, the cancellation of designation shall be effective the first of the month in which he handled such fluid milk products.

(4) If the producer-handler handles fluid milk products derived from sources other than the designated milk production facilities and resources in a volume less than specified in paragraph (3) of this subdivision, the designation shall be cancelled effective on the first of the month following the third month in any six-month period in which the producer-handler handled such fluid milk products: provided, that the receipt of up to an average of 10 pounds per day of packaged fluid milk products in the form of fluid skim milk, or of any volume of other packaged fluid milk products (except milk) from pool plants, shall not be counted for purposes of this paragraph.

(d) Public announcement.

The market administrator shall publicly announce the name, plant, and farm location of persons designated as producer-handlers, and those whose designations have been canceled. Such announcements shall be controlling with respect to the accounting at plants of other handlers for fluid milk products received from such producer-handler on and after the first of the month following the date of such announcement.

(e) Burden of establishing and maintaining producer-handler status.

The burden rests upon the handler who is designated as a producer-handler (and upon the applicant for such designation) to establish through records required pursuant to section 19.5 that the requirements set forth in subdivision (b) of this section have been and are continuing to be met and that the conditions set forth in subdivision (c) of this section for cancelation of designation do not exist.

1 CRR-NY 20.13 Other order {#sec-1-crr-ny-20.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.13}

Other order means an order issued by the secretary pursuant to the Act, which order regulates the handling of milk in a marketing area other than that defined in this Part.

1 CRR-NY 20.14 Pool milk {#sec-1-crr-ny-20.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.14}

Pool milk means all skim milk and butterfat contained in milk except as set forth in subdivisions (a) through (k) of this section which is pumped at the farm into a tank mounted on a truck or trailer for a handler who has included such milk in a pool unit, or a partial pool unit or which is delivered direct from a farm to a pool plant or a partial pool plant but in not put into a tank truck prior to such delivery. This definition shall include any milk so delivered by a person defined in section 20.11(b)(2) of this Part, by an institution defined in section 20.11(b)(3), or by a producer-handler designated pursuant to section 20.12 which milk is produced in accordance with methods and standards of the American Association of Medical Milk Commissions for the production of certified milk and which is delivered in bulk to another handler but for marketing as other than certified milk.

(a) Milk first received at a pool plant which otherwise would be considered producer milk under another order if all of such milk is assigned to Class II or Class III pursuant to section 20.45(a)(8) of this Part and the corresponding step of section 20.45(b).

(b) Milk not approved by a duly constituted regulatory agency for fluid consumption.

(c) Milk delivered by a pool unit direct to a plant other than a pool plant or a partial pool plant if such milk is pooled as producer milk under another order.

(d) Milk which is pumped into a tank truck at the farm for delivery to a handler during any of the months of December through June if any milk from such farm was delivered to such handler as producer milk under another order during any of the preceding months of July through November unless such farm becomes part of a partial pool unit.

(e) Milk delivered to a partial pool plant set forth in section 20.29(a) of this Part and milk of a partial pool unit pursuant to section 20.25(k)(1) in excess of the quantity of such milk classified as Class I-A and Class I-B.

(f) Milk delivered to a partial pool plant set forth in section 20.29(b) of this Part and milk of a partial pool unit pursuant to section 20.25(k)(2) in excess of the quantity of such milk classified as Class I-A in the marketing area or at a pool plant except that if milk is shipped from a partial pool plant in the 401 miles and over freight zone to a plant from which 50 percent or more of the gross receipts of skim milk and butterfat in the form of fluid milk products is disposed of in consumer packages and dispenser inserts in the marketing area either by direct distribution or to other plants, all of the milk so shipped shall be considered to be pool milk except as set forth in subdivision (g) of this section.

(g) Milk delivered to a partial pool plant or a partial pool unit if in either case there is a monetary obligation on such milk under another order.

(h) Milk received from farms in Nassau and Suffolk Counties in New York, which farms are not approved for sale of milk in New York City, and milk received from farms in New York City.

(i) Own farm milk of a handler listed pursuant to section 20.11(b) of this Part not in excess of an average of 800 pounds per day if the handler is not a producer-handler designated pursuant to section 20.12, and if the volume of skim milk and butterfat in milk handled, other than that derived from own farm milk, does not exceed an average of 1,600 pounds per day.

(j) Own farm milk of an institution as defined pursuant to section 20.11(b)(3) of this Part if such milk is not delivered to a pool plant, a partial pool plant, a pool unit or a partial pool unit.

(k) All skim milk and butterfat handied by:

(1) a producer-handler designated pursuant to section 20.12 of this Part which is derived from such producer-handler's production resources and facilities except as provided in the preamble of this section; or

(2) a producer-handler pursuant to another order.

1 CRR-NY 20.15 Fluid milk product {#sec-1-crr-ny-20.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.15}

(a) Except as provided in subdivision (b) of this section fluid milk product means any milk products in fluid or frozen form containing less than 9 percent butterfat, that are in bulk or are packaged, distributed and intended to be used as beverages. Such products include, but are not limited to: Milk, skim milk, lowfat milk, milk drinks, buttermilk and filled milk, including any such beverage products that are flavored, cultured, modified with added nonfat milk solids, sterilized, concentrated (to not more than 50 percent total milk solids), or reconstituted.

(b) The term fluid milk product shall not include:

(1) Plain or sweetened evaporated milk, plain or sweetened evaporated skim milk, sweetened condensed milk or skim milk, formulas especially prepared for infant feeding or dietary use that are packaged in hermetically sealed containers, any product that contains by weight less than 6.5 percent nonfat milk solids, and whey; and

(2) The quantity of skim milk in any modified product specified in subdivision (a) of this section that is in excess of the quantity of skim milk in an equal volume of an unmodified product of the same nature and butterfat content.

1 CRR-NY 20.16 Other source milk {#sec-1-crr-ny-20.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.16}

Other source milk means all skim milk and butterfat contained in or represented by:

(a) receipts in the form of fluid milk products from any source other than receipts of pool milk from dairy farmers, receipts from other pool plants and pool units, and receipts of pool milk from partial pool plants and partial pool units;

(b) receipts in a form other than as a fluid milk product (including those produced at the plant during a prior month) which are reprocessed, converted into, or combined with another product during the month; and

(c) receipts in a form other than a fluid milk product for which the handler fails to establish a disposition.

1 CRR-NY 20.17 Filled milk {#sec-1-crr-ny-20.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.17}

Filled milk means any combination of nonmilk fat (or oil) with skim milk (whether fresh, cultured, reconstituted or modified by the addition of nonfat milk solids), with or without milkfat, so that the product (including stabilizers, emulsifiers or flavoring) resembles milk or any other fluid milk product; and contains less than 6 percent nonmilk fat (or oil).

1 CRR-NY 20.18 Fluid cream product {#sec-1-crr-ny-20.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.18}

Fluid cream product means cream (other than plastic cream or frozen cream), including sterilized cream, or a mixture of cream and milk or skim milk containing 9 percent or more butterfat, with or without the addition of other ingredients.

1 CRR-NY 20.19 Product prices {#sec-1-crr-ny-20.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.19}

The prices specified in this section as computed and published by the Director of the Dairy Division, Agricultural Marketing Service, shall be used in calculating the basic Class II formula price pursuant to section 20.51(b) of this Part, and the term workday as used herein shall mean each Monday through Friday that is not a national holiday.

(a) Butter price means the simple average of the prices per pound of approved (92-score) butter on the Chicago Mercantile Exchange for the workdays during the first 15 days of the month, using the price reported each week as the price for the day of the report, and for each succeeding workday until the next price is reported.

(b) Cheddar cheese price means the simple average for the workdays during the first 15 days of the month, of the prices per pound of cheddar cheese in 40-pound blocks in the National Cheese Exchange (Green Bay, WI). The price reported for each week shall be used as the price for the day on which reported, and for each succeeding workday until the next price is reported.

(c) Nonfat dry milk price means the simple average of the prices per pound of nonfat dry milk for the workdays during the first 15 days of the month computed as follows:

(1) use the prices (using the midpoint of any price range as one price) reported each week for high heat, low heat and approved nonfat dry milk, respectively, for the Central States production area;

(2) compute a simple average of the weekly prices for the three types of nonfat dry milk in paragraph (1) of this subdivision. Such average shall be the daily price for the day on which the prices were reported and for each preceding workday until the day such prices were previously reported; and

(3) add the prices determined in paragraph (2) of this subdivision for the workdays during the first 15 days of the month and compute the simple average thereof.

(d) Edible whey price means the simple average of the prices per pound of edible whey powder for the Central States production area for the workdays during the first 15 days of the month. The prices used shall be the price (using the midpoint of any price range as one price) reported each week as the daily price for the day on which reported, and for each preceding workday until the day such price was previously reported.

MARKET ADMINISTRATOR MARKET ADMINISTRATOR

1 CRR-NY 20.20 Commercial food processing establishment {#sec-1-crr-ny-20.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.20}

Commercial food processing establishment means any facility other than a milk or filled milk plant, to which bulk fluid milk products and bulk fluid cream products are disposed of that uses such receipts as ingredients in food products and has no disposition of fluid milk products or fluid cream products other than those received in consumer-type packages.

1 CRR-NY 20.21 [Repealed] {#sec-1-crr-ny-20.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.21}

1 CRR-NY 20.22 Additional duties of the market administrator {#sec-1-crr-ny-20.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.22}

In addition to the duties specified in section 19.3(c) of this Title, the market administrator shall perform the following duties:

(a) maintain a main office and such branch offices as may be necessary;

(b) promptly notify a handler, upon receipt of the handler's written request therefor, of the market administrator's determination: as to whether one or more plants exist at a specified location, as to whether any specified item constitutes a part of the handler's plant, or as to which plant a specified item is a part in the event that the particular premises in question constitutes more than one plant: provided, that if the request of the handler is for revision or affirmation of a previous determination, there is set forth in the request a statement of what the handler believes to be the changed conditions which make a new determination necessary. If a handler has been notified in writing of a determination with respect to an establishment operated by him, any revision of such determination shall not be effective prior to the date on which such handler is notified of the revised determination;

(c) place the sums deducted under section 20.61(d) of this Part and retained pursuant to section 20.70 in an interest-bearing account or accounts in a bank or banks duly approved as a Federal depository for such sums or invest them in short-term United States Government securities;

(d) for the purpose of allocating receipts from other Federal order plants under section 20.45(a)(14) of this Part and the corresponding step of section 20.45(b) of this Part, publicly announce the market administrator's estimate of the utilization (to the nearest whole percentage) in each class during the month, of skim milk and butterfat, respectively, in pool milk of all handlers. Such estimate shall be final for such purpose;

(e) report to the market administrator of the other order, as soon as possible after the report of receipts and utilization for the month is received from a handler who has received fluid milk products or bulk fluid cream products from another order plant, the class to which such receipts are allocated pursuant to sections 20.40(c) and 20.45 of this Part on the basis of such report (including any reclassification of inventories of bulk concentrated fluid milk products), and thereafter any change in such allocation required to correct errors disclosed in the verification of such report.

1 CRR-NY 20.23 [Repealed] {#sec-1-crr-ny-20.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.23}

POOL PLANTS AND BULK TANK UNITS POOL PLANTS AND BULK TANK UNITS

1 CRR-NY 20.24 Regular pool plants {#sec-1-crr-ny-20.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.24}

A plant may be designated a regular pool plant pursuant to either subdivision (a) or (b) of this section. Designation shall be applicable to the plant as such and subject to cancellation only pursuant to section 20.27 of this Part, regardless of change in the person owning or operating the plant. The market administrator shall be notified by the handlers involved of any transfer from one person to another of ownership or operation of a pool plant.

(a) Any plant shall be designated a pool plant upon determination by the commissioner that the provisions of paragraphs (1) through (4) of this subdivision have been met. Not later than the end of the month following the month in which an application is received by the commissioner pursuant to paragraph (1) of this subdivision, the commissioner shall either determine that the provisions of paragraphs (1) through (4) of this subdivision either have been met or have not been met, or notify the applicant that additional information is needed prior to making a determination. Such designation shall be effective the first of the month following the date of designation and shall continue until such designation is canceled pursuant to section 20.27 of this Part; provided, that notwithstanding the provisions of paragraphs (1) through (4) of this subdivision, any plant which for the month immediately preceding the effective date of this section, had a designation pursuant to section 20.24 as then in effect, is hereby designated a regular pool plant from the effective date of this section until such designation is canceled pursuant to section 20.27.

(1) An application by the operator of the plant for such determination has been addressed to the commissioner and filed at the office of the market administrator: provided, that if 50 percent or more of the dairy farmers delivering milk at such plant deliver such milk for the account of a cooperative association which does not operate the plant but for which milk such association receives payment, an application must be filed by such cooperative association as well as the person operating the plant.

(2) The plant is located in New York, New Jersey, or Pennsylvania.

(3) The plant was a pool plant pursuant to section 20.28(a) or (b) of this Part for each of the 12 months immediately preceding the month during which an application is filed.

(4) The operating requirements of section 20.26 of this Part are being met.

(b) A plant may be designated at any time as a regular pool plant upon application made by the person operating the plant to the commissioner showing that the plant is a replacement for one or more pool plants designated pursuant to this section, which are operated by him and that substantially all of the dairy farmers delivering milk at the plant previously delivered milk to the pool plant or plants replaced.

1 CRR-NY 20.25 Bulk tank units {#sec-1-crr-ny-20.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.25}

Any handler receiving milk from farms in a tank truck shall establish such farms in one or more bulk tank units (hereinafter called units) each consisting of one or more farms, in accordance with provisions of this section. The milk of any farm included in a unit shall be considered for pricing purposes as having been received by the handler in the unit at the nearest point of the township (as determined pursuant to section 20.52[b] of this Part) in which such farm is located. Any handler who receives milk at a pool plant or a plant distributing Class I-A milk in the marketing area which is delivered from a farm to such plant in a tank truck shall be deemed to have received such milk from a unit, pool, partial pool, or nonpool, and any handler who receives bulk milk from a farm in a tank truck containing pool milk shall be deemed to have received such milk from a farm of a unit either pool, partial pool, or nonpool.

(a) Handlers who may establish, maintain, and be responsible for pool units are as follows:

(1) A handler who operates a pool plant or a handler who operates a plant from which Class I-A milk is distributed in the marketing area other than to another plant: provided, that a handler who is affiliated with or is a subsidiary of a handler operating a pool plant may also operate pool units if both handlers notify the market administrator in writing of such relationship: provided further, that such handler who operates a distributing plant but not a pool plant, to be eligible to maintain a pool unit for any month, must have combined receipts of skim milk and butterfat from such unit for such month classified as Classes I-A and I-B in a percentage at least as great as the market percentage of pool milk in Classes I-A and I-B for the same month of the preceding year.

(2) A cooperative handler who does not operate a plant but who receives milk from farms in a tank truck and delivers such milk to plants of other handlers if such cooperative for 12 months has been qualified as a basis for payments pursuant to section 20.77 of this Part or if such cooperative has operated a pool unit for 12 consecutive months: provided, that such cooperative must meet the definition of a cooperative set forth in section 20.77(a)(1).

(3) Any other cooperative handler who does not operate a plant if such cooperative meets the definition of a cooperative set forth in section 20.77(a)(1) of this Part subject to the conditions of this section.

(4) For the months specified in subparagraph (i) or (ii) of this paragraph, any other handler operating a unit in any of the months of April, May, or June which unit had for such month any skim milk or butterfat classified as Class I-A milk in the marketing area (on some basis other than failure to account for such milk) and had a total Class I-A and Class I-B classification in a percentage at least as great as the market percentage of pool milk in Classes I-A and I-B for the same month in the preceding year.

(i) Such month.

(ii) Each of the months through March following such month except for any month when the Class I-B or combined Class I-A and Class I-B of such unit is less than 60 percent.

(b) The handler may establish the units in any manner chosen by him, subject to the following limitations:

(1) Each unit shall have a headquarters where the basic record of receipts and butterfat tests of milk from each farm are maintained and where there is maintained the basic record of each receipt and each delivery of milk by each tank truck receiving milk from farms of the unit and related details with respect to the movement of such milk.

(2) Each unit shall be given a name indicating the general geographic area in which farms comprising such unit are located.

(3) The handler shall declare whether each unit is to be operated as a pool unit. Farms from which the milk is to be pooled shall be established in a separate unit from those which are not to be pooled.

(4) Farms in the area specified in subdivision (e) of this section shall be in units separate from farms in the area specified in subdivision (f) of this section.

(c) Except as set forth in paragraphs (1) through (5) of this subdivision, a handler may declare that a unit is to be operated as a pool unit and at any time may add a farm to a pool unit, that a handler pursuant to paragraph (a)(4) of this section may not add farms to a pool unit during the months of July through March unless such handler's Class I-A skim milk or butterfat utilization exceeds the total receipts of skim milk or butterfat, respectively, in milk from the pool unit, and in the latter case he may add only the smallest number of farms necessary to provide sufficient milk to cover such Class I-A utilization.

(1) If the unit is a declared nonpool unit or if the farm is a part of a declared nonpool unit of such handler, the unit or farm may be changed to a pool status, except as excluded from the pool milk definition pursuant to section 20.14(d) of this Part, only beginning the first day of a month upon notice to the market administrator by not later than the 10th day of such month. If the notice is filed after the 10th day of the month, the effective date shall be the first day of the following month except as specified in paragraph (5) of this subdivision.

(2) In the period of December through June, no new pool unit may be established, no nonpool or partial pool unit may be declared to be a pool unit, and no farm may be added to a pool unit if the handler caused, as specified in subdivision (d) of this section, any pool unit or any farm of a pool unit to become nonpool in the period of July through November immediately preceding: provided, that this limitation shall not prevent the handler from including in a pool unit a farm which for the first time has converted from can delivery to bulk tank delivery and from which the handler received as pool milk all milk delivered by such farm in cans for a period of 30 days immediately preceding: provided further, that, except in the case set forth in paragraph (d)(3) of this section, this paragraph shall not be applicable if the farm which is caused to become nonpool thereby becomes a producer farm under another order with a provision for marketwide equalization.

(3) No farm which was caused to become nonpool may be made a part of a pool unit by a handler set forth in subparagraphs (i) through (iv) of this paragraph until after the passage of a complete April-May-June period following the time such farm was caused to become nonpool:

(i) The handler who caused the farm to become nonpool.

(ii) The handler or other person who received the milk as nonpool milk.

(iii) A handler who is substantially under the same management control, or ownership as the handler or other person set forth in subparagraph (i) or (ii) of this paragraph.

(iv) A handler who receives the milk through arrangement with the handler or other person set forth in subparagraph (i), (ii) or (iii) of this paragraph.

(4) A handler may transfer a farm from one pool unit to another of his pool units on the first day of any month upon notice to the market administrator by not later than the 10th day of such month.

(5) A farm shall automatically be added to a pool unit or a nonpool unit and shall automatically become a pool unit effective the first day of any month in which any of the skim milk or butterfat in milk of such farm or unit is assigned pursuant to section 20.45 of this Part to Class I-A milk unless the handler is precluded from doing so pursuant to paragraph (2) or (3) of this subdivision or unless such milk is considered producer milk under another order with a provision for marketwide equalization. If some but not all skim milk or butterfat in milk received from such farms previously a part of a nonpool unit is assigned to Class I-A milk the handler operating such unit has until the time of filing the report required pursuant to section 20.30 of this Part to specify which farms are to be added to a pool unit and if upon verification by audit the market administrator finds that other skim milk or butterfat in milk of a declared nonpool unit is assigned to Class I-A milk, the handler operating such unit has until 10 days after notification by the market administrator to specify which farms are to be added to a pool unit. In absence of such specification, all eligible farms shall be added to the pool unit.

(d) A handler may cause a pool unit or a farm which is a part of a pool unit to become nonpool by the methods set forth in paragraphs (1) through (4) of this subdivision; provided, that the failure of a unit to meet the pool requirements set forth in subdivision (f) of this section shall not be considered for purposes of this subdivision to be a change of pool status caused by the handler; provided further, that a handler pursuant to paragraph (a)(4) of this section must continue in a pool unit any farm which was a part of such handler's pool unit in any of the months of April, May, or June preceding from which he receives milk or from which any other handler receives milk through arrangement with him; provided further, that if a unit operated by a handler is reported by another handler which is a cooperative, the actions specified in paragraphs (1), (2), and (4) of this subdivision must be concurred in by such cooperative handler.

(1) The handler may change the status of a declared pool unit to a declared nonpool unit effective the first day of any month upon notice to the market administrator by not later than the 10th day of such month. If the notice is filed after the 10th day of the month, the effective date shall be the first day of the following month.

(2) The handler may transfer a farm from a pool unit to a nonpool unit effective the first day of any month upon notice to the market administrator by not later than the 10th day of such month. If the notice is filed after the 10th day of the month, the effective date shall be the first day of the following month.

(3) The handler may so operate a unit located in the area specified in subdivision (e) of this section that its pool status is cancelled pursuant to section 20.27 of this Part.

(4) The handler may arrange for the milk of a farm in his pool unit to be delivered to another person as nonpool milk. Any delivery of milk by a farm in a handler's pool unit to another person as nonpool milk shall be considered to have been arranged by such handler unless such handler can establish that such other person is not substantially under the same management, control, or ownership as such handler and that such handler was in no way a party to such nonpool delivery.

(e) A declared pool unit must be operated to meet the requirements set forth in section 20.26 of this Part if the farms of such unit are located in the following areas: New York, New Jersey, the counties of Addison, Rutland, and Bennington in Vermont, the county of Berkshire in Massachusetts, or in Pennsylvania. Failure to meet such requirements shall make such declared pool unit subject to suspension and cancellation pursuant to the procedure set forth in section 20.27. This subdivision shall not be applicable to a cooperative handler specified in paragraph (a)(3) of this section.

(f) A declared pool unit made up of forms located outside the area specified in subdivision (e) of this section or a declared pool unit made up of farms specified in subdivision (e) of this section and operated by a cooperative handler specified in paragraph (a)(3) of this section shall be a pool unit in the months of July through March if at least 25 percent of the milk in such unit is delivered in such month to pool plants, and shall be a pool unit in the months of April through June only if 60 percent of the milk of such unit was received at pool plants during the period of October through December immediately preceding or if such handler received no milk of such unit or from farms of such unit in the preceding October through December.

(g) Any unit declared to be a pool unit shall be designated a pool unit in any month, (1) if the handler is qualified in such month pursuant to subdivision (a) of this section, (2) if such unit meets all the requirements of this section applicable to it to be a pool unit, or (3) if the designation of such unit has not been cancelled pursuant to section 20.27 of this Part.

(h) Each handler shall report by not later than the 10th day of the month any changes in units during the preceding month and as of the first day of such month.

(i) Whenever the market administrator finds that a handler has received bulk tank milk from a farm required to be included in an established unit but which has not been so included, he shall tentatively assign such farm to a unit and promptly notify the handler of such action. Unless otherwise requested by the handler within 10 days of such notice, the tentative assignment by the market administrator will become final.

(j) Whenever the market administrator finds that a handler has caused milk to become nonpool pursuant to paragraph (d)(4) of this section he shall promptly notify the handler of such finding. Within 10 days of such notice the handler may, except as to any such milk pooled under another order, (1) make a written claim that the failure to include the milk involved as pool milk was an error and, in such event, the market administrator shall pool such milk and rescind his finding, or (2) make a written offer to submit proof that he had not caused such milk to become nonpool. In the latter event, the market administrator shall examine such proof and shall either rescind his original finding or confirm it. Failure to respond to the market administrator's notice shall be deemed to confirm the finding.

(k) Units other than those which are pool units pursuant to subdivision (g) of this section shall be designated partial pool units if they meet the provisions set forth in paragraphs (1) and (2) of this subdivision.

(1) Any nonpool unit which would have been automatically made a pool unit pursuant to paragraph (c)(5) of this section except that the handler is precluded from adding farms thereof to a pool unit pursuant to paragraph (c)(2) or (3) of this section. If a unit of a handler becomes a partial pool unit pursuant to this paragraph, all of the handler's pool units and partial pool units shall be combined and the skim milk and butterfat in milk of the partial pool units assigned to Class II and Class III of such combined total prior to any skim milk and butterfat in the partial pool unit milk being assigned to Class I-A.

(2) Any unit the milk of which fails to meet the pooling requirements of subdivision (f) of this section, or any unit operated by a handler not specified in subdivision (a) of this section, as being eligible to establish and maintain pool units, or any unit made up of farms located in the 401 miles and over freight zone unless the handlers operating such unit are eligible to establish a pool unit and has specifically requested such unit to be so designated.

(l) The market administrator shall publicly announce the names of handlers establishing pool units and the names and headquarters of such units. He shall also publicly announce any change in the pool status of such units, and the names of handlers who are ineligible to add farms to a pool unit under the terms set forth in paragraph (c)(2) of this section.

1 CRR-NY 20.26 Operating requirements {#sec-1-crr-ny-20.26 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.26}

The person operating a pool plant designated pursuant to 20.24 or a declared pool unit consisting of farms in the area specified in section 20.25(e) of this Part shall stipulate to each of the following requirements:

(a) Be willing to dispose of as Class I-A milk in the marketing area milk received at the plant or on the unit from dairy farmers and agree that if a plant designation is canceled for failure to meet this requirement, the Class I-A and Class I-B milk of such plant through the partial pool plant provision and partial pool unit provisions shall be priced and equalized from the effective date of cancellation through the following June 30.

(b) Keep such control over the sanitary conditions under which milk received at the plant or on the unit is produced and handled that the milk can meet the requirements of a source of milk for the marketing area; provided, that approval by a health authority of the plant as a source of milk for the marketing area shall constitute sufficient evidence that this requirement is being met even though such approval is restricted to prohibit shipment to the marketing area of milk for specified periods during which permission is given by such health authority for receiving unapproved milk or skim milk at the plant or for shipment of approved skim milk from such plant; and

(c) Have no commitments for disposition of milk that prevent him from utilizing milk as set forth in section 20.27(g) of this Part.

1 CRR-NY 20.27 Suspension and cancellation of designation {#sec-1-crr-ny-20.27 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.27}

The designation of a pool plant pursuant to section 20.24 of this Part or of a declared pool unit consisting of farms in the area specified in section 20.25(e) may be suspended or canceled under any of the following provisions:

(a) The designation shall be canceled effective on the first of the month following the filing with the market administrator, and on a form prescribed by him, of an application by the handler operating the plant; provided, that a plant whose designation is so canceled on the first of any of the months of August through November shall be a pool plant it it meets the provisions of section 20.28(e) of this Part, and shall not be a pool plant pursuant to any other provision of this order prior to December 1 following such cancellation; provided further, that such application for cancellation shall be accompanied by proof that the handler, if not a cooperative association qualified pursuant to section 20.77 has notified any qualified cooperative association which has any members who deliver milk to such plant, and has notified individually all producers delivering to such plant who are not members of such qualified cooperative association of his intention to make such application; provided further, that if 50 percent or more of the producers delivering milk at such plant deliver such milk for the account of a cooperative association which does not operate the plant but for which milk such association receives payment, an application must be made by such cooperative association as well as by the handler operating the plant; provided further, that if a handler applies for a replacement designation pursuant to section 20.24(b), the designation of the plant or plants replaced shall be canceled automatically at the time the replacement designation becomes effective.

(b) The designation of any plant which in any month is not approved by a health authority as a source of milk for the marketing area shall be automatically suspended at the beginning of the second month following the month that the handler receives notice that the plant does not have health approval as a source of milk for the marketing area unless the absence of health approval is a temporary condition covering a period of not more than 15 days; provided, that the designation of a plant approved by a health authority as a source of milk for the marketing area, even though such approval is restricted to prohibit shipment to the marketing area of milk for specified periods during which permission is given by such health authority for receiving unapproved milk or skim milk at the plant or for shipment of approved skim milk from such plant, shall not be suspended pursuant to this provision.

(c) The designation of a plant pursuant to section 20.24 of this Part shall be suspended at the beginning of the second month following any consecutive 12-month period in which the plant failed to receive any pool milk or at the beginning of the second month following a month in which there is a failure to maintain the facilities and equipment that constitute a plant pursuant to section 20.8(a) of this Part.

(d) The designation of any plant or unit shall be suspended, effective no sooner than 10 days nor later than 20 days after the date of mailing of notice, by registered letter, to the handler, whenever the market administrator, subject to the limitations set forth in subdivisions (h) and (j) of this section, finds on the basis of available information that the handler operating the plant or unit is not meeting the requirements set forth in section 20.26 of this Part; provided, that, if the handler operating the plant or unit is not a cooperative association qualified pursuant to section 20.77, the market administrator shall notify any qualified cooperative association which has any members who deliver milk to such plant or unit, and shall also notify individually all producers delivering to such plant or unit who are not members of such qualified cooperative association of such suspension of designation.

(e) In the case of suspension pursuant to this section of the designation of one or more plants or units for failure to meet the requirements of section 20.26(a) or (c) of this Part the handler operating such plant or unit may select, prior to the effective date of such suspension, one or more other pool plants or pool units consisting of farms in the area specified in section 20.25(e) for suspension in lieu thereof if, during the preceding month, the quantity of pool milk received from producers at such substituted plants or units was not less than the quantity of pool milk received from producers at the plants or units named for suspension. The handler may also select the order in which plant or unit designations are to be cancelled in the event of a later determination by the commissioner canceling the designation of some but not all of the plants or units suspended.

(f) Not later than 10 days after the effective date of suspension of designation pursuant to this section, the handler operating the plant or unit may apply to the commissioner for a review. If the handler fails to so apply for such review, the designation shall be canceled as of the effective date of the suspension. If the handler does so apply, the commissioner shall, after review, either determine that the requirements set forth in section 20.26 of this Part have been met and order the suspension revoked, or determine that such requirements have not been met and order the designation canceled as of the effective date of the suspension: provided, that, if the commissioner has made no determination within two months after the end of the month in which the suspension was made effective, but later orders the designation canceled, such cancellation shall be effective as of the first of the month following the date of such determination.

(g) Beginning with the effective date of a suspension pursuant to this section, and until the commissioner has either ordered the designation canceled or ordered the suspension revoked, the plant or unit shall be treated as a pool plant or pool unit: provided, that all payments into or out of the producer settlement fund (except such payments on the basis of operations during a month in which the plant meets the requirements of section 20.28 of this Part or the unit meets the requirements of section 20.25[g]) shall be held in reserve by the market administrator until an order is issued by the commissioner, but no longer than two months after the end of the month in which the suspension was made effective.

(h) No pool plant or pool unit designation shall be suspended for failure to meet the requirements of section 20.26(a) of this Part except under the following conditions or pursuant to subdivision (1) of this section:

(1) A meeting has been held no sooner than three days after notice by the market administrator to all handlers operating pool plants designated pursuant to section 20.24 or pool units consisting of farms in the area specified in section 20.25(e) for consideration of the desirable utilization of milk received from producers during a period ending not later than the end of the second month after the month during which such meeting is held.

(2) There has been issued by the market administrator, following such meeting, and mailed to all handlers operating pool plants designated pursuant to section 20.24 of this Part or pool units consisting of farms in the area specified in section 20.25(e) the market administrator's determination of the desirable utilization of milk received from producers each month during all or a part of the period set forth in paragraph (1) of this subdivision. Such determination shall include a schedule setting forth, by months, the desired minimum percentage of pool milk received from producers to be utilized in specified classes. Such specified classes shall include Class I-A in the marketing area, and may include all or a part of other Class I-A and Class I-B.

(3) The market administrator finds on the basis of available information that the handler operating a plant or unit or the cooperative reporting a plant or unit is not utilizing milk received from producers in accordance with the minimum percentage set forth in the determination of the market administrator previously announced pursuant to paragraph (2) of this subdivision: provided, that the suspension of the designation of a plant or unit may be made effective during the months of November and December if the market administrator finds that the handler is utilizing any milk received from producers in classes other than those set forth in the determination of the market administrator announced pursuant to paragraph (2) of this subdivision.

(i) The cancellation of pool plant or pool unit designation for failure to meet the requirements of section 20.26(a) of this Part shall be subject to the following conditions:

(1) No pool plant or pool unit designation shall be canceled if the handler operating the plant or unit utilized the milk received by the handler from producers during the month in which the suspension is made effective in accordance with the minimum percentage set forth in the determination of the market administrator announced pursuant to paragraph (h)(2) or subdivision (1) of this section.

(2) No pool plant or pool unit designation shall be canceled if the handler operating the plant or unit utilized in the specified classes set forth in the determination of the market administrator announced pursuant to paragraph (h)(2) of this section a percentage of the total milk received by such handler from producers during the month in which the suspension is made effective which is not less than the percentage of the total pool milk reported by all handlers for such month to have been used in the specified classes.

(3) In the event that all milk received from producers at a plant or unit is reported to the market administrator by a cooperative association qualified pursuant to section 20.77 of this Part and such association pays the producer for such milk, the pool plant or pool unit designation shall not be canceled if a percentage of all milk reported by such cooperative association is utilized in accordance with the minimum percentage set forth in the determination of the market administrator announced pursuant to paragraph (h)(2) of this section, or in accordance with the percentage set forth in paragraph (2) of this subdivision.

(4) Cancellation of designations shall be limited to those plants or units necessary to result in a utilization of milk received at the remaining pool plants and pool units operated by the handler, or reported by the cooperative, as the case may be, in accordance with the minimum percentage set forth in subdivision (1) of this section, or in the determination of the market administrator announced pursuant to paragraph (h)(2) of this section.

(j) Loss of approval by health authorities of a plant as a source of milk for the marketing area may in itself constitute adequate reason for the market administrator to suspend the designation of the plant for failure to meet the requirements of section 20.26(b) of this Part only if the absence of such approval continues for more than 15 days.

(k) The designation shall be canceled effective on the first of the month following three consecutive months in in the absence of this designation milk received from dairy farmers and units at the plant would have been classified and priced under another order with a provision for marketwide equalization and if in each of such months the percentage of milk received from dairy farmers and units at the plant which is classified as Class I-A and disposed of in the marketing area defined in such other order is greater than the percentage of such milk so classified and disposed of in this marketing area.

(l) The designation of any pool plant pursuant to section 20.24 of this Part or any pool unit pursuant to section 20.25(e) of this Part shall be canceled unless five percent or more of the pool milk received from producers at such plant or by such unit during each of the months of December and January, and 10 percent during each of the months of September through November, is utilized as Class I-A milk unless the percentage has been revised pursuant to subdivision (h) of this section.

1 CRR-NY 20.28 Temporary pool plants {#sec-1-crr-ny-20.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.28}

Except for plants which, pursuant to subdivision (f) of this section, are not eligible for designation, any plant not designated pursuant to section 20.24 of this Part shall automatically be designated a pool plant in accordance with provisions of subdivisions (a) through (e) of this section: provided, that no plant shall be a pool plant pursuant to this section if, in the absence of this provision, milk received from dairy farmers and units at the plant would be classified and priced under another order with a provision for marketwide equalization, and if the percentage of the milk received from dairy farmers and units at the plant which is classified in Class I-A and disposed of in the marketing area defined in such other order is greater than the percentage of such milk so classified and disposed of in this marketing area: provided further, that for purposes of the computations of percentages set forth in this section, skim milk and butterfat in filled milk shall be excluded from skim milk and butterfat classified in Class I-A and Class I-B.

(a) For any of the months of January through March and July through December, any plant at which 25 percent or more of the combined receipts of skim milk and butterfat in milk from dairy farmers and units is classified as Class I-A in the marketing area or as Class I-A on the basis of a transfer to a pool plant on some basis other than the failure to account for such milk shall automatically be designated a pool plant for such month: provided, that at the option of the handler the plant shall not be a pool plant if less than 25 percent of such combined receipts of skim milk and butterfat in milk from other than pool units is classified in such Class I-A.

(b) For any of the months of April, May, or June, any plant at which during the preceding period of October, November, and December either (1) no milk was received from dairy farmers or units, or (2) 60 percent or more of the combined receipts of skim milk and butterfat in milk received from dairy farmers and units was classified in Class I-A in the marketing area or as Class I-A on the basis of a transfer to a pool plant, on some basis other than the failure to account for such milk, shall automatically be designated a pool plant for any of such months of April, May, or June in which 10 percent or more of the combined receipts of skim milk and butterfat in milk received from dairy farmers and units is classified in Class I-A in the marketing area or as Class I-A on the basis of a transfer to a pool plant, on some basis other than the failure to account for such milk: provided, that at the option of the handler the plant shall not be a pool plant if less than 10 percent of combined receipts of skim milk and butterfat in such milk from other than pool units is classified in such Class I-A.

(c) Any plant which is a pool plant in any of the months of April, May, or June on the basis of subdivision (b) of this section or on the basis of subdivision (d) of this section and in the latter case, the percentage of combined receipts of skim milk and butterfat in the milk from dairy farmers and units classified in Class I-A in the marketing area or as Class I-A on the basis of a transfer to a pool plant, is at least as great as the market percentage of pool milk in Classes I-A and I-B for the same month of the previous year, shall be a pool plant in any of the months of July through March following in which 60 percent or more of the combined receipts of skim milk and butterfat in milk received at the plant from dairy farmers and units is classified in Class I-A, Class I-B, or Classes I-A and I-B combined.

(d) Any plant which for any month is not a pool plant because of failure to meet the requirements of subdivision (a), (b), or (c) of this section shall be a pool plant in any month in which a daily average of at least 800 pounds of combined receipts of skim milk and butterfat in milk received from dairy farmers and units is classified as Class I-A in the marketing area or as Class I-A on the basis of a transfer to a pool plant on some basis other than failure to account for such milk and if the percentage of combined receipts of skim milk and butterfat in milk classified as Class I-A and Class I-B is at least as great as the market percentage of pool milk in Classes I-A and I-B for the same month in the preceding year: provided, that at the option of the handler, the plant shall not be a pool plant if none of the skim milk or butterfat in such milk from other than pool units is classified in such Class I-A: provided further, that such plant shall not be a pool plant on the basis of this subdivision if it is located in the 401 miles and over freight zone.

(e) A plant whose regular pool plant designation has been canceled at the request of the handler on the first of any of the months of August through November shall be a pool plant in any month through November 30 following such cancellation if the percentage of the combined receipts of skim milk and butterfat in milk received from dairy farmers and units classified in Class I-A, Class I-B or Classes I-A and I-B combined is at least as great as the market percentage of pool milk in Classes I-A and I-B for the same month in the preceding year unless such plant qualifies as a pool plant under an other order with a provision for marketwide equalization.

(f) A plant shall not be a pool plant on the basis of this section for the periods and under the conditions set forth in paragraphs (1) and (2) of this subdivision:

(1) If the pool plant designation was canceled on the first of August, September, October, or November pursuant to section 20.27(a) of this Part for the period through November 30 except as specified in subdivision (e) of this section.

(2) If the pool plant designation was canceled pursuant to section 20.27 of this Part for failure to meet the requirements of 20.26(a), for the period from the date the cancellation was effective through the following June 30.

(g) At the time of announcing the uniform price for each month, the market administrator shall make public the location and name of the operator of any plant for which a report of receipts from dairy farmers was used in the computation of that uniform price.

1 CRR-NY 20.29 Partial pool plants {#sec-1-crr-ny-20.29 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.29}

The following plants not designated pool plants pursuant to sections 20.24 and 20.28 of this Part, which plants distribute fluid milk products in the marketing area or transfer fluid milk products to a pool plant shall be designated partial pool plants:

(a) Plants set forth in section 20.28(f) of this Part.

(b) Plants other than those set forth in subdivision (a) of this section which have some skim milk or butterfat in milk received from dairy farmers or nonpool units classified in Class I-A on some basis other than failure to account for such milk, except a plant which would otherwise qualify as a pool plant pursuant to section 20.28(d) of this Part but which has less than a daily average of 800 pounds of skim milk or butterfat in milk received from dairy farmers or units classified in Class I-A in the marketing area on some basis other than failure to account for such milk.

REPORTS REPORTS

1 CRR-NY 20.30 Reports of receipts and utilization {#sec-1-crr-ny-20.30 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.30}

Each handler, except a handler receiving own farm milk and not required to be listed pursuant either to section 20.11 or 20.12 of this Part, shall report each month to the market administrator for the preceding month in the manner and on the forms prescribed by the market administrator with respect to each pool plant, partial pool plant, pool unit or partial pool unit operated by such person, the information set forth in subdivisions (a) through (d) of this section. Such report, shall be physically received at the office of the market administrator no later than the close of business on the 10th day of the month. Other information required to be reported no later than the 10th day of the month pursuant to sections 20.25 and 20.31 of this Part must also be physically received by the market administrator no later than the 10th day of the month.

(a) The quantity of skim milk and butterfat contained in:

(1) receipts of milk from producers;

(2) receipts of fluid milk products from other pool plants or partial pool plants and from pool units or partial pool units; and

(3) receipts of other source milk.

(b) Inventories at the beginning and the end of each month of fluid milk products and products specified in section 20.41(c)(1) of this Part.

(c) The utilization of all skim milk and butterfat required to be reported pursuant to this section, including the destination of any fluid milk product, the classification of which wholly or partially depends upon its destination.

(d) The computation pursuant to section 20.60 of this Part of such handler's net pool obligation.

1 CRR-NY 20.31 Producer payroll reports {#sec-1-crr-ny-20.31 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.31}

Each handler shall report with respect to producers as set forth in subdivisions (a) and (b) of this section:

(a) on or before the 10th day after the end of each month, the information required by the market administrator with respect to producer additions, producer withdrawals, and changes in names of farm operators;

(b) on or before the last day of each month such handler's producer payroll for the preceding month, which shall show for each producer:

(1) the total pounds of milk from such producer;

(2) the average butterfat content of such milk: provided, that if not butterfat tests are made on any of the milk received from producers, and if such milk is received by the handler from no more than 10 producers, 3.5 percent shall be reported as the average butterfat test of milk received from producers;

(3) the amount of payment due each producer;

(4) the nature and amount of any deductions and charges made by the handler;

(5) the net amount of payment to such producer; and

(6) Such other information with respect thereto as the market administrator shall require.

1 CRR-NY 20.32 Other reports {#sec-1-crr-ny-20.32 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.32}

At such time as the market administrator may request, each handler shall report to the market administrator in the manner and on forms prescribed by the market administrator:

(a) The quantities of skim milk and butterfat in milk and each milk product received at his nonpool plants, from dairy farmers, from other plants or nonpool units, from such handler's own farm, from other handlers, and from other sources.

(b) The quantities of skim milk and butterfat in milk and each milk product moved out of, or on hand at, his nonpool plants and the destination of such skim milk and butterfat.

(c) Information concerning land, buildings, surroundings, facilities and equipment at any of his plants.

(d) The current receipts and utilization of skim milk and butterfat at each of his pool plants and pool units.

(e) Such other information as may be necessary for the administration of the provisions of this Part.

1 CRR-NY 20.33 [Repealed] {#sec-1-crr-ny-20.33 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.33}

1 CRR-NY 20.34 [Repealed] {#sec-1-crr-ny-20.34 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.34}

1 CRR-NY 20.35 [Repealed] {#sec-1-crr-ny-20.35 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.35}

1 CRR-NY 20.36 to 20.37 to 20.37 [Repealed] {#sec-1-crr-ny-20.36-to-20.37 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.36 to 20.37}

CLASSIFICATION CLASSIFICATION

1 CRR-NY 20.40 General classification rules {#sec-1-crr-ny-20.40 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.40}

All skim milk and butterfat required to be reported by each handler pursuant to sections 20.30 and 20.32 of this Part shall be classified each month pursuant to the provisions of sections 20.41 through 20.46 of this Part, subject to the following conditions:

(a) each month the market administrator shall correct for mathematical and other obvious errors all reports filed pursuant to section 20.30 of this Part, including the pounds of skim milk and butterfat, respectively, in each class in accordance with sections 20.40 through 20.44 of this Part;

(b) if any of the water contained in the milk from which a product is made is removed before the product is utilized or disposed of by a handler, the pounds of skim milk used or disposed of in such product shall be considered to be an amount equivalent to the nonfat milk solids contained in wuch products plus all the water originally associated with such solids;

(c) skim milk and butterfat contained in receipts of bulk concentrated fluids milk and nonfluid milk products that are reconstituted for fluid use shall be assigned to Class I use, up to the reconstituted portion of labeled reconstituted fluid milk products, on a pro rata basis (except for any Class I use of specific concentrated receipts that is established by the handler) prior to any assignments under section 20.45 of this Part. Any remaining skim milk and butterfat in concentrated receipts shall be assigned to uses under section 20.45 of this Part, on a pro rata basis, unless a specific use of such receipts is established by the handler; and

(d) Class III-A milk shall be allocated in combination with Class III milk and the quantity of producer milk eligible to be priced in Class III-A shall be determined by prorating receipts from pool sources to Class III-A use on the basis of the quantity of total receipts of bulk fluid milk products allocated to Class III milk at the plant or unit.

1 CRR-NY 20.41 Classes of utilization {#sec-1-crr-ny-20.41 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.41}

Subject to the conditions set forth in sections 20.42 through 20.46 of this Part, the classes of utilization shall be as follows:

(a) Class I-A milk.

Class I-A milk shall be all skim milk and butterfat:

(1) disposed of as a fluid milk product except as otherwise provided in subdivisions (c) and (d) of this section:

(i) inside the marketing area;

(ii) as route disposition in another order marketing area;

(iii) to another order plant and assigned under such other order to Class I;

(iv) in packaged form to another order plant if such product is not defined as a fluid milk product under such other order; and

(v) to a partially regulated plant under another order and there applied as an offset to Class I sales in any other order market;

(2) contained in inventory of packaged fluid milk products at the end of the month;

(3) in shrinkage assigned to Class I-A pursuant to section 20.42(d) of this Part; and

(4) not specifically accounted for as Class I-B, Class II or Class III milk.

(b) Class I-B milk.

Class I-B milk shall be all skim milk and butterfat:

(1) Disposed of as a fluid milk product outside this or any other Federal order marketing area except for:

(i) milk moved to a partially regulated plant under another order and there applied as an offset to Class I sales in any other order market; and

(ii) inventory of packaged fluid milk products at nonpool plants that are not other order plants.

(2) In shrinkage assigned to Class I-B pursuant to section 20.42(c) of this Part.

(c) Class-II milk.

Class-II milk shall be all skim milk and butterfat:

(1) disposed of in the form of a fluid cream product or any product containing artificial fat, fat substitutes, or six percent or more nonmilk fat (or oil) that resembles a fluid cream product, except as otherwise provided in subdivision (d) of this section;

(2) in packaged inventory at the end of the month of the products specified in paragraph (1) of this subdivision and in bulk concentrated fluid milk products in inventory at the end of the month;

(3) in bulk fluid milk products and bulk fluid cream products disposed of to a commercial food processor if the market administrator is permitted to audit the records of the commercial food processing establishment for the purpose of verification. Otherwise, such uses shall be Class I;

(4) used to produce:

(i) cottage cheese, lowfat cottage cheese, dry curd cottage cheese, ricotta cheese, pot cheese, Creole cheese, and any similar soft, high-moisture cheese resembling cottage cheese in form or use;

(ii) milkshake and ice milk mixes (or bases), frozen desserts, and frozen dessert mixes distributed in one-quart containers or larger and intended to be used in soft or semi-solid form;

(iii) aerated cream, frozen cream, sour cream and sour half-and-half, sour cream mixtures containing nonmilk items, yogurt and any other semi-solid product resembling a Class II product;

(iv) eggnog, custards, puddings, pancake mixes, buttermilk biscuit mixes, coatings, batter; and similar products;

(v) formulas especially prepared for infant feeding or dietary use (meal replacement) that are packaged in hermetically sealed containers;

(vi) candy, soup, bakery products and other prepared foods which are processed for general distribution to the public, and intermediate products, including sweetened condensed milk, to be used in processing such prepared food products; and

(vii) any product not otherwise specified in this section.

(d) Class III milk.

Class III milk shall be all skim milk and butterfat:

(1) Used to produce:

(i) cream cheese and other spreadable cheeses, and hard cheeses of types that may be shredded, grated, or crumbled, and are not included in subparagraph (c)(4)(i) of this section;

(ii) butter, plastic cream, anhydrous milkfat and butteroil;

(iii) any milk product in dry form, except nonfat dry milk;

(iv) evaporated or sweetened condensed milk in a consumer-type package and evaporated or sweetened condensed skim milk in a consumer-type package.

(2) In inventory at the end of the month of unconcentrated fluid milk products in bulk form and products specified in paragraph (c)(1) of this section in bulk form;

(3) In fluid milk products, products specified in paragraph (c)(1) of this section, and products processed by the disposing handler that are specified in subparagraphs (c)(4)(i)-(iv) of this section, that are disposed of by a handler for animal feed;

(4) In fluid milk products, products specified in paragraph (c)(1) of this section, and products processed by the disposing handler that are specified in subparagraphs (c)(4)(i)-(iv) of this section, that are dumped by a handler. The market administrator may require notification by the handler of such dumping in advance for the purpose of having the opportunity to verify such disposition. In any case, classification under this paragraph requires a handler to maintain adequate records of such use. If advance notification of such dumping is not possible, or if the market administrator so requires, the handler must notify the market administrator on the next business day following such use;

(5) In fluid milk products and products specified in paragraph (c)(1) of this section that are destroyed or lost by a handler in a vehicular accident, flood, fire, or in a similar occurrence beyond the handler's control, to the extent that the quantities destroyed or lost can be verified from records satisfactory to the market administrator;

(6) In skim milk in any modified fluid milk product or in any product specified in paragraph (c)(1) of this section that is in excess of the quantity of skim milk in such product that was included within the fluid milk product definition pursuant to section 20.15 of this Part and the fluid cream product definition pursuant to section 20.18 of this Part; and

(7) In shrinkage assigned pursuant to section 20.42(a) of this Part to the receipts specified in section 20.42(a)(2) of this Part and in shrinkage specified in section 20.42(b) and (c) of this Part.

(e) Class III-A milk.

Class III-A milk shall be all skim milk and butterfat used to produce nonfat dry milk.

1 CRR-NY 20.42 Shrinkage {#sec-1-crr-ny-20.42 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.42}

For purposes of classifying all skim milk and butterfat to be reported by a handler pursuant to section 20.30 of this Part, the market administrator shall determine the following:

(a) the pro rata assignment of shrinkage of skim milk and butterfat, respectively, at each pool plant to the respective quantities of skim milk and butterfat:

(1) in the receipts specified in paragraphs (b)(1) through (5) of this section on which shrinkage is allowed pursuant to such subdivision; and

(2) in other source milk not specified in paragraphs (b)(1) through (5) of this section, which was received in the form of a bulk fluid milk product or a bulk fluid cream product;

(b) the shrinkage of skim milk and butterfat, respectively, assigned pursuant to subdivision (a) of this section to the receipts specified in paragraph (a)(1) of this section that is not in excess of:

(1) two percent of the skim milk and butterfat, respectively, in pool milk received from producers, in milk received from pool units, and in milk received from units other than pool units, exclusive of the quantity for which Class II or Class III utilization was requested by the handler;

(2) plus 1.5 percent of the skim milk and butterfat, respectively, in receipts of fluid milk products in bulk from other pool plants;

(3) plus 1.5 percent of the skim milk and butterfat, respectively, in bulk fluid milk products received by transfer from other order plants, excluding the quantity for which Class II and Class III classification is requested by the operators of both plants;

(4) plus 1.5 percent of the skim milk and butterfat, respectively, in receipts of fluid milk products in bulk from plants other than those defined in section 20.8(b) or (d) of this Part, excluding the quantity for which Class II or Class III classification is requested by the handler; and

(5) less 1.5 percent of the skim milk and butterfat, respectively, in bulk fluid milk products transferred to other plants that is not in excess of the respective amounts of skim milk and butterfat to which percentages are applied in paragraphs (1) through (4) of this subdivision; and

(c) shrinkage in excess of the amounts assigned to Class III pursuant to subdivisions (a) and (b) of this section shall be assigned pro rata to Class I-A and Class I-B in accordance with the respective volumes of skim milk and butterfat actually accounted for in each such class.

1 CRR-NY 20.43 [Repealed] {#sec-1-crr-ny-20.43 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.43}

1 CRR-NY 20.44 Transfers {#sec-1-crr-ny-20.44 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.44}

(a) Transfers to pool plants.

Skim milk or butterfat transferred in the form of a fluid milk product or a bulk fluid cream product from a pool plant or a pool unit to another pool plant shall be classified as Class I-A milk unless the operators of both plants request the same classification in another class. In either case, the classification of such transfers shall be subject to the following conditions:

(1) The skim milk or butterfat classified in each class be limited to the amount of skim milk and butterfat, respectively, remaining in such class at the transferee-plant after the computations pursuant to section 20.45(a)(16) of this Part and the corresponding step of section 20.45(b) of this Part. The amount of skim milk or butterfat classified in each class shall include the assigned utilization of skim milk or butterfat in transfers of concentrated fluid milk products;

(2) If the transferor-plant received during the month other source milk to be allocated pursuant to section 20.45(a)(7) of this Part or the corresponding step of section 20.45(b) of this Part, the skim milk or butterfat so transferred shall be classified so as to allocate the least possible Class I utilization to such other source milk; and

(3) If the transferor-handler received during the month other source milk to be allocated pursuant to section 20.45(a)(12) or (14) of this Part or the corresponding steps of section 20.45(b) of this Part, the skim milk or butterfat so transferred, up to the total of the skim milk and butterfat, respectively, in such receipts of other source milk, shall not be classified as Class I milk to a greater extent than would be the case if the other source milk had been received at the transferee-plant.

(b) Transfers to other order plants.

Skim milk or butterfat transferred in the form of a fluid milk product or a bulk fluid cream product from a pool plant to an other order plant shall be classified in the following manner:

(1) if transferred as packaged fluid milk products, classification shall be in the classes (either Class I-A, II or III) to which allocated as a fluid milk product under the other order;

(2) if transferred in bulk form, classification shall be in the classes to which allocated under the other order (including allocation under the conditions set forth in paragraph [3] of this subdivision);

(3) if the operators of both the transferor and the transferee plants so request in the reports of receipts and utilization filed with their respective market administrators, transfers in bulk form shall be classified as Class II or Class III milk to the extent of such utilization available for such classification pursuant to the allocation provisions of the other order;

(4) if information concerning the classes to which such transfers were allocated under the other order is not available to the market administrator for the purpose of establishing classification under this paragraph, classification shall be as Class I-A, subject to adjustment at a later date;

(5) for purposes of this paragraph, if the other order provides for a different number of classes of utilization than is provided for under this Part, skim milk or butterfat allocated to a class consisting primarily of fluid milk products shall be classified as Class I-A milk, and skim milk or butterfat allocated to the other classes shall be classified as Class III milk; and

(6) if the form in which any fluid milk product that is transferred to an other order plant is not defined as a fluid milk product under such other order, classification under this paragraph shall be in accordance with the provisions of section 20.41 of this Part.

(c) Transfers to producer-handlers.

Skim milk or butterfat in the following forms that is transferred from a pool plant to a producer-handler under this or any other Federal order shall be classified:

(1) as Class I-A milk, if transferred in the form of a fluid milk product; and

(2) in accordance with the utilization assigned to it by the market administrator, if transferred in the form of a bulk fluid cream product. For this purpose, the transferee's utilization of skim milk and butterfat in each class, in series beginning with Class III, shall be assigned to the extent possible to its receipts of skim milk and butterfat, respectively, in bulk fluid cream products, pro rata to each source.

(d) Transfers to other nonpool plants.

Skim milk or butterfat transferred in the following forms from a pool plant or a pool unit to a nonpool plant that is not another order plant or a producer-handler plant shall be classified:

(1) as Class I-A milk, if transferred in the form of a packaged fluid milk product; and

(2) as Class I-A milk, if transferred in the form of a bulk fluid milk product or a bulk fluid cream product, unless the following conditions apply:

(i) The transferring handler claims classification pursuant to the assignment set forth in paragraph (3) of this subdivision in the handler's report submitted to the market administrator pursuant to section 20.30 of this Part for the month within which such transaction occurred;

(ii) The operator of such transferee plant maintains books and records showing the utilization of all skim milk and butterfat received at such plant which are made available if requested by the market administrator for the purpose of verification;

(iii) In determining the nonpool plant's utilization for purposes of this section, any fluid milk products and bulk fluid cream products transferred from such nonpool plant to a second nonpool plant shall be classified pursuant to the same assignment procedure with respect to receipts and utilization at such second nonpool plant, except that classification of such transfers in Class I-A and I-B shall not be less than the quantities which would be assigned to those classes if the transfer of such products had been directly from a pool plant or pool unit.

(3) Skim milk and butterfat so transferred shall be classified on the basis of the following assignment of utilization at the transferee plant pursuant to subparagraph (2)(ii) of this subdivision:

(i) Packaged receipts of fluid milk products from Federal order sources shall first be assigned to route disposition in Federal order marketing areas (assigning receipts to sales in the same market to the extent possible) and any residual shall be assigned to Class I-B route-sales.

(ii) Such bulk transfers and other bulk receipts of fluid milk products at such transferee plant from pool plants and units and from other order plants shall next be assigned to any remaining route disposition in any Federal order marketing area. For this purpose receipts from each Federal order market shall first be assigned to remaining route sales in such marketing area and any remainder of such receipts shall be prorated with all Federal order receipts to remaining route disposition in all Federal order marketing areas.

(iii) Receipts from dairy farmers shall then be assigned to any remaining route sales in the marketing area.

(iv) Remaining receipts from dairy farmers and other unregulated other source receipts (excluding opening inventory) in the form of fluid milk products shall be assigned pro rata to Class I-B, Class II and Class III utilization at such plant to the extent of such utilization available at such plant and any remainder of such receipts shall be assigned pro rata to Class I-A bulk sales to plants regulated under this order and Class I bulk sales to plants regulated under other orders.

(v) Receipts of bulk fluid cream products from plants defined pursuant to section 20.8(b) and (d) of this Part shall be assigned pro rataamong such plants to any remaining Class II and Class III utilization on a pro rata basis, then to any remaining Class I-A disposition and finally any Class I-B disposition.

(vi) Any remaining receipts of fluid milk products or bulk fluid cream products being assigned pursuant to this paragraph shall be assigned pro rata with remaining receipts from other order plants, first to remaining Class I-A utilization, then to Class I-B utilization, then to Class II utilization, and finally to Class III utilization at such plant: provided, that if on inspection of the books and records of such plant the market administrator finds that there is insufficient utilization to cover such receipts, the remainder shall be classified as Class I-A.

(vii) Any remaining Class I-A route disposition in any Federal marketing area shall be subject to the pricing specified in section 20.60(d)(2) of this Part.

1 CRR-NY 20.45 Allocation of skim milk and butterfat classified {#sec-1-crr-ny-20.45 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.45}

The classification of milk received from producers at each pool plant or pool unit for each handler shall be determined each month pursuant to subdivisions (a), (b) and (c) of this section: provided, that for the purpose of establishing the pool status of any plant with Class I-A route disposition in the marketing area which is not a pool plant pursuant to section 20.24 of this Part, skim milk and butterfat in milk received at such plant directly from dairy farmers or units up to an amount sufficient to qualify such plant as a pool plant pursuant to section 20.28(a) or (b) of this Part shall be considered the source of such Class I-A route disposition of such plant and be subtracted from Class I-A prior to the application of the allocation sequence set forth in subdivisions (a) and (b) of this section, unless at the time of filing the handler's report pursuant to section 20.30 of this Part the handler elects not to have it so allocated.

(a) Skim milk shall be allocated in the following manner:

(1) Subtract from the total pounds of skim milk in Class III the pounds of skim milk classified as Class III pursuant to section 20.42(b) of this Part.

(2) Subtract the pounds of skim milk received in packaged form from a producer-handler for marketing as certified fluid milk products from the total pounds of skim milk in Class I-A and Class I-B milk, respectively, in accordance with its proportionate disposition in such classes.

(3) Subtract from the remaining pounds of skim milk in Class III, 2 percent of the pounds of skim milk in packaged fluid milk products received from other order plants, and subtract the balance from Class I-A.

(4) Subtract from the remaining pounds of skim milk in Class I-A the pounds of skim milk in packaged fluid milk products in inventory at the beginning of the month. This paragraph shall apply only if the pool plant was subject to the provisions of this subdivision or comparable provisions of another Federal milk order in the immediately preceding month.

(5) Subtract from the pounds of skim milk in Class II the pounds of skim milk in products specified in section 20.41(c)(1) of this Part that were received in packaged form from other plants, but not in excess of the pounds of skim milk remaining in Class II.

(6) Subtract from the remaining pounds of skim milk in Class II the pounds of skim milk in products specified in section 20.41(c)(1) of this Part in packaged form and in bulk concentrated fluid milk products that were in inventory at the beginning of the month, but not in excess of the pounds of skim milk remaining in Class II. This paragraph shall apply only if the pool plant was subject to the provisions of this paragraph or comparable provisions of another Federal milk order in the immediately preceding month.

(7) Subtract from the remaining pounds of skim milk in Class II the pounds of skim milk in bulk concentrated fluid milk products and in other source milk (except other source milk received in the form of an unconcentrated fluid milk product or a fluid cream product) that is used to produce, or added to, any product specified in section 20.41(c) of this Part excluding the quantity of such skim milk that was classified as Class III milk pursuant to section 20.41(d)(6) of this Part, but not in excess of the pounds of skim milk remaining in Class II.

(8) Subtract in the order specified below from the pounds of skim milk remaining in Class I-A, Class II and Class III milk, in series beginning with Class III, the pounds of skim milk in:

(i) Bulk concentrated fluid milk products and other source milk (except other source milk received in the form of an unconcentrated fluid milk product) and, if paragraph (6) of this subdivision applies, packaged inventory at the beginning of the month of products specified in section 20.41(c)(1) of this Part that was not subtracted pursuant to paragraphs (5), (6) and (7) of this subdivision.

(ii) Receipts of fluid milk products not approved by a duly constituted health authority which are excepted from the pool milk definition pursuant to section 20.14(b) of this Part;

(iii) Receipts of fluid milk products from a producer-handler pursuant to an other order or a producer-handler defined pursuant to section 20.12 of this Part (except pool milk designated in the preamble of section 20.14).

(iv) Receipts of fluid milk products from a handler's plant at which milk is excepted from the pool milk definition pursuant to section 20.14(h) of this Part.

(v) Receipts of fluid milk products from a handler with own farm milk, which milk is excepted from the pool milk definition pursuant to section 20.14(i) of this Part.

(9) Subtract in series beginning with Class III from the pounds of skim milk remaining in Class II and Class III milk the pounds of skim milk in receipts of other source milk in the form of fluid milk products from plants other than those defined in section 20.8(b) or (d) of this Part and units other than pool units for which the handler requests a Class II or Class III classification, but not in any case to exceed the pounds of skim milk remaining in such class.

(10) Subtract from the remaining pounds of skim milk in Class II or Class III milk the pounds of skim milk in bulk receipts of fluid milk products from other order plants not previously assigned and for which a Class II or Class III classification is requested by both the transferor and transferee handler in filing reports of receipts and utilization for the month with their respective market administrators, but not in any case to exceed the pounds of skim milk remaining in such class.

(11) Subtract from the pounds of skim milk remaining in each class, in series beginning with Class III, the pounds of skim milk in fluid milk products and products specified in section 20.41(c)(1) of this Part, in inventory at the beginning of the month that were not subtracted pursuant to paragraphs (4), (6) and (8)(i) of this subdivision.

(12) Add to the remaining pounds of skim milk in Class III the pounds subtracted pursuant to paragraph (1) of this subdivision.

(13) (i) Subtract pro rata from the pounds of skim milk remaining in Class I-B, Class II and Class III milk the remaining pounds of skim milk in receipts of other source milk in the form of fluid milk products from plants not defined pursuant to section 20.8(b) or (d) of this Part and from units other than pool units: provided, That if the pounds of skim milk to be assigned pursuant to this subparagraph (i) of this paragraph exceed the available pounds of skim milk in Class I-B, Class II, and Class III the handler shall designate the priority of sources to be assigned to such classes.

(ii) No assignment shall be made pursuant to this paragraph with respect to milk received from a plant not defined pursuant to section 20.8(b) or (d) of this Part in the 401 miles and over freight zone at a plant from which 50 percent or more of the gross receipts of skim milk and butterfat leaves the plant in the form of fluid milk products in consumer packages or dispenser inserts and is classified as Class I-A.

(14) Subtract pro rata from the remaining pounds of skim milk in each class the pounds of skim milk in receipts from dairy farmers and from the handler's own farm which are excepted from the pool milk definition pursuant to section 20.14(h) and (i) of this Part.

(15) Subtract in the manner specified below from the pounds of skim milk remaining in each class the pounds of skim milk in receipts of fluid milk products from other order plants not previously assigned pursuant to paragraphs (3) and (10) of this subdivision:

(i) Subject to the provisions of this paragraph, such subtraction shall be pro rata to the pounds of skim milk in each class with respect to whichever of the following quantities represents the higher proportion of Class II and Class III milk combined:

(a) the estimated utilization of skim milk of all handlers in each class as announced for the month pursuant to section 20.22(d) of this Part; or

(b) the total pounds of skim milk remaining in each class at this allocation step at all pool plants of the handler (excluding any duplication of utilization in each class resulting from transfers between pool plants of the handler).

(ii) Should the proration pursuant to subparagraph (i) of this paragraph result in the total pounds of skim milk at all pool plants of the handler that are to be subtracted at this allocation step from Class II and Class III combined exceeding the pounds of skim milk remaining in Class II and Class III at all such plants, the pounds of such excess shall be subtracted from the pounds of skim milk remaining in Class I-A milk and Class I-B milk after such proration at the pool plants at which such other source milk was received.

(iii) Except as provided in subparagraph (ii) of this paragraph, should the computations pursuant to subparagraph (i) or (ii) of this paragraph result in a quantity of skim milk to be subtracted from Class II and Class III combined that exceeds the pounds of skim milk remaining in such classes, the pounds of skim milk in Class II and Class III combined shall be increased (increasing as necessary Class III and then Class II to the extent of available utilization in such classes at the nearest other pool plant of the handler, and then at each successively more distant pool plant of the handler) by an amount equal to such excess quantity to be subtracted, and the pounds of skim milk in Class I-A milk and Class I-B milk combined shall be decreased by a like amount, pro rata to remaining utilization in each such class. In such case, the pounds of skim milk remaining in each class at this allocation step at the handler's other pool plants shall be adjusted in the reverse direction by a like amount.

(iv) Except as provided in subparagraph (ii) of this paragraph, should the computations pursuant to subparagraph (i) or (ii) of this paragraph result in a quantity of skim milk to be subtracted from Class I-A milk or Class I-B milk that exceeds the pounds of skim milk remaining in that class, the pounds of skim milk in such class shall be increased by an amount equal to such excess quantity to be subtracted, and the pounds of skim milk in Class II and Class III combined shall be decreased by a like amount (decreasing as necessary Class III and then Class II). In such case, the pounds of skim milk remaining in each class at this allocation step at the handler's other pool plants shall be adjusted in the reverse direction by a like amount in sequence beginning with the nearest other pool plant of such handler at which Class I-A or Class I-B utilization is available.

(16) If the plant at which assignment is being made is a plant from which 50 percent or more of the gross receipts of skim milk and butterfat in the form of fluid milk products left the plant in the form of fluid milk products in consumer packages or dispenser inserts and was classified as Class I-A, subtract pro rata from the remaining pounds of skim milk in each class the pounds of skim milk in receipts of fluid milk product from plants in the 401 miles and over freight zone, not defined pursuant to section 20.8(b) or (d) of this Part.

(17) Subtract from the remaining pounds of skim milk in Class I-A milk the pounds of skim milk in remaining receipts from plants (except other order plants) of units the pool status of which has not been established and which receipts have not previously been assigned pursuant to paragraphs (13) and (16) of this subdivision.

(18) Subtract from the remaining pounds of skim milk in each class the pounds of skim milk received in the form of fluid milk products and bulk fluid cream products from other pool plants and from pool units (not previously assigned pursuant to the preamble of this section), in accordance with the classification assigned by the transferee handler subject to the conditions of subparagraphs (i) through (iii) of this paragraph:

(i) The skim milk so assigned to any class of utilization shall be limited to the amount thereof remaining in such class in the transferee plant.

(ii) If the transferor plant received during the month other source milk to be allocated pursuant to paragraph (7) of this subdivision the skim milk so transferred shall be classified so as to allocate the least possible Class I-A or I-B utilization to such other source milk.

(iii) If the transferor handler received during the month other source milk to be allocated pursuant to paragraph (13) of this subdivision, the skim milk so transferred shall not be classified as Class I-A or I-B to a greater extent than would be applicable to a like quantity of such other source milk received at the transferee plant.

(19) Add to the remaining pounds of skim milk in Class I-A the pounds of skim milk received directly from dairy farmers or units which was deducted pursuant to the proviso in the preamble of this section.

(20) If the pounds of skim milk remaining in all classes exceeds the pounds of skim milk in receipts from producers subtract such excess from the pounds of skim milk remaining in each class in series beginning with Class III. Any amount so subtracted shall be know as overage.

(b) Butterfat shall be allocated in accordance with the procedure outlined from skim milk in subdivision (a) of this section.

(c) Combine the amounts of skim milk and butterfat determined pursuant to subdivisions (a) and (b) of this section into one total for each class.

1 CRR-NY 20.46 Rules and regulations {#sec-1-crr-ny-20.46 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.46}

Accounting rules and regulations to effectuate the provisions of sections 20.40 through 20.45 of this Part shall be issued by the market administrator and shall include (but not be limited to) conversion factors to be used in the absence of specific weights and tests, specific definitions of products, specific shrinkage allowances and procedures for determining the quantities of skim milk and butterfat disposed of in specified products. Such rules and regulations shall be made, and may from time to time be amended, by the market administrator in accordance with the procedure set forth in this section; provided, that at any time upon a determination by the commissioner that an emergency exists which requires the immediate adoption of rules and regulations, the market administrator may issue, with the approval of the commissioner, temporary rules and regulations without regard to the following procedure: provided further, that if any interested person makes written request for the issuance, amendment or repeal of any rule, the market administrator shall within 30 days either issue notice of meeting pursuant to subdivision (a) of this section or deny such request and, except in affirming a prior denial or where the denial is self-explanatory, shall state the grounds for such denial; provided further, that if the market administrator finds it necessary to promulgate formal rules with respect to units, he shall follow the procedure set forth in this section.

(a) All proposed rules and regulations and amendments thereto shall be the subject of a meeting called by the market administrator at which time all interested persons shall have opportunity to be heard. Notice of such meeting shall be given by the market administrator, and a copy of the proposed rules and regulations shall be sent at least five days prior to the date of the meeting to all handlers operating pool plants. A stenographic record shall be made at all such meetings and such record shall be public information available for inspection at the office of the market administrator.

(b) A period of at least five days after the meeting held pursuant to subdivision (a) of this section shall be allowed for the filing of briefs. Such briefs shall be public information available for inspection at the office of the market administrator.

(c) Not later than 30 days after a meeting held pursuant to subdivision (a) of this section, the market administrator shall issue and send, to all handlers operating pool plants and pool units, the tentative rules and regulations or amendments thereto relating to the issues considered at such meeting, or a tentative notice that no rules or regulations or amendments thereto are to be issued prior to further consideration at another meeting. The tentative rules and regulations, or tentative notice, together with copies of the stenographic record and briefs, shall also at the same time be forwarded by the market administrator to the commissioner.

(d) Not later than 30 days after issuance by the market administrator, the commissioner shall either approve the tentative rules and regulations or tentative notice as issued, or direct the market administrator to reconsider. In the latter event, the market administrator shall within 30 days either issue revised tentative rules and regulations or tentative notice, or call another meeting pursuant to subdivision (a) of this section.

(e) The tentative rules and regulations and amendments thereto or tentative notice issued pursuant to subdivision (c) of this section shall be effective as of the first of the month following approval by the commissioner, but not sooner than 10 days after issuance by the market administrator.

1 CRR-NY 20.47 [Repealed] {#sec-1-crr-ny-20.47 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.47}

1 CRR-NY 20.49 [Repealed] {#sec-1-crr-ny-20.49 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.49}

MINIMUM PRICES MINIMUM PRICES

1 CRR-NY 20.50 Class prices {#sec-1-crr-ny-20.50 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.50}

For pool milk received during each month from dairy farmers or cooperative associations of producers, each handler shall pay per hundredweight not less than the prices set forth in this section, subject to the differentials and adjustments in sections 20.51 and 20.81 of this Part. Any handler who purchases or receives milk during any month from a cooperative association of producers but does not operate the plant or the unit receiving this milk from producers shall pay the cooperative association on or before two days before the last day of the month if paid by check, or the last day of the month if paid in cash or cash equivalent, at not less than the lowest class price pursuant to this section for the preceding month for milk received from such cooperative during the first 15 days of the month, and shall pay the cooperative association on or before the 15th day of the following month the balance due for milk received during the month from such cooperative at not less than the class prices pursuant to this section subject to the differentials and adjustments set forth in sections 20.52 and 20.81 of this Part applicable at the plant at which the milk is first received from the cooperative association. Such payments to a cooperative association shall be deemed not to have been made until the payments have been received by the cooperative association.

(a) Class I-A price.

For Class I-A milk the Class I price in the 201-210 mile freight zone shall be the basic formula price for the second preceding month plus $2.42. The differential value in the 1-10 mile freight zone shall be $3.14.

(b) Class I-B price.

For Class I-B milk the price shall be the price for Class I-A milk.

(c) Class II price.

The Class II price shall be the basic formula price for the second preceding month plus $0.30.

(d) Class III price.

Subject to the adjustment set forth below for the applicable month, the Class III price shall be the basic formula price for the month.

| Month | Amount | | --- | --- | | January | +$.03 | | February | + .02 | | March | − .05 | | April | − .09 | | May | − .12 | | June | − .11 | | July | +$.03 | | August | + .10 | | September | + .06 | | October | + .06 | | November | + .06 | | December | + .06 |

(e) Class III-A price.

The Class III-A price for the month shall be the average Central States nonfat dry milk price for the month, as reported by the department, less 12.5 cents, times an amount computed by subtracting from nine an amount calculated by dividing.4 by such nonfat dry milk price, plus the butterfat differential times 35 and rounded to the nearest cent, and subject to the adjustments set forth in subdivision (d) of this section for the applicable month.

1 CRR-NY 20.50a [Renumbered] {#sec-1-crr-ny-20.50a omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.50a}

1 CRR-NY 20.51 Basic formula price {#sec-1-crr-ny-20.51 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.51}

The basic formula price shall be the preceding month's average pay price for manufacturing grade milk in Minnesota and Wisconsin using the "base month" series, as reported by the United States Department of Agriculture, adjusted to a 3.5 percent butterfat basis using the butterfat differential for the preceding month computed pursuant to section 20.81 of this Part and rounded to the nearest cent, plus or minus the change in gross value yielded by the butter-nonfat dry milk and cheddar cheese product price formula computed pursuant to subdivisions (a) through (e) of this section.

(a) The gross values of per hundredweight of milk used to manufacture butter-nonfat dry milk and cheddar cheese shall be computed, using price data determined pursuant to subdivision (b) of this section and annual yield factors, for the preceding month and separately for the current month as follows:

(1) The gross value of milk used to manufacture butter-nonfat dry milk shall be the sum of the following computations:

(i) multiply the Grade AA butter price by 4.27; and

(ii) multiply the nonfat dry milk price by 0.42.

(2) The gross value of milk used to manufacture, cheddar cheese shall be the sum of the following computations:

(i) multiply the cheddar cheese price by 9.87: and

(ii) multiply the Grade A butter price by 0.238.

(b) The following product prices shall be used pursuant to subdivision (a) of this section:

(1) Grade AA butter price. Grade AA butter price means the simple average for the month of the Chicago Mercantile Exchange, Grade AA butter price, as reported by the United States Department of Agriculture.

(2) Nonfat dry milk price. Nonfat dry milk price means the simple average for the month of the western nonfat dry milk low medium heat price, as reported by the United States Department of Agriculture.

(3) Dry buttermilk price. Dry buttermilk price means the simple average for the month of the western dry buttermilk price, as reported by the United States Department of Agriculture.

(4) Cheddar cheese price. Cheddar cheese price means the simple average for the month of the National Cheese Exchange 40-pound block cheddar cheese price, as reported by the United States Department of Agriculture.

(5) Grade A butter price. Grade A butter price means the simple average for the month of the Chicago Mercantile Exchange Grade A butter price, as reported by the United States Department of Agriculture.

(c) Determine the amounts by which the gross value per hundredweight of milk used to manufacture butter-nonfat dry milk and the gross value per hundredweight of milk used to manufacture cheddar cheese for the current month exceed or are less than the respective gross values for the preceding month.

(d) Compute weighting factors to be applied to the changes in gross values determined pursuant to subdivision (c) of this section by determining the relative proportion that the data included in each of the following paragraphs is of the total of the data represented in paragraphs (1) and (2) of this subdivision:

(1) combine the total nonfat dry milk production for the states of Minnesota and Wisconsin, as reported by the United States Department of Agriculture, for the most recent preceding period, and divide by the annual yield factor for nonfat dry milk, 8.07, to determine the quantity (in hundredweights) of milk used in the production of butter-nonfat dry milk; and

(2) combine the total American cheese production for the states of Minnesota and Wisconsin, as reported by the United States Department of Agriculture, for the most recent reporting period, and divide by the annual yield factor for cheddar cheese, 9.87 to determine the quantity (in hundredweights) of milk used in the production of American cheese.

(e) Compute a weighted average of the changes in gross values per hundredweight of milk determined pursuant to subdivision (c) of this section in accordance with the relative proportions of milk determined pursuant to subdivision (d) of this section.

1 CRR-NY 20.52 Transportation differentials {#sec-1-crr-ny-20.52 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.52}

The class prices set forth in section 20.50 of this Part shall be subject to a transportation differential determined in accordance with subdivisions (a) through (e) of this section.

(a) The market administrator shall determine a freight zone for each pool plant and each partial pool plant. Such freight zone shall be the shortest highway mileage from the plant to the nearest of the following points as computed by the market administrator from data contained in Mileage Guide No. 5, without supplements, issued on July 20, 1949, effective August 21, 1949, by the Household Goods Carriers' Bureau, Agent, Washington, D.C.: Mount Vernon or Yonkers in the State of New York; Tenafly, Glen Ridge, East Orange, Elizabeth, Hackensack, Hillside, Irvington or Passaic in the State of New Jersey. The freight zone for plants located in New York City, Nassau and Suffolk Counties in the State of New York, or in Essex, Hudson and Union Counties in the State of New Jersey, shall be in the 1- to 10-mile zone. The market administrator shall publicly announce the freight zones for pool plants.

(b) The market administrator shall determine and publicly announce a freight zone for each minor civil division (township, borough, incorporated village or city) within which farms included in a pool or partial pool unit are located by computing the shortest highway mileage distance from the nearest point in the minor civil division to the nearest point specified in subdivision (a) of this section, using the mileage guide specified in such subdivision supplemented by U.S. Geological Survey maps. In states where the smallest governmental unit except for incorporated cities or villages is the county, a zone for the county shall be determined in the same manner as for minor civil divisions. The zone for each farm shall be the zone of the minor civil division or county in which the farm is located.

(c) The differential rates applicable at plants shall be as set forth in the following schedule:

| A | B | C | | --- | --- | --- | | | Classes I–A | Classes II, | | Freight zone (miles) | and I–B | III and III–A | | | (cents per cwt) | (cents per cwt) | | | | | | 1–10 | +72.0 | +8 | | 11–20 | +69.5 | +8 | | 21–25 | +67.0 | +8 | | 26–30 | +67.0 | +7 | | 31–40 | +64.5 | +7 | | 41–50 | +62.0 | +7 | | 51–60 | +59.5 | +6 | | 61–70 | +57.0 | +6 | | 71–75 | +32.5 | +6 | | 76–80 | +32.5 | +5 | | 81–90 | +30.0 | +5 | | 91–100 | +27.5 | +5 | | 101–110 | +25.0 | +4 | | 111–120 | +22.5 | +4 | | 121–125 | +20.0 | +4 | | 126–130 | +20.0 | +3 | | 131–140 | +17.5 | +3 | | 141–150 | +15.0 | +3 | | 151–160 | +12.5 | +2 | | 161–170 | +10.0 | +2 | | 171–175 | + 7.5 | +2 | | 176–180 | + 7.5 | +1 | | 181–190 | + 5.0 | +1 | | 191–200 | + 2.5 | +1 | | 201–210 | 0.0 | 0 | | 211–220 | − 2.5 | 0 | | 221–230 | − 5.0 | 0 | | 231–240 | − 7.5 | −0 | | 241–250 | −10.0 | −0 | | 251–260 | −12.5 | −0 | | 261–270 | −15.0 | −0 | | 271–280 | −17.5 | −0 | | 281–290 | −20.0 | −0 | | 291–300 | −22.5 | −0 | | 301–310 | −25.0 | −0 | | 311–320 | −27.5 | −0 | | 321–330 | −30.0 | −0 | | 331–340 | −32.5 | −0 | | 341–350 | −35.0 | −0 | | 351–360 | −37.5 | −0 | | 361–370 | −40.0 | −0 | | 371–380 | −42.5 | −0 | | 381–390 | −45.0 | −0 | | 391–400 | −47.5 | −0 |

(d) The differential rate applicable to each pool unit or partial pool unit shall be computed each month as follows: multiply the volume of pool milk received from farms in each zone by the rate for that zone as set forth in the schedule in subdivision (c) of this section, add the resulting values for all zones of the unit, divide such sum by the total volume of milk received by the unit and round to the nearest 0.5 cent. Rates shall be computed separately for columns B and C of such schedule.

(e) In the event that a plant in the 401 miles and over freight zone becomes a pool plant, a 10-mile zone shall be determined for such plant and for each farm in any pool unit delivering to such plant. The column B differentials in subdivision (c) of this section shall be extended at the same rate as provided in such column or such plant or unit; provided, that in no case shall such differential cause the class price or the uniform price for such plant or unit to be less than the Class III price for such plant or unit; provided further, that farms or units delivering to such plant shall be deemed to be in the same zone as the plant.

1 CRR-NY 20.53 Producer-handler price differential {#sec-1-crr-ny-20.53 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.53}

For skim milk and butterfat received from a handler who is a producer-handler under this or any other order and is assigned to Class I-A pursuant to section 20.45(a)(7)(iii) of this Part, the transferee handler shall pay a differential equal to the difference between the Class I-A price and the Class III price both appropriately adjusted for differentials pursuant to section 20.52 of this Part.

1 CRR-NY 20.54 Use of equivalent price or index {#sec-1-crr-ny-20.54 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.54}

If for any reason a price or index specified by this Part for use in computing class prices or other purposes is not reported or published in the manner therein described, the market administrator shall use a price or index determined by the Secretary to be equivalent to or comparable with the price or index specified.

1 CRR-NY 20.55 Transportation credit on bulk unit pool milk {#sec-1-crr-ny-20.55 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.55}

For pool milk received by a handler in a pool or partial pool unit, a transportation credit at the rate of 15 cents per hundredweight shall be computed.

1 CRR-NY 20.56 Announcement of class prices and producer butterfat differential {#sec-1-crr-ny-20.56 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.56}

The market administrator shall announce publicly on or before the fifth day of each month the following:

(a) the Class I price for the following month applicable at the 201-210 mile zone and at the 1-10 mile zone;

(b) the Class II price for the following month applicable at the 201-210 mile zone and at the 1-10 mile zone;

(c) the Class III and Class III-A prices for the preceding month applicable at the 201-210 mile zone and at the 1-10 mile zone;

(d) the producer butterfat differential for the preceding month;

(e) the basic formula price for the preceding month, pursuant to section 20.51 of this Part, as reported, by the United States Department of Agriculture;

(f) the average price per hundredweight for manufacturing grade milk, f.o.b. plants in Wisconsin and Minnesota, using the "base month" series, for the second preceding month, as reported by the United States Department of Agriculture;

(g) the average price per pound, of Grade A (92-score) butter, at the Chicago Mercantile Exchange, for the preceding month, as reported by the United States Department of Agriculture; and

(h) the average price per pound, of nonfat dry milk, f.o.b. western area, for the preceding month, as reported by the United States Department of Agriculture.

DETERMINATION OF UNIFORM PRICE DETERMINATION OF UNIFORM PRICE

1 CRR-NY 20.60 Net pool obligation of handlers {#sec-1-crr-ny-20.60 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.60}

Each handler's net pool obligation for milk received at each plant and unit shall be computed separately pursuant to subdivisions (a) through (d) of this section and then combined into one total to be adjusted by any credit applicable pursuant to subdivision (e) of this section to determine the handler's total net pool obligation.

(a) Multiply the quantity of milk in each class remaining after the computation pursuant to paragraph (a)(19) of section 20.45 of this Part and the corresponding step of subdivision (b) of section 20.45 by the applicable class price adjusted by the applicable differential pursuant to section 20.52 of this Part.

(b) For each partial pool plant or partial pool unit, multiply the quantity of pool milk in each class by the applicable class price adjusted by the applicable differential pursuant to section 20.52 of this Part.

(c) Deduct, in the case of each plant or unit nearer than the 201- to 210-mile zone and add, in the case of each plant or unit farther than the 201- to 210-mile zone, the sum obtained by multiplying the quantity of pool milk received from dairy farmers by the differential in column B of subdivision (c) of section 20.52 of this Part applicable at the plant and the weighted average column B differential computed pursuant to subdivision (d) of section 20.52 applicable to the unit.

(d) Add the amounts computed in paragraphs (1) through (4) of this subdivision:

(1) Multiply the pounds of overage deducted from each class pursuant to paragraph (a)(19) of section 20.45 of this Part and the corresponding step of subdivision (b) of section 20.45 by the applicable class price adjusted by the differentials pursuant to sections 20.52 and 20.81 of this Part.

(2) Multiply the pounds of skim milk and butterfat in receipts of nonfluid milk products subtracted from Class I-A pursuant to section 20.45(a)(8)(i) of this Part and the corresponding step of section 20.45(b) of this Part and the pounds of skim milk and butterfat specified in section 20.44(d)(3)(vii) of this Part by the difference between the Class I-A and Class III prices, each adjusted by the applicable differential pursuant to section 20.52 of this Part.

(3) Multiply the pounds of skim milk and butterfat in receipts of nonfluid milk products assigned to Class I pursuant to section 20.40(c) of this Part by the difference between the Class I price less $1 (but not to be less than the Class III price) and the Class III price, both adjusted by the applicable differential pursuant to section 20.52 of this Part. Alternatively, the handler may, with respect to such receipts of nonfluid milk products processed from producer milk regulated under another Federal order, elect to make payment to the producer-settlement fund of the other order at the difference between the Class I price applicable under the other order at the location of the plant where the nonfluid milk products were processed (but not to be less than the Class III price) and the Class III price. This payment option shall apply only if a majority of the total milk received at the plant that processed the nonfluid milk products is regulated under or more Federal orders and payment may only be made to the producer-settlement fund of the order pricing a plurality of the milk used to produce the nonfluid milk products. This payment option shall not apply if the source of the nonfluid milk products used in reconstituted fluid milk products cannot be determined by the market administrator.

(4) Multiply the quantity of skim milk and butterfat in receipts of concentrated fluid milk products from plants other than those defined in section 20.8(b) or (d) of this Part or as a producer-handler and which are assigned to Class I pursuant to section 20.40(c) of this Part or which are subtracted from Class I-A pursuant to section 20.45(a)(8)(i) of this Part and the corresponding step of section 20.45(b) of this Part by the Class I price, adjusted by the applicable differential pursuant to section 20.52 of this Part.

(5) Multiply the producer-handler price differential by the pounds of skim milk and butterfat subtracted from Class I-A pursuant to subparagraph (a)(7)(ii) of section 20.45 of this Part and the corresponding step of subdivision (b) of section 20.45 of this Part.

(6) Multiply the difference between the Class III price for the preceding month and the Class I-A price or the Class II price, as the case may be, for the current month, both applicable at the location of the nearest plant or unit from which an equivalent quantity of Class III milk was received in the preceding month, by the pounds of skim milk and butterfat subtracted from Class I-A and Class II pursuant to paragraph (a)(10) of section 20.45 of this Part and the corresponding step of subdivision (b) of section 20.45 of this Part.

(e) For pool plants that transfer bulk concentrated fluid milk products to other pool plants and other order plants, add or subtract the amount per hundredweight of any class price change from the previous month that results from any inventory reclassification of bulk concentrated fluid milk products that occurs at the transferee plant. Any such applicable class price change shall be applied to the plant that used the concentrated milk in the event that the concentrated fluid milk products were made from bulk unconcentrated fluid milk products received at the plant during the prior month.

(f) Deduct any credit applicable pursuant to section 20.55 of this Part.

1 CRR-NY 20.61 Computation of the uniform price {#sec-1-crr-ny-20.61 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.61}

The market administrator shall, on or before the 14th day of each month, audit for mathematical correctness and obvious errors the report submitted for the preceding month by each handler. If the unreserved cash balance in the producer settlement fund to be included in the computation is less than two cents per hundredweight of pool milk on all reports, the report of any handler who has not made payment of the last monthly pool debt account rendered pursuant to section 20.71 of this Part shall not be included in the computation of the uniform price. The report of such handler shall not be included in the computation for succeeding months until he has made full payment of outstanding monthly pool debts. Subject to the aforementioned conditions, the market administrator shall compute the uniform price in the following manner:

(a) Combine into one total the net pool obligations of all handlers computed pursuant to section 20.60 of this Part.

(b) Subtract the total of payments required to be made pursuant to section 20.77 of this Part.

(c) Subtract an amount computed by multiplying the quantity of pool milk delivered directly from farms to pool plants and partial pool plants that was not put into a tank truck prior to such delivery, by a rate per hundredweight that is equal to the rate specified in section 20.55 of this Part.

(d)-(e) [Reserved]

(f) Add the amount of unreserved cash in the producer settlement fund.

(g) Subtract an amount equal to not less than eight cents nor more than nine cents per hundredweight of pool milk and receipts of concentrated fluid milk products for which a payment obligation is computed pursuant to section 20.60(d)(4) of this Part to provide against the contingency of errors in reports and payments or of delinquencies in payments by handlers.

(h) Divide the result obtained in subdivision (g) of this section by the total pounds of pool milk delivered by dairy farmers and the total pounds of concentrated fluid milk products for which a payment obligation is computed pursuant to section 20.60(d)(4) of this Part. The result shall be known as the uniform price.

1 CRR-NY 20.65 [Repealed] {#sec-1-crr-ny-20.65 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.65}

1 CRR-NY 20.66 [Repealed] {#sec-1-crr-ny-20.66 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.66}

1 CRR-NY 20.67 [Repealed] {#sec-1-crr-ny-20.67 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.67}

PRODUCER SETTLEMENT FUND AND ITS OPERATION PRODUCER SETTLEMENT FUND AND ITS OPERATION

1 CRR-NY 20.70 Producer settlement fund {#sec-1-crr-ny-20.70 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.70}

The market administrator shall establish and maintain a separate fund known as the “producer settlement fund” into which he shall deposit all payments and out of which he shall make all payments pursuant to sections 20.72 through 20.77 of this Part. All amounts subtracted under section 20.61(d), inclusive of interest earned thereon, shall remain therein as an obligated balance until it is withdrawn for the purpose of effectuating section 20.61(e) of this Part.

1 CRR-NY 20.71 Handler's accounts {#sec-1-crr-ny-20.71 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.71}

The market administrator shall establish an account for each handler who is required to make payments to the producer settlement fund or who received payments from the producer settlement fund. After computing the uniform price and each handler's pool debit or credit each month, and at such times as he deems appropriate, the market administrator shall render each handler a statement of his account showing the debit or credit balance, together with all debits or credits entered on such handler's account since the previous statement was rendered; provided, that the handler operating a pool plant receiving milk from a partial pool plant or partial pool unit without producers as defined in section 20.6 of this Part, or from a partial pool plant in the 401 miles or over freight zone, shall be responsible for the debit or credit arising on milk so received and for the payment of the administration assessment pursuant to section 20.85 of this Part on such milk.

1 CRR-NY 20.72 Payments to the producer settlement fund {#sec-1-crr-ny-20.72 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.72}

On or before the 16th day of each month, each handler shall make full payment to the market administrator of the debit balance, if any, of such handler shown on the last statement of account rendered pursuant to section 20.71 of this Part. Payments to the market administrator shall be deemed not to have been made until such payments have been received by the market administrator. If the date by which such payments must be received by the market administrator falls on a Saturday or Sunday or a national holiday, such payments shall not be due until the next day that the market administrator's office is open for public business.

1 CRR-NY 20.73 Payments out of the producer settlement fund {#sec-1-crr-ny-20.73 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.73}

(a) On or before the 17th day of each month, the market administrator shall make payment to each handler of the credit balance, if any, of such handler shown on the last statement of account rendered pursuant to section 20.71 of this Part. If the date by which such payments are to be made falls on a Saturday or Sunday or a national holiday, such payments need not be made until the next day that the market administrator's office is open for public business. If payments to the producer settlement fund under section 20.72 of this Part were delayed because the due date fell on a Saturday or Sunday or a national holiday, payments under this paragraph may be delayed by the same number of days.

(b) If the balance in the producer settlement fund is insufficient to make the full payment required under subdivision (a) of this section, the market administrator shall reduce uniformly the payments to each handler and shall complete such payments as soon as the necessary funds are available. No handler who, on the 20th day of the month, has not received such payments in full from the market administrator shall be deemed to be in violation of sections 20.80 through 20.82 of this Part if he reduces his total payments to producers for milk delivered by such producers during the preceding month by not more than the amount of the reduction in payment from the producer settlement fund.

1 CRR-NY 20.74 Handler's pool debit or credit {#sec-1-crr-ny-20.74 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.74}

After computing the uniform price for each month, the market administrator shall compute each handler's pool debit or credit as follows:

(a) Add the amounts computed as follows:

(1) multiply the quantity of pool milk received by each handler from dairy farmers by the uniform price;

(2) multiply the quantity of pool milk received by the handler at a pool plant or partial pool plant directly from farms that was not put into a tank truck prior to delivery by a rate per hundredweight that is equal to the rate specified in section 20.55 of this Part; and

(3) multiply the quantity of concentrated fluid milk products for which a payment obligation is computed pursuant to section 20.60(d)(4) of this Part by the uniform price.

(b) If the result obtained in subdivision (a) of this section is less than the handler's net pool obligation, the difference shall be entered on the handler's producer settlement fund account as such handler's pool debit.

(c) If the result obtained in subdivision (a) of this section is greater than the handler's net pool handler's pool credit.

1 CRR-NY 20.75 Adjustments of errors in payments {#sec-1-crr-ny-20.75 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.75}

Whenever verification by the market administrator of reports or payments of any handler discloses errors made in payments to or from the producer settlement fund, the market administrator shall debit the handler's producer settlement fund account for any unpaid amount. Whenever verification discloses that payment is due from the market administrator to any handler, the market administrator shall credit the handler's producer settlement fund account for any such amount.

1 CRR-NY 20.76 Charges on overdue accounts {#sec-1-crr-ny-20.76 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.76}

Any unpaid obligation of a handler pursuant to sections 20.72 and 20.85 of this Part shall be increased one percent on the first day after the due date of such obligation and on the same day of each succeeding month until such obligation is paid.

1 CRR-NY 20.77 Cooperative payments for marketwide services {#sec-1-crr-ny-20.77 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.77}

Payments shall be made to qualified cooperatives or to federations under the conditions, in the manner, and at the rates set forth in this section.

(a) Definitions.

As used in this section the following terms shall have the following meanings:

(1) Cooperative means a cooperative association of producers which is duly incorporated under the cooperative corporation laws of a State; is qualified under the Capper-Volstead Act (7 U.S.C. 291 et seq.); has all its activities under the control of its members; and has full authority in the sale of its members' milk.

(2) Federation means a federation of cooperatives which is duly incorporated under the laws of a State.

(3) Federated cooperatives means a cooperative which is a member of a federation and on whose membership the federation is an applicant for or receives payments under paragraph (f)(2) of this section.

(4) Affiliated cooperatives means a cooperative upon whose entire membership another cooperative, by mutual consent, is an applicant for or receives payments under paragraph (f)(2) of this section.

(5) Member producer means, when used with respect to a cooperative or federation which is an application for or is receiving payments, is a producer as defined in section 20.6 of this Part who has met the following conditions:

(i) he is a member of the cooperative or one of its affiliated cooperatives, or in the case of a federation, he is a member of one of its federated cooperatives from whom the cooperative, affiliated cooperative, or federated cooperative is receiving at least one cent per hundredweight of milk delivered by him; provided, that the cooperative of which he is a member is meeting the requirements of this Part applicable to it;

(ii) he has been a producer, or his farm, as defined in section 20.10 of this Part, had been the farm of a producer for at least a prior 12-month period; and

(iii) he has not for a prior 12-month period been a member producer of another cooperative or federation provided, that in the case of membership transfers resulting from mergers of designated organizations, or from affiliation, federation or merger of cooperatives nor previously meeting the definition of paragraph (3) or (4) of this subdivision, this subdivision shall not apply.

(6) Marketwide services means services performed by cooperatives of federations, as defined herein, which benefit all producers in the marketing of their milk under this order; such services are not limited to those specified in paragraphs (e)(1) through (6) this section and may include services directly or indirectly related to the order.

(b) Designated cooperatives and federations.

A cooperative or federation may submit an application to the market administrator for payments under the provisions of this section or for modification of the basis of a previous designation. In accordance with the requirements of the rules and regulations issued by the market administrator, such application shall include a written description of the applicant's program for the performance of marketwide services, including evidence that adequate facilities and personnel will be maintained by it so as to enable it to perform the marketwide services; and the application shall contain a statement by the applicant that it will perform the required marketwide services for which it is applying for payments; provided, that in the case of an application for modification of the basis for a previous designation the market administrator may waive the requirement for submission of the written description of the programs. The application shall set forth all necessary data so as to enable the market administrator to determine whether it meets the designation requirements with respect to the payments for which the application is submitted. An application shall be approved by the market administrator only if he determines that:

(1) In the case of a cooperative:

(i) it has as member producers not less than 15 percent of all producers as defined in section 20.6 of this Part;

(ii) it has contracts with each of its affiliated cooperatives under which the cooperatives agree to continue as affiliated cooperatives for at least one year, and such contracts cover or will be renewed for a yearly period for every subsequent year for which member producers of the affiliated cooperative are to be included within its membership for cooperative payment purposes;

(iii) it receives from each of its affiliated cooperatives not less than one cent per hundredweight of milk deliverd by member producers of such cooperatives; and

(iv) if the application is also for an additional payment under paragraph (f)(3) of this section, the cooperative or its affiliated cooperatives operate marketing facilities, i.e., pool plants and pool bulk tank units, at which is received at least 25 percentum, by weight, of all milk delivered by its member producers; and, in addition, the cooperative or its affiliated cooperatives control processing facilities capable of handling at least 10 percentum, by weight, of all milk marketed by its member producers: provided, that such processing facilities must be capable of handling not less than one million pounds of milk daily: provided further, that the cooperative must be willing to accept nonmember milk on a temporary basis under the generally prevailing conditions for acceptance of milk from its own members.

(2) In the case of federation:

(i) it has contracts with each of its federated cooperatives under which the cooperatives agree to remain in the federation for at least one year, and such contracts cover or will be renewed for a yearly period for every subsequent year for which the federated cooperatives are to included within the membership of the federation for cooperative payment purposes;

(ii) it has as member producers not less than 15 percent of all producers, as defined in section 20.6 of this Part;

(iii) it receives from each of its federated cooperatives not less than one cent per hundredweight of milk delivered by member producers of such cooperative;

(iv) if the application is also for an additional payment under paragraph (f)(4) of this section, the federation or its federated cooperatives operate marketing facilities, i.e., pool plant(s) and pool bulk tank(s), at which is received at least 25 percentum, by weight, of the milk marketed by its member producers; and, in addition, the federation or its federated cooperatives control processing facilities capable of handling at least 10 percentum, by weight, of all milk marketed by its member producers: provided, that such processing facilities must be capable of handling not less than one million pounds of milk daily: provided further, that the federation must be willing to accept nonmember milk on a temporary basis under the generally prevailing conditions for such acceptance of milk from its own members.

(3) The applicant cooperative or federation demonstrates that is has the ability to perform the marketwide services for which application is made, and that such services will be performed.

(4) The applicant cooperative or the federated cooperatives of an applicant federation are in no way precluded from arranging for the utilization of milk under their respective control so as to yield the highest available net return to all producers without displacing an equivalent quantity of other producer milk in the preferred classification.

(c) Notice of designation or denial; effective date.

Upon determination by the market administrator that a cooperative or a federation shall be designated to receive payment for performance of the marketwide services, he shall transmit such determination to the applicant cooperative or federation and publicly announce the issuance of the determination. The determination shall be effective with respect to milk delivered on and after the first day of the month following issuance of the determination. If, after consideration of an application for payments for marketwide services, the market administrator determines that the cooperative or federation is not qualified to receive such payments he shall promptly notify the applicant and specifically set forth in such notice his reasons for denial of the application.

(d) Requirements for continued designation.

From time to time and in accordance with the rules and regulations which may be issued by the market administrator, each designated cooperative or federation must demonstrate to the market administrator that is continues to meet the designation requirements for the payments and is fully performing the marketwide services for which it is being paid.

(e) Marketwide services.

Each cooperative or federation shall perform the marketwide services enumerated in this paragraph. Such services shall include:

(1) analyzing milk marketing problems and their solutions, conducting market research and maintaining current information as to all market developments, preparing and assembling statistical data relative to prices and marketing conditions, and making an economic analysis of all such data;

(2) determining the need for the formulation of amendments to the order and proposing such amendments or requesting other appropriate action by the commissioner or the market administrator in the light of changing conditions;

(3) participating in proceedings with respect to amendments to the order, including the preparation and presentation of evidence at public hearings, the submission of appropriate briefs and exceptions, and also participating, by voting or otherwise, in the referenda relative to amendments;

(4) participating in the meetings called by the market administrator, such as meetings with respect to rules and regulations issued under the order, including activities such as the preparation and presentation of data at such meetings and briefs for submission thereafter;

(5) conducting a comprehensive education program among producer— i.e., members and nonmembers of cooperatives—and keeping such producers well informed for participation in the activities under the regulatory order and, as a part of such program, issuing publications that contain relevant data and information about the order and its operation, and the distribution of such publications to members and, on the same subscription basis, to nonmembers who request it, and holding meetings at which members and nonmembers may attend;

(6) in the case of a cooperative or federation which receives an additional payment under paragraph (f)(3) or (4) of this section, operating marketing facilities, or having affiliated cooperatives or federated cooperatives that operate marketing facilities, i.e., pool plant(s) and pool bulk tank unit(s), at which is received at least 25 percentum, by weight, of the milk marketed by its member producers; and in addition, controls, or having affiliated cooperatives or federated cooperatives that control processing facilities capable of handling at least 10 percentum, by weight, of the milk marketed by its member producers: provided, that such processing facilities must be capable of handling at least one million pounds of milk daily: provided further, that the cooperative or federation must be willing to accept nonmember milk on a temporary basis under the generally prevailing conditions for such acceptance of milk of its own members; and

(7) performing such other services as are needed to maintain satisfactory marketing conditions and promote market stability.

(f) Rate, computation, time, and method of payment.

(1) Subject to the provisions of subdivision (g) of this section, the market administrator, on or before the 20th day of each month, shall make payment out of the producer-settlement fund, or issue equivalent credit therefore, to each cooperative or federation which is designated for such payments for marketwide services. The payments to a cooperative or federation shall be based upon the milk reported by cooperative or proprietary handlers to have been received during the preceding month from its member producers, subject to adjustment upon verification by the market administrator.

(2) Such payment or credit shall be at the rate of three cents per hundredweight of milk in accordance with paragraph (1) of this subdivision.

(3) Any cooperative that operates marketing facilities or whose affiliated cooperatives operate marketing facilities, i.e., pool plant(s) and pool bulk tank unit(s), at which is received at least 25 percentum, by weight, of the milk marketed by its member producers, and, in addition, controls, or has affiliated cooperatives that control, processing facilities capable of handling, at least 10 percentum, by weight, of the milk marketed by its member producers but not less than one million pounds of milk daily shall receive a payment in addition to that provided for in paragraph (2) of this subdivision of one cent per hundredweight of all milk marketed by member producers in accordance with paragraph (1) of this subdivision.

(4) Any federation that operates marketing facilities, or whose federated cooperatives operate marketing facilities, i.e., pool plant(s) and pool bulk tank unit(s), at which is received at least 25 percentum, by weight, of the milk marketed by its member producers, and, in addition, controls or whose federated cooperatives control, processing facilities capable of handling at least 10 percentum of the milk marketed by its member producers but not less than one million pounds daily, shall receive a payment, in addition to the payment provided for in paragraph (2) of this subdivision, of one cent per hundredweight of all milk marketed by member producers in accordance with paragraph (1) of this subdivision.

(5) If an individually designated cooperative is affiliated with a federation, the cooperative payment shall be made to such cooperative unless its contract with the federation specified in writing that the federation is to receive the payments. Any such contract must authorize the federation to receive the payments for at least one year, and such agreement must cover or be renewed for a yearly period for every subsequent year for which the federation is to receive the payments.

(g) Cancellation of designation.

(1) The market administrator shall issue an order wholly or partly canceling the designation of a previously designated cooperative or federation for payments authorized pursuant to this section and such payments shall not thereafter be made to it if he determines that:

(i) the cooperative or federation no longer complies with the requirements of this Part: provided, that if one of its affiliated or federated cooperatives has failed to comply with the requirements of this Part applicable to it or has failed, promptly after demand by the market administrator, to arrange for the utilization of milk under its control so as to yield the highest available net return to all producers without displacing an equivalent quantity of other producer milk in the preferred classification, the cooperative or federation shall be disqualified only to the extent that its qualification for payments or the amount of its payment are based upon the membership, milk, or operations of such noncomplying affiliated or federated cooperatives.

(ii) the cooperative or federation has failed to make reports or furnish records pursuant to this section or pursuant to rules and regulations issued by the market administrator; or

(iii) in the case of the cooperative, it has failed, promptly after demand by the market administrator, to arrange for the utilization of milk under its control so as to yield the highest available net return to all producers without displacing an equivalent quantity of other producer milk in the preferred classification.

(2) An order of the market administrator wholly or partly canceling the designation of a cooperative or federation shall not be issued until after the cooperative or federation has had opportunity for hearing thereon following not less than 15 days' notice to it specifying the reasons for the proposed cancellation. If the cooperative or federation fails to file a written request for hearing with the market administrator within such period of 15 days, the market administrator may issue an order of cancellation without further notice; but if within such period a request for hearing is filed, the market administrator shall promptly proceed to hold such hearing pursuant to rules and regulations issued by him under subdivision (i) of this section.

(3) A cancellation order issued by the market administrator shall set forth the findings and conclusions on the basis of which it is issued.

(h) Appeals.

(1) From denials of application. Any cooperative or federation whose application for designation has been denied by the market administrator may, within 30 days after notice of such denial, file with the commissioner a written petition for review. But the failure to file such petition shall not bar the cooperative or federation from again applying to the market administrator for designation.

(2) From cancellation orders. A cancellation order by the market administrator shall become final 30 days after its service on the cooperative or federation unless within such 30-day period the cooperative or federation files a written petition with the commissioner for review thereof. If such petition for review is filed, payments for which the cooperative or federation has been canceled by the order shall be held in reserve by the market administrator pending ruling of the commissioner after which the sums so held in reserve shall either be returned to the producer-settlement fund or paid over to the cooperative or federation depending on the commissioner's ruling on the petition. If such petition for review is not filed, any payments which otherwise would be made within the 30-day period following issuance of the cancellation order shall be held in reserve until such order becomes final and shall then be returned to the producer-settlement fund.

(3) Record on appeal. If an appeal is taken under paragraph (1) or (2) of this subdivision, the market administrator shall promptly certify to the commissioner the ruling or order appealed from and the evidence upon which it was issued: provided, that if a hearing was held the complete record thereof, including the applications, petitions and all exhibits or other documentary material submitted in evidence shall be the record so certified. Such certified material shall constitute the sole record upon which the appeal shall be decided by the commissioner.

(i) Regulations.

The market administrator is authorized to issue regulations and amendments thereto to effectuate the provisions of this section and to facilitate and implement the administration of its provisions. Such regulations shall be issued in accordance with the following procedure:

(1) All proposed rules and regulations and amendments thereto shall be the subject of a meeting called by the market administrator, at which all interested persons shall have opportunity to be heard. Not less than five days prior to the meeting, notice thereof and of the proposed regulations or amendments shall be published in the Federal Register and mailed to qualified cooperatives and federations. A stenographic record shall be made at such meetings which shall be public information and be available for inspection at the office of the market administrator.

(2) A period of a least five days after the meeting shall be allowed for the filing of briefs.

(3) All regulations and amendments thereto issued by the market administrator pursuant to this section must be submitted in tentative form to the commissioner for approval, shall not be effective without such approval, and shall be published in the Federal Register following such approval. The regulations or amendments in tentative form shall be forwarded also to cooperatives and federations designated under this section and to other persons upon request in writing. The commissioner shall either approve the regulations or amendments thereto submitted by the market administrator or direct the market administrator to reconsider the tentative rules or amendments. In the event the market administrator is directed to give reconsideration to the matter, the market administrator shall either issue revised tentative regulations or amendments or call another meeting pursuant to this section for additional consideration of the rules or amendments.

(j) Reports and records.

Each designated cooperative or federation shall, in accordance with rules and regulations issued by the market administrator:

(1) After submission to the market administrator for verification, make a public report of its performance of marketwide services pursuant to this section, including data on its receipts and expenditure of cooperative payments funds and a description of the marketwide services performed. The report shall contain a certification by the market administrator that the report is, to the best of his knowledge, accurate and in accordance with the rules and regulations which he has established.

(2) Submit an annual report to the market administrator which shall include:

(i) a concise report of its performance of marketwide services and allocations of expenditures to such performance for the previous year; and

(ii) an outline of its proposed program and budget for performance of marketwide services for the coming year.

(3) Make such additional reports to the market administrator as may be requested by him for the administration of the provisions of this section.

(4) Maintain and make available to the market administrator or his representative such records as will enable the market administrator to verify such reports.

(k) Notices, demands, orders, etc.

All notices, demands, orders or other papers required by this section to be given to or served upon a cooperative or federation shall be deemed to have been given or served as of the time when mailed to the last known secretary of the cooperative or federation at his last known address.

1 CRR-NY 20.79 [Repealed] {#sec-1-crr-ny-20.79 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.79}

PAYMENT BY HANDLERS DIRECTLY TO PRODUCERS PAYMENT BY HANDLERS DIRECTLY TO PRODUCERS

1 CRR-NY 20.80 Time and rate of payments {#sec-1-crr-ny-20.80 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.80}

(a) On or before the last day of the month, each handler shall make payment to each producer for milk received from such producer during the first 15 days of the month at not less than the lowest class price for the preceding month.

(b) On or before the 20th day of the month, each handler shall make payment, pursuant to subdivisions (c), (d), (e), (f) and (g) of this section, to each producer for the balance due for all milk received from such producer during the preceding month at not less than the uniform price for such month, subject to the following adjustments:

(1) appropriate differentials set forth in sections 20.81 and 20.82 of this Part;

(2) proper deductions for the month that were authorized in writing by producers from whom the handler received milk (except as specified in paragraph [a][3] of this section);

(3) for milk received in a bulk tank unit and for which transportation was provided by the handler or at his expense, there may be deducted, as proper and as authorized in writing by the producer, or by a cooperative association authorized to act on behalf of such producer, a tank truck service (transportation) charge. This charge may include any farm-to-first-plant transportation costs for which the handler was not reimbursed through the transportation credit pursuant to section 20.55 of this Part, but such charge shall be reduced by the amount that the class use location value of milk at the plant of first receipt exceeds its class use location value where the milk was accounted for as a receipt in the bulk tank unit from which the milk was transferred. Any such deduction, plus the transportation credit, and plus the amount of the increase in class use location value of the milk at the plant compared to the unit, shall not exceed the actual transportation costs incurred. Any such deduction must be made by the handler not later than the date on which the producer is required to be paid for such milk. If authorization for such deduction is canceled by the producer or by the cooperative by notifying the handler in writing, such cancellation shall be effective on the first day of the month following its receipt by the handler; and

(4) for pool milk delivered directly, from a farm to a pool plant or a partial pool plant, that was not put into a tank truck prior to such delivery, the handler shall pay to the producer an additional amount computed by multiplying the quantity of such milk by a rate per hundredweight that is equal to the rate specified in section 20.55 of this Part.

(c) Upon receipt of a written request from a cooperative association which the market administrator determines is authorized by its producer-members to collect payment for their milk, each handler, or before two days before payments are due to individual producers if paid by check, or the same day such payments are due to individual producers if paid in cash or cash equivalent, shall pay the cooperative association for milk received during the month from the producer-members of such association, an amount equal to not less than the total amount otherwise due such producer-members as determined pursuant to subdivisions (a) and (b) of this section.

(d) Each handler which is also a cooperative marketing association, determined by the Secretary to be qualified under the Capper-Volstead Act with respect to producers who are members of and under contract with such association, may make distribution, in accordance with the contract between the association and such members, of the net proceeds of all its sales in all markets in all use classifications.

(e) Whenever verification by the market administrator of the payment to any producer or cooperative association of producers for milk delivered to any handler discloses payment of less than is required by this Part, the handler shall make up such payment to the producer or cooperative association of producers not later than the time of making payment next following such disclosure.

(f) If a handler claims that he cannot make the required payment because the producer is deceased or cannot be located, or because the cooperative association or its lawful successor or assignee is no longer in existence, such payment shall be made to the producer settlement fund, and in the event that the handler subsequently locates and pays the producer or a lawful claimant, or in the event that the handler no longer exists and a lawful claim is later established, the market administrator shall make such payment from the producer settlement fund to the handler or to the lawful claimant as the case may be.

(g) If not later than the date when such payment is required to be made, legal proceedings have been instituted by the handler for the purpose of administrative or judicial review of the market administrator's findings upon verification as provided above, such payment shall be made to the producer settlement fund and shall be held in reserve until such time as the above-mentioned proceedings have been completed or until the handler submits proof to the market administrator that the required payment has been made to the producer or association of producers, in which latter event the payment shall be refunded to the handler.

1 CRR-NY 20.81 Butterfat differential {#sec-1-crr-ny-20.81 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.81}

The butterfat differential for the adjustment of prices as specified in this Part shall be plus or minus for each one tenth of one percent of butterfat above or below three and five-tenths percent an amount computed as follows: round to nearest one-tenth cent, 0.138 times the current month's butter price less 0.0028 times the preceding month's average pay price per hundredweight, at test, for manufacturing grade milk, in Minnesota and Wisconsin using the "base month" series adjusted pursuant to section 20.51 (a) through (e) of this Part, as reported by the United States Department of Agriculture. The butter price means the simple average for the month of the Chicago Mercantile Exchange, Grade A butter price as reported by the United States Department of Agriculture.

1 CRR-NY 20.82 Transportation differentials {#sec-1-crr-ny-20.82 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.82}

The transportation differential shall be plus or minus the appropriate differential shown in column B of the schedule in section 20.52(c) of this Part for the zone of the plant to which the milk is delivered or, in the case of farms included in units, the zone of the township in which the milk is received.

1 CRR-NY 20.83 [Renumbered] {#sec-1-crr-ny-20.83 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.83}

1 CRR-NY 20.84 [Renumbered] {#sec-1-crr-ny-20.84 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.84}

EXPENSE OF ADMINISTRATION EXPENSE OF ADMINISTRATION

1 CRR-NY 20.85 Payment by handlers {#sec-1-crr-ny-20.85 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.85}

As his pro rata share of the expense of administration of this Part, each handler shall, on or before the date specified for making payment to the producer settlement fund pursuant to section 20.72 of this Part, pay to the market administrator a sum not exceeding five cents per hundredweight on the total quantity of pool milk received from dairy farmers at plants or from farms in a unit operated by such handler, directly or at the instance of a cooperative association of producers and on the quantity for which payment is made pursuant to section 20.60(d)(2), (3) and (4) of this Part, the exact amount to be determined by the market administrator subject to review by the Secretary. This section shall not be deemed to duplicate any similar payment by any handler under an order issued by the Commissioner of Agriculture and Markets of the State of New York, or the Director of the Division of Dairy Industry of the New Jersey Department of Agriculture, with respect to the marketing area. Whenever verification by the market administrator discloses an error in the payment made by any handler, such error shall be adjusted not later than the date next following such disclosure on which payments are due pursuant to this section.

1 CRR-NY 20.86 [Repealed] {#sec-1-crr-ny-20.86 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.86}

1 CRR-NY 20.87 [Repealed] {#sec-1-crr-ny-20.87 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.87}

1 CRR-NY 20.88 [Repealed] {#sec-1-crr-ny-20.88 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.88}

1 CRR-NY 20.89 [Repealed] {#sec-1-crr-ny-20.89 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.89}

1 CRR-NY 20.90 [Renumbered] {#sec-1-crr-ny-20.90 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.90}

1 CRR-NY 20.91 [Repealed] {#sec-1-crr-ny-20.91 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.91}

1 CRR-NY 20.92 to 20.94 to 20.94 [Repealed] {#sec-1-crr-ny-20.92-to-20.94 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.92 to 20.94}

1 CRR-NY 20.95 [Repealed] {#sec-1-crr-ny-20.95 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.95}

1 CRR-NY 20.96 to 20.98 to 20.98 [Repealed] {#sec-1-crr-ny-20.96-to-20.98 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 20.96 to 20.98}

Part 21 WESTERN NEW YORK MILK MARKETING AREA—OFFICIAL ORDER NO. 127

DEFINITIONS DEFINITIONS

1 CRR-NY 21.1 Statute {#sec-1-crr-ny-21.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.1}

Statute means the Agriculture and Markets Law, as amended.

1 CRR-NY 21.2 Commissioner {#sec-1-crr-ny-21.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.2}

Commissioner means the Commissioner of Agriculture and Markets of the State of New York.

1 CRR-NY 21.3 Western New York Milk Marketing Area {#sec-1-crr-ny-21.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.3}

Western New York Milk Marketing Area means all territory, including government institutions or reservations, within the Counties of Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Seneca, Wayne and Wyoming; the Townships of Freedom and Yorkshire in Cattaraugus County; the Townships of Alfred, Almond, Burns, Centerville, Granger, Grove and Hume in Allegany County; the City of Hornell, and the Townships of Avoca, Bath, Bradford, Canisteo, Cohocton, Dansville, Fremont, Pulteney, Hartsville, Hornellsville, Howard, Prattsburg, Urbana, Wayland, Wayne and Wheeler in Steuben County; the Townships of Conquest, Montezuma, Sterling and Victory in Cayuga County; the Townships of Italy, Middlesex and Potter in Yates County; all located in the State of New York and all hereinafter called the marketing area.

1 CRR-NY 21.4 [Repealed] {#sec-1-crr-ny-21.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.4}

1 CRR-NY 21.5 Federal Milk Marketing Order {#sec-1-crr-ny-21.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.5}

Federal Milk Marketing Order means an order issued by the Secretary of Agriculture of the United States, pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937 as amended, regulating the handling of milk in an area described in such order.

1 CRR-NY 21.6 Person {#sec-1-crr-ny-21.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.6}

Person means any individual, partnership, corporation, association or other business unit, and shall be deemed to include broker, agent, cooperative corporation and unincorporated cooperative association.

1 CRR-NY 21.7 Producer {#sec-1-crr-ny-21.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.7}

Producer means any person, including members of any cooperative association, who delivers milk of his own production to a pool plant or whose milk is diverted by a marketer to a designated diversion plant pursuant to section 21.17 of this Part.

1 CRR-NY 21.8 Route disposition {#sec-1-crr-ny-21.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.8}

Route disposition means any delivery of a fluid milk product from a plant to a retail or wholesale outlet (including any delivery through a distribution depot, by a vendor, from a plant store or through a vending machine), except any delivery to a plant.

1 CRR-NY 21.9 Marketer {#sec-1-crr-ny-21.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.9}

Marketer means any person who purchases or handles or sells milk produced or received by him or by another marketer from producers; provided, that any person who sells or moves into the marketing area as route disposition fluid milk products obtained from sources other than producers or pool plants shall be deemed to be a marketer with respect to such sales or movements.

1 CRR-NY 21.10 Types of cooperatives {#sec-1-crr-ny-21.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.10}

(a) Cooperative association means a cooperative association of milk producers which the commission determines:

(1) is incorporated pursuant to the provisions of the Cooperative Corporations Law of New York State or pursuant to similar laws of other states;

(2) is duly licensed pursuant to the provisions of article 21 of the Agriculture and Markets Law;

(3) has full authority in the sale of its members' milk and is engaged in making collective sales of or marketing milk or milk products for its members; and

(4) has its entire organization and all of its activities under the control of its members.

(b) Bargaining cooperative means a cooperative association of milk producers which causes the milk of its members to be delivered to marketers' plants and upon which milk such marketers have made the reports and payments required by this order.

(c) Collecting cooperative means a cooperative association of milk producers which causes the milk of its members to be delivered to marketers' plants and collects payments therefor.

(d) Operating cooperative means a cooperative association of milk producers which is a collecting cooperative and, in addition, operates a pool plant in the marketing area where milk may be received and handled.

1 CRR-NY 21.11 Plant {#sec-1-crr-ny-21.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.11}

Plant means the land, buildings and processing equipment, not including trucks used to transport milk, constituting a single operating unit for the receiving, handling or processing of milk or milk products.

1 CRR-NY 21.12 Types of plants {#sec-1-crr-ny-21.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.12}

(a) Pool plant means a plant, other than a pool plant pursuant to a Federal Milk Marketing Order, where milk is received from producers, is approved by a health authority for the processing of fluid milk for distribution in any part of the marketing area, and which meets the requirement of paragraph (1) or (2) of this subdivision.

(1) At least 50 percent of the milk received from producers and as transfers of bulk milk from other plants during the month is processed at the plant and disposed of as route disposition of fluid milk products in the marketing area or as transfers of packaged fluid milk products to pool plants.

(2) A plant which meets the requirement of paragraph (1) of this subdivision during any month shall remain a pool plant until the second consecutive month in which it fails to meet such requirement.

(b) Nonpool plant means a plant other than a pool plant pursuant to this Part from which fluid milk products are distributed or otherwise sold as route disposition in the marketing area.

(c) Diversion plant means a plant other than a pool plant designated by the commissioner pursuant to section 21.17 of this Part to which milk may be diverted by direct delivery from farms of producers in bulk farm tank trucks.

1 CRR-NY 21.13 Bulk farm tank truck {#sec-1-crr-ny-21.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.13}

Bulk farm tank truck means a truck used to transport milk in bulk from the farms of producers to plants.

1 CRR-NY 21.14 Bargaining agency {#sec-1-crr-ny-21.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.14}

Bargaining agency means the Western New York Cooperative Milk Producers' Bargaining Agency, Inc.

1 CRR-NY 21.15 Fiscal agent {#sec-1-crr-ny-21.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.15}

Fiscal agent means such trust company as may be designated by the commissioner.

1 CRR-NY 21.16 Milk and milk products {#sec-1-crr-ny-21.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.16}

(a) Fluid milk product means:

(1) that except as provided in paragraph (2) of this subdivision, any milk products in fluid or frozen form containing less than 9 percent butterfat and 6.5 percent or more nonfat solids or 2.25 percent or more true milk protein that are in bulk or are packaged, distributed and intended to be used as beverages. Sources of such nonfat solids/protein include but are not limited to: casein, whey protein concentrate, milk protein concentrate, dry whey, caseinates, lactose, and any similar dairy derived ingredient. Such products include, but are not limited to: milk, fat-free milk, lowfat milk, light milk, reduced fat milk, milk drinks, eggnog, and cultured buttermilk, including any such beverage products that are flavored, cultured, modified with added or reduced nonfat milk solids, sterilized, concentrated, or reconstituted. As used in this paragraph, the term concentrated milk means milk that contains not less than 25.5 percent and not more than 50 percent total milk solids.

(2) The term fluid milk product shall not include:

(i) any product that contains less than 6.5 percent nonfat milk solids and contains less than 2.25 percent true milk protein; whey; plain or sweetened evaporated milk/skim milk, sweetened condensed milk/skim milk; yogurt containing beverages with 20 or more percent yogurt by weight and kefir; products especially prepared for infant feeding or dietary use (meal replacement) that are packaged in hermetically sealed containers; and products that meet the compositional standards specified in paragraph (1) of this subdivision but contains no fluid milk products included in paragraph (1) of this subdivision;

(ii) the quantity of skim milk equivalent in any modified product specified in paragraph (1) of this subdivision that is greater than an equal volume of an unmodified product of the same nature and butterfat content.

(b) Fluid cream product means cream (other than plastic cream or frozen cream), including sterilized cream or a mixture of cream and milk or skim milk containing 9.0 percent or more butterfat with or without the addition of other ingredients.

(c) Pool milk means:

(1) Except as provided in paragraph (2) of this subdivision, any skim milk and butterfat in milk received directly at a pool plant from producers (including milk from the marketer's own farm or a municipal farm which is not exempt from pooling) or which the marketer diverts by direct delivery from the farms of producers to a designated diversion plant. All milk received pursuant to this paragraph shall be priced at the location of the plant where it is first physically received.

(2) Pool milk shall not include:

(i) milk of producers diverted in excess of the limits prescribed in section 21.17 of this Part; and

(ii) milk of producers assigned pursuant to section 21.34(a)(7), (8) and (b)(7), (8) of this Part.

(d) Exempt milk is a quantity not to exceed 1,500 quarts daily which was produced by the marketer and processed, packaged and sold as route distribution and/or which was used on such farm and any quantity received from a farm owned and operated by a municipal corporation to the extent that an equal quantity of milk is returned to and used by such municipal corporation.

(e) Other source milk means all skim milk and butterfat contained in or represented by:

(1) receipts in the form of fluid milk products from any source other than receipts of pool milk from producers or other plants;

(2) receipts in the form of fluid cream products; and

(3) receipts in a form other than a fluid milk product or fluid cream product (including those produced at the plant during a prior month) which are reprocessed, converted or combined with another product during the month, or for which the marketer fails to establish a disposition.

1 CRR-NY 21.17 Diversion of pool milk {#sec-1-crr-ny-21.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.17}

Milk may be diverted from a pool plant(s) by direct delivery from the farms of producers by bulk farm tank trucks to diversion plants designated by the commissioner pursuant to subdivision (a) of this section, and shall be deemed to be pool milk within the limits provided in subdivision (b) of this section. Diverted milk shall be priced at the location of the plant to which diverted.

(a) Designation of a diversion plant may be made by the commissioner upon application by a marketer operating a pool plant or a collecting cooperative. Such application may be denied or the designation of diversion plant rescinded by the commissioner upon a finding by him, after hearing, that such diversion is or would be disruptive of orderly marketing conditions in this or any other market, or that the conditions of diversion specified in paragraphs (1) through (5) of this subdivision are not being met.

(1) The marketer diverting the milk shall operate a pool plant during the month or be a collecting cooperative which has arranged to make the reports and payments with respect to the milk of producers.

(2) The bulk farm tank truck used for diverting such milk shall be owned and operated by or under contract to said marketer.

(3) The marketer shall report each month to the commissioner with respect to milk of producers delivered to a diversion plant, the identity of the producers, their affiliation, and the pounds of milk of each producer so diverted, including milk diverted in excess of the limits provided in subdivision (b) of this section.

(4) The milk diverted from the farms of producers to diversion plants and which is pool milk is classified in accordance with the provisions of sections 21.30 through 21.34 of this Part and the marketer responsible for diverting such milk makes the payments required pursuant to sections 21.60 through 21.68 of this Part.

(5) The operator of the diversion plant to which milk of producers is diverted maintains and makes available to the commissioner all records necessary for an accurate determination of the quantity and utilization of pool milk diverted to said plant.

(b) The quantity of milk of producers which a marketer operating a pool plant or a collecting cooperative may divert to designated diversion plants as pool milk during each of the months of September through February, and which is classified as other than Class I milk, shall not exceed 70 percent of the total milk of producers received at or diverted from pool plants for the account of such marketer or collecting cooperative; provided, that with respect to any marketer or collecting cooperative which as of April 15, 1988 has permission to divert milk pursuant to section 21.16 of this Part as in effect on said date, the quantity of milk of producers which such marketer or cooperative may divert to designated diversion plants as pool milk in each such month, and which is classified as other than Class I milk, shall not exceed the above percentage limitation or eight million pounds per month, whichever is greater.

1 CRR-NY 21.18 Commercial food processing establishment {#sec-1-crr-ny-21.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.18}

Commercial food processing establishment means any facility other than a milk plant, to which fluid milk products and fluid cream products are disposed of that uses such receipts as ingredients in food products and has no disposition of fluid milk products or fluid cream products other than those received in consumer-type packages (one gallon or less).

1 CRR-NY 21.19 [Repealed] {#sec-1-crr-ny-21.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.19}

REPORTS AND RECORDS OF MARKETERS REPORTS AND RECORDS OF MARKETERS

1 CRR-NY 21.20 Reports of receipts and utilization {#sec-1-crr-ny-21.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.20}

Each marketer shall report monthly so that the commissioner receives the report on or before the 10th day after the end of the month, in the detail and on the prescribed forms, as follows. The commissioner shall audit for mathematical correctness and obvious errors the reports that are submitted.

(a) Each marketer operating a pool plant shall report for each of its operations the following information:

(1) product pounds, pounds of butterfat, pounds of protein, and pounds of nonfat solids other than protein (other solids) contained in or represented by:

(i) receipts of producer milk, including producer milk diverted by the reporting marketer, from sources other than a collecting cooperative which receives milk for its account from the farm of a producer and delivers to pool plants or diverts to nonpool plants; and

(ii) receipts of milk from any collecting cooperative which receives milk for its own account from the farm of a producer and delivers to pool plants or diverts to nonpool plants;

(2) product pounds and pounds of butterfat contained in:

(i) receipts of fluid milk products and bulk fluid cream products from other pool plants, from nonpool plants where receipts represent pool milk and receipts of exempt milk;

(ii) receipts of other source milk; and

(iii) inventories at the beginning and end of the month of fluid milk products and bulk fluid cream products;

(3) the utilization of disposition of all milk and milk products required to be reported pursuant to this subdivision; and

(4) such other information with respect to the receipts and utilization of skim milk, butterfat, milk protein, and other nonfat solids as the commissioner may prescribe.

(b) Each marketer, other than those reporting pursuant to subdivision (a) or (c) of this section, shall report with respect to such plant in the same manner as prescribed for reports required by subdivision (a) of this section and such information as the commissioner may require to calculate and verify payments described in section 21.51(b)(2) of this Part. Receipts of milk that would have been producer milk if the plant had been fully regulated shall be reported in lieu of producer milk. The report shall show also the quantity of any reconstituted skim milk in route disposition in the marketing area.

(c) Each collecting cooperative that receives milk for its account from the farm of a producer and delivers to pool plants or diverts to nonpool plants shall report the following information unless the cooperative and operator of a pool plant notify the commissioner prior to the time that milk is delivered to the pool plant that the operator of the pool plant shall report the information pursuant to subdivision (a) of this section.

(1) The product pounds, pounds of butterfat, pounds of protein, and the pounds of solids-not-fat other than protein (other solids) contained in receipts of milk from producers.

(2) The utilization or disposition of such receipts.

(d) Each marketer not specified in subdivision (a), (b) or (c) of this section shall report with respect to its receipts and utilization of milk and milk products in such manner as the commissioner may prescribe.

1 CRR-NY 21.21 Reports to collecting cooperatives {#sec-1-crr-ny-21.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.21}

Marketers purchasing from collecting or operating cooperatives shall also make reports in the manner and form prescribed in section 21.20 to such collecting or operating cooperatives on or before the 5th day of each month with respect to milk received during the preceding month.

1 CRR-NY 21.22 Marketer responsibility for records and facilities {#sec-1-crr-ny-21.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.22}

Each marketer shall maintain and retain records of its operations and make such records and facilities available to the commissioner. If adequate records of a marketer, or of any other persons, that are relevant to the obligation of such marketer are not maintained and made available, any skim milk and butterfat required to be reported by such marketer for which adequate records are not available shall be considered as used in the highest-priced class.

(a) Records to be maintained.

(1) Each marketer shall maintain records of its operations (including, but not limited to, records of purchases sales, processing, packaging and disposition) as are necessary to verify whether such marketer has any obligation under the order and if so, the amount of such obligation. Such records shall be such as to establish for each plant or other receiving point for each month:

(i) the quantities of skim and butterfat contained in, or represented by, products received in any form, including inventories on hand at the beginning of the month, according to form, time and source of each receipt;

(ii) the utilization of all skim milk and butterfat showing the respective quantities of such skim milk and butterfat in each form disposed of or on hand at the end of the month; and

(iii) payments to producers, dairy farmers, and cooperative associations, including the amount and nature of any deductions and the disbursement of money so deducted.

(2) Each marketer shall keep such other specific records as the commissioner deems necessary to verify or establish such marketer's obligation under the order.

(b) Availability of records and facilities. Each marketer shall make available all records pertaining to such marketer's operations and all facilities the commissioner finds are necessary to verify the information required to be reported by the order and/or to ascertain such marketer's reporting, monetary, or other obligation under the order. Each marketer shall permit the commissioner to weigh, sample and test milk and milk products and observe plant operations and equipment and make available to the commissioner such facilities as are necessary to carry out his or her duties.

(c) Retention of records. All records required under the order to be made available to the commissioner shall be retained by the marketer for a period of three years to begin at the end of the month to which such records pertain. If, within such three-year period, the commissioner notifies the marketer in writing that the retention of such records, or of specified records, is necessary in connection with a proceeding related to this order or a court action specified in such notice, the marketer shall retain such records, or specified records, until further written notification from the commissioner. The commissioner shall give further written notification to the handler promptly upon the termination of the litigation or when the records are no longer necessary in connection therewith.

1 CRR-NY 21.23 [Repealed] {#sec-1-crr-ny-21.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.23}

1 CRR-NY 21.24 [Repealed] {#sec-1-crr-ny-21.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.24}

1 CRR-NY 21.25 [Repealed] {#sec-1-crr-ny-21.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.25}

1 CRR-NY 21.26 [Repealed] {#sec-1-crr-ny-21.26 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.26}

1 CRR-NY 21.27 [Repealed] {#sec-1-crr-ny-21.27 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.27}

1 CRR-NY 21.28 [Repealed] {#sec-1-crr-ny-21.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.28}

1 CRR-NY 21.29 [Repealed] {#sec-1-crr-ny-21.29 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.29}

CLASSIFICATION OF MILK CLASSIFICATION OF MILK

1 CRR-NY 21.30 Basis of classification {#sec-1-crr-ny-21.30 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.30}

(a) The skim milk and butterfat required to be reported by each marketer as set forth in section 21.20 of this Part shall be classified each month pursuant to the provisions of sections 21.31 through 21.34. If any of the water contained in the milk from which a product is made is removed before the product is utilized or disposed of by a marketer, the pounds of skim milk used or disposed of in such product shall be considered an amount equivalent to the nonfat milk solids contained in such products plus all the water originally associated with such solids.

(b) Skim milk and butterfat contained in receipts of bulk concentrated fluid milk and nonfluid milk products that are reconstituted for fluid use shall be assigned to Class I use, up to the reconstituted portion of labeled reconstituted fluid milk products, on a pro rata basis (except for any Class I use of specific concentrated receipts that is established by the marketer) prior to any assignments under section 21.34 of this Part. Any remaining skim milk and butterfat in concentrated receipts shall be assigned to uses under section 21.34 of this Part on a pro rata basis, unless a specific use of such receipts is established by the marketer.

(c) Skim milk and butterfat contained in bulk inventory of fluid milk and fluid cream products at the end of the month at a plant other than a pool plant shall be classified to the lowest class of utilization at the plant or to such classification assigned by a Federal Milk Marketing Order.

(d) Any skim milk used in ultra-pasteurized or aseptically processed and packaged fluid milk products shall be allocated in combination with Class I milk and the quantity of producer milk eligible to be priced shall be limited to available Class I producer milk classified pursuant to section 21.34(a) of this Part.

1 CRR-NY 21.31 Classes of utilization {#sec-1-crr-ny-21.31 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.31}

Subject to the conditions set forth in sections 21.30 and 21.32 through 21.34 of this Part, the classes of utilization shall be as follows:

(a) Class I milk shall be all skim milk and butterfat:

(1) utilized and disposed of as a fluid milk product in packaged form;

(2) moved to a plant as a fluid milk product in bulk form where it is utilized or allocated as Class I milk, which in the case of movements to a nonpool plant not regulated by a Federal order shall be a quantity of fluid milk products not less than that distributed as route disposition in the marketing area from such plant;

(3) contained in inventory of packaged fluid milk products on hand at the end of the month;

(4) in shrinkage assigned pursuant to section 21.32 of this Part; and

(5) not specifically accounted for as Class II, III or IV milk.

(b) Class II milk shall be all skim milk and butterfat:

(1) moved to a plant as a fluid milk product or fluid cream product in bulk form where it is utilized or allocated as a Class II product; and

(2) in fluid milk products in containers larger than one gallon and fluid cream products disposed of to any commercial food processor if the commissioner is permitted to audit the records of the commercial food processing establishment for the purpose of verification; otherwise such use shall be Class I; and

(3) used to produce:

(i) cottage cheese, lowfat cottage cheese, dry curd cottage cheese, ricotta cheese, pot cheese, creole cheese, and any similar soft, high-moisture cheese resembling cottage cheese in form or use;

(ii) milkshake and ice milk mixes (or bases), frozen desserts, and frozen dessert mixes distributed in one-quart containers or larger and intended to be used in soft or semi-solid form;

(iii) frozen cream, aerated cream, sour cream, sour half and half, sour cream mixtures containing nonmilk items, yogurt, and any other semi-solid product resembling a Class II product;

(iv) custards, puddings, pancake mixes, buttermilk biscuit mixes, coatings and other buttermilk for baking that contains food starch in excess of 2 percent of the total solids, batter and similar products;

(v) any concentrated milk product in bulk fluid form other than that specified in paragraphs (c)(1) and (d)(5) of this section;

(vi) candy, soup, bakery products and other prepared foods which are processed for general distribution to the public and intermediate products including sweetened condensed milk, to be used in processing such prepared food products;

(vii) formulas especially prepared for infant feeding or dietary use (meal replacement) that are packaged in hermetically sealed containers; and

(viii) a fluid cream product or any product containing artificial fat or fat substitutes that resembles a fluid cream product, except as otherwise provided in subdivision (c) of this section; and

(4) in shrinkage classified as Class II pursuant to section 21.32 of this Part.

(c) Class III milk shall be all skim milk and butterfat:

(1) used to produce:

(i) cream cheese and other spreadable cheese, and hard cheese of types that may be shredded, grated, or crumbled, and are not included in subparagraph (b)(3)(i) of this section;

(ii) plastic cream, anhydrous milkfat and butteroil; and

(iii) any concentrated milk product in bulk form that is used to produce a Class III product.

(2) moved to a plant as a fluid milk or fluid cream product in bulk form where it is utilized or allocated as Class III milk;

(3) in shrinkage classified as Class III pursuant to section 21.32 of this Part.

(d) Class IV milk shall be all skim milk and butterfat:

(1) used to produce:

(i) butter;

(ii) evaporated or sweetened condensed milk in a consumer-type package; and

(iii) any milk product in dried form;

(2) in inventory at the end of the month of fluid milk products and fluid cream products in bulk form;

(3) skim milk represented by the nonfat solids added to a fluid milk product for fortification which is in excess of the volume included within the fluid milk product definition of section 21.16(a) of this Part;

(4) moved to a plant as a fluid milk or fluid cream product in bulk form where it is utilized or allocated as Class IV milk;

(5) any concentrated milk product in bulk form that is used to produce a Class IV product;

(6) any shrinkage classified as Class IV pursuant to section 21.32 of this Part; and

(7) any product not otherwise specified in this section.

(e) Skim milk and butterfat used in any product described in this section that is dumped, used for animal feed, destroyed, or lost by a marketer in a vehicular accident, flood, fire, or similar occurrence beyond the marketer's control shall be assigned to the lowest priced class for the month to the extent that the quantities destroyed or lost can be verified from records satisfactory to the commissioner.

1 CRR-NY 21.32 Classification of shrinkage {#sec-1-crr-ny-21.32 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.32}

Shrinkage shall be classified at each pool plant as follows:

(a) Compute the total shrinkage of skim milk and butterfat, respectively.

(b) Such shrinkage shall be assigned pro rata to each class of use in accordance with the respective volumes of skim milk and butterfat actually accounted for in each class, except that the shrinkage assigned to each class shall not exceed two percent of the skim milk and butterfat, respectively, in such class and any excess thereof shall be assigned to the highest class available at the plant.

1 CRR-NY 21.33 Responsibility of marketers and the reclassification of milk {#sec-1-crr-ny-21.33 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.33}

(a) All skim milk and butterfat shall be Class I milk unless the marketer who first received such skim milk and butterfat, including that diverted as pool milk or otherwise moved to any other plant, satisfies the commissioner that such skim milk and butterfat should be classified otherwise.

(b) Any skim milk or butterfat shall be reclassified if verification by the commissioner discloses that the original classification was incorrect.

1 CRR-NY 21.34 Allocation of skim milk and butterfat classified {#sec-1-crr-ny-21.34 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.34}

The classification of pool milk received from producers by each marketer operating a pool plant and each collecting cooperative which has arranged to make the reports and payments with respect to the milk of producers, shall be determined each month pursuant to subdivisions (a), (b) and (c) of this section.

(a) Skim milk shall be allocated in the following manner:

(1) Subtract from the pounds of skim milk in each class the pounds of skim milk in exempt milk in accordance with the class in which it was used or sold.

(2) Subtract from the remaining pounds of skim milk in Class I milk the pounds of skim milk in packaged fluid milk products received from a plant regulated by a Federal Milk Marketing Order and which are classified and priced as Class I milk.

(3) Subtract from the remaining pounds of skim milk in each class according to its Federal order classification, the pounds of skim milk in fluid milk products in bulk transferred or diverted from plants regulated by a Federal Milk Marketing Order.

(4) Subtract from the remaining pounds of skim milk in Class I milk the pounds of skim milk in inventory of fluid milk products on hand at the beginning of the month which were classified and priced as Class I milk the preceding month.

(5) Subtract from the remaining pounds of skim milk in Class II the pounds of skim milk in products specified in section 21.31(b)(3)(viii) of this Part that were in inventory at the beginning of the month in packaged form or bulk form if used to produce a Class II product, but not in excess of the pounds of skim milk remaining in Class II. (This paragraph only applies if the plant were subject to this provision in the preceding month.)

(6) Subtract from the remaining pounds of skim milk in Class II the pounds of skim milk in other source milk (except that received in the form of a fluid milk product or a fluid cream product) that is used to produce, or added to, any product specified in section 21.31(b) of this Part but not in excess of the pounds of skim milk remaining in Class II.

(7) Subtract from the remaining pounds of skim milk in Class I, the pounds of skim milk in route disposition of fluid milk products outside the marketing area that are not distributed in the marketing area of a Federal milk marketing order, other than that subtracted pursuant to paragraphs (2) and (3) of this subdivision.

(8) Subtract from the remaining pounds of skim milk in series beginning with Class IV the pounds of skim milk in the cream associated with the pounds of fluid milk products subtracted in section 21.34(a)(7) and (b)(7) of this Part. Such associated cream shall be determined by using the Pearson's square method of standardization using the average butterfat test of milk received from producers, a 40 percent butterfat test for cream and the average butterfat test of the fluid milk products in route disposition outside of the marketing area.

(9) Subtract from the pounds of skim milk remaining in each class in series beginning with Class IV milk the pounds of skim milk in other source milk as follows:

(i) receipts in a form other than that of a fluid milk product if not subtracted pursuant to paragraph (5) or (6) of this subdivision; and

(ii) receipts of reconstituted skim milk in fluid milk products which are not classified and priced as Class I milk by a Federal Milk Marketing Order.

(10) Subtract from the pounds of skim milk remaining in Class II, III or IV milk, the remaining pounds of skim milk in receipts of other source milk in the form of fluid milk products which are not classified or priced by a Federal Milk Marketing Order and for which both the transferor and transferee marketers request Class II, III or IV utilization.

(11) Subtract from the pounds of skim milk remaining in each class in series beginning with Class IV milk, the pounds of skim milk in inventory of fluid milk and fluid cream products in bulk on hand at the beginning of the month which were classified and priced as Class IV milk the preceding month.

(12) Subtract pro rata from the pounds of skim milk remaining in each class, the remaining pounds of skim milk in receipts of other source milk in the form of fluid milk products which are not classified or priced by a Federal Milk Marketing Order.

(13) Subtract from the remaining pounds of skim milk in each class, the pounds of skim milk in the form of fluid milk products received from other pool plants and in pool milk received from a nonpool plant in accordance with the classification assigned by the transferee marketer. The skim milk so allocated to each class shall be limited to the amount remaining in such class.

(14) Subtract from the remaining pounds of skim milk in each class, the pounds of skim milk in pool milk received from a collecting cooperative which has arranged to make the reports and payments with respect to the milk of producers in accordance with the classification assigned and agreed upon by the transferor and transferee marketer. The skim milk so allocated to each class is limited to the amount remaining in such class.

(15) If the pounds of skim milk remaining in all classes exceed the pounds of skim milk in pool milk received from producers, subtract such excess from the pounds of skim milk remaining in each class in series beginning with Class IV. Any amount so subtracted shall be known as “overage.”

(b) Butterfat shall be allocated in accordance with the procedure outlined for skim milk in subdivision (a) of this section, except that subparagraph (9)(ii) shall not apply to butterfat.

(c) Combine the amounts of skim milk and butterfat determined pursuant to subdivisions (a) and (b) of this section into one total for each class.

1 CRR-NY 21.35 [Repealed] {#sec-1-crr-ny-21.35 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.35}

1 CRR-NY 21.36 to 21.39 to 21.39 [Repealed] {#sec-1-crr-ny-21.36-to-21.39 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.36 to 21.39}

MINIMUM PRICES MINIMUM PRICES

1 CRR-NY 21.40 Class prices, component prices and advanced pricing factors {#sec-1-crr-ny-21.40 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.40}

Class prices per hundredweight of milk containing 3.5 percent butterfat, component prices, and advanced pricing factors shall be as follows. The prices and pricing factors described in subdivisions (a), (b), (c), (e), (f) and (q) of this section shall be based on a weighted average of the most recent two weekly prices announced by the Agricultural Marketing Service (AMS), United States Department of Agriculture before the 24th day of the month. These prices shall be announced on or before the 23rd day of the month and shall apply to milk received during the following month. The prices described in subdivisions (g)-(o) of this section shall be based on a weighted average for the preceding month of weekly prices announced by AMS on or before the fifth day of the month and shall apply to milk received during the preceding month. The price described in subdivision (d) of this section shall be derived from the Class II skim milk price announced on or before the 23rd day of the month preceding the month to which it applies and the butterfat price announced on or before the fifth day of the month following the month to which it applies.

(a) Class I price. The Class I price per hundredweight, rounded to the nearest cent, shall be.965 times the Class I skim milk price plus 3.5 times the Class I butterfat price.

(b) Class I skim milk price. The Class I skim milk price per hundredweight shall be the adjusted Class I differential specified in section 21.42 of this Part plus the higher of the advanced pricing factors computed in paragraph (q)(1) or (2) of this section.

(c) Class I butterfat price. The Class I butterfat price per pound shall be the adjusted Class I differential specified in section 21.42 of this Part divided by 100, plus the advanced butterfat price computed in paragraph (q)(3) of this section.

(d) The Class II price per hundredweight, rounded to the nearest cent, shall be.965 times the Class II skim milk price plus 3.5 times the Class II butterfat price.

(e) Class II skim milk price. The Class II skim milk price per hundredweight shall be the advanced Class IV skim milk price computed in paragraph (q)(2) of this section plus 70 cents.

(f) Class II nonfat solids price. The Class II nonfat solids price per pound, rounded to the nearest one-hundredth cent, shall be the Class II skim milk price divided by 9. Effective December 1, 2025, the Class II skim milk price shall be divided by 9.3 in place of 9.

(g) Class II butterfat price. The Class II butterfat price per pound shall be the butterfat price plus $.007.

(h) Class III price. The Class III price per hundredweight, rounded to the nearest cent, shall be.965 times the Class III skim milk price plus 3.5 times the butterfat price.

(i) Class III skim milk price. The Class III skim milk price per hundredweight, rounded to the nearest cent, shall be the protein price per pound multiplied by times 3.1 plus the other solids price per pound multiplied by 5.9. Effective December 1, 2025, the protein price per pound shall be multiplied by 3.30 in place of 3.1; and the other solids price per pound by 6.00 in place of 5.9.

(j) Class IV price. The Class IV price per hundredweight, rounded to the nearest cent, shall be.965 times the Class IV skim milk price plus 3.5 times the butterfat price.

(k) Class IV skim milk price. The Class IV skim milk price per hundredweight, rounded to the nearest cent, shall be the nonfat solids price per pound multiplied by 9. Effective December 1, 2025, the Class IV skim milk price shall be multiplied by 9.3 in place of 9.

(l) Butterfat price. The butterfat price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average AMS AA Butter survey price reported by the U.S. Department of Agriculture for the month less 22.72 cents, with the result multiplied by 1.211.

(m) Nonfat solids price. The nonfat solids price per pound, rounded to the nearest one- hundredth cent, shall be the U.S. average AMS nonfat dry milk survey price reported by the U.S. Department of Agriculture for the month less 23.93 cents, with the result multiplied by 0.99.

(n) Protein price. The protein price per pound, rounded to the nearest one-hundredth cent, shall be computed as follows:

(1) the U.S. average AMS survey price for 40-pound block cheddar cheese reported by the U.S. Department of Agriculture for the month;

(2) subtract 25.19 cents from the price pursuant to paragraph (1) of this subdivision and multiply the result by 1.383;

(3) add to the amount computed pursuant to paragraph (2) of this subdivision an amount computed as follows:

(i) subtract 25.19 cents from the price pursuant to paragraph (1) of this subdivision and multiply the result by 1.589;

(ii) subtract 0.91 times the butterfat price computed pursuant to paragraph (1) of this subdivision from the amount computed pursuant to subparagraph (i) of this paragraph; and

(iii) multiply the amount computed pursuant to subparagraph (ii) of this subdivision by 1.17.

(o) Other solids price. The other solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average AMS dry whey survey price reported by the U.S. Department of Agriculture for the month minus 26.68 cents, with the result multiplied by 1.03.

(p) [Reserved]

(q) Advanced pricing factors. For the purpose of computing the Class I skim milk price, the Class II skim milk price, the Class II nonfat solids price, and the Class I butterfat price for the following month, the following pricing factors shall be computed using the weighted average of the two most recent AMS U.S. average weekly survey prices announced before the 24th day of the month:

(1) an advanced Class III skim milk price per hundredweight, rounded to the nearest cent, shall be computed as follows:

(i) following the procedure set forth in subdivisions (n) and (o) of this section, but using the weighted average of the two most recent AMS U.S. average weekly survey prices announced before the 24th day of the month, compute a protein price and an other solids price;

(ii) multiply the protein price computed in subparagraph (i) of this paragraph by 3.1 (effective December 1, 2025, multiply by 3.30 in place of 3.1);

(iii) multiply the other solids price per pound computed in subparagraph (i) of this paragraph by 5.9 (effective December 1, 2025, multiply by 6 in place of 5.9); and

(iv) add the amounts computed in subparagraphs (ii) and (iii) of this paragraph.

(2) An advanced Class IV skim milk price per hundredweight, rounded to the nearest cent shall be computed as follows:

(i) following the procedure set forth in subdivision (m) of this section, but using the weighted average of the two most recent AMS U.S. average weekly survey prices announced before the 24th day of the month, compute a nonfatsolids price; and

(ii) multiply the nonfat solids price computed in subparagraph (i) of this paragraph by 9 (effective December 1, 2025, multiply by 9.30 in place of 9).

(3) An advanced butterfat price per pound, rounded to the nearest one-hundredth cent, shall be calculated by computing a weighted average of the two most recent U.S. average AMS AA Butter survey prices announced before the 24th day of the month, subtracting 22.72 cents from this average, and multiplying the result by 1.211.

(r) Class I extended shelf life (ESL) adjustment.

The Class I ESL adjustment, whether positive or negative, rounded to the nearest cent, shall be computed as follows:

(1) Compute the simple average of the advanced pricing factors computed in paragraphs (q)(1) and (2) of this section.

(2) Add the following:

(i) determine the higher of the advanced pricing factors computed in paragraphs (q)(1) and (2) of this section, for each of the preceding 13 to 36 months;

(ii) calculate the average of the advanced pricing factors computed in paragraphs (q)(1) and (2) of this section, for each of the preceding 13 to 36 months;

(iii) for each of the preceding 13 to 36 months, subtract the amount computed in paragraph (r)(2)(ii) of this section from the amount computed in paragraph (r)(2)(i) of this section; and

(iv) compute the average of the differences computed in paragraph (r)(2)(iii) of this section.

(3) subtract the higher of the advanced pricing factors computed in paragraphs (q)(1) and (2) of this section.

(4) Each month, the commissioner shall compare the Western New York ESL adjustment with that which is announced pursuant to the Federal Milk Marketing Order, Code of Federal Regulations, Title 7, Section 1000.50. If a variance exists, the Commissioner may announce a Federal Order ESL Adjustment to account for discrepancies.

1 CRR-NY 21.41 Class I differential and price {#sec-1-crr-ny-21.41 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.41}

The Class I differential shall be the differential established for Monroe County which is reported in section 21.42(a) of this Part. The Class I price shall be the price computed pursuant to section 21.40(a) of this Part for Monroe County.

1 CRR-NY 21.42 Adjusted Class I differentials {#sec-1-crr-ny-21.42 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.42}

(a) The Class I differential adjusted for location to be used in section 21.40(b) and (c) of this Part shall be as follows:

| County in New York | Differential | | --- | --- | | Allegany | 3.90 | | Cattaraugus | 3.90 | | Cayuga | 3.90 | | Chautauqua | 3.90 | | Erie | 3.90 | | Genesee | 3.90 | | Livingston | 3.90 | | Monroe | 3.90 | | Niagara | 3.90 | | Ontario | 3.90 | | Orleans | 3.90 | | Seneca | 3.90 | | Steuben | 3.90 | | Wayne | 3.90 | | Wyoming | 3.90 | | Yates | 3.90 |

(b) If the location of a plant is not in one of the counties listed in subdivision (a) of this section, the Class I differential for that location is as specified in the Code of Federal Regulations, title 7, section 1000.52 of the General provisions of Federal Marketing Orders (revised as of January 17, 2025; United States Printing Office Washington, DC 20240 electronically available at the following link: https://www.ecfr.gov/on/2025-01-17/title-7/subtitle-B/chapter-X/part-1000/subpart-G/section-1000.52, and copies of which are available for public inspection at the Department of Agriculture and Markets, Division of Milk Control and Dairy Services, 10B Airline Drive, Albany, New York 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, New York 12231, during regular business hours.

1 CRR-NY 21.43 Announcement of class prices, component prices, and advanced pricing factors {#sec-1-crr-ny-21.43 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.43}

(a) on or before the fifth day of the month, the commissioner shall announce the following prices for the preceding month:

(1) the Class II price;

(2) the Class II butterfat price;

(3) the Class III price;

(4) the Class III skim milk price;

(5) the Class IV price;

(6) the Class IV skim milk price;

(7) the butterfat price;

(8) the nonfat solids price;

(9) the protein price; and

(10) the other solids price.

(b) On or before the 23rd day of the month, the commissioner shall announce the following prices and pricing factors for the following month:

(1) the Class I price;

(2) the Class I skim milk price;

(3) the Class I butterfat price;

(4) the Class II skim milk price;

(5) the Class II nonfat solids price; and

(6) the advance pricing factors described in section 21.40(q) of this Part.

1 CRR-NY 21.44 Equivalent price {#sec-1-crr-ny-21.44 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.44}

(a) If for any reason a price or pricing constituent required for computing the prices described in section 21.40 of this Part is not available, the commissioner shall use a price or pricing constituent determined by him to be equivalent to the price or pricing constituent that is required.

(b) If any price quotation is affected by any subsidy or other payment by a government agency, and if such quotation does not properly reflect such subsidy or payment, the commissioner shall so adjust the quotation or resulting price as to properly include such subsidy or payment in the resulting class price.

1 CRR-NY 21.45 [Deleted] {#sec-1-crr-ny-21.45 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.45}

1 CRR-NY 21.46 [Deleted] {#sec-1-crr-ny-21.46 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.46}

1 CRR-NY 21.47 [Deleted] {#sec-1-crr-ny-21.47 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.47}

1 CRR-NY 21.48 [Deleted] {#sec-1-crr-ny-21.48 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.48}

1 CRR-NY 21.49 [Deleted] {#sec-1-crr-ny-21.49 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.49}

DETERMINATION OF UNIFORM PRICE DETERMINATION OF UNIFORM PRICE

1 CRR-NY 21.50 Net pool obligation of marketers with pool plants {#sec-1-crr-ny-21.50 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.50}

For the purpose of computing the net pool obligation of any marketer operating a pool plant and any collecting cooperative which has arranged to make the reports and payments with respect to the milk producers each month, the commissioner shall determine for each month the value of milk of each marketer with respect to each of the marketer's pool plants and of such a collecting cooperative with respect to milk that was not received at a pool plant by adding the amounts computed in subdivisions (a) through (i) of this section and subtracting from that total amount the value computed in subdivision (j) of this section. Unless otherwise specified, the skim milk, butterfat, and the combined pounds of skim milk and butterfat referred to in this section shall result from the steps set forth in section 21.34 of this Part and the nonfat components of producer milk in each class shall be based upon the proportion of such components in producer skim milk. Receipts of nonfluid milk products that are distributed as labeled reconstituted milk for which payments are made to the producer-settlement fund of another order shall be excluded from pricing under this section.

(a) Class I value.

(1) Multiply the pounds of skim milk in Class I by the Class I skim milk price.

(2) Add an amount obtained by multiplying the pounds of butterfat in Class I by the Class I butterfat price.

(b) Class II value.

(1) Multiply the pounds of nonfat solids in Class II skim milk by the Class II nonfat solids price.

(2) Add an amount obtained by multiplying the pounds of butterfat in Class II times the Class II butterfat price.

(c) Class III value.

(1) Multiply the pounds of protein in Class III skim milk by the protein price.

(2) Add an amount obtained by multiplying the pounds of other solids in Class III skim milk by the other solids price.

(3) Add an amount obtained by multiplying the pounds of butterfat in Class III by the butterfat price.

(d) Class IV value.

(1) Multiply the pounds of nonfat solids in Class IV skim milk by the nonfat solids price.

(2) Add an amount obtained by multiplying the pounds of butterfat in Class IV by the butterfat price.

(e) Multiply the pounds of skim milk and butterfat overage assigned to each class pursuant to section 21.34(a)(15) of this Part and the corresponding step of section 21.34(b) of this Part by the skim milk prices and butterfat prices applicable to each class.

(f) Multiply the difference between the current month's Class I, II or III price, as the case may be, and the Class IV price for the preceding month by the hundredweight of skim milk and butterfat subtracted from Class I, II or III, respectively, pursuant to section 21.34(a)(11) of this Part and the corresponding step of section 21.34(b) of this Part.

(g) Multiply the difference between the Class I price applicable at the location of the pool plant and the Class IV price by the hundredweight of skim milk and butterfat assigned to Class I pursuant to section 21.30(b) of this Part and the hundredweight of skim milk and butterfat subtracted from Class I pursuant to section 21.34(a)(9) of this Part and the corresponding step of section 21.34(b) of this Part, excluding receipts of bulk fluid cream products from a plant regulated under other Federal orders and bulk concentrated fluid milk products from pool plants, plants regulated under Federal orders, and unregulated supply plants.

(h) Multiply the difference between the Class I price applicable at the location of the nearest nonpool plant not regulated by a Federal order from which an equivalent volume was received and the Class III price by the pounds of skim milk and butterfat in receipts of concentrated fluid milk products assigned to Class I pursuant to sections 21.30(b) and 21.34(a)(9) and the corresponding step of section 21.34(b) of this Part and the pounds of skim milk and butterfat subtracted from Class I pursuant to section 21.34(a)(12) of this Part and the corresponding step of section 21.34(b) of this Part, excluding such skim milk and butterfat in receipts of fluid milk products from a nonpool plant not regulated by a Federal order to the extent that an equivalent amount of skim milk or butterfat disposed of to such plant by marketers fully regulated under any Federal milk order is classified and priced as Class I milk and is not used as an offset for any other payment obligation under any order.

(i) Compute an adjustment for eligible Class I producer milk pursuant to section 21.30(d) of this Part by multiplying the Class I skim milk price adjuster computed in section 21.40(r) of this Part by the pounds of skim milk eligible in Class I.

(j) For reconstituted milk made from receipts of nonfluid milk products, multiply $1.00 (but not more than the difference between the Class I price applicable at the location of the pool plant and the Class IV price) by the hundredweight of skim milk and butterfat contained in receipts of nonfluid milk products that are allocated to Class I use.

1 CRR-NY 21.51 Net pool obligation of any other marketer {#sec-1-crr-ny-21.51 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.51}

On or before the 25th day after the end of the month (except as provided in section 21.92 of this Part) a marketer who distributes packaged fluid milk products into the Western New York Milk Marketing Area (other than by receipt at a pool plant) which fluid milk products are not otherwise priced under this Part, by a Federal Milk Marketing Order, or by a State government's milk classification and pricing program that subjects the marketer's plant to market-wide pooling of producer returns shall pay to the commissioner for the equalization fund the amount computed pursuant to subdivision (a) of this section or, if the marketer submits the applicable information required pursuant to section 21.20 of this Part, the marketer may elect to pay the amount computed pursuant to subdivision (b) of this section. A marketer whose plant is subject to market-wide pooling of producer returns under a State government's milk classification and pricing program shall pay the amount computed pursuant to subdivision (c) of this section.

(a) The payment under this subdivision shall be an amount resulting from the following computations:

(1) From the plant's route disposition in the marketing area:

(i) subtract receipts of fluid milk products classified as Class I milk from pool plants, plants fully regulated under Federal orders, and including such receipts from collecting cooperatives which have arranged to make the reports and payments with respect to the milk of producers each month, except those receipts subtracted under a similar provision of a Federal milk order;

(ii) subtract receipts of fluid milk products from another nonpool plant that is not a plant fully regulated under a Federal order to the extent that an equivalent amount of fluid milk products disposed of to the nonpool plant by marketers fully regulated under any Federal order is classified and priced as Class I milk and is not used as an offset for any payment obligation under any order; and

(iii) subtract the pounds of reconstituted milk made from non-fluid milk products which are disposed of as route disposition in the marketing area.

(2) Compute a Class I differential price by subtracting the Class III price from the current month's applicable Class I price. Multiply the pounds remaining after the computation in subparagraph (1)(iii) of this subdivision by the amount by which the Class I differential price exceeds the producer price differential, both prices to be applicable at the location of the marketer's plant except that neither the adjusted Class I differential price nor the adjusted producer price differential shall be less than zero.

(3) Unless the payment option described in subdivision (d) of this section is selected, add the amount obtained from multiplying the pounds of labeled reconstituted milk included in subparagraph (1)(iii) of this subdivision by any positive difference between the applicable Class I price at the location of the plant (less $1.00 if the reconstituted milk is labeled as such) and the Class IV price.

(b) The payment under this subdivision shall be the amount resulting from the following computations:

(1) Determine the value that would have been computed pursuant to section 21.50 of this Part for the plant if the plant had been a pool plant, subject to the following modifications:

(i) fluid milk products and bulk fluid cream products received at the plant from pool plants, plants which are fully regulated under a Federal order, and including such receipts from collecting cooperatives which have arranged to make the reports and payments with respect to the milk of producers each month shall be allocated at the plant to the same class in which such products were classified at the fully regulated plant;

(ii) fluid milk products and bulk fluid cream products transferred from the plant to pool plants or plants which are fully regulated under a Federal order shall be classified at the plant in the class to which allocated at the fully regulated plant. Such transfers shall be allocated to the extent possible to those receipts at the plant from pool plants and plants fully regulated under Federal orders that are classified in the corresponding class pursuant to subparagraph (i) of this paragraph. Any such transfers remaining after the above allocation which are in Class I and for which a value is computed pursuant to section 21.50 of this Part of similar sections of another order for the plant shall be priced at the statistical uniform price or uniform price, whichever is applicable, of the respective order regulating the handling of milk at the receiving plant, with such statistical uniform price or uniform price adjusted to the location of the nonpool plant (but not to be less than the lowest announced class price of the respective order); and

(iii) if the operator of the plant so requests, the marketer's value of milk determined pursuant to section 21.50 of this Part shall include a value of milk determined for each nonpool plant that is not a plant fully regulated under a Federal order which serves as a supply plant for the plant by making shipments to the plant during the month equivalent to the requirements of section 7(c) of a Federal order subject to the following conditions:

(a) the operator of the plant submits with its reports filed pursuant to section 21.20 of this Part similar reports for each such nonpool supply plant;

(b) the operator of the nonpool plant maintains books and records showing the utilization of all skim milk and butterfat received at the plant which are made available if requested by the commissioner for verification purposes; and

(c) the value of milk determined pursuant to section 21.50 of this Part for the unregulated supply plant shall be determined in the same manner prescribed for computing the obligation of the plant.

(2) From the plant's value of milk computed pursuant to paragraph (1) of this subdivision subtract:

(i) the gross payments that were made for milk that would have been producer milk had the plant been fully regulated;

(ii) subparagraph (1)(iii) of this subdivision applies, the gross payments by the operator of the nonpool supply plant for milk received at the plant during the month that would have been producer milk if the plant had been fully regulated; and

(iii) the payments by the operator of the plant to the producer-settlement fund of a Federal order under which the plant is a partially regulated distributing plant and, if subparagraph (1)(iii) of this subdivision applies, payments made by the operator of the nonpool supply plant to the producer-settlement fund of any Federal order.

(c) The operator of a plant that is subject to market-wide pooling of returns under a milk classification and pricing program that is imposed under the authority of a State government shall pay on or before the 25th day after the end of the month (except as provided in section 21.92 of this Part) to the market administrator for the equalization fund an amount computed as follows: After completing the computations described in subparagraph (a)(1)(ii) of this section, determine the value of the remaining pounds of fluid milk products disposed of as route disposition in the marketing area by multiplying the hundredweight of such pounds by the amount, if greater than zero, that remains after subtracting the State program's class prices applicable to such products at the plant's location from the applicable Class I price at the location of the plant pursuant to section 21.42 of this Part.

(d) Any marketer may elect to compute its net pool obligation pursuant to this section with respect to receipts of nonfluid milk ingredients that are reconstituted for fluid use. Payments may be made to the producer-settlement fund of the order regulating the producer milk used to produce the nonfluid milk ingredients at the positive difference between the Class I price applicable under the other order at the location of the plant where the nonfluid milk ingredients were processed and the Class IV price. This payment option shall apply only if a majority of the total milk received at the plant that processed the nonfluid milk ingredients is regulated under one or more Federal orders and payment may only be made to the producer-settlement fund of the order pricing a plurality of the milk used to produce the nonfluid milk ingredients. This payment option shall not apply if the source of the nonfluid ingredients used in reconstituted fluid milk products cannot be determined by the commissioner.

1 CRR-NY 21.52 Computation of producer price differential {#sec-1-crr-ny-21.52 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.52}

For each month, the commissioner shall compute a producer price differential per hundredweight. The report of any marketer who has not made payments required pursuant to section 21.64 of this Part for the preceding month shall not be included in the computation of the producer price differential, and such marketer's report shall not be included in the computation for succeeding months until the marketer has made full payment of outstanding monthly obligations. Subject to the aforementioned conditions, the commissioner shall compute the producer price differential in the following manner:

(a) combine into one total the values computed pursuant to section 21.50 of this Part for all marketers required to file reports prescribed in section 21.20 of this Part;

(b) subtract the total of the values obtained by multiplying each marketer's total pounds of protein, other solids, and butterfat contained in the milk for which an obligation was computed pursuant to section 21.50 of this Part by the protein price, other solids price, and the butterfat price, respectively;

(c) add an amount equal to the minus location adjustment and subtract an amount equal to the plus location adjustments computed pursuant to section 21.61 of this Part;

(d) add an amount equal to the balance in the equalization fund;

(e) deduct any reserve which the commissioner may deem necessary to cover a deficit in reserve for contingencies in the calculation, and/or any item or items in litigation or substantial controversy, which reserve the commissioner is hereby authorized to establish and from which he shall subsequently make payment or distribution in an equitable manner;

(f) subtract the total of payments required to be made for such month by sections 21.62 and 21.67 of this Part;

(g) divide the resulting amount by the sum of the following for all marketers included in these computations;

(1) the total hundredweight of producer milk; and

(2) the total hundredweight for which a value is computed pursuant to section 21.50(h) of this Part; and

(h) subtract not less than four cents nor more than five cents from the price computed pursuant to subdivision (g) of this section. The result, rounded to the nearest cent, shall be known as the producer price differential for the month.

1 CRR-NY 21.53 Announcement of producer prices {#sec-1-crr-ny-21.53 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.53}

On or before the 14th day after the end of the month, or up to two additional business days thereafter if the 14th occurs on non-business day, the commissioner shall announce the following prices and information:

(a) the producer price differential;

(b) the protein price;

(c) the nonfat solids price;

(d) the other solids price;

(e) the butterfat price;

(f) the average butterfat, protein, nonfat solids, and other solids content of producer milk; and

(g) the statistical uniform price for milk containing 3.5 percent butterfat computed by combining the Class III price and the producer price differential.

1 CRR-NY 21.55 [Deleted] {#sec-1-crr-ny-21.55 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.55}

1 CRR-NY 21.56 [Deleted] {#sec-1-crr-ny-21.56 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.56}

1 CRR-NY 21.57 [Deleted] {#sec-1-crr-ny-21.57 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.57}

1 CRR-NY 21.58 [Deleted] {#sec-1-crr-ny-21.58 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.58}

1 CRR-NY 21.59 [Deleted] {#sec-1-crr-ny-21.59 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.59}

PAYMENTS PAYMENTS

1 CRR-NY 21.60 Time and rate of payment to producers and cooperative associations {#sec-1-crr-ny-21.60 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.60}

(a) Each pool plant operator that is not paying a cooperative association for producer milk shall pay each producer as follows:

(1) Partial payment. For each producer who has not discontinued shipments as of the 23rd day of the month, payment shall be made so that it is received by the producer on or before the 26th day of the month (except as provided in section 21.92 of this Part) for milk received during the first 15 days of the month at not less than the lowest announced class price for the preceding month, less proper deductions authorized in writing by the producer.

(2) Final payment. For milk received during the month, payment shall be made so that it is received by each producer no later than the day after the payment date required in section 21.65 of this Part in an amount computed as follows:

(i) multiply the hundredweight of producer milk received by the producer price differential for the month as adjusted pursuant to section 21.61 of this Part;

(ii) multiply the pounds of butterfat received by the butterfat price for the month;

(iii) multiply the pounds of protein received by the protein price for the month;

(iv) multiply the pounds of other solids received by the other solids price for the month; and

(v) add the amounts computed in subparagraphs (i) through (iv) of this paragraph, and from that sum;

(a) subtract the partial payment made pursuant to paragraph (1) of this subdivision;

(b) subtract the deduction for administrative expenses pursuant to section 21.80 of this Part;

(c) add or subtract for errors made in previous payments to the producer; and

(d) subtract proper deductions authorized in writing by the producer.

(b) One day before partial and final payments are due pursuant to subdivision (a) of this section, each pool plant operator shall pay a cooperative association for milk received as follows:

(1) Partial payment to a cooperative association for bulk milk received directly from producers' farms. For bulk milk (including the milk of producers who are not members of such association and who the commissioner determines have authorized the cooperative association to collect payment for their milk) received during the first 15 days of the month from a cooperative association in any capacity, except as the operator of a pool plant, the payment shall be equal to the hundredweight of milk received multiplied by the lowest announced class price for the preceding month.

(2) Partial payment to a cooperative association for milk transferred from its pool plant. For bulk/skimmed milk products received during the first 15 days of the month from a cooperative association in its capacity as the operator of a pool plant, the partial payment shall be at the pool plant operator's estimated use value of the milk using the most recent class prices available at the receiving plant's location.

(3) Final payment to a cooperative association for milk transferred from its pool plant. Following the classification of bulk fluid milk products and bulk fluid cream products received during the month from a cooperative association in its capacity as the operator of a pool plant, the final payment for such receipts shall be determined as follows:

(i) multiply the hundredweight of Class I skim milk by the Class I skim milk price for the month at the receiving plant;

(ii) multiply the pounds of Class I butterfat by the Class I butterfat price for the month at the receiving plant;

(iii) multiply the pounds of nonfat solids in Class II skim milk by the Class II nonfat solids price;

(iv) multiply the pounds of butterfat in Class II times the Class II butterfat price;

(v) multiply the pounds of nonfat solids in Class IV milk by the nonfat solids price for the month;

(vi) multiply the pounds of butterfat in Class III and IV milk by the butterfat price for the month;

(vii) multiply the pounds of protein in Class III milk by the protein price for the month;

(viii) multiply the pounds of other solids in Class III milk by the other solids price for the month; and

(ix) add together the amounts computed in subparagraphs (i) through (viii) of this paragraph and from that sum deduct any payment made pursuant to paragraph (2) of this subdivision.

(4) Final payment to a cooperative association for bulk milk received directly from producers' farms. For bulk milk received from a cooperative association during the month, including the milk of producers who are not members of such association and who the commissioner determines have authorized the cooperative association to collect payment for their milk, the final payment for such milk shall be an amount equal to the sum of the individual payments otherwise payable for such milk pursuant to paragraph (a)(2) of this section.

(c) If a marketer has not received full payment from the commissioner pursuant to section 21.65 of this Part by the payment date specified in subdivision (a) or (b) of this section, the marketer may reduce payments pursuant to subdivisions (a) and (b) of this section, but by not more than the amount of the underpayment. The payments shall be completed on the next scheduled payment date after receipt of the balance due from the commissioner.

(d) If a marketer claims that a required payment to a producer cannot be made because the producer is deceased or cannot be located, or because the cooperative association or its lawful successor or assignee is no longer in existence, the payment shall be made to the equalization fund, and in the event that the marketer subsequently locates and pays the producer or a lawful claimant, or in the event that the marketer no longer exists and a lawful claim is later established, the commissioner shall make the required payment from the equalization fund to the marketer or to the lawful claimant as the case may be.

(e) In making payments to producers pursuant to this section, each pool plant operator shall furnish each producer, except a producer whose milk was received from a collecting cooperative which has arranged to make the reports and payments with respect to the milk of producers, a supporting statement in such form that it may be retained by the recipient which shall show:

(1) the name, address, Grade A identifier assigned by a duly constituted regulatory agency, and the payroll number of the producer;

(2) the month and dates that milk was received from the producer, including the daily and total pounds of milk received;

(3) the total pounds of butterfat, protein, and other solids contained in the producer's milk;

(4) the minimum rate or rates at which payment to the producer is required pursuant to this Part;

(5) the rate used in making payment if the rate is other than the applicable minimum rate;

(6) the amount, or rate per hundredweight, or rate per pound of component, and the nature of each deduction claimed by the handler; and

(7) the net amount of payment to the producer or cooperative association.

(f) In the event that there is any underpayment by any marketer (other than an underpayment authorized pursuant to subdivision [c] of this section), the amount of such underpayment shall be remitted by such marketer promptly, upon receipt of statement therefor, to the producer, the collecting cooperative, or the fiscal agent as the case may be.

1 CRR-NY 21.61 Plant location adjustments for producer milk and nonpool milk {#sec-1-crr-ny-21.61 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.61}

For purposes of making payments for producer milk and nonpool milk, a plant location adjustment shall be determined by subtracting the Class I price specified in section 21.41 of this Part from the Class I price at the plant's location. The difference, plus or minus as the case may be, shall be used to adjust the payments required pursuant to sections 21.51 and 21.60 of this Part.

1 CRR-NY 21.62 Payments by the commissioner to cooperative associations {#sec-1-crr-ny-21.62 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.62}

(a) Application for payments.

Any cooperative association of producers may apply to the commissioner for a determination of its qualification to receive payments pursuant to this section.

(b) Qualifications to receive payments.

Payment shall be made only to cooperative associations, as defined in section 21.10 of this Part, which qualify as follows:

(1) At least three fourths of its members are producers under contract with and delivering milk through such cooperative association, and, with respect to any other members, the cooperative association has a satisfactory plan for either terminating the membership of such producers or requiring them to sell their milk under contract with or through such cooperative association.

(2) Agrees to use and uses its best efforts to secure utilization of the milk of all of its members in the class or classes which assure the greatest possible return to all producers.

(3) Such cooperative or, if a federation of cooperatives, each member of such federation is an active member of a duly organized cooperative milk producers' bargaining agency which performs services for the benefit of all producers supplying the market, including the following:

(i) analyzing milk marketing problems and their solutions, conducting market research and maintaining current information as to market developments, preparing and assembling statistical data relative to prices and marketing conditions, and making an economic analysis of such data;

(ii) determining the need for the formulation of amendments to this order and proposing such amendments to the commissioner and requesting a hearing to consider the same; and

(iii) participating in proceedings with respect to amendments to this order, including the preparation and presentation of evidence at public hearings.

(4) Such cooperative has a plan which it follows in keeping its members informed concerning current market conditions.

(5) Such cooperative association expresses approval, disapproval or its intention to abstain from approval or disapproval and its reasons therefor with respect to all amendments to this order as submitted by the commissioner.

(6) In the case of an operating cooperative, such cooperative meets all of the following additional qualifications:

(i) Such cooperative maintains and operates a plant or plants where the milk of members or nonmembers may be received and handled as a service to the market.

(ii) Such cooperative maintains facilities or has participating interest in cooperative facilities at all times where surplus milk may be handled as a service to the market.

(iii) Such cooperative agrees to furnish milk for use in Class I to any marketer who requests such milk, if such cooperative has milk which is currently being used in Class II or Class III, and if the marketer who so requests does not have milk being utilized in other than Class I.

(c) Payments by commissioner.

After the commissioner has determined that a cooperative association is qualified to receive payments pursuant to this section, such cooperative association shall be entitled to receive such payments at the rates established pursuant to subdivision (d) of this section, except as provided in section 21.68 of this Part.

(d) Rates of payment.

The commissioner shall make payment from the equalization fund, or issue credit therefor, at the following rates:

(1) to a bargaining cooperative, $.01 per hundredweight of pool milk of its members delivered to any marketer's pool plant, except for that milk which is reported as pool milk by a collecting or an operating cooperative;

(2) to a collecting cooperative, $.02 per hundredweight of pool milk reported by such cooperative; and

(3) to an operating cooperative, $.05 per hundredweight of pool milk reported by such cooperative.

1 CRR-NY 21.63 Equalization fund {#sec-1-crr-ny-21.63 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.63}

The commissioner shall designate a fiscal agent who shall establish and maintain a separate fund known as the “equalization fund” into which he shall deposit all payments made by marketers pursuant to sections 21.64 and 21.66 of this Part, and out of which, at the direction of a person duly authorized by the commissioner, such fiscal agent shall make all payments pursuant to sections 21.62, 21.65, 21.66 and 21.67 of this Part.

1 CRR-NY 21.64 Payments to equalization fund {#sec-1-crr-ny-21.64 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.64}

Each marketer shall make payment to the equalization fund in a manner that provides receipt of the funds by the commissioner no later than two days after the announcement of the producer price differential and the statistical uniform price pursuant to section 21.53 of this Part (except as provided in section 21.92 of this Part). Payment shall be the amount, if any, by which the amount specified in subdivision (a) of this section exceeds the amount specified in subdivision (b) of this section.

(a) The total value of milk to the marketer for the month as determined pursuant to section 21.50 of this Part.

(b) The sum of:

(1) an amount obtained by multiplying the total hundredweight of producer milk as determined pursuant to section 21.34(c) of this Part by the producer price differential as adjusted pursuant to section 21.61 of this Part;

(2) an amount obtained by multiplying the total pounds of protein, other solids, and butterfat contained in producer milk by the protein, other solids, and butterfat prices respectively; and

(3) an amount obtained by multiplying the pounds of skim milk and butterfat for which a value was computed pursuant to section 21.50(h) of this Part by the producer differential as adjusted pursuant to section 21.61 of this Part for the location of the plant from which received.

1 CRR-NY 21.65 Payments out of the equalization fund {#sec-1-crr-ny-21.65 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.65}

No later than the day after the due date required for payment to the commissioner pursuant to section 21.64 of this Part (except as provided by section 21.92 of this Part), the commissioner or a person authorized by him shall direct the fiscal agent to make payment out of the equalization fund to each marketer operating a pool plant and each collecting cooperative which has arranged to make the reports and payments with respect to the milk of producers, the amount by which the value of milk computed pursuant to section 21.64(b) of this Part exceeds the value computed pursuant to section 21.64(a) of this Part. If, at such time, the balance in the equalization fund is insufficient to make all such payments, the commissioner shall reduce uniformly such payments and shall direct the completion of such payments as soon as the necessary funds are available. No marketer who, on the day he is required to make payment pursuant to section 21.60(c) of this Part shall be deemed to be in violation of such section if he reduces his payments to producers by not more than the amount of the reduction in payment from the equalization fund.

1 CRR-NY 21.66 Adjustment of errors in payments {#sec-1-crr-ny-21.66 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.66}

(a) Whenever verification by the commissioner of reports or payments of any marketer discloses errors made in payments to or from the equalization fund, the commissioner shall promptly bill such marketer for any unpaid amount, and such marketer shall, within five days, make payment to the fiscal agent of the amount so billed. Whenever verification discloses that payment is due from the equalization fund to any marketer, the commissioner or a person duly designated by him, shall as promptly as possible direct the fiscal agent to make such payment to such marketer.

(b) Whenever the commissioner shall be required pursuant to sections 21.60-21.68 of this Part to make payment to a marketer from whom any amount is due to the equalization fund, he may instead issue credit therefor to the extent of such amount due.

(c) Whenever verification by the commissioner of the payments to any producer or cooperative association, for milk delivered to any marketer, discloses payments to such producer or cooperative association of less than is required pursuant to section 21.60 of this Part the marketer shall make up such payment to the producer or cooperative association not later than the time of making payment next following disclosure.

1 CRR-NY 21.67 Payments to cooperative associations for service rendered in milk publicity, advertising, promotion and merchandising {#sec-1-crr-ny-21.67 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.67}

(a) Any cooperative association of producers may apply to the commissioner for reimbursement of sums expended for the conduct of a campaign to increase the consumption of milk and dairy products.

(b) Such cooperative association shall make claim for reimbursement of sums expended in such a campaign, on forms provided by the commissioner, and shall have readily available for examination by the commissioner all records pertaining to such expenditures.

(c) Except as provided in section 21.68 of this Part, and subject to the provisions of subdivisions (d) and (e) of this section, the commissioner shall pay to cooperative associations from the equalization fund, the cost of milk publicity, advertising, promotion and merchandising claimed by each such cooperative association. Each such claim shall be subject to audit by the commissioner, and in no event shall the rate of reimbursement exceed a rate per hundredweight of the pool milk of the claimant cooperative association, calculated by multiplying the simple average of the monthly uniform prices as announced by the administrator of the Western New York Milk Marketing Order for the preceding calendar year by 0.8 of one percent rounded to the nearest one- half cent.

(d) Reimbursement shall be made pursuant to subdivision (c) of this section with respect to expenditures for milk publicity, advertising, promotion and merchandising which meets the following requirements:

(1) is designed to promote increased consumption of milk and dairy products within the marketing area;

(2) is conducted pursuant to a plan in which cooperatives representing at least two thirds of all producers of milk for the marketing area are active, regular contributing participants; and

(3) disseminates information as to the importance of milk and dairy products in the diet of people of all ages and its effect upon the public health.

(e) No reimbursements shall be made with respect to expenditures for milk publicity, advertising, promotion or merchandising which include or endorse any brand name, trademark, or the milk of any particular dealer or cooperative.

1 CRR-NY 21.68 Suspension and termination of payments {#sec-1-crr-ny-21.68 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.68}

Whenever the commissioner has reason to believe that any cooperative association is not qualified, or is not performing the functions necessary to receive payments pursuant to sections 21.62 and 21.67 of this Part, or for any other reason such payments should not be made, he may suspend such payments and shall hold them in reserve until after a hearing has been held and a determination made as to whether such payments should be restored or distributed to all producers. The commissioner shall proceed promptly in holding such hearing and making such determination.

1 CRR-NY 21.69 [Renumbered] {#sec-1-crr-ny-21.69 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.69}

1 CRR-NY 21.75 [Repealed] {#sec-1-crr-ny-21.75 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.75}

1 CRR-NY 21.76 [Repealed] {#sec-1-crr-ny-21.76 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.76}

EXPENSE OF ADMINISTRATION EXPENSE OF ADMINISTRATION

1 CRR-NY 21.80 Deduction by marketers {#sec-1-crr-ny-21.80 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.80}

For the purpose of administering the terms of this Part, each marketer shall deduct from the prices otherwise to be paid to producers and cooperative associations (except a collecting cooperative which has arranged to make the reports and payments with respect to the milk of producers) an amount to be determined by the commissioner and not to exceed $.05 per hundredweight on all pool milk received from producers to be paid to the commissioner, as trustee. Such funds shall not be deemed to be State funds.

1 CRR-NY 21.81 Payment by marketers {#sec-1-crr-ny-21.81 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.81}

Each marketer and each collecting cooperative which has arranged to make the reports and payments with respect to the milk of producers shall, on or before the 15th day of each month, pay to the commissioner as trustee, the amounts deducted from producers on pool milk received during the preceding month in accordance with the terms of section 21.80 of this Part.

1 CRR-NY 21.82 to 21.84 to 21.84 [Repealed] {#sec-1-crr-ny-21.82-to-21.84 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.82 to 21.84}

1 CRR-NY 21.85 [Repealed] {#sec-1-crr-ny-21.85 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.85}

MISCELLANEOUS PROVISIONS MISCELLANEOUS PROVISIONS

1 CRR-NY 21.90 Continuing obligation of marketers {#sec-1-crr-ny-21.90 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.90}

Unless otherwise provided by the commissioner in any notice of amendment, termination, or suspension of any or all of the provisions hereof, such amendment, termination or suspension shall not: (a) affect, waive or terminate any right, duty, obligation or liability which shall have arisen or may thereafter arise in connection with any provision of this order; (b) release or waive any violation of this order occurring prior to the effective date of such amendment, termination or suspension; or (c) affect or impair any right or remedies of the commissioner or of any other person with respect to any such violations.

1 CRR-NY 21.91 Bargaining agency {#sec-1-crr-ny-21.91 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.91}

The bargaining agency may assist the commissioner as follows:

(a) negotiate, advise and cooperate with the commissioner in regard to enforcing and carrying out the terms and provisions of this Part and for the purpose generally of carrying out the terms and provisions of chapter 383 of the Laws of 1937, as amended;

(b) certify to the commissioner the qualifications of cooperatives for the payments pursuant to section 21.62 of this Part for the approval or disapproval of the commissioner; and

(c) complain to the commissioner and request a hearing for the disqualification of any cooperative association as provided in section 21.62 of this Part or to request the suspension of and a hearing concerning termination of payments in accordance with section 21.68 of this Part.

1 CRR-NY 21.92 Dates {#sec-1-crr-ny-21.92 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.92}

If a date required for a payment contained in this Part falls on a Saturday, Sunday, or State or national holiday, such payment will be due on the next day that the commissioner's office is open for public business.

1 CRR-NY 21.93 Termination and suspension {#sec-1-crr-ny-21.93 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.93}

The commissioner shall terminate this Part at the end of any month whenever he finds, after a public hearing, that the conditions which he found as the basis for the issuance of this order have ceased to exist or that such termination is favored by at least 35 percent of the producers as herein defined. This Part shall, in any event, terminate whenever the provisions of the statute authorizing it cease to be in effect.

1 CRR-NY 21.94 Continuing power and duty {#sec-1-crr-ny-21.94 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.94}

If, upon the termination or suspension of this Part, there are any obligations arising hereunder the final accrual or ascertainment of which require further acts by any marketer, or by the commissioner, or by any other person, the power and duty to perform such further acts shall continue notwithstanding such termination or suspension.

1 CRR-NY 21.95 Liquidation {#sec-1-crr-ny-21.95 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 21.95}

Upon the termination or suspension of this Part, the commissioner shall dispose in an equitable manner of all funds received pursuant to the provisions of this Part, together with claims for any funds which are unpaid and owing at the time of such termination or suspension.

Part 22 INTERIM MILK PRICING ORDER

DEFINITIONS DEFINITIONS

1 CRR-NY 22.1 Statute {#sec-1-crr-ny-22.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.1}

Statute means the New York State Agriculture and Markets Law as amended.

1 CRR-NY 22.2 Commissioner {#sec-1-crr-ny-22.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.2}

Commissioner means the Commissioner of Agriculture and Markets of the State of New York.

1 CRR-NY 22.3 Marketing area {#sec-1-crr-ny-22.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.3}

Marketing area means all of the territory within the boundaries of the City of New York, and the counties and parts of counties set forth below together with all piers, docks, and wharves connected therewith, and all craft moored thereat, and including territory within such boundaries which is occupied by government (municipal, State, Federal or international) reservations, installations, institutions or other establishments.

New York Counties: Albany; Broome; Cayuga (except the townships of Sterling, Victory, Conquest, and Montezuma); Chemung; Chenango; Columbia; Cortland; Delaware; Dutchess; Essex (Schroon, Ticonderoga, Crown Point, and Moriah townships only); Fulton (except the township of Stratford); Greene, Herkimer (except the townships of Webb, Ohio, and Salisbury); Madison; Montgomery; Nassau; Oneida (except the townships of Ava, Boonville, Forestport, and Florence); Onondaga; Orange; Oswego (except the townships of Redfield and Boylston); Otsego; Putnam; Rensselaer; Rockland; Saratoga (except the townships of Day, Edinburg, and Providence); Schenectady; Schoharie; Schuyler; Steuben (Addison, Corning and Erwin townships only); Suffolk (except Fisher's Island); Sullivan; Tioga; Tompkins; Ulster; Warren (except the townships of Johnsburg, Thurman, and Stony Creek); Washington; Westchester; Yates (except the townships of Italy, Middlesex, and Potter).

1 CRR-NY 22.4 [Repealed] {#sec-1-crr-ny-22.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.4}

1 CRR-NY 22.5 Federal Milk Marketing Order {#sec-1-crr-ny-22.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.5}

Federal Milk Marketing Order means an order issued by the Secretary of Agriculture of the United States, pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937 as amended, regulating the handling of milk in an area described in such order. Federal Order 2 means Official Order No. 126 (1 NYCRR Part 20), issued pursuant to section 258-m of the statute, regulating the handling of milk in the New York-New Jersey Milk Marketing Area.

1 CRR-NY 22.6 Person {#sec-1-crr-ny-22.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.6}

Person means any individual, partnership, corporation, association or other business unit, and shall be deemed to include any broker, agent, cooperative corporation and unincorporated cooperative association, as provided in the laws of the State of New York.

1 CRR-NY 22.7 Dairy farmer {#sec-1-crr-ny-22.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.7}

Dairy farmer means any person who produces milk.

1 CRR-NY 22.8 Producer {#sec-1-crr-ny-22.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.8}

Producer means any dairy farmer, including members of any cooperative association, who sells pool milk of his own production to a pool plant or bulk tank unit.

1 CRR-NY 22.9 Route disposition {#sec-1-crr-ny-22.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.9}

Route disposition means any delivery of a fluid milk product from a plant to a retail or wholesale outlet (including any delivery through a distribution depot, by a vendor, from a plant store or through a vending machine) except any delivery to a plant in the marketing area.

1 CRR-NY 22.10 Dealer {#sec-1-crr-ny-22.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.10}

Dealer means:

(a) Any milk dealer licensed by the commissioner to distribute milk in the marketing area or purchase or handle or sell milk received by him from producers at a pool plant or bulk tank unit. The term includes all handlers as defined pursuant to section 20.7 of this Title.

(b) Dealer shall not mean a licensed milk dealer who had distribution of class I fluid milk products in the marketing area of no more than 100,000 pounds in the month preceding the effective date of this Part.

1 CRR-NY 22.11 Types of cooperatives {#sec-1-crr-ny-22.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.11}

(a) Cooperative means a cooperative association of dairy farmers which the commissioner determines:

(1) is incorporated pursuant to the provisions of the New York Cooperative Corporations Law or pursuant to similar laws of other states; and

(2) is duly licensed pursuant to the provisions of Article 21 of the Agriculture and Markets Law; and

(3) has full authority in the sale of its members’ milk and is engaged in making collective sales of or marketing milk or milk products for its members; and

(4) has its entire organization and all of its activities under the control of its members.

(b) Bargaining cooperative means a cooperative association of dairy farmers which causes the milk of its members to be delivered to dealers' plants and upon which milk such dealers have made the reports and payments required by this order.

(c) Collecting cooperative means a cooperative association of dairy farmers which causes the milk of its members to be delivered to dealers’ plants and collects payments therefor.

(d) Operating cooperative means a cooperative association of dairy farmers which is a collecting cooperative and, in addition, operates a pool plant and/or a bulk tank unit where milk may be received and handled.

1 CRR-NY 22.12 Plant {#sec-1-crr-ny-22.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.12}

Plant means the land, buildings, surroundings, facilities, and equipment, whether owned or operated by one or more persons, constituting a single operating unit or establishment for the receiving, or handling, or processing of milk or milk products as determined by the commissioner.

1 CRR-NY 22.13 Types of plants {#sec-1-crr-ny-22.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.13}

(a) Pool plant means a plant of a dealer as defined in section 22.10 of this Part approved by a health authority as a source of fluid milk products for the marketing area and where milk is received from producers, pool plants or bulk tank units or other plants for processing of fluid milk products for distribution in the marketing area or for transfer to other plants.

(b) Nonpool plant means a plant of a dealer other than a plant defined in subdivision (a) of this section with route distribution in the marketing area but which has no receipts from producers.

1 CRR-NY 22.14 Bulk tank unit {#sec-1-crr-ny-22.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.14}

Bulk tank unit means a bulk tank unit as established pursuant to section 20.25 of this Title. Pool milk received from a producer by a dealer shall be deemed to have been received at a bulk tank unit if such dealer is a handler as defined in section 20.7 of this Title.

1 CRR-NY 22.15 Bargaining agency {#sec-1-crr-ny-22.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.15}

Bargaining agency means the New York Milk Producers Cooperative Bargaining Agency, Inc.

1 CRR-NY 22.16 Fiscal agent {#sec-1-crr-ny-22.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.16}

Fiscal agent means such bank or trust company as may be designated by the commissioner.

1 CRR-NY 22.17 Milk and milk products {#sec-1-crr-ny-22.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.17}

(a) Fluid milk product means:

(1) Except as provided in paragraph (2) of this subdivision fluid milk product means any milk products in fluid or frozen form containing less than nine percent butterfat, that are in bulk or are packaged, distributed and intended to be used as beverages. Such products include, but are not limited to: milk, skim milk, lowfat milk, milk drinks, buttermilk, and filled milk, including any such beverage products that are flavored, cultured, modified with added nonfat milk solids, concentrated (to not more than 50 percent total milk solids), or reconstituted.

(2) The term “fluid milk product” shall not include:

(i) plain or sweetened evaporated milk, plain or sweetened evaporated skim milk, sweetened condensed milk or skim milk, formulas especially prepared for infant feeding or dietary use that are packaged in hermetically sealed containers, any product that contains by weight less than 6.5 percent nonfat milk solids, and whey;

(ii) the quantity of skim milk in any modified product specified in paragraph (1) of this subdivision that is in excess of the quantity of skim milk in an equal volume of an unmodified product of the same nature and butterfat content;

(iii) aseptically processed fluid milk products as defined in section 2.2 of of this Title and ultrapasteurized fluid milk products as defined in section 2.2 of this Title.

(b) Own farm milk means milk received at a plant from a farm operated by a person who is the operator of such plant.

(c) Pool milk means milk received from producers at a pool plant or bulk tank unit, including milk diverted pursuant to the provisions of a state or federal milk marketing order.

(d) Exempt milk means own-farm milk and milk in any quantity received from a farm owned and operated by a municipal corporation, college or governmental agency.

REPORTS AND RECORDS OF DEALERS REPORTS AND RECORDS OF DEALERS

1 CRR-NY 22.20 Reports of receipts and utilization {#sec-1-crr-ny-22.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.20}

On or before the 15th day of the month, each dealer and each collecting cooperative shall report for the preceding month to the commissioner, or his designee, and on a form prescribed by the commissioner as follows:

(a) With respect to each dealer’s pool plants and bulk tank units, shall report quantities of fluid milk product contained in and represented by:

(1) the receipts of milk from producers and receipts of exempt milk;

(2) the receipts of pool milk in bulk or packaged form from pool plants and bulk tank units;

(3) receipts of milk from dairy farmers that are not producers and receipts from plants of other than pool milk.

(b) Each dealer operating pool plants or bulk tank units with receipts from producers outside New York State shall report in the same manner as prescribed for reports required by subdivision (a) of this section.

(c) Each dealer operating a nonpool plant shall report quantities of fluid milk product contained in and represented by:

(1) the receipts of fluid milk products in bulk or packaged form and receipts of exempt milk;

(2) the receipts of pool milk in bulk or packaged form; and

(3) the receipts of milk in bulk or packaged form from plants that are not pool plants.

(d) Each dealer described in section 22.10 of this Part shall report:

(1) the quantity of all fluid milk products contained in receipts of milk from producers;

(2) the quantity of all fluid milk products contained in receipts of milk from plants; and

(3) the utilization and disposition of all such receipts.

(e) The computations pursuant to section 22.50 of this Part for such dealers net pool obligation.

1 CRR-NY 22.21 Producer payroll report {#sec-1-crr-ny-22.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.21}

Each dealer shall report with respect to producers on or before the 25th day of the month, such dealers producer payroll for the second preceding month which shall show for each producer in addition to the information required by State and/or Federal milk marketing orders the amount of the over-order rate paid to each producer.

1 CRR-NY 22.22 Other reports {#sec-1-crr-ny-22.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.22}

At such time as the commissioner may request, each dealer shall report to the commissioner, in the manner and on forms prescribed, such other additional information as he or she may deem necessary to administer this Part.

1 CRR-NY 22.23 Records and facilities {#sec-1-crr-ny-22.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.23}

Each dealer shall maintain and make available to the commissioner, or his designee, during the usual hours of business all such records and facilities as the commissioner deems necessary to verify the data reported pursuant to sections 22.20 through 22.22 of this Part.

1 CRR-NY 22.24 [Repealed] {#sec-1-crr-ny-22.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.24}

1 CRR-NY 22.25 [Repealed] {#sec-1-crr-ny-22.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.25}

1 CRR-NY 22.26 [Repealed] {#sec-1-crr-ny-22.26 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.26}

1 CRR-NY 22.27 [Repealed] {#sec-1-crr-ny-22.27 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.27}

1 CRR-NY 22.28 [Repealed] {#sec-1-crr-ny-22.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.28}

1 CRR-NY 22.29 [Repealed] {#sec-1-crr-ny-22.29 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.29}

CLASSIFICATION OF MILK CLASSIFICATION OF MILK

1 CRR-NY 22.30 Basis of classification {#sec-1-crr-ny-22.30 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.30}

All milk required to be reported by each dealer pursuant to section 22.20 of this Part shall be classified each month pursuant to the provisions of sections 22.31 through 22.33 of this Part. If any of the water contained in the milk from which a product is made is removed before the product is utilized or disposed of by a dealer, the pounds of skim milk used or disposed of in such product shall be considered to be an amount equivalent to the nonfat milk solids contained in such products plus all the water originally associated with such solids.

1 CRR-NY 22.31 Classes of utilization {#sec-1-crr-ny-22.31 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.31}

Subject to conditions set forth in sections 22.30 and 22.33 of this Part the classes of utilization shall be as follows:

(a) Class I shall be all fluid milk products:

(1) disposed of in packaged form in the marketing area; or

(2) moved to a pool plant as a fluid milk product in bulk form where it is utilized or allocated as class I and distributed as route distribution in the marketing area.

1 CRR-NY 22.32 [Repealed] {#sec-1-crr-ny-22.32 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.32}

1 CRR-NY 22.33 Responsibility of dealers and the reclassification of milk {#sec-1-crr-ny-22.33 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.33}

(a) All pool milk shall be class I milk unless the dealer who first received such milk, including that moved to another plant, satisfies the commissioner that such milk should be classified otherwise.

(b) Any pool milk shall be reclassified if verification by the commissioner discloses that the original classification was incorrect.

1 CRR-NY 22.34 The allocation of milk classified {#sec-1-crr-ny-22.34 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.34}

The classification of pool milk received from producers by each dealer operating a pool plant or bulk tank unit or nonpool plant and each collecting cooperative which has arranged to make the reports and payments with respect to the milk of producers, shall be determined each month pursuant to subdivisions (a) and (b) of this section.

(a) At pool plants and bulk tank units, the dealer’s receipts of fluid milk products shall be allocated as follows:

(1) Subtract from the total pounds of fluid milk products in class I the pounds of fluid milk products in:

(i) Receipts of class I fluid milk products from other pool plants or bulk tank units.

(ii) Receipts of exempt fluid milk products used or sold as class I fluid milk products.

(2) The quantity of producer milk in class I shall be the combined pounds of fluid milk product remaining in class I and shall be allocated to receipts from producers and bulk tank units.

(b) At nonpool plants, the dealers receipts of fluid milk products shall be allocated as follows:

(1) Subtract from the total pounds of fluid milk products in class I the pounds of fluid milk products in:

(i) Receipts of exempt fluid milk products used or sold as class I fluid milk products.

(ii) Receipts of class I fluid milk products from pool plants.

(2) The remaining quantity is class I fluid milk products from sources other than pool milk.

1 CRR-NY 22.35 [Repealed] {#sec-1-crr-ny-22.35 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.35}

1 CRR-NY 22.36 to 22.39 to 22.39 [Repealed] {#sec-1-crr-ny-22.36-to-22.39 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.36 to 22.39}

MINIMUM PRICE MINIMUM PRICE

1 CRR-NY 22.40 Basic formula price {#sec-1-crr-ny-22.40 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.40}

The basic formula price for the month shall be the price announced by the Dairy Division, Agricultural Marketing Service, United States Department of Agriculture.

1 CRR-NY 22.41 New York-New Jersey class I price {#sec-1-crr-ny-22.41 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.41}

New York-New Jersey class I price is the price for class I milk as announced for the marketing area at the 201-210 mile zone by the Market Administrator of the New York-New Jersey Milk Marketing Area.

1 CRR-NY 22.42 Minimum class I price {#sec-1-crr-ny-22.42 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.42}

Minimum class I price. The minimum class I price per hundredweight of pool milk shall be the basic formula price for the second preceding month plus $2.42.

1 CRR-NY 22.43 Use of equivalent or adjusted price quotation {#sec-1-crr-ny-22.43 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.43}

(a) If the price specified for use in computing the class price by this Part is not reported or published, the commissioner may use a price determined to be equivalent to or comparable with the price specified.

(b) If any price quotation is affected by any subsidy or other payment by a governmental agency, and if such quotation does not properly reflect such subsidy or payment, the commissioner shall so adjust the quotation or resulting price as to properly include such subsidy or payment in the resulting class price.

1 CRR-NY 22.45 [Repealed] {#sec-1-crr-ny-22.45 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.45}

1 CRR-NY 22.46 [Repealed] {#sec-1-crr-ny-22.46 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.46}

1 CRR-NY 22.47 [Repealed] {#sec-1-crr-ny-22.47 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.47}

1 CRR-NY 22.48 [Repealed] {#sec-1-crr-ny-22.48 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.48}

1 CRR-NY 22.49 [Repealed] {#sec-1-crr-ny-22.49 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.49}

DETERMINATION OF OVER-ORDER RATE DETERMINATION OF OVER-ORDER RATE

1 CRR-NY 22.50 Net pool obligation of dealers {#sec-1-crr-ny-22.50 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.50}

The net pool obligation of a dealer shall be a sum of money computed as follows:

(a) For dealers operating a pool plant or bulk tank unit and any cooperative which has arranged to make the reports and payments with respect to the milk of producers each month:

(1) multiply the quantity of class I pool milk established pursuant to section 22.31(a) of this Part by the price determined in section 22.42 of this Part; then

(2) deduct an amount computed by multiplying the quantity of class I pool milk in paragraph (a)(1) of this subdivision by the New York-New Jersey class I price as determined in section 22.41 of this Part.

(b) For dealers operating a nonpool plant:

(1) multiply the quantity of class I milk from sources other than pool milk as established pursuant to section 22.34(b) of this Part by the price determined pursuant to section 22.42 of this Part; then

(2) deduct an amount computed by multiplying the quantity of class I milk from sources other than pool milk in paragraph (1) of this subdivision above by the New York-New Jersey class I price as determined in section 22.41 of this Part.

1 CRR-NY 22.51 Computation of the over-order rate {#sec-1-crr-ny-22.51 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.51}

The commissioner shall, by the 23rd day of each month, audit for mathematical correctness and obvious errors, the reports submitted for the preceding month by each dealer, and compute from all such corrected reports, the over-order rate, in the following manner:

(a) combine into one total the net pool obligations of all dealers computed pursuant to section 22.50 of this Part; then

(b) add the amount of unreserved cash in the equalization fund; then

(c) divide the resulting amount by the total hundredweight of pool milk received from producers by all dealers.

(d) subtract not more than $.05 per hundredweight to provide against the contingency of errors in reports and payments or for delinquencies in payment by dealers. The result shall be known as the over-order rate for such month for pool milk from producers.

1 CRR-NY 22.52 [Repealed] {#sec-1-crr-ny-22.52 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.52}

1 CRR-NY 22.53 [Repealed] {#sec-1-crr-ny-22.53 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.53}

1 CRR-NY 22.54 [Repealed] {#sec-1-crr-ny-22.54 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.54}

1 CRR-NY 22.55 to 22.57 to 22.57 [Repealed] {#sec-1-crr-ny-22.55-to-22.57 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.55 to 22.57}

1 CRR-NY 22.58 [Repealed] {#sec-1-crr-ny-22.58 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.58}

1 CRR-NY 22.59 [Repealed] {#sec-1-crr-ny-22.59 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.59}

PAYMENTS PAYMENTS

1 CRR-NY 22.60 Time and rate of payment to producers and cooperative associations {#sec-1-crr-ny-22.60 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.60}

Each dealer who is not a cooperative association shall make payment to each producer or cooperative as follows:

(a) On or before the 15th day of each month to each cooperative which has arranged to make the reports and payments with respect to the milk of producers delivered or moved to a dealer the second preceding month, at not less than the applicable price for class I milk pursuant to section 22.42 of this Part.

(b) On or before the 15th day of each month to each cooperative which does not report pursuant to section 22.20 of this Part but collects payment with respect to the milk of producers delivered to the dealer’s pool plant in the second preceding month, at not less than the over-order rate computed pursuant to section 22.51 of this Part.

(c) On or before the 20th day of each month, to each producer at not less than the over-order rate computed pursuant to section 22.51 of this Part for his deliveries of pool milk to the dealer during the second preceding month for which payment is not made by such dealer to a cooperative pursuant to subdivision (a) or (b) of this section.

1 CRR-NY 22.61 [Repealed] {#sec-1-crr-ny-22.61 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.61}

1 CRR-NY 22.62 [Repealed] {#sec-1-crr-ny-22.62 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.62}

1 CRR-NY 22.63 Equalization fund/fiscal agent {#sec-1-crr-ny-22.63 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.63}

The commissioner shall designate a fiscal agent who shall establish and maintain a separate fund known as the “equalization fund” into which the fiscal agent shall deposit all payments made by dealers pursuant to section 22.64 of this Part and out of which, at the direction of a person duly authorized by the commissioner, such fiscal agent shall make all payments pursuant to section 22.65 of this Part.

1 CRR-NY 22.64 Payments to equalization fund {#sec-1-crr-ny-22.64 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.64}

(a) Each dealer operating a pool plant or a bulk tank unit and any cooperative which has arranged to make the reports and payment with respect to the milk of producers shall, on or before the 2nd day of each month, pay to the fiscal agent for payment to the equalization fund the amount by which his net pool obligation for the second preceding month, computed pursuant to section 22.50(a) of this Part, exceeds:

(1) The value of pool milk at the over-order rate computed pursuant to section 22.51 of this Part.

(b) Each dealer operating a nonpool plant shall on or before the 2nd day of each month pay to the fiscal agent for payment to the equalization fund the amount of his net pool obligation for the second preceding month as computed pursuant to section 22.50(b) of this Part.

1 CRR-NY 22.65 Payments out of the equalization fund {#sec-1-crr-ny-22.65 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.65}

On or before the 8th day of each month, the commissioner or a person authorized by the commissioner shall direct the fiscal agent to make payment out of the equalization fund to each dealer operating a pool plant or bulk tank unit and each cooperative which has arranged to make the reports and payments with respect to the milk of the producers, the amount by which the over-order rate computed pursuant to section 22.51 of this Part exceeds such dealer's or cooperative's net pool obligation for the second preceding month. If, at such a time, the balance in the equalization fund is insufficient to make all such payments, the commissioner shall reduce uniformly such payments and shall direct the completion of such payments as soon as the necessary funds are available. No dealer who is required to make payment pursuant to section 22.60(b) and (c) of this Part shall be deemed to be in violation of such section if the dealer reduces his payments to producers by not more than the amount of the reduction in payment from the equalization fund.

1 CRR-NY 22.66 [Repealed] {#sec-1-crr-ny-22.66 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.66}

1 CRR-NY 22.67 Adjustment of errors in payment {#sec-1-crr-ny-22.67 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.67}

(a) Whenever verification by the commissioner of reports or payments of any dealer discloses errors made in payments to or from the equalization fund, the commissioner shall promptly bill such dealer for any unpaid amount, and such dealer shall, within five days, make payment to the fiscal agent of the amount so billed. Whenever verification discloses that payment is due from the equalization fund to any dealer, the commissioner or a person duly designated by him, shall as promptly as possible direct the fiscal agent to make such payment to such dealer.

(b) Whenever the commissioner shall be required by any of the provisions hereunder entitled “payments” to make payment to a dealer from whom any amount is due to the equalization fund, the commissioner may instead issue credit therefor to the extent of such amount due.

(c) Whenever verification by the commissioner of the payments to any producer or cooperative association, for milk delivered to any dealer, discloses payments to such producer or cooperative association of any amount less than is required by the provisions of section 22.60 of this Part hereunder entitled “Time and Rate of Payment to Producer and Cooperative Associations,” the dealer shall make up such payment to the producer or cooperative association not later than the time of making payment next following disclosure.

1 CRR-NY 22.68 [Repealed] {#sec-1-crr-ny-22.68 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.68}

1 CRR-NY 22.69 [Repealed] {#sec-1-crr-ny-22.69 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.69}

1 CRR-NY 22.70 [Repealed] {#sec-1-crr-ny-22.70 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.70}

1 CRR-NY 22.71 [Repealed] {#sec-1-crr-ny-22.71 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.71}

1 CRR-NY 22.75 [Repealed] {#sec-1-crr-ny-22.75 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.75}

1 CRR-NY 22.76 [Repealed] {#sec-1-crr-ny-22.76 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.76}

1 CRR-NY 22.77 to 22.79 to 22.79 [Repealed] {#sec-1-crr-ny-22.77-to-22.79 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.77 to 22.79}

EXPENSE OF ADMINISTRATION EXPENSE OF ADMINISTRATION

1 CRR-NY 22.80 Deduction by dealers {#sec-1-crr-ny-22.80 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.80}

For the purpose of administering the terms of this Part, each dealer shall deduct from the over-order rate otherwise to be paid to producers and cooperative associations (except a cooperative which has arranged to make the reports and payments with respect to the milk of producers) an amount to be determined by the commissioner but not to exceed $.05 per hundredweight, on all pool milk received from producers to be paid to the commissioner, as trustee. Such funds shall not be deemed to be State funds.

1 CRR-NY 22.81 Payment by dealers {#sec-1-crr-ny-22.81 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.81}

Each dealer and each cooperative which has arranged to make the reports and payments with respect to the milk of producers shall, on or before the 2nd day of each month, pay to the commissioner, as trustee, the amounts deducted from producers on pool milk received during the second preceding month in accordance with the terms of section 22.80 of this Part.

1 CRR-NY 22.82 to 22.85 to 22.85 [Repealed] {#sec-1-crr-ny-22.82-to-22.85 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.82 to 22.85}

MISCELLANEOUS PROVISIONS MISCELLANEOUS PROVISIONS

1 CRR-NY 22.90 Continuing obligation of dealers {#sec-1-crr-ny-22.90 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.90}

Unless otherwise provided by the commissioner upon termination of any or all of the provisions hereof, such termination shall not:

(a) affect, waive or terminate any right, duty, obligation or liability which shall have arisen or may thereafter arise in connection with any provision of this order;

(b) release or waive a violation of this order occurring prior to the effective date of termination; or

(c) affect or impair any right or remedies of the commissioner or of any other person with respect to any such violations.

1 CRR-NY 22.91 to 22.92 to 22.92 [Repealed] {#sec-1-crr-ny-22.91-to-22.92 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.91 to 22.92}

1 CRR-NY 22.93 Termination {#sec-1-crr-ny-22.93 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.93}

This order shall be superseded upon the date when Part 23 of this Title becomes effective, operative and fully enforceable and such suspension shall continue so long as said Part 23 shall remain effective, operative and fully enforceable. Notwithstanding the foregoing, the interim price and payment obligation established herein shall be of no force and effect in the event that the November 3, 1997 Order of the District Court in Minnesota Milk Producers, et al. v. Dan Glickman, Secretary, USDA is further stayed, vacated or reversed, or in the event that a class I fluid differential for the area is otherwise established and becomes effective under the supervision of the USDA.

1 CRR-NY 22.94 Continuing power and duty {#sec-1-crr-ny-22.94 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.94}

If, upon the termination or suspension of this Part, there are any obligations arising hereunder, the final accrual or ascertainment of which require further acts by any dealer or by the commissioner, or by any other person, the power and duty to perform such further acts shall continue notwithstanding such termination or suspension.

1 CRR-NY 22.95 Liquidation {#sec-1-crr-ny-22.95 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.95}

Upon the termination or suspension of this Part, the commissioner shall dispose in an equitable manner of all funds received pursuant to the provisions of this Part, together with claims for any funds which are unpaid and owing at the time of such termination or suspension.

1 CRR-NY 22.96 Cost of promulgation {#sec-1-crr-ny-22.96 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 22.96}

The cost of all proceedings necessary for the promulgation of this order shall be the liability of the administration fund. The fiscal agent shall reimburse the department from such fund for all costs incurred by the department in the promulgation of this order.

Part 23 DAIRY ASSISTANCE PROGRAM

1 CRR-NY 23.1 Eligible producer {#sec-1-crr-ny-23.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 23.1}

For the purposes of the Dairy Assistance Program established pursuant to Agriculture and Markets Law, section 258-pp, eligible producer means a New York State producer who was in operation on April 1, 2007 and who produced milk during the 2006 calendar year.

1 CRR-NY 23.2 Payment limit {#sec-1-crr-ny-23.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 23.2}

For purposes of administering the payment limitations prescribed by Agriculture and Markets Law, section 258-pp, the following shall apply:

(a) For producers who participate in the Federal Milk Income Loss Contract Extension (MILCX) Program, determinations under that program as to whether the producer is a combined or separate dairy operation shall be used in applying the 4,800,000 pounds of milk reimbursement limit established by subdivision four of Agriculture and Markets Law, section 258-pp.

(b) For producers who operate multiple farms and do not participate in the MILCX Program, any producer using the same tax identification or Social Security number for such farms shall be considered to be one producer for purposes of applying the 4,800,000 pounds of milk reimbursement limit established by subdivision four of Agriculture and Markets Law, section 258-pp.

1 CRR-NY 23.3 Target price {#sec-1-crr-ny-23.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 23.3}

For purposes of distributing the State funding provided by chapter 57 of the Laws of 2007, the target price shall be the price that results in the payment rate to eligible producers in accordance with the formula set forth in subdivision one of Agriculture and Markets Law, section 258-pp.

1 CRR-NY 23.4 Verification of production data {#sec-1-crr-ny-23.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 23.4}

For the purposes of verifying production data pursuant to subdivision two of Agriculture and Markets Law, section 258-pp:

(a) the production data for producers who participate in the MILCX Program shall be the production information provided to the department by the United States Department of Agriculture's Farm Service Agency (FSA) as requested by the department pursuant to such subdivision; provided, however, if the required data is not available from the FSA, the data may be obtained from the producers' milk cooperative, processor or handler. In the event production data is not available from any of the foregoing sources, the data shall be obtained directly from producers in accordance with subdivision (b) of this section;

(b) the production data for producers who do not participate in the MILCX Program shall be milk marketing payment stubs, bulk tank records, milk handler records, daily milk marketing records and such other evidence of monthly milk marketing as the commissioner may deem acceptable.

Part 24 MILK DEALER LICENSING POLICY AND PROCEDURES

1 CRR-NY 24.1 Coverage {#sec-1-crr-ny-24.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.1}

The requirements and standards of this Part shall apply to any person defined as a milk dealer pursuant to section 253(4) of the Agriculture and Markets Law, unless exempted from licensing pursuant to section 257 of such law.

1 CRR-NY 24.2 Application {#sec-1-crr-ny-24.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.2}

(a) Any person who proposes to purchase, handle, sell or otherwise deal in milk in a manner which represents the customary function of a milk dealer shall file an application for a license, setting forth the nature of the milk business the applicant intends to conduct and such other information as the commissioner deems necessary to determine whether the applicant qualifies for a license. For purposes of reviewing and determining such applications, licenses shall be classified according to the following types of milk businesses:

(1) purchase of milk;

(2) sale and distribution of milk;

(3) processing of fluid milk;

(4) manufacture of milk products;

(5) cooperative bargaining and collecting for the sale of milk;

(6) brokering of milk; and

(7) hauling of milk.

(b) Any licensed milk dealer who proposes to change the type of his or her milk business, so as to result in a new classification of license, including the acquisition of the milk business of another milk dealer and the operation of a new or additional plant or other facility, shall file an application for an extension of license. The application shall be on a form provided by the commissioner and shall contain such information as deemed necessary to determine the extent and nature of the proposed change in the milk dealer's business.

(c) Any person who proposes to purchase, merge or transfer stock of an existing milk dealer which is a nonpublic corporation, or a one-third or greater ownership interest in an existing milk dealer which is a corporation whose stock is publicly traded, shall notify the commissioner in writing of his intention and obtain approval before completing any such transaction, in accordance with Agriculture and Markets Law, section 258-c.

(d) An applicant for a milk dealer's license, or for an extension of an existing license, or to acquire an existing milk dealer, shall not engage in the business for which the application is made until the application has been granted by the commissioner.

1 CRR-NY 24.3 Procedure {#sec-1-crr-ny-24.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.3}

(a) Each application for a milk dealer's license or extension of license will be reviewed and investigated in accordance with the standards set forth in section 258-c and other pertinent sections of the Agriculture and Markets Law. In the event that an adjudicatory proceeding is conducted relative to an application, the procedures prescribed in Part 367 of this Title shall be followed, except as may otherwise be provided in this Part or in article 21 of the Agriculture and Markets Law.

(b) If a hearing is to be held to consider denial of an application for a milk dealer's license or for an extension of a license, the hearing will be held within 15 days of notice to the applicant unless he requests an adjournment to a later date.

(c) A final determination on an application for a milk dealer's license or for an extension of a license, or for approval to purchase, merge or transfer stock of an existing milk dealer, will be made within the time frames and subject to the conditions described in section 258-c of the Agriculture and Markets Law.

(d) A log of pending applications for a milk dealer's license or for an extension thereof will be compiled and maintained by the Division of Dairy Industry Services and made available to any person for inspection or copying. The log shall contain the name and address of each applicant, the date the application was received in a completed form, and the type of business of milk business for which the application is filed.

(e) Any person who has information with respect to the qualifications of an applicant for a milk dealer's license or for an extension of a license may provide such, in writing, to the commissioner.

1 CRR-NY 24.4 to 24.13 to 24.13 [Repealed] {#sec-1-crr-ny-24.4-to-24.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.4 to 24.13}

1 CRR-NY 24.20 to 24.21 to 24.21 [Repealed] {#sec-1-crr-ny-24.20-to-24.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.20 to 24.21}

1 CRR-NY 24.25 to 24.28 to 24.28 [Repealed] {#sec-1-crr-ny-24.25-to-24.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.25 to 24.28}

1 CRR-NY 24.35 to 24.39 to 24.39 [Repealed] {#sec-1-crr-ny-24.35-to-24.39 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.35 to 24.39}

1 CRR-NY 24.45 to 24.46 to 24.46 [Repealed] {#sec-1-crr-ny-24.45-to-24.46 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.45 to 24.46}

1 CRR-NY 24.50 to 24.60 to 24.60 [Repealed] {#sec-1-crr-ny-24.50-to-24.60 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.50 to 24.60}

1 CRR-NY 24.65 [Repealed] {#sec-1-crr-ny-24.65 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.65}

1 CRR-NY 24.70 to 24.75 to 24.75 [Repealed] {#sec-1-crr-ny-24.70-to-24.75 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 24.70 to 24.75}

Part 25 RECORDS AND REPORTS BY MILK DEALERS-OFFICIAL ORDER NO. 130-

1 CRR-NY 25.1 Information required of milk dealers {#sec-1-crr-ny-25.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.1}

Each milk dealer, as defined in chapter 126 of the Laws of 1934 as amended, shall keep at his or its office, principal place of business, or other location deemed appropriate by the commissioner, the following records:

(a) a record of the quantity of milk received from each producer each day, and the butterfat content of such milk based upon the official test for the accounting period;

(b) a record of the quantity of milk, cream and skim milk received from other sources daily, and the butterfat content of such milk, cream and skim milk;

(c) a record of the quantity of other milk products received daily, and the butterfat content of each such milk product;

(d) a record of the number of units of each size of container of milk or milk products packaged daily;

(e) a record of the quantity and the butterfat content of milk, cream, skim milk, or other ingredients used daily in the processing, packaging or manufacture of each kind of milk product made at each plant, and a record of the quantity and butterfat content of each product processed, packaged or manufactured;

(f) a record of all milk, cream, skim milk and any other milk product sold or leaving each plant each day, showing butterfat content, size and style of container, use to be made of the product if sold or moved to another plant or dealer, name and address of the consignee, and the price and amount received or credit allowed therefor. A monthly summary of the quantity and butterfat content of each product thus disposed of shall also be kept;

(g) a record of cream and other milk products sent to cold storage daily;

(h) a record of all melloream received, purchased, processed, handled or sold each day;

(i) a record of physical inventories at the beginning and end of each day;

(j) a record of all payments for milk and milk products received from producers or other sources;

(k) a complete record of the manner of computing the price paid to producers for milk. If based upon a classified price plan, such record must show the quantity of milk used in each class and the method of computation, including an outline of the product or use considered as making up each classification;

(l) a record showing all deductions from producers' checks, with complete explanations, including written authorizations, if the deduction is paid to a third party;

(m) a record of the items constituting the difference between the price paid and the price received for all milk;

(n) a record of all other transactions affecting the assets, liabilities or net worth of the licensee; and

(o) such other records and information as the commissioner may deem necessary for the proper administration and enforcement of the Milk Control Law.

1 CRR-NY 25.2 Accurate record of milk from producers {#sec-1-crr-ny-25.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.2}

(a) When the quantity of milk delivered to a milk dealer by or for the account of a producer is determined by weighing or other measurement, or when the milk fat content of such milk is used as a basis for payment, an accurate record of each such weighing, measurement or milk fat determination shall be made at once. The record shall show the quantity of milk or the fat content of such milk received for the account of each producer.

(b) Each such original record containing information with respect to the amount of milk received for the account of one or more producers, or the fat content thereof, whether the record be for one day or for more than one day, shall be dated and signed by the person making the determination, and shall be preserved by the milk dealer purchasing or receiving such milk, regardless of the fact that such milk dealer may copy such records for the purpose of making a more permanent record for the milk dealer's own use.

1 CRR-NY 25.3 Monthly reports to Division of Dairy Industry Services {#sec-1-crr-ny-25.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.3}

(a) On or before the 15th day of each month, each milk dealer operating a bulk tank unit shall file, for each such bulk tank unit, an accurate report of the previous month's operation. On or before the 15th day of each month, each milk dealer operating a milk plant that receives more than 600,000 pounds of milk and/or milk products, yearly, for processing or manufacture, shall file, for each such plant, an accurate report of the previous month’s operation. Each such report shall be filed with the Division of Dairy Industry Services on forms provided by such division.

(b) In addition to the report required pursuant to subdivision (a) of this section, each milk dealer purchasing milk from producers shall, on or before the 28th day of each month, file a report of payments to producers relating to milk purchased during the preceding month. Each cooperative shall likewise file a report of payments to producers each month for each plant or bulk tank unit it operates and for its producer-members which the cooperative directs to the plant or bulk tank unit of another milk dealer. All such reports shall be filed with the Division of Dairy Industry Services on forms provided by such division.

1 CRR-NY 25.4 Statement of receipt to producers {#sec-1-crr-ny-25.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.4}

Each purchaser or receiver of milk from a producer by bulk tank pickup shall give the producer a written statement after each receipt of milk. The statement shall give the name of the producer, the date the milk was received, and the quantity of milk. The statement shall be signed by the purchaser or his authorized representative. A statement of each receipt of milk shall also be given by a purchaser or receiver of milk to a producer whose milk is received in cans, if the producer request such in writing.

1 CRR-NY 25.5 Immediate statement on tests to producers {#sec-1-crr-ny-25.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.5}

Each purchaser or receiver of milk from a producer shall, on written request, mail or deliver to the producer, immediately after the tests are made, a written statement of the percentage of butterfat found to have been contained in the sample or samples representing the milk delivered by such producer.

1 CRR-NY 25.6 Payment statement to producers {#sec-1-crr-ny-25.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.6}

(a) Each milk dealer or cooperative in making payment to producers shall give each producer a written statement showing the following information:

(1) the name and address of the milk dealer or cooperative making the payment;

(2) the period for which the statement is given;

(3) the name and patron number, if any, of the producer;

(4) the quantity of milk for which payment is made;

(5) the butterfat content of the milk, if payment is made on the basis of butterfat content;

(6) the base price per hundredweight or other unit of measurement;

(7) the method of arriving at such base price, whether pursuant to Federal and/or State marketing order, agreement with producers or other method;

(8) the rate, or amount of all premiums, subsidies, differentials, deductions, service fees, hauling charges, supply expenses, costs or adjustments of any nature whatsoever, including advance payments, loans and other deductions or additions, in such a manner as to disclose fully the rate and basis for arriving at the amount payable to the producer; and

(9) the amount payable to the producer.

(b) A representative copy of the statements given to producers pursuant to subdivision (a) of this section shall be filed each month with the Division of Dairy Industry Services with the report of payments to producers required pursuant to section 25.3 (b) of this Part.

1 CRR-NY 25.7 Annual financial reports {#sec-1-crr-ny-25.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.7}

Each milk dealer, except as the commissioner may otherwise provide, shall file with the Division of Dairy Industry Services, not later than 120 days after the end of his fiscal year, a statement of his assets, liabilities and net worth at the close of the fiscal year, a statement of income, expenses, profit or loss for the fiscal year, and a statement showing the sources and application of funds for his business during the fiscal year. Such statements, unless prepared by a certified public accountant or a licensed public accountant, must be sworn to by the milk dealer or, if a corporation, by a responsible officer of the same.

1 CRR-NY 25.8 Availability and retention of records {#sec-1-crr-ny-25.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.8}

(a) Each milk dealer shall make available at all reasonable hours, to any person designated by the commissioner, all books, papers, records or financial documents relating to the purchase, receipt, sale or handling of milk and to the financial condition of the milk dealer.

(b) The records required pursuant to this Part shall be retained for a period of at least three years.

1 CRR-NY 25.9 Requirements in addition to those of other orders {#sec-1-crr-ny-25.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.9}

The requirements of this Part with regard to recordkeeping and reports are in addition to the requirements of other orders, rules or regulations issued by the commissioner.

1 CRR-NY 25.10 Disclosure of milk dealer financial statements {#sec-1-crr-ny-25.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.10}

The commissioner may, in his sole discretion, make available to insurers financial statements, or portions thereof as are necessary, of milk dealers participating in the milk producers security fund in order to obtain insurance coverage for the milk producers security fund (c.f.Agriculture and Markets Law, section 258-b).

1 CRR-NY 25.11 to 25.12 to 25.12 [Repealed] {#sec-1-crr-ny-25.11-to-25.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 25.11 to 25.12}

Part 26 NOTICE OF DISCONTINUANCE TO PRODUCERS

1 CRR-NY 26.1 Advance notice to producers {#sec-1-crr-ny-26.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 26.1}

Except as provided in section 2.6 of this Title, each milk dealer, if and when discontinuing receiving milk delivered in the ordinary course of dealing from a milk producer, shall give such producer at least 30 days advance notice in writing prior to the proposed date of such discontinuance.

1 CRR-NY 26.2 Mailing of notice {#sec-1-crr-ny-26.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 26.2}

Notice of discontinuance to a milk producer shall be sent by the dealer, certified mail, return receipt requested, and a copy of the notice shall at the same time be sent to the commissioner, by first class mail, directed to the attention of the Division of Dairy Industry Services. The 30-day period shall commence on the date of receipt of the written notice by the milk producer.

1 CRR-NY 26.3 Retention of notice and return receipt {#sec-1-crr-ny-26.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 26.3}

The milk dealer shall keep the signed, returned receipt and a copy of the written notice as evidence of the commencement of the 30-day notice period and retain the signed receipt and copy of the said notice for one year from the date appearing on the said receipt.

1 CRR-NY 26.4 [Renumbered] {#sec-1-crr-ny-26.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 26.4}

1 CRR-NY 26.5 [Renumbered] {#sec-1-crr-ny-26.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 26.5}

1 CRR-NY 26.6 [Renumbered] {#sec-1-crr-ny-26.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 26.6}

1 CRR-NY 26.7 [Renumbered] {#sec-1-crr-ny-26.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 26.7}

Part 29 BULK TANK MILK COLLECTORS AND HAULERS—OFFICIAL ORDER NO. 136—

1 CRR-NY 29.1 Licensing requirements {#sec-1-crr-ny-29.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 29.1}

No tank truck collecting and transporting milk from bulk tank installations on dairy farms shall be operated unless the owner or operator thereof is licensed pursuant to section 257 of the Agriculture and Markets Law.

1 CRR-NY 29.2 Records {#sec-1-crr-ny-29.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 29.2}

The operator of each such bulk tank hauling facility or route shall keep a detailed record of the quantity of milk received from each source and the quantity delivered to each destination. Such records shall be kept at a designated location for a period of at least three years, and shall be made available for examination or audit by any duly authorized representative of the commissioner. Such records shall include the full name and address of each producer from whom milk was received, his cooperative affiliation, if any, and such other records as the commissioner may deem necessary. The disposal of all samples to be tested for butterfat content shall also be thus recorded.

1 CRR-NY 29.3 Reports {#sec-1-crr-ny-29.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 29.3}

The operator of each bulk tank hauling facility or route shall file with the commissioner such reports as may be required from time to time.

Part 30 IDENTIFICATION OF TRUCKS AND VEHICLES USED FOR THE DELIVERY OF MILK AT RETAIL AND WHOLESALE—OFFICIAL ORDER NO. 137—

1 CRR-NY 30.1 Identification of trucks {#sec-1-crr-ny-30.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 30.1}

No milk dealer shall operate a truck or other vehicle from which milk is delivered at retail or at wholesale in the State of New York, unless the name of such milk dealer appears conspicuously on the outside of such truck or vehicle in a place where it can be easily read.

Part 34 GRADES FOR CHEDDAR CHEESE, WASHED CURD CHEESE AND COLBY CHEESE

1 CRR-NY 34.1 Definitions {#sec-1-crr-ny-34.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 34.1}

For the purpose of this Part, the following terms shall have the following meanings:

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

(b) Cheddar cheese, washed curd cheese and colby cheese mean those varieties of cheese as defined pursuant to sections 17.30, 17.33 and 17.35 of this Title.

1 CRR-NY 34.2 Grades of New York cheese {#sec-1-crr-ny-34.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 34.2}

Two grades of cheddar cheese, washed curd cheese and colby cheese manufactured in New York State are hereby established: namely “New York State Brand” and “New York Standard.”

1 CRR-NY 34.3 Basis for determining grades {#sec-1-crr-ny-34.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 34.3}

A determination of the grade of cheddar, washed curd or colby cheese shall be, according to the degree of curing, on the basis of rating (a) flavor, (b) body and texture, (c) color, (d) finish and appearance. The rating of each quality factor shall be established on the basis of characteristics present in cheese from any vat. The final grade shall be established on the basis of the lowest rating of any one of the quality characteristics.

1 CRR-NY 34.4 Specifications for grades {#sec-1-crr-ny-34.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 34.4}

The general specifications for the grades of cheese, according to the degree of curing, are as follows:

(a) “New York State Brand” cheese shall conform to the following requirements and specifications:

(1) Flavor. Shall possess desirable and pleasing flavor and odor characteristics. Commensurate with its age and degree of cure, it may possess feed, acid, bitter, fruity and sulfide types of flavors to a degree detectable only upon critical examination. Fresh or uncured cheese of this grade shall not possess bitter, fruity, sulfide, utensil, yeasty or foreign flavors to any degree.

(2) Body and texture. Cheddar cheese of this grade shall be reasonably firm bodied and smooth textured. A plug drawn with a number 6 trier shall be reasonably close, with no large, connecting or ragged openings, and shall be practically free of gas holes or slits.

(i) Commensurate with its age and degree of cure, when cheese of this grade is worked, it shall break down to a cohesive, waxy or semiglossy consistency and shall be free of pronounced rough, grainlike or mealy appearance which is associated with excessive acid.

(ii) Washed curd cheese of this grade shall conform to subparagraph (i) of this paragraph except that it may be definitely open and less firm bodied.

(iii) Colby cheese of this grade shall conform to subparagraph (ii) of this paragraph except that it shall have numerous small mechanical openings distributed throughout the cheese.

(iv) The withdrawal with regularity of full and unbroken trier plugs shall be possible from cheese of this grade.

(3) Color. May be colored or uncolored, but if colored, it shall be uniform throughout. May possess numerous tiny white specks, associated with aged cheese. May possess seaminess and waviness to a slight degree.

(4) Finish and appearance.

(i) Bandaged and paraffin-dipped. The rind shall be sound, firm and smooth, providing a good protection to the cheese. The bandage may be slightly uneven, overlapped or wrinkled, but not burst or torn. The surface shall be practically smooth, bright and have a good coating of paraffin or wax that adheres firmly to all surfaces of the cheese, with certain allowable tolerances for mold and other defects according to the degree of curing. There shall be no indication that mold has entered the cheese. Shall be free from huffing, but may have slightly high edges and be slightly lopsided.

(ii) Rindless. The wrapper or covering shall adequately and securely envelop the cheese, be neat, unbroken and fully protect the surface but may be slightly wrinkled. The cheese shall be free from huffing but may be slightly lopsided and may have very slight mold under the wrapper or covering in medium and cured classifications. There shall be no indication that mold has entered the cheese.

(b) “New York Standard” cheese shall conform to the following requirements and specifications:

(1) Flavor. Shall possess agreeable flavor and odor characteristics. Commensurate with its age and degree of cure, it may possess flavors to a definite but not pronounced degree as follows: feed, acid, bitter, fruity, sulfide, whey-taint, old milk and lipase. Other flavors not foreign to cheese may be permitted to a slight degree.

(2) Body and texture. Commensurate with its degree of cure, cheese of this grade may show a slightly weak, corky, or curdy body, slight pastiness, open characteristic and may possess some gas holes or slits, but pinny gas shall not be permitted. The cheese may have an acid, short or crumbly body, but only to the extent that a full and unbroken trier plug can be drawn from the cheese with regularity.

(i) Washed curd cheese of this grade shall conform to paragraph (2) of this subdivision except that it may be definitely open and less firm bodied.

(ii) Colby cheese of this grade shall conform to subparagraph (i) of this paragraph, except that it shall have numerous small mechanical openings distributed throughout the cheese.

(3) Color. May be colored or uncolored, but if colored, it shall be reasonably uniform throughout. May possess numerous tiny white specks, associated with aged cheese. May possess seaminess, acid cut and waviness to a definite degree.

(4) Finish and appearance.

(i) Bandaged and paraffin-dipped. The rind shall be sound, may be slightly weak, but free from soft spots, rind rot, cracks and openings of any kind. The bandage may be uneven and wrinkled but not burst or torn. The surface may be rough and unattractive, but shall possess a fairly good coating of paraffin or wax. The paraffin may be scaly or blistered with mold and certain other characteristics permitted in accordance with the degree of curing but there shall be no indication that mold has entered the cheese. May be huffed, lopsided, and have high edges.

(ii) Rindless. The covering or wrapper shall adequately and securely envelop the cheese, be fairly neat, unbroken and protect the surface but may be wrinkled. The cheese may be huffed, lopsided and have slight mold under the wrapper or covering in medium and cured classifications. There shall be no indication that mold has entered the cheese.

1 CRR-NY 34.5 Use of grade designation on cheese {#sec-1-crr-ny-34.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 34.5}

The grade designation terms as set forth in these specifications shall be used on cheese only in accordance with the rules and regulations governing their use as set forth in Part 8 of this Title.

1 CRR-NY 34.6 Definition of terms {#sec-1-crr-ny-34.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 34.6}

(a) With respect to packaging:

(1) Paraffin.

Refined paraffin, amorphous wax, microscrystalline wax or any combination of such or any other suitable substance.

(2) Rindless.

Cheese which has not formed a rind due to the impervious type of wrapper, covering or container, enclosing the cheese, or by any other means of handling.

(b) With respect to flavor:

(1) Slight.

Detected only upon critical examination.

(2) Definite.

Not intense but detectable.

(3) Pronounced.

So intense as to be easily identified.

(4) Feed.

Feed flavors (such as alfalfa, sweet clover, silage, or similar feed) in milk carried through into the cheese.

(5) Acid.

Sharp and puckery to the taste, characteristic of lactic acid.

(6) Bitter.

Distasteful, similar to taste of quinine. Most frequently found in aged cheese.

(7) Fruity.

A sweet fruit-like flavor resembling apples; generally increasing in intensity as the cheese ages.

(8) Whey-taint.

A slightly acid flavor and odor characteristic of fermented whey caused by too slow expulsion of whey from the curd.

(9) Old milk.

Lacks freshness.

(10) Lipase.

A flavor suggestive of rancidity or butyric acid, sometimes associated with a bitterness.

(11) Sulfide.

An objectionable flavor of hydrogen sulfide similar to the flavor of water with a high sulfur content.

(12) Foreign.

Flavors not normally associated with cheese, such as contaminants.

(c) With respect to body and texture:

(1) Smooth.

Feels silky; not dry and coarse or rough.

(2) Reasonably firm.

Somewhat less firm but not to the extent of materially injuring the keeping quality of the cheese.

(3) Open.

Mechanical openings that are irregular in shape and are caused by workmanship and not gas fermentation.

(4) Sweet holes.

Spherical gas holes, glossy in appearance; usually about the size of BB shots; also referred to as shot or Swiss holes.

(5) Weak.

Requires little pressure to crush, is soft but is not necessarily sticky like a pasty cheese.

(6) Pasty.

Usually weak body and when the cheese is rubbed between the thumb and fingers it becomes sticky and smeary.

(7) Crumbly.

Loosely knit and tends to fall apart when rubbed between the thumb and fingers.

(8) Gassy.

Gas holes of various sizes and may be scattered.

(9) Pinny.

Numerous very small gas holes.

(10) Practically free of gas.

Limited gas or sweet holes are acceptable, provided that the body or flavor is commensurate with standards set forth in section 34.4(a)(1) and (2) of this Part.

(11) Slits.

Narrow or elongated openings generally associated with cheese that is gassy or yeasty.

(d) With respect to color:

(1) Uncolored.

Absence of artificial coloring.

(2) Seamy.

White thread-like lines that form if the pieces of curd are not properly joined together.

(3) Wavy.

Unevenness of color which appears as layers or waves.

(4) Acid cut.

Bleached or faded appearance which sometimes varies throughout the cheese, appearing most often around mechanical openings.

(5) Tiny white specks.

Specks resembling grains of salt scattered throughout the cheese. They are generally associated with aged cheese.

(e) With respect to finish and appearance:

(1) Wax or paraffin that adheres firmly to the surface of the cheese.

Thin or thick coating with no indication of cracking, breaking or loosening.

(2) Rind.

Hard coating caused by the desiccation of the surface of the cheese.

(3) Firm sound rind.

Possessing a firmness and thickness (not easily dented or damaged) consistent with the size of the cheese and which is dry, smooth, and closely knit, sufficient to protect the interior quality from external defects; free from checks, cracks, breaks, or soft spots.

(4) Burst or torn bandage.

A severance of the bandage usually occurring at the side seam or is otherwise snagged or broken.

(5) Wrapper or covering.

Transparent or opaque material (plastic film type or foil) next to the surface of the cheese, used as an enclosure or covering of the cheese.

(6) Adequately and securely enveloped.

Wrapper or covering properly sealed, and entirely enclosing the cheese, with sufficient adherence for ample protection and prevention of mold.

(7) Smooth bright surface.

Clean, glossy surface.

(8) Soiled surface.

Milkstone, rust spots or other discoloration on the surface of the cheese.

(9) Smooth surface.

Not rough or uneven.

(10) Surface mold.

Mold on the paraffin or the exterior of the cheese.

(11) Mold under bandage and paraffin.

Mold spots or areas that have formed under the paraffin or mold that has penetrated from the surface and continued to develop.

(12) Mold under wrapper or covering.

Mold spots or areas that have formed under the wrapper or on the cheese.

(13) Rough surface.

Lacks smoothness.

(14) Bandage evenly placed.

Overlapping the edges evenly about one inch.

(15) Irregular bandaging.

Bandage improperly placed in the hoop resulting in too much bandage on one end and insufficient on the other causing overlapping; wrinkled and loose fitting.

(16) Lopsided.

One side of the cheese is higher than the other side.

(17) High edge.

A rim or ridge on the follower side of the cheese, which is raised in varying degrees. In extreme cases it may bend over.

(18) Defective coating.

Brittle coating of paraffin that breaks and peels off in the form of scales or flakes; flat or raised blisters or bubbles under the surface of the paraffin; checked paraffin, including cracks, breaks or hairline checks in the paraffin or coating of the cheese.

(19) Cracks in the rind.

Openings or breaks in the rind.

(20) Checked rind.

Numerous small cracks or breaks in the rind, sometimes following the outline of curd particles sometimes referred to as “curd openings.”

(21) Soft spots.

Soft to the touch and the spots are usually faded and moist.

(22) Huffed cheese.

Swollen because of gas fermentation. The cheese becomes rounded or oval in shape instead of being flat.

(23) Weak rind.

Thin and possessing little or no resistance to pressure.

(24) Sour rind.

A fermented rind condition, usually confined to the faces of the cheese.

(25) Wet rind.

A wet rind is one in which the moisture adheres to the surface of the rind and which may or may not soften the rind or cause discoloration.

(26) Rind rot.

Soft spots on the rind that have become discolored and have decayed or decomposed.

(f) With respect to degree of cure:

(1) Fresh, current, mild or any other equivalent term shall mean cheese lacking in flavor development and may possess only slight cheddar cheese flavor. Its texture may be only partially broken down.

(2) Medium cured or any other equivalent term shall mean cheese possessing only moderate degree of characteristic cheddar cheese flavor. Its texture may or may not be entirely broken down.

(3) Cured, sharp, aged or any other equivalent term shall mean moderate to well developed degree of flavor and sharpness. Its texture shall be entirely free from curdiness.

(4) Extra sharp, very sharp, old, tangy or any other equivalent term shall mean well developed degrees of flavor and aroma so that its sharpness is clearly discernible to taste and smell. Its texture shall be entirely free from curdiness.

Part 35 STANDARDIZATION OF MILK AND LABELING OF STANDARDIZED MILK

1 CRR-NY 35.1 Definitions {#sec-1-crr-ny-35.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 35.1}

For the purpose of this Part the following terms shall have the following meanings:

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

(b) Person means any individual, partnership, corporation or cooperative association.

(c) Standardization means the process by which the butterfat and total solids of content of milk is adjusted as herein set forth in section 35.2.

1 CRR-NY 35.2 Standardization {#sec-1-crr-ny-35.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 35.2}

(a) Milk to be standardized.

Milk packaged for sale as milk, homogenized milk, vitamin D milk, vitamin-mineral fortified milk and flavored milk may be standardized. Milk packaged for sale shall be deemed to mean pasteurized milk in all types and sizes of containers up to and including 40-quart cans.

(b) Products used in standardization.

Standardization may be accomplished by the removal of cream or skimmed milk or by the addition of cream or skimmed milk.

(c) Quality or products.

Cream or skimmed milk used for standardization shall be fresh and shall be from fresh milk. If the cream and/or skimmed milk used for standardizing is obtained from a plant or plants other than that at which the standardization is performed, such cream and/or skimmed milk shall be obtained from a plant or plants having the same health approval as is applicable in the area in which the standardized milk is to be sold.

(d) Standardization before pasteurization.

Milk shall be pasteurized after standardization.

(e) Standardization at plant where processed.

Standardization shall be accomplished only at plants where both the processing and packaging is performed, and which plants are operated by duly licensed milk dealers and for which plants, written approval has been given by the commissioner pursuant to section 35.3(a) of this Part.

1 CRR-NY 35.3 Permission to standardize {#sec-1-crr-ny-35.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 35.3}

(a) Written permission required.

Standardization shall take place only at plants which have been approved in writing by the commissioner.

(b) Application.

Application for permission to standardize milk shall be made on a form prescribed by the commissioner.

(c) Revocation of permission.

Permission granted by the commissioner to standardize milk pursuant to subdivision (a) of this section may be withdrawn by the commissioner after hearing, when there has been a violation of this Part or when there has been a violation of any of the provisions of chapter 876 of the Laws of 1966.

1 CRR-NY 35.4 Labeling {#sec-1-crr-ny-35.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 35.4}

(a) Name and address.

In addition to the name and address of the manufacturer, packer or distributor as required pursuant to the provisions of section 201 of the Agriculture and Markets Law, each package of milk whether or not it is standardized, shall bear the name and address or a number assigned by the commissioner, identifying the plant where the milk was processed and packaged.

(b) Milk fat content.

Packages of milk may be labeled to show its milk fat content.

1 CRR-NY 35.5 Records {#sec-1-crr-ny-35.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 35.5}

Each milk dealer who standardizes milk shall keep such records pertaining thereto as are required pursuant to 1 NYCRR Parts 20, 21 and 25.

1 CRR-NY 35.6 [Renumbered] {#sec-1-crr-ny-35.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 35.6}

Part 37 SERVING OF DAIRY PRODUCTS OR MELLOREAM IN PUBLIC EATING PLACES

1 CRR-NY 37.1 Definitions {#sec-1-crr-ny-37.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 37.1}

As used in this Part, unless the context otherwise requires, the following terms shall have the following meanings:

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

(b) Melloream means “melloream” or “a vegetable oil blend” as those terms are defined in section 50-f of the Agriculture and Markets Law. It shall be deemed to include products which are received at public eating places in concentrated or dry form and are reconstituted for use at such places. Wherever the term melloream is used in this Part, it shall be deemed to mean melloream, vegetable oil blends, or such reconstituted products.

(c) Dairy products means cream, half and half, milk or any combination or mixture of such products with milk and/or skimmed milk. It shall be deemed to include dairy products which are received at public eating places in concentrated or dry form and are reconstituted for use at such places.

(d) Public eating place means any restaurant, hotel, boarding house, lunch counter, place of public entertainment, or other place where food is sold for consumption on the premises. It shall be deemed to include camps, dude ranches and other similar establishments operated for profit, even though restricted to a certain age or other distinctive group, but shall not be deemed to include religious, charitable or private camps.

1 CRR-NY 37.2 Product identification {#sec-1-crr-ny-37.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 37.2}

(a) Names.

For the purposes of this section, the products served which are subject to regulation by this Part shall be represented by their defined name or names, except that in the case of melloream, a trade or brand name may be used if followed by one of the following: “Melloream,” “A Vegetable Oil Blend,” “A Vegetable Oil Product,” “Not a Dairy Product,” or “Contains no milk or milk fat.”

(b) Exceptions.

The provisions of this section shall not apply to any of the products regulated by this Part when used in the preparation of cooked or other foods, other than beverages, in which the regulated product or products is one of two or more ingredients used; provided, however, that no prepared or cooked food containing either dairy products or melloream shall be misrepresented as to such ingredients.

(c) Labels, signs or menu statements.

No person who operates a public eating place shall serve any dairy products or melloream, as defined in section 37.1 of this Part, unless he informs the persons served in such public eating place as to the product or products served, by one or more of the following methods:

(1) each person served is provided with a menu on which any of the products subject to regulation pursuant to this Part are shown as being served with a particular beverage or item of food, such as “coffee with __,” “cereal with __,” “fruit with __,” or some other equally informative statement, the blank to be filled in with the name of the product served with that particular beverage or food; or

(2) if only one product subject to regulation pursuant to this Part is served, and each person served is provided with a menu on which there is a statement reading “__ served here,” “We serve __,” or some other equally informative statement, the blank to be filled in with the name of products served; or

(3) if only one product subject to regulation pursuant to this Part is served, and there is posted conspicuously, in each room of such public eating place where such product is served, a sign or signs, visible throughout the room, bearing the words “ __ served here,” “We serve __,” or some other equally informative statement, the blank to be filled in with the name of the product served; or

(4) there is a wall menu or other posted menu, plainly visible to all who are served, on which there appears a statement or statements similar to those permitted pursuant to paragraph (1), (2) or (3) of this subdivision; or

(5) the information to be furnished pursuant to paragraph (1), (2), (3) or (4) of this subdivision is given to each person served by means of notices or statements on each table where persons are served; or

(6) the product or products are served in individual containers or servers on which the name of the product appears in letters which are sufficiently large and conspicuous to be seen under normal conditions at such eating place; or

(7) when dairy products are served solely as a beverage separate from any other beverage or food, they may be listed on the menu by their defined or usual name. When melloream is served solely as a beverage separate from any other beverage or food, it may be listed on the menu as “Melloream,” “A vegetable oil blend,” or by its trade name.

(d) Beverage serving.

Milk or milk products or melloream as regulated by this Part shall not be served as a beverage in any public eating place, unless such product is served in the original package or from a dispenser in the room where the customers are served and located where it can be readily seen by the customers, which dispenser is clearly labeled with the name of the beverage served.

1 CRR-NY 37.3 Sales of dairy products and melloream in stores {#sec-1-crr-ny-37.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 37.3}

Whenever milk or other liquid dairy products and melloream are displayed and offered for sale in the same refrigerator or refrigerated case, the milk and/or other liquid dairy products shall be separated from the melloream by some other product which is neither a liquid dairy product nor melloream.

1 CRR-NY 37.4 Sales through vending machines {#sec-1-crr-ny-37.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 37.4}

When dairy products or melloream are sold through vending machines, such vending machines, including any labeling on the selector devices, shall clearly and correctly indicate the products vended.

Part 40 NEW YORK DAIRY PROMOTION ORDER

DEFINITIONS DEFINITIONS

1 CRR-NY 40.1 Act {#sec-1-crr-ny-40.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.1}

Act means chapter 1008 of the Laws of the State of New York for 1969, as amended, also known as the Dairy Promotion Act, article 21-A of the Agriculture and Markets Law.

1 CRR-NY 40.2 Commissioner {#sec-1-crr-ny-40.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.2}

Commissioner means the Commissioner of Agriculture and Markets of the State of New York.

1 CRR-NY 40.3 Division {#sec-1-crr-ny-40.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.3}

Division means the Division of Dairy Industry Services of the Department of Agriculture and Markets of the State of New York.

1 CRR-NY 40.4 Dairy products {#sec-1-crr-ny-40.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.4}

Dairy products mean milk and products derived therefrom and products of which milk or a portion thereof is a significant part.

1 CRR-NY 40.5 Person {#sec-1-crr-ny-40.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.5}

Person means any individual, partnership, corporation, cooperative association, unincorporated cooperative association or other business unit.

1 CRR-NY 40.6 Producer {#sec-1-crr-ny-40.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.6}

Producer means any person in the State of New York who is engaged in the production of milk in a quantity which exceeds family and on-farm use or who causes milk to be produced for any market in this or any other state.

1 CRR-NY 40.7 Dairy promotion order {#sec-1-crr-ny-40.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.7}

Dairy promotion order means the provisions of this Part issued by the commissioner pursuant to the act.

1 CRR-NY 40.8 Advisory board {#sec-1-crr-ny-40.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.8}

Advisory board means those producers who are appointed by the commissioner pursuant to section 40.15 of this Part to advise and assist him in administering this Part.

1 CRR-NY 40.9 Milk dealer {#sec-1-crr-ny-40.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.9}

Milk dealer means any person who purchases or handles or receives or sells milk.

1 CRR-NY 40.10 Cooperative {#sec-1-crr-ny-40.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.10}

Cooperative means an association or federation or cooperative of milk producers organized under the laws of New York State, or any other state, having agreements with their producer members to market, bargain for or sell the milk of such producers, and is actually performing one or more of these services in the marketing of milk produced by their members, through the cooperative or through a federation of milk cooperatives in which the cooperative has membership.

AREA AND PERSONS AFFECTED AREA AND PERSONS AFFECTED

1 CRR-NY 40.11 Area {#sec-1-crr-ny-40.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.11}

The area to which this Part shall apply is the State of New York.

1 CRR-NY 40.12 Persons {#sec-1-crr-ny-40.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.12}

Persons subject to or affected by this Part shall be:

(a) all producers as defined in this Part; and

(b) all milk dealers as defined in this Part who receive milk from producers.

ADVISORY BOARD ADVISORY BOARD

1 CRR-NY 40.13 Advisory board {#sec-1-crr-ny-40.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.13}

An advisory board consisting of 10 members shall be appointed by the commissioner to advise and assist in the administration of this Part. Each member of the advisory board shall be an individual producer, including any individual who is active in a partnership, corporation, association or other business unit which is a producer as defined in this Part.

1 CRR-NY 40.14 Nominations {#sec-1-crr-ny-40.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.14}

The commissioner shall accept nominations of individual producers for the advisory board which have been submitted in accordance with the following procedure:

(a) The commissioner shall notify in writing each farm organization whose membership is known to include producers as defined in this Part and shall provide such other reasonable notification as he deems appropriate with respect to the date or dates on which he will accept nominations for the advisory board and the final date for submitting any such nomination. The notification by the commissioner shall include a statement setting forth the procedure for submitting a nomination.

(b) Any individual producer marketing milk in the State of New York may submit to the commissioner in writing within the time limitation fixed by him one or more nominations of individual producers for membership on the advisory board.

(c) Any organization listed in section 40.15 of this Part (or any successor thereto) may submit to the commissioner a resolution of its board of directors or other governing body endorsing the nomination of not less than two of its members received pursuant to subdivision (b) of this section and thereby designate to the commissioner any such producer thus endorsed as a recommended representative of its organization on the advisory board.

1 CRR-NY 40.15 Appointments {#sec-1-crr-ny-40.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.15}

The commissioner shall appoint the members of the advisory board and determine their acceptance in accordance with the following procedure:

(a) For each of the organizations or joint organizations listed in this subdivision (or any successor thereto), one of the nominees endorsed by such organization or joint organization pursuant to section 40.14(c) of this Part shall be appointed to the advisory board. In the event less than two nominees are endorsed by an organization, the commissioner at his discretion shall appoint to the advisory board an individual producer who has been nominated pursuant to section 40.14(b) of this Part with or without endorsement by such organization.

(1) Dairylea Cooperative, Inc.

(2) Eastern Milk Producers Cooperative Association, Inc.

(3) Northeast Dairy Cooperative Federation, Inc.

(4) Allied Federated Cooperatives, Inc.

(5) Niagara Frontier Cooperative Milk Producers Bargaining Agency, Inc.

(6) Rochester Cooperative Milk Producers Bargaining Agency, Inc.

(7) New York Farm Bureau, Inc.

(8) New York State Grange, Inc.

(9) Agri-Mark, Inc.

(b) One other individual producer shall be appointed to the advisory board from among nominations which have been submitted in accordance with section 40.14(b) of this Part. In the event the commissioner does not receive a nomination other than those endorsed by organizations pursuant to section 40.14(c) of this Part, he shall appoint from among such nominees at his discretion an individual producer who has not otherwise been appointed to the advisory board pursuant to subdivision (a) of this section.

(c) Each individual producer appointed as a member of the advisory board shall file a written acceptance with the commissioner within 15 days after being notified of his appointment by the commissioner.

(d) After the members of the advisory board have been appointed and each member has indicated his acceptance, the commissioner shall make known to the producers generally the names of the members of the advisory board.

1 CRR-NY 40.16 Term of office {#sec-1-crr-ny-40.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.16}

The term of office for each member of the advisory board shall be three years and successor members shall be appointed by the commissioner in accordance with the provisions of sections 40.14 and 40.15 of this Part to coincide with the three-year term.

1 CRR-NY 40.17 Disqualification {#sec-1-crr-ny-40.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.17}

A member of the advisory board shall be disqualified for any of the following reasons:

(a) He ceases to be a producer as defined in this Part; and

(b) By executive disqualification by the commissioner on recommendation of a majority vote of the advisory board when the member's conduct is deemed prejudicial to the public interest and the dairy promotion order: provided, that a disqualified member shall have the right to appeal and to have a hearing before the full advisory board and the commissioner by filing a written request with the commissioner of his intent to appeal within 10 days after receiving notice of disqualification.

1 CRR-NY 40.18 Vacancies {#sec-1-crr-ny-40.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.18}

In the event of a vacancy on the advisory board created by an appointee's failure to qualify for or accept membership, or which is caused by the death, resignation or disqualification of a member, the commissioner shall appoint an individual producer to serve for the duration of the unexpired term. In making such appointment, the commissioner shall maintain representation on the advisory board in accordance with that prescribed in section 40.15 of this Part.

1 CRR-NY 40.19 Duties and responsibilities of the advisory board {#sec-1-crr-ny-40.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.19}

It shall be the duty and responsibility of the advisory board to advise and assist the commissioner in all matters pertaining to the administration of this Part, subject only to such limitation as may be prescribed in section 258-t of the Agriculture and Markets Law. The advisory board shall:

(a) recommend to the commissioner administrative rules and regulations relating to this Part;

(b) recommend to the commissioner such amendments to this Part as seem advisable;

(c) prepare and submit to the commissioner at least 30 days in advance of each fiscal year an estimated budget required for the proper operation of this Part during such year;

(d) recommend to the commissioner methods of assessing producers and methods of collecting the necessary funds;

(e) assist the commissioner in the collection and assembly of information and data necessary for the proper administration of this Part; and

(f) perform such other duties in connection with this Part as the commissioner shall designate.

1 CRR-NY 40.20 Quorum and vote majority {#sec-1-crr-ny-40.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.20}

A simple majority of the advisory board members shall be necessary to constitute a quorum. A simple voting majority present shall be required to pass any motion or approve any advisory board action. At assembled meetings all votes shall be cast in person.

1 CRR-NY 40.21 Compensation and expenses {#sec-1-crr-ny-40.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.21}

The members of the advisory board shall not receive salaries, but each member shall be reimbursed for his actual and reasonable expenses while attending a meeting or committee meeting of the advisory board or in performing a duty necessary to the functions and activities of the advisory board as determined by the commissioner. The monies required for payment to members of the advisory board as authorized pursuant to this section shall be paid by the commissioner, as trustee, from the funds obtained through assessments against producers pursuant to the terms of this Part.

BUDGET AND ASSESSMENTS BUDGET AND ASSESSMENTS

1 CRR-NY 40.22 Preparation of budget {#sec-1-crr-ny-40.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.22}

At least 15 days in advance of each fiscal year, the commissioner shall announce a budget necessary for its administration and enforcement and for carrying on duly authorized programs and activities including advertising, promotion, education and publicity, marketing and product research, and informational services for encouraging the consumption of dairy products and protecting the health and welfare of consumers, as provided by the act; provided, that the commissioner may modify or revise the budget for any portion of the fiscal year if the maximum rate of assessment authorized under section 40.23 of this Part is amended, in which case he shall announce such revision in budget at least 15 days in advance of the date on which it is to become effective. The total amount of budgeted administrative costs for each fiscal year shall not exceed five percent of the total budget.

1 CRR-NY 40.23 Assessment {#sec-1-crr-ny-40.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.23}

The commissioner shall announce a rate of assessment for each fiscal year to provide adequate funds to defray expenditures in the budget, and there shall be credited against any such assessment the amount per hundredweight otherwise paid by any producer subject to this Part, by voluntary contribution or otherwise, pursuant to the Niagara Frontier and Rochester milk marketing orders and any other State or Federal milk marketing order for any similar research, promotion or advertising program. The rate of assessment shall apply to all milk delivered by producers to milk dealers for sale (including the milk of a milk dealer's own production handled for sale) and shall not exceed a rate per hundredweight which corresponds with the simple average uniform price for the New York - New Jersey Milk Marketing Order (1 NYCRR, Part 20) at the 201-210 milk zone for 3.5 percent butterfat milk for the preceding calendar year, rounded to the nearest whole cent, as set forth in the following schedule:

| Simple Average Uniform Price for Preceding Calendar Year | Maximum Rate of Assessment | | --- | --- | | Dollars Per Hundredweight | | | (Range) | | | 10.01–10.75 | .065 | | 10.76–11.50 | .070 | | 11.51–12.25 | .075 | | 12.26–13.00 | .080 | | 13.01–13.75 | .085 | | 13.76–14.50 | .090 | | 14.51–15.25 | .095 | | 15.26–16.00 | .100 |

In the event the average uniform price for the New York - New Jersey order for the preceding calendar year does not fail within the ranges listed in the foregoing schedule, such schedule shall be extended by the same incremental amounts.

1 CRR-NY 40.24 Collection of assessment {#sec-1-crr-ny-40.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.24}

The rate of assessment fixed by the commissioner pursuant to section 40.23 of this Part upon milk delivered by producers shall be collected as follows:

(a) Each milk dealer shall deduct from the price otherwise to be paid to producers or collecting cooperatives (other than producers who are credited with the full assessment pursuant to section 40.23 of this Part) the rate of assessment announced by the commissioner for the fiscal year on all milk received from producers.

(b) Each milk dealer shall on or before the 25th day of the month pay to the commissioner as trustee, the amount deducted from producers or collecting cooperatives pursuant to subdivision (a) of this section on milk received during the preceding month. Each milk dealer with respect to his own production shall also pay to the commissioner as trustee, on or before the 25th day of the month for milk handled for sale during the preceding month, an amount computed at the rate of assessment announced by the commissioner.

(c) The amounts paid to the commissioner as trustee pursuant to subdivision (b) of this section shall be deposited with a bank or other depository in the State designated by him and the State Comptroller and subject to withdrawal or disbursement by the commissioner in accordance with the act and the terms and provisions of this Part. Such fund shall be known as the dairy promotion fund.

1 CRR-NY 40.25 Prior assessments {#sec-1-crr-ny-40.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.25}

Any assessments paid to the commissioner by cooperative associations prior to the effective date of this Part to defray the expense of promulgating, administering and enforcing the order until such time as the assessment as provided pursuant to section 40.23 of this Part is adequate for that purpose shall be reimbursed to such cooperative associations from the funds received and deposited by the commissioner in the dairy promotion fund pursuant to section 40.24 of this Part.

REPORTS AND RECORDS OF MILK DEALERS REPORTS AND RECORDS OF MILK DEALERS

1 CRR-NY 40.26 Monthly report to the division {#sec-1-crr-ny-40.26 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.26}

Not later than the 28th day of each month, except as the commissioner may otherwise provide, each milk dealer, including a milk dealer handling only milk of his own production, shall file with the division at Albany, on forms provided for that purpose, an accurate report covering the preceding month, for each plant or other facility operated by him, showing the quantities of milk received from producers and the monies deducted from the prices otherwise paid producers or collecting cooperatives as assessments required under this Part. Such reports shall be sworn to by the milk dealer or by a responsible officer or employee authorized to act in his behalf.

1 CRR-NY 40.27 Records to be maintained {#sec-1-crr-ny-40.27 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.27}

Each milk dealer shall maintain accurate records, books of accounts and other data readily available at his or its office or other principal places of business which shall verify the quantity of milk received from producers. Such records shall establish for each plant or other receiving point each month:

(a) the full name and post office address of each producer from whom the milk dealer has received milk;

(b) the quantity of milk received from each such producer each day; and

(c) such other records as the commissioner deems necessary for the administration of this Part.

1 CRR-NY 40.28 Accurate record of quantities {#sec-1-crr-ny-40.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.28}

When the quantity of milk delivered to a milk dealer by or for the account of a producer is determined by weighing, or otherwise, an accurate record of each such determination showing the quantity of milk received for the account of each such producer shall be made at once. Each such original record containing information with respect to the quantity of milk received for the account of one or more producers, whether the records be for one day or more than one day, shall be dated and signed by the person making the determination, and shall be preserved by the milk dealer purchasing or receiving such milk regardless of the fact that such milk dealer may copy such records for the purpose of making a more permanent record for the milk dealer's own use.

1 CRR-NY 40.29 Availability of records and facilities {#sec-1-crr-ny-40.29 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.29}

Each milk dealer shall make available at his office at all reasonable hours to any employee designated by the commissioner all books, papers, records or documents relating to the purchase of milk from producers.

1 CRR-NY 40.30 Retention of records {#sec-1-crr-ny-40.30 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.30}

All records required pursuant to this Part to be made available to the commissioner shall be retained by the milk dealer for a period of three years to begin at the end of the month to which such records pertain. If, within the three-year period the commissioner notifies the milk dealer in writing that further retention of such records is necessary, the milk dealer shall retain the specified records until further written notification is received from the commissioner.

PROMOTION PROGRAMS AND DISBURSEMENT OF FUNDS PROMOTION PROGRAMS AND DISBURSEMENT OF FUNDS

1 CRR-NY 40.31 Advertising, promotion, education and publicity of dairy products {#sec-1-crr-ny-40.31 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.31}

The commissioner, with the advice and assistance of the advisory board, is hereby authorized to contract with any person or persons to carry on or cause to be carried on such advertising, promotion, education and publicity programs as he may believe will create new markets for the milk of producers as defined in this Part or maintain present markets therefor. For such purposes, he may expend such monies or any part thereof as may be available pursuant to this Part. No advertising, promotion or publicity programs shall be conducted pursuant to this Part which make reference to any particular brand or trade name.

1 CRR-NY 40.32 Marketing and product research {#sec-1-crr-ny-40.32 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.32}

The commissioner, with the advice and assistance of the advisory board, is hereby authorized to contract with any person or persons to carry on or cause to be carried on milk marketing and/or dairy product research and to expend such monies as may be available pursuant to this Part for such purpose.

1 CRR-NY 40.33 Information services {#sec-1-crr-ny-40.33 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.33}

The commissioner, with the advice and assistance of the advisory board, is hereby authorized to contract with any person or persons to provide for informational services designed to keep producers and others informed on milk marketing and dairy product research, promotion, advertising, education and publicity programs and any other dairy industry information deemed important, and to expend such monies as may be available and required pursuant to this Part to obtain and disseminate such information.

1 CRR-NY 40.34 Disbursement of funds {#sec-1-crr-ny-40.34 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.34}

The monies deposited in the dairy promotion fund shall be disbursed by the commissioner with the advice and assistance of the advisory board for the necessary expenses incurred with respect to this Part. All such disbursements shall be made in the manner prescribed by the act and the provisions of this Part and shall be in accordance with any rules and regulations promulgated by the commissioner to effectuate the provisions and intent thereof. The expenses incurred with respect to this Part shall be audited by the State Comptroller at least annually and a copy of the audit report shall be made available to any producer for inspection.

1 CRR-NY 40.35 Report of the commissioner {#sec-1-crr-ny-40.35 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.35}

The commissioner, with the advice and assistance of the advisory board, shall prepare and publish a report each year for the benefit of producers which shall contain information on the promotion programs carried on during the preceding year, the expenditure of funds for each such program and such other information with respect to this Part as may be of benefit to producers.

MISCELLANEOUS AND GENERAL PROVISIONS MISCELLANEOUS AND GENERAL PROVISIONS

1 CRR-NY 40.36 Effective date {#sec-1-crr-ny-40.36 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.36}

The provisions of this Part or any amendments thereto shall become effective at such time as the commissioner may declare and shall continue in force until suspended or terminated by him in accordance with the act. This Part shall continue in effect on and after May 1, 1984 if not amended or otherwise voted upon within a period of three years therefrom.

1 CRR-NY 40.37 Amendment, suspension or termination {#sec-1-crr-ny-40.37 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.37}

The commissioner may amend, suspend or terminate any or all provisions of this Part in accordance with the provisions of the act and any rules and regulations promulgated by him to effectuate the provisions and intent thereof.

1 CRR-NY 40.38 Continuing power and duty {#sec-1-crr-ny-40.38 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.38}

If, upon amendment, suspension or termination of any or all provisions of this Part, there are any obligations arising hereunder the final accrual or ascertainment of which requires further acts by any milk dealer, or by the commissioner, or by any other person, the power and duty to perform such further acts shall continue notwithstanding such amendment, suspension or termination.

1 CRR-NY 40.39 Continuing obligation of milk dealers {#sec-1-crr-ny-40.39 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.39}

Unless otherwise provided by the commissioner in any notice of amendment, suspension or termination of any or all of the provisions hereof, such amendment, termination or suspension shall not:

(a) affect, waive or terminate any right, duty, obligation or liability which shall have arisen or may thereafter arise in connection with any provision of this Part;

(b) release or waive any violation of this Part occurring prior to the effective date of such amendment, termination or suspension; or

(c) affect or impair any right or remedies of the commissioner or of any other person with respect to any such violations.

1 CRR-NY 40.40 Liquidation {#sec-1-crr-ny-40.40 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.40}

Upon the termination of this Part, the commissioner shall dispose of all funds received hereunder in an equitable manner, together with claims to any such funds which are unpaid and owing at the time of termination and which are in accordance with the intent of the act and the provisions of this Part.

1 CRR-NY 40.41 Rate of assessment {#sec-1-crr-ny-40.41 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 40.41}

The rate of assessment to be paid pursuant to this Part is hereby established as follows: 7 ½ cents per hundredweight for the period May 1, 1988, through April 30, 1989, on all milk received from producers, including each milk dealer's own production of milk handled for sale.

Part 41 REQUIREMENTS FOR THE TRANSPORTATION AND STORAGE OF PASTEURIZED MILK

1 CRR-NY 41.1 General application {#sec-1-crr-ny-41.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 41.1}

The terms and provisions of this Part shall apply to the transportation and storage of pasteurized milk packaged for resale.

1 CRR-NY 41.2 Definitions {#sec-1-crr-ny-41.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 41.2}

The following definitions shall apply to the terms used in this Part:

(a) Distributor means any person who purchases milk from a milk dealer and transports it for intended resale in the original container.

(b) Milk means "milk" as defined in subdivision (7) of section 253 of the Agriculture and Markets Law that has been pasteurized and packaged, except that it does not include milk that has been aseptically processed as defined in section 2.2 of this Title.

(c) Milk dealer means a "milk dealer" as defined in subdivision (4) of section 253 of the Agriculture and Markets Law.

(d) Person means a "person" as defined in subdivision (3) of section 253 of the Agriculture and Markets Law.

(e) Certification means a written statement, subscribed and dated by a distributor or his duly authorized representative, which sets forth the distributor's name, business address, telephone number, vehicle license plate number, and a declaration that all requirements for ensuring that milk is properly transported, as prescribed in section 257-a of the Agriculture and Markets Law, have been met relative to such distributor's purchases of milk from a particular milk dealer.

1 CRR-NY 41.3 Certification requirement {#sec-1-crr-ny-41.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 41.3}

(a) Any milk dealer who sells milk to a distributor shall, on or before the date of the first such sale, obtain from such distributor a certification as defined in subdivision (e) of this section, unless exempted pursuant to section 41.4 of this Part.

(b) Any certification obtained pursuant to this section shall be retained by the milk dealer at its usual place of business for so long as milk sales to the distributor continue, and shall be made available for inspection by the commissioner's representative during regular business hours.

1 CRR-NY 41.4 Exemption {#sec-1-crr-ny-41.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 41.4}

Any person who purchases or handles milk in a total quantity not exceeding 10 gallons per delivery is exempt from the requirements of this Part and section 257-a of the Agriculture and Markets Law.

1 CRR-NY 41.5 Certification form {#sec-1-crr-ny-41.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 41.5}

A certification in the following form shall be deemed to satisfy the requirement of this Part:

DISTRIBUTOR'S CERTIFICATION

I hereby certify that the vehicle transporting packaged milk for resale in the same container is capable of maintaining such milk at a temperature of not more than 45 degrees Fahrenheit and the packaged milk is stored and shipped in a compartment which contains no toxic and hazardous chemicals or solid waste as defined in section 257-a of the Agriculture and Markets Law.* These requirements are being met with regard to milk purchased by me from

(Name & Address of Milk Dealer)

| | | | --- | --- | | | | | (Name of Distributor) | (Address of Distributor) | | | | | (Vehicle License Plate Number) | (Telephone Number of Distributor) | | | | | (Date Signed) | (Signature of Distributor or Distributor's Representative) | | | | | | (Name and Title of Signer) |

1 CRR-NY 41.6 [Repealed] {#sec-1-crr-ny-41.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 41.6}

Part 42 DEPOSIT ON MILK CASES

1 CRR-NY 42.1 General application {#sec-1-crr-ny-42.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 42.1}

Except as otherwise provided herein, the terms and provisions of this Part shall apply to each milk dealer or other person who handles, sells or distributes milk or milk products in packaged form within the State of New York.

1 CRR-NY 42.2 Definitions {#sec-1-crr-ny-42.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 42.2}

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

(b) Person means any individual, firm, partnership, corporation or association.

(c) Milk dealer means any person licensed to purchase, handle or sell milk pursuant to article 21 of the Agriculture and Markets Law.

(d) Wholesale customer means a grocery store, hotel, restaurant, soda fountain, dairy products store, automatic milk vending machine, school, college, hospital, institution, nursing home, government installation or similar establishment to which packaged milk is sold or delivered other than at retail to a family unit.

(e) Milk case means a rigid multi-use container used for packing and transporting or delivering cartons, bottles, jugs or other receptacles for packaging milk and milk products, and which is made of wood, metal, plastic or other rigid materials.

1 CRR-NY 42.3 Identification of milk cases {#sec-1-crr-ny-42.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 42.3}

For purposes of this Part, each milk case used for the sale or delivery of milk and milk products to wholesale customers in the State of New York shall have the name or other business identification of the person who is the owner clearly printed, embossed, inscribed or otherwise permanently marked on each such milk case.

1 CRR-NY 42.4 Deposit {#sec-1-crr-ny-42.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 42.4}

The deposit on each milk case which is used to transport or deliver milk and milk products to wholesale customers in the State of New York or is furnished to another milk dealer or other person for sale or delivery, and which upon delivery remains on or at the premises or in the possession of the person who purchases or receives the milk or milk products for use or resale, shall be not less than $2, except that for the counties of Bronx, Kings, Manhattan, Nassau, Queens, Richmond, Suffolk and Westchester, the deposit shall be not less than 50 cents.

1 CRR-NY 42.5 Application of the deposit on milk cases {#sec-1-crr-ny-42.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 42.5}

Every milk dealer or other person is responsible for assessing or collecting the deposit provided for in section 42.4 of this Part in the following manner:

(a) Every milk dealer who sells, delivers or furnishes milk or milk products in packaged form to another milk dealer or other person for sale or delivery in the State of New York in a milk case which is owned by the supplying dealer shall assess or collect a deposit from the milk dealer or other person upon transfer or delivery of the milk case to such person. The deposit shall be held by the supplying dealer until the milk case is returned to him by the milk dealer or other person.

(b) Every milk dealer or other person who sells or delivers milk and milk products in packaged form to wholesale customers in the State of New York shall assess or collect a deposit from each such customer for each milk case which is furnished and remains on or at the premises or in the possession of the wholesale customer; provided, however, that a deposit is not required when a milk case is furnished to a wholly owned or subsidiary store of the milk dealer or other person. The deposit shall be held by the milk dealer or other person as long as the milk case remains on or at the premises or in the possession of the wholesale customer and until it is returned to the milk dealer or other person by such customer.

(c) Refund of the deposit assessed or collected from a milk dealer, other person or wholesale customer shall be made to such person only upon return of the milk case for which a replacement is not being furnished and which is in useful condition allowing for normal wear and breakage.

1 CRR-NY 42.6 Violations {#sec-1-crr-ny-42.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 42.6}

It shall be a violation of this Part for any milk dealer or other person to evade, circumvent or otherwise minimize the intent and effect of the deposit on milk cases through a price concession, allowance, discount or rebate or through the furnishing of credit, service, facilities or any other consideration to another milk dealer, other person or wholesale customer to whom he sells or delivers milk and milk products.

1 CRR-NY 42.7 Records and availability {#sec-1-crr-ny-42.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 42.7}

Every milk dealer or other person shall maintain complete and accurate records and accounts on the assessment, collection and refunding of the deposit on milk cases, and all such records and accounts shall be made available at all reasonable hours for examination by the commissioner and any employee designated by him for such purpose.

1 CRR-NY 42.8 [Repealed] {#sec-1-crr-ny-42.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 42.8}

Part 43 IMPLEMENTATION OF MILK PRODUCERS SECURITY LAW

1 CRR-NY 43.1 General application {#sec-1-crr-ny-43.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.1}

Except as otherwise provided in this Part, the terms and provisions of this Part shall apply to all milk produced on farms in the State of New York and which is sold or delivered to a milk dealer or cooperative. For purposes of this Part, a joint or common marketing agency operated by one or more cooperative corporations or associations of producers shall be considered a cooperative if qualified under the provisions of section 258-b of the Agriculture and Markets Law.

1 CRR-NY 43.2 Definitions {#sec-1-crr-ny-43.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.2}

For the purpose of this Part:

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

(b) Law means article 21 of the Agriculture and Markets Law, as amended by chapter 540 of the Laws of 1987.

(c) Person means any person, firm, corporation, partnership, association, cooperative corporation or unincorporated cooperative association.

(d) Milk dealer means any person licensed to receive, purchase, handle or sell milk pursuant to article 21 of the Agriculture and Markets Law and the applicable rules and regulations promulgated thereunder by the commissioner; provided, that for purposes of this Part a cooperative corporation or association of producers shall be deemed to be a producer and not a milk dealer with respect to milk marketed for its producer members and the milk of producer members of any other cooperative which is marketed under contract with such cooperative.

(e) Milk means all milk and milk products as defined pursuant to section 253(7) of the law. [next page is 134.95]

(f) Payment means cash payment in full received on or before the due date established pursuant to section 258-b(2)(a) of the law. Payment by check shall be treated as conditional payment but shall be defeated upon dishonor of the check.

(g) Producers security fund means a milk producers security fund established pursuant to section 258-b(4) of the law.

1 CRR-NY 43.3 Prevailing class II price {#sec-1-crr-ny-43.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.3}

The prevailing class II price for the second preceding month for purposes of making partial payment for milk pursuant to section 258-b(2)(a) of the law shall be the class II or equivalent milk price announced for the applicable Federal or State milk marketing order. A milk dealer not subject to a Federal or State milk marketing order shall make partial payment at not less than the class II price announced for the New York - New Jersey milk marketing order (Parts 19 and 20 of this Title).

1 CRR-NY 43.4 Notice of nonpayment for milk {#sec-1-crr-ny-43.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.4}

Any milk producer, including a cooperative corporation or association of producers, who does not receive payment for milk from a milk dealer within the time prescribed in section 258-b(2)(a) of the law shall notify the commissioner of such fact, verbally or in writing, within five days of the date on which payment was due from the milk dealer.

1 CRR-NY 43.5 Application of producer security provisions {#sec-1-crr-ny-43.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.5}

(a) A cooperative corporation or association of producers shall, with respect to milk purchased or received from nonmember producers for sale, processing or manufacture (except producer members of another cooperative under contract to such cooperative or other sales or transfers of milk from another cooperative) make required payments to the producers security fund and/or file a bond or other security in the amount required pursuant to section 258-b of the law. For the purpose of this subdivision, a cooperative shall be considered a milk dealer.

(b) A milk dealer who purchases milk of New York producers from a cooperative corporation or association of producers which is commingled with milk produced out-of-state shall make payments to the producers security fund and/or file a bond or other security covering the proportionate amount of New York-produced milk received by the dealer. A cooperative shall maintain a record of the quantity of New York-produced milk included in each delivery to a milk dealer, and shall provide the dealer with a monthly accounting of such quantity.

(c) A milk dealer who purchases milk in packaged form from a cooperative corporation or association of producers shall make payments to the producers security fund and/or file a bond or other security in the amount required pursuant to section 258-b of the law.

(d) A milk dealer shall be exempt from making payments to the producers security fund or filing a bond or other security with respect to milk received from a cooperative corporation or association of producers for processing and packaging on account for such cooperative pursuant to a written contract or agreement whereby the cooperative holds title to the milk at all times, pays the milk dealer for services rendered and takes physical possession of the milk when processed and packaged. In such case the cooperative shall be responsible for accounting for such milk under the producer security provisions of section 258-b of the law if received from nonmember producers, in accordance with subdivision (a) of this section.

1 CRR-NY 43.6 Operation of producers security fund {#sec-1-crr-ny-43.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.6}

(a) Annually, and at such other times as he deems appropriate, the commissioner shall determine the amount of money to be accumulated in the producers security fund sufficient to protect the interests of producers in accordance with section 258-b(4)(b) of the law. The commissioner's determination shall be promptly announced to milk dealers participating in the producers security fund.

(b) Each milk dealer who participates in the producers security fund shall on or before the 25th day of each month make payment to the commissioner, at the rate per hundredweight announced for the fiscal year pursuant to section 258-b(3)(a) of the law or at such lesser rate as may be established pursuant to section 258-b(3)(b) of the law, on all milk purchased, received or handled from producers during the preceding month. Such payment shall be reduced by the amount of any credit the commissioner issues to the milk dealer pursuant to subdivision (f) of this section applying to such monthly payment and the balance payable shall be considered the dealer's net monthly payment to the fund. The amount of a milk dealer's required net monthly payment to the producers security fund may be increased by one percent for each month or portion thereof that such payment is received after the due date. Notwithstanding the payment of late charges, the commissioner may take such action against the milk dealer for late payment as he deems appropriate pursuant to the law.

(c) The balance in the producers security fund shall be determined monthly by the commissioner, including any interest credited to the fund and allowing for payments from the fund for the expense of administration, withdrawals by milk dealers who terminate their participation therein, any credits issued or paid from the fund, claims paid from the fund not reimbursed by the defaulting milk dealer and any amounts the commissioner has reason to believe will be paid from the fund as a result of pending claims.

(d) An account shall be maintained by the commissioner for each milk dealer who participates in the producers security fund, showing his initial and net monthly payments to the fund and any cash credits or rebates received from the fund.

(e) Each milk dealer's percentage (pro rata) share of the balance in the producers security fund to be computed by the commissioner at the close of each calendar quarter shall be his total net payments to date less any rebates or other cash credits he has received from the fund divided by the total of such payments less rebates and cash credits of all dealers participating in the fund at the close of such calendar quarter; provided that:

(1) Any milk dealer who has defaulted in paying producers or a producer settlement or equalization fund for an order promulgated under section 258-m or 258-n of the law for which a claim or claims have been paid or there is reason to believe will be paid from the producers security fund, and has not promptly reimbursed the fund in full for such claim or claims, shall have his percentage share of the balance in the fund reduced to the extent of all such claims.

(2) Any milk dealer who fails to make payment to the producers security fund in accordance with subdivision (b) of this section shall have his percentage share of the balance in the fund reduced to the extent of such delinquent payments.

(f) Whenever the balance in the producers security fund at the close of a calendar quarter exceeds, by more than two percent, the amount the commissioner determines should be accumulated in the fund pursuant to subdivision (a) of this section, he shall compute a credit for each participating milk dealer by multiplying the dealer's percentage share, as calculated pursuant to subdivision (e) of this section, times the amount by which the balance in the fund exceeds the amount the commissioner has determined should be so accumulated. Notice of any such credits shall be issued to each participating milk dealer for application to such dealer's monthly payments to the fund during the next calendar quarter. If a credit or credits issued to a milk dealer exceed the amount of his required payments to the fund during such calendar quarter, such excess credits shall be paid by the commissioner to the dealer at the close of the calendar quarter.

(g) At least twice each year, the commissioner shall report to participating milk dealers and producers on receipts and disbursements from the producers security fund, the balance therein and such other information about the fund as he deems of importance to such interested persons.

1 CRR-NY 43.7 Exemption from mandatory minimum surety bond {#sec-1-crr-ny-43.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.7}

(a) A milk dealer may apply in writing to the commissioner to be exempted from filing a mandatory minimum surety bond pursuant to section 258-b(3)(c) of the law when such dealer elects to participate in the producers security fund or upon renewal of his milk dealer's license. Any such application must be filed not later than three months prior to the date the dealer intends to begin participating in the producers security fund or the date of license renewal and shall set forth the basis upon which an exemption is sought, including but not limited to current financial information.

(b) Notwithstanding the time established for milk dealers to apply for exemption from the mandatory minimum surety bond pursuant to subdivision (a) of this section, a milk dealer may apply not later than October 23, 1987 to be exempted from filing the initial such bond required pursuant to chapter 540 of the Laws of 1987.

(c) The criteria to be used in reviewing an applicant's financial condition, the viability of the producers security fund and the effect of the proposed exemption on security afforded producers shall include, but not be limited to, the following:

(1) the milk dealer's financial liquidity, indebtedness, equity in the business and tangible net worth, profitability, value of unencumbered real and other tangible assets located within New York State, value of milk purchases from New York State producers and in total, and payment practices, and such other factors as may be required to assess the applicant's financial condition;

(2) the balance in the producers security fund relative to the total value of milk secured by the fund and the value of milk on which exemption from the mandatory minimum surety bond is requested or has been granted;

(3) the amount of any producers claims pending against the producers security fund or which the commissioner has reason to believe will be filed against the fund; and

(4) the estimated amounts of payments and interest to be deposited or credited to the producers security fund and expenses or payments to be made from the fund during the next 12 months.

1 CRR-NY 43.8 Withdrawal from producers security fund {#sec-1-crr-ny-43.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.8}

(a) In the case of a milk dealer who terminates his participation in the producers security fund pursuant to section 258-b(4)(c) of the law or ceases to do business as a milk dealer in a manner requiring the filing of producer security, such milk dealer's pro rata share of the fund shall be as determined pursuant to section 43.6 of this Part at the close of the license year when the dealer's participation in the fund is terminated. The commissioner shall pay such a milk dealer his pro rata share of the producers security fund after he is satisfied through audit or other information that the dealer has paid in full for all milk purchased, received or handled from producers or cooperatives during the period in which he participated in the fund, including any payments to a producer settlement or equalization fund for an order promulgated under section 258-m or 258-n of the law.

(b) A milk dealer who sells or transfers his milk business in its entirety to another milk dealer or to a person who has applied for a milk dealer's license may assign his interest in the producers security fund, as determined pursuant to subdivision (a) of this section to such milk dealer or person if the latter is already participating or has filed notice of his intent to participate in the fund. Any interest in the producers security fund assigned to a milk dealer or other person shall be applied to his required initial payment to the fund and the balance of such interest shall remain with the fund for the account of such dealer or person. The assignment of any interest in the producers security fund by a milk dealer shall be subject to approval by the commissioner and shall be conditioned on the assignee assuming full responsibility for any claims arising from the failure of such assigning dealer to pay for milk purchased, received or handled during the period in which he participated in the fund.

1 CRR-NY 43.9 Claims against mandatory minimum surety bonds and producers security fund {#sec-1-crr-ny-43.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.9}

(a) A deficiency in payment for milk by a milk dealer resulting from an error in butterfat test or other calculation or from a disagreement over quantity, test, price or other terms of trade shall not be cause for a producer or a market administrator to file a claim, pursuant to section 258-b(5) of the law, against a mandatory minimum surety bond and the producers security fund.

(b) Claims against a mandatory minimum surety bond and the producers security fund shall be filed within 30 days of notice by the commissioner to producers and a market administrator unless the commissioner determines that there is reasonable cause to accept claims filed after such deadline.

(c) The appropriate uniform price of milk for which a claim is filed shall be the uniform price for the milk marketing order under which such milk is priced, adjusted for butterfat content and zone location, or such other pay price as the commissioner determines is appropriate for a milk dealer not subject to a milk marketing order. For purposes of this Part, any amount owed to or received or credited from a producer settlement or equalization fund of an order promulgated under section 258-m or 258-n of the law by a cooperative on milk included in a claim filed against a defaulting milk dealer shall be considered as owing to or credited from such fund on account of the milk dealer and shall be added to or deducted, as the case may be, from the cooperative's claim against a mandatory minimum surety bond and the producers security fund.

(d) For the purpose of determining the amount payable on a claim pursuant to section 258-b(5)(c) of the law, the earliest debt owed a claimant by a milk dealer shall mean the amount owed for milk sold or delivered to such milk dealer during the first 43-consecutive-day period for which payment was not received.

(e) In the event the commissioner authorizes the comptroller to make estimated payments from the producers security fund to individual producer claimants, pursuant to section 258-b(5)(a) of the law, each such claimant shall be required as a condition to receiving an estimated payment to execute a written agreement to repay to the producers security fund any amount thereafter determined by the commissioner is not due upon the producer's claim.

1 CRR-NY 43.10 Amount of surety bond or alternative security {#sec-1-crr-ny-43.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.10}

(a) Each milk dealer who is required to file a mandatory minimum surety bond pursuant to section 258-b(3)(c) of the law or elects to file a surety bond or alternative security in accordance with section 258-b(6) and (7) of the law shall, in determining the highest aggregate value of milk purchased or received from producers in two consecutive months during the preceding 12 months, take into account both the quantity and minimum price of such milk. The value so determined shall include any amount paid to a producer settlement or equalization fund for an order promulgated under section 258-m or 258-n of the law.

(b) In determining, pursuant to section 258-b(3)(d) of the law, whether a milk dealer should be required to file a further surety bond or other security in addition to making payments to the producers security fund and filing a mandatory minimum surety bond, and the amount of additional security to be required, the commissioner shall take into account the milk dealer's financial liquidity, indebtedness, equity in the business and tangible net worth, profitability, value of unencumbered real and other tangible assets located within New York State, value of milk purchases from New York State producers and in total, payment practices, and the maximum value of his purchases of milk from producers during a 43-day period.

1 CRR-NY 43.11 Filing additional security {#sec-1-crr-ny-43.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.11}

(a) Whenever the commissioner determines, pursuant to section 258-b(3)(d) or (8) of the law, that additional security is required of a milk dealer, such dealer shall within 10 days of receiving written notice from the commissioner indicate in writing how he intends to satisfy the requirement for additional security and within 30 days of the commissioner's notice shall file a surety bond or alternative security in satisfaction thereof.

(b) A milk dealer who is notified by the commissioner that additional security must be filed may request a review of the amount of additional security, provided such request is made within 10 days of receiving notice from the commissioner. Such request shall not waive the requirement that the additional security be filed within 30 days of notice by the commissioner.

1 CRR-NY 43.12 Claims against surety bonds or alternative security {#sec-1-crr-ny-43.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.12}

(a) The limitations and conditions governing claims against mandatory minimum surety bonds and the producers security fund as set forth in section 43.9(a)-(d) of this Part shall be applicable to claims filed by producers or a market administrator against a surety bond or alternative security pursuant to section 258-b(9) of the law.

(b) Monies available in the producers security fund to pay producer claimants for whom recovery on a surety bond has not been made within 60 days of the commissioner's certification of the amounts due such producers shall be the balance in the fund less the amount of any producer claims pending against the fund or which the commissioner has reason to believe will be filed against the fund.

1 CRR-NY 43.13 Applicability of prohibitions and violations {#sec-1-crr-ny-43.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.13}

(a) The provisions for prompt payment for milk prescribed under section 258-b(2) of the law shall apply to both bulk and packaged milk purchased or received by a milk dealer from a cooperative corporation or associations of producers.

(b) The prohibitions and violations relating to the sale of milk by a milk dealer to another milk dealer pursuant to section 258-b(15) of the law shall apply to the sale of milk by a cooperative corporation or association of producers to a milk dealer.

1 CRR-NY 43.14 Records and availability {#sec-1-crr-ny-43.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.14}

Each milk dealer and cooperative shall maintain complete and accurate records and accounts of all milk and milk products purchased, received or handled, billings and payments and such other records as may be required for the administration and enforecment of section 258-b of the Law and the terms and provisions of this Part. All such records and accounts shall be made available to the commissioner or any employee designated by him for such purpose.

1 CRR-NY 43.15 Reporting {#sec-1-crr-ny-43.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.15}

In addition to any monthly reports otherwise required of milk dealers and cooperatives pursuant to article 21 of the law, each milk dealer and cooperative subject to the provisions of section 258-b of the law shall as required by the commissioner file such other reports and information as may be necessary for administration and enforcement of that section.

1 CRR-NY 43.16 Disclosure of milk dealer financial statements {#sec-1-crr-ny-43.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.16}

The commissioner may, in his sole discretion, make available to insurers financial statements, or portions thereof as are necessary, of milk dealers participating in the milk producers security fund, in order to obtain insurance coverage for the milk producers security fund (cf. Agriculture and Markets Law, section 258-b).

1 CRR-NY 43.17 [Repealed] {#sec-1-crr-ny-43.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.17}

1 CRR-NY 43.18 to 43.20 to 43.20 [Renumbered] {#sec-1-crr-ny-43.18-to-43.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.18 to 43.20}

1 CRR-NY 43.21 [Renumbered] {#sec-1-crr-ny-43.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 43.21}

Part 44 PROMPT PAYMENT FOR MILK TO MILK DEALERS

1 CRR-NY 44.1 General application {#sec-1-crr-ny-44.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 44.1}

The terms and provisions of this Part shall apply to sales or deliveries of milk by a milk dealer to another milk dealer.

1 CRR-NY 44.2 Definitions {#sec-1-crr-ny-44.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 44.2}

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

(b) Person means any individual, firm, partnership, corporation or association.

(c) Milk dealer means any person licensed to receive, purchase, handle or sell milk pursuant to article 21 of the Agriculture and Markets Law and the applicable rules and regulations promulgated thereunder by the commissioner.

(d) Milk means all milk and milk products, as defined pursuant to subdivision seven of section 253 of the Agriculture and Markets Law, whether in bulk or packaged form.

(e) Payment means cash payment in full received on or before the due date established pursuant to this Part. Payment by check shall be treated as conditional payment but shall be defeated upon dishonor of the check.

1 CRR-NY 44.3 Final date for payment {#sec-1-crr-ny-44.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 44.3}

Each milk dealer shall pay for all milk purchased or received from another milk dealer on or before the 20th day of the month following the month in which the milk was purchased or received. If the commissioner fixes an earlier final date for payment by a milk dealer to a cooperative association of producers which is also a milk dealer with respect to milk subject to regulation under a marketing order promulgated pursuant to the provisions of section 258-m or 258-n of the Agriculture and Markets Law, such earlier date of payment shall be effective under this Part for milk purchased from such cooperative.

1 CRR-NY 44.4 Prohibition {#sec-1-crr-ny-44.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 44.4}

No milk dealer shall sell or deliver milk, except on a cash-on-delivery basis, to a milk dealer who has failed to make full payment on or before the final date prescribed under section 44.3 of this Part for milk purchased or received from any milk dealer.

1 CRR-NY 44.5 Notice of late payment {#sec-1-crr-ny-44.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 44.5}

Each milk dealer shall notify the commissioner in writing of any milk dealer who has failed to pay him for milk on or before the final date prescribed by this Part and whose current purchases of milk are required to be made on a cash-on-delivery basis.

Chapter II ANIMAL INDUSTRY

Subchapter A DISEASES OF DOMESTIC ANIMALS; GARBAGE FEEDING

Part 45 AVIAN INFLUENZA

1 CRR-NY 45.1 Definitions {#sec-1-crr-ny-45.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 45.1}

For the purposes of this Part:

(a) Accredited veterinarian means a veterinarian approved by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture and accredited to perform functions of Federal and cooperative State-Federal programs.

(b) Approved certificate of veterinary inspection means a document issued by an accredited veterinarian and approved and countersigned by the State Animal Health Official of the state or country of origin. The certificate shall include the full name and address of both consignor and consignee, the date of issue, the dates and results of any qualifying tests, the health status of the source flock, the anticipated date of movement of poultry and a statement that the poultry have been inspected by an accredited veterinarian and are not showing signs of infectious, contagious or communicable disease (except where noted) and that the results of any tests are as indicated. Approval and countersignature of the certificate by the State Animal Health Official shall signify that said official has caused the statements thereon to be verified and that such statements qualify the poultry for movement in accordance with the provisions of this Part.

(c) Avian influenza means a viral disease of poultry caused by the avian influenza virus.

(d) Avian influenza monitored source flock means a flock that has been so certified by the source State or country and that has met the following requirements:

(1) the flock has been together, without any additions thereto, for a minimum of 21 days before the first test for avian influenza is performed; and

(2) no birds have been added to the flock after the first test was performed; and

(3) samples have been properly collected from 30 birds, each of which are at least three weeks of age and all of which are representative of the flock, from all pens and houses on the farm. If the flock contains less than 30 birds, all birds within the flock must be tested. Notwithstanding the preceding:

(i) for serology, blood collection from silkies and other small breeds of chickens may be delayed until the birds are six to eight weeks of age;

(ii) for serology, blood collection from guineas, chukars, and quail may be delayed until the birds are five to six weeks of age;

(iii) eggs may be substituted for blood samples from quail and chukars after they start laying; and

(4) the samples referred to in paragraph (3) of this subdivision have been tested using an official test approved by the United States Department of Agriculture conducted in a laboratory approved by the United States Department of Agriculture and/or the State to conduct such testing, to determine if the birds from which such samples were obtained have avian influenza; and

(5) three consecutive series of samples of the type referred to in paragraph (3) of this subdivision, each of which was collected between 21-30 days after the previous collection, have been determined by a laboratory of the type referred to in paragraph (4) of this subdivision to be free of avian influenza. New birds may be added to a flock that has been certified as an avian influenza monitored flock, as provided for herein, only if such birds are from a flock that has been certified as an avian influenza monitored flock or have been determined by the Commissioner of Agriculture and Markets to be a flock or part of a flock that is of an equal or higher status; however, an avian influenza monitored flock to which such birds have been added may not be moved to a live bird market or into the State until samples from such flock have been tested and found to be free of avian influenza, as provided in this subdivision.

(e) Bird means an individual domesticated fowl.

(f) Flock means all poultry on one farm or, at the discretion of the State Animal Health Official of the state or country of origin, any group of poultry which is segregated from another group and has been so segregated for a period of at least 21 days.

(g) Moved means shipped, transported or otherwise moved or delivered or received for movement by any person.

(h) Poultry means domesticated fowl including chickens, turkeys, waterfowl, guinea fowl and game birds commonly used for the production of meat and eggs. It does not include pigeons.

(i) Live poultry market means any premises where live poultry are assembled and held for sale and slaughter. It does not include livestock auction buildings as defined in Part 49 of this Title or USDA inspected poultry slaughter plants located outside the City of New York and the counties of Nassau and Westchester.

(j) Source flock means the flock, where the poultry were hatched and resided until their movement directly to a poultry market or the flock where the poultry have resided, prior to such movement, for at least 21 days, provided that no poultry from any untested or unmonitored flocks shall have been added to the poultry being moved within 21 days of such movement.

(k) State means the State of New York.

(l) State Animal Health Official means the official of a state or country responsible for livestock and poultry disease control and eradication programs.

(m) Poultry dealer and poultry transporter shall have the meaning accorded those terms in section 90-b of article 5 of the Agriculture and Markets Law.

(n) Imported for immediate slaughter means importation of poultry into the State followed by slaughter within 144 hours of the time of import.

(o) National Poultry Improvement Plan means a cooperative industry, State, and Federal program that was developed through which new diagnostic technology can be applied to evaluate the health status of poultry, set forth in title 9 of the Code of Federal Regulations parts 145-147.

(p) U.S. Avian Influenza Clean means that a flock has been so designated by the State or country of origin, utilizing the procedures set forth in the current version of the National Poultry Improvement Plan.

(q) U.S. H5/H7 Avian Influenza Clean means that a flock has been so designated by the State or country of origin, utilizing the procedures set forth in the current version of the National Poultry Improvement Plan.

1 CRR-NY 45.2 Entry into the State {#sec-1-crr-ny-45.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 45.2}

No person shall enter the State of New York with any truck, coop, cage, crate or other conveyance for the purpose of removing, delivering or transporting live poultry unless the truck and the coop, cage, crate or other conveyance is in a sanitary condition. For the purpose of this Part, sanitary condition shall mean that the truck, coop, cage, crate or other conveyance has been cleaned and disinfected immediately prior to its arrival and that no other livestock or other poultry have used the truck or equipment since it was cleaned and disinfected. The operator of the truck shall maintain a record of the dates of cleanings and disinfection and shall have in his possession a copy of that record, including receipts for such service if performed commercially. The operator of the truck shall, upon request, present the record of cleanings and disinfection to any law enforcement officer, representative of the New York State Department of Agriculture and Markets, or any representative of the United States Department of Agriculture.

1 CRR-NY 45.3 Entry upon farms {#sec-1-crr-ny-45.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 45.3}

No person shall enter any farm in the State of New York with any truck, coop, cage, crate or other conveyance for the purpose of removing or delivering live poultry unless the truck and/or the coop, cage, crate or other conveyance is in a sanitary condition. For the purpose of this Part, sanitary condition shall mean that the truck, coop, cage, crate or other conveyance has been cleaned and disinfected immediately prior to its arrival on the farm and that no other livestock or poultry have used the equipment since it was cleaned and disinfected. The operator of the truck shall maintain a record of the dates of cleaning and disinfection and shall have in his possession a copy of that record, including receipts for such service if performed commercially. The operator of the truck shall, upon request, present the record of cleanings and disinfection to any law enforcement officer, representative of the New York State Department of Agriculture and Markets, or any representative of the United States Department of Agriculture.

1 CRR-NY 45.4 Sanitary precautions {#sec-1-crr-ny-45.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 45.4}

All persons entering any premises containing live poultry within the State of New York with any poultry truck, feed delivery and/or other service vehicle shall take every sanitary precaution possible to prevent the introduction or spread of avian influenza into or within the State. Said precautions shall include the disinfecting of all footwear before entering and after leaving any premises containing live poultry and the washing and disinfecting of the cabs, tires and bodies of all vehicles between each entry of a premises containing live poultry within the State. In addition, all markets, auctions, sales outlets and distribution facilities containing live poultry shall be maintained in a clean and sanitary manner and all coops, crates, flats, containers or other equipment used to hold or handle live poultry in such establishments shall be cleaned and disinfected between uses.

1 CRR-NY 45.5 Prohibited movement {#sec-1-crr-ny-45.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 45.5}

No person shall move or cause to be moved live poultry except in compliance with this Part. No person shall receive or accept for delivery live poultry in violation of this Part.

1 CRR-NY 45.6 Avian influenza control measures {#sec-1-crr-ny-45.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 45.6}

Except as provided in subdivision (f) of this section:

(a) No live poultry more than seven days old shall be moved into a live poultry market other than by a poultry dealer or poultry transporter holding a valid domestic animal health permit and from flocks which meet the requirements of subdivision (b) of this section.

(b)

(1) No live poultry more than seven days old may be moved into a live poultry market unless the poultry dealer or poultry transporter possesses an approved certificate of veterinarian inspection which states that either:

(i) the poultry identified thereon are moving through a poultry dealer or poultry transporter from a source flock which is certified by the state or country of origin as an avian influenza monitored source; or

(ii) the poultry identified thereon are moving through a poultry dealer or poultry transporter from a source flock in which a random sample of 30 birds were tested negative for avian influenza within 10 days prior to the date of movement, using an official test approved by the United States Department of Agriculture conducted in a laboratory approved by the United States Department of Agriculture and/or the State of New York to conduct such testing.

(2) The approved certificate of veterinary inspection required by this subdivision shall remain in the possession of the poultry dealer or poultry transporter moving the poultry directly to a live poultry market and further, the poultry shall be accompanied by a copy of the finalized laboratory report indicating that the poultry tested negative for avian influenza and an invoice setting forth:

(i) the name and address of the poultry dealer or poultry transporter that is moving the poultry;

(ii) the name and address of the live poultry market into which the poultry are being moved;

(iii) the number and type of poultry being moved;

(iv) the avian influenza status of the poultry; and

(v) the date of the movement of such poultry into the market.

(c) No live poultry more than seven days old which is held on premises where within the previous 12 months there has been a positive avian influenza serology, culture or a trace back to said premises of birds that tested positive for avian influenza within the previous 12 months shall be moved into a live poultry market unless the State Animal Health Official of the state or country of origin certifies that:

(1) all birds held on the premises at or after the time of the positive serology, culture, or trace back and prior to the cleaning and disinfection of the premises were removed to slaughter or slaughtered and the premises were thereafter cleaned and disinfected under official supervision; or

(2) tracheal and cloacal swabs were obtained for virus isolation from 150 randomly selected birds in a flock held on such premises or from all of the birds in such flock, whichever is less, and such tests demonstrated that avian influenza was not present, and no bird in such flock exhibited clinical signs of avian influenza in the 45 days preceding the date of sampling. If the birds so tested are waterfowl, then only cloacal swabs shall be required. Such samples may be pooled in groups of up to five samples per culture.

(d) Live poultry that qualify for movement must be kept separate and apart from all other poultry of infected, exposed or unknown health status.

(e) No live poultry shall be moved from a poultry market, unless specifically authorized by the commissioner or his designee. Poultry markets shall not operate as poultry distributors.

(f)

(1) A poultry dealer or poultry transporter who buys or sells poultry to be sold or offered for sale in a live poultry market, or transports poultry to a live poultry market shall:

(i) permit authorized representatives of the New York State Department of Agriculture and Markets, the United States Department of Agriculture and/or a State Animal Health Official to directly enter its place of business during normal business hours to inspect the facilities and vehicles; and

(ii) properly maintain, under the supervision of the State Animal Health Official of the state in which it resides, the approved certificates of veterinary inspection required by this section, a copy of the finalized laboratory test report, and records of the poultry it receives and the poultry it ships;

(iii) immediately make such records available for inspection and/or immediately provide copies thereof when requested to do so by representatives of the New York State Department of Agriculture and Markets, the United States Department of Agriculture and/or the appropriate State Animal Health Official;

(iv) accept only poultry meeting the requirements of this section;

(v) have a facility that can be routinely cleaned and disinfected on a year round basis to prevent survival of avian disease agents including avian influenza;

(vi) possess and utilize a working mechanical crate washer which cleans and disinfects crates between uses on a year round basis, provided such crate washer shall not be located or operated at a live poultry market, auction premises or poultry farming operation and provided further that crates which have been cleaned and disinfected shall not be exposed to or contaminated by crates which have not been cleaned and disinfected;

(vii) use an all-season truck or vehicle wash facility to clean and disinfect trucks or vehicles between uses, provided such all-season truck or vehicle wash facility shall not be located or operated at a live poultry market, auction premises or poultry farming operation; and

(viii) compile, maintain and make available for inspection, for a period of two years, records of the dates and times such crates and trucks or vehicles were cleaned and disinfected.

(g) A person who imports or causes the importation of poultry into the State for any purpose other than immediate slaughter shall comply with the requirements set forth in paragraphs (1), (2), and (3) of this subdivision.

(1) No live poultry or poultry products may be moved into the State unless they are moving on an approved certificate of veterinarian inspection or USDA VS Form 9-3, Report of Sales of Hatching Eggs, Chicks, and Poults, which states that either:

(i) the poultry identified thereon are moving through a poultry dealer or poultry transporter from a source flock which is certified by the state or country of origin as an avian influenza monitored source; or

(ii) the poultry identified thereon are moving through a poultry dealer or poultry transporter from a source flock in which a random sample of 30 birds were tested negative for avian influenza within 10 days prior to the date of movement, using an official test approved by the United States Department of Agriculture conducted in a laboratory approved by the United States Department of Agriculture and/or the State to conduct such testing; or

(iii) the poultry identified thereon originate directly from a National Poultry Improvement Plan flock designated “Avian Influenza Clean” or “U.S. H5/H7 Avian Influenza Clean.”

(2) No live poultry which is held on premises where within the previous 12 months there has been a positive avian influenza serology, culture or a trace back to said premises of birds that tested positive for avian influenza within the previous 12 months shall be moved into the State unless the State Animal Health Official of the state or country of origin certifies that:

(i) all birds held on the premises at or after the time of the positive serology, culture, or trace back and prior to the cleaning and disinfection of the premises were removed to slaughter or slaughtered and the premises were thereafter cleaned and disinfected under official supervision and the replacement flock complies with paragraph (2) of this subdivision; or

(ii) tracheal and cloacal swabs were obtained for virus isolation from 150 randomly selected birds in a flock held on such premises or from all of the birds in such flock, whichever is less, and such tests demonstrated that avian influenza was not present, and no bird in such flock exhibited clinical signs of avian influenza in the 45 days preceding the date of sampling. If the birds so tested are waterfowl, then only cloacal swabs shall be required. Such samples may be pooled in groups of up to five samples per culture.

(3) Live poultry that qualify for movement must be kept separate and apart from all other poultry of infected, exposed or unknown health status.

1 CRR-NY 45.7 Penalties {#sec-1-crr-ny-45.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 45.7}

In addition to any criminal and civil penalties otherwise provided by the laws of this State and of the United States, any person violating any of the provisions of this Part shall be subject to the penalty provisions of section 40 of the Agriculture and Markets Law, together with the quarantine and other provisions of article 5 of said law.

1 CRR-NY 45.8 [Repealed] {#sec-1-crr-ny-45.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 45.8}

Part 46 BOVINE BRUCELLOSIS (BANG'S DISEASE)

GENERAL GENERAL

1 CRR-NY 46.1 General provisions {#sec-1-crr-ny-46.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.1}

For the purpose of enforcement of article 5 of the Agriculture and Markets Law, except where in conflict with the statutes of the State or with the provisions of this Part or any other Part of this Title, the commissioner hereby adopts the following as the program for the control and eradication of brucellosis:

(a) The Uniform Methods and Rules for Brucellosis Eradication (effective July 1, 1986; U.S. Government Printing Office, Washington, DC 20402); and

(b) Title 9 of the Code of Federal Regulations (reissued as of January 1, 1988; U.S. Government Printing Office, Washington, DC 20402) part 51, containing the Federal definitions and standards for Animals Destroyed Because of Brucellosis at pages 109-116, and part 78, entitled Brucellosis, at pages 173-208.

Copies of the Uniform Methods and Rules for Brucellosis Eradication and of title 9 of the Code of Federal Regulations are maintained in a file at the Department of Agriculture and Markets, Division of Animal Industry, Capital Plaza, One Winners Circle, Albany, NY 12235, and at the Department of State, 162 Washington Avenue, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

1 CRR-NY 46.2 Program {#sec-1-crr-ny-46.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.2}

The program provides for Brucella Strain 19 vaccination of calves, four through eight months of age, and all herd and animal blood testing necessary for the elimination of reactors and the certification or recertification of areas. At the time of vaccination the veterinarian will identify the calf by marking its right ear by means of a “V” tattoo with the number indicating the quarter and the year in which vaccinated. Such tattooing, however, shall not be required in the case of calves otherwise permanently identified by owner tattoo or registration number so long as this identification is recorded at the time of vaccination. Special identification ear tags shall be inserted and recorded at the time of vaccination except in the case of calves identified by owner tattoo or registration number. The BRT (brucellosis ring test) is an integral part of the program.

1 CRR-NY 46.3 Services {#sec-1-crr-ny-46.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.3}

Services will be provided through State-approved accredited veterinarians licensed and registered with the Education Department, or either employees of the Department of Agriculture and Markets or United States Department of Agriculture. A record of vaccinations will be provided the herd owner or his agent.

1 CRR-NY 46.4 Swine {#sec-1-crr-ny-46.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.4}

These regulations shall included swine to the extent of blood testing. Swine shall not be vaccinated under these regulations.

1 CRR-NY 46.5 Goats {#sec-1-crr-ny-46.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.5}

These regulations shall include goats to the extent of blood testing. Goats shall not be vaccinated under these regulations.

1 CRR-NY 46.6 Entering premises {#sec-1-crr-ny-46.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.6}

Officials engaged in the brucellosis project shall be authorized to enter premises to carry out eradication procedures.

1 CRR-NY 46.10 Herd {#sec-1-crr-ny-46.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.10}

The word herd as used herein shall mean one or more cows, bulls over nine months of age, goats or swine.

1 CRR-NY 46.11 Herd tests {#sec-1-crr-ny-46.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.11}

Cattle herd tests shall include all animals over nine months of age except steers, spayed heifers, and officially vaccinated animals less than 20 months of age.

1 CRR-NY 46.12 to 46.13 to 46.13 [Repealed] {#sec-1-crr-ny-46.12-to-46.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.12 to 46.13}

1 CRR-NY 46.14 Reactor quarantine {#sec-1-crr-ny-46.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.14}

Reactors revealed on blood tests shall be quarantined on the premises. No such animal shall be removed from the premises, except upon the written permission of the commissioner. Reactors moving on permit shall be consigned for immediate slaughter.

1 CRR-NY 46.15 to 46.17 to 46.17 [Repealed] {#sec-1-crr-ny-46.15-to-46.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 46.15 to 46.17}

Part 49 PHYSICAL REQUIREMENTS FOR LIVESTOCK AUCTION BUILDINGS

1 CRR-NY 49.1 Definition {#sec-1-crr-ny-49.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 49.1}

Livestock auction building shall mean every stable, pen, yard, enclosure or structure of any kind used for the housing of domestic animals for the purpose of public sale by outcry to a bidder, public offering for sale or exchange or exposing for sale or exchange or publicly selling or exchanging any domestic animal or domestic fowl as defined in section 107 of the Agriculture and Markets Law.

1 CRR-NY 49.2 Wall, partition construction {#sec-1-crr-ny-49.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 49.2}

The walls and partitions of every livestock auction building shall be so constructed as to permit them to be cleaned and disinfected easily and shall be cleaned and disinfected prior to each sale and, if livestock are housed in the building between sales, as often as necessary to prevent or control contagion or infection.

1 CRR-NY 49.3 Floor material, condition {#sec-1-crr-ny-49.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 49.3}

All floors of every livestock auction building shall be in good repair at all times and shall be made of suitable material to permit proper washing, cleaning and disinfection. Ground floors shall be of concrete or other impervious material. Dirt floors are not permitted. Floors other than ground floors must be made of tight material so as to permit proper washing, cleaning and disinfecting. Floors shall be cleaned and disinfected as often as necessary to prevent or control contagion or infection.

1 CRR-NY 49.4 Toilet facilities {#sec-1-crr-ny-49.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 49.4}

Clean and sanitary toilets must be made available in or near the livestock auction building. Separate toilets for men and women must be provided and if outside must be disinfected at least once a week. Tight insect-proof vaults and self-closing lids are required in outside toilets.

1 CRR-NY 49.5 Light, ventilation {#sec-1-crr-ny-49.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 49.5}

Every livestock auction building must have sufficient light and adequate ventilation by fans, flues or windows in all sections or parts thereof.

1 CRR-NY 49.6 Handling, penning, loading facilities {#sec-1-crr-ny-49.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 49.6}

Facilities used for handling, penning or loading livestock at or in any livestock auction building shall be constructed in such manner as to permit proper cleaning and disinfecting thereof and so as not to expose livestock to physical injury, bruising or harm. Ramps, alleyways, pens and all unloading, loading and holding facilities shall be constructed and maintained in a safe manner. Every livestock auction building shall be so constructed that livestock consigned for replacement will be kept separate and apart from all other livestock therein.

1 CRR-NY 49.7 Water supply; approved disinfectants {#sec-1-crr-ny-49.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 49.7}

Every livestock auction building shall have an adequate water supply for approved cleaning and disinfecting and for other needs including the handling of livestock in accordance with the Department of Agriculture and Markets rules and regulations relating to cattle auctions and sales stables as promulgated by official order dated February 10, 1947 and filed in the Department of State February 14, 1947. No disinfectant shall be used unless it is approved by the Commissioner of Agriculture and Markets, and approved disinfectants must be used according to the manufacturer's recommendation. A list of approved disinfectants may be obtained from the commissioner. When livestock are kept overnight at a livestock auction building watering facilities ample to meet the needs of all livestock so housed shall be readily available.

1 CRR-NY 49.8 Compliance before licensing {#sec-1-crr-ny-49.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 49.8}

Compliance with these regulations shall be a condition precedent to the issuance of any applicable license under article 20 of the Agriculture and Markets Law.

Part 50 DISINFECTING OF LIVESTOCK AUCTION BUILDINGS AND OTHER PREMISES

1 CRR-NY 50.1 Definitions {#sec-1-crr-ny-50.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 50.1}

(a) The term owner or operator shall mean the owner or operator of licensed livestock auction buildings, the operator of licensed livestock auctions, or any or all persons charged with the care or control of said buildings or auctions.

(b) The term other premises shall mean stables or other buildings or premises used for the housing of domestic animals, premises, buildings, railway cars, boats, and other objects used for and in the transportation of livestock, from or by means of which infection or contagion of animals may be spread or conveyed, not including licensed livestock auction buildings.

(c) Commissioner shall mean the Commissioner of Agriculture and Markets of the State of New York.

1 CRR-NY 50.2 Cleaning, disinfecting {#sec-1-crr-ny-50.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 50.2}

Licensed livestock auction buildings used for the handling of livestock must be thoroughly cleaned and disinfected prior to each sale. Other premises will be disinfected at the discretion of the commissioner.

1 CRR-NY 50.3 Method of disinfecting {#sec-1-crr-ny-50.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 50.3}

Except as herein provided, the disinfecting of the above-mentioned premises shall be done by approved disinfectors using equipment and materials at recommended dilutions approved by the commissioner.

1 CRR-NY 50.4 Application for approval as a disinfector {#sec-1-crr-ny-50.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 50.4}

Application by disinfectors for approval will be made on forms furnished by the commissioner. The commissioner may approve or disapprove an application after inspection and recommendation of a full-time State or Federal veterinarian which findings and recommendations shall be based upon the adequacy of the equipment to be used in the application of said disinfectants and the ability and qualifications of the applicant in the usage of said equipment, and said findings and recommendations shall be made only after said veterinarian has inspected such equipment and observed the applicant's operation thereof. Limited approval may be granted to a responsible individual employed by a livestock auction for the disinfection of the premises at which he is regularly employed. Approval may be withdrawn at any time upon evidence of noncompliance with regulations or instructions of the commissioner.

1 CRR-NY 50.5 Owner disinfecting quarantined premises {#sec-1-crr-ny-50.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 50.5}

Nothing herein contained will prohibit a owner of other premises under quarantine pursuant to section 76 of the Agriculture and Markets Law, from performing the required disinfection, providing the disinfection is supervised and approved by an accredited veterinarian or employee of the Department of Agriculture and Markets or the United States Department of Agriculture, duly authorized by the commissioner.

1 CRR-NY 50.6 Owner disinfecting nonquarantined premises {#sec-1-crr-ny-50.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 50.6}

Nothing herein contained will prohibit a owner of other premises not under quarantine from disinfecting his own premises, buildings, railway cars, boats or other objects, unless otherwise directed by the commissioner.

1 CRR-NY 50.7 Report of each disinfection {#sec-1-crr-ny-50.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 50.7}

The owner or operator of the auction, or those charged with the care and control of the premises disinfected, shall promptly make and file a report of each disinfection with the Department of Agriculture and Markets upon forms furnished by the commissioner, and each report shall be signed by an approved disinfector.

1 CRR-NY 50.8 Cost paid by owner {#sec-1-crr-ny-50.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 50.8}

The cost of services and materials used will be borne by the owner or those charged with the care and control of the premises.

Part 51 PROHIBITION OF EXAMINATION OF LIVESTOCK BY UNQUALIFIED PERSONS AT LIVESTOCK AUCTION MARKETS

1 CRR-NY 51.1 Prohibition of examination of livestock by unqualified persons at livestock auction markets {#sec-1-crr-ny-51.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 51.1}

Rectal examinations of beef and dairy cattle at livestock markets are prohibited unless conducted by a veterinarian licensed to practice in the State of New York.

Part 52 DISEASES OF DOMESTIC ANIMALS

1 CRR-NY 52.1 Access to domestic animal premises {#sec-1-crr-ny-52.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 52.1}

The commissioner, each veterinarian, inspector and other authorized employees of the Department of Agriculture and Markets shall have full access to all lands, buildings or housing upon or in which there are kept for breeding, raising, feeding or slaughtering, domestic animals, including poultry, and may examine such animals and their feedstuffs, together with any equipment and containers used in the manufacture, preparation, raising, cooking or treating of such feedstuffs.

1 CRR-NY 52.2 Access to vehicles carrying domestic animals, feedstuffs or garbage {#sec-1-crr-ny-52.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 52.2}

The commissioner, each veterinarian, inspector and other authorized employees of the Department of Agriculture and Markets shall have full access to all vehicles, including motor vehicles, whether they be upon public or private lands, highways or waterways within the State of New York, whenever any such officer or employee has reasonable grounds to believe that such vehicles are being used to transport or hold domestic animals, including poultry, or feedstuffs therefor or to transport or hold garbage.

1 CRR-NY 52.3 Disease control program; garbage feeding and hog cholera {#sec-1-crr-ny-52.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 52.3}

(a) Whereas garbage fed to swine contributes to the spread of hog cholera, and whereas, there have been in recent times outbreaks of hog cholera in states contiguous to New York State, the Commissioner of Agriculture and Markets hereby adopts and institutes a program for the prevention, control, suppression and eradication of that disease, with particular regard to, but not limited to, the practice of feeding garbage to swine.

(b) Whenever any veterinarian, inspector or other employee of the Department of Agriculture and Markets has any reasonable grounds to believe that garbage is being fed to swine in violation of section 72-a of the Agriculture and Markets Law, he shall immediately quarantine the premises on which the swine are kept.

(c) While any such quarantine is in effect, no person shall remove or allow the removal of any swine from the premises quarantined, nor bring on or allow to be brought on the premises any additional swine, without the prior written permission of the commissioner.

(d) The owner or harborer of any swine kept on ay premises quarantined shall, on or at the premises where such animals are kept, present and restrain such animals for identification by tattooing or other method of identification approved by the commissioner at such times as the commissioner on not less than 48 hours notice shall direct.

1 CRR-NY 52.4 Moving domestic animals which have been fed garbage {#sec-1-crr-ny-52.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 52.4}

No domestic animals, including poultry, which have been fed any garbage since the first day of July, 1975 in violation of section 72-a of the Agriculture and Markets Law shall be removed from the premises where fed except for the purpose of immediate slaughter and, then, only by prior written permission of the Commissioner of Agriculture and Markets.

1 CRR-NY 52.5 to 52.11 to 52.11 [Repealed] {#sec-1-crr-ny-52.5-to-52.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 52.5 to 52.11}

Part 53 REQUIREMENTS GOVERNING IMPORTATION OF CATTLE

1 CRR-NY 53.1 Definitions {#sec-1-crr-ny-53.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.1}

For the purposes of this Part, the following terms shall have the following meanings:

(a) Accredited veterinarian means a veterinarian duly approved by the Administrator of the Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture and accredited to perform functions of Federal and cooperative State-Federal programs on food and fiber animal species; all other livestock species; and zoo animals that can transmit exotic animal diseases to livestock (category II animals).

(b) Interstate certificate of veterinary inspection (ICVI) means an official document issued by a Federal, State, Tribal, or accredited veterinarian certifying the inspection of animals in preparation for interstate movement.

(1) The ICVI must show the species of animals covered by the ICVI; the number of animals covered by the ICVI; the purpose for which the animals are to be moved; the address at which the animals were loaded for interstate movement; the address to which the animals are destined; and the names of the consignor and the consignee and their addresses if different from the address at which the animals were loaded or the address to which the animals are destined. Additionally the ICVI must list the official eartag number of each animal. An ICVI may not be issued for any animal that is not officially identified with an official eartag.

(2) As an alternative to typing or writing individual animal identification on an ICVI, if agreed to by the dpartment, another document may be used to provide this information, but only under the following conditions:

(i) the document must be a State form or APHIS form that requires individual identification of animals or a printout of official identification numbers generated by computer or other means;

(ii) a legible copy of the document must be stapled to the original and each copy of the ICVI.

(3) Each copy of the document must identify each animal to be moved with the ICVI, but any information pertaining to other animals, and any unused space on the document for recording animal identification, must be crossed out in ink.

(4) The following information must be written in ink in the identification column on the original and each copy of the ICVI and must be circled or boxed, also in ink, so that no additional information can be added:

(i) the name of the document; and

(ii) either the unique serial number on the document or, if the document is not imprinted with a serial number, both the name of the person who prepared the document and the date the document was signed.

(5) The ICVI shall be valid for 30 days following the date of inspection of the animal identified on the document.

(c) Brucellosis class A state means a state or area in the United States or Canada classified as such by the U.S.D.A.

(d) Brucellosis class B state means a state or area in the United States or Canada classified as such by the U.S.D.A.

(e) Brucellosis class C state means a state or area in the United States or Canada classified as such by the U.S.D.A.

(f) Brucellosis class free state means a state or area in the United States or Canada classified as such by the U.S.D.A.

(g) Cattle means a quadruped ruminant of any age of the family Bovidae, including the domesticated species designated as B. taurus, the humped species B. indicus, the American bison and the musk ox.

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

(i) Consignee means any person who accepts on consignment, purchases, imports, or first accepts delivery of cattle imported or moved into the State.

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

(k) Immediate slaughter means slaughter within six days (144 hours) after the time of entry into this State.

(l) Official eartag means an identification tag approved by APHIS that bears an official identification number for individual animals. Beginning March 11, 2015, all official eartags applied to animals must bear an official eartag shield. The design, size, shape, color, and other characteristics of the official eartag will depend on the needs of the users, subject to the approval of the administrator. The official eartag must be tamper-resistant and have a high retention rate in the animal.

(m) Owner-shipper statement means a statement signed by the owner or shipper of the livestock being moved stating the location from which the animals are moved interstate; the destination of the animals; the number of animals covered by the statement; the species of animal covered; the name and address of the owner at the time of the movement; the name and address of the shipper; and the identification of each animal, as required by the regulations.

(n) Person means any individual, corporation, partnership or other entity.

(o) Preapproved feeding location means an establishment where cattle are assembled to be fed for slaughter and which has been approved for that purpose by the/department, on the basis that:

(1) the establishment has adequate facilities to segregate cattle being fed for slaughter from other cattle, as required under section 53.4(d) of this Part; and

(2) the establishment has adequate means by which to maintain records, as required under section 53.4(e) of this Part.

(p) Recognized slaughtering establishment means any abattoir at which meat inspection service is provided by the U.S.D.A.

(q) Shipping copy means the copy of an interstate certificate of veterinary inspection which accompanies imported cattle at the time of entry into this State.

(r) Slaughter cattle means cattle brought into this State for the purpose of immediate slaughter or other cattle which have been declared to be slaughter cattle pursuant to this Part.

(s) Specifically approved stockyard means an establishment where cattle are handled under permit or license issued by the department and which has been jointly approved by the department and the U.S.D.A. to handle out-of-state cattle.

(t) State means State of New York.

(u) Steer means a castrated male cattle of any age.

(v) U.S.D.A. means the United States Department of Agriculture.

(w) U.S.D.A. approved test means any test approved by the U.S.D.A.

1 CRR-NY 53.2 General requirements {#sec-1-crr-ny-53.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.2}

(a) No person shall import or move cattle into the State or within the State except in compliance with this Part.

(b) Documentation.

(1) No person shall import or move cattle into this State unless the shipping copy of the interstate certificate of veterinary inspection or an owner-shipper statement as required by this Part is in his or her possession at the time of entry and a copy of any required interstate certificate of veterinary inspection has been sent to the Department of Agriculture of the state or country of origin or by the U.S.D.A to be forwarded to the department.

(2) No consignee shall accept a shipment of cattle unless they are accompanied by the shipping copy of the interstate certificate of veterinary inspection or owner shipper statement as required by this Part. The consignee shall retain the documents for at least five years and make them available for examination upon the request of any representative of the department or the U.S.D.A.

(c) Persons importing or moving cattle into the State shall transport them from the point of entry to the destination named in the interstate certificate of veterinary inspection or owner-shipper statement by the most direct practical route and shall not unload them at any other premises, unless otherwise directed by an authorized representative of the commissioner.

(d) No person shall import or move cattle into the State that are known to be infected with or exposed to communicable diseases except with the prior approval of the commissioner or an authorized representative.

(e) Any person having imported cattle in his or her possession shall submit, confine, restrain and make them available for such tests and examinations as the commissioner may deem necessary.

(f) Cattle which do not qualify for entry into the State pursuant to the provisions of this Part shall, at the discretion of the commissioner, be returned to the state or country of origin, declared slaughter cattle or be placed under quarantine in isolation at the expense of the consignee. The consignee must, at his or her own expense, test quarantined cattle within 120 days of the commissioner's order to determine if they are eligible for entry into the State for any purpose other than immediate slaughter or feeding for slaughter. Test results must be forwarded to the commissioner immediately. Based on the results, the commissioner may modify the quarantine order.

1 CRR-NY 53.3 Importation of cattle to a specifically approved stockyard or a recognized slaughtering establishment {#sec-1-crr-ny-53.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.3}

Notwithstanding any other provision of this Part, cattle may be imported into the State and moved directly to a specifically approved stockyard, as defined in section 53.1(r) of this Part, or to a recognized slaughtering establishment, as defined in section 53.1(o) of this Part, without an interstate certificate of veterinary inspection under the following conditions:

(a) The cattle shall be accompanied by an owner-shipper statement.

(b) At any time after entry of the cattle into the State, an authorized representative of the commissioner may direct the person transporting the cattle to a designated location for the following purposes: unloading, restraint, inspection, identification, tagging, testing or quarantine.

(c) The cattle shall be moved directly to the specifically approved stockyard or recognized slaughtering establishment named as the destination or consignee on the owner-shipper statement. Cattle which are not subsequently qualified under subdivision (e) of this section shall be sold only to a recognized slaughtering establishment and after the sale moved by the most direct route to the slaughtering establishment.

(d) Cattle moved to a recognized slaughtering establishment shall be slaughtered within six days (144 hours) after entry into this State.

(e) Cattle moved to a specifically approved stockyard may be moved without restriction following, as provided herein, segregation, examination by an accredited veterinarian and the preparation of an interstate certificate of veterinary inspection; provided that the following conditions are met:

(1) the stockyard has been approved by the commissioner to receive cattle pursuant to this section and has agreed to comply with all the requirements of this section including, but not limited to, the maintenance of a segregation facility with appropriate handling and restraint equipment; the reading of eartags; and the conducting of physical examinations of cattle by an accredited veterinarian;

(2) the cattle must originate in a state or zone which:

(i) borders New York State;

(ii) has been recognized by the USDA as brucellosis certified free for at least five years;

(iii) has been recognized by the USDA as tuberculosis accredited free for at least five years; and

(iv) has not been recognized by the commissioner as having any other disease of cattle which does not naturally occur in New York;

(3) the federally assigned premises identification numbers of all premises of origin of the cattle shall be included on the owner-shipper statement, with the premises of origin being the farm or ranch in the bordering state or zone where the animals originated and not a livestock market or dealer;

(4) the cattle shall enter the State with individual, uniquely numbered eartags approved for identification by the USDA and the eartag numbers shall be included on the owner-shipper statement;

(5) prior to the required veterinary inspection and the preparation of an interstate certificate of veterinary inspection, cattle that enter under this section shall always be segregated at least 30 feet from cattle that originated in New York State and from cattle that entered the State with an interstate certificate of veterinary inspection;

(6) prior to the release from segregation pens, an accredited veterinarian shall physically examine all animals in the pen and shall prepare an interstate certificate of veterinary inspection for those animals not going to immediate slaughter. If any animal shows signs of infectious, contagious or communicable disease that animal, and all animals exposed to that animal shall be quarantined and directed to an approved slaughtering establishment for immediate slaughter, or at the discretion of the commissioner, may be returned to the place of origin or be quarantined in isolation from all other animals at the owner's expense until the commissioner determines that the animals are not a threat to New York livestock.

(f) The recognized slaughtering establishment or specifically approved stockyard shall maintain records that include the name and address of the consignor, identification numbers and the destination of all cattle handled under this section. These records shall be kept for a period of five years and be made available for examination upon the request of a representative of the department or of the USDA.

1 CRR-NY 53.4 Importation of cattle to be fed for slaughter {#sec-1-crr-ny-53.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.4}

Cattle imported to be fed for slaughter shall comply with the following requirements:

(a) The cattle must be accompanied by the shipping copy of an interstate certificate of veterinary inspection.

(b) The location where the cattle are to be fed must be approved by the department prior to the arrival of any imported cattle.

(c) The cattle shall be moved directly to the preapproved feeding location or specifically approved stockyard named as the destination on the certificate of veterinary inspection. Cattle delivered to a stockyard may only be moved to a preapproved feeding location or to a recognized slaughtering establishment.

(d) Cattle imported under this section and any cattle which have been exposed to them shall be segregated from cattle used for breeding or dairy.

(e) The person designated by the department shall keep records for a minimum of five years which individually identify the imported cattle, any cattle exposed to them, their source and disposition. The records shall be made available for examination upon the request of a representative of the department or the U.S.D.A.

(f) Cattle imported under this section may leave the preapproved feeding location only to be moved directly to another approved location, specifically approved stockyard or recognized slaughtering establishment. Cattle moved to approved stockyards or slaughtering establishments shall be considered slaughter cattle.

(g) Sexually intact cattle which originate in other than Brucellosis class free states may not be imported under this section.

1 CRR-NY 53.5 Importation of cattle for any purpose other than immediate slaughter or feeding for slaughter {#sec-1-crr-ny-53.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.5}

Cattle imported for purposes other than immediate slaughter or feeding for slaughter shall comply with the following requirements:

(a) Calves less than 14 days of age or 200 pounds moved directly from states with an agreement with this State may enter the State provided that:

(1) the calves are identified prior to movement with an official eartag; and

(2) the calves are moved with an owner-shipper statement; and

(3) the consignee retains the owner-shipper statements for five years and make them available for examination upon the request of any representative of the department or the U.S.D.A.

(b) All other cattle shall be accompanied by the shipping copy of the interstate certificate of veterinary inspection.

(c) Brucellosis test.

(1) Cattle originating in states that have been brucellosis class free for the past 60 months and which have not during the previous 12 months been in a state which has not been class free for at least 60 months may be imported into New York without a brucellosis test.

(2) Cattle originating in states that have been brucellosis class free for less than 60 months and which have not during the previous 12 months been in a state which is not class free, may be imported into New York as follows:

(i) Cattle less than 18 months of age may be imported without testing.

(ii) Cattle 18 months of age or older must be classified negative by a U.S.D.A. approved brucellosis test conducted within 30 days prior to importation.

(3) Cattle originating in brucellosis class A states or cattle originating in brucellosis class free states which have been in class A states during the previous 12 months may be imported into New York if official vaccinates over 14 months of age and all other cattle over eight months of age are classified negative by a U.S.D.A. approved brucellosis test conducted within 30 days prior to importation and:

(i) they originate from a certified brucellosis-free herd and been classified negative during the last herd test or are natural additions to the herd; or

(ii) they are quarantined and isolated from other cattle at the destination identified in the interstate certificate of veterinary inspection until classified negative by a U.S.D.A approved brucellosis test conducted at the consignee's expense between 45 and 120 days after importation.

(4) Cattle originating in brucellosis class B or C states or cattle originating in brucellosis class free or brucellosis class A states which have been in class B or C states during the previous 12 months may be imported into New York if:

(i) official vaccinates over 14 months of age and all other cattle over eight months of age are classified negative by a U.S.D.A. approved brucellosis test conducted within 30 days prior to importation; and

(ii) they originate from a certified brucellosis-free herd and have been classified negative during the last herd test or are natural additions to the herd; and

(iii) they are quarantined and isolated from other cattle at the destination identified in the interstate certificate of veterinary inspection until classified negative by a U.S.D.A. approved brucellosis test conducted at the consignee's expense between 45 and 120 days after importation.

(5) Oxen, steers and spayed heifers are exempt from brucellosis testing.

(d) Tuberculosis test.

(1) Cattle originating in states designated as accredited-free by the U.S.D.A. for the past 60 months and which have not been in states which have not been accredited-free for at least 60 months may be imported into New York without a tuberculosis test.

(2) Cattle less than six months of age may enter New York without a tuberculosis test.

(3) All other cattle must be negative to a U.S.D.A. approved tuberculosis test conducted within 60 days prior to importation.

1 CRR-NY 53.6 to 53.9 to 53.9 [Repealed] {#sec-1-crr-ny-53.6-to-53.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.6 to 53.9}

1 CRR-NY 53.10 [Repealed] {#sec-1-crr-ny-53.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.10}

1 CRR-NY 53.11 [Repealed] {#sec-1-crr-ny-53.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.11}

1 CRR-NY 53.12 [Repealed] {#sec-1-crr-ny-53.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.12}

1 CRR-NY 53.13 [Repealed] {#sec-1-crr-ny-53.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.13}

1 CRR-NY 53.14 [Repealed] {#sec-1-crr-ny-53.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 53.14}

Part 57 PULLORUM AND TYPHOID DISEASE

1 CRR-NY 57.1 Program to control pullorum-typhoid disease of poultry {#sec-1-crr-ny-57.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.1}

A program to control pullorum disease and fowl typhoid in poultry flocks and hatcheries and the products thereof is hereby in effect and shall become mandatory upon all hatcheries to participate. Those poultry and hatchery operators tested clean and meeting other requirements of this Part will be issued New York Pullorum-Typhoid Clean Flock (or hatchery) certificates until such time as the entire State shall have been classified U.S. Pullorum-Typhoid Clean by USDA APHIS.

1 CRR-NY 57.2 Definitions {#sec-1-crr-ny-57.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.2}

As used in this Part, unless otherwise expressly stated, or unless the content or subject matter otherwise requires:

(a) Baby poultry means poultry which have not been fed or watered.

(b) Commissioner means the Commissioner of the Department of Agriculture and Markets.

(c) Department means the Department of Agriculture and Markets.

(d) Flock means all poultry on a single premises.

(e) Flock owner means a person maintaining a flock.

(f) Fowl typhoid or typhoid means a disease of poultry caused by Salmonella gallinarum.

(g) Hatchery means hatching equipment in or on specified premises operated or controlled by any person and used in hatching poultry.

(h) Hatching eggs means eggs for use in a hatchery to hatch baby poultry or to produce embryonated eggs.

(i) Multiplier breeding flock means a flock whose origin is a primary breeding flock and whose product is used solely for the production of commercial eggs or meat and whose progeny may not be used for breeding.

(j) Official agent means any person authorized by the commissioner to carry out the provisions of this Part.

(k) Official tests means one of the following tests conducted by or under supervision of an official agent: whole blood plate tests, serum plate tests, tube agglutination tests, or other tests approved under National Poultry Improvement Plan.

(l) Person means a natural person, firm, corporation, association or partnership.

(m) Poultry means any domesticated bird or birds whose eggs or meat may serve as a source or food.

(n) Primary breeding flock means a flock composed or one or more poultry generations maintained for the purpose of establishing, continuing or improving parent lines.

(o) Products means poultry breeding stock and hatching eggs, baby poultry and started poultry.

(p) Program means the New York State Department of Agriculture and Markets Pullorum-Typhoid Disease Control Program.

(q) Pullorum disease or pollorum means a disease of poultry caused by Salmonella pullorum.

(r) Started poultry means poultry which have been fed and watered and have not reached the minimum official test age.

(s) Salmonella enteritidis means the organism Salmonella enteritidis serotype enteritidis.

1 CRR-NY 57.3 General provisions {#sec-1-crr-ny-57.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.3}

(a) All flocks and/or hatchery owners must qualify as National Plan hatcheries and all hatching supply flocks within the State must qualify as U.S. Pullorum-Typhoid Clean, or they must meet equivalent requirements for pullorum-typhoid control under official supervision.

(b) Flocks, premises, hatcheries and records of each participant will be inspected by an official agent for sanitation and compliance at least once each year and at such other times as, in the opinion of the commissioner, are necessary. Each participant shall maintain his premises and equipment in accordance with acceptable and recognized standards necessary and adequate to insure sanitary conditions.

(c) The minimum age for testing is three months for quail, five months for turkeys and four months for other poultry.

(d) If suspects or reactors to an official test are discovered in a flock, five percent or five of the suspect or reactor birds, whichever is greater, shall be submitted to a laboratory designated by the commissioner for examination and culture.

(e) Participants shall keep and maintain records of purchases and sales of all poultry and poultry products and such records shall be available for inspection by an official agent.

(f) Classification shall expire 12 months after the date of the final official test.

(g) All laboratory reports of S. pullorum or S. gallinarium isolation will be investigated by an official agent.

(h) All laboratories must report not more than two days after final typing and isolation of Salmonella sp. from poultry to the Division of Animal Industry of the department.

(i) All shipments of products other than U.S. Pullorum-Typhoid Clean or equivalent, into the State are prohibited.

(j) All flocks deemed to be infected with pullorum or typhoid shall be quarantined by the department. Quarantined flocks or any portion thereof shall not be removed from the premises where the infection was detected, except with the written permission of the department.

(k) All poultry except waterfowl shown in public exhibitions in the State shall have originated from U.S. Pullorum-Typhoid Clean or equivalent flocks, or have a negative pullorum-typhoid test within 90 days of the movement to the public exhibition.

1 CRR-NY 57.4 New York Pullorum-Typhoid Clean flock classification {#sec-1-crr-ny-57.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.4}

A New York Pullorum-Typhoid Clean flock classification will be issued by the department to participating flock owners as follows:

(a) Primary breeding flock.

All poultry on the premises (except waterfowl) must be officially tested within 12 months and found negative, provided if reactors are found the flock must pass two consecutive negative tests at least 21 days apart.

(b) Multiplier breeding flock.

The flock must be composed entirely of birds that:

(1) originated from flocks that have qualified as New York Pullorum-Typhoid Clean primary breeding flocks, or have met equivalent requirements for a period of at least 24 months; or

(2) have had a negative official test within the last 12 months of 25 percent of the birds in each pen, and if the flock is culled at the time of testing, all culls must be tested, provided, if reactors are found the entire flock must pass two consecutive negative tests at least 21 days apart, and each bird tested shall be identified with a sealed and numbered band.

1 CRR-NY 57.5 New York Pullorum-Typhoid Clean hatchery classification {#sec-1-crr-ny-57.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.5}

A New York Pullorum-Typhoid Clean hatchery classification will be issued by the department to operators of hatcheries as follows:

(a) Hatchery operator must handle only poultry and/or poultry products having a New York Pullorum-Typhoid Clean flock classification or its equivalent.

1 CRR-NY 57.6 Incorporation by reference {#sec-1-crr-ny-57.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.6}

The commissioner hereby adopts and incorporates by reference by the provisions of title 9 of the Code of Federal Regulations(revised as of January 1, 1990) part 145 “National Poultry Improvement Plan” (pages 547-576), and part 147 “Auxiliary Provisions on National Poultry Improvement Plan” (pages 576-605) and part 71 “General Provisions” (pages 139-150) and part 82 “Exotic Newcastle Disease in All Birds and Poultry; Psittacosis and Ornithosis in Poultry; Poultry Disease Caused by Salmonella Enteritidis” as amended by Volume 55 Number 33 of the Federal Register, February 16, 1990, (pages 5576-5584) and by Volume 55 Number 62 of the Federal Register, March 30, 1990 (pages 11887-11888). Copies of said material may be obtained from the U.S. Government Printing Office, Washington, DC 20402 and such material is available for public inspection and copying at the offices of the Department of Agriculture and Markets, Division of Animal Industry, Capital Plaza, One Winners Circle, Albany, NY 12235.

1 CRR-NY 57.7 Program to control Salmonella enteritidis {#sec-1-crr-ny-57.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.7}

(a) No person, corporation or other entity shall transport, possess, sell, offer or expose for sale, purchase or receive eggs within the State unless:

(1) said eggs originated in a flock and were packed in a plant which meets the requirements of this Part;

(2) the carton or other container in which such eggs are packed or held is identified by the U.S.D.A. identification number of the plant in which they were packed or, if no such number has been assigned, the U.S.D.A. shell egg handler registration number, or if no such registration number has been assigned, initials identifying the state or other jurisdiction in which the plant is located and a number assigned by said state or other jurisdiction which identifies said plant; and

(3) the appropriate regulatory authority of the state or other jurisdiction within which the plant which packed the eggs is located has filed with the department a certificate identifying, by U.S.D.A. plant number, U.S.D.A. shell egg handler registration number, or state-assigned number, the name and address of each plant within its jurisdiction which packs, for sale in New York State, only eggs from flocks which meet the requirements of this Part.

(b) No person, corporation or other entity shall transport, possess, sell, offer or expose for sale, purchase or receive within the State, poultry or poultry products used or intended for use in egg production unless:

(1) such poultry or poultry products are from a flock which meets the requirements of this Part;

(2) are accompanied by documentation which identifies the name and address of the flock of origin; and

(3) the appropriate regulatory authority of the state or other jurisdiction within which the flock of origin is located has filed with the department a certificate stating that said flock meets the requirements of this Part. Upon the demand of any person, the documentation required in paragraph (2) of this subdivision shall be immediately produced by anyone transporting, possessing, selling, offering or exposing for sale such poultry or poultry products. Failure to produce such documentation shall give rise to a presumption that the flock of origin is not so certified.

(c) Any eggs packed in a plant not certified as required herein or not identified as required herein and any poultry and poultry products from flocks not certified as required herein or not accompanied by the documentation required herein shall be subject to seizure, as shall any eggs, poultry or poultry products determined by the commissioner to have originated in flocks infected with Salmonella enteritidis or to have originated in flocks or have been packed in plants determined by the commissioner to otherwise not meet the requirements of this Part relating to Salmonella enteritidis, whether or not the flocks of origin or packing plants have been certified.

(d) Notwithstanding any other provision herein, eggs from flocks infected with Salmonella enteritidis may, with the written permission of the commissioner or the commissioner's designee, be transported within the State to an egg-breaking plant for pasteurization and eggs, poultry and poultry products used or intended for use in egg production which do not meet the requirements of this Part may, with the written permission of the commissioner or the commissioner's designee, be transported and possessed within this State for use in research or experimentation.

(e) Within 30 days of the effective date of this Part, certificates listing the packing plants and flocks which supply eggs, poultry and poultry products to New York State and which comply with the requirements of this Part shall be filed with the department by the appropriate regulatory authorities of the states or other jurisdictions within which said plants or flocks are located and thereafter said certificates shall be filed with the department semiannually in January and July of each year, on or before the 10th day of said months. The regulatory authorities of such states or other jurisdictions shall immediately notify the department of any change in the certification status of any packing plants or flocks within their jurisdiction.

1 CRR-NY 57.8 Blood tests, environmental sample collection and bird selection for organ culture {#sec-1-crr-ny-57.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.8}

(a) Blood tests.

Blood samples shall be obtained and tested as provided in 9 CFR, part 147, subpart A.

(b) Collection methods for environmental samples.

Environmental samples shall be collected and cultured in accordance with the following procedures or any other procedures approved in writing by the commissioner.

(1) Floor layer operations.

Three samples (two floor litter and one nest-box) shall be collected per house, or per floor if a house has multiple floors.

(i) Floor litter. Two samples shall be collected as follows: four 4 × 4-inch gauze sponges premoistened with double strength skim milk shall be dragged over the floor litter surface for a minimum period of 15 minutes. The gauze sponges used to collect the samples shall be placed in an 18-ounce whirl-pak bag, or 50 ml. Falcon centrifuge tube, two sponges per container with each container containing 5 mls. of double strength skim milk prepared as provided in section 57.9(a) of this Part. This will maintain the moistness of the sample during transport. The container shall be marked with the identity of the type of sample, the house identification, and the floor within the house if there are multiple floors.

(ii) Nest-boxes. One nest-box sample shall be collected by using two sterile 4 × 4-inch gauze sponges premoistened with double strength skim milk prepared as provided in section 57.9(a) of this Part. The two gauze sponges used to collect the sample shall be wiped over the interior surfaces of a minimum of ¼ of the total nest-boxes. The gauze sponges used to collect the sample shall be placed in an 18 ounce whirl-pak bag or 50 ml. Falcon centrifuge tube containing 5 mls. of double strength skim milk prepared as provided in section 57.9(a) of this Part. The container shall be marked with the identity of the type of sample, house identification, and the floor within the house if there are multiple floors.

(2) Caged layer operations.

(i) Manure samples.

(a) Automated manure removal systems. One manure sample shall be collected from each row of cages, using sterile 4 × 4-inch gauze sponges premoistened with double strength skim milk prepared as provided in section 57.9(a) of this Part. Two sponges shall be used for each row. All manure scrapers beneath each tier of cages shall be thoroughly wiped with the sponges.

(b) Nonautomated manure removal systems. (Example: deep-pit housing) Collect the samples by dragging the gauze sponges, premoistened with double strength skim milk, prepared as provided in section 57.9(a) of this Part, along the entire length of the manure pile beneath the cages of each row. The gauze sponges used to collect the samples from the two rows shall be placed in an 18 ounce whirl-pak bag or 50 ml. Falcon centrifuge tube containing 5 mls. of double-strength skim milk prepared as provided in section 57.9(a) of this Part. The container shall be marked with the house identification, and the location of the bank and rows from which the sample was taken.

(ii) Egg transport machinery samples. One egg transport machinery sample shall be collected from each row of cages by wiping at least ½ of the total surface area of the escalator belts at the front of each row of cages with two sterile 4 × 4-inch gauze sponges. The sponges will be premoistened with double strength skim milk prepared as provided in section 57.9(a) of this Part. The gauze sponges used to collect the samples from the two rows of each bank shall be placed in an 18 ounce whirl-pak bag or 50 ml. Falcon centrifuge tube containing 5 mls. of double strength skim milk prepared as provided in section 57.9(a) of this Part. This will maintain the moistness of the sample during transport. The bag shall be marked with the house identification, and the location of the bank and row from which the sample was taken. If egg collection is nonautomated, an additional manure sample from each bank, collected as described in clause (2)(i)(b) of this subdivision, shall be substituted as the second sample required from each bank.

(c) Selection of birds for organ culture.

Sixty birds shall be selected for organ culture in a random pattern throughout the house, with the exception that birds reacting to the blood test shall be cultured. Sample birds shall be sent to the diagnostic laboratory within two weeks after blood testing. A Salmonella-free environment shall be provided if the birds are held in cages overnight. All birds shall be identified by leg-band numbers. Birds from different houses shall be kept separated. The cage location from which birds originated shall be recorded. Organs shall be cultured according to the procedures outlined in section 57.9(b) of this Part.

1 CRR-NY 57.9 Laboratory procedures {#sec-1-crr-ny-57.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.9}

(a) Double strength skim milk.

Double strength skim milk shall be prepared utilizing laboratory grade commercial dehydrated skim milk. Reconstitute according to label directions with the exception that the concentration shall be doubled; (i.e., 2×). Since reconstitution will cause foaming, an appropriately large container must be used. The liquid product shall be autoclaved at 121° C, 15 pounds pressure for 15 minutes. Avoid overheating since this can cause carmelization. Cool slowly, protect from contamination and refrigerate at between 2° and 4° C. Do not use if stored for more than two weeks.

(b) Organ culture.

(1) Visceral organs.

(i) Remove aseptically from each bird the apex of heart, piece of liver, gall bladder, spleen, ovary and the upper 4-6 inches of the oviduct. Other visceral organs with pathological lesions shall be included in the culture. The organs obtained from each individual bird shall constitute an organ set.

(ii) The organ set from each bird shall be processed separately. If the evaluation of the birds involves multiple houses on a single farm site, the approved laboratory may pool the organ sets of not more than five birds from all of the houses except one. The organ sets from the birds in the remaining house shall be processed separately. Seronegative birds shall be pooled separately from seropositive birds if organs are pooled.

(iii) Mince or homogenize organ sets in equal volumes of buffered diluent. Transfer 10 mls. of homogenate to 90 mls. of selective enrichment broth (TT Hajna, or tetrathionate brilliant green).

(iv) Incubate samples from tissues for 24 hours at 37°C.

(v) Plate on brilliant-green agar or XLD with 15 mcg/ml of pure novobiocin and a second media such as BG, XLD or XLT-4. Only one of the two media shall contain novobiocin. The selection of the two mediums shall be based on their complimentary ability to select Salmonella of differing biochemical properties.

(vi) Incubate plates for 24 hours at 37°C. Select aminimum of five suspect colonies per plate and transfer to TSI or LIA or select up to nine colonies for screening using the World Health Organization Salmonella polyvalent bacteriophage 01-0E protocol. If either or both develop typical reactions, proceed to serology from TSI slants with polyvalent serum for identification and then serogrouping.

(vii) Select a minimum of five group D isolates per case for serotype and phage type determination and send isolates to National Veterinary Services Laboratory (NVSL) for determination.

(c) Environmental culture.

(1) For samples obtained from litter, manure scraper, egg belts, dead embryos, or meconium:

(i) Place samples in selective enrichment broth at a ratio of 1 part sample to 10 parts broth (TT Hajna or tetrathionate brilliant green).

(ii) No samples shall be pooled after receipt at the approved laboratory.

(iii) Incubate samples for 24 hours at 42°C.

(iv) Plate on brilliant-green agar or XLD with 15 mcg/ml of pure novobiocin and a second media such as BG, XLD or XLT-4. Only one of these two media shall contain novobiocin. The selection of the two mediums shall be based on their complimentary ability to select Salmonella of differing biochemical properties.

(v) Continue incubating selective enrichment broth culture an additional 24 hours after initial plating or hold 5-7 days at room temperature. Transfer 0.25 ml. of all Salmonella-negative original enrichment broth cultures to 10 ml. fresh enrichment broth and incubate the secondary enrichment broth at either 37°C or 42°C for 24 hours.

(vi) Plate secondary enrichment broth as in subparagraph (iv) of this paragraph.

(vii) Incubate plates for 24 hours at 37°C. Select a minimum of five suspect colonies per plate and transfer to TSI or LIA or select up to nine colonies for screening using the World Health Organization Salmonella polyvalent bacteriophage 01-0E protocol. If either or both plates develop typical reactions, proceed to serology OE protocol. If either or both plates develop typical reactions, proceed to serology from TSI slants with polyvalent serum for identification and then serogrouping.

(viii) Select a minimum of five group D isolates per case for serotype and phage type determination and send isolates to National Veterinary Services Laboratory for determination.

(d) The forwarding of Salmonella enteritidis cultures to cooperating research laboratories for further study is recommended.

1 CRR-NY 57.10 Requirements for primary breeding flocks (grandparent flocks) and multiplier breeding flocks (parent flocks) {#sec-1-crr-ny-57.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.10}

Said flocks shall participate in the U.S. Sanitation Monitored Program of the National Poultry Improvement Plan set forth in section 145.23(d) of title 9 of the Code of Federal Regulations.

1 CRR-NY 57.11 Requirements for commercial pullet grower flocks {#sec-1-crr-ny-57.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.11}

(a) Chicks shall originate in parent flocks meeting the requirements of section 57.10 of this Part.

(b) Prior to the placement of new chicks in a house, it is recommended that the house be cleaned and disinfected.

(c) Cage paper and litter shall be sampled and tested as provided in section 57.8(b) of this Part when the chicks are between five and fifteen days of age.

(d) Manure shall be sampled and tested as provided in section 57.8(b) of this Part when the chicks are between 10 and 15 weeks of age.

(e) Incoming chicks and outgoing pullets shall be transported only in cleaned and disinfected crates and vehicles.

(f) Routine diagnostic specimens shall be tested as provided in section 57.9(b)(1) of this Part.

(g) Flocks containing less than 3,000 birds shall be exempt from the sampling and testing required by this section.

1 CRR-NY 57.12 Requirements for producers {#sec-1-crr-ny-57.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.12}

(a) Requirements for producers utilizing all in-all out management for commercial egg producing poultry flocks.

(1) Birds shall originate in parent flocks which meet the requirements of section 57.10 of this Part, shall be raised according to the requirements specified in section 57.11 of this Part and shall have been tested as required therein and found negative for Salmonella enteritidis.

(2) Within 60 days prior to the placement of new birds in a house, environmental samples shall be collected and tested as provided in section 57.8(b) of this Part. No birds shall be placed in the house until the test results are known to be negative for Salmonella enteritidis.

(b) Requirements for producers utilizing continuous management (multiage flocks), for commercial egg producing poultry flocks.

(1) Birds shall originate in parent flocks which meet the requirements of section 57.10 of this Part, shall be raised according to the requirements specified in section 57.11 of this Part and shall have been tested as required therein and found negative for Salmonella enteritidis.

(2) Environmental samples shall be collected every 12 months and tested as provided in section 57.8(b) of this Part. The first such sampling and testing shall occur within three months of the effective date of this section.

(c) Flocks containing less than 3,000 birds shall be exempt from the sampling and testing required by this section.

1 CRR-NY 57.13 Requirements for empty commercial egg-producing poultry houses which have been found positive for Salmonella enteritidis upon environmental culture {#sec-1-crr-ny-57.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.13}

If Salmonella enteritidis is cultured following environmental evaluation of an empty poultry house, the house shall be cleaned and disinfected and retested pursuant to the procedures set forth in section 57.8(b) of this Part and must be found negative for Salmonella enteritidis prior to the introduction of birds.

1 CRR-NY 57.14 Requirements for egg-type poultry flocks found to have Salmonella enteritidis contaminated environments {#sec-1-crr-ny-57.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.14}

Such flocks shall be tested as follows:

(a) Blood test 300 birds per age group pursuant to the procedures set forth in section 57.8(a) of this Part.

(b) Culture 60 birds according to the procedures set forth in section 57.8(c) of this Part.

(c) If flocks are negative upon organ culture reevaluate the flocks by retesting as provided in subdivisions (a) and (b) of this section. If organ cultures continue to be negative, flocks shall revert to negative status, provided that every three months for the remaining productive life of the flocks. No additional birds shall be added to the houses until the houses have been cleaned and disinfected and their environments have been tested pursuant to the procedures set forth in section 57.8(b) of this Part and found negative for Salmonella enteritidis.

1 CRR-NY 57.15 Requirements for commercial egg-producing poultry flocks identified for testing by trace-outs from flocks found positive for Salmonella enteritidis {#sec-1-crr-ny-57.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.15}

Commercial egg-producing poultry flocks identified for testing by trace-outs from flocks found positive for Salmonella enteritidis shall be tested, evaluated and managed as provided in 9 CFR parts 71 and 82.

1 CRR-NY 57.16 Requirements for egg-type poultry flocks found positive for Salmonella enteritidis following organ culture {#sec-1-crr-ny-57.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.16}

The culture of Salmonella enteritidis obtained from organ samples other than lungs or intestines shall be the basis for declaring such flocks to be infected. All eggs from such flocks shall be sent only to breaking plants for pasteurization until said flocks are depopulated. Replacement birds shall not be introduced into the houses of such flocks until the flocks have been depopulated and the environment has been cleaned and disinfected and retested pursuant to the procedure set forth in section 57.8(b) of this Part and found negative for Salmonella enteritidis.

1 CRR-NY 57.17 Requirements for commercial egg-producing poultry flocks suspected of causing human illness caused by Salmonella enteritidis acquired from the consumption of eggs or egg products {#sec-1-crr-ny-57.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.17}

Commercial egg-producing poultry flocks suspected of causing human illness caused by Salmonella enteritidis acquired from the consumption of eggs or egg products shall be tested, evaluated and managed as provided in 9 CFR parts 71 and 82.

1 CRR-NY 57.18 Requirements for commercial pullet grower flocks found positive for Salmonella enteritidis {#sec-1-crr-ny-57.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.18}

If Salmonella enteritidis is found in the environment of commercial pullet grower flocks, 60 birds shall be cultured according to the procedures set forth in section 57.8(c) of this Part. Said birds shall be selected at random. If the organ cultures are negative, reevaluate the flocks by selecting an additional 60 birds in a random pattern throughout the houses and culturing the organs as provided for in section 57.8(c) of this Part. If organ cultures continue to be negative, the flocks shall revert to negative status. No additional birds shall be placed in the houses until the houses have been cleaned and disinfected and the environments have been tested and found negative for Salmonella enteritidis. If the organ cultures are positive for Salmonella enteritidis, the flocks shall be considered infected and shall either be depopulated or all future egg production shall be sent to a breaking plant for pasteurization.

1 CRR-NY 57.19 Special requirements for library and experimental gene pool flocks found positive for Salmonella enteritidis {#sec-1-crr-ny-57.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.19}

If any of the environmental, blood and/or culture samples taken from such flocks test positive for Salmonella enteritidis, eggs from such flocks shall not be used for human consumption and the flocks shall be maintained in strict isolation until the infection is eliminated from the remaining birds and has been eliminated from their environment.

1 CRR-NY 57.20 Biosecurity and maintenance {#sec-1-crr-ny-57.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.20}

A biosecurity program, adequate to control rodents, wild birds and flies, shall be established and maintained for all flocks and a regulatory program of maintenance and cleaning of egg conveyor and handling equipment shall be established pursuant to the procedures set forth in part 147 of title 9 of the Code of Federal Regulations.

1 CRR-NY 57.21 Packing plant records {#sec-1-crr-ny-57.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.21}

All egg packing plants shall make and maintain a record of the flocks of origin of the eggs packed each day. Said records shall be made available for inspection upon the demand of the regulatory officials of the state or other jurisdiction in which said plants are located.

1 CRR-NY 57.22 Compliance {#sec-1-crr-ny-57.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.22}

Sections 57.10 “Requirements for primary breeding flocks (grandparent flocks) and multiplier breeding flocks (parent flocks),” 57.11 “Requirements for commercial pullet grower flocks” and 57.12, “Requirements for commercial egg-producing poultry flocks,” shall apply to flocks placed in houses after the effective date of said sections. Poultry placed in houses prior to the effective date of said sections shall be deemed to comply therewith and shall remain eligible for use.

1 CRR-NY 57.23 Severability {#sec-1-crr-ny-57.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.23}

If any provision of this Part or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons or circumstances.

1 CRR-NY 57.24 to 57.34 to 57.34 [Deleted] {#sec-1-crr-ny-57.24-to-57.34 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.24 to 57.34}

1 CRR-NY 57.40 to 57.43 to 57.43 [Deleted] {#sec-1-crr-ny-57.40-to-57.43 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.40 to 57.43}

1 CRR-NY 57.50 to 57.53 to 57.53 [Deleted] {#sec-1-crr-ny-57.50-to-57.53 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.50 to 57.53}

1 CRR-NY 57.60 to 57.64 to 57.64 [Deleted] {#sec-1-crr-ny-57.60-to-57.64 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.60 to 57.64}

1 CRR-NY 57.70 to 57.71 to 57.71 [Deleted] {#sec-1-crr-ny-57.70-to-57.71 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 57.70 to 57.71}

Part 58 TUBERCULOSIS-FREE ACCREDITED HERDS OF CATTLE

1 CRR-NY 58.1 Individual accredited herd plan {#sec-1-crr-ny-58.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 58.1}

(a) A tuberculosis-free accredited herd of cattle is one in which the entire herd has passed two negative annual physical examinations and tuberculin tests.

(b) To maintain a fully accredited status, a herd must be tested annually.

(c) Accredited herd certificates will be issued only upon request, and shall be valid for one year unless revoked.

1 CRR-NY 58.2 The tuberculin test {#sec-1-crr-ny-58.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 58.2}

(a) Unless some other test is authorized in writing by the commissioner, the official test shall be the intradermic by the double injection of the caudal fold and vulva.

(b) A tuberculin test shall be applied only by an accredited veterinarian registered with the Education Department of a veterinarian regularly employed by the county, State or Federal Bureau of Animal Industry.

(c) The entire herd, or any cattle in the herd, shall be tuberculin tested or retested at such times as may be deemed advisable by the State and Federal Bureaus of Animal Industry.

1 CRR-NY 58.3 Infected herds {#sec-1-crr-ny-58.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 58.3}

(a) As provided by law, when reactors to the tuberculin test are reported, the entire herd shall be placed under written quarantine, and before such quarantine may be revoked, shall be required to pass two negative tuberculin tests not less than 60 days apart. Further, such herds shall not be accredited until they have passed a third negative tuberculin test not less than 12 months following the test on which infection was disclosed.

(b) An accredited or clean herd in which shall all reported reactors prove, on postmortem examination, to have no gross lesions of tuberculosis, or to have skin lesions only, will require a 60-day negative retest by an official veterinarian before it can be restored to an accredited or clean status.

1 CRR-NY 58.4 Reactors {#sec-1-crr-ny-58.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 58.4}

Reactors to the tuberculin test shall be promptly segregated from the herd; and, after their removal from the herd, the infected premises shall be thoroughly cleaned and disinfected in a manner satisfactory to the State and Federal Bureaus of Animal Industry.

1 CRR-NY 58.5 Added cattle {#sec-1-crr-ny-58.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 58.5}

Herd additions must originate in tuberculosis-free accredited herds or in herds of comparable status in a modified-accredited area.

Part 59 VACCINES, SERUMS AND OTHER PREPARATIONS

1 CRR-NY 59.1 Products prohibited except by permit {#sec-1-crr-ny-59.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 59.1}

(a) No person, firm or corporation shall possess, use, sell, offer for sale, give away, send or bring into the State of New York the following products except as provided herein:

(1) Anaplasmosis vaccine;

(2) Anthrax spore vaccine;

(3) Hog cholera virus or vaccine, either virulent, modified live or killed or any blood or other animal tissue known to contain live hog cholera virus;

(4) Virulent virus laryngotracheitis vaccine;

(5) Pseudorabies vaccine, both modified live and killed types; and

(6) All other biological products which are developed for the prevention of animal or poultry diseases after the effective date of this Part and which contain a living pathogenic agent.

(b) In an emergency, after written request, the commissioner or his duly authorized agent may give permission in writing for the purchase, possession, use or shipment into the State of products listed in subdivision (a) of this section. Delivery and possession of such permitted products must be confined to the premises specified in the written permit and the use of such products must be limited to the purposes specified in the written permit.

(c) Nothing in this section shall prevent the movement of such products across New York State by common carrier for delivery to destinations outside New York State.

1 CRR-NY 59.2 Therapeutic preparations {#sec-1-crr-ny-59.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 59.2}

(a) As provided in subdivision 4 of section 89 of the Agriculture and Markets Law, all therapeutic preparations of microbiological origin prepared within or brought into the State to be retained, sold or given away within the State for use in the detection, prevention, control or eradication of infectious or contagious diseases of domestic animals or fowls, or for the administration thereto for whatever purpose shall be confined to use by legally qualified veterinarians; and

(b) All such preparations except the following are exempt from this provision:

(1) Anaplasmosis antigen and vaccine;

(2) Anthrax vaccine, serum, bacterin and aggressin;

(3) Blackleg vaccine, serum, bacterin and aggressin;

(4) Blue tongue vaccine;

(5) Brucella abortus vaccine (bovine abortion vaccine)

(6) Brucella abortus antigen;

(7) Contagious ecthyma vaccine;

(8) Antiencephalitis (encephalaomyelitis) serums singly or in combination;

(9) Equine infectious anemia antigen (swamp fever antigen);

(10) Hog cholera virus, vaccine and serum;

(11) Johnin;

(12) Mallein;

(13) Rabies vaccine and serum, except as provided in subdivision (c) of this section;

(14) Tuberculin (bovine and avian);

(15) Pseudorabies vaccine, both modified live and killed types; and

(16) all other biological products which are developed for the prevention of animal or poultry diseases after the effective date of this Part and which contain a living pathologenic agent.

(c) Notwithstanding any other provision of this Chapter, rabies vaccine and serum shall not be confined to use by legally qualified veterinarians when such vaccine or serum is being administered as part of a pilot or research project involving the control of rabies in wildlife, provided such project has been approved by the Commissioner of Environmental Conservation, the Commissioner of Health and the Commissioner of Agriculture and Markets and the vaccine or serum is being administered by persons who have been authorized in writing by the Department of Agriculture and Markets to use such vaccine or serum and the said persons so authorized are acting under the direct or indirect supervision of a licensed project staff veterinarian and in accordance with all applicable State and Federal statutes and regulations. Applications for such authorization shall be endorsed by the licensed project staff veterinarians under which supervision the applicants will be acting. Said authorization shall be granted if the commissioner is satisfied that the applicant is qualified by background, training and experience to effectively administer rabies vaccine or serum as part of a pilot or research project involving the control of rabies in wildlife.

1 CRR-NY 59.3 Report to the commissioner {#sec-1-crr-ny-59.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 59.3}

(a) As provided by subdivision 3 of section 89 of the Agriculture and Markets Law, every individual, firm, corporation or institution preparing or selling or receiving for retention or sale or giving away within this State any therapeutic preparation of microbiological origin for use in the detection, prevention, control or eradication of infectious or contagious diseases of domestic animals or fowls, or for the administration thereto for whatever purpose, shall report to the commissioner the character and purpose of the preparation, the quantity, the name and address of the manufacturer, and the name and address of the person or firm to whom the product was sold or given away.

(b) All such preparations except the following are exempt from this section:

(1) Anaplasmosis antigen and vaccine;

(2) Anthrax vaccine;

(3) Blue tongue vaccine;

(4) Brucella abortus vaccine (bovine abortion vaccine);

(5) Brucella abortus antigen;

(6) Encephalitis (encephalomyelitis) vaccine (avian);

(7) Equine infectious anemia antigen (swamp fever antigen);

(8) Gumboro (bursal) disease vaccine;

(9) Hog cholora virus, vaccine;

(10) Marek's disease vaccine;

(11) Mycoplasma gallisepticum antigen and positive serum;

(12) Mycoplasma synoviae antigen and positive serum;

(13) Pseudorabies vaccine, both modified live and killed types; and

(14) All other biological products which are developed for the prevention of animal or poultry diseases after the effective date of this Part and which contain a living pathogenic agent.

Part 60 INTRASTATE MOVEMENT OF DEER

1 CRR-NY 60.1 Definitions {#sec-1-crr-ny-60.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.1}

For the purposes of this Part:

(a) Accredited veterinarian means a veterinarian duly approved by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture and accredited to perform functions of Federal and cooperative State-Federal programs.

(b) BTB test means a blood tuberculosis test that involves a battery of immunologic tests conducted on deer blood samples. The results are evaluated against a data base of values obtained from infected and nondiseased animals with the use of computer assisted diagnosis.

(c) Certified lay inspector means an inspector certified by the United States Department of Agriculture attesting to competence in meat inspection.

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

(e) Deer means any member of the family cervidae.

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

(g) Herd means:

(1) any deer under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm or ranch); or

(2) all deer under common ownership or supervision on two or more premises that are geographically separated, but on which the deer have been interchanged or where there has been contact among the deer on the different premises. Contact between deer on the different premises will be assumed unless the owner establishes otherwise and the results of the epidemiologic investigation are consistent with the lack of contact between premises; or

(3) all deer on common premises, such as community pastures or grazing association units, but owned by different persons. Other groups of deer owned by the persons involved which are located on other premises are considered to be part of this herd unless the epidemiologic investigation establishes that deer from the affected herd have not had the opportunity for direct or indirect contact with deer from that specific premises.

(h) Herd of origin means any herd of deer or any farm or other premises where the deer were born or where deer have been kept for four months or more before the date of shipping, provided deer from other premises have not been assembled on the farm or premises within four months before the date of shipment.

(i) Nontest eligible deer means deer that are less than 180 days of age.

(j) Reactor means a deer that has been subjected to a comparative cervical test, BTB test or microbiological culture and the test results indicate that the animal has been exposed to or is infected with Mycobacterium bovis.

(k) Slaughter bucks means male deer that are being raised exclusively for slaughter and are held separate and apart from all nonslaughter deer.

(l) State-Federal regulatory veterinarian means a veterinarian who is employed for the purpose of implementing disease control programs on a state or nationwide basis.

(m) Suspect means a deer that has been subjected to a cervical tuberculin test and a palpable or visible response is noted upon evaluation 72 hours post injection.

(n) Test eligible deer means all deer in the herd that are 180 days of age or older.

(o) U.S.D.A. means United States Department of Agriculture.

1 CRR-NY 60.2 [Repealed] {#sec-1-crr-ny-60.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.2}

1 CRR-NY 60.3 Tuberculosis free certificate {#sec-1-crr-ny-60.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.3}

(a) The commissioner may recognize the tuberculosis free status of a deer herd by issuing a herd tuberculosis free certificate if the following criteria are met:

(1) Receipt of the results of a cervical tuberculosis test, a U.S.D.A. approved deer tuberculosis test or BTB test indicating that all test eligible deer have been tested at least twice with an interval of 10 to 14 months between tests and no evidence of Mycobacterium bovis infection was found. Slaughter bucks are exempt from this requirement.

(2) All test eligible deer added to the herd have negative test results to a cervical tuberculosis test, U.S.D.A. approved deer tuberculosis test or BTB test within 60 days prior to addition to the herd.

(3) All nontest eligible deer added to the herd originate from a herd of origin in which all test eligible deer have had negative test results to a cervical tuberculosis test, a U.S.D.A. approved deer tuberculosis test or BTB test in the preceding 12 months.

(b) The certificate shall be effective for 12 months from the date of the most recent tuberculosis test, unless:

(1) the commissioner determines that a suspect or reactor has been identified within the certified herd; or

(2) any deer added to the certified herd does not comply with the provisions of this section.

(c) The procedure for certification is illustrated in the following chart:

1 CRR-NY 60.4 Procedures for suspects {#sec-1-crr-ny-60.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.4}

(a) If a suspect is identified in a herd that has been tested for tuberculosis with negative results within the previous 12 months, the suspect shall be quarantined and subjected to a comparative cervical tuberculosis test, a U.S.D.A. approved deer tuberculosis test or a BTB test. If this tuberculosis test is positive, the deer shall be classified as a reactor and the entire herd shall be quarantined under the conditions set forth in section 60.7 of this Part.

(1) The herd quarantine shall be released if the reactor is slaughtered, the necropsy procedures in section 60.6 of this Part followed and the necropsy reveals no visible lesions.

(2) The quarantine shall be reinstated if Mycobacterium bovis is microbiologically isolated in the tissue samples submitted pursuant to section 60.6 of this Part and the herd shall be classified as tuberculosis infected.

(b) If a suspect is identified in a herd that has not been tested for tuberculosis within the previous 12 months, the entire herd shall be quarantined under the conditions set forth in section 60.7 of this Part and subjected to a cervical tuberculosis test, a U.S.D.A. approved deer tuberculosis test or a BTB test.

(1) If no suspects are disclosed by the herd test, the quarantine shall be released.

(2) If suspects are disclosed by the herd test, then either:

(i) a BTB test must be conducted on all suspects. All BTB reactors shall be slaughtered and the necropsy procedures in section 60.6 of this Part followed. If the necropsy reveals no visible lesions, the quarantine may be released. The quarantine shall be reinstated if Mycobacterium bovis is microbiologically isolated in the tissue samples submitted pursuant to section 60.6 of this Part and the herd shall be classified as tuberculosis infected; or

(ii) all suspects up to a maximum of five must be slaughtered and the necropsy procedures in section 60.6 of this Part followed.

(a) If Mycobacterium bovis is microbiologically isolated in the tissue samples submitted pursuant to section 60.6 of this Part, the herd shall be classified as tuberculosis infected.

(b) If no Mycobacterium bovis is microbiologically isolated, then the remaining suspects shall be subjected to a comparative cervical tuberculosis test or BTB test. All reactors shall be slaughtered and the necropsy procedures in section 60.6 of this Part followed.

(1) If Mycobacterium bovis is microbiologically isolated in the tissue samples submitted pursuant to section 60.6 of this Part, the herd shall be classified as tuberculosis infected.

(2) If Mycobacterium bovis is not microbiologically isolated, then the quarantine shall be released.

(c) The procedure for suspects is illustrated in the following chart:

1 CRR-NY 60.5 Procedures for infected herds {#sec-1-crr-ny-60.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.5}

(a) A herd shall be classified as tuberculosis infected if Mycobacterium bovis is found in the tissue of any deer. The entire herd shall be quarantined under the conditions outlined in section 60.7 of this Part until:

(1) the herd is depopulated and the premises are cleaned and disinfected in a manner acceptable to the commissioner; or

(2) each deer in the herd is subjected to a BTB test conducted by an accredited veterinarian on two separate occasions at a 90-day interval. Any reactor to either BTB test shall be slaughtered within a maximum of 10 days. After the initial BTB tests, the remaining herd shall be subject to a series of single cervical tuberculosis tests, U.S.D.A. approved deer tuberculosis tests or BTB tests conducted at not less than eight month intervals until all deer react negatively to three successive tests.

(b) The procedure for infected herds is illustrated in the following chart:

1 CRR-NY 60.6 Necropsy procedures {#sec-1-crr-ny-60.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.6}

When any suspect or reactor deer is slaughtered pursuant to this Part, the following procedures apply:

(a) the owner must contact the department and give a minimum of 72 hours notice prior to slaughter;

(b) a necropsy must be performed on the carcass under the supervision of an accredited veterinarian or certified lay inspector and any visible lesions immediately reported to the department by the supervising veterinarian or inspector; and

(c) the retropharyngeal, mandibular, parotid, mediastinal, tracheobronchial, hepatic and mesenteric lymph nodes must be collected under the supervision of an accredited veterinarian or certified lay inspector and submitted to the National Veterinary Services Laboratory, Ames, Iowa, in shipping containers which may be obtained from the department upon request.

1 CRR-NY 60.7 Conditions of quarantine {#sec-1-crr-ny-60.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.7}

(a) The quarantine shall include all animals on the premises susceptible to tuberculosis infection that were exposed to the infected herd in a manner that would permit the spread of tuberculosis. The extent of the quarantine will be determined by a State-Federal regulatory veterinarian following epidemiologic evaluation of the premises.

(b) Quarantined animals must be identified by a department approved eartag or tattoo.

(c) Fences shall be constructed in manner to prevent the escape of the quarantined animals, to prevent exposure to unquarantined animals and shall be appropriate for the species.

(d) All animals infected with or exposed to tuberculosis must remain on the premises where quarantined unless a permit is obtained from the department or the U.S.D.A. authorizing supervised movement.

(e) Movement for slaughter must be directly to a slaughtering establishment where approved State or Federal inspection is administered. The animal must be slaughtered upon arrival at the establishment.

1 CRR-NY 60.8 Discretionary testing {#sec-1-crr-ny-60.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.8}

The department may require an entire herd or any deer in the herd to be tested or retested for tuberculosis as is necessary to promote the suppression or eradication of the disease.

1 CRR-NY 60.9 Reporting requirements {#sec-1-crr-ny-60.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.9}

Accredited veterinarians shall immediately notify the department in writing of any positive test results to any deer tuberculosis test performed by that veterinarian.

1 CRR-NY 60.10 to 60.11 to 60.11 [Repealed] {#sec-1-crr-ny-60.10-to-60.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.10 to 60.11}

1 CRR-NY 60.12 [Repealed] {#sec-1-crr-ny-60.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 60.12}

Part 61 DOMESTIC ANIMAL HEALTH PERMITS

1 CRR-NY 61.1 Records required {#sec-1-crr-ny-61.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 61.1}

Each person, firm or corporation holding a domestic animal health permit issued by the New York State Department of Agriculture and Markets shall keep a record of all cattle (except veal calves) and horses purchased, sold or otherwise handled by such permit holder. A permit holder will be deemed to have handled the cattle and horses involved in any transaction if he is connected with or plays any part in such transaction, whether as broker, auctioneer, auction market operator, or other intermediary or agent, even though the permit holder does not take possession of the cattle or horses or receive compensation for his services.

1 CRR-NY 61.2 Contents of records {#sec-1-crr-ny-61.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 61.2}

The record shall include the following information pertaining to each such animal:

(a) all tag or other identifying numbers carried by or assigned to the animal at the time of purchase by or consignment to the permit holder and at the time of sale by the permit holder, whether acting as principal, broker, auctioneer, auction market operator or other intermediary or agent;

(b) all brand and tattoo numbers carried by the animal except vaccination tattoos;

(c) the name and address of the person who consigned the animal for sale by the permit holder or from whom the animal was purchase or if purchased by the permit holder at auction, the name and address of the auction market; also the date of consignment or purchase;

(d) the name and address of the person to whom the animal was sold by the permit holder acting as principal, or as broker, auctioneer, auction market operator or other intermediary or agent, and the name and address of any auction market to whom the animal was consigned by the permit holder, and the date of such sale or consignment;

(e) the breed, sex, color and approximate age of each animal;

(f) the dates and laboratory accession numbers of any tests required for sale or movement of each animal; and

(g) the identifying number and date of issuance of any exemption permit for slaughter or other purpose issued for any horse pursuant to section 95-c of the Agriculture and Markets Law or Federal law.

1 CRR-NY 61.3 When records are to be made {#sec-1-crr-ny-61.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 61.3}

When cattle or horses are purchased, the required information relating to the purchase shall be recorded immediately upon completion of the purchase. When such animals are consigned or sold, the required information relating thereto shall be recorded immediately upon completion of the consignment or sale.

1 CRR-NY 61.4 Official department record books {#sec-1-crr-ny-61.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 61.4}

Each permit holder will be furnished official record books by the Department of Agriculture and Markets. It shall be the duty of each permit holder to request additional official record books when needed. Each New York State Department of Agriculture and Markets record book is and shall remain the property of the New York State Department of Agriculture and Markets and the delivery of such a book into the care and possession of a permit holder shall be in the nature of a loan for his convenience. Permit holders will be expected to use reasonable care and diligence to preserve and protect the assigned record books.

1 CRR-NY 61.5 Manner of keeping records {#sec-1-crr-ny-61.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 61.5}

The records required by this Part shall be recorded and kept in the Department of Agriculture and Markets' record books, except that upon request of a permit holder, the Commissioner of Agriculture and Markets may authorize the permit holder to use another type of record book or ledger, provided that the other type of record book or ledger will permit the recording of information relating to each transaction in a manner that will, in the opinion of the commissioner, accomplish the purposes and objectives of this Part. Information relative to any transaction which is entered in a cattle or equine record book shall be accurate and legible in each detail and it shall not be altered, obliterated, defaced or erased. If after information relative to any transaction has been entered in a record book, it is found that the information so recorded is in some part in error, the correct information relative to that particular transaction shall be reentered in the next available space in the record book without altering or changing the original entry except to note that the record is corrected by a later entry.

1 CRR-NY 61.6 Preservation of records; examination by department {#sec-1-crr-ny-61.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 61.6}

(a) The records of cattle and/or horse sales, purchases and transactions required by this Part shall be kept and retained in the possession of the permit holder for a period of at least four years after each purchase or sale of any cattle or horses. Record books, together with the entries therein, shall be available for examination by the commissioner or any agent of the United States Department of Agriculture at all reasonable times.

(b) The Department of Agriculture and Markets' record books shall be delivered into the possession of any agent of the Department of Agriculture and Markets of the State of New York or of the United States Department of Agriculture immediately upon request or demand of such agent.

Part 62 HEALTH REQUIREMENTS GOVERNING IMPORTATION OF SHEEP, GOATS, LLAMAS AND DEER

1 CRR-NY 62.1 Definitions {#sec-1-crr-ny-62.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 62.1}

For the purposes of this Part:

(a) Accredited veterinarian means a veterinarian duly approved by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture and accredited to perform functions of Federal and cooperative State-Federal programs.

(b) Area veterinarian in charge is an official of the U.S.D.A. assigned to supervise and perform official animal health work in the State or other states concerned.

(c) Brucellosis-monitored cervid herd means a herd raised under range conditions in which sufficient numbers of sexually intact animals six months of age and older have been tested to provide a 95-percent probability of detecting a two-percent brucellosis prevalence in the herd.

(d) Certificate of veterinary inspection.

(1) A certificate issued by an accredited veterinarian and approved and countersigned by the chief livestock health official of the state or country of origin. Approval and countersignature of the certificate shall signify that said official has caused the statements thereon to be verified and shall further signify that these statements qualify the animal for movement into New York State in accordance with the provisions of this Part.

(2) Such certificate shall identify each animal to be moved into this State. Individual identification shall include all eartags and tattoos carried by the animal, its species, breed, age, sex and its registration number, if any.

(3) Such certificate shall include the full name and address of both consignor and consignee, the date of issue, the dates and results of qualifying tests, the anticipated date of entry of the animal into New York State, and a statement that the animal has been inspected by an accredited veterinarian and is not showing signs of infectious, contagious or communicable disease (except where noted) and that the results of the tests are as indicated.

(4) Such certificate shall be valid for the purpose of this Part up to and including the 30th day following the date of inspection of the animal.

(e) Certified brucellosis-free cervid herd means a herd of cervidae that has qualified for and has been issued a certified brucellosis-free herd certificate signed by both the area veterinarian in charge and the State animal health official.

(f) Deer means any member of the family cervidae.

(g) Goat means any member of the caprine species.

(h) Herd of origin means any herd of deer or any farm or other premises where the deer were born or where deer have been kept for four months or more before the date of shipping, provided deer from other premises have not been assembled on the farm or premises within four months before the date of shipment.

(i) Immediate slaughter means slaughter within six days (144 hours) after the time of entry into this State, except with respect to deer, such term shall mean slaughter within 10 days (240 hours) of entry into this State.

(j) Llama means any member of the genus Lama.

(k) Official test means test approved by the United States Department of Agriculture.

(l) Recognized slaughtering establishment means any abattoir at which inspection service is provided by the U.S.D.A.

(m) Scrapie consistent state means a state that the U.S.D.A. has determined either enforces the Federal scrapie control program set forth in section 79.6 of Title 9 of the Code of Federal Regulations or enforces a State program which the U.S.D.A. determines is at least as effective in controlling scrapie as the Federal program.

(n) Sheep means any ruminant animal belonging to the genus Ovis.

(o) Specifically approved stockyard means an establishment where sheep or goats are handled under permit or license issued by the department and which has been approved by the department to handle out-of-state sheep or goats.

(p) State means the State of New York.

(q) State animal health official is the official of the State or other states or countries responsible for animal disease control and eradication programs.

(r) Waybill means a legible statement or certificate prepared by the owner or shipper and shall include:

(1) the date the waybill is prepared;

(2) the name and address of the owner or shipper;

(3) the point from which the animals are moved interstate;

(4) the name and address of the person or firm to whom consigned in New York State;

(5) the number of each species covered by the waybill;

(6) a statement that the animals are being brought into this State for immediate slaughter; and

(7) the written and complete signature of the owner or shipper. A waybill shall be void eight days after date of preparation thereof.

1 CRR-NY 62.2 General {#sec-1-crr-ny-62.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 62.2}

(a) No sheep, goats, llamas or deer shall be brought into New York State except in compliance with this Part.

(b) No sheep, goats, llamas or deer affected with any infectious, contagious or communicable disease shall be brought into New York State except with written permission of the New York Department State of Agriculture and Markets.

1 CRR-NY 62.3 Sheep and goats {#sec-1-crr-ny-62.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 62.3}

(a) Sheep and goats may be moved directly to a recognized slaughtering establishment or specifically approved stockyard in the State under the provisions of section 62.4 of this Part.

(b) All other sheep and goats moving into the State shall be accompanied by an approved certificate of veterinary inspection.

1 CRR-NY 62.4 Importation of sheep and goats to a specifically approved stockyard or recognized slaughtering establishment {#sec-1-crr-ny-62.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 62.4}

Sheep and goats may be moved to a specifically approved stockyard or recognized slaughtering establishment without a certificate of veterinary inspection under the following conditions:

(a) The sheep or goats shall be accompanied by a waybill.

(b) The sheep or goats shall be moved directly to the specifically approved stockyard or recognized slaughtering establishment named as the destination or consignee on the waybill.

(c) At any time after entry of the sheep or goats into the State, an authorized representative of the commissioner may direct the person transporting the sheep or goats to a designated location for the following purposes: unloading, restraint, inspection, identification, tagging, testing, or quarantine.

(d) The sheep or goats transported to a recognized slaughtering establishment shall be slaughtered within six days (144 hours) after the time of entry into this State.

(e) The sheep or goats transported to a specifically approved stockyard may be moved without restriction provided that:

(1) the stockyard complies with the requirements of this section including but not limited to maintenance of a segregation facility; and adequate handling and restraining equipment to enable the reading of eartags and performance of physical examinations of the sheep and goats; and

(2) the sheep or goats originated in a state which is:

(i) bordering on New York State;

(ii) recognized by the U.S.D.A. as a scrapie consistent state; and

(iii) has not been recognized by the commissioner as having any other disease of sheep or goats which does not naturally occur in New York; and

(3) the Federally assigned premises identification numbers of all premises of origin of the sheep or goats are included on the entry waybill. For purposes of this section, premises of origin shall be the farm or ranch where the animals originated and not a livestock market or dealer;

(4) each sheep or goat entering the State has an individual, uniquely numbered eartag, approved for identification by the U.S.D.A. or country of origin, which eartag number is included on the entry waybill;

(5) the sheep or goats which enter under this section are segregated by at least 30 feet from New York origin sheep or goats prior to the required veterinary inspection; and

(6) prior to release from the segregation pens, an accredited veterinarian shall physically examine all animals in the pen and shall prepare an approved certificate of veterinary inspection for those animals not going to immediate slaughter. If any animal shows any signs of infectious, contagious or communicable disease, that animal, and all animals exposed to that animal shall go for immediate slaughter, or, at the discretion of the commissioner may be returned to the premises of origin or quarantined and isolated from all other animals at the owner's expense until the commissioner determines that the animals are not a threat to New York livestock.

(f) The recognized slaughtering establishment or specifically approved stockyard shall maintain records including consignor, identification numbers, and the destination of all sheep and goats handled under this section. These records shall be maintained for a period of five years and be made available for examination upon the request of a representative of the department or U.S.D.A.

1 CRR-NY 62.5 Scrapie in sheep and goats {#sec-1-crr-ny-62.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 62.5}

(a) For purposes of the enforcement of article 5 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with the rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 9 of the Code of Federal Regulations, part 79 (revised as of January 1, 2005; U.S. Government Printing Office, Washington, DC 20402), at pages 296-318, entitled Scrapie in Sheep and Goats. In order to meet the requirements of scrapie consistent State status, official identification in the manner described in part 79 of title 9 of the Code of Federal Regulations shall be required for any sheep over 18 months of age and for any sheep and goats of any age upon change of ownership, unless such sheep and goats have been sold for slaughter.

(b) Copies of this regulation, as published in title 9 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Animal Industry, 10-B Airline Drive, Albany, NY 12235, and are available for public inspection and copying during regular business hours.

1 CRR-NY 62.6 Llamas {#sec-1-crr-ny-62.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 62.6}

Llamas moved into the State for any purpose shall be accompanied by an approved certificate of veterinary inspection.

1 CRR-NY 62.7 Deer importation {#sec-1-crr-ny-62.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 62.7}

(a) In order to move deer into the State for any purpose other than immediate slaughter:

(1) the destination of the deer must be in compliance with the requirements of Part 68 of this Title;

(2) the deer to be moved meet the requirements of Part 68 of this Title including having a prior permit for importation;

(3) all deer must be accompanied by an approved certificate of veterinary inspection; and

(4) deer originating from U.S.D.A. certified brucellosis-free cervid herds do not require testing for interstate movement; all sexually intact deer 180 days of age or older from USDA Brucellosis-Monitored cervid herds must test negative for brucellosis within 90 days prior to interstate movement; all other sexually intact deer 180 days of age or older must be tested for brucellosis within 30 days prior to interstate movement.

(b) For purposes of the enforcement of article 5 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with the rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in Title 9 of the Code of Federal Regulations, subpart C of part 77 (revised as of January 1, 2007; U.S. Government Printing Office, Washington, DC 20402), at pages 257-273, entitled Captive Cervids. Copies of this regulation, as published in Title 9 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Animal Industry, 10-B Airline Drive, Albany, New York 12235, and are available for public inspection and copying during regular business hours.

1 CRR-NY 62.8 [Repealed] {#sec-1-crr-ny-62.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 62.8}

1 CRR-NY 62.9 [Repealed] {#sec-1-crr-ny-62.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 62.9}

Part 63 HEALTH REQUIREMENTS GOVERNING IMPORTATION OF SWINE

1 CRR-NY 63.1 General {#sec-1-crr-ny-63.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 63.1}

(a) No swine shall be brought into New York State except in compliance with these regulations.

(b) No swine affected with any clinical signs or evidence of infectious, contagious, or communicable disease shall be brought into New York State except with the written permission of the Department of Agriculture and Markets, State of New York.

(c) The importer, purchaser or consignee shall submit, confine, restrain and make available all imported swine for such tests and examinations as the commissioner may deem necessary. Animals which, as a result of such tests or examinations, or animals brought into New York that do not qualify under subdivisions (a) and (b) of this section, shall be quarantined in isolation at the owner's expense pending further tests, returned to the state of origin, or declared to be slaughter swine as the commissioner may direct.

1 CRR-NY 63.2 Definitions {#sec-1-crr-ny-63.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 63.2}

For the purposes of this Part, the following shall have the following meanings:

(a) Approved health certificate.

(1) A certificate issued by an accredited veterinarian and approved and countersigned by the chief livestock health official of the state or country of origin. Approval and countersignature of the certificate shall signify that the said official has caused the statements thereon to be verified and shall further signify that these statements qualify the animal for movement into New York State in accordance with the provisions of this Part.

(2) Such certificate shall identify each animal to be moved into this State. Individual identification shall include all eartags, earnotches, and tattoos carried by the animal, its breed, sex, age and its registration number, if any.

(3) Such certificate shall include the full name and address of both the consignor and consignee, the date of issue, the dates and results of qualifying tests, the anticipated date of entry of the animal into New York State, and a statement that the animal has been inspected by an accredited veterinarian and is not showing any signs of infectious, contagious, or communicable disease (except where noted) and the results of tests are as indicated.

(4) Such certificate shall be valid for the purposes of this Part up to and including the 30th day following the date of inspection of the animal.

(b) Swine.

Any member of the porcine species, feral or domestic, regardless of age, sex or breed.

(c) Breeding swine.

Swine of any age imported for breeding and reproduction.

(d) Feeder swine.

Any member of the porcine species less than 120 days of age that is offered for importation for the exclusive purpose of feeding for slaughter only.

(e) Immediate slaughter.

Slaughter within six days (144 hours) after the time of entry into this State.

(f) Pseudorabies monitored herd.

A swine breeding herd that has been sampled and tested negative by a USDA-approved serologic test during the last 12 months at the rate:

| | | | --- | --- | | 10 head | – Test all | | 11–35 head | – test 10 | | 36 or more | – test 30 percent or 30 whichever is less |

Tested breeding swine to be selected at random from all age groups, including herd boars, all groups to be proportionally represented.

(g) Pseudorabies qualified negative herd.

A pseudorabies qualified negative herd is attained by subjecting all swine six months of age or older to an official pseudorabies serologic test and finding all swine so tested negative. Herd status is maintained by testing 25 percent of swine over six months of age every 80-105 days or 10 percent of the swine every month and finding all swine so tested negative. No swine shall be tested twice in one year for the purpose of this qualification.

(h) This State.

Sate of New York.

(i) Waybill.

A legible document or certificate prepared by the owner or shipper and shall include:

(1) the date the waybill is prepared;

(2) the name and address of the owner or shipper;

(3) the point from which the animals are moved interstate;

(4) the name and address of the person or firm to whom consigned in New York State;

(5) the number, and type of all swine covered by the waybill;

(6) a statement that the animals are being brought into this State for immediate slaughter; and

(7) the written and complete signature of the owner/shipper;

A waybill shall be void eight days after the date of preparation thereof.

(j) Official brucellosis test.

An official brucellosis test shall be the standard tube test (STT) negative at 1:25 and all higher dilutions, a negative buffered brucella antigen test (card test) or other USDA-approved swine brucellosis test. The STT tests shall be conducted by a State-Federal-approved laboratory. The card test shall be conducted by a full-time State-Federal employee.

(k) Official pseudorabies test.

An official pseudorabies test shall be the serum neutralization test, the ELISA test or other USDA-approved swine brucellosis test. These tests shall be conducted by a State-Federal-approved laboratory.

1 CRR-NY 63.3 Certification of health of swine {#sec-1-crr-ny-63.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 63.3}

All swine imported or moved into this State for any purpose other than immediate slaughter shall be accompanied by an approved health certificate issued within 30 days prior to movement. Such certificate shall indicate the results and dates of all required tests and certifications as outlined in sections 63.4 and 63.5 of this Part. All swine to be imported shall be permanently identified by eartag, tattoo or other acceptable identification.

1 CRR-NY 63.4 Importation of breeding swine and swine for exhibition {#sec-1-crr-ny-63.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 63.4}

Breeding swine and swine for exhibition to be eligible for importation into New York State must meet the following requirements:

(a) Be accompanied by an approved health certificate and be individually identified.

(b) For brucellosis:

(1) originate from a brucellosis validated free state; or

(2) originate from a validated brucellosis free herd; or

(3) be individually tested negative for brucellosis using an USDA-approved test conducted wintin 30 days prior to movement.

(c) For pseudorabies:

(1) originate from a pseudorabies qualified negative herd; or

(2) originate and be shipped directly from a pseudorabies class IV or free state; or

(3) pass a negative official pseudorabies serologic test within 30 days prior to interstate shipment. Such swine shall be held separate and apart, under quarantine, from all other swine and be retested and found negative 30-60 days after import.

1 CRR-NY 63.5 Importation of feeder swine {#sec-1-crr-ny-63.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 63.5}

Feeder swine to be eligible for importation into New York State must meet the following requirements:

(a) Be accompanied by an approved health certificate and be individually identified.

(b) For pseudorabies:

(1) originate from a pseudorabies class IV or free state; or

(2) originate from a pseudorabies qualified negative herd; or

(3) originate from a pseudorabies monitored herd; or

(4) be individually tested and found negative for pseudorabies within 30 days prior to shipment.

Such swine shall be held separate and apart from all breeding swine. Proof of slaughter shall be provided by the owner upon request.

1 CRR-NY 63.6 Swine imported from Canada {#sec-1-crr-ny-63.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 63.6}

Swine imported from Canada must meet the following requirements:

(a) be accompanied by an approved health certificate and be individually identified; and

(b) until such time as Canada is recognized as pseudorabies free by the United States Department of Agriculture, be individually tested and found negative for psuedorabies within 30 days prior to shipment.

1 CRR-NY 63.7 Swine for immediate slaughter {#sec-1-crr-ny-63.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 63.7}

Swine for immediate slaughter must be accompanied by an approved health certificate or a waybill. Such swine shall not be diverted en route or unloaded except at the designated destination and shall be slaughtered within six days (144 hours) of entry into the State. Swine entering the State pursuant to this section shall be consigned only to an approved slaughtering establishment, or to a commission sale firm designated as specifically approved by the USDA to accept swine moved interstate.

1 CRR-NY 63.8 Compliance with Federal laws and regulations {#sec-1-crr-ny-63.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 63.8}

Notwithstanding the above requirements, shippers and consignors must comply with all applicable Federal laws and regulations, pertaining to the interstate movement of swine.

Part 64 MOVEMENT AND TRANSFER OF HORSES AND OTHER EQUIDAE

1 CRR-NY 64.1 General requirements {#sec-1-crr-ny-64.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.1}

(a) No horse or other equidae shall be imported into the State, unless:

(1) exempted by the provisions of section 64.5 or 64.9 of this Part; or

(2) accompanied by a certificate of veterinary inspection signed by a veterinarian licensed and accredited by the state or country in which a physical examination of the animal was made and, further provided, that no such animal shall enter the State until the original of said certificate has been placed in the mail for delivery first class to the chief veterinarian of the state or country where the examination was made; or

(3) if imported into New York for a purpose other than breeding or sale, it is accompanied by a valid Equine Interstate Passport or the equivalent issued under the authority of the state of origin and bearing the signature of the state veterinarian. chief animal health officer or the equivalent of the state of origin.

1 CRR-NY 64.2 Form of certificate, permit or equivalent {#sec-1-crr-ny-64.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.2}

(a) The information on the aforesaid certificate of veterinary inspection, Equine Interstate Passport or the equivalent shall include the name of the owner or trainer of the animal or animals. together with the complete address, date of examination, and name, breed or association registration number if any, breed, brand, tattoo if any, sex, age, coior and markings of each animal listed on the certificate. In addition, a certificate of veterinary inspection shall include the consignee or destination in New York with the address, number of animals examined, and the establishment or premises where the animals were examined.

(b) Said certificate of veterinary inspection, Equine Interstate Passport or the equivalent shall also include, or have attached thereto, a report of a USDA approved negative agar gel immunodiffusion test, ELISA test or other U.S.DA-approved test for equine infectious anemia which complies with the provisions of section 64.4 of this Part.

(c) The commissioner, when he or she deems it appropriate, such as in the case of an outbreak of an infectious or contagious disease, mayrequire that the certificate of veterinary inspection, Equine Interstate Passport or the equivalent, include additional certifications concerning the health status of the herd or state of origin.

1 CRR-NY 64.3 Time limitation of certificate {#sec-1-crr-ny-64.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.3}

(a) The aforesaid Equine Interstate Passport or the equivalent shall be valid for the purposes of this Part, for 6 months following the date of examination appearing on the permit or 12 months after the date of the negative equine infectious anemia test, whichever is earlier.

(b) The aforesaid certificate of veterinary inspection shall be valid for the purposes of this Part, until and including the 30th day following the date of examination appearing on the certificate.

1 CRR-NY 64.4 Test requirements for importation {#sec-1-crr-ny-64.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.4}

(a) No horse or other equidae six months or more of age, unless exempted by the provisions of section 64.5 or 64.9 of this Part, shall be imported or brought into the State unless the custodian of such animal has in his possession at the time of entry a report of a negative agar gel immunodiffusion test, a competitive ELISA test or other U.S.D.A. approved test for equine infectious anemia for such animal.

(b) Said test shall have been conducted during the 12-month period prior to entry into the State.

(c) Said test shall have been conducted by a laboratory approved for the purpose by the United States Department of Agriculture and by the New York State Department of Agriculture and Markets.

(d) Said test report shall include:

(1) a complete description of the animal, including name, registration number if any, breed, brand, tattoo if any, sex, age, color and markings;

(2) the name and address of the owner;

(3) the date the test was conducted; and

(4) the name and address of the laboratory that conducted the test.

(e) Said test report shall be signed by:

(1) a duly licensed veterinarian;

(2) the director of the laboratory where the test was conducted; or

(3) the chief livestock health official of the state or country of origin of such animal.

(f) Said test report shall be retained by the custodian of such animal for a period of 90 days after the date of importation, or until the animal changes ownership in accord with the provisions of section 64.8 of this Part, and during such period said report shall be made available for examination by the Commissioner of Agriculture and Markets or his authorized agent on request at all reasonable times.

1 CRR-NY 64.5 Importation for immediate slaughter {#sec-1-crr-ny-64.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.5}

The provisions of the foregoing sections of this Part notwithstanding, any horse or other equid may be imported for immediate slaughter, and only for such purpose, without a health certificate or negative test for equine infectious anemia, by making application to the Commissioner of Agriculture and Markets and by complying with the provisions set forth in an application agreement required by the commissioner prior to importation.

1 CRR-NY 64.6 Importation from certain areas {#sec-1-crr-ny-64.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.6}

(a) Any horse or other equid originating in a state or country in which the disease Venezuelan equine encephalomyelitis is known to exist, or which has been in a state or country adjoining or contiguous to a state or country in which the disease is known to exist, shall not be transported into the State of New York, or harbored, or kept in this State for any purpose, unless such animal has been vaccinated to prevent said disease at least 14 days prior to entry into this State.

(b) No horse or other equid shall be brought into New York State from the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont unless the custodian of such horse has in his or her possession at the time of entry a health certificate issued by a veterinarian attesting that:

(1) the horse has not been exposed to equine viral arteritis or that the horse has been vaccinated against equine viral arteritis; and

(2) has not been exposed either directly or indirectly to equine infectious diseases in the foregoing states.

1 CRR-NY 64.7 Test requirements for transport {#sec-1-crr-ny-64.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.7}

(a) No horse or other equidae six months or more of age, unless exempted by the provisions of section 64.5 or 64.9 of this Part, shall be transported on any public highway within the State unless the custodian of such animal has in his possession during the period of such movement a report of a negative agar gel immunodiffusion test, a competitive ELISA test or other U.S.D.A. approved test for equine infectious anemia for such animal.

(b) Said test shall have been conducted during the calendar year in which the movement takes place or in the preceding calendar year.

(c) Said test shall have been conducted by a laboratory approved for the purpose by the United States Department of Agriculture and by the New York State Department of Agriculture and Markets.

(d) Said test report shall include:

(1) a complete description of the animal, including name, registration number if any, breed, brand, tattoo if any, sex, age, color and markings;

(2) the name and address of the owner;

(3) the date the test was conducted; and

(4) the name and address of the laboratory that conducted the test.

(e) Said test report shall be signed by:

(1) a duly licensed veterinarian;

(2) the director of the laboratory where the test was conducted; or

(3) the chief livestock health official of the state or country of origin of such animal.

1 CRR-NY 64.8 Test requirements for sale or other change of ownership {#sec-1-crr-ny-64.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.8}

(a) No horse or other equidae six months or more of age, unless exempted by the provisions of section 64.5 or 64.9 of this Part, shall be sold, exchanged, bartered or given away, unless such animal has been subjected to an agar gel immunodiffusion test, a competitive ELISA test or other U.S.D.A. approved test for equine infectious anemia and reacted negatively within 12 months prior to such transfer of ownership.

(b) Said test shall have been conducted by a laboratory approved for the purpose by the United States Department of Agriculture and by the New York State Department of Agriculture and Markets.

(c) At the time of such transfer of ownership, the transferor shall deliver, personally or by certified mail, to the transferee a copy of the report of such negative test, which shall include:

(1) a complete description of the animal, including name, registration number if any, breed, brand, tattoo if any, sex, age, color and markings;

(2) the name and address of the owner;

(3) the date the test was conducted; and

(4) the name and address of the laboratory that conducted the test.

(d) Said test report shall be signed by:

(1) a duly licensed veterinarian;

(2) the director of the laboratory where the test was conducted; or

(3) the chief livestock health official of the state or country of origin of such animal.

1 CRR-NY 64.9 Other authorized movement or transfer {#sec-1-crr-ny-64.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.9}

(a) The provisions of sections 64.1, 64.4, 64.7 and 64.8 of this Part shall not apply to any horse or other equidae which is imported, sold, exchanged, bartered, given away or transported for purposes of immediate slaughter if an owner/shipper statement accompanies the horse from the premise of origin to the livestock market. Such statement shall include the name of the consignor, the name of the market, individual identification of the horses present and the number of horses in the shipment. Upon arrival at the livestock market, such horses will be identified with a green equine waybill backtag applied to the left hip which will serve as a permit for their movement to slaughter within 14 days of the date of purchase. Buyers wishing to purchase animals identified with the equine waybill backtag may do so at their own risk provided that an equine infectious anemia test sample is drawn by a veterinarian prior to movement from the market and the equine waybill backtag remains affixed to the animal until the negative results are received.

(b) The provisions of section 64.8 of this Part shall not apply to any horse claimed in any claiming race conducted by any racetrack licensed by the New York State Racing and Wagering Board, and such horse need not be retested for equine infectious anemia provided such horse and all other horses admitted to said track have been tested and found negative for the disease within one year prior to the date of the claim.

(c) The commissioner hereby finds that the exemptions set forth in this section are consistent with the control and eradication of equine infectious anemia.

1 CRR-NY 64.10 Transportation of horses {#sec-1-crr-ny-64.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.10}

(a) Definitions.

For the purpose of this section, the following terms shall have the following meanings:

(1) Horse means the entire family of equidae.

(2) Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

(b) Every vehicle utilized for the transportation of more than six horses shall meet the following specifications:

(1) Doorways used by horses shall be wide enough to allow each horse to enter and exit without touching the sides of the doorway. The top of each doorway shall be at least 12 inches above the withers of the largest horse, while that horse is in a natural standing position, transported in the vehicle.

(2) All structures above each horse shall be at least 12 inches above the withers of that horse while it is in a natural standing position.

(3) There shall be sufficient space for each horse carried in the vehicle to allow each horse to be transported in a humane manner and without the infliction of pain, suffering, injury or death.

(4) The top of all partitions shall be at least five feet from the floor. If there is a space between the floor and the bottom of the partition, it shall be 12 inches. If slatted partitions are used, there shall be gaps of no more than two inches between the slats.

(5) Every vehicle shall be in compliance with all of the applicable laws of this State and the United States and the rules and regulations promulgated thereunder.

(c) Every police officer, and every peace officer who acts pursuant to his special duties, shall have full access to any vehicle for the purpose of determining whether that vehicle is in compliance with this section and section 350-a of the Agriculture and Markets Law.

1 CRR-NY 64.11 Importation of thoroughbred stallions for breeding; test for equine viral arteritis required {#sec-1-crr-ny-64.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.11}

No thoroughbred stallion shall be imported into the State for breeding purposes unless found serologically negative to an equine viral arteritis blood test within 30 days prior to importation or serologically negative prior to vaccination against equine viral arteritis and subsequently proven not a shedder of the disease. The results of such tests shall be duly recorded on the interstate health certificate for that horse.

1 CRR-NY 64.12 New York Equine Interstate Passport {#sec-1-crr-ny-64.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 64.12}

(a) A New York Equine Interstate Passport will be issued to certify the existence of an official negative EIA test within the previous 12 months and a valid New York Equine Certificate of Veterinary Inspection (Equine) within the previous 6 months, for a specifically identified New York origin horse provided that:

(1) the purpose of the Equine Interstate Passport is solely to allow routine interstate movement, between New York and the other states that have mutually agreed to recognize such Equine Interstate Passport or the equivalent, for the purpose of participation in certain equine events for which the passport or the equivalent has been approved by the state of destination;

(2) the application for the New York Equine Interstate Passport shall include:

(i) an electronic copy of digital photographs including full views of both sides and a front view of the head of the horse; and

(ii) a New York State Origin Certificate of Veterinary Inspection that includes the following:

(a) the horse owner's name, complete address and telephone number;

(b) the date of qualifying veterinary examination, name. address and federally assigned premises number of the premiseswhere the veterinary examination occurred;

(c) the name, accreditation number, and signature of the veterinarian doing the qualifying examination;

(d) a complete description of the horse including name, breed, color, age. sex and, if present, microchip, tattoo, brand or other manmade identification numbers; and

(e) for the qualifying EIA test, the date of the test, test results, laboratory name and accession number;

(3) the New York Equine Interstate Passport shall be valid for 6 months following the date of examination appearing on the permit or 12 months after the date of the negative equine infectious anemia test, whichever is earlier;

(4) the owner or owner's agent must maintain a log of all interstate movements of the horse during the duration of the Equine Interstate Passport, including the name and complete address of the premises, and the arrival and departure dates. This interstate log shall be available for examination by any agent of the New York State Department of Agriculture and Markets or the United States Department of Agriculture. This interstate log shall be sent to the New York State Department of Agriculture and Markets within 30 days of the expiration of the Equine Interstate Passport;

(5) in the event there is a change in the ownership of a horse or other equidae for which a New York Equine Interstate Passport has been issued, the passport shall no longer be valid and the previous owner in whose name the passport was issued shall, within 48 hours, notify the department of such change in ownership and send the passport, together with the interstate log, to the department;

(6) failure to submit required information, falsification of required information or the failure to produce the interstate log when requested will result in the cancellation of the Equine Interstate Passport;

(7) the commissioner or his or her authorized agent may decline to issue an Equine Interstate Passport for an ownerI owner's agent, or horse which has been the subject of the cancellation of an Equine Interstate Passport, or the equivalent;

(8) an Equine Interstate Passport or the equivalent does not supersede or replace State or local laws or regulations governing specific equine events;

(9) information regarding applying for an Equine Passport may be obtained from the Division of Animal Industry, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235-0001.

Part 65 IMPORTATION OF DOGS AND CATS

1 CRR-NY 65.1 Definitions {#sec-1-crr-ny-65.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 65.1}

For the purposes of this Part, the following definitions apply:

(a) Cat means any member of the species Felis catus, regardless of age, sex or breed.

(b) Dog means any member of the species Canis familiaris, regardless of age, sex or breed.

(c) Health certificate means a certificate issued and signed by a veterinarian, legally qualified to practice in the state or country of origin.

1 CRR-NY 65.2 Importation prohibited without health certificate {#sec-1-crr-ny-65.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 65.2}

(a) No person shall bring or ship or cause to be brought or shipped into the State of New York any nonresident dog or cat without providing a health certificate. The health certificate may accompany the dog or cat or may be placed in the mail for delivery to the consignee prior to entry of the dog or cat into the State of New York.

(b) A common carrier accepting dogs or cats for delivery to a destination in the State of New York shall not be held responsible for violation of subdivision (a) of this section.

(c) A copy of the health certificate addressed to the Director, Division of Animal Industry, New York State Department of Agriculture and Markets, Albany, NY 12235-0001 shall be placed in the mails prior to entry of the dog or cat into the State of New York.

1 CRR-NY 65.3 Form of health certificate {#sec-1-crr-ny-65.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 65.3}

(a) The health certificate shall list the date of examination, the breed, sex and age of the dog or cat, the state or country of origin and the full name and complete post-office address of the consignee and consignor.

(b) The health certificate shall state that the examination revealed no clinical evidence of infectious or communicable disease, including external parasites and fungi, and that to the best of the veterinarian's knowledge, the dog or cat has not recently been exposed to such infectious or communicable disease.

(c) The health certificate shall state that the dog or cat has been properly immunized against rabies by a vaccine approved by the United States Department of Agriculture within 12 months prior to the date of importation into the State of New York. The immunization requirement shall not apply if the dog or cat is under the age of three months or if a veterinarian certifies in writing that because of old age or other reason, the life of the dog or cat would be endangered by the administration of the rabies vaccine.

1 CRR-NY 65.4 Time limitation of health certificate {#sec-1-crr-ny-65.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 65.4}

The health certificate shall show that the dog or cat was examined by a veterinarian within 30 days of entry of the dog or cat into the State of New York.

1 CRR-NY 65.5 Dogs or cats exempt from the health certificate requirement {#sec-1-crr-ny-65.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 65.5}

Dogs or cats passing through the State of New York to points beyond, dogs or cats which are brought into the State of New York for temporary residence for purposes of exhibition, and dogs or cats which enter the State of New York for delivery to research institutions, dealers or other persons registered or licensed and regulated by the United States Department of Agriculture pursuant to the provisions of U.S. Public Law 89-544, as amended, are exempt from the provisions of this Part, provided that such dogs or cats are at all times properly restrained and under the immediate control of the owner or custodian; that such dogs or cats are accompanied with proof of proper immunization against rabies; and that those dogs or cats entering the State of New York pursuant to U.S. Public Law 89-544, as amended, remain subject to its provisions.

Part 66 LIVE ANIMAL PRIZES

1 CRR-NY 66.1 Documentation {#sec-1-crr-ny-66.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 66.1}

Any person giving or offering to give away any live animal other than purebred livestock or fish as a prize, in any game, drawing, contest, sweepstakes or other promotion, shall have in his possession a notarized statement executed by an authorized official of a cooperative extension education program or agricultural vocational program sanctioned by the State Education Department setting forth the following:

(a) the name, address, telephone number and official title of the person executing the affidavit;

(b) the name, address and telephone number of the cooperative extension education program or agricultural vocational program by whom the official is employed;

(c) a statement that said official is authorized to execute said document on behalf of said program;

(d) the name, address and telephone number of the person authorized to give or offer to give away a live animal in conjunction with said program;

(e) a statement that the person so authorized is operating in conjunction with said cooperative extension education or agricultural vocational program;

(f) a description of each animal to be given away, including the species, breed, sex, age and physical description;

(g) the time, date and location where said game, drawing, contest or sweepstakes is to be held; and

(h) a description of the rules of the game, drawing, contest or sweepstakes through which the animal is to be given away, including a description of those persons eligible to participate in said game, drawing, contest, sweepstakes or other promotion.

Said statement shall be made available for inspection by any person immediately upon demand. Any failure to provide such a statement for inspection immediately upon demand, by any person giving or offering to give away any live animal other than purebred livestock or fish as a prize in any game, drawing, contest, sweepstakes or other promotion, shall give rise to a presumption that said person has violated section 358-a of the Agriculture and Markets Law.

Part 67 VESICULAR STOMATITIS

1 CRR-NY 67.1 Importation prohibited {#sec-1-crr-ny-67.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 67.1}

No person shall transport or bring into this State any equine, bovine, porcine, caprine, ovine, cervidae or llama from a point of origin located within 10 miles of any place in which the disease vesicular stomatitis has been found to exist during the 30-day period prior to the entry of said animal into this State.

1 CRR-NY 67.2 Certificate required {#sec-1-crr-ny-67.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 67.2}

No person shall transport or bring into this State any equine, bovine, porcine, caprine, ovine, cervidae or llama originating in a state in which the disease vesicular stomatitis has been found to exist during the previous 30 days unless said animal has been examined and found to be free from vesicular stomatitis and is accompanied by a Certificate of Veterinary Inspection, a copy of which has been mailed to the department, bearing the following statement attested to by the accredited veterinarian issuing said certificate:

"All animals identified on this health certificate have been examined and found to be free from vesicular stomatitis and, to the best of my knowledge and belief, during the past 30 days these animals have not been exposed to said disease, nor held at a location within ten miles of any place in which said disease has been found to exist."

Part 68 CAPTIVE CERVID HEALTH REQUIREMENTS

1 CRR-NY 68.1 Definitions {#sec-1-crr-ny-68.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 68.1}

For the purposes of this Part:

(a) CWD susceptible cervid means any captive cervid of the genera Alces, Odocoileus or Cervus or any hybrid of such genera.

(b) CWD exposed cervid means a cervid that is, or has been part of a CWD positive herd within five years.

(c) CWD positive cervid means a cervid that has had a diagnosis of CWD confirmed by means of an official CWD test conducted by a laboratory certified by USDA/APHIS.

(d) CWD negative cervid means a cervid that has had an official CWD test conducted by a laboratory certified by USDA/APHIS that resulted in a "not detected" or negative classification.

(e) CWD suspect cervid means a cervid for which inconclusive laboratory evidence suggests a diagnosis of CWD.

(f) CWD infected zone means:

(1) any state which has had a diagnosed case of CWD in captive or wild cervids within the past 60 months;

(2) any part of a state which is within 50 miles of a site in another state where CWD has been diagnosed in captive or wild cervids within the past 60 months; or

(3) any area designated by the commissioner as having a high risk of CWD contamination.

(g) Captive cervids means cervids that are privately or publicly maintained or held for economic or other purposes within a confined space by a perimeter fence, facility or other barrier. Wild white-tailed deer held in captivity under license or permit issued by the New York State Department of Environmental Conservation pursuant to Environmental Conservation Law section 11-0515 (licenses to collect, possess or sell for scientific or exhibition purposes) are not considered captive cervids for the purposes of this Part.

(h) Cervid means any member of the cervidae family.

(i) Chronic wasting disease ("CWD") means a transmissible spongiform encephalopathy (TSE) of cervids.

(j) Commingling means cervids that have direct contact with each other or have less than 30 feet of physical separation or that share management equipment, pasture, or water sources. Cervids are considered to have commingled if they have had such contact within the last five years.

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

(l) Herd means one or more cervids that are under common ownership or supervision and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.

(m) CWD herd plan means a written herd management agreement developed by the herd owner, State and Federal veterinarians, and others, and that has been approved by the respective Federal, State and Tribal officials. A herd plan sets out the steps to be taken to eradicate CWD in a CWD positive, exposed, or suspect herd.

(n) CWD positive herd means a herd in which a CWD positive cervid resided at the time it was diagnosed and which has not been depopulated and released from quarantine.

(o) CWD suspect herd means a herd in which one or more CWD suspect cervids are present.

(p) Special purpose herd means a captive herd managed and maintained in such a manner that no live cervid is removed, or allowed to be removed, from the designated premises except for immediate slaughter at an approved CWD slaughter facility.

(q) CWD exposed herd means a herd in which an epidemiological link between the herd and another positive or exposed herd or animal is established to have occurred within the previous five years.

(r) Official identification means a unique form of individual animal identification approved by USDA/APHIS and the department. Cervids in a herd under the Herd Certification Plan must have at least one eartag as one of two means of animal identification.

(s) CWD monitored herd means a program of surveillance, monitoring, testing and related actions designed to identify CWD infection in special purpose CWD susceptible cervid herds.

(t) Owner means an individual, partnership, company, corporation or other legal entity that has legal title to an animal or herd of animals.

(u) Premises means the ground, area, buildings, water sources and equipment commonly shared by a herd of animals.

(v) CWD premises plan means the section of a herd plan which outlines the actions to be taken with regard to possible environmental contamination due to a CWD positive or exposed herd.

(w) Quarantine means an order issued by a State or Federal official prohibiting the movement of animals to and from a designated premises.

(x) State animal health official means the official of a state or country responsible for livestock and poultry disease control and eradication programs.

(y) Official test means a CWD test approved by USDA/APHIS which is performed at a USDA approved laboratory.

(z) USDA/APHIS means the United States Department of Agriculture Animal and Plant Health Inspection Service.

(aa) Certificate of Veterinary Inspection (CVI) means a document which:

(1) Is issued by a veterinarian accredited by USDA/APHIS or a similar agency in the country of origin and is approved and counter-signed by the chief livestock health official of the state or country of origin.

(2) The CVI shall include:

(i) a movement permit number issued by the department;

(ii) the full name and address including a Federal premises number of both the consignor and consignee, the destination of each animal, the date of veterinary inspection, and the anticipated date of entry into New York;

(iii) the Chronic Wasting Disease and Tuberculosis status of each herd that the animal(s) resided in;

(iv) the identification of each animal including the species, breed, age, sex, all eartags, tattoos, brands, radio frequency identifiers, and registration number, if any;

(v) all test results required for movement by all State and Federal agencies;

(vi) a statement that the animal(s) have been inspected by the veterinarian issuing the CVI and the animals is(are) not showing signs of infectious, contagious, or communicable disease except as noted.

(3) The CVI is valid for movement up to and including the 30th day following the date of inspection.

(ab) Immediate slaughter means slaughter within 10 days (240 hours) at a State or federally inspected facility which will retain and make available to USDA/APHIS or department personnel records of all identification from the animal(s) and samples as required by the USDA/APHIS or the department to test for Chronic Wasting Disease and Tuberculosis.

(ac) Movement permit means a document issued by the department which shall identify the source and destination of the shipment, the number of animals involved and the required individual identification of each cervid in the shipment, and shall accompany the cervids imported or moved into or within the State.

(ad) New herd means a herd of cervids formed after the effective date of this subdivision; or a herd of cervids, the ownership of which has changed after the effective date of this subdivision, including but not limited to a herd that is owned by a corporation or limited liability company that has had a change in the person or people in a position of power or control after the effective date of this subdivision; or a herd of cervids that has changed its program category such as from a CWD certified herd to a CWD monitored herd after the effective date of this subdivision.

(ae) Veterinarian means a veterinarian duly approved by the administrator of USDA APHIS accredited to perform functions of Federal and cooperative State-Federal programs on food and fiber animal species; all other livestock species; and zoo animals that can transmit exotic animal diseases to livestock.

(af) Veterinary client patient relationship means an association, whether or not contractual in nature, between a veterinarian and the owner of a herd of cervids in which the veterinarian:

(1) has knowledge of the cervids to the extent that the veterinarian is capable of a general diagnosis of the health of each cervid; and

(2) is readily available to perform diagnostic testing of the herd to detect the presence of disease, including but not limited to brucellosis, CWD, and tuberculosis; and

(3) is readily available to treat a cervid, in the event that the cervid requires medical attention, care, or therapy.

(ag) Inspection report means a document, prepared by a department employee, or by a person duly designated by the Commissioner of Agriculture and Markets, and headed cervidae operation report, that sets forth that employee’s findings regarding the conditions existing in a captive cervid population.

1 CRR-NY 68.2 General health requirements for captive cervids {#sec-1-crr-ny-68.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 68.2}

(a) Applicability.

The requirements of this Part apply to all captive cervid operations.

(b) Mandatory reporting.

Any person having knowledge of a suspected or confirmed case of chronic wasting disease or tuberculosis in captive cervids shall report the event to the department within 24 hours.

(c) Movement of captive cervids.

No person shall import, move or hold captive cervids into or within New York State except in compliance with the requirements of this Part. A valid certificate of veterinary inspection shall accompany all cervids imported into New York State, with the exception of those moving directly to slaughter. In addition, no person shall import or move captive cervids into the State or within the State for any purpose, including slaughter unless a movement permit authorizing such movement has been obtained from the department prior to such movement. An application for a movement permit may be obtained by calling the department during normal business hours and, when submitted for a herd located within the State, must be accompanied by the most recent inspection report. In the event that an applicant for a movement permit is required to but does not possess the most recent inspection report, the department will replace the inspection report upon payment of an amount commensurate with the department’s cost in doing so. Except for cervids moving directly to slaughter, movement permits shall be issued only for captive cervids that meet the New York State animal health requirements for captive cervids of this Part. All cervids to be moved, other than cervids moving directly to slaughter, must have approved, unique and tamper evident identification prior to movement. The removal or alteration of any official form of animal identification without the prior permission of the department is prohibited.

(d) Enforcement.

Violations of the provisions of this Part are subject to the enforcement actions authorized by the Agriculture and Markets Law, including, but not limited to, monetary penalties and injunctive action.

(e) Facilities.

All captive cervid operations and all cervid slaughter facilities shall provide appropriate refrigeration and storage facilities to contain and preserve CWD and tuberculosis samples obtained from harvested slaughtered and deceased cervids for at least 72 hours following slaughter notification, as required by the CWD Certified or Monitored Herd Program and the Tuberculosis Surveillance Program. All captive cervid perations, with the exception of special purpose herds, shall have proper restraining facilities, chutes, gates and corrals to capture and restrain the cervids for diagnostic testing and inventory purposes. Capture and restraint of captive cervids shall be the responsibility of the owner.

(f) Fencing.

All captive cervid operations shall establish a continuous barrier fence designed and constructed to prevent the escape of captive cervids and the entry of free ranging cervids. The perimeter fence shall be constructed of industry standard materials and a size suitable for this purpose.

(g) Herd integrity.

Separate herd inventories, biosecurity, records, working facilities, watering facilities, equipment and land use shall be maintained for each distinct herd for which an individual CWD or tuberculosis status is sought, irrespective of ownership. No commingling of animals shall occur between distinct herds with individual disease status unless program movement requirements for herd status are met. Movement of animals between such herds shall be recorded as if they were separately owned herds.

(h) Sample collection.

Individuals who have passed State or USDA approved sample collection training may collect and submit samples to support tuberculosis and CWD program requirements.

(i) Premises location.

All captive cervid locations shall be identified by a Federal premises identification number issued by the department and USDA/APHIS. The owner of the cervids must provide an adequate geographic location description and contact information to receive a Federal premises identification number.

(j) Mandatory Relationships.

An owner of a new herd shall enter into and have a veterinary client patient relationship (VCPR) with a veterinarian immediately upon the creation of the new herd. The owner of an existing herd shall enter into and have a VCPR with a veterinarian, not later than January 1, 2026. Notwithstanding the forgoing, an owner who has not complied with the requirement set forth herein shall have 90 days from the date that compliance is required to enter into a VCPR.

1 CRR-NY 68.3 Special provisions for captive cervids susceptible to chronic wasting disease {#sec-1-crr-ny-68.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 68.3}

(a) The requirements of this section apply to all captive CWD susceptible cervid operations harboring any CWD susceptible captive cervids.

(b) All movements of CWD susceptible cervids into New York State are prohibited until August 1, 2028, except movements to a zoo accredited by the Association of Zoos and Aquariums, 8403 Colesville Road, Suite 710, Silver Spring, MD 20910-3314. No such movements shall be made unless approved prior to the movement by the commissioner or their designee.

(c) Prohibition.

No person shall hold CWD susceptible cervids in captivity in New York unless they are enrolled in the CWD Certified Herd Program, or the CWD Monitored Herd Program.

(d) Fencing.

The perimeter fence for all herds that contain one or more CWD susceptible cervids shall comply with the standards set forth in section 68.2(f) of this Part. In addition, such fence shall present a continuous barrier at least eight feet high. Breaks in fencing shall be identified within 48 hours of occurrence and repaired immediately. In those areas of the State which have been designated as a CWD containment area by the New York State Department of Environmental Conservation, either a solid barrier or a second fence must be constructed which will prevent any contact between wild white-tailed deer and captive CWD susceptible species.

(e) Premises inspection required.

All captive cervid facilities and perimeter fencing shall be inspected and approved by a State or Federal regulatory representative. The initial inspection shall be conducted prior to the addition of any cervids. Cervids may not be added to the premises prior to inspection and approval. For herds which are being enrolled in the CWD Herd Certification Program, physical restraint equipment adequate for the number of cervids to be held in the enclosure shall be in place before the herd is enrolled in the program. Facilities and fencing shall be subject to inspection by State and Federal regulatory officials periodically thereafter in order to maintain program participant status.

(f) Recordkeeping.

Accurate records documenting purchases, sales, interstate shipments, intrastate shipments, escaped cervids and deaths (including harvested cervids) shall be established and maintained for at least 72 months for all captive CWD susceptible cervid operations. Documentation shall be made available to State or Federal regulatory officials during normal business hours. Information provided in the records shall include individual animal identification, carcass/sample identification tag, sex, species and age. In addition, the owners of all CWD susceptible cervid herds enrolled in the CWD Certified Herd Program, shall establish and maintain accurate records that document the results of the annual herd inventory. Inventory records must be reconciled with previous inventory. All lost individual identification must be noted and replaced by a unique official identification. Such replacement shall be noted in the record. These records shall be maintained for six years.

(g) No person shall serve, sell, expose for sale, give away or donate the carcass, or any part thereof, including the head, of any CWD susceptible cervid that has been sampled for testing for CWD unless and until it has been determined that the test is "not detected" or negative for CWD.

1 CRR-NY 68.4 CWD Certified Herd Program {#sec-1-crr-ny-68.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 68.4}

(a) For purposes of enforcement of article 5 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation in sections 55.21 through 55.25 in subpart b of part b of title 9 of the Code of Federal Regulations (revised January 1, 2013; U.S. Government Printing Office, Washington, DC 20402) at pages 197 through 202 entitled Chronic Wasting Disease Herd Certification Program.

(b) Copies of this regulation, as published in the Code of Federal Regulations are maintained in a file at the Department of Agriculture and Markets, Division of Animal Industry, 10B Airline Drive, Albany, NY 12235, and are available for public inspection and copying during regular business hours.

1 CRR-NY 68.5 CWD Monitored Herd Program {#sec-1-crr-ny-68.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 68.5}

(a) CWD monitored herd.

All special purpose herds consisting of one or more CWD susceptible cervids shall participate in the CWD Monitored Herd Program if they are not participating in the CWD Certified Herd Program. No live cervid sales or movements may be made from CWD monitored herds except as provided in this section. Live cervids may not be removed from the premises of a CWD monitored herd except for animals being shipped with a movement permit.

(b) CWD monitored herd requirements.

Herds enrolled in the CWD Monitored Herd Program shall meet the following requirements:

(1) sampling and testing:

(i) submit for test appropriate CWD samples from all natural deaths of CWD susceptible cervids over 12 months of age;

(ii) submit for test all appropriate CWD diagnostic samples from all clinical CWD suspect cervids; and

(iii) submit for test appropriate CWD samples from slaughter and/or harvested cervids so that the total number of cervids sampled on an annual basis (January 1st to December 31st) represents 10 percent or 30, whichever is less, of the total number of susceptible cervids over 12 months within the herd as of March 31st. In no case shall the combined number of cervids sampled on an annual basis represent less than 10 percent (rounded down to the next whole number) or 30, whichever is less, of the estimated susceptible test eligible herd population. Notwithstanding this Part, all natural deaths must be submitted for CWD diagnosis.

(c) Additions to CWD monitored herds.

(1) Movement of CWD susceptible cervids is prohibited from any herd located within a CWD infected zone.

(2) Additions to CWD monitored herds shall be permitted only if they originate from herds that have achieved CWD certified herd status or as provided in subdivision (f) of this section.

(d) Animal identification.

(1) Each herd addition, other than natural additions, shall have a minimum of two official/approved unique identifiers affixed to the animal. At least one of these identification systems shall include visible identification.

(2) Carcass and sample identification tags, provided by the State of New York, shall be affixed to all unidentified harvested captive cervids, natural deaths, and clinical suspects. Tag numbers shall be entered into the CWD monitored herd record along with the corresponding information that identifies the disposition of the carcass.

(e) Permitted movement to an approved CWD cervid slaughter facility.

(1) Notwithstanding the provisions of this section, live cervid sales or movements may be made from CWD monitored herds if they are moved directly to an approved CWD susceptible cervid slaughter facility under the following conditions:

(i) a permit is obtained from the department prior to movement;

(ii) all animals moved are individually identified with an approved identification tag; and

(iii) animals are slaughtered within six days of the time the animals leave the premises of the CWD monitored herd.

(f) Permitted removal of all susceptible species from a CWD monitored herd.

Notwithstanding the provisions of this section, live cervid sales or movements may be made from CWD monitored herds if the owner has signed a herd dispersal agreement containing the following conditions:

(1) the owner agrees to remove all susceptible species from the property;

(2) a number of cervids as determined by the commissioner shall be tested prior to the removal of live animals;

(3) a permit is obtained from the department prior to any movement;

(4) all animals moved are individually identified with an approved identification tag;

(5) the receiving premises must be in a Monitored Herd Program and the owner must agree to provide samples from the cervids within a timeframe as prescribed by the commissioner; and

(6) the commissioner may add any other conditions to the herd dispersal agreement as required to control CWD.

1 CRR-NY 68.6 Approved CWD susceptible cervid slaughter facility {#sec-1-crr-ny-68.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 68.6}

An approved CWD susceptible cervid slaughter facility shall comply with the following requirements:

(a) holding pens shall be constructed to prevent contact with captive or free-ranging cervid populations;

(b) sample retention and holding facilities shall be adequate to preserve and store appropriate tuberculosis and CWD diagnostic tissues for 72 hours post slaughter;

(c) a CWD susceptible cervid offal disposal plan must be developed, approved by the department in consultation with the Department of Environmental Conservation, and implemented; and

(d) the facility must be inspected and approved annually by the department.

1 CRR-NY 68.7 Management of CWD positive, exposed or suspect herds {#sec-1-crr-ny-68.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 68.7}

(a) Premises quarantine.

If a CWD positive, exposed or suspect susceptible cervid is identified in a herd, it shall be subject to immediate quarantine by a department or USDA/APHIS official. Epidemiologic investigations shall be initiated to determine possible sources and potential contacts. All contact premises shall be evaluated for CWD status. All herds epidemiologically linked to the positive herd shall be subject to quarantine and management as CWD exposed herds.

(b) Establishment of a CWD herd plan.

CWD herd plans shall be developed for any CWD positive, exposed or suspect herd. Such plans shall be developed by department and USDA/APHIS officials in conjunction with the herd owner and shall be subject to final approval by the department. Such plans shall contain the following procedures for positive or trace herds, which shall be implemented within 60 days of diagnosis of CWD.

(1) CWD positive herds. Captive cervid herds in which one or more of the cervids are classified as CWD positive shall be subject to:

(i) depopulation of the whole herd; and

(ii) development of a CWD herd plan for each CWD positive herd diagnosed. Such plan shall include a CWD premises plan addressing possible environmental contamination and other long-term considerations. A CWD premises plan shall include provisions for:

(a) cleaning and disinfection;

(b) future land use restrictions;

(c) restocking constraints and timeframes; and

(d) fencing requirements to prevent contact with wildlife.

(2) CWD exposed or suspect herds. A department or USDA/APHIS epidemiologist shall conduct a risk analysis of all CWD exposed or suspect herds. High risk herds shall be subject to depopulation. Lower risk herds shall be subject to quarantine under the following conditions:

(i) Official herd quarantine. CWD exposed or suspect herds in which the risk is undeveloped or undefined shall remain under quarantine for 60 months. No off-premises sales or movement shall occur for the duration of the quarantine period. Discovery of any CWD infected cervid during the quarantine period shall result in conversion to CWD infected herd status.

(ii) Elimination of high-risk cervids within the herd. Herds that have received herd additions from source herds subsequently found to be CWD infected shall have their CWD herd certification status suspended. The suspect herd additions shall be euthanized and appropriate samples shall be submitted for CWD testing. If there is no evidence of CWD following official testing, the herd status shall be restored. If the cervid is CWD positive, the herd shall be classified as a CWD positive herd and managed in accordance with this Part.

(iii) Special fencing requirements. Perimeter fencing adequate to prevent fence line contact with captive and free-ranging cervids shall be established for all CWD positive herds and positive premises. Fencing requirements and biosecurity provisions shall be specified in the herd and premises plan.

(3) Disposal. The carcasses of CWD positive cervids that are depopulated shall be disposed of in accordance with disposal plans approved by the department and USDA/APHIS. Such plans shall be developed to prevent contamination of the environment and exposure of live cervids.

1 CRR-NY 68.8 [Repealed] {#sec-1-crr-ny-68.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 68.8}

Part 69 ANIMAL RESPONSE TEAMS

1 CRR-NY 69.1 Definitions {#sec-1-crr-ny-69.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 69.1}

For the purposes of this Part:

(a) Animal response team means a group of qualified volunteers, organized and deployed by the State or a county, to address emergencies and disasters affecting animals.

(b) CART means any county animal response team.

(c) Commissioner means the Commissioner of Agriculture and Markets.

(d) E-SART means the Empire State Animal Response Team of the State of New York, which is an association of recognized CARTS across the State.

(e) FEMA means the Federal Emergency Management Agency.

(f) ICS means the Incident Command System of FEMA.

(g) NIMS means the National Incident Management System of FEMA.

(h) State means the State of New York.

(i) Qualified volunteer means a person who does not receive compensation for his or her services, who is an active member of an animal response team and has either been activated by directive of the commissioner or is acting in an official capacity of the animal response team pursuant to guidelines from the commissioner.

1 CRR-NY 69.2 Training of volunteers of animal response teams {#sec-1-crr-ny-69.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 69.2}

(a) In order to become a qualified volunteer, a person shall successfully complete the base-level training requirements established by E-SART and which may be amended by E-SART from time to time.

(b) The base-level training requirements include successful completion of on-line courses approved by E-SART. The courses shall include instruction in the following areas:

(1) E-SART orientation;

(2) introduction to the Incident Command System (ICS);

(3) responding to incidents;

(4) introduction to the National Incident Management System (NIMS); and

(5) hazardous material (hazmat) awareness.

1 CRR-NY 69.3 Appointment of volunteers to animal response teams {#sec-1-crr-ny-69.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 69.3}

(a) Any person who successfully completes the on-line training requirements set forth in section 69.2 of this Part, as evidenced by certificates of completion from the course providers, and signs the E-SART Code of Conduct shall be deemed a qualified volunteer within the meaning of section 69.1 of this Part.

(b) The names, addresses and telephone numbers of all qualified volunteers who wish to serve on a CART shall be entered into the ServeNY database system, which is managed by the New York State Department of Health.

(c) Any qualified volunteer serving on a CART does so at the pleasure of the commissioner, his or her designee and the emergency manager of the county in which the qualified volunteer resides.

1 CRR-NY 69.4 Formation and activation of animal response teams {#sec-1-crr-ny-69.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 69.4}

(a) In the event of an emergency or disaster affecting animals in the State, the emergency manager of the county in which the emergency or disaster has occurred or is occurring may activate qualified volunteers in his or her county from the ServeNY database.

(b) The emergency manager activating qualified volunteers shall do so by using the ServeNY database and shall generate a written log, advising the commissioner of the identities of the volunteers activated.

(c) When the qualified volunteers are no longer needed, the emergency manager shall demobilize the volunteers through the ServeNY database, and shall notify the commissioner, in writing, of the identities of the volunteers deactivated.

(d) Qualified volunteers appointed to an animal response team shall be deemed volunteer State employees for purposes of section 17 of the Public Officers Law and section 3 of the Workers' Compensation Law.

Subchapter C DOG CONTROL

Part 77 STANDARDS FOR THE CARE OF SEIZED DOGS

1 CRR-NY 77.1 Definitions {#sec-1-crr-ny-77.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 77.1}

For the purpose of this Part, the following terms shall have the following meanings:

(a) Properly sheltered means the provision of shelter suitable to the breed and age of the dog. Said shelter shall be structurally sound, clean, and sufficient to protect the dog from detriment to its well-being, and shall provide adequate space to allow the dog to move about in a natural manner, light, air and temperature sufficient to protect the animal.

(b) Properly fed means the provision, at suitable intervals, of wholesome food appropriate for the breed and age of the dog and sufficient to maintain a reasonable level of nutrition in each dog. Such food shall be served in a receptacle, dish or container that has been physically cleaned so that agents injurious to the health of the dog have been removed and destroyed to a practical minimum.

(c) Properly watered means the provision of constant access to a supply of clean, fresh, potable water in a sanitary manner, or the provision of such access at intervals suitable for the breed and age of the dog.

1 CRR-NY 77.2 Standards for the care of seized dogs {#sec-1-crr-ny-77.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 77.2}

Every dog seized pursuant to article 7 of the Agriculture and Markets Law, or any local law, ordinance, or order adopted or issued pursuant thereto, shall be properly cared for, sheltered, fed and watered for the redemption period provided by said article or for the period established by local law or ordinance as authorized by said article.

1 CRR-NY 77.3 Euthanasia and disposal {#sec-1-crr-ny-77.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 77.3}

(a) Humane methods of euthanasia shall be those designated as acceptable (approved) by the American Veterinary Medical Association.

(b) Disposal of such euthanized animals shall be consistent with laws and regulations of the New York State Departments of Environmental Conservation and Health.

1 CRR-NY 77.4 Access and inspection {#sec-1-crr-ny-77.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 77.4}

In order to supervise the enforcement of the provisions of article 7 of the Agriculture and Markets Law and any rules or regulations adopted pursuant thereto, the commissioner or his duly authorized agents may, at any reasonable time, including but not limited to normal business hours, enter and inspect any municipal shelter or pound or any establishment under contract with a municipality to provide pound or shelter services.

1 CRR-NY 77.5 Dog dealer prohibited from appointment as dog control officer {#sec-1-crr-ny-77.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 77.5}

A dog dealer shall neither be appointed as a dog control officer by a municipality, nor provide dog control officer services pursuant to a contract between a municipality and an incorporated humane society or similar incorporated dog protective association. For the purposes of this section, the term dog dealer shall mean any person who buys, sells, leases, or otherwise deals in dogs as a business enterprise.

Part 78 RECORDS

1 CRR-NY 78.1 Inspection of records {#sec-1-crr-ny-78.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 78.1}

Any records required to be maintained by any municipality pursuant to the provisions of article 7 of the Agriculture and Markets Law, or any rules or regulations adopted pursuant thereto, shall be open to inspection by the commissioner or his duly authorized agents at any reasonable time, including but not limited to normal business hours.

1 CRR-NY 78.2 Notification of commissioner: dog control officer and pound or shelter services {#sec-1-crr-ny-78.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 78.2}

On or before March 1, 1980, the governing body of each municipality required to provide dog control officer and pound or shelter services, pursuant to Agriculture and Markets Law, sections 114 and 115, shall notify the commissioner in writing of the name and address of the person or persons providing the municipality with such services. Such notification shall specify whether the municipality has appointed a dog control officer or officers and established a pound or shelter, contracted for such services with another municipality, duly incorporated humane society or similar dog protective association, or has, jointly with one or more other municipalities, appointed a dog control officer or officers and established a pound of shelter. Said governing body shall report any change in the personnel or method used to provide the required services within 30 days of said change.

1 CRR-NY 78.3 to 78.6 to 78.6 [Repealed] {#sec-1-crr-ny-78.3-to-78.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 78.3 to 78.6}

1 CRR-NY 78.7 to 78.10 to 78.10 [Repealed] {#sec-1-crr-ny-78.7-to-78.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 78.7 to 78.10}

Part 79 ACCOUNTING

1 CRR-NY 79.1 Accounting {#sec-1-crr-ny-79.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 79.1}

The accounting for all money collected and distributed pursuant to the provisions of article 7 of the Agriculture and Markets Law or any local law or ordinance enacted pursuant thereto shall be in accordance with the accounting system prescribed by the State Comptroller.

1 CRR-NY 79.2 Disposition of fines, penalties and bail forfeitures {#sec-1-crr-ny-79.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 79.2}

(a) All money collected by any town or village court as a fine, penalty or bail forfeiture, in actions brought pursuant to the provisions of article 7 of the Agriculture and Markets Law or any local law or ordinance enacted pursuant thereto, shall be the property of the municipality in which said money is collected, but it shall first be reported and remitted to the State Comptroller in the same manner as other fines, penalties and bail forfeitures.

(b) The State Comptroller shall return all money remitted pursuant to this Part to the town or village remitting it and said money shall be identified as “fines and penalties—dog cases.”

Subchapter D OPERATING ON THE TAILS OF HORSES

Part 80 CENTRAL REGISTRY OFFICE FOR AFFIDAVITS

1 CRR-NY 80.1 Central registry office {#sec-1-crr-ny-80.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 80.1}

The office of the Department of Agriculture and Markets, Division of Animal Industry, Governor Alfred E. Smith State Office Building, Albany, NY is hereby designated as the central registry office for the filing of affidavits prescribed by section 195-a of the Penal Law.

1 CRR-NY 80.2 Effective date of designation {#sec-1-crr-ny-80.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 80.2}

This designation shall take effect on June 1, 1964.

Subchapter E SALE OF DOGS AND CATS

Part 81 SALE OF DOGS AND CATS

1 CRR-NY 81.1 Definitions {#sec-1-crr-ny-81.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 81.1}

For the purposes of this Part, the following terms shall have the following meanings:

(a) Animal means a dog or a cat.

(b) Consumer means any individual purchasing an animal from a pet dealer. A pet dealer shall not be considered a consumer.

(c) Pet dealer means any person, firm, partnership, corporation or other association which in the ordinary course of business engages in the sale of more than one litter of animals per year for profit to the public. Such definition shall include breeders of animals who sell animals directly to a consumer but it shall not include duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged.

(d) Commissioner shall mean the Commissioner of Agriculture and Markets.

1 CRR-NY 81.2 Veterinary certification {#sec-1-crr-ny-81.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 81.2}

Upon the examination of a dog or a cat which is subject to the provisions of section 742 of the General Business Law, the examining veterinarian shall provide the consumer with the following form which shall also include the notice set forth in section 81.4 of this Part.

VETERINARY CERTIFICATION OF

UNFITNESS OF DOG OR CAT FOR PURCHASE

TYPE OF ANIMAL: __ CAT __ DOG (check one)

BREED:

AGE:

SEX:

COLOR:

DATE OF EXAMINATION:

DIAGNOSIS:

TREATMENT RECOMMENDED:

ESTIMATE OR ACTUAL COST OF TREATMENT:

OWNER OF CAT OR DOG:

COMPLETE ADDRESS:

TELEPHONE NUMBER:

This is to certify pursuant to Article 35-B of the General Business Law of the State of New York, that I am a veterinarian duly licensed by the State of , that I have examined the above animal as set forth herein and that I find that said animal is unfit for purchase due to: __ illness; __ a congenital malformation which adversely affects the health of the animal; or __ the presence of symptoms of a contagious or infectious disease (check one).

Date: __

Signature

REMARKS:

Name of Veterinarian:

Address:

Telephone Number:

1 CRR-NY 81.3 Pet dealer information {#sec-1-crr-ny-81.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 81.3}

A pet dealer shall provide the following information in writing to a consumer upon the sale of a dog or a cat: a description, including the breed of the animal, the date of purchase, the name, address and telephone number of the consumer and the pet dealer and the amount of the purchase. The pet dealer shall certify such information by signing and dating the document in which it is contained.

1 CRR-NY 81.4 Notice of rights {#sec-1-crr-ny-81.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 81.4}

Every pet dealer who sells a dog or a cat to a consumer shall provide the consumer at the time of sale with the following written notice, printed or typed, setting forth the rights provided under article 35-B of the General Business Law. If such notice is contained in a written contract, it shall be in 10-point boldface type.

NOTICE

Article 35-B of the General Business Law, hereinafter referred to as “the law,” sets forth certain rights which arise when a consumer purchases a dog or a cat from a pet dealer. Pursuant to the law, the Commissioner of Agriculture and Markets has promulgated regulations which require a pet dealer to provide certain information to a consumer in writing upon the sale of an animal. Such information shall include a description, including the breed of the animal, the date of purchase, the name, address and telephone number of the consumer and the pet dealer and the amount of the purchase. The pet dealer shall certify such information by signing and dating the document in which it is contained.

The law further provides that if, within 14 days following the sale of a dog or a cat, a veterinarian of the consumer's choosing, licensed by a state certifies such animal to be unfit for purchase due to illness, a congenital malformation which adversely affects the health of the animal, or the presence of symptoms of a contagious or infectious disease, the pet dealer shall afford the consumer the right to choose one of the following options:

(a) the right to return the animal and receive a refund of the purchase price, including sales tax and reasonable veterinary costs directly related to the veterinarian's certification that the animal is unfit for purchase;

(b) the right to return the animal and to receive an exchange animal of the consumer's choice of equivalent value and reasonable veterinary costs directly related to the veterinarian's certification that the animal is unfit for purchase; or

(c) the right to retain the animal and to receive reimbursement from a pet dealer for veterinary services from a licensed veterinarian of the consumer's choosing, for the purpose of curing or attempting to cure the animal. The reasonable value of reimbursable services rendered to cure or attempting to cure the animal shall not exceed the purchase price of the animal. The value of such services is reasonable if comparable to the value of similar services rendered by other licensed veterinarians in proximity to treating veterinarians. Such reimbursement shall not include the costs of initial veterinary examination, fees and diagnostic fees not directly related to the veterinarian's certification that the animal is unfit for purchase.

The law requires that any refund and/or reimbursement required shall be made by a pet dealer not later than 10 business days following receipt of a signed veterinary certificate as herein required. Such certification shall be presented to the pet dealer not later than three business days following receipt thereof by the consumer.

The Commissioner of Agriculture and Markets has prescribed a form for the certification that an animal is unfit for purchase which shall be provided to a consumer by an examining veterinarian upon the examination of a dog or cat subject to the law. That form includes information which identifies the type of animal, the owner, the date and diagnosis of the animal, the treatment recommended, if any, and an estimate of the actual cost of such treatment. Such form also includes this notice.

The law provides that a veterinary finding of intestinal parasites shall not be grounds for declaring the dog or cat unfit for sale unless the animal is clinically ill due to such condition. An animal may not be found unfit for sale on account of an injury sustained or illness contracted subsequent to the consumer taking possession thereof.

The law provides that if a pet dealer wishes to contest a demand for a refund, exchange or reimbursement made by a consumer such dealer shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by such dealer. Upon examination if the consumer and the dealer are unable to reach an agreement which constitutes one of the options set forth in the law within 10 business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such refund, exchange and/or reimbursement. Nothing in section 742 of the General Business Law, however, in any way limits the rights or remedies which are otherwise available to consumers under any other law.

For the purposes of the law, consumer means an individual purchasing a dog or a cat from a pet dealer. A pet dealer shall not be considered a consumer. Pet dealer means any person, firm, partnership, corporation or other association which in the ordinary course of business engages in the sale of more than one litter of dogs or cats per year for profit to the public. Such definition includes breeders of animals who sell animals directly to a consumer but does not include duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged.

1 CRR-NY 81.5 Information statement {#sec-1-crr-ny-81.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 81.5}

Pursuant to General Business Law section 753-B, every pet dealer shall deliver to the purchaser of a dog or cat, at the time of sale, a written statement in the following form:

NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS DIVISION OF ANIMAL INDUSTRY 1 WINNERS CIRCLE, ALBANY, NY 12235

81.5 Information statement. Pursuant to General Business Law section 753-B, every pet dealer shall deliver to the purchaser of a dog or cat, at the time of sale, a written statement in the following form:

INFORMATION STATEMENT FOR PURCHASER OF DOG OR CAT PURSUANT TO GENERAL BUSINESS LAW SECTION 753-B

(b) Breeder's name and address, if known. If not known, set forth the name and address of the source of the animal. If the person from whom the dog or cat was obtained is a dealer licensed by the United States Department of Agriculture, set forth the person's name, address and federal identification number:

(c) The date of the dog or cat's birth, unless unknown because of the source of the animal, in which case set forth the date the pet dealer received the animal and the location where the animal was received:

(d) For dogs only:

(i) The breed, sex, color and identifying marks at the time of sale:

(ii) If the dog is from a United States Department of Agriculture licensed source, set forth the individual identifying tag, tattoo or collar number for that animal.

(iii) If the breed is unknown or mixed, indicate that fact:

(iv) If the breed is being sold as being capable of registration, set forth the name and registration numbers of the sire and dam and the litter number, if known:

(e) The record of inoculations and worming treatments administered, if any, to the dog or cat as of the time of sale, while the animal was in the possession of the pet dealer, including the dates of administration and the type of vaccines or worming treatments administered:

(f) For cats only: Set forth any known diseases, sickness or congenital condition that adversely affects the health of the cat at the time of sale:

(g) Set forth any veterinary treatment or medication received by the dog or cat while in the possession of the pet dealer (other than those set forth in paragraph (e) above):

Check one:

□ (i) The dog or cat has no known disease, illness or congenital or hereditary condition that adversely affects the health of the animal at the time of sale; or

□ (ii) Set forth any known congenital or hereditary condition, disease or illness that adversely affects the health of the dog or cat at the time of sale and attach a statement signed by a licensed veterinarian that authorizes the sale of the dog or cat, recommends necessary treatment, if any and verifies that the condition, disease or illness does not require hospitalization or non-elective surgical procedures and is not likely to require hospitalization or non-elective surgical procedures in the future. A veterinarian statement is not required for intestinal or external parasites unless their presence makes the dog or cat clinically ill or is likely to do so. The statement shall be valid for fourteen business days following examination of the dog or cat by the veterinarian.

Part 82 CERTIFICATION FOR ITEMS CONTAINING FUR, HAIR, SKIN OR FLESH

1 CRR-NY 82.1 Certification {#sec-1-crr-ny-82.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 82.1}

The standard for the certification required by the provisions of subdivision two of section 379 of the Agriculture and Markets Law and subdivision two of section 399-aa of the General Business Law shall be a certification, in writing, stating that any fur, hair, skin or flesh contained in an item is not derived from domesticated dog (canis familiaris) or domesticated cat (felis catus or domesticus).

Chapter III PLANT INDUSTRY

Subchapter A INSPECTION AND SALE OF SEEDS (ARTICLE 9, AGRICULTURE AND MARKETS LAW)

Part 95 INSPECTION AND SALE OF SEEDS

1 CRR-NY 95.1 Labeling {#sec-1-crr-ny-95.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 95.1}

(a) Cereal grains and other seeds offered for sale from elevators, feed stores, and similar places of business as from car doors, when the vendor either orally, in writing, or in advertising implies that such goods are “suitable for seed”, “fit for seed”, or similar terms shall be deemed to be offered for sale for planting purposes.

(b) The printing of the required label statement will not be considered to be conspicuous as required in the act when it is:

(1) on bottom of container;

(2) super-imposed on other printing;

(3) wholly or partially inside of container;

(4) in such a position on container wherein it may become wholly or partially illegible.

(c) In labeling the “kind” of agricultural and vegetable seeds as required in section 137 of the Agriculture and Markets Law, the names used shall be those specified below for the kinds indicated:

(1) Agricultural Seeds

Alfalfa—Medicago sativa L.

Alfileria—Erodium cicutarium L. L'her.

Alyceclover—Alsycarpus vaginalis L. DC.

Bahia Grass—Paspalum notatum Fluegge.

Barley—Hordeum vulgare L.

Bean, adzuki—Phaseolus angularis Willd.

Bean, field—Phaseolus vulgaris L.

Bean, mung—Phaseolus aureus Roxb.

Bean—(see Velvetbean).

Beet, field excluding sugar beet—Beta vulgaris L.

Beggarweed—Desmodium tortuosum (Sev.) DC.

Bentgrass or Bentgrass, colonial—Agrostis tenuisSibth.

Bentgrass, creeping—Agrostis palustris Huds.

Bentgrass, velvet—Agrostis canina L.

Bermuda-grass—Cynodon dactylon L. Pers.

Bluegrass, annual—Poa annua L.

Bluegrass, bulbous—Poa bulbosa L.

Bluegrass, Canada—Poa compressa L.

Bluegrass, Kentucky—Poa pratensis L.

Bluegrass, Nevada—Poa nevadensis Vasey

Bluegrass, rough—Poa trivialis L.

Bluegrass, Texas—Poa arachnifera Torr.

Bluegrass, wood—Poa nemoralis L.

Bluestem, big—Andropogon furcatus Muhl.

Bluestem, little—Andropogon scoparius Michx.

Bluestem, sand—Andropogon halii Hack.

Bluestem, yellow—Andropogon ischaemum.

Brome, field—Bromus arvensis

Brome, mountain—Bromus marginatus Nees.

Brome, smooth—Bromus inermis Leyss.

Broomcorn—Sorghum vulgare var. technicum (Koern.) Jav.

Buckwheat—Fagopyrum esculentum Moench (F. Vulgare Hill.)

Buffalo Grass—Buchloe dactyloides (Nutt.) Engl.

Bufflelgrass—Pennisetum ciliare L. Link.

Bur-clover, California—Medicago hispidaGaertn.

Bur-clover, spotted—Medicago arabica L. DC.

Burnet, little—Sanguisorba minor Scop.

Buttonclover—Medicago orbicularis L. All.

Canary Grass—Phalaris canariensis L.

Canarygrass, reed—Phalaris arundinacea L.

Carpet Grass—Axonopus affinis Chase.

Castorbean—Ricinus communis L.

Chickpea—Cicer arietinum L.

Clover, alsike—Trifolium hybridum L.

Clover, berseem—Trifolium alexandrinum L.

Clover, cluster—Trifolium glomeratum L.

Clover, crimson—Trifolium incarnatum L.

Clover, large hop—Trifolium procumbens L.

Clover, small hop (suckling)—Trifolium dubium Sibth.

Clover, ladino—Trifolium repens L.

Clover, lappa—Trifolium lappaceum L.

Clover, Persian—Trifolium resupinatum L.

Clover, red or Red Clover, mammoth—Trifolium pratense L.

Red Clover, medium—Trifolium pratense L.

Clover, rose—Trifolium hirtum All

Clover, strawberry—Trifolium fragiferum L.

Clover, sub (subterranean)—Trifolium subterraneum L.

Clover, white—Trifolium repens L.

Corn, field—Zea mays L.

Corn, pop—Zea mays var. everta (Sturt.) Bailey

Cotton—Gossypium spp.

Cowpea—Vigna sinensis (Torner) Savi.

Crested dogtail—Cynosurus cristatus L.

Crotalaria, lance—Crotalaria lanceolata E. Mey.

Crotalaria, showy—Crotalaria spectabilis Roth.

Crotalaria, slenderleaf—Crotalaria intermediaKotschv.

Crotalaria, striped—Crotalaria striata DC.

Crotalaria, Sunn—Crotalaria juncea L.

Dallis Grass—Paspalum dilatatum Poir.

Dichondra repens Forst.

Dropseed, sand—Sporobolus cryptandrus (Torr.) A. Gray.

Emmer—Triticum dicoccum Schrank

Fescue, chewings—Festuca rubra var. commutata Gaud.

Fescue, hair—Festuca capillata Lam.

Fescue, meadow—Festuca elatior L.

Fescue, red—Festuca rubra L.

Fescue, sheep—Festuca ovina L.

Fescue, tall—Festuca arundinacea Schreb.

Flax—Linum usitatissimum L.

Grama, blue—Bouteloua gracilis (H. B. K.) Lag.

Grama, side oats—Bouteloua curtipendula (Michx.) Torr.

Guinea Grass—Panicum maximum Jacq.

Harding Grass—Phalaris tuberosa var. stenoptera (Hack.) Hitche.

Hemp—Canabis sativa L.

Indian Grass, yellow—Sorghastrum nutans (L.) Nash.

Indigo, hairy—Indigofera hirsuta (L.)

Japanese Lawn Grass—Zoysia japonica Steud.

Johnson Grass—Sorghum halepense (L.) Pers.

Kudzu—Pueraria thunbergiana (Sieb. and Zucc.) Benth.

Lespedeza, Korean—Lespedeza stipulacea Maxim.

Lespedeza, sericea or Chinese—Lespedeza cunetaDumont D. Don. (L. sericea [Thunb.] Miq.)

Lespedeza, Siberian—Lespedeza hedysaroides (Pallas) Ricker.

Lespedeza, striate—Lespedeza striata (Thunb.) Hook. & Arn.

Lovegrass, sand—Eragrostis trichodes (Nutt.) Wood.

Lovegrass, weeping—Eragrostis curvula (Schrad.) Nees.

Lupine, blue—Lupinus angustifolius L.

Lupine, white—Lupinus albus L.

Lupine, yellow—Lupinus luteus L.

Manila Grass—Zoysia matrella (L.) Merr.

Meadow foxtail—Alopecurus pratensis L.

Medick, black—Medicago lupulina L.

Millet, browntop—Panicum Fasciculatum, Swartz L.

Millet, foxtail—Setaria italica (L.) Beauv.

Millet, Japanese—Echinochloa crusyalli var. frumentacea (Roxb.) Wight.

Millet, pearl—Pennisetum glaucum (L.) R. Br.

Millet, proso—Panicum miliaceum L.

Molasses Grass—Melinis minutiflora Beauv.

Mustard, black—Brassica nigra Koch.

Mustard, white—Brassica hirta Moench.

Napier Grass—Pennisetum purpureum Schumach.

Oat—Avena spp.

Oatgrass, tall—Arrhenatherum elatius (L.) Mert. and Koch.

Orchard Grass—Dactylis glomerata L.

Panic Grass, blue—Panicum antidotale Retz.

Peanut—Arachis hypogaea L.

Pea, field—Pisum sativum var. arvense(L.) Poir.

Poa trivialis—(see Bluegrass, rough.)

Rape, annual—Brassica napus var. annuaKoch.

Rape, bird—Brassica campestris L.

Rape, turnip—Brassica campestris vars. L.

Rape, winter—Brassica napus var. biennis (Schubl. and Mart.) Reichb.

Redtop—Agrostis Alba L.

Rescue Grass—Bromus catharticus Vahl.

Rhodes Grass—Chloris Gayana Nunth.

Rice—Oryza sativa L.

Rice Grass, Indian—Oryzopsis hymenoides (Roem. & Schult.) Ricker.

Rough Pea—Lathyrus hirsutus L.

Rye—Secale cereale L.

Ryegrass or

Ryegrass, Italian—Lolium multiflorum Lam.

Ryegrass, perennial—Lolium perenne L.

Safflower—Carthamus tinctorius L.

Saifoin—Onobrychis viciaefolia Scop.

Sesame—Sesamum indicum L.

Sesbania—Sesbania exaltata (Raf.) Torr.

Smilo—Oryzopsis miliacea (L.) Benth. and Hook.

Sorghum—Sorghum vulgare Pers.

Sourclover—Melilotus indica (L.) All.

Soybean—Glycine max (L.) Merrill (Soja max [L.] Piper).

Spelt—Triticum spelta L.

Sudan Grass—Sorghum vulgare var. sudanense (Piper) Hitchc.

Sunflower—Helianthus annuus L.

Sweetclover or

Sweetclover, white—Melilotus alba Desr.

Sweetclover, yellow—Melilotus officinalis (L.) Lam.

Sweet vernalgrass—Anthoxanthum odoratum L.

Switchgrass—Panicum virgatum L.

Timothy—Phleum pratense L.

Trefoil, big—Lotus uliginosus Schkuhr.

Trefoil, birdsfoot—Lotus corniculatus L.

Vasey Grass—Paspalum urvillei Steud.

Veldtgrass—Ehrharta calycina J. E. Smith.

Velvetbean—Stizolobium deeringianum Bort.

Velvet Grass—Holcus lanatus L. Vetch or

Vetch, common—Vicia sativa L.

Vetch, hairy—Vicia villosa Roth.

Vetch, Hungarian—Vicia pannonica Grantz.

Vetch, monantha—Vicia articulata Hornem. (V. monantha Desf.)

Vetch, narrowleaf—Licia angustifolia (L.) Reich.

Vetch, purple—Vicia atropurpurea Desf.

Vetch, woolypod—Icia dasycarpa Ten.

Wheat or

Wheat, common—Triticum aestivum L. (T. vulgare Vill.)

Wheat, club—Triticum compactum Host.

Wheat, durum—Triticum durum Desf.

Wheat, Polish—Triticum polonicum L.

Wheat, poulard—Triticum turgidum L.

Wheatgrass, crested or fairway crested—Agropyron cristatum (L.) Gaertn.

Wheatgrass, crested or standard crested—Agropyron desertorum (Fisch.) Schult.

Wheatgrass, intermediate—Agropyron intermedium(Host) Beauv.

Wheatgrass, pubescent—Agropyron trichophorum (Link) Richt.

Wheatgrass, slender—Agropyron pauciflorum (Schwein.) Hitchc. (A. Trachycaulum Steud.)

Wheatgrass, tall—Agropyron elongatum (Host) Beauv.

Wheatgrass, western—Agropyron smithii Rydb.

Wild-rye, Canada—Elymus canadensis L.

Wild-rye, Russian—Elymus junceus Fisch.

Zoysia japonica—(see Japanese lawngrass).

Zoysia matrella—(see Manila grass).

(2) Vegetable seed

Anise—Pimpinella anisum

Artichoke—Cynara scolymus L.

Asparagus—Asparagus officinalis L.

Asparagus Bean—Vigna sesquipedalis (L.) Fruwirth.

Basil, sweet—Ocinum basilicum

Bean—Phaseolus vulgaris L.

Bean, lima—Phaseolus lunatus var. macrocarpus Van Eseltine.

Bean, runner—Phaseolus coccineus L.

Beet—Beta vulgaris L.

Borage—Borago officinalis

Broadbean—Vicia faba L.

Broccoli—Brassica oleraca var. botrytisL.

Brussels sprouts—Brassica oleracea var. gemmifera Zenker.

Cabbage—Brassica olearacea var. capitata L.

Cantaloupe—(see muskmelon).

Caraway—Carum carvi

Cardoon—Cynara cardunculus L.

Carrot—Daucus carota L. (cultivated).

Cauliflower—Brassica oleracea var. botrytis L.

Celeriac—Apium graveolens var. rapaceumDC.

Celery—Apium graveolens var. dulce(Mill.) Pers.

Chard, Swiss—Beta vulgaris var. ciclaL.

Chervil, salad—Anthriscus cerefolium

Chicory—Cichorium intybus L.

Chinese cabbage—Brassica pekinensi (Lour.) Rupr.

Chives—Allium schoenoprasum

Citron-Melon—Mitrullus vulgaris Schrad.

Collards—Brassica oleracea var. acephala DC.

Coriander—Coriandrum sativum

Corn, sweet—Zea mays L.

Cornsalad-Fetticus—Valerianella locusta var. olitoria Pall.

Cowpea—Vigna sinensis (Torner) Savi.

Cress, garden—Lepidium sativum L.

Cress, upland—Barbarea verna

Cress, water—Rorippa nasturtium-aquaticum (L.) Britt. and Rendle.

Cucumber—Cucumis sativus L.

Dandelion—Taraxacum officinale Weber.

Eggplant—Solanum melongena var. esculentum Nees.

Endive—Cichorium endivia L.

Fennel—Foeniculum vulgare

Kale—Brassica oleracea var. acephalaDC.

Kale, Chinese—Brassica oleracea var. alboglabra (Bailey) Musil.

Kohlrabi—Brassica oleracea var. gongylodes L.

Leek—Allium porrum L.

Lettuce—Lactuca sativa L.

Marjoram, sweet—Marjorana hortensis

Muskmelon—Cucumis melo L.

Mustard—Brassica juncea L. Coss.

Mustard, spinach—Brassica perviridis Bailey.

Okra—Hibiscus esculentus L.

Onion—Allium cepa L.

Onion, Welsh—Allium fistulosum L.

Pak-choi—Brassica chinensis L.

Parsley—Petroselinum hortense Hoffm.

Parsnip—Pastinaca sativa L. (cultivated).

Pea-garden—Pisum sativum L.

Pepper—Capsicum spp.

Pumpkin—Cucurbita pepo L., C. moschotaDuchesne and C. maxima Duchesne.

Radish—Raphanus sativus L.

Roquette—Eruca sativa

Rhubarb—Rheum rhaponticum L.

Rutabaga—Brassica napus var. napobrassica L. Reichb.

Sage—Salvia officinalis

Salsify—Tragopogon porrifolius L.

Savory, summer—Satureja hortensis

Sorrel—Rumex acetosa L. (cultivated).

Soybean—Glycine max L. Merrill (Soja max L. Piper).

Spinach—Spinacia oleracea L.

Spinach, New Zealand—Tetragonia expansa Thunb.

Squash—Cucurbita pepo L. C. moschataDuchesne and C. maxima Duchesne.

Thyme—Thymus vulgaris

Tomato—Lycopersicon esculentum Mill.

Tomato, husk—Physalis pubescens L.

Turnip—Brassica rapa L.

Watermelon—Citrullus vulgaris Schrad.

(d) When variety or strain names are stated, they shall be used in connection with the full kind name as herein specified, for example: “Alta Tall Fescue”, “Merion Kentucky Bluegrass”, and “Michihli Chinese Cabbage”.

(e) The provision that flower seeds be labeled to show, “The name of the kind and variety or a statement of type and performance characteristics”, shall be met in one of the following ways:

(1) For seeds of plants grown primarily for their blooms—

(i) If the seeds are of a single name variety, the kind and variety names shall be stated, for example—“Marigold, Butterball”.

(ii) If the seeds are of a single type and color for which there is no specific variety name, the type of plant (if significant), and the type and color of bloom shall be indicated, for example—“Scabiosa, Tall, Large Flowered, Double, Pink”.

(iii) If the seeds consist of an assortment or mixture of colors or varieties of a single kind, the kind name, the type of plant (if significant) and the type or types of bloom shall be indicated. In addition, it shall be clearly indicated that the seed is mixed or assorted. An example of labeling such a mixture or assortment is—“Marigold, Dwarf Double French, Mixed Colors”.

(iv) If the seeds consist of an assortment or mixture of kinds, it shall be clearly indicated that the seed is assorted or mixed and the specific use of the assortment or mixture shall be indicated, for example—“Cut Flower Mixture”, or “Rock Garden Mixture”. Such statements as “Wild Flower Mixture”, “General Purpose Mixture”, “Wonder Mixture” or any other statement which fails to indicate the specific use of the seed shall not be considered as meeting the requirements of this provision unless the specific use of the mixture is also stated.

(2) For seeds of plants grown for ornamental purposes other than their blooms, the kind and variety shall be stated, or the kind shall be stated together with a descriptive statement concerning the ornamental part of the plant, for example—“Ornamental Gourds, Small Fruited, Mixed”.

(f) For lawn-seeding mixtures the requirement of section 137 of the Agriculture and Markets Law that the name of the kind or kind and variety of seed components to be named in order of their predominance may be met by naming the kind or kind and variety of seed components in the order of their predominance under the separate headings “Fine Textured Grasses” and “Course Kinds”. The following may be named as “Fine Textured Grasses”: colonial bentgrass (Agrostis tenuis), creeping bentgrass (Agrostis palustris), velvet bentgrass (Agrostis canina), Kentucky bluegrass (Poa pratensis), rough bluegrass (Poa trivialis), wood bluegrass (Poa nemoralis), Canada bluegrass (Poa compressa), red fescue (Festuca rubra), chewing fescue (Festuca rubra var. commutata), sheep fescue (Festuca ovina), and the manhattan, NK 100, norlea and palo varieties of perennial ryegrass (Lolium perenne). All other kinds or kinds and varieties not listed as fine textured must be listed under the heading “Coarse Kinds”.

1 CRR-NY 95.2 Duplicate samples {#sec-1-crr-ny-95.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 95.2}

When seeds are offered or exposed for sale in small original containers such as sealed paper packets, sealed cartons, or small sewed bags and, therefore, not readily divided or opened in the usual manner, and there are several apparently similar or identical containers, one of these may be purchased by the inspector and reserved intact as a sample and the others left with the vendor as duplicate samples, one of which the vendor may choose to retain.

1 CRR-NY 95.3 Interpretation of terms used {#sec-1-crr-ny-95.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 95.3}

In interpreting the terms used in this Act in regard to the sale of unlabeled, uncleaned, and unfit seed the definitions and explanations formulated by the Commissioner of Agriculture and Markets shall apply.

(a) “Unlabeled” seed shall be understood to mean lots or parcels of seeds or mixtures of seeds which lack any or all of the required items of label information for that particular kind of seed or mixture.

(b) Seed “so unclean as to be unfit for planting” shall be understood to mean that the seed has not been subjected to the usual commercial cleaning processes to remove harmful and troublesome weed seeds in such quantities that it might badly infest a field in which it was planted. Seeds of wheat, oats, rye, barley, and other seeds of similar size or larger will be considered to be “so unclean as to be unfit for planting” if they contain 10 noxious weed seeds or more per pound. Seeds of grasses, small-seeded legumes, and all other seeds smaller in size than wheat will be considered to be unfit for planting if they contain noxious weed seeds at a rate of 100 seeds or more per pound, except that lawn seed or lawn seeding mixtures containing annual bluegrass (Poa annua) will be considered fit for planting provided (1) that the name and number of annual bluegrass (Poa annua)seeds per pound is stated on the label as required by paragraph 5. of subdivision C. of section 137 of the Agriculture and Markets Law, or (2) that annual bluegrass (Poa annua) be listed on the label as a component crop seed of the lawn seed or lawn seeding mixture and that the percentage by weight and percentage of germination be shown.

(c) Agricultural seeds will be considered to be “so weak or low in germination as to be unfit for seeding purposes” if the percentage germination obtained in a standard laboratory test is less than two thirds of the minimum germination percentage specified for certified seed of the kind in question in the latest minimum standards adopted by the International Crop Improvement Association. Vegetable and flower seeds will be considered to be unfit for planting if the germination percentage obtained in a standard laboratory test is less than two thirds of the germination standard for the kind in question specified in these rules and regulations. Seeds of kinds not listed in the minimum certification standards of the International Crop Improvement Association nor in the vegetable and flower seed standards set forth in these rules and regulations will be considered to be unfit for planting if they show no germination or distinctly weak vitality, or produce so few seedlings as to make a satisfactory stand in the field impossible at normal planting rates.

(d) Seed shall not be considered to have been packaged or tested for the calendar year in which it is sold, offered or exposed for sale unless a test to determine the percentage germination shall have been made during the nine-month period immediately preceding the date on which the seed is sold, offered or exposed for sale.

(e) The term “standard testing procedures” as used in this article shall be understood to mean procedures adopted by the Association of Official Seed Analysts and published in the most recent edition of the “Rules for Testing Seed” of that Association.

1 CRR-NY 95.4 Seed containing more than one percent weed seeds {#sec-1-crr-ny-95.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 95.4}

The provision prohibiting the sale of seed containing more than one percent by weight of all weed seeds shall not apply to Japanese and Hungarian Millet, Smooth bromegrass, Colonial bentgrass, Redtop, and Kentucky bluegrass. A total of two percent of weed seeds shall be permitted in those kinds.

1 CRR-NY 95.5 Germination standards for vegetable seeds {#sec-1-crr-ny-95.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 95.5}

Germination standards for vegetable seeds including hard seed as specified in section 137 of the Agriculture and Markets Law shall be those indicated below:

| | % | | --- | --- | | Anise | 50 | | Artichoke | 60 | | Asparagus | 70 | | Asparagusbean | 75 | | Basil, sweet | 60 | | Bean, garden | 70 | | Bean, lima | 70 | | Bean, runner | 75 | | Beet | 65 | | Borage | 70 | | Broadbean | 75 | | Broccoli | 75 | | Brussels sprouts | 70 | | Cabbage | 75 | | Caraway | 55 | | Cardoon | 60 | | Carrot | 55 | | Cauliflower | 75 | | Celeriac | 55 | | Celery | 55 | | Chard, Swiss | 65 | | Chervil | 65 | | Chicory | 65 | | Chinese cabbage | 75 | | Chives | 45 | | Citron | 65 | | Collards | 80 | | Coriander | 70 | | Corn, Sweet | 75 | | Cornsalad | 70 | | Cowpea | 75 | | Cress, garden | 75 | | Cress, upland | 70 | | Cress, water | 40 | | Cucumber | 80 | | Dandelion | 60 | | Eggplant | 60 | | Endive | 70 | | Fennel, Florence | 60 | | Fennel, sweet | 50 | | Kale | 75 | | Kale, Chinese | 75 | | Kohlrabi | 75 | | Leek | 60 | | Lettuce | 80 | | Marjoram, sweet | 50 | | Muskmelon | 75 | | Mustard | 75 | | Mustard, spinach | 75 | | Okra | 50 | | Onion | 70 | | Onion, Welsh | 70 | | Pak–choi | 75 | | Parsley | 60 | | Parsnip | 60 | | Pea | 80 | | Pepper | 55 | | Pumpkin | 75 | | Radish | 75 | | Rhubarb | 60 | | Roquette | 60 | | Rutabaga | 75 | | Sage | 60 | | Salsify | 75 | | Savory, summer | 55 | | Sorrel | 65 | | Soybean | 75 | | Spinach | 60 | | Spinach, New Zealand | 40 | | Squash | 75 | | Thyme | 50 | | Tomato | 75 | | Tomato, husk | 50 | | Turnip | 80 | | Watermelon | 70 |

1 CRR-NY 95.6 Germination standards for flower seed {#sec-1-crr-ny-95.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 95.6}

(a) Germination standards for flower seed including hard seed, as specified in section 137 of the Agriculture and Markets Law, shall be those indicated below:

| Kind | % | | --- | --- | | Achillea (The Pearl)—Achillea ptarmica | 50 | | African daisy—Dimorphotheca aurantiaca | 55 | | Ageratum—Ageratum mexicanum | 60 | | Agrostemma (rose campion)—Agrostemma coronaria | 65 | | Alyssum—Alyssum compactum, A. Maritimum, A. procumbens, A. saxatile | 60 | | Amaranthus—Amaranthus spp. | 65 | | Anagails (pimpernel)—Anagalis arvensis, Anagalis coerulea, Anagalis grandiflora | 60 | | Anemon—Anemone coronaria, A. pulsatilla | 55 | | Angel's trumpet—Datura arborea | 60 | | Arabis—Arabis alpina | 60 | | Arototis (African lilac daisy)—Arctotis grandis | 45 | | Armeria—Armeria formosa | 55 | | Asparagus, fern—Asparagus plumosus | 50 | | Asparagus, sprenger—Asparagus sprengeri | 55 | | Aster, China—Callistephus chinensis except Pompon, Powderpuff, and Princess types | 55 | | Aster, China—Callistephus chinensis, Pompon, Powderpuff, and Princess types | 50 | | Aubrietia—Aubrietia deltoides | 45 | | Balsam—Impatiens balsamina | 70 | | Begonia—Begonia fibrous rooted | 60 | | Begonia—Begonia tuberous rooted | 50 | | Bells of Ireland—Molucella laevis | 60 | | Brachycome (swan river daisy)—Brachycome iberidifolia | 60 | | Browallia—Browallia elata and B. speciosa | 65 | | Buphthalmum (sunwheel)—Buphthalmum salicifolium | 60 | | Calceolaria—Calceolaria spp. | 60 | | Calendula—Calendula officinalis | 65 | | California poppy—Eschscholtzia californica | 60 | | Calliopsis—Coreopsis bicolor, C. drummondi, C. elegans. | 65 | | Campanula— | | | Canterbury bells—Campanula medium | 60 | | Cup and Saucer bellflower—Campanula medium calycanthema | 60 | | Carpathian bellflower—Campanula carpatica | 50 | | Peach bellflower—Campanula persicifolia | 50 | | Candytuft, annual—Iberis amara, I. umbellata | 65 | | Candytuft, perennial—Iberis gibraltarica, I. sempervirens | 55 | | Castor bean—Ricinus communis | 60 | | Cathedral bells—Cobaea scandens | 65 | | Celosia—Celosia argentea | 65 | | Centaurea, basket flower—Centaurea americana, Cornflower—C. cyanus, Dusty Miller—C. candidissima, Royal centaurea—C. imperialis, Sweet sultan—C. moschata, Velvet centaureau—C. gyumnocarpa | 60 | | Cerastium (snow–in–summer)—Cerastium biebersteini and C. tonemtosum | 65 | | Chinese forget–me–not—Cynoglossum amabile | 55 | | Chrysanthemum, annual—Chysanthemum carinatum, C. coronarium, C. segetum | 40 | | Cineraria—Senecio cruentus | 65 | | Cleome—Cleome gigantea | 65 | | Coleus—Coleus blumei | 65 | | Columbine—Aquilegia spp. | 50 | | Coral bells—Heuchera sanguinea | 55 | | Coreopsis, perennial—Coreopsis lanceolata | 40 | | Cosmos: Sensation, Mammoth and Crested types—Cosmos bipinnatus; Klondyke type—C. sulphureus | 65 | | Crossandra—Crossandra infundibuliformis | 50 | | Dahlia—Dahlia spp. | 55 | | Delphinium, perennial: Belladonna and Bellamosum types; Cardinal larkspus Delphinium cardinale; Chinensis types; Pacific Giant, Gold Medal and other hybrids of D. elatum | 55 | | Dianthus: | | | Carnation—Dianthus caryophyllus | 60 | | China pinks—Dianthus chinensis, Heddewigi, Heddensis | 70 | | Grass pink—Dianthus plumarius | 60 | | Maiden pinks—Dianthus deltoides | 60 | | Sweet William—Dianthus barbatus | 70 | | Sweet Wivelsfield—Dianthus allwoodi | 60 | | Didiscus (blue lace flower) —Didiscus coerulea | 65 | | Doronicum (leopard's bane)—Doronicum caucasicum | 60 | | Dracena—Dracaena indivisa | 55 | | English Daisy—Bellis Perennis | 55 | | Flax—Golden flax–Linum flavum; Flowering flax–L. grandiflorum; Perennial flax L. perenne | 60 | | Foxglove—Digitalis spp. | 60 | | Gaillardia, annual—Gaillardia pulchella, G. picta; perennial—G, grandiflora | 45 | | Gerbera (transvaal daisy)—Gerbera jamesoni | 60 | | Geum—Geum spp. | 55 | | Gilia—Gilia spp. | 65 | | Gloriosa daisy (rudbeckia)—Echinacea purpurea and Rudbeckia Hirta | 60 | | Gloxinia—Sinningia speciosa | 40 | | Godetia—Godetia amoena, G. granddiflora | 65 | | Gourds: yellow flowered—Cucurbita pepo; white flowered—Lagenaria sisceraria; Dishcloth—Luffa cylindrica | 70 | | Gypsophila: annual baby's breath—Gypsophila elegans; perennial baby's breath G. paniculata, G. pacifica, G. repens | 70 | | Helenium—Helenium autummale | 40 | | Helichrysum—Helichrysum monstrosum | 60 | | Heliopsis—Heliopsis scarbra | 55 | | Helipterum (Acroclinium—Helipterum roseum | 60 | | Hesperis (sweet rocket)—Hesperis matronalis | 65 | | Hollyhock—Althea rosea | 65 | | Hunnemania (mexican tulip poppy)—Hunnemania fumariaefolia | 60 | | Hyacinth bean—Dolichos lablab | 70 | | Impatiens—Impatiens holstii, I. sultani | 55 | | Ipomea: Cypress vine—Ipomea quamoclit: Moonflower—I. noctiflora; Morning glories, Cardinal climber, Hearts and Honey vine—Ipomea spp. | 75 | | Jerusalem cross (maltese cross)—Lychnis chalcedonica | 70 | | Job's tears—Coix lacrymajobi | 70 | | Kochia—Kochia childsi | 55 | | Larkspur, annual—Delphinium ajacis | 60 | | Lantana—Lantana camara, L. Hybrida | 35 | | Lilium (regal lily)—Lilium regale | 50 | | Linaria—Linaria spp. | 65 | | Lobelia, annual—Lobelia erinus | 65 | | Lunaria, annual—Lunaria annua | 65 | | Lupine—Lupinus spp. | 65 | | Marigold—Targetes spp. | 65 | | Marvel of Peru—Mirabilis jalapa | 60 | | Matricaria (feverfew)—Matricaria spp. | 60 | | Mignonette—Reseda odorata | 55 | | Myosotis—Myosotis alpestris, M. oblongata, M. palustris | 50 | | Nasturtium—Tropaeolum spp. | 60 | | Nemesia—Nemesia spp. | 65 | | Nemophila—Nemophila insignis | 70 | | Nemophila, spotted—Nemophila maculata | 60 | | Nicotiana—Nicotiana affinis, N. sanderae, N. sylvestris | 65 | | Nieremberia—Nierembergia spp. | 55 | | Nigella—Nigella damascena | 55 | | Pansy—Viola tricolor | 60 | | Penstemon—Penstemon barbatus, P. grandiflorus, P. laevigatus, P. pupescens | 60 | | Petunia—Petunia spp. | 45 | | Phacelia—Phacelia campanularia, P. minor, P. tanacetifolia | 65 | | Phlox, annual—Phlox drummondi all types and varieties | 55 | | Physalis—Physalis spp. | 60 | | Platycodon (balloon flower)—Platycodon grandiflorum | 60 | | Plumbago, cape—Plumbago capensis | 50 | | Poppy: Shirley—Papaver rhoeas; Iceland—P. nudicaule; Oriental—P. orientale; Tulip—P. glaucum | 60 | | Portulaca—Portulaca grandiflora | 55 | | Primula (primrose)—Primula spp. | 50 | | Pyrethrum (painted daisy)—Pyrethrum coccineum | 60 | | Salpiglossis—Salpiglossis gloxinaeflora, S. sinuata | 60 | | Salvia: Scarlet Sage—Salvia splendens; Mealycup Sage—Salvia farinacea | 50 | | Saponaria—Saponaria ocymoides, S. vaccaria | 60 | | Scabiosa, annual—Scabiosa atropurpurea | 50 | | Scabiosa, perennial—Scabiosa caucasica | 40 | | Schizanthus—Schizanthus spp. | 60 | | Sensitive plant (mimosa)—Mimosa pudica | 65 | | Shasta Daisy—Chrysanthemum maximum, C. leucanthemum | 65 | | Snapdragon—Antirrhinum spp. | 55 | | Solanum—Solanum spp. | 60 | | Statice—Statice sinuata, S. suworonii | 50 | | Stocks: Common—Mathiola incana; Evening Scented—Mathiola bicornis | 65 | | Sunflower—Helianthus spp. | 65 | | Sweet pea, annual and perennial other than dwarf bush—Lathyrus odoratus, L. latifolius | 75 | | Sweet pea, dwarf bush—Lathyrus odoratus | 65 | | Tahoka daisy—Machaeanthera tanacetifolia | 60 | | Thunbergia—Thunbergia alata | 60 | | Torch flower—Tithonia speciosa | 70 | | Torenia (wishbone flower)—Torenia fournieri | 70 | | Tritoma—Kniphofla spp. | 65 | | Verbena, annual—Verbena hybrida | 35 | | Vinca—Vinca rosea | 60 | | Viola—Viola cornuta | 55 | | Virginian stocks—Malcolmia maritima | 65 | | Wallflower—Cheiranthus allioni | 65 | | Yucca (Adam's needle)—Yucca filamentosa | 50 | | Zinnia (except linearis and creeping)—Zinnia augustifolia, Z. elegans, Z. grandiflora, Z. gracillima, Z. haegeana, Z. multiflora, Z. pumilla | 65 | | Zinnia, linearis and creeping–Zinnia linearis, Sanvitalia procumbens | 50 |

(b) A mixture of kinds of flower seeds will be considered to be below standard if the germination of any kind or combination of kinds constituting 25 per cent or more of the mixture by number is below standard for the kind or kinds involved.

1 CRR-NY 95.7 Warning on treated seed {#sec-1-crr-ny-95.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 95.7}

The following provisions shall apply to the labeling of treated seed to provide “a warning adequate to protect the public” as required in section 137 of the Agriculture and Markets Law:

(a) Seed treated with a mercurial or similarly toxic substance, if any amount remains with the seed, shall be labeled to show a representation of a skull and crossbones at least twice the size of the type used for other information pertaining to treatment on the label, and shall also include in red letters on a background of distinctly contrasting color a statement worded substantially as follows: “This seed has been treated with Poison”, “Treated with Poison”, “Poison treated”, or “Poison”. The word “Poison” shall appear in type no less than 8 point.

Examples of mercurials and similarly toxic substances are the following:

Aldrin, technical

Demeton

Dieldrin

Endrin

Heptachlor

o, o-diethyl S- (ethylthiomethyl) phosphorodithiolate

o, o-diethyl S-2- (ethylthio) ethyl phosphorodithiolate

Phenyl amino cadmium dilactate

Mercurials (all types):

Ethyl mercury acetate

N-ethylmercuri-1, 2, 3, 6-tetrahydro-3, 6,-endomethano-3, 4, 5, 6, 7, 7-hexachlorophthalimide

Ethyl mercury chloride

Ethyl mercury 2, 3-dihydroxy propyl mercaptide

Ethyl mercury perthiocyanate

Ethyl mercury p-toluene sulfonanilide

Ethyl propyl mercury bromide

Hydroxymercuric cresol

Hydroxy mercurichlorophenol

Hydroxy mercurinitrophenol

Mercuric chloride; corrosive sublimate

Mercurous chloride; calomel

Mercuric oxide

Methyl mercury dicyan diamide

Methyl mercury hydroxide

Methyl mercury nitril

2-methoxy ethyl mercury acetate

Mercury-zinc-chromate

Phenyl mercury acetate

Phenyl mercury ammonium acetate

Phenyl mercury chloride

Phenyl mercury ethylene diamine acetate

Phenyl mercury formamide

Phenyl mercury salicylate

Phenyl mercury urea

Sodium ethyl mercury salicylate

(b) If a substance other than one which would be classified as a mercurial or similarly toxic substance is used in the treatment of seed, and the amount remaining with the seed is harmful to humans or other vertebrate animals, the seed shall be labeled with an appropriate caution statement in type no smaller than 8-point worded substantially as follows: “Do not use for food”, “Do not use for feed”, “Do not use for oil purposes”, or “Do not use for food, feed, or oil purposes”.

Any amount of any substance which is not a mercurial or similarly toxic substance, used in the treatment of seed, which remains with the seed is considered harmful within the meaning of this section when the seed is in containers of more than four ounces, except that the following substances shall not be deemed harmful when present at a rate less than the number of parts per million indicated:

Allethrin—2 p.p.m.

Malathion—8 p.p.m.

Methoxyclor—2 p.p.m.

Piperonyl butoxide—8 p.p.m.

Pyrethrine—1 p.p.m.

1 CRR-NY 95.8 Seeds in preplanted containers, mats, tapes, and other devices {#sec-1-crr-ny-95.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 95.8}

(a) Seeds sold, offered, or exposed for sale in containers in which they are preplanted in a germination medium, or in mats, tapes, or similar devices are subject to all of the provisions of article 9 of the Agriculture and Markets Law pertaining to the kind of seed involved and to the rules and regulations promulgated under the provisions of this article.

(b) If the seed is placed in the germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing it from the medium, mat, tape, or device, the label must bear a statement to indicate the minimum number of seeds in the container, except for agricultural seeds for which the minimum number of seeds per square foot shall be indicated.

1 CRR-NY 95.9 Noxious weed seeds {#sec-1-crr-ny-95.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 95.9}

The term noxious weed seeds includes, in addition to those seeds set forth in definition 7 of section 136 of the Agriculture and Markets Law, the seeds of the following:

Leafy spurge (Euphorbia esula)

Annual bluegrass (Poa annua) when present in lawn seed or lawn-seeding mixtures.

Part 96 GENERAL SEED CERTIFICATION STANDARDS

1 CRR-NY 96.1 Definition of terms {#sec-1-crr-ny-96.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.1}

Definitions pertaining to specific crops are included in the specific certification standards for that crop. Definitions not included in this section and specific crop standards not found in this Title may be found in the Seed Certification Handbook, 2007 edition, published by the Association of Official Seed Certifying Agencies. The document is available from the Association of Official Seed Certifying Agencies, 1601 52nd Avenue, Suite #1, Moline, IL 61265. It is available for public inspection and copying in the office of the Director of Plant Industry, New York Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the office of the Department of State, 41 State Street, Albany, NY 12231.

(a) Variety.

The term variety means a subdivision of a kind which is distinct, uniform, and stable; “distinct” in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; “uniform” in the sense that variations in essential and distinctive characteristics are describable; and “stable” in the sense that the variety will remain unchanged to a reasonable degree of reliability in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties.

(b) Other varieties.

The term other varieties shall be considered to include plants or seed of the same kind that can be differentiated from the variety that is being inspected but shall not include variations which are environmental or characteristic of the variety as defined by the breeder.

(c) Off-type.

The term off-type means a plant or seed which deviates in one or more characteristics from that which has been described in accordance with section 96.2(a)(3) of this Part as being usual for the strain or variety.

(d) Inbred line.

The term inbred line means a relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of backcrossing to a recurrent parent with selection, or its equivalent, for specific characteristics.

(e) Single cross.

The term single cross means the first general hybrid between two inbred lines.

(f) Foundation single cross.

The term foundation single cross means a single cross used in the production of a double cross, a three-way, or a top-cross.

(g) Double cross.

The term double cross means the first generation hybrid between two single crosses.

(h) Top cross.

The term top cross means the first generation hybrid of a cross between an inbred line and an open-pollinated variety or the first generation hybrid between a single cross and an open-pollinated variety.

(i) Three-way cross.

The term three-way cross means a first generation hybrid between a single cross and an inbred line.

(j) Open-pollination.

The term open-pollination means pollination that occurs naturally as opposed to controlled pollination, such as by detasselling, cytoplasmic male sterility, self-incompatibility or similar processes.

(k) Lot of seed.

The term lot of seed means a definite quantity of seed identified by a lot number, every portion or bag of which is uniform, within permitted tolerances, for the factors which appear in the labeling.

(l) In bulk.

The term in bulk shall mean seed when loose either in vehicles of transportation or in storage, and not seed in bags or other containers.

(m) Department.

The term department means the Department of Agriculture and Markets.

1 CRR-NY 96.2 Eligibility requirements for certification of crop varieties {#sec-1-crr-ny-96.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.2}

(a) The certifying agency for the State of New York, as designated by the Commissioner of Agriculture, shall maintain a list of crop varieties eligible for certification. The certifying agency shall require the originator, developer, or owner of the variety, or agent thereof, to make the following available when eligibility for certification is requested:

(1) the name of the variety;

(2) a statement concerning the variety's origin and the breeding procedure used in its development;

(3) a detailed description of the morphological, physiological and other characteristics of the plants and seed that distinguish it from other varieties;

(4) evidence supporting the identity of the variety, such as comparative yield data, insect and disease resistance, or other factors;

(5) a statement delineating the geographic area or areas of adaptation of the variety;

(6) a statement of the plans and procedures for the maintenance of seed classes, including the number of generations through which the variety may be multiplied;

(7) a description of the manner in which the variety is constituted when a particular cycle of reproduction or multiplication is specified;

(8) any additional restrictions on the variety, specified by the breeder, with respect to geographic area of seed production, age or stand or other factors affecting genetic purity; and

(9) a sample of seed representative of the variety as marketed.

(b) To certify varieties not on the list of varieties eligible for certification in New York, refer to Parts 108 and 109 of this Title for rules and procedures for interagency certification.

1 CRR-NY 96.3 Classes and sources of certified seed {#sec-1-crr-ny-96.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.3}

Four classes of seed shall be recognized in seed certification; namely, breeder, foundation, registered and certified. These classes are defined as follows:

(a) Breeder seed. Breeder seed is a class of certified seed directly controlled by the originating or sponsoring plant breeding institution, or person, or designee thereof, and is the source for the production of seed of the other classes of certified seed.

(b) Foundation seed. Foundation seed is a class of certified seed which is the progeny of breeder or foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this Part, for producing the foundation class of seed, for the purpose of maintaining genetic purity and identity. Production of foundation seed must be carefully supervised or approved by the certifying agency.

(c) Registered seed. Registered seed is a class of certified seed which is the progeny of breeder or foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this Part, for producing the registered class of seed, for the purpose of maintaining genetic purity and identity.

(d) Certified seed. Certified seed is a class of certified seed which is the progeny of breeder, foundation, or registered seed, except as provided in section 96.4 of this Part, and is produced and handled under procedures established by the certifying agency, in accordance with this Part, for producing the certified class of seed, for the purpose of maintaining genetic purity and identity.

1 CRR-NY 96.4 Limitations of generations for certified seed {#sec-1-crr-ny-96.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.4}

The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner and shall not exceed two generations beyond the foundation seed class with the following exceptions which may be made with the permission of the originating or sponsoring plant breeder, institution, or his designee:

(a) Recertification of the certified class may be permitted when no foundation seed is being maintained.

(b) The production of an additional generation of the certified class may be permitted on a one year basis only, when an emergency is declared by any official seed certifying agency stating that the foundation and registered seed supplies are not adequate to plant the needed certified acreage of the variety. The additional generation of certified seed to meet the emergency need is ineligible for recertification.

1 CRR-NY 96.5 Production of all classes of certified seed {#sec-1-crr-ny-96.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.5}

(a) The certifying agency shall determine that genetic purity and identity are maintained at all stages of certification including seeding, harvesting, processing, and labeling of the seed.

(b) The unit of certification shall be a clearly defined field or fields.

(c) One or more field inspection shall be made:

(1) previous to the time a seed crop of any class of certified seeds is to be harvested; and

(2) when genetic purity and identity can best be determined.

The field shall be in suitable condition to permit an adequate inspection to determine genetic purity and identity.

(d) One or more inspections of harvested lots of seed from inspected fields may be made at any time by authorized persons who shall have authority to recommend to the certifying agency the rejection for certification of any lot not properly protected from mixture, improperly identified or improperly handled.

(e) Seed from inspected fields must be positively identified at all times. Bins containing bulk lots of seed (cleaned or uncleaned) must be identified either by bin number or by lot number and variety of the seed in the bin. If bin numbers are used, accurate records must be kept to correlate bin number with variety and lot number. Bags must be identified by a stenciled lot number or identification tag securely fastened to each bag.

(f) All samples from each cleaned lot of seed eligible for certification shall be drawn by a person approved by the certifying agency and the department as demonstrated by an approved compliance agreement for the sampling of certified seed. Samples shall be taken according to the procedures set forth in the AASCO Handbook on Seed Sampling, 2006 edition, published by the Association of American Seed Control Officials. The document is available from Anita Hall, 101 East State Street, #214, Ithaca, NY 14850. It is available for public inspection and copying in the offices of the Director of Plant Industry, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the offices of Department of State, 41 State Street, Albany, NY 12231. Samples shall be taken from and be truly representative of the entire lot of seed which has been recleaned and is in condition for sale. Such sample shall not be considered as being representative for any seed which is recleaned later. Evidence that any lot of seed has not been protected from contamination which might affect genetic purity, or is not properly identified, shall be cause for possible rejection of certification.

(g) Analysis and tests of samples of seed and definitions and analytical terms shall be in accordance with the Rules for Testing Seeds, 2007 edition, published by the Association of Official Seed Analysts. The document is available from the Association of Official Seed Analysts, #285, 601 S. Washington, Mail Boxes, Etc., Stillwater, OK 74074. It is available for public inspection and copying in the office of the Director of Plant Industry, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the office of the Department of State, 41 State Street, Albany, NY 12231. Testing shall be performed by laboratories approved by the certifying agency in consultation with the department.

(h) Second sample. If a representative sample of the certified class of seed contains one prohibited seed, or in the case of quackgrass, one multiple floret, or fails to meet germination standards, the lot may be resampled by an official of the seed certifying agency. If the second sample thus obtained meets certification requirements, the lot will be accepted for certification.

1 CRR-NY 96.6 Processors and processing of all classes of certified seed {#sec-1-crr-ny-96.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.6}

The following requirements must be met by processors of all classes of certified seed:

(a) Facilities shall be available to perform processing without introducing admixtures.

(b) Identity of the seed must be maintained at all times.

(c) Records of all operations relating to certification shall be complete and adequate to account for all incoming seed and final disposition of seed.

(d) Processors shall permit inspection by the certifying agency of all records pertaining to all classes of certified seed.

(e) Processors shall designate an individual who shall be responsible to the certifying agency for performing such duties as may be required by the certifying agency.

(f) Seed lots for a specific crop shall be limited to a quantity characterized as uniform by the certifying agency and from which a representative sample may be obtained. Seed lots of the same variety and class may be blended and the class retained. If lots of different classes are blended, the lowest class shall be applied to the resultant blend. Such blending can only be done when authorized by the certifying agency.

1 CRR-NY 96.7 Labeling of all classes of certified seed {#sec-1-crr-ny-96.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.7}

(a) All classes of certified seed when offered for sale shall have an official certification label affixed to each container clearly identifying the certifying agency, the lot number or other identification, the variety name (if certified as to variety), and the kind and class of seed. Except that for seed mixtures and seed in containers of five pounds or less, the certification labels need not bear the name of the kind or kind and variety of each component, provided the name of each kind or kind and variety is shown on the analysis label.

(b) In the case of seed sold in bulk, the invoice or accompanying document shall identify the certifying agency, the crop kind, variety (if certified as to variety), class of seed, and the lot number or other identification.

(c) The official certification label may be printed directly on the container when an accounting of the containers is required by the certifying agency.

(d) Labels other than those printed on the containers shall be attached to containers in a manner that prevents removal and reattachment without tampering being obvious.

1 CRR-NY 96.8 Requirements for training seed producers {#sec-1-crr-ny-96.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.8}

Only growers or firms approved by the certifying agency shall be eligible to produce certified seed. Approval shall be based on the suitability of the land for seed production, ownership or access to acceptable seed processing equipment and the background, training, experience and integrity of the grower. The seed certifying agency will conduct educational programs to aid producers in the successful production and processing of certified seed.

1 CRR-NY 96.9 Handling of crop prior to inspection {#sec-1-crr-ny-96.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.9}

Roguing of off-type plants, objectionable crop plants and weeds is required prior to field inspection. Field boundaries shall be designated prior to field inspection.

1 CRR-NY 96.10 Establishing the source of seed {#sec-1-crr-ny-96.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.10}

In order to establish the source of seed used for the production of foundation, registered or certified seed the grower shall furnish documentary evidence to the certifying agency at the time of making application for field inspection. The documentary evidence shall consist of either a certification tag from a bag of seed planted, a signed affidavit giving the certification number or the seed lot number, or a sales record. This requirement shall apply whether the grower purchases eligible planting stock from another person or uses eligible seed or his own production.

1 CRR-NY 96.11 Qualifications for inspectors {#sec-1-crr-ny-96.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.11}

Inspection work requiring training shall be performed only by individuals trained under the supervision of the certifying agency.

1 CRR-NY 96.12 Management and condition of field {#sec-1-crr-ny-96.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.12}

Every field for which certification is requested shall show evidence of proper management and shall show that reasonable precaution has been taken to control contaminating crops and varieties and objectionable weeds, the seeds of which are indistinguishable or inseparable in available cleaning equipment from seed of the particular crop being inspected. Fields with excessive lodging or other conditions which make it difficult to perform satisfactory field inspection may be rejected for certification.

1 CRR-NY 96.13 Bulk certification {#sec-1-crr-ny-96.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.13}

(a) Certified seed may be sold in bulk by a grower after obtaining approval by the certifying agency. Procedures and standards are the same as for bagged seed.

(b) If a non-portable bin is the unit making up the lot, the maximum lot size is the capacity of that bin and a separate lot number and bulk sale certificate will be assigned for each filling.

(c) If the bin or bins are portable, such as pallet boxes, the lot number may be for the boxes in the sale up to the total amount described in the lot and may be covered by one bulk sale certificate per sale.

(d) Bulk handled seed, in addition to being properly identified by stencil label, or tag, when sold, must be accompanied by a bulk sale certification in lieu of an official tag. Such certificate shall be issued by the certifying agency on completion of all requirements for certification. Such sale is restricted to that of sale by producer grower to grower.

(e) If certification is not completed by the producer grower and such seed is sold in bulk to another producer grower, a bulk transfer certificate may be issued to the seller and a copy to accompany the shipment to the buyer with the producer’s field inspection report.

(f) If bulk-handled seed meeting all conditions for certification is sold to anyone other than a grower, such seed, when sold, shall be accompanied by a bulk transfer certificate. This transfer certificate may then be the basis for breakdown to bags requiring certified tags or labels or a bulk sales certificate when sold to a grower. Such service will require prior approval by the certifying agency.

1 CRR-NY 96.14 Seed failing to meet regular certification standards in respect to mechanical purity and/or germination {#sec-1-crr-ny-96.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.14}

(a) When certified seed of any kind, variety or class is in short supply due to circumstances beyond the control of certified seed growers, seed meeting all certification requirements in respect to variety purity, but failing to meet other standards, may be certified. The conditions under which seed is certified shall be prescribed jointly by the certifying agency and the commissioner. Seeds so certified shall be tagged with a green certification tag which shall clearly show the class of certified seed and the respects in which the seed to which it is attached does not meet regular certification standards. No seed shall be certified under this provision under conditions which will be injurious to the reputation of the certified seed.

(b) Foundation and registered seed failing to meet certification standards other than those affecting genetic purity may be identified as approved planting stock for the production of certified seed in New York State upon the approval of the certifying agency. The tag attached to such seed shall clearly show the class of certified seed that may be produced using these planting stocks and the respects in which the seed does not meet regular certification standards.

(c) Should amounts of foundation seed be inadequate to meet demands for planting stock due to fire, drought or other disaster, the certifying agency in consultation with the Department of Agriculture and Markets shall be authorized to locate, purchase and distribute as “approved planting stock” any appropriate and suitable seed.

1 CRR-NY 96.15 Complying with Federal and State seed laws {#sec-1-crr-ny-96.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.15}

Responsibility for any obligations relating to proper labeling of seed, other than those concerned with certification (e.g., proper techniques in establishing genetic identity of seed), arising from the sale or shipment of seed which has been certified, rests with the grower or subsequent handler making the sale or shipment.

1 CRR-NY 96.16 Carry-over seed {#sec-1-crr-ny-96.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.16}

All carry-over seed for which certification has not been completed but which is eligible for certification must be reported to the certifying agency by August 15th of the year following the production season. Failure to report will disqualify the seed for certification. Carry-over certified seed shall have a current laboratory report from an approved laboratory based on a newly taken representative sample of the seed lot and shall meet all applicable certification standards.

1 CRR-NY 96.17 Rejection of certification {#sec-1-crr-ny-96.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.17}

In addition to the failure to meet any of the other certification standards set forth in this Part, any lot of seed may also be rejected for certification if its quality is substandard for reasons such as insect infestation, disease, poor cultural practices that interfere with disease identification, or other conditions or characteristics that could adversely affect the performance of the seed.

1 CRR-NY 96.18 Phyto-inspected seed {#sec-1-crr-ny-96.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.18}

(a) Phyto-inspected shall be a term applied to seed of a crop from a field inspected for and meeting disease tolerance for that crop.

(b) Phyto-inspection services may be provided for certain crops and certain varieties of such crops under the following conditions:

(1) If the variety and crop are approved for this service by the certifying agency.

(2) Unless otherwise specified the crop and variety approved for phyto-inspection service will be required to meet the pathological standards presently stated for that crop in the current seed certification regulations.

(3) An application entered for phyto-inspection for a new variety or crop must be submitted to the certifying agency at least 12 months prior to the stated deadline dates for the application for field inspection.

(4) Applications for phyto-inspection services are due on the same dates announced for standard certification services.

(c) A certificate and/or special label may be provided by the certifying agency stating the limitation of the services provided regarding the specific lot of seed harvested from the phyto-inspected field.

1 CRR-NY 96.19 Advisory committee {#sec-1-crr-ny-96.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.19}

The Board of Directors of the New York Seed Improvement Cooperative, Inc. may serve as an advisory committee to the certifying agency and the department on matters relating to seed certification.

1 CRR-NY 96.20 to 96.21 to 96.21 [Repealed] {#sec-1-crr-ny-96.20-to-96.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 96.20 to 96.21}

Part 97 SMALL GRAIN SEED CERTIFICATION STANDARDS

1 CRR-NY 97.1 Application and amplification of general certification standards {#sec-1-crr-ny-97.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 97.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of small grains.

1 CRR-NY 97.2 Land requirements {#sec-1-crr-ny-97.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 97.2}

(a) A crop of winter grain will not be eligible for certification if planted on land on which any winter grain was grown the previous year.

(b) A crop of spring grain may be grown where the previous crop was of the same or higher certification class of the same variety.

1 CRR-NY 97.3 Field inspection {#sec-1-crr-ny-97.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 97.3}

(a) An inspector of the certifying agency shall make at least one field inspection of each field entered for certification.

(b) Field inspection shall be made after the crop is fully headed when varietal or crop mixtures can be determined.

(c) The inspector shall cross the field sufficiently to evaluate accurately the factors affecting the eligibility for certification.

1 CRR-NY 97.4 Field standards {#sec-1-crr-ny-97.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 97.4}

(a) General.

(1) The field shall be considered the unit of certification. A field cannot be divided for purposes of certification unless satisfactory isolation exists.

(2) Isolation:

(i) Wheat, oats, barley, triticale, spelt. A strip of ground adequate to prevent mechanical mixtures, but no less than three feet wide, which is either mowed, uncropped, or planted to some crop other than the kind being certified, must be present between any plantings of wheat, oats, barley, triticale or spelt, and any other such plantings or combination of plantings.

(ii) Rye. A field producing any class of certified seed must be isolated by at least 660 feet from fields of any other variety or the same variety of lower certified seed class.

(3) A field producing either foundation or registered seed being grown from seed which has been treated for the control of loose smut shall be isolated at least 330 feet from other fields or the same crop which are not planted to treated seed.

(b) Specific requirements.

| | | | | | --- | --- | --- | --- | | Maximum permitted in each class | | | | | Factor | Foundation | Registered | Certified | | Other varieties1 | none | 0.02% | 0.05% | | Inseparable other crops2 | none | none | 0.03% | | Prohibited weeds3 | none | none | none | | Seed–borne diseases: | | | | | 1. Common bunt or stinking smut of wheat | 0.001% | 0.01% | 0.10% | | 2. Loose smut of wheat | 0.10% | 0.25% | 0.50% | | 3. Dwarf bunt in wheat | none | none | 1 plant/acre |

Other varieties shall be considered to include offtype plants not typical of the variety that can be differentiated from the variety that is being inspected.

Inseparable other crops shall include crop plants, seed of which cannot be thoroughly removed by the usual methods of cleaning. Winter barley and winter wheat fields shall be free of rye.

Certified small grain fields shall be free of corn cockle (Agrostemma githago), wild onion and/or garlic (Allium spp) and the following vetches: hairy (Vicia villosa), narrow leaf (V. angustifolia), and common (V. sativa).

1 CRR-NY 97.5 Seed standards {#sec-1-crr-ny-97.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 97.5}

(a) General provisions.

| | | | | | --- | --- | --- | --- | | Class of seed | | | | | Factor | Foundation | Registered | Certified | | Pure seed (minimum) | 99.00% | 99.00% | 99.00% | | Inert matter (maximum) | 1.00% | 1.00% | 1.00% | | Weed seeds (maximum) | 2 per lb. | 5 per lb. | 0.03% | | Objectionable weed seeds | none | none | none | | Other crops, excluding other varieties (maximum) | 2 per lb. | 5 per lb. | 10 per lb. | | Other small grains of same growing season (maximum) | none | 1 per lb. | 5 per lb. | | Other distinguishable varieties (maximum) | none | 2 per lb. | 10 per lb. | | Germination (minimum): | | | | | Wheat, oats, barley, triticale, spelt | 80% | 85% | 85% | | Rye | 80% | 80% | 80% |

(b) Additional provisions.

(1) The maximum number of all weed seeds in the certified class of seed shall not exceed 15 seeds per pound of grain in oats or barley, and 10 per pound in rye, spelt, triticale, and wheat.

(2) Weeds considered as objectionable are quackgrass (Elytrigia repens), charlock (wild mustard) (Brassica kaber), and other wild Brassica species; Canada thistle (Cirsium arvense), corn cockle (Agrostemma githago), dodder (Cuscuta spp.), bindweed (Convolvulus arvensis), horsenettle (Solanum carolinense), wild onion (Allium spp.), wild radish (Raphanus raphanistrum), Russian knapweed (Acroptilon repens), bedstraw (Galium spp.) and leafy spurge (Euphorbia esula).

(3) All certified small grain seed shall be free of vetch (Vicia spp.). Certified winter barley and wheat seed shall also be free of rye seeds.

(4) Variations which are typical of the variety shall not be included as other varieties.

(5) Fatuoid oats will be scored as pure seed.

(6) In the fluorescence test of oats, the following tolerances for off-types will be permitted. Foundation class – 9 seeds for pound; registered class – 18 seeds per pound; certified class – 36 seeds per pound.

Part 98 BIRDSFOOT TREFOIL SEED CERTIFICATION STANDARDS

1 CRR-NY 98.1 Application and amplification of general certification standards {#sec-1-crr-ny-98.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 98.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for certification of birdsfoot trefoil.

(b) Section 96.3 of the general standards is amplified as follows to apply specifically to birdsfoot trefoil seed: Classes and sources of certified seed:

(1) The region of adaptation of Empire and Viking birdsfoot trefoil shall be New York State and all other States and portions thereof located between the Canadian boundary and the 40th parallel except in the extreme west where the southern boundary shall be the California-Oregon State line.

(2) When a variety is grown outside its designated region of adaptation, certification shall be limited to one generation. The class thus produced shall be the certified class.

(3) When the Empire and Viking varieties of birdsfoot trefoil are grown within the region of adaptation, certification shall be limited to three generations of increase from breeder seed. The three generations shall be foundation, registered and certified. Certified seed shall not be eligible as planting stock for the growing of certified seed.

1 CRR-NY 98.2 Land requirements {#sec-1-crr-ny-98.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 98.2}

(a) Foundation seed for the production of registered seed shall be planted on land on which no birdsfoot trefoil except the same variety and class of certified seed was grown or planted during the five years prior to the one in which the present stand was planted. During the year immediately prior to seeding, the land shall have been in a cultivated crop and the land shall be free from volunteer plants. No manure or other contaminating amendments shall be applied during established and productive life of the stand.

(b) Registered or foundation seed for the production of certified seed shall be planted on land on which no birdsfoot trefoil, except seed of the same variety which is eligible for certification, has been grown or planted during the three years prior to the one in which the present stand was planted. During the year immediately prior to seeding, the land shall have been in a cultivated crop and the land must be free from volunteer plants. No manure or other contaminating amendments shall be applied during established and productive life of the stand.

1 CRR-NY 98.3 Field inspection {#sec-1-crr-ny-98.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 98.3}

(a) A field inspection will be made at the time that offtypes and varietal admixtures can most readily be detected.

(b) Each grower shall file with the manager's office of the certifying agency a farm map showing separate fields, properly identified, together with a record of each field showing the date of planting, seed used, and other pertinent information. In the case of a field being entered in the certification program for the first time, a complete history for five years previous to birdsfoot trefoil planting shall be given. Each grower must keep a duplicate up-to-date farm map showing separate seed fields as a guide to proper identification for certification purposes and chronological history of the fields. The grower's copy shall be made available to the inspector.

1 CRR-NY 98.4 Field standards {#sec-1-crr-ny-98.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 98.4}

(a) General.

(1) A seed field shall be considered the unit for certification. A strip at least five feet in width and which is mowed, uncropped or planted to some crop other than the kind in question shall constitute a field boundary.

(2) Isolation requirements. All fields used for the production of foundation, registered, or certified seed must be isolated from other strains not meeting purity requirements for certified seed of the same species in accordance with the distances listed below:

| | | | | --- | --- | --- | | Class | Fields of less than 5 acres | Fields of 5 acres or more | | Foundation | 80 rods | 80 rods | | Registered | 40 rods | 40 rods | | Certified | 20 rods | 10 rods | | Different generation of same variety | 10 rods | 10 rods | | | | |

(3) Volunteer plants shall be cause for rejection or reclassification of a seed field.

(4) Seed fields outside the region of adaptation. Certification of seed fields outside the region of adaptation of a variety shall be limited to stands not exceeding six years of age.

(b) Specific requirements.

| | | | | | --- | --- | --- | --- | | Maximum permitted in each class | | | | | Factor | Foundation | Registered | Certified | | Other varieties1 | 0.10% | 0.25% | 0.50% | | Sweet clover | none | none | 80 per acre | | Objectionable weeds whose seeds are inseparable2 | none | none | none |

Other varieties shall be considered to include offtype plants and plants that can be differentiated from the variety that is being inspected.

Objectionable weeds whose seeds are inseparable are dodder (Cuscuta spp.) and bedstraw (Galium aparine), (Galium mollugo) and (Galium verum).

1 CRR-NY 98.5 Seed standards {#sec-1-crr-ny-98.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 98.5}

| | | | | | --- | --- | --- | --- | | Class of seed | | | | | Factor | Foundation | Registered | Certified | | Pure seed (minimum) | 99.50% | 99.25% | 98.25% | | Weed seeds (maximum) | 0.10% | 0.20% | 0.25% | | Objectionable weeds (maximum)1 | 4 per lb. | 9 per lb. | 27 per lb. | | Inert matter (maximum) | 0.25% | 0.25% | 0.50% | | Other crop seeds (maximum) | 0.10% | 0.10% | 1.00% | | Sweet clover (maximum) | 4 per lb. | 4 per lb. | 90 per lb. | | Germination (minimum) | 45% | 45% | 45% | | Total of germination and hard seeds (minimum) | 85% | 85% | 85% | | or | | | | | Germination (minimum) | 55% | 55% | 55% | | Total of germination and hard seeds (minimum) | 80% | 80% | 80% |

Objectionable weeds are: Bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata), docks: curly (Rumex crispus), bitter (R. obtusifolius), green (R. conglomeratus), smooth (R. altissimus), sour (R. acetosa), sorrel (Rumex acetosella), giant foxtail (Setaria faberii), and wild carrot (Daucus carota). Birdsfoot trefoil seed shall be free of the following weed seeds: Bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dogbane (Apocynum cannabium), horsenettle (Solanium carolinense), leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), Russian knapweed (Centaurea repens), white top (Lepirium draba)—(Hymenophysa pubescens), bedstraw (Galium spp.), dodder (Guscuta spp.), perennial sow thistle (Sonchus arvensis), quackgrass (Agropyron repens), corn cockle (Agrostemma githago) and wild onion (Allium spp.).

Part 99 RED CLOVER SEED CERTIFICATION STANDARDS

1 CRR-NY 99.1 Application and amplification of general certification standards {#sec-1-crr-ny-99.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 99.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for certification of red clover.

(b) Section 96.4 of Part 96 of this Subchapter is amplified as follows to apply specifically to red clover:

Classes and sources of certified seed:

When a strain or variety is grown within its designated region of adaptation, certification shall be limited to two generations from breeder seed. These generations are (1) foundation, (2) certified. The certified seed shall not be used for further production of certified seed.

1 CRR-NY 99.2 Land requirements {#sec-1-crr-ny-99.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 99.2}

(a) A field established for the production of foundation seed shall be planted on land on which no red clover plants of another strain or variety have been grown within the preceding three years, during which time at least two cultivated crops have intervened. No manure or other contaminating material shall be applied one year preceding or during the production period of the stand.

(b) Foundation seed for the production of certified seed shall be planted only on land on which no red clover plants of another strain or variety have grown or been planted during the previous three years, during which at least one cultivated crop has intervened. No manure or other contaminating material shall be applied one year preceding or during the production period of the stand.

1 CRR-NY 99.3 Field inspection {#sec-1-crr-ny-99.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 99.3}

(a) A field inspection will be made at the time that offtypes and varietal admixtures can most readily be detected.

1 CRR-NY 99.4 Field standards {#sec-1-crr-ny-99.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 99.4}

(a) General.

(1) Unit of certification.

A field or portion of a field may be certified if the area to be certified is clearly defined. Portions of a field not meeting requirements for certification must not be allowed to reach the seed stage.

(2) A field producing certified seed must have the minimum isolation distance from fields of any other variety that do not meet varietal purity requirements for certification, as given in the following table:

| | | | | --- | --- | --- | | Red clover | Fields of less than 5 acres | Fields of 5 acres or more | | Certified | 20 rods | 10 rods | | Foundation | 80 rods | 80 rods | | | | |

(b) Specific requirements.

| | | | --- | --- | | Factor | Maximum permitted Certified | | Other varieties1 | 0.50% |

Other varieties shall be considered to include plants that can be differentiated from the variety that is being inspected.

1 CRR-NY 99.5 Seed standards {#sec-1-crr-ny-99.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 99.5}

| | | | --- | --- | | Factor | Certified | | Pure seed (minimum) | 99.00% | | Sweet clover (maximum) | 90 per lb. | | Other crop seeds (maximum) | 0.25% | | Inert matter (maximum) | 1.00% | | Weed seeds (maximum) | 0.25% | | Objectionable weeds (maximum)1 | 90 per lb. | | Total (germination) and hard seeds (minimum) | 85% |

Objectionable weeds are: Bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata) docks: curly (Rumex cripus), bitter (R. obtusfolius), green (R. conglomeratus), smooth (R. altissimus), sour (R. acetosa); sorrel (Rumex acetosella), giant foxtail (Setaria faberii), and wild carrot (Daucus carota). Red clover seed shall be free of the following weed seeds: Bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dogbane (Apocynum cannabinum), horsenettle (Solanum carolinense), leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), Russian knapweed (Centaurea repens), white top (Lepidium draba)—(Hymenophysa pubescens), bedstraw (Galium spp.), dodder (Cuscuta spp.), perennial sow thistle (Sonchus arvensis), quackgrass (Agropyron repens), corn cockle (Agrostemma githago) and wild onion (A llium spp.).

Part 100 BROMEGRASS AND TIMOTHY SEED CERTIFICATION STANDARDS

1 CRR-NY 100.1 Application and amplification of general certification standards {#sec-1-crr-ny-100.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 100.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of grass seed.

1 CRR-NY 100.2 Land requirements {#sec-1-crr-ny-100.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 100.2}

(a) Breeder seed for the production of foundation seed shall be planted on land on which no seed of the same species has grown or been planted during the previous five years. Land must be free from volunteer plants.

(b) Foundation or registered seed for the production of registered or certified seed respectively shall be planted on land on which no seed of the same species has grown or been planted during the previous year, except for foundation, registered, or certified seed of the same strain. The land shall be free from volunteer plants.

1 CRR-NY 100.3 Field inspection {#sec-1-crr-ny-100.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 100.3}

(a) A field inspection will be made at the time that offtypes and varietal admixtures can most readily be detected.

1 CRR-NY 100.4 Field standards {#sec-1-crr-ny-100.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 100.4}

(a) General.

(1) A seed field shall be considered the unit for certification. A strip at least five feet in width and which is mowed, uncropped, or planted to some crop other than the kind in question shall constitute a field boundary.

(2) Isolation requirement.

All fields used for the production of foundation, registered, or certified seed must be isolated from other strains of the same species in accordance with the distance listed below:

| | | | | | --- | --- | --- | --- | | | Foundation | Registered | Certified | | All cross pollinated species (Broomegrass, Timothy, etc.) | 80 rods | 40 rods | 20 rods |

(b) Specific requirements.

| | | | | | --- | --- | --- | --- | | Maximum permitted in each class | | | | | | Foundation | Registered | Certified | | Other varieties1 | none | 0.25% | 0.50% |

Other varieties shall be considered to include offtype plants that can be differentiated from the variety being inspected.

(c) Eligible sources of seed.

Certified seed of grasses shall not be planted for the growing of certified seed. Foundation seed shall be planted for the growing of registered seed and either foundation or registered seed shall be planted for the growing of certified seed.

1 CRR-NY 100.5 Seed standards {#sec-1-crr-ny-100.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 100.5}

| TIMOTHY | | | | | | --- | --- | --- | --- | --- | | | | | | | | Class of seed | | | | | | | | | | | | Factor | Foundation & Registered | Certified | Foundation & Registered | Certified | | Pure seed (minimum) | 99.20% | 99.00% | 85.00% | 85.00% | | Weed seed maximum | 0.10% | 0.10% | 0.25% | 0.50% | | Objectionable weeds (maximum)1 | none | 9 per lb. | none | 9 per lb. | | Inert matter (maximum) | 0.50% | 0.50% | 15.00% | 15.00% | | Other crops seeds (maximum) | 0.20% | 0.50% | 0.20% | 0.50% | | Germination (minimum) | 85% | 85% | 80% | 80% |

Objectionable weeds are: Bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata), docks: curly (Rumex crispus), bitter (R. obtusifolius), green (R. conglomeratus), smooth (R. altissimus), sour (R. acetosa); sorrel (Rumex acetosella), giant foxtail (Setaria faberii), and wild carrot (Daucus carota). Bromegrass seed shall be free of the following weed seeds: Bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dogbane (Apocynum cannabinum), horsenettle (Solanum carolinense), leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), Russian knapweed (Centaurea repens), white top (Lepidium draba)— (Hymenophysa pubescens), bedstraw (Galium spp.), dodder (Cuscuta spp.), perennial sow thistle (Sonchus arvensis), quackgrass (Agropyron repens), corn cockle (Agrostemma githago) and wild onion (Allium spp.). Climax and Essex timothy shall be free of the weeds listed in the paragraph above except that in the case of pennycress (Thlaspi arvense), Canada thistle (Cirsium arvense), and perennial sow thistle (Sonchus arvensis), the lot shall be eligible for certification as the certified class of seed providing that a representative one half pound sample, (ref. § 96.11), contains not more than a total of two seeds of any one or combination of these three weeds.

Part 101 KENTUCKY BLUEGRASS SEED CERTIFICATION STANDARDS

1 CRR-NY 101.1 Application and amplification of general certification standards {#sec-1-crr-ny-101.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 101.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of grass seed.

(b) Section 96.3 of the general standards is amplified as follows:

Classes and sources of certified seed:

Certified seed is the progeny of foundation or registered seed. Only the certified class of seed is eligible for certification by the New York Seed Improvement Cooperative, Inc.

1 CRR-NY 101.2 Land requirements {#sec-1-crr-ny-101.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 101.2}

Foundation or registered seed for the production of certified seed shall be planted on land which has not grown or been seeded to this grass during the previous 3 years unless the previous crop was of the same variety and passed certification requirements.

1 CRR-NY 101.3 Field inspection {#sec-1-crr-ny-101.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 101.3}

(a) A field inspection will be made at the time that offtypes and varietal admixtures can most readily be detected.

1 CRR-NY 101.4 Field standards {#sec-1-crr-ny-101.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 101.4}

(a) General.

(1) The field shall be considered the unit of certification. A strip at least five feet in width and which is mowed, uncropped, or planted to some other crop shall constitute a field boundary.

(2) Isolation requirement.

Fields for the production of certified seed shall be isolated from other strains of bluegrass by five rods.

(b) Specific requirements.

| | | | --- | --- | | Smut maximum | 0.50% | | Other varieties including offtype plants | 100% |

1 CRR-NY 101.5 Seed standards {#sec-1-crr-ny-101.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 101.5}

| | | | --- | --- | | Factor | Certified | | Pure seed (minimum) | 85.00% | | Weed seeds (maximum) | 0.50% | | Objectionable weeds (maximum)1 | 9 per lb. | | Inert matter (maximum) | 15.00% | | Other crops, excluding other varieties (maximum) | 0.50% | | Other grass species (maximum) | 0.25% | | Other distinguishable varieties (maximum) | 3.00% | | Germination (minimum) | 75.00% |

Objectionable weeds are: Bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata), docks: curly (Rumex crispus), bitter (R. obtusifolius), green (R. conglomeratus), smooth (R. altissimus), sour (R. acetosa); sorrel (Rumex acetosella), giant foxtail (Setaria faberii), and wild carrot (Daucus carota). Kentucky bluegrass seed shall be free of the following weed seeds: Bindweed (Convol vulus arvensis), Canada thistle (Cirsium arvense), dogbane (Apocynum cannabinum). horsenettle (Solanum carolinense), leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), Russian knapweed (Centaurea repens), white top (Lepidium draba)-(Hymeno physa pubescens), bedstraw (Galium spp.), dodder (Cuscuta spp.), perennial sow thistle (Sonchus arvensis), quackgrass (Agropyron repens), corn cockle (Agrostemma githago) and wild onion (Allium spp.).

Part 102 FIELD BEAN SEED CERTIFICATION STANDARDS

1 CRR-NY 102.1 Application and amplification of general certification standards {#sec-1-crr-ny-102.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 102.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of field beans.

(b) Section 96.3 of the general standards is amplified as follows: A field of any variety, for which foundation seed stocks are maintained by the New York Seed Improvement Cooperative, Inc. will be eligible for certification only if planted with registered seed or foundation seed.

1 CRR-NY 102.2 Land requirements {#sec-1-crr-ny-102.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 102.2}

(a) Foundation seed shall not be produced on land on which beans were grown the previous year.

(b) A field must be free from volunteer bean plants.

1 CRR-NY 102.3 Field inspection {#sec-1-crr-ny-102.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 102.3}

One or more field inspections will be made at the time or times when diseased and off-type plants can best be detected.

1 CRR-NY 102.4 Field standards {#sec-1-crr-ny-102.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 102.4}

(a) General.

(1) Unit of certification.

The unit of certification shall be a field, or portion of a field separated from the remainder by a definite boundary of at least 50 feet wide not planted to beans.

(2) Isolation requirement.

Different varieties shall be isolated by at least:

| Foundation | Registered | Certified | | --- | --- | --- | | 50 feet | 50 feet | 50 feet |

(3) Approval of areas.

Bean inspection service shall be limited to areas of New York State approved by the New York State College of Agriculture Seed Committee and the certifying agency.

(b) Specific standards.

| | | | | | --- | --- | --- | --- | | Maximum permitted in each class | | | | | Factor | Foundation | Registered | Certified | | Other varieties2 | none | 0.05% | 0.10% | | Other crops (inseparable) | none | none | 0.10% | | Bacterial blight1 | none | none | 0.0001% | | Mosaic (common)2 | none | 0.25% | 0.50% | | Anthracnose1 | none | 0.001% | 0.0002% |

The percentage of anthracnose and blights applies to pods.

The percentage of mosaic and mixture applies to plants.

1 CRR-NY 102.5 Seed standards {#sec-1-crr-ny-102.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 102.5}

| | | | | | --- | --- | --- | --- | | Standards for each class | | | | | Factor | Foundation | Registered | Certified | | Pure seed (minimum) | 99.00%1 | 99.00%1 | 99.00%1 | | Weed seeds | none | none | none | | Inert matter: including splits, dirt, etc. (maximum) | 1.00%2 | 1.00%2 | 1.00%2 | | Other distinguishable varieties or offtype seed (maximum) | none | none | none4 | | Other crops excluding other varieties (maximum) | none | none | none | | Total damage: including disease, insect damage, shrivelled seed and discoloration due to weathering (maximum)3 | 2.00% | 2.00% | 2.00% | | Bacterial blight (maximum) | none | none | 0.0001% | | Anthracnose (maximum) | none | 0.0001% | 0.0002% | | Moisture (maximum) | 18.00% | 18.00% | 18.00% | | Germination (minimum) | 85.00% | 85.00% | 85.00% | | | | | |

1 97% for varieties of the Marrow type.

2 3.00% for varieties of the Marrow type.

3 Discoloration due to weathering is that caused by the growth of molds of bacteria on the seed coat as result of wet weather at harvest time or by improper storage.

4 0.50% for the Yelloweye variety.

Part 103 COMMERCIAL HYBRID CORN SEED CERTIFICATION STANDARDS

1 CRR-NY 103.1 Application and amplification of general certification standards {#sec-1-crr-ny-103.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 103.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of commercial hybrid corn.

(b) Section 96.3 of the general standards is modified as follows: Only the certified class is recognized.

(c) A commercial hybrid to be certified must be produced from certified foundation seed or seed stock approved by the College of Agriculture seed committee.

(d) A commercial hybrid is one to be planted for the production of feed or any other commercial or farm use except seed. It may be a (1) double cross (2) three way cross or (3) single cross.

(e) A closed pedigree hybrid may be certified provided the producer submits an affidavit with his application designating the hybrid. Pedigrees of these hybrids may be coded. Seed produced under this program will be designated “Certified” and marked with a distinctly colored tag and labeled as a closed pedigree hybrid. Such hybrids shall be listed separately with adequate and proper explanation in the seed directory published annually by the cooperative.

1 CRR-NY 103.2 Land requirements {#sec-1-crr-ny-103.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 103.2}

There are no requirements as to previous crop.

1 CRR-NY 103.3 Field inspection {#sec-1-crr-ny-103.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 103.3}

At least three field inspections shall be made during the pollinating period, said inspections to be made without previous notification to the grower.

1 CRR-NY 103.4 Field standards {#sec-1-crr-ny-103.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 103.4}

(a) General.

(1) Unit of certification.

The unit of certification shall be a field, but a portion of the field may be approved for certification, provided the remainder is designated specifically, harvested separately and the seed is eliminated from certification.

(2) Isolation requirement.

A specific commercial hybrid to be inspected for certification must be so located that the ear parent is not less than 40 rods from other corn, provided; however, that the distance may be modified, depending on the acreage of the specific cross by the planting of border rows of pollen parent and except also as shown in subdivision (b), (1) and (2) below. The following table applies to all sides of the specific cross exposed to contamination from other corn, whether located directly opposite or diagonally, and indicates the minimum number of border rows required for fields of various sizes when located at different distances from the contaminating corn:

| | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | When the number of acres in the crossing field is: | | | | | | | | | | 9 or less | 10-14 | 15-19 | 20-24 | 25-29 | 30-34 | 35-39 | 40 or over | Then at least this number of border rows is required | | and the distance of the ear parent from other corn is at least | | | | | | | | | | Rods | Rods | Rods | Rods | Rods | Rods | Rods | Rods | | | 40 | 39 | 38 | 37 | 36 | 35 | 34 | 33 | 1 | | 37.5 | 36.5 | 35.5 | 34.5 | 33.5 | 32.5 | 31.5 | 30.5 | 2 | | 35 | 34 | 33 | 32 | 31 | 30 | 29 | 28 | 3 | | 32.5 | 31.5 | 30.5 | 29.5 | 28.5 | 27.5 | 26.5 | 25.5 | 4 | | 30 | 29 | 28 | 27 | 26 | 25 | 24 | 23 | 5 | | 27.5 | 26.5 | 25.5 | 24.5 | 23.5 | 22.5 | 21.5 | 20.5 | 6 | | 25 | 24 | 23 | 22 | 21 | 20 | 19 | 18 | 7 | | 22.5 | 21.5 | 20.5 | 19.5 | 18.5 | 17.5 | 16.5 | 15.5 | 8 | | 20 | 19 | 18 | 17 | 16 | 15 | 14 | 13 | 9 | | 17.5 | 16.5 | 15.5 | 14.5 | 13.5 | 12.5 | 11.5 | 10.5 | 10 | | 15 | 14 | 13 | 12 | 11 | 10 | 9 | 8 | 11 | | 12.5 | 11.5 | 10.5 | 9.5 | 8.5 | 7.5 | 6.5 | 5.5 | 12 | | 10 | 9 | 8 | 7 | 6 | 5 | 4 | 3 | 13 | | | | | | | | | | |

(b) Use of border rows to modify isolation requirements shall not apply:

(1) For corn where the contaminating field is sweet corn or of types other than that being grown for certification.

(2) When differential maturity dates prevail and providing there are no receptive silks in the ear parent at the time pollen is being shed in the contaminating corn.

(3) Where natural barriers such as (i) woods intervene which are three rods or more in width and have sufficiently dense foliage to prevent cross pollination and (ii) where a thick hedge row 20 feet or more in height intervenes plus 10 rows of pollen parent.

(c) Detasseling.

The following requirements apply only when five per cent or more of the parent plants have apparently receptive silks.

(1) A commercial hybrid will be disqualified for certification if more than one per cent of the ear parent stalks have shed pollen on any one inspection or if the total for three inspections on different dates exceeds two per cent.

(2) Sucker tassels, portions of tassels, or tassels on main plants will be counted as shedding pollen when two inches or more of the central stem, the side branches or a combination of the two have the anthers extended from the glumes.

1 CRR-NY 103.5 Seed standards {#sec-1-crr-ny-103.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 103.5}

(a) General provisions.

| | | | --- | --- | | Factor | Certified | | Pure seed (minimum) | 99.25% | | Weed seeds | none | | Inert matter (maximum) | 0.50% | | Other crops, excluding other varieties (maximum) | 0.05% | | Other distinguishable varieties (maximum) | 0.25% | | Germination (minimum) | 90% | | | |

(b) Grade standards.

(1) The designation of the grade of a specific lot of seed shall be at the discretion of the producer or distributor.

(2) The range in sizes of hybrid corn seed shall be no larger than 26/64 inch or smaller than 17/64 inch in width.

(3) The range in width of kernels in any given lot of seed shall be no greater than 4/64 of an inch.

(4) All lots of seed shall be graded for thickness.

(5) With the submission of each sample of seed for certification, there shall be a statement specifying the screen sizes over and through which the lot of seed represented by the sample was graded for thickness and width.

(6) The maximum off-grade tolerance shall be 10 per cent. No kernels shall be more than 1/64 of an inch larger than the grade and no more than one per cent shall be more than 1/64 of an inch smaller than the grade.

(7) Hybrids sold outside the State are exempt from these specific grade standards.

Part 104 FOUNDATION SINGLE-CROSS CORN SEED CERTIFICATION STANDARDS

1 CRR-NY 104.1 Application and amplification of general certification standards {#sec-1-crr-ny-104.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 104.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for certification of foundation single crosses of corn.

(b) Section 96.3 of the general seed certification standards is amplified as follows to apply specifically to foundation single crosses:

(1) Only the foundation class is recognized.

(2) A foundation single cross to be eligible for certification must be produced from inbred lines whose source assures their identity. Such inbred lines must be certified, and approved by the college seed committee.

(3) A foundation single cross shall consist of the first generation of a hybrid between two inbred lines to be used in the production of double, three-way, or top crosses.

1 CRR-NY 104.2 Land requirements {#sec-1-crr-ny-104.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 104.2}

There are no requirements as to previous crop.

1 CRR-NY 104.3 Field inspection {#sec-1-crr-ny-104.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 104.3}

At least four inspections shall be made by an inspector of the certifying agency before and during the pollinating period, said inspections to be made without previous notification to the grower.

1 CRR-NY 104.4 Field standards {#sec-1-crr-ny-104.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 104.4}

(a) General.

(1) Unit of certification.

The entire acreage of any one specific foundation single cross grown by and/or belonging to one applicant must be eligible and be inspected. Any field or portion of a field failing to meet requirements must be so disposed of that it cannot be used for seed purposes.

(2) Isolation requirement.

A production field of a specific foundation single cross involving male sterile material must be so located that it is not less than 40 rods from any other kind of corn. In case of normal single cross seed production fields, the following exceptions will apply:

(i) Adequate natural barriers for modifying isolation distances; and

(ii) Differential maturity dates may permit modifying isolation distances, provided that there are no receptive silks in the ear parent at the time pollen is being shed in the contaminating field.

(3) Detasseling.

The following requirements apply only when 5.0 per cent or more of the ear parent plants have apparently receptive silks:

(i) A foundation single cross will not be accepted for certification if on any one inspection more than 1.0 per cent of the ear parent plants have shed pollen, or on any three inspections on different dates exceeds 2.0 per cent;

(ii) When more than one combination is being grown in the same isolation and the ear parent of one or more of them is shedding pollen in excess of 1.0 per cent, all ear parents having five per cent or more apparently receptive silks at that time will be disqualified unless adequately isolated from the shedding ear parent;

(iii) Sucker tassels, portions of tassels on main plants will be counted as shedding pollen when two inches or more of the central stem, the side branches or a combination of the two have the anthers extended from the glumes.

(b) Specific requirements.

(1) An isolation in which more than 0.1 per cent definitely offtype, or more than 1.0 per cent, doubtful-type plants in the pollen parent have shed pollen, will not be certified.

(2) At the time of the last inspection the ear parent shall not contain in excess of 0.1 per cent definitely offtype or 1.0 per cent doubtful-type plants.

(3) Any plant shedding pollen in the male sterile rows must be completely destroyed.

1 CRR-NY 104.5 Seed standards {#sec-1-crr-ny-104.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 104.5}

Foundation single crosses shall be ear-inspected after maturity by the certifying agency. They shall not contain in excess of 0.1 per cent of definitely offtype or more than 0.2 per cent of ears with off-colored kernels.

Part 105 TOMATO SEED CERTIFICATION STANDARDS

1 CRR-NY 105.1 General requirements {#sec-1-crr-ny-105.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 105.1}

(a) Certification is limited to only those varieties which are approved by the College of Agriculture Seed Committee and the certifying agency.

(b) Each applicant will be required to furnish information as to the source of his seed stock and to furnish a reasonable and satisfactory guaranty as to its identity. Stock seed for the production of certified seed must be hot water treated.

1 CRR-NY 105.2 Field requirements {#sec-1-crr-ny-105.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 105.2}

(a) The term field as used herein applies to the area occupied by one variety of tomatoes planted or handled as a continuous operation which is covered by one inspection report. A portion of a field will not be accepted for inspection. Varieties must be separated by at least 30 feet.

(b) Certification may be denied to any field within 30 feet of a field where tomatoes were grown the previous year.

(c) Evidence of poor cultural care, or poor and uneven growth, or a serious injury by insects, or other conditions which make accurate inspection impossible will disqualify a field.

1 CRR-NY 105.3 Field inspections {#sec-1-crr-ny-105.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 105.3}

(a) There will be at least two field inspections, the first of which shall be before the first picking. Fields are subject to inspection at any time without notice to the grower.

(b) The guide in making inspections for general conformity to type of the variety named shall be an official description obtained from originator of the variety and on file in the office of the certification agency, or a description in any accepted standard.

1 CRR-NY 105.4 Field standards {#sec-1-crr-ny-105.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 105.4}

(a) Not over 0.5 percent mixture (distinctly off-type plants) will be allowed on first inspection. No more than 0.25 percent mixture shall be allowed on second inspection. All rogued plants and fruits shall be removed immediately from the fields.

(b) Fields showing more than 0.10 percent of bacterial canker or bacterial fruit spot will be rejected. Fields showing streak, Fusarium wilt or Verticillium wilt will be disqualified if any one or a combination of these diseases is present to such an extent as to mask or make impossible the recognition of other diseases which may be present. Any field showing more than 10 percent of the foliage affected by Septoria blight or more than five percent of the fruit affected by potato late blight or buckeye rot (Phytophthora footrot) at any one inspection shall be rejected. The presence of an unusally large number of weak plants, the cause of which might be a diseased condition, shall disqualify a field. No infection with bacterial wilt (Pseudomonas solanacearum) nor potato ring rot (Corynebacterium sepedoneium) will be permitted.

1 CRR-NY 105.5 Seed samples {#sec-1-crr-ny-105.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 105.5}

A representative one-ounce sample of the seed of each field (or blended lots of two or more fields) shall be taken for laboratory analysis by an authorized representative of the certifying agency. The sample shall be clearly marked with the grower's name and address and with the words “For Certification” and shall be sent prepaid to the State Seed Laboratory, Geneva, NY for such tests as may be required.

1 CRR-NY 105.6 Seed standards {#sec-1-crr-ny-105.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 105.6}

| Factor | Certified | | --- | --- | | Pure seed (minimum) | 98.00% | | Inert matter (maximum) | 2.00% | | Weed seeds | none | | Other crop seeds: | | | Other kinds (maximum) | 0.01% | | Other varieties (maximum) | 0.10% | | Germination (minimum) | 80.00% |

1 CRR-NY 105.7 Rules governing the sale of certified seed {#sec-1-crr-ny-105.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 105.7}

(a) New York certified tomato seed must conform to all provisions of this standard, also to all rules and regulations of the certifying agency and to the New York State seed law, and, when shipped outside the State, to the Federal Seed Act.

(b) Every package containing New York certified tomato seed shall be marked clearly with all required information, including:

(1) kind and variety;

(2) percentage germination and date of test; and

(3) registered identification number.

(c) Certification tags, labels or stamps appropriate for the grade will be furnished or authorized by the certifying agency and shall be attached to all packages containing certified seed.

(d) Seed held over more than nine months beyond the original date of certification shall not be recognized as certified. However, it shall be eligible for recertification, provided a representative sample of regular size be submitted which meets the current certification requirements. Furthermore, the grower and owner shall declare to the New York Seed Improvement Cooperative, Inc., in writing, and on forms provided by the cooperative, that it is the seed and no other seed than that originally certified. In case of recertification, new tags bearing date of last germination test and other data required by the State and Federal seed laws may be issued.

Part 106 SEED POTATO CERTIFICATION STANDARDS FOR FOUNDATION CLASSES

1 CRR-NY 106.1 Classification and eligibility for inspection {#sec-1-crr-ny-106.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 106.1}

(a) Limited generation.

All foundation seed shall be produced in a limited generation production scheme. Seed lots are limited to a maximum of six generations of propagation, designated as follows:

| Class | Generation | | --- | --- | | Foundation | G1 | | Foundation | G2 | | Foundation | G3 | | Foundation | G4 | | Foundation | G5 | | Foundation | G6 |

Generation numbers increase with years of production from the original seed source. Foundation class seed shall be downgraded automatically one generation each year. The generation year for foundation class seed shall be printed on tags by the certifying agency. When disease tolerances for a seed class or generation are exceeded, seed lots shall be lowered to the next acceptable seed classification or be rejected for certification. The term Uihlein will be used to further designate the first three generations of foundation seed originating from the Uihlein Farm of Cornell University.

(b) Foundation-Uihlein Generation 1.

(1) Seed obtained directly from the Uihlein Farm of Cornell University will be eligible for planting.

(2) Grower shall enter entire potato acreage for certification as foundation and/or certified seed.

(c) Foundation-Uihlein Generation 2.

(1) Seed one year removed from the Uihlein Farm of Cornell University and meeting the requirements of Foundation-Uihlein Generation 1 will be eligible for planting.

(2) Grower shall enter entire potato acreage for certification as foundation and/or certified seed.

(d) Foundation-Uihlein Generation 3.

(1) Seed two years removed from the Uihlein Farm of Cornell University and meeting the requirements of Foundation-Uihlein Generation 1 will be eligible for planting.

(2) Grower shall enter entire potato acreage for certification as foundation and/or certified seed.

(e) Foundation-Generations 1 through 6.

(1) Seed originating from the Uihlein Farm of Cornell University and meeting the requirements for foundation or bearing foundation tags from New York, other states or Canada will be eligible for planting.

(2) All foundation seed lots originating from outside New York State must meet minimum requirements of New York Blue Tag or New York Yellow Tag grades as confirmed by State or Federal-State inspection certification.

(3) New York White Tag grade is not eligible as planting stock for recertification unless it has been inspected by the Federal-State Inspection Service.

(4) Potatoes planted by New York certified seed growers utilizing planting stocks of their own production that are direct progeny from eligible planting stocks and have passed a winter test acceptable to the certifying agency.

(5) Grower shall enter entire potato acreage for certification as foundation and/or certified seed. Seed lots shall originate from in vitro culture in which all plantlets have tested free from potato viruses A, M, S, X, Y (all may cause the mosaic disease) and leafroll; potato spindle tuber viroid; Corynebacterium sepedonicum (causes the ring rot disease); and Erwinia carotovora (causes the soft rot and black leg diseases). Propagation of lots from the Uihlein Farm of Cornell University or equivalent sources will be limited to six years with a Generation 5 (G5) lot originating from outside New York State being the last generation eligible for planting. A three-year exemption will be permitted at the discretion of the certifying agency for numbered selections from breeding programs or for named varieties for which pathogen-tested seed lots do not exist or are not available.

1 CRR-NY 106.2 Restrictions applying to the production of foundation seed {#sec-1-crr-ny-106.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 106.2}

(a) Foundation-Uihlein Generation 1.

(1) Plantings shall be on land not used for potatoes the previous year.

(2) Seed grown on farms where bacterial ring rot is found during the current or previous season is not eligible for designation as Foundation-Uihlein Generation 1.

(b) Foundation-Uihlein Generations 2 and 3.

(1) Plantings shall be on land which was not used for potatoes the previous year. However, plantings may be made on the same field for two consecutive years, provided that seed of the same variety which meets foundation requirements is produced in both years and is approved by the certifying agency.

(2) Seed grown on farms where bacterial ring rot is found during the current or previous season is not eligible for designation as Foundation Generation 2 or 3.

(c) Foundation Generations 4 through 6.

(1) Plantings shall be on land not used for potatoes the previous year. However, plantings may be made on the same field for two consecutive years, provided seed of the same variety meeting foundation requirements is produced in both years and is approved by the certifying agency.

(2) Seed grown on farms where bacterial ring rot is found during the current season is not eligible for designation as Foundation.

1 CRR-NY 106.3 Florida test {#sec-1-crr-ny-106.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 106.3}

(a) One or more representative samples from each seed source shall be submitted from each field for planting in the Florida test plot. The number of tubers required to be submitted per sample shall be determined by the certifying agency. Tubers selected for the Florida test shall not be smaller than 1 ½ inches nor larger than 2 ¼ inches.

(b) Florida test results shall not show a total in excess of one half of one percent of virus (mosaics, leaf roll, other virus) and spindle tuber.

1 CRR-NY 106.4 General {#sec-1-crr-ny-106.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 106.4}

(a) The certifying agency may deny certification as foundation seed to any field or seed lot which, in its opinion, would be likely to produce potatoes unsuitable for foundation stock. For example, certification may be denied because of poor cultural practices, such as inadequate weed or blight control, which interfere with disease identification.

(b) All classes of foundation seed shall have a tolerance of 0.25 percent for varietal mixture.

(c) Requirements with respect to matters not specifically covered in the Seed Potato Certification Standards for Foundation Classes in this Part shall be the same as for certified class seed.

(d) Records required.

Each grower shall keep a record of persons from whom foundation seed was purchased. These records shall be available for examination by the official certifying agency or New York State Department of Agriculture and Markets represent active upon request. Such records shall include variety, quantity, field number(s) and other pertinent certification documents.

Part 107 SEED POTATO CERTIFICATION STANDARDS FOR CERTIFIED CLASSES

1 CRR-NY 107.0 [Repealed] {#sec-1-crr-ny-107.0 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 107.0}

1 CRR-NY 107.1 Definitions {#sec-1-crr-ny-107.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 107.1}

For the purposes of this Part:

(a) Field means the entire area occupied by one variety and one seed source of potatoes and which is covered by one inspection report. Fences, ditches, highways or strips planted to other crops may run through the field provided the separation is not excessive and other conditions are similar.

(b) Seed lot means a unit of tubers or plants increased clonally from a single source of tubers or plants. If two or more seed lots are commingled in the field or in storage, seed lots shall be classified at the lowest acceptable seed class or shall be rejected from certification as appropriate.

1 CRR-NY 107.2 Classification and eligibility for inspection {#sec-1-crr-ny-107.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 107.2}

(a) Limited generation.

All certified seed shall be produced in a limited generation production scheme. Seed lots are limited to a maximum of six generations of propagation as follows:

| Class | Generation | | --- | --- | | Certified | G1 | | Certified | G2 | | Certified | G3 | | Certified | G4 | | Certified | G5 | | Certified | G6 |

Generation numbers shall increase with years of production from the original seed source. Certified class seed shall be downgraded automatically one generation each year. The generation year for certified class seed shall be printed on tags by the certifying agency. When disease tolerances for certified class seed lots are exceeded, the lots shall be rejected for certification. Seed lots shall originate from in vitro culture in which all plantlets have tested free from potato viruses A, M, S, X, Y, (all may cause the mosaic disease) and leaf roll; Potato Spindle tuber viroid; Corynebacterium sepedonicum (causes the ring rot disease); and Erwinia carotovora (causes the soft rot and black leg diseases). Propagation of seed lots from the Uihlein Farm at Cornell University or equivalent sources shall be limited to six years with a Generation 5 (G5) lot originating from outside New York State being the last generation eligible for planting. A three year exemption shall be permitted at the discretion of the certifying agency for numbered selections from breeding programs or for named varieties for which pathogen-tested seed lots do not exist or are not available.

(b) Certified-Uihlein Generation 1.

Seed obtained directly from the Uihlein Farm of Cornell University will be eligible for planting.

(c) Certified-Uihlein Generation 2.

Seed one year removed from the Uihlein Farm of Cornell University and showing a performance in a winter test acceptable to the certifying agency will be eligible for planting.

(d) Certified-Uihlein Generation 3.

Seed two years removed from the Uihlein Farm of Cornell University and showing a performance in a winter test acceptable to the certifying agency will be eligible for planting.

(e) Certified-Generations 1 through 6.

(1) foundation class seed meeting New York blue tag or yellow tag grade requirements originating from New York, other states or Canada; or

(2) certified class seed meeting New York blue tag or yellow tag grade requirements originating from New York, other states or Canada as evidenced by an inspection performed by the State or Federal-State Inspection Service, that have passed a winter test acceptable to the certifying agency; or

(3) New York certified or foundation seed meeting New York white tag grade requirements as evidenced by an inspection performed by the State or Federal-State Inspection Service, that have passed a winter test acceptable to the certifying agency; or

(4) potatoes planted by New York certified seed growers utilizing planting stocks of their own production that are direct progeny from eligible planting stocks and have passed a winter test acceptable to the certifying agency shall be eligible for planting.

(f) The certifying agency may reject as planting stocks any seed lot which in its opinion would be likely to produce potatoes unsuitable for certification.

(g) Records required.

Each grower shall keep a record of persons from whom foundation and/or certified seed was purchased. These records shall be available for examination by the certifying agency or New York State Department of Agriculture and Markets representative upon request. Such records shall include: variety, quantity, field numbers(s) and other pertinent certification documents.

1 CRR-NY 107.3 Restrictions applying to the production of certified class seed {#sec-1-crr-ny-107.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 107.3}

(a) Varieties.

Varieties must meet the approval of the certifying agency to be eligible for certification.

(b) Land requirements.

Seed potatoes shall not be planted on land where ring rot infected potatoes were produced the previous year.

(c) Separation of fields.

Fields for inspection must be separated from each other and from other potatoes by a vacant space of at least one planting row; six feet is recommended.

(d) Disease in nearby fields.

Any portion of a field entered for certification which is within 200 feet of potatoes showing 10 percent or more virus disease or more than five percent leaf roll, will be rejected.

(e) Seed grown on farms where bacterial ring rot is found during the current or previous season is not eligible for designation as “Certified-Uihlein Generation 1,” “Certified-Uihlein Generation 2,” or “Certified-Uihlein Generation 3.”

(f) Inspection procedures.

Field and bin inspections shall be conducted on the basis of a visual observation of sample plants and tubers under growing conditions and during storage. A minimum of two field inspections shall be made during the growing season with a visual examination being made of a minimum of 100 plants for each planted acre. Inspections of bins and storage areas shall include a visual inspection of at least 100 stored tubers from each harvested acre. Certification shall not extend to diseases which cannot be observed on the basis of a visual inspection of plants and tubers.

(g) Tolerance at field inspection.

Fields are to be kept rogued and are subject to inspection at any time. Upon inspection seed lots shall show not more than the following tolerances:

| Factor | First inspection percent | 2nd or later inspection percent | | --- | --- | --- | | Mosaics | 3.00 | 1.00 | | Leaf roll | 3.00 | 1.00 | | Other virus | 1.00 | .50 | | Spindle tuber | 1.00 | 0.10 | | Total virus and spindle tuber | 4.00 | 2.00 | | Fusarium1 and verticillium wilt | 2.00 | 5.00 | | Varietal mixture | | .25 | | Ring rot2 | 0.00 | 0.00 |

(h) Interpretation of tolerances.

Seed lots which comply with the provisions of this standard and which are found by inspection of an adequate representative sample to contain no more than the specified tolerance of plants or tubers showing visible symptoms of the diseases and defects mentioned will be approved for certification; however, no assurance is implied that these diseases and defects may not be present in a latent form or in greater amounts or even that the inspection of larger samples might not reveal the presence of amounts in excess of stated tolerances. Furthermore, with special reference to ring rot, certification implies that both the growing crop and the harvested lot have been inspected and that no evidence of ring rot has been found, but does not imply that the lot is absolutely free from this disease. Precautions always should be taken to guard against the increase or spread of this disease.

(i) Roguing.

The grower is responsible for roguing all diseased and abnormal plants that appear during the growing season. Early removal is extremely important in preventing the spread of virus diseases; both the vines and tubers should be carried from the field.

(j) Florida test.

One or more representative samples from each seed lot shall be submitted from each field for planting in the Florida test plot. The number of tubers required to be submitted per sample shall be determined by the certifying agency. Tubers selected for the Florida test shall not be smaller than 1 ½ inches nor larger than 2 ¼ inches. Florida test results shall not show a total in excess of five percent virus (mosaics, leaf roll, other virus) and spindle tuber viroid. Seed potatoes shipped before winter test readings are available will be certified if field, harvest and/or bin readings are within required tolerances.

(k) Unsuitable fields.

The certifying agency may deny certification to any field or seed lot which, in its opinion, would be likely to produce potatoes unsuitable for certified seed stock. Consideration for denial may be given to unfavorable factors, such as unsuitable cultural conditions, weeds, chemical damage and high aphid population.

1 CRR-NY 107.4 Tuber requirements—grades {#sec-1-crr-ny-107.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 107.4}

(a) All classes of certified seed potatoes shall be graded in conformity to New York certified seed grades as designated by the New York State Commissioner of Agriculture and Markets, and as jointly approved by the College Seed Committee and the board of directors of the New York Seed Improvement Cooperative, Inc.

(b) All certified seed potatoes shall be graded in conformity with the requirements of blue, yellow or white tag grades.

(1) Blue tag grade.

Blue tag grade shall meet the requirements of U.S. No. 1 seed potatoes. Reference, “United States Standard for Grades of Seed Potatoes”, effective March 6, 1987, United States Department of Agriculture, Agriculture Marketing Services, Washington, DC. This document is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the counsel's office or in the office of the Director of Plant Industry, New York State Department of Agriculture and Markets, Capital Plaza, One Winners Circle, Albany, NY 12235.

(2) Yellow tag grade.

Yellow tag grade consists of potatoes identified as certified seed or of one variety which meet the following requirements:

(i) fairly well shaped;

(ii) free from: freezing injury, blackheart, late blight tuber rot, nematode or tuber moth injury, bacterial ring rot, soft rot or wet breakdown;

(iii) free from serious damage caused by: hollow heart, growth cracks, dirt and/or other foreign material;

(iv) free from damage by sprouts and growth cracks and any other cause;

(v) size: minimum diameter, unless otherwise specified, shall not be less than 1 ½ inches; and maximum size, unless otherwise specified, shall not exceed 3 ¼ inches in diameter or 12 ounces in weight;

(vi) factors not affecting grade: brown discoloration following skinning, dried stems, flattened depressed areas (showing no underlying flesh discoloration), greening, skin checks, and sunburn do not affect seed quality, and shall not be scored against the grade. In addition, sprouts shall not be scored against New York yellow tag grade, after March 31st of the year following production; and

(vii) tolerances: in order to allow for variations incident to proper grading and handling in the foregoing grade, the following tolerances, by weight, are provided as specified.

(a) For defects:

(1) Twenty percent for potatoes in any lot which are seriously damaged by growth cracks.

(2) Twenty percent for potatoes in any lot which are seriously damaged by hollow heart.

(3) Twenty percent for potatoes in any lot with sprouts over one inch in length prior to April 1st.

(4) Twenty percent for potatoes which fail to meet the remaining requirements of the grade including therein not more than 10 percent seriously damaged and further provided that included in these tolerances not more than the following percentages shall be allowed for the defects listed:

| | Percent | | --- | --- | | Bacterial ring rot | 0.00 | | Serious damage by dry or moist type fusarium tuber rot | 2.00 | | Late blight tuber rot | 1.00 | | Nematode or tuber moth injury | 0.00 | | Varietal mixture | 0.25 | | Frozen, soft rot or wet breakdown3 | 0.50 |

(b) For size:

(1) Undersize. Three percent for potatoes in any lot which fail to meet the required or specified minimum size except five percent shall be allowed when the minimum size specified is 2 ¼ inches or more in diameter or five ounces or more in weight.

(2) Oversize. Ten percent for any potatoes in any lot which fail to meet the required or specified maximum size.

(3) White tag grade. White tag grade shall consist of potatoes identified as certified seed of one variety which meet the following requirements:

(i) free from: freezing injury, blackheart, late blight tuber rot, nematode or tuber moth injury, bacterial ring rot, soft rot or wet breakdown.

(ii) tolerances: in order to allow for variations incident to proper grading and handling in the foregoing grade, the following tolerances, by weight, are provided as specified.

| | Percent | | --- | --- | | Bacterial ring rot | 0.00 | | Serious damage by dry or moist type fusarium tuber rot | 2.00 | | Late blight tuber rot | 1.00 | | Nematode or tuber moth injury | 0.00 | | Varietal mixture | 0.25 | | Frozen, soft rot or wet breakdown4 | 0.50 |

(c) Definitions.

(1) Damage means any defect (except sunburn, greening, flattened depressed areas, external brown surface discoloration following skinning, dried stems and dirt) or any combination of defects which detracts from the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than five percent of the total weight of the potato.

(2) Serious damage means any defect (except sunburn, greening, flattened depressed areas, external brown surface discoloration following skinning, growth cracks and dried stems) or any combination of defects which seriously detracts from the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than 10 percent of the total weight of the potato.

(3) Serious damage by dirt means that an individual potato is badly caked with dirt.

(4) Damage by sprouts means any potato having sprouts over one inch in length.

(5) For other definitions, application of tolerances, sampling procedures and size determination, see U.S. standards for grades of seed potatoes.

1 CRR-NY 107.5 Rules governing sale of certified seed {#sec-1-crr-ny-107.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 107.5}

(a) Inspection and certification.

(1) No potatoes shall be sold or represented as certified seed potatoes unless they have been officially inspected by the certifying agency and inspection certificates or reports have been issued showing that such potatoes have been produced under and met applicable field and bin inspection standards and requirements, and conform to all other certification standards and requirements as provided herein, including grade standards for the grade under which the seed is to be sold.

(2) Field and bin inspections shall be made by the certifying agency and grading inspections shall be made by the Federal-State Inspection Service. No grading inspection shall be made or grading certificates issued by the cooperative until both a field inspection and separate bin inspection certificate or report have first been issued by the certifying agency.

(3) No person shall sell, offer for sale, have in possession with intent to sell, advertise, label or otherwise represent any potatoes as certified seed or as being of a grade prescribed in these rules; or use in connection with the sale of seed potatoes any work, phrase or designation which suggests that they have been inspected, certified, or graded, unless such potatoes have been inspected, graded and certified under this Chapter, and conform to the grades specified in the grading certificate.

(b) Containers and tags.

All certified seed potatoes shall be sold and delivered in new containers, or containers approved by the certifying agency. Containers packed with potatoes meeting these standards shall be tagged or marked “New York Certified Seed Blue Tag Grade” or “New York Certified Seed Yellow Tag Grade” or “New York Certified Seed White Tag Grade,” as the case may be, and shall bear tags furnished by the certifying agency showing the grower's name.

(c) Required inspection.

All New York blue tag grade and yellow tag grade seed stock sold or offered for sale shall be inspected by the Federal-State Inspection Service. If the potatoes do not meet the grade as marked, the tags or markings shall be removed unless potatoes are regraded and pass inspection.

(d) Bulk shipments.

Bulk shipments meeting certification standards shall be identified as New York certified seed blue tag grade or New York certified seed yellow tag grade, or New York certified seed white tag grade, as the case may be, and shall be accompanied by a bulk transfer certificate issued by the certifying agency.

(e) Storage requirements.

Potatoes stored in a public storehouse shall not be sold as certified seed if ring rot is found or known to be present in potatoes in nearby bins. Sections of a public storehouse which are separated by solid walls or partitions shall be regarded as separate storehouses.

(f) Limitations for New York white tag grade. New York white tag grade shall be sold or offered for sale only within the State of New York. It is not eligible as planting stock for recertification unless it meets the requirements of the grade as evidenced by an inspection performed by the Federal-State Inspection Service.

(g) Records required.

Each grower shall keep a record of persons to whom certified seed was sold. These records shall be available for examination by the official certifying agency or New York State Department of Agriculture and Markets representative upon request. Such records shall include: variety, quantity, field number(s), and other pertinent certification documents.

Part 108 INTERAGENCY CERTIFICATION STANDARDS AND PROCEDURES

1 CRR-NY 108.1 Application and amplification of general certification standards {#sec-1-crr-ny-108.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.1}

The general seed certification standards are basic and the applicable requirements together with the following specific standards constitute the standards for interagency certification.

1 CRR-NY 108.2 Varieties eligible {#sec-1-crr-ny-108.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.2}

Interagency certification of crops and varieties other than those recommended by Cornell for use in New York and other than those listed in “Varieties Eligible for Certification” list, shall be considered only on prior application to the certifying agency. Approval for interagency certification of such a variety is contingent on it being recommended by an appropriate State agency in the area of intended use. Crop varieties not listed in “Varieties Eligible for Certification” but recommended by the Cornell University Agricultural Experiment Station for use by New York State farmers will be eligible for interagency certification upon application to the certifying agency.

1 CRR-NY 108.3 Application of standards {#sec-1-crr-ny-108.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.3}

(a) The seed certification standards of the New York Seed Improvement Cooperative shall apply to seed certified under interagency procedures. Standards applicable to the class of certification service rendered shall prevail. If there are no standards for the crop handled under interagency certification, the standards of the State in which the seed was field inspected shall be applied. In either case such standards shall be equal to or better than the Association of Official Seed Certifying Agencies' standards.

(b) Seed entering New York that was produced as certified seed in another state or province may be eligible for New York certification providing that this seed falls within recognized tolerances of the seed standards of the New York Seed Improvement Cooperative. Recognized tolerances shall be those listed in the most recent edition of the rules for testing, adopted by the Association of Official Seed Analysts. The analysis sample size shall be that specified by the Association of Official Seed Analysts in this same edition.

1 CRR-NY 108.4 Evidence of seed eligibility {#sec-1-crr-ny-108.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.4}

In order for seed to be eligible for final certification by the New York Seed Improvement Cooperative, Inc., it must be received in containers carrying documentary evidence of its eligibility supplied by another certifying agency including:

(a) variety and kind of seed;

(b) amount of seed (pounds or bushels);

(c) class of seed (foundation, registered, certified); and

(d) inspection or lot number.

1 CRR-NY 108.5 Prior approval of cooperating agencies {#sec-1-crr-ny-108.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.5}

The New York Seed Improvement Cooperative, Inc. need not obtain prior approval of another agency, which is a member of the Association of Official Seed Certifying Agencies, to engage in interagency certification activities unless the original certifying agency prohibits or limits interagency certification by a statement of its certification tag. Complete information on seed certified is to be returned by the New York Seed Improvement Cooperative, Inc. to the certifying agency last having jurisdiction of the seed. Such information shall include: the amount of seed received, amount of seed finally certified, nature of the service rendered (recleaning, rebagging, retagging, etc.).

1 CRR-NY 108.6 Blending {#sec-1-crr-ny-108.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.6}

Lots of the same variety and class of seed may be blended. If lots eligible for more than one seed class are blended, the lowest class shall be applied.

1 CRR-NY 108.7 Approval of the processor {#sec-1-crr-ny-108.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.7}

Processors desiring interagency certification services shall apply annually (by January 1st), to the New York Seed Improvement Cooperative, Inc., Ithaca, New York. Requirements to be met by the cooperating processors shall include the following:

(a) Facilities, determined by inspection, shall be available to properly perform the functions requested.

(b) Identity of the seed must be maintained at all times.

(c) Use of certification service shall be a regular function of the processor.

(d) Records of all operations shall be complete and adequate to account for all incoming and finally certified seed. These shall include:

(1) Receiving records, including the following information:

(i) variety and kind;

(ii) name and address of the shipper;

(iii) shipper's lot number or inspection number;

(iv) date of shipment;

(v) date received;

(vi) weight received;

(vii) receiving lot number as assigned to the lot of seed by the consignee; and

(viii) name and address of common carrier.

(2) Record of cleaning, blending, rebagging, retagging, or other processing including:

(i) variety and kind;

(ii) lot numbers of component lots used in making the final or blended lot and final lot number;

(iii) number of bags and weight of each component;

(iv) number of bags and weight of recleaned seed or blended seed, including size and variety of packages;

(v) weight of refuse or screenings and its disposition;

(vi) date processed or rebagged; and

(vii) serial numbers of certification tags attached to each lot of seed.

(3) Disposition or stock book record, which shall include:

(i) variety and kind;

(ii) number of bags and weight of the final lot;

(iii) invoice or order number and weight covering each shipment;

(iv) balance remaining after each shipment; and

(v) amount used in other lots and the identity of the other lots into which it was blended.

(4) Invoice or other sales records which shall include:

(i) variety and kind;

(ii) name and address of the buyer or consignee;

(iii) date sold or shipped;

(iv) number of bags and weight of seed sold or shipped; and

(v) lot number.

(e) Processors shall permit inspection by the certifying agency of all records of the kind of seed processed for seed purposes including both certified and noncertified seed.

(f) Processors shall designate an individual who shall be responsible for performing such duties as may be required.

1 CRR-NY 108.8 Reports to and by the New York Seed Improvement Cooperative, Inc {#sec-1-crr-ny-108.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.8}

(a) Upon completion of the processing and bagging, the dealer shall complete and transmit to the certifying agency, certification form C-1, “Dealer Interagency Processing and Bagging Report”.

(b) For lots of certified seed tagged, the processor shall complete form C-2, “Processor Interagency Tagging Report” and transmit same to the New York Seed Improvement Cooperative, Inc.

1 CRR-NY 108.9 Inspection of processing operations {#sec-1-crr-ny-108.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.9}

The certifying agency shall make as many inspections of both the seed and records as may be required to satisfy itself that only the seed meeting requirements is labeled with certification tags.

1 CRR-NY 108.10 Samples {#sec-1-crr-ny-108.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.10}

(a) Samples as specified in the general seed certification standards shall be obtained for the certifying agency. Samples of all lots of seed whether processed or rebagged handled under the interagency certification shall be retained for the New York Seed Improvement Cooperative, Inc.

(b) Seed of lots handled under interagency certification shall be obtained in commerce and compared in the laboratory, and as growing plants with the sample submitted for final certification.

(c) Where certification service includes cleaning, bulking and blending, a representative sample of such seed is to be submitted to the seed laboratory of the New York State Agricultural Experiment Station at Geneva for testing as to compliance with the interagency certification standards.

(d) Seed previously interagency certified by an officially recognized seed certifying agency will be accepted for certification provided an analysis sample of the size specified in section 96.13 of this Title does not contain more than one prohibited seed and it meets New York standards in all other respects. If more than one prohibited weed seed is found the lot shall not be eligible for resampling unless it is reprocessed.

1 CRR-NY 108.11 Tags and tagging {#sec-1-crr-ny-108.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 108.11}

(a) Serially numbered interagency certification tags shall be sent to approved processors on request. Such tags are to be inventoried by the processor and used in accordance with the interagency certification standards and procedures and instructions of the New York Seed Improvement Cooperative, Inc. Minimum information to be imprinted on interagency certification tags is as follows:

Crop and variety

Class of seed, i.e., (certified)

Certifying agency making field and seed inspections

Lot number

If official pressure sensitive labels are used, refer to subdivision (c) of this section.

(b) Labeling information may be imprinted on the interagency certification tags in which case identification of the processor or vendor must also appear. Interagency certification tags may be used by approved processors on any certified seed except where specifically prohibited.

(c) When serially numbered interagency pressure sensitive labels are used the information of crop and variety, class, state or origin and lot number must be included on the supporting analysis label or tag on each bag or package of seed bearing the interagency label.

Part 109 SEED STANDARDS FOR INTERAGENCY CERTIFICATION

1 CRR-NY 109.1 Applicable standards {#sec-1-crr-ny-109.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 109.1}

(a) In the interagency certification of seeds, standards which shall be equal to or better than the Association of Official Seed Certifying Agencies' standards for the crop in question and outlined herewith shall apply. Such standards shall apply to seed under interagency certification which is cleaned, bulked, blended or rebagged.

(b) If seed is handled under interagency certification for which no standards have been adopted by the New York Seed Improvement Cooperative, Inc., then the seed standards in the originating State shall be applied.

(c) Certified seed standards.

(1) Ladino clover.

| Factor | Ladino clover | | --- | --- | | Pure seed (minimum) | 98.00% | | Other crop seeds (maximum) | 2.00% | | Sweet clover (maximum) | 180 per lb. | | Inert matter (maximum) | 2.00% | | Weed seed (maximum) | 0.50% | | Objectionable weeds1(maximum) | 360 per lb. | | Total of germination and hard seeds (minimum) | 85.00% |

Objectionable weeds are: Bracted plantain (Plantago aristata), buckhorn plantain (Plantago lanceolata), docks: curly (Rumex crispus), bitter (R. obtusifolius), green (R. conglomeratus), smooth (R. altissimus), sour (R. acetosa); sorrel (Rumex acetosella), giant foxtail (Setaria faberii), and wild carrot (Daucus carota). Landino clover seed shall be free of the following weed seeds: Bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dogban (Apocynum cannabinum)), horse netle (Salanum carolinense), Johnson grass (Sorghum halepense), leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), Russian knapweed (Centaurea repens), white top (Lepidium draba), (Lepidium repens), (Hymenophysa pubescens), bedstraw (Galium supp.), dodder (Cuscuta spp.), perennial sow thistle (Sonchus arvensis), quackgrass (agropyron repens), corn cockle (Agrostemma githago), and wild onion (Allium supp.).

(2) Alfalfa, birdsfoot trefoil, bromegrass, timothy, hybrid field corn, red clover, Kentucky bluegrass and small grains.

(d) Standards for interagency certification shall be the same as for the certified class of seed in the preceding certification standards for these crops when grown in New York State.

Part 111 GENERAL TREE SEED CERTIFICATION STANDARDS

1 CRR-NY 111.1 Definitions {#sec-1-crr-ny-111.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.1}

(a) Designated stands or trees means stands or trees which have been inspected and approved for the collection of seed or vegetative propagation material in accordance with the standards and procedures outlined in the “standards”.

(b) Field shall be interpreted to include “stand”, “orchard” and “trees” from which tree seed may be collected.

Note:

All forest tree improvement terms are defined in accordance with “Glossary for Forest Tree Improvement Workers” E.B. Snyder, Editor, published 1959 by Southern Forest Experiment Station. U.S.F.S.

(c) Clone.

A group of plants derived from a single individual (ortet) by a sexual reproduction. All members (ramets) of a clone have the same genotype and consequently tend to be uniform.

(d) Elite tree.

The quality of the tree so designated has been verified by appropriate testing, as superior or desirable under a specified propagation system. The superiority of crossbred parents is evaluated by means of the progeny test. That of inbreds is evaluated by observing the inbred lines; that of clones by clonal tests.

(e) Genotype.

(1) An individual's hereditary constitution, expressed or hidden, underlying one or more characters; the gene classification of this constitution expressed in a formula. The genotype is determined chiefly from breeding behavior and ancestry. It reacts with the environment to produce the phenotype.

(2) Individual(s) characterized by a certain genic constitution.

(f) Ortet.

The one plant from which members of a clone were originally derived.

(g) Phenotype.

The demonstrable characteristic(s) of an organism; the product of the interaction of the genes of an organism with the environment.

(h) Progeny test.

Evaluation of individuals by the performance of their offspring.

(i) Propagule.

A plant part such as a bud, tuber, root, or shoot, used to reproduce an individual asexually.

(j) Seed orchard.

A plantation consisting of clones or seedlings from selected trees, isolated to prevent pollination from outside sources, and cultured for early and abundant production of seed for reforestation. Forest seed orchards are often established while genetic evaluation of the material is under way. When results of these tests are known, the undesirable individuals are rogued.

(k) Vegetative propagation.

Propagation of a plant by asexual parts, as in budding, dividing, grafting, rooting, and air layering. Hereditary factors or genes of the resulting clone (ramets) are identical with those of the original plant (ortet).

STANDARDS STANDARDS

1 CRR-NY 111.2 Eligibility requirements for certification of tree seeds {#sec-1-crr-ny-111.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.2}

Certification is limited to those species or species hybrids for which standards have been established by the State University College of Forestry seed committee and the certifying agency.

1 CRR-NY 111.3 Sources of certified seed {#sec-1-crr-ny-111.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.3}

Certification is limited to seed produced by designated stands, trees, or seed orchards.

1 CRR-NY 111.4 Categories of certified seed {#sec-1-crr-ny-111.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.4}

Four categories of seed shall be recognized in tree seed certification and are defined as follows:

(a) Superior seed.

Seed produced from progeny tested parentage where the performance of the progeny has been determined by tests approved by the certifying agency.

(b) Selected seed.

Seed produced from seed orchards or trees prior to completion of progeny tests. The parent trees concerned will have been chosen by very rigorous selection methods.

(c) Standard seed.

Seed produced from seed production areas where undesirable trees have been removed but for which no progeny testing is required.

(d) Source seed.

Seed certified under the provisions stated in section 111.14 of the tree seed certification standards as described below.

1 CRR-NY 111.5 Requirements for certified tree seed producers {#sec-1-crr-ny-111.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.5}

Producers or collectors of tree seed to be certified must comply fully with the registration or membership requirements of the certification agency designated by the Commissioner of Agriculture and Markets of New York for the certification of tree seed.

1 CRR-NY 111.6 Handling of crop prior to inspection {#sec-1-crr-ny-111.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.6}

Establishment and maintenance of isolation strips, removal of undesirable individual trees, and marking of seed production area as hereinafter described, are to be completed previous to field inspections.

1 CRR-NY 111.7 Establishing source of seed {#sec-1-crr-ny-111.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.7}

(a) For certified seed from forest trees the exact geographical source of the parent trees and the stand history must be known.

(b) Where seeds or other propagating materials are produced from planted or otherwise artificially established trees, the origin of the parent material must be known. If the origin is not definitely known the trees must be of high phenotype quality and of sufficient age to produce the products desired from management.

1 CRR-NY 111.8 Qualifications of inspectors {#sec-1-crr-ny-111.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.8}

Inspection work requiring technical training shall be performed by men who have been trained for the job. Such training shall be conducted under the supervision of the seed committee of the College of Forestry.

1 CRR-NY 111.9 Control of insects and diseases {#sec-1-crr-ny-111.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.9}

Stands or trees from which seed is to be taken for certification shall show evidence that reasonable precaution has been taken to control insects and diseases harmful to seeds or seed production.

1 CRR-NY 111.10 Samples and sampling of seed {#sec-1-crr-ny-111.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.10}

(a) A representative sample of seed shall be taken from each lot that is to be offered for sale by a representative of the certifying agency.

(b) The sample shall be taken after the seed has been cleaned and is in condition for sale. Such sample shall not be considered representative for seed which is recleaned later.

(c) Samples shall be taken in accordance with the procedures as outlined by the Association of Official Seed Analysts.

(d) Size of sample.

The size of sample submitted shall be in accordance with the standards set for each species.

(e) Submitting sample for moisture test.

The sample to be tested must be submitted to the laboratory in air-tight, moisture proof containers so as to be representative for the lot at the time of sampling.

1 CRR-NY 111.11 Seed house or bin inspection of seed {#sec-1-crr-ny-111.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.11}

One or more inspections of harvested lots of seeds to be certified may be made at any time by authorized persons. Any lot not properly stored, not properly protected from mixture, or not properly identified may be rejected for certification.

1 CRR-NY 111.12 Seed testing {#sec-1-crr-ny-111.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.12}

Analysis and tests of samples of seed, and definitions of analytic terms shall be in accordance with the rules of the Association of Official Seed Analysts, when these are established. In the interim, rules of the International Seed Testing Association will be followed.

1 CRR-NY 111.13 Labeling {#sec-1-crr-ny-111.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.13}

(a) Responsibility for obligations relating to proper labeling of seed, other than those concerned with certification, arising from the sale or shipment of seed which has been certified rests with the producer or subsequent handler making the sale or shipment.

(b) All seed sold as certified shall have an official tag properly affixed to each container. Sealing requirements will depend on the species and methods of handling.

(c) All official certification tags and seals must be obtained from the authorized certification agency, and must be affixed to the seed containers in compliance with the regulations of the certifying agency.

1 CRR-NY 111.14 Seed failing to meet certification standards for superior, select, or standard seed {#sec-1-crr-ny-111.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.14}

It is recognized that certified tree seed should meet high standards in mechanical purity, germination, genetic quality, and freedom from damage by insects or disease. However, certain lots of seed may fail to meet certification standards for superior, select or standard seed, and yet may appropriately be certified. Such seed may be certified under conditions jointly prescribed by the Commissioner of Agriculture and Markets, the Dean of the State University College of Forestry, and the certifying agency. Seed so certified shall be tagged “Source seed” with a special certification tag which shall indicate the respect or respects in which the seed to which it is attached fails to meet certification standards for superior, select or standard seed. No seed shall be certified under this provision under conditions which will be injurious to the reputation of certified tree seed.

1 CRR-NY 111.15 Seed held over {#sec-1-crr-ny-111.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.15}

Seed held over for more than nine months from the original date of certification shall not be recognized as certified. However, it shall be eligible for recertification provided a representative sample of regulation size be submitted and meets the standards for certification. If changes in certification standards have been made between the date of first certification of the seed and date of request for recertification so that the seed does not meet the new requirements, it can be recertified for a period of one year if it meets the standards under which it was previously certified.

1 CRR-NY 111.16 Refusal of certification privilege {#sec-1-crr-ny-111.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.16}

(a) It is clearly recognized that in the application of these procedures certain exceptional cases not clearly covered by the standards may arise. Any lot of seed may be rejected for certification if its quality in any respect not specifically covered by these standards is such that its value is not consistent with the purposes of seed certification.

(b) The certification agency can withhold the privilege of tree seed certification from any person or group of persons for cause, if it deems this action to be in the interest of maintaining the standards of seed certification.

1 CRR-NY 111.17 Seed records {#sec-1-crr-ny-111.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 111.17}

Possessors of certified seed will maintain careful records from which the following data can be determined:

(a) Amounts of seed held; listed by species, certification number, and date of acquisition.

(b) Amounts of seed disposed of during previous year; listed by species, certification number, date of sale, and name of person receiving it.

Part 112 CONIFEROUS TREE SEED CERTIFICATION STANDARDS

1 CRR-NY 112.1 Application and amplification of general tree seed certification standards {#sec-1-crr-ny-112.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 112.1}

The general tree seed certification standards as stated above [Part III] are basic and together with the following specific standards, constitute the standards for the certification of coniferous tree seed.

1 CRR-NY 112.2 Land requirements {#sec-1-crr-ny-112.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 112.2}

Site index (site quality index based on total height of dominant trees at 50 years of age) will be given on each packet of seed, if available. Elevation of place from which seed was collected will be shown on each packet of seed.

1 CRR-NY 112.3 Field inspection {#sec-1-crr-ny-112.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 112.3}

(a) Field inspection and designation (including all required records and official approval) must be completed before pollination of the first crop of seed to be certified. In addition, an inspection will be made of the designated stand within 90 days prior to each seed collection. At this time the inspector will make an estimate of seed production which will become the confidential information of the certifying agency.

(b) Inspections will be required only in years in which certified seed production is planned, after the stand is designated, provided that subsequent inspections shall not be made more than five years apart.

(c) Inspections may be made at any time during seed collection, extraction, and cleaning without prior notice.

1 CRR-NY 112.4 Field standards {#sec-1-crr-ny-112.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 112.4}

(a) General.

(1) Unit for designation.

An individual tree, clone or stand of trees may be designated. A designation unit will generally consist of an area not less than a quarter of an acre. A clear and distinct boundary line will be marked with paint between an area and its isolation strip. The outer boundary of the isolation strips shall be marked with a contrasting color or symbol.

(2) Isolation requirements.

Except as otherwise specified, an isolation strip of 400 feet is to be maintained around a designated area. This zone shall be maintained free of off-type plants and other species which might cross-pollinate seed producing trees.

(b) Specific requirements.

(1) Stands or trees will be evaluated for designation as either appropriate for the production of timber products, or having qualities believed to have special value for some other particular use, or both. Such special qualities as the trees or stands may have are to be carefully described.

(2) All stands or trees which are to be designated for seed production shall be of seed bearing age.

(3) Seed producing areas.

A stand should consist of at least 20 trees of high general quality growing sufficiently close to one another that effective cross pollination can be expected. For timber products production, only trees of average or above form, vigor and natural pruning, and average or below in branch size shall remain.

(4) Seed orchards.

The stand will be composed of at least 15 trees. The identity of each tree shall be known and records of the ortet (or parentage in the case of seedling stock) shall be available for inspection. The arrangement shall be such as to maximize cross-pollination between clones. All clones in a seed orchard must be progeny tested and the tests approved by the certifying agency before superior seed can be produced. The records of each progeny test shall be available to the agency and at its discretion it may refer them to proper authorities for evaluation. The field plots of the progeny tests must be maintained until such time as the requirements of the certifying agency are satisfied.

Prior to completion of progeny tests and qualification of superior seed, seed which is produced in seed orchards may be sold as select seed, provided that all ortets or individual trees are expected to eventually meet the standards for “elite trees.”

(5) Elite trees (including varieties):

(i) An elite tree must possess certain characteristics such as superior growth, intrinsic wood quality, distinctive foliage color, etc. which can be described and must be capable of being differentiated from other trees of the same species on the same site. All trees must be progeny tested before designation as elite trees. The progeny tests and records shall be handled as for seed orchard clones.

(ii) Each tree shall be marked with a band of paint not less than 6 inches wide containing identifying numbers and/or letters. The records for each tree shall contain a complete description of the tree and a map showing its exact location.

(iii) Open pollinated seed may be certified select if an isolation strip is maintained as prescribed. Controlled pollinated seed may be certified “Superior” provided the cross presented for certification has been progeny tested and the tests approved by the certifying agency. Propagules from elite trees may be certified superior.

1 CRR-NY 112.5 Seed standards {#sec-1-crr-ny-112.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 112.5}

(a) General provisions.

(1) Unless otherwise specified, storage is to be in air-tight moisture proof containers at a moisture content of less than eight per cent and at a temperature below 40 degrees Fahrenheit from time of sampling until shipment.

(2) Tree seeds meeting the regular laboratory test standards required for certification will be tagged with the regular blue tag. Seed failing to meet these standards, but complying with stated lower requirements in germination and purity will be marked with a green certification tag.

(b) Specific provisions.

| | Certified Blue Tag | Certified Green Tag | | --- | --- | --- | | Norway spruce (Picea abies) | | | | Pure seed minimum | 98.0% | 98.0% | | Other species or varieties (maximum) | 0 % | 2 seed in sample | | Inert matter (maximum) | 2.0% | 2.0% | | Moisture content (maximum) | 8.0% | 8.0% | | Germination (minimum) | 85.0% | 60.0% | | Size of sample required | 2 oz. | 2 oz. | | White spruce (Picea glauca) | | | | Pure seed minimum | 96.0% | 96.0% | | Other species or varieties (maximum) | 0 % | 2 seed in sample | | Inert matter (maximum) | 4.0% | 4.0% | | Moisture content (maximum) | 8.0% | 8.0% | | Germination (minimum) | 80.0% | 60.0% | | Size of sample required | 1 oz. | 1 oz. | | Red pine (Pinus resinosa) | | | | Pure seed minimum | 98.0% | 98.0% | | Other species or varieties (maximum) | 0 % | 2 seed in sample | | Inert matter (maximum) | 2.0% | 2.0% | | Moisture content (maximum) | 8.0% | 8.0% | | Germination (minimum) | 85.0% | 65.0% | | Size of sample required | 2 oz. | 2 oz. | | Scotch pine (Pinus sylvestris) | | | | Pure seed minimum | 98.0% | 98.0% | | Other species or varieties (maximum) | 0 % | 2 seed in sample | | Inert matter (maximum) | 2.0% | 2.0% | | Moisture content (maximum) | 8.0% | 8.0% | | Germination (minimum) | 85.0% | 65.0% | | Size of sample required | 2 oz. | 2 oz. | | White pine (Pinus strobus) | | | | Pure seed minimum | 96.0% | 96.0% | | Other species or varieties (maximum) | 0 % | 2 seed in sample | | Inert matter (maximum) | 4.0% | 4.0% | | Moisture content (maximum) | 8.0% | 8.0% | | Germination (minimum) | 85.0% | 60.0% | | Size of sample required | 3 oz. | 3 oz. |

1 CRR-NY 112.6 Plants and propagules {#sec-1-crr-ny-112.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 112.6}

(a) Plants grown from certified seed may be certified the same category as the seed lot and will be so labeled including lot number.

(b) Propagules from certified clones may be certified the same category as the ortet and will be so labeled.

1 CRR-NY 112.7 Labeling requirements {#sec-1-crr-ny-112.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 112.7}

(a) The following information, in addition to that required by the New York seed law will be supplied with each bag or container of certified seed. This information may be on the tag of the certifying agency or on a separate tag:

Code number of certifying agency.

Lot number.

Date of test (month and year).

Elevation of collection area.

Site index of collection site (if available).

(b) A statement shall be supplied with each bag or container of certified seed to the effect that a “Certificate of Origin” is available to each purchaser of certified seed, if a request giving the code number is sent to the certifying agency.

Part 113 CROWNVETCH SEED CERTIFICATION STANDARDS

1 CRR-NY 113.1 Application and amplification of general certification standards {#sec-1-crr-ny-113.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 113.1}

(a) The general seed certification standards, as adopted by the Association of Official Seed Certifying Agencies, are basic and together with the following specific standards constitute the standards for certification of crownvetch.

(b) The general standards are amplified as follows to apply specifically to crownvetch seed:

(1) Section C. Classes and sources of certified seed.

(i) When a variety is grown outside its designated region of adaptation, certification shall be limited to one generation from foundation seed or registered seed. The seed produced shall be the certified class.

(ii) When a variety is grown within its designated region of adaptation, certification shall be limited to three generations of increase from breeder seed. The three generations shall be: (a) foundation, (b) registered, and (c) certified.

(c) The region of adaptation of crownvetch varieties shall be that recommended by the plant breeders and approved by the Agricultural Research Service, U.S.D.A., or similar research in Canada.

1 CRR-NY 113.2 Land requirements {#sec-1-crr-ny-113.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 113.2}

(a) Breeder seed for the production of foundation seed shall be planted on land on which no crownvetch was grown or planted previously. During the year immediately prior to seeding, the land shall have been in a cultivated crop or fallow and the land shall be free from volunteer plants as determined by field inspection during the season in which the seeding is established. No manure or other contaminating amendments shall be applied during established and productive life of the stand.

(b) Foundation seed for the production of registered seed shall be planted on land on which no crownvetch was grown or planted previously. During the year immediately prior to seeding, the land shall have been in a cultivated crop or fallow and the land shall be free from volunteer plants as determined by field inspection during the season in which the seeding is established. No manure or other contaminating amendments shall be applied during established and productive life of the stand.

(c) Registered seed for the production of certified seed shall be planted on land on which no other variety or strain of crownvetch has been grown or planted during the five years prior to the one in which the present stand was planted. During the year immediately prior to seeding, the land shall have been in a cultivated crop or fallow and the land must be free from volunteer plants as determined by field inspection during the season in which the seeding is established. No manure or other contaminating amendments shall be applied during established and productive life of the stand.

1 CRR-NY 113.3 Field inspection {#sec-1-crr-ny-113.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 113.3}

At least one field inspection shall be made for each seed crop that is to be certified, preferably at blossom time.

1 CRR-NY 113.4 Field standards {#sec-1-crr-ny-113.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 113.4}

(a) General.

(1) Unit of certification.

A portion of a field may be certified if the area to be certified is clearly defined.

(2) Isolation.

All fields used for the production of foundation, registered, or certified seed must be isolated from other strains of the same species or fields of the same variety not meeting varietal purity requirements for certification in accordance with the distances listed below:

| | | | | --- | --- | --- | | Class | Fields of less than 5 acres | Fields of 5 acres or more | | Foundation | 80 rods | 80 rods | | Registered | 40 rods | 20 rods | | Certified. | 20 rods | 10 rods | | Between different seed classes of the same variety | 10 rods | 10 rods | | | | |

(3) Seed fields outside region of adaptation.

Certification of seed fields outside the region of adaptation of a variety shall be limited to stands not exceeding six years of age.

(b) Specific requirements.

| | | | | | --- | --- | --- | --- | | Maximum permitted in each class | | | | | Factor | Foundation | Registered | Certified | | Other varieties1 | 0.10% | 0.25% | 1.00% | | Sweet clover | none | none | 80 plants per acre | | Noxious weeds whose seeds are inseparable2 | none | none | none |

Other varieties shall be considered to include offtype plants and plants that can be differentiated from the variety that is being inspected.

Noxious weeds whose seeds are inseparable are dodder (Cuscuta spp.), and bedstraw (Gallium aparine), (Gallium mollugo) and (Gallium verum.)

1 CRR-NY 113.5 Seed standards {#sec-1-crr-ny-113.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 113.5}

| | | | | | --- | --- | --- | --- | | Standards for each class | | | | | Factor | Foundation | Registered | Certified | | Pure seed (minimum) | 95.0% | 95.0% | 95.0% | | Total other crop seeds including other varieties (maximum) | .10% | .10% | 1.0% | | Sweet clover (maximum) | none | 27 per lb. | 90 per lb. | | Total weed seeds (maximum) | .10% | .20% | .50% | | Objectionable weeds (maximum)1 | 27 per lb. | 45 per lb. | 90 per lb. | | Total inert matter (maximum) | 5.0% | 5.0% | 5.0% | | Total germination and hard seed (minimum) | 65.0% | 65.0% | 65.0% | | Germinable seed (minimum) | 35.0% | 35.0% | 35.0% |

Bracted plantain (Plantago aristata); buckhorn pantain (Plantago lanceolata); docks; curly (Rumex crispus); bitter (R. obtusifolius); green (R. conglomeratus); smooth (R. altissimus); wild carrot (Daucus carota); sorrel (Rumex acetosella). Crownvetch seed shall be free of seeds of the following weeds: Bedstraw (Galium supp.), bindweed (Convolvulus arvensis), Canada thistle (Cirsium arvense), dodder (Cuscuta spp.), dogbane (Apocynum cannabinum), horsenettle (Salanum carolinense) leafy spurge (Euphorbia esula), pennycress (Thlaspi arvense), perennial sow thistle (Sonchus arvensis), Russian knapweed (Centaurea repens), white top (Lepidium draba, Hymenophysa pubescens), and quackgrass (Agropyron repens).

Part 114 HYBRID SUMMER SQUASH SEED CERTIFICATION STANDARDS

1 CRR-NY 114.1 Application and amplification of general certification standards {#sec-1-crr-ny-114.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 114.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of hybrid summer squash.

(b) Section 96.3 of the general standards is modified as follows: only the certified class of seed is recognized.

(c) A commercial hybrid to be certified must be produced from seed stock approved by the College of Agriculture Seed Committee.

(d) A closed pedigree hybrid may be certified provided the producer submits an affidavit with his application designating the hybrid. Pedigrees of these hybrids may be coded.

(e) The producer, at the time the seed production field is planted, must also in a separate nursery area plant sufficient row length without thinning of the plants to produce at least 100 plants of each parent, as well as the commercial hybrid seed if the latter is available.

1 CRR-NY 114.2 Land requirements {#sec-1-crr-ny-114.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 114.2}

A crop for the production of certified seed shall not be planted on land where squash, cucumbers, melons, pumpkins or other cucurbit crops were grown the previous year. The grower should be further cautioned of the risks involved if his fields are bordered by woods, ditch banks or fence rows that sustain species of plants known to be reservoir hosts of cucurbit viruses.

1 CRR-NY 114.3 Field inspection {#sec-1-crr-ny-114.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 114.3}

(a) An inspector of the certifying agency shall make at least four field inspections of which at least three shall be during the debudding period. The final inspection shall be made after the crop is windrowed and removal of diseased or undesirable fruit has been completed. All inspections, except the last inspection, shall be made without previous notice to the grower. The grower shall notify the certification office at least five days prior to the first debudding of the field and five days prior to anticipated seed harvest date, but after the growers final rogueing of his windrowed fruit.

(b) The inspector on each inspection shall inspect at least 10 rows at random, and no less than 100 plants or fruit per row, to determine the condition of the field.

1 CRR-NY 114.4 Field standards {#sec-1-crr-ny-114.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 114.4}

(a) General.

(1) Unit of certification.

The unit of certification shall be a field. Parts of a field shall not be eligible for certification.

(2) Isolation requirement.

A specific commercial hybrid to be inspected for certification must be so located that it is not less than one mile away from any other varieties of any species in bloom at the same time as the seed field. This requirement shall not apply to small garden areas with less than 50 plants providing such garden areas are not within 1,000 feet of the seed production field.

(3) Pollinating insect requirement.

In order to insure adequate cross pollination there shall be at least two colonies of bees per acre preferably located in or immediately adjacent to the field boundary. In no case shall the bees be located more than 1,000 feet from a boundary of the field.

(b) Specific requirements.

(1) Offtype plants.

(i) Plant spacing to permit inspection of the crop for offtype plants. The total crop must be thinned to single plants with the pollen parent spaced no closer than six inches between plants and the seed parent spaced no closer than 15 inches between plants.

(ii) Pollen parent. On any one inspection there shall not be more than four offtype plants per acre of pollen parent. (Approximately one offtype in 5,000 plants.)

(iii) Seed parent. On any one inspection there shall not be more than three offtype plants per acre of seed parent. (Approximately one offtype in 2,000 plants.)

Note:

In determining the number of offtype plants for this purpose, only those shall be counted on which the male flowers are in bloom, or have bloomed during the seed parent debudding period.

(2) Debudding.

On any one inspection during the debudding period, there shall not be more than an average of two male flowers which have bloomed per 100 seed parent plants. The total male flowers for three or more inspections shall not exceed 85 per cent of the number of inspections times the maximum tolerance for one inspection.

(3) Virus.

On any one inspection prior to the final inspection the total number of plants infected with squash mosaic and/or other seed-borne viruses shall not exceed 0.01 per cent, nor shall the total number of plants infected by viruses other than those known to be seed-borne exceed 1.0 per cent. On the final fruit inspection the total of all virus infected fruit shall be none. Any fruit found showing evidence of virus infection shall be removed and destroyed in the presence of the inspector.

1 CRR-NY 114.5 Seed standards {#sec-1-crr-ny-114.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 114.5}

| | | | --- | --- | | Pure seed (minimum) | 99.45% | | Weed seeds | none | | Inert matter (maximum) | 0.50% | | Other crop seed, excluding other varieties (maximum) | 0.05% | | Other distinguishable varieties (maximum) | 0.01% | | Germination (minimum) | 90% |

Part 115 SOYBEAN BEAN SEED CERTIFICATION STANDARDS

1 CRR-NY 115.1 Application and amplification of general certification standards {#sec-1-crr-ny-115.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 115.1}

The general seed certification standards, as adopted by the Association of Official Seed Certifying Agencies, are basic and together with the following specific standards constitute the standards for certification of soybean seed.

1 CRR-NY 115.2 Land requirements {#sec-1-crr-ny-115.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 115.2}

The crop shall not be grown on land on which soybeans were grown the previous year unless that crop was grown from certified seed of the same variety.

1 CRR-NY 115.3 Field inspection {#sec-1-crr-ny-115.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 115.3}

At least one field inspection, preferably after the leaves have dropped, shall be made by an inspector of the certifying agency.

1 CRR-NY 115.4 Field standards {#sec-1-crr-ny-115.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 115.4}

(a) General.

(1) Unit of certification.

The unit of certification shall be a field, but a portion of the field may be approved for certification, provided the remainder is harvested separately and the seed is eliminated from certification. A field boundary shall be a strip of ground not in soybeans and at least five feet in width.

(b) Specific requirements.

| | | | | | --- | --- | --- | --- | | Maximum permitted in each class | | | | | Factor | Foundation | Registered | Certified | | Other varieties1 | 0.1% | 0.2% | 0.5% | | Corn plants bearing seed | none | none | 2 plants per acre |

Other varieties shall be considered to include offtype plants and plants that can be differentiated from the variety that is being inspected.

1 CRR-NY 115.5 Seed standards {#sec-1-crr-ny-115.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 115.5}

| | | | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Pure seed (minimum) | — | 98.00% | 98.00% | | Total other crop seeds | | | | | Other kinds (excluding corn) (maximum) | 3 per lb. | 3 per lb. | 3 per lb. | | Corn seed (maximum) | — | none | 1 per lb. | | Other distinguishable varieties1(maximum) | 0.10% | 0.20% | 0.50% | | Total weed seed (maximum)2 | 0.05% | 0.05% | 0.05% | | Objectionable weed seed (maximum)3 | none | none | none | | Total inert matter (maximum) | — | 3.00% | 3.00% | | Germination and hard seed (minimum) | — | 80.00% | 80.00% | | Moisture (maximum) | 14.00% | 14.00% | 14.00% |

Offcolored beans due to environmental factors shall not be considered other varieties. Other distinguishable varieties shall be considered to include offtype seeds that can be differentiated from the variety that is being analyzed.

Total weed seed shall not exceed 10 per pound.

Objectionable weeds shall include all New York State noxious weed seeds and giant foxtail (Sateria faberii), weeds considered as objectionable are quackgrass (Agrophron repens), charlock (wild mustard), (Brassica kaber), and other wild brassica species; Canada thistle (Cirsium arvense), corn cockle (Agrostemma githago), dodder (Cuscuta spp.), bindweed and wild morning glory (Convolvulus spp.), horsenettle (Solanum carolinense), wild onion (Allium spp.), wild radish (Raphanus raphanistrum), Russian knapweed (Centaurea repens), bedstraw (Galium spp.), and leafy spurge (Euphorbia esula).

Part 116 ALFALFA SEED CERTIFICATION STANDARDS

1 CRR-NY 116.1 Application and amplification of general certification standards {#sec-1-crr-ny-116.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 116.1}

(a) The general seed certification standards, as adopted by the Association of Official Seed Certifying Agencies, are basic and together with the following specific standards constitute the standards for the certification of alfalfa seed.

(b) The general standards are amplified as follows to apply specifically to alfalfa seed: Section 96.3 classes and sources of certified seed.

(1) The region of adaptation for seed production of a given variety shall be that recommended by the originating plant breeder and, in the United States, meeting the requirements of the National Certified Alfalfa Variety Review Board.

(2) When a variety is grown within its designated region of adaptation, certification shall be limited to a maximum of three generations.

(3) When a variety is grown outside its designated region of adaptation, certification shall be limited to one generation.

1 CRR-NY 116.2 Land requirements {#sec-1-crr-ny-116.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 116.2}

(a) Breeder seed for the production of foundation seed shall be planted on land on which no alfalfa was grown or planted during the four years prior to the one in which the present stand was planted. The land must be free from volunteer plants as determined by field inspection during the season in which the seeding is established. As an additional precaution, no manure or other contaminating amendments shall be applied during the establishment and productive period of the stand.

(b) Foundation seed for the production of registered seed shall be planted on land on which no alfalfa was grown or planted during the three years prior to the one in which the present stand was planted. The land must be free from volunteer plants as determined by field inspection during the season in which the seeding is established. As an additional precaution, no manure or other contaminating amendments shall be applied during the establishment and productive period of the stand.

(c) Registered seed for the production of certified seed shall be planted on land on which no alfalfa was grown or planted during the year prior to the one in which the present stand was planted. The land must be free from volunteer plants as determined by field inspection during the season in which the seeding is established. As an additional precaution, no manure or other contaminating amendments shall be applied during the establishment and productive period of the stand.

1 CRR-NY 116.3 Field inspection {#sec-1-crr-ny-116.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 116.3}

(a) A seedling inspection will be made by an authorized field man during the first season of planting.

(b) At least one field inspection will be made each year certification is requested.

(c) Seed from fields on which no inspection has been made will not be eligible to tag as certified seed.

1 CRR-NY 116.4 Field standards {#sec-1-crr-ny-116.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 116.4}

(a) General.

(1) Unit of certification.

A portion of a field may be certified if the area to be certified is clearly defined. Portions of a field not meeting requirements for certification must not be allowed to reach the seed stage.

(2) Isolation.

A field producing foundation, registered or certified seed must have the minimum isolation distance from fields of any other variety or fields of the same variety that do not meet the varietal purity requirements for certification, as given in the following table:

| | | | | --- | --- | --- | | Class | Fields of less than five acres | Fields of five acres or more | | Foundation | 80 rods | 80 rods | | Registered | 40 rods | 20 rods | | Certified | 20 rods | 10 rods | | Between different seed classes of same variety except the certified class of nonhardy southwest varieties | 10 rods | 10 rods | | | | |

(3) Volunteer plants.

Volunteer plants shall be cause for rejection or reclassification of a seed field.

(4) Seed fields outside region of adaptation. Certification of seed fields outside regions of adaptation of a variety shall be limited to stands not exceeding six years of age.

(b) Specific requirements.

| | | | | | --- | --- | --- | --- | | Maximum permitted in each class | | | | | Factor | Foundation | Registered | Certified | | Other varieties1 | 0.2% | 0.5% | 1.0% | | Sweet clover | none | 10 plants per acre | 160 plants per acre |

Other varieties shall be considered to include offtype plants and plants that can be differentiated from the variety that is being inspected.

1 CRR-NY 116.5 Seed standards {#sec-1-crr-ny-116.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 116.5}

| | | | | | --- | --- | --- | --- | | Standards for each class | | | | | Factor | Foundation | Registered | Certified | | Pure seed (minimum) | 99.00% | 99.00% | 99.00% | | Inert matter (maximum) | 1.00% | 1.00% | 1.00% | | Weed seeds (maximum) | 0.10% | 0.20% | 0.50% | | Noxious weed seeds (maximum)1 | none | none | none | | Objectional weed seeds (maximum)2 | none | none | 27 per lb. | | Other crop seeds | | | | | Other kinds (maximum)3 | 0.10% | 0.10% | 0.50% | | Germination and hard seed (minimum) | 80.00% | 80.00% | 80.00% |

Noxious weed seeds shall include the following: bindweed (Convolvulus arvensis), Quackgrass (Agropyron repens), Canada Thistle (Cersium arvense), bedstraw (Galium spp.), dodder (Cuscuta spp.), horsenettle (Solanum carolinense), wild onion (Agrostemma githago), and Russian knapweed (Centaurea repens).

Objectionable weed seeds shall include the following: dogbane (Apocynum cannabinum), Johnson grass (Sorghum halepense), leafy spurge (Euphorbia esula), perennial sow thistle (Sonchus arvensis), and white top (Lepidium draba, L. repens, Hymenaphysa pubescens).

Sweet clover seed shall not exceed nine per pound for foundation seed; 90 per pound for registered seed; and 180 per pound for certified seed.

Part 117 DEERTONGUE SEED CERTIFICATION STANDARDS

1 CRR-NY 117.1 Application and amplification of general certification standards {#sec-1-crr-ny-117.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 117.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of deertongue seed.

(b) Section 96.1 of Part 96 of this Subchapter is amplified as follows to apply specifically to deertongue seed:

(1) Production of seed outside of the area of adaptation will be limited to stands not exceeding seven years of age, including the seeding year.

(2) The area of adaptation is considered to be those areas of the United States and Canada, north of 36° latitude and east of 98° longitude.

1 CRR-NY 117.2 Land requirements {#sec-1-crr-ny-117.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 117.2}

(a) To be eligible for the production of foundation seed, a field must not have grown or been seeded to the same species during the previous five years.

(b) To be eligible for the production of certified seed a field must not have grown or been seeded to another strain or variety of deertongue during the previous three years, except with foundation or certified seed of the same variety.

(c) No manure or other contaminating amendments shall be applied during the established and productive life of the stand.

1 CRR-NY 117.3 Field inspection {#sec-1-crr-ny-117.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 117.3}

A field inspection shall be made as the crop approaches maximum heading each year that a seed crop is produced.

1 CRR-NY 117.4 Field standards {#sec-1-crr-ny-117.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 117.4}

(a) Unit of certification.

A seed field shall be considered the unit of certification. A strip of ground at least five feet in width and which is mowed, uncropped or planted to some crop other than the deertongue shall constitute a field boundary.

(b) Isolation.

To be eligible for the production of foundation or certified seed, a seed field shall be isolated from any other strain or strains of the same crop in accordance with the requirements given in the following table:

| | | | | --- | --- | --- | | (Minimum isolation distance required) | | | | | Foundation | Certified | | | | | | Deertongue | 40 rods | 20 rods | | | | |

1 CRR-NY 117.5 Classification of seed {#sec-1-crr-ny-117.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 117.5}

Classes of seed shall be limited to breeder, foundation and certified seed, as defined in the general certification standards, section 96.4 of this Subchapter.

1 CRR-NY 117.6 Seed standards {#sec-1-crr-ny-117.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 117.6}

Representative samples of seed shall meet the following general standards:

| | | | | --- | --- | --- | | | Foundation | Certified | | Pure seed (minimum) | 97.0% | 97.0% | | Other crop seed | 2.0% | 2.0% | | Weed seeds | 1.0% | 3.0% | | Inert matter (maximum) | 3.0% | 3.0% | | Germination (minimum) | 70.0% | 70.0% | | | | |

Part 118 FLATPEA SEED CERTIFICATION STANDARDS

1 CRR-NY 118.1 Application and amplification of general certification standards {#sec-1-crr-ny-118.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 118.1}

(a) The general seed certification standards are basic and together with the following specific standards constitute the standards for the certification of flatpea seed.

(b) Section 96.1 of Part 96 of this Subchapter is amplified as follows to apply specifically to flatpea seed:

(1) Production of seed outside the area of adaptation shall be limited to six seed crops from a given field.

(2) Inside the area of adaptation there shall be no time limit.

(3) The area of adaptation is considered to be those areas of the United States and Canada, north of 36° latitude.

1 CRR-NY 118.2 Land requirements {#sec-1-crr-ny-118.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 118.2}

(a) To be eligible for the production of foundation seed a field must not have grown or been seeded to the same species during the previous five years.

(b) To be eligible for the production of certified seed, a field must not have grown or been seeded to another strain or variety of flatpea during the previous three years, except with foundation or certified seed of the same variety.

(c) No manure or other contaminating amendments shall be applied during the established and productive life of the stand.

1 CRR-NY 118.3 Field inspection {#sec-1-crr-ny-118.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 118.3}

A field inspection will be made at the time that off-types, related species and varietal admixtures can most readily be detected.

1 CRR-NY 118.4 Field standards {#sec-1-crr-ny-118.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 118.4}

(a) Unit of certification.

A seed field shall be considered the unit of certification. A strip of ground at least five feet in width and which is mowed, uncropped or planted to some crop other than flatpea shall constitute a field boundary.

(b) Isolation.

To be eligible for the production of foundation or certified seed, a seed field shall be isolated from other strains of Lathyrus sylvestris L. or other species of Lathyris or Vicia in accordance with requirements given in the following table:

| | | | | --- | --- | --- | | (Minimum isolation distance required) | | | | | Foundation | Certified | | Flatpea | 40 rods | 20 rods | | | | |

1 CRR-NY 118.5 Classification of seed {#sec-1-crr-ny-118.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 118.5}

Classes of seed shall be limited to breeder, foundation and certified seed, as defined in the general certification standards, section 96.4 of this subchapter.

1 CRR-NY 118.6 Seed standards {#sec-1-crr-ny-118.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 118.6}

Representative samples of seed shall meet the following general standards:

| | | | | --- | --- | --- | | | Foundation | Certified | | Pure seed (minimum) | 99.0% | 99.0% | | Other varieties (maximum) | 0.1% | 1.0% | | Other crop seed (maximum) | 0.1% | 0.2% | | Weed seeds (maximum) | 0.1% | 0.2% | | Germination quick (minimum) | 35.0% | 35.0% | | Total germination and hard seed (minimum) | 70.0% | 70.0% | | | | |

Part 119 INDUSTRIAL HEMP SEED CERTIFICATION STANDARDS

1 CRR-NY 119.1 Application of general certification standards {#sec-1-crr-ny-119.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 119.1}

(a) The general seed certification standards, as adopted by the Association of Official Seed Certifying Agencies in the 2018 edition of the Seed Certification Handbook, pages 6-7 and 65-67, are basic and constitute the standards for certification of industrial hemp seed.

(b) Copies of pages 6-7 and 65-67 of the 2018 edition of the Seed Certification Handbook, published by the Association of Official Seed Certifying Agencies, are available for public inspection and copying in the office of the Director of Plant Industry, Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, and in the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.

Subchapter B PREVENTION OF FRAUD IN SALE OF SOIL AND PLANT INOCULANTS (ARTICLE 10-A AGRICULTURE AND MARKETS LAW)

Part 120 SOIL AND PLANT INOCULANTS

1 CRR-NY 120.1 Brand definition {#sec-1-crr-ny-120.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 120.1}

Soil or plant inoculants and seeds or fertilizers inoculated with a culture of a specific microorganism, or a mixture of microorganisms, shall be deemed to be separate and distinct brands when differing either in name, brand or trademark, or in any other label characteristic.

1 CRR-NY 120.2 Effect of license {#sec-1-crr-ny-120.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 120.2}

A license for any soil or plant inoculant shall be deemed to authorize the sale, offer or exposure for sale within the State, during the life of the license, of such soil or plant inoculant by any person, provided that such soil or plant inoculant is sold, offered or exposed for sale under the exact label set forth in the application.

1 CRR-NY 120.3 Additional label requirement {#sec-1-crr-ny-120.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 120.3}

The label of each soil or plant inoculant shall contain the name and address of the person upon whose application the license was issued.

Subchapter C PREVENTION AND CONTROL OF DISEASE IN TREES AND PLANTS; INSECT PESTS; SALE OF FRUIT-BEARING TREES(ARTICLE 14, AGRICULTURE AND MARKETS LAW)

Part 127 GOLDEN NEMATODE (GLOBODERA ROSTOCHIENSIS) QUARANTINE

1 CRR-NY 127.1 Definitions {#sec-1-crr-ny-127.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 127.1}

As used in this Part, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:

(a) Agreement means an executed document between a person engaged in growing, dealing in, handling, grading or moving regulated articles and the commissioner, wherein such person agrees to comply with conditions specified in the agreement to prevent dissemination of golden nematode.

(b) Commissioner means the Commissioner of Agriculture and Markets of the State of New York and any officer or employee of the New York State Department of Agriculture and Markets or the United States Department of Agriculture duly delegated pursuant to section 17 of the Agriculture and Markets Law.

(c) Construction equipment means equipment used to move or transport soil, e.g., bulldozers, draglines, road scrapers, dump trucks, etc.

(d) Farm equipment means machinery, vehicles, implements, bags, containers and articles necessary, desirable or used in the production and marketing of crops and the movement of soil.

(e) Golden nematode means the nematode known as the golden nematode of potatoes (Globodera rostochiensis, formerly known as Heterodera rostochiensis).

(f) Host crops means Irish potatoes and plants of Irish potatoes, tomatoes and eggplants.

(g) Infestation means the presence of golden nematode.

(h) Moved and movement mean shipped, offered for shipment, received for transportation, transported, carried, moved or allowed to be moved by any person, including a common carrier, within or from the quarantined or regulated area.

(i) Permit means a written authorization of the commissioner for the handling and the movement of regulated articles, including a Federal certificate or limited permit.

(j) Potato grading station means any operation where potatoes are graded, sorted, washed or otherwise prepared for market.

(k) Quarantined area means the area designated as quarantined by this Part.

(l) Regulated area means those parts of the quarantined area which have been so designated by the commissioner pursuant to this Part.

(m) Regulated articles means: potatoes; tomato and eggplant transplants; root crops; soil or sod; plants with roots; true bulbs, corms, rhizomes and tubers of ornamental plants; hay; straw; plant litter; used farm equipment; used construction equipment; and any other article or means of conveyance as determined by the commissioner.

(n) Nonhost crops means crops other than those defined as host crops pursuant to subdivision (f) of this section.

1 CRR-NY 127.2 Quarantined areas {#sec-1-crr-ny-127.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 127.2}

(a) Cayuga County.

One area in the Town of Mentz in Cayuga County as described as follows: That portion of land in the Town of Mentz, which lies in an area bounded as follows: beginning at a point on Thompson Road, marked by latitude/longitude coordinates: 43.0361, -76.6506; then west to 43.0356, -76.6580; then north to 43.0363, -76.6580; then west to 43.0363, -76.6595; then south to 43.0355, -76.6594; then west to 43.0355, -76.6614; then north to 43.0378, -76.6630; then west to 43.0377, -76.6654; then south to 43.0324, -76.6654; then west to 43.0324, -76.6665 on Tow Path Road, continuing south on Tow Path Road to 43.0301, -76.6668; then southeast on Tow Path Road to 43.0291, -76.6608; then northeast on Tow Path Road to 43.0308, -76.6593; then north to 43.0310, -76.6594, continuing northeast to 43.0334, -76.6545; then north to 43.0351, -76.6547, continuing east to Thompson Road 43.0353, -76.6506; then north on Thompson Road to the point of the beginning at coordinates 43.0361, -76.6506.

(b) Livingston County.

Four areas within the Towns of Avon, Lima and Livonia in Livingston County as described as follows:

(1) South Lima - North Muck. That portion of land in the Town of Lima bounded as follows: beginning at a point along the north side of South Lima Road marked by latitude/longitude coordinates 42.8553, -77.6738; then north along a farm road to coordinates 42.8588, -77.6712; then east along a farm road to coordinates 42.8596, -77.6678; then north along a farm road to coordinates 42.8624, -77.6683; then east along a farm road to coordinates 42.8624, -77.6648; then north along a farm road to coordinates number 42.8735, -77.6651; then west along a farm road to coordinates number 42.8735, -77.6684; then south along Little Conesus Creek to coordinates 42.8712, -77.6693; then west to include a portion of an access road and gravel clean off site to coordinates 42.8712, -77.6705; then south to coordinates 42.8711, -77.6704; then east to coordinates 42.8711, -77.6699; then north to coordinates 42.8712, -77.6698; then east to coordinates 42.8711, -77.6693; then south along Little Conesus Creek to coordinates 42.8688, -77.6702; then west along a farm road to coordinates 42.8688, -77.6713; then south along a farm road to coordinates 42.8659, -77.6733; then south along a farm road to coordinates 42.8642, -77.6740; then west along a farm road to coordinates 42.8643, -77.6761; then south along a farm road to coordinates 42.8567, -77.6802; then east to coordinates 42.8564, -77.6741; then south along Little Conesus Creek to coordinates 42.8553, -77.6745; then east to point of the beginning at coordinates 42.8553, -77.6738.

(2) South Lima- South Muck. That portion of land in the Town of Lima bounded as follows: beginning at a point along the south side of South Lima Road marked by latitude/longitude coordinates 42.8552, -77.6774; then south to coordinates 42.8548, -77.6774; then east to coordinates 42.8548, -77.6767; then south to coordinates 42.8509, -77.6770; then south to coordinates 42.8447, -77.6772; then east to coordinates 42.8446, -77.6739; then north along a farm road to coordinates 42.8477, -77.6728; then east along a farm road to coordinates 42.8488, -77.6700; then north along a farm road to coordinates 42.8512, -77.6701; then west along a farm road to coordinates 42.8512, -77.6720; then north along a farm road to coordinates 42.8516, -77.6720; then west along a farm road to coordinates 42.8518, -77.6740; then north to coordinates 42.8541, -77.6740; then west to coordinates 42.8545, -77.6766; then north to coordinates 42.8552, -77.6765; then west to point of beginning at coordinates 42.8552, -77.6774.

(3) Wiggle Muck. That portion of land in the Town of Livonia bounded as follows: beginning at a point along the west side of Plank Road (State Highway 15A) marked by latitude/longitude coordinates 42.8489, -77.6136; then west to coordinates 42.8491, -77.6203; then south along a farm road to coordinates 42.8468, -77.6192; then south along a farm road to coordinates 42.8419, -77.6188; then east to coordinates 42.8422, -77.6161; then north along a farm road to coordinates 42.8487, -77.6168; then east to the west side of Plank Road marked by coordinates 42.8487, -77.6135; then north to the point of beginning at coordinates 42.8489, -77.6136.

(4) That portion of land in the Town of Avon bounded as follows: beginning at a point marked by latitude/longitude coordinates 42.9056, -77.6872; then east along a farm road to coordinates 42.9054, -77.6850; then east along a farm road to coordinates 42.9060, -77.6825; then north along a drainage ditch to coordinates 42.9069, -77.6823; then north along a drainage ditch to coordinates 42.9079, -77.6847; then north to coordinates 42.9103, -77.6844; then west along the south side of a farm road to coordinates 42.9103, -77.6857; then south along a farm road to the point of beginning at coordinates 42.9056, -77.6872.

(c) Nassau County.

Five separate areas located in the Town of Oyster Bay in Nassau County as described as follows:

(1) That portion of the land in the town of Oyster Bay and the Village of Old Brookville bounded as follows: beginning at a point marked by latitude/longitude coordinates 40.83129, -73.59173; then proceeding north along Hegemans Lane until the intersection with Chicken Valley Road; then heading southwest along Chicken Valley Road to coordinates 40.83756, -73.59717; then heading 254’ southeast to coordinates 40.83708, -73.59651; then heading south 754’ to coordinates 40.83512, -73.59614; then heading south-southeast 175' to coordinates 40.83461, -73.59584; then heading south 329' along a driveway to coordinates 40.83371, -73.59570; then heading southwest 76' along a farm road to coordinates 40.83353, -73.59584; then heading west 104' along a farm road to coordinates 40.83348, -73.59620; then heading southwest 278' along a farm road to coordinates 40.83277, -73.59656; then heading southeast 1441' along the south boundary of the Young's Farm to the beginning point at coordinates 40.83129, -73.59173.

(2) That portion of the land in the town of Oyster Bay and in the Village of Old Brookville bounded as follows: beginning at a point marked by latitude/longitude coordinates 40.83433, -73.59210; then heading south 399' along Hegemans Lane to coordinates 40.83323, -73.59205; then heading 403' northeast to coordinates 40.83353, -73.59065; then heading 263' north to Linden Lane at coordinates 40.83425, -73.59064; then heading west along Linden Lane to the intersection with Hegemans Lane and the beginning point at coordinates 40.83433, -73.59210.

(3) That portion of the land in the town of Oyster Bay and the Village of Old Brookville bounded as follows: beginning at a point marked by latitude/longitude coordinates N40.83652, W-73.58745; then heading south 452' to coordinates N40.83529, W-73.58735; then proceeding northeast 583' to coordinates N40.83565, W-73.58530; then heading north-northwest 400' to coordinates N40.83673, W-73.58556; then heading 529' southwest to the point of beginning at coordinates N40.83652, W-73.58745.

(4) That portion of the land in the town of Oyster Bay in the Villages of Upper Brookville and Matinecock bounded as follows: beginning at a point marked by latitude/longitude coordinates 40.86318, -73.56713; proceeding south-southeast along Chicken Valley Road to coordinates 40.85942, -73.56808; then heading east 819' through a wooded area to coordinates 40.85961, -73.56513; then heading southeast 1462' through a wooded area to coordinates 40.85580, -73.56348; continuing southeast 1065' through a wooded area to coordinates 40.85315, -73.56189; then heading northeast 1167' along the border with a golf course to coordinates 40.85470, -73.55819; continuing northeast 317' along the border with the golf course to coordinates 40.85527, -73.55733; then heading east 1278' along the border with a golf course to coordinates 40.85574, -73.55275; then heading south 275' along the border with a golf course to coordinates 40.85499, -73.55263; then heading northeast 873' along the golf course boundary to coordinates 40.85646, -73.55014; then heading northwest 1463' through a wooded area to coordinates 40.86023, -73.55194; then heading 615' southwest along the border of a residential area to coordinates 40.85990, -73.55413; then heading 280' northwest through a wooded area to coordinates 40.86044, -73.55485; then heading northwest 188' along a residential driveway to coordinates 40.86095, -73.55496; then heading west 337' along a residential driveway to coordinates 40.86096, -73.55618; then heading northwest 309' along a residential driveway to coordinates 40.86176, -73.55654; then heading north-northwest 103' along a residential driveway to coordinates 40.86204, -73.55661; continuing north-northwest 38' along a residential driveway to coordinates 40.86214, -73.55663; then heading north 108' along a residential driveway to coordinates 40.86244, -73.55661; then heading northwest 135' along a residential driveway to coordinates 40.86279, -73.55676; continuing northwest 95' along a residential driveway to coordinates 40.86304, -73.55688; then heading east 106' to a residential driveway at coordinates 40.86305, -73.55650; then heading northeast 172' along a residential driveway to coordinates 40.86315, -73.55589; continuing northeast 160' along a residential driveway to coordinates 40.86330, -73.55534; continuing northeast 20' along a residential driveway to coordinates 40.86333, -73.55529; continuing northeast 141' along a residential driveway to coordinates 40.86365, -73.55499; continuing northeast 106' along a residential driveway to coordinates 40.86390, -73.55479; then heading north-northeast 20' along a residential driveway to coordinates 40.86395, -73.55476; continuing north-northeast 107' along a residential driveway to coordinates 40.86423, -73.55465; continuing north-northeast 111' along a residential driveway to coordinates 40.86453, -73.55457; continuing north-northeast 207' along a residential driveway to coordinates 40.86509, -73.55450; then heading north 53' along a residential driveway to coordinates 40.86524, -73.55451; then heading northeast 153' along a paved driveway to coordinates 40.86551, -73.55409; continuing northeast 173' along a paved driveway to coordinates 40.86573, -73.55354; continuing northeast 71' along a paved driveway to coordinates 40.86586, -73.55335; then heading north-northeast 47' along a paved driveway to coordinates 40.86596, -73.55325; continuing north-northeast 70' along a paved driveway to coordinates 40.86614, -73.55314; continuing north-northeast 79' along a paved driveway to coordinates 40.86635, -73.55306; then heading north-northeast 109' along a paved driveway to coordinates 40.86664, -73.55300; then heading north 129' along a paved driveway to coordinates 40.86699, -73.55296; continuing north 122' along a paved driveway to coordinates 40.86733, -73.55292; then heading north-northeast 182' along a paved driveway to coordinates 40.86782, -73.55278; then heading north 23' along a paved driveway to coordinates 40.86788, -73.55277; then heading north 36' along a paved driveway to its intersection with Planting Fields Road at coordinates 40.86798, -73.55281; then heading southwest along Planting Fields Road to the intersection with Chicken Valley Road at the point of beginning at coordinates 40.86318, -73.56713.

(5) That portion of the land in the Town of Oyster Bay and in the Hamlet of Old Bethpage bounded as follows: beginning at a point marked by latitude/longitude coordinates 40.77033, -73.44604; then proceeding southwest 1997' through a wood line to Winding Road at coordinates 40.76550, -73.44931; then heading south along Winding Road to coordinates 40.76296, -73.44855; then heading northeast 2134' through a wood line to coordinates 40.76457, -73.44116; then heading north 1197' along the Nassau County/Suffolk County Border to coordinates 40.76767, -73.44178; then heading west 250' through a wood line to Bethpage Restoration Road at coordinates 40.76762, -73.44263; then heading north-northwest along Bethpage Restoration Road to coordinates 40.76999, -73.44343; then heading southwest along Bethpage Restoration Road to coordinates 40.76900, -73.44451; then heading northwest 334' along a gravel path to coordinates 40.76988, -73.44487; then heading northwest 364' along a gravel path to the point of beginning at coordinates 40.77033, -73.44604.

(d) Orleans County.

Three separate areas within the Town of Barre in Orleans County as described as follows:

(1) That portion of land in the Town of Barre bounded as follows: beginning at a point on the north side of Spoil Bank Road marked by latitude-longitude coordinates 43.1327, -78.1234; then east along a farm road running parallel to Spoil Bank Road to coordinates 43.1327, -78.1191; then north along a willow hedge row to coordinates 43.1354, -78.1191; then west along a drainage ditch to coordinates 43.1353, -78.1227; then northwest along a drainage ditch to coordinates 43.1354, -78.1230; then northwest to coordinates 43.1355, -78.1232; then west to coordinates 43.1355, -78.1233; then southwest to coordinates 43.1354, -78.1234; then south along a drainage ditch to the point of beginning at coordinates 43.1327, -78.1234.

(2) That portion of land in the Town of Barre bounded as follows: beginning at a point marked by latitude-longitude coordinates 43.1548, -078.1199; then east along a farm road to coordinates 43.1548, -078.1166; then south to coordinates 43.1524, -078.1167; then west to coordinates 43.1524, -078.1199; then north along a willow hedgerow to the point beginning at coordinates 43.1548, -078.1199.

(3) That portion of land in the Town of Barre bounded as follows: beginning at a point marked by latitude-longitude coordinates 43.1551, -78.1240; then west to coordinates 43.1551, -78.1244; then southwest to coordinates 43.1550, -78.1245; then southwest to coordinates 43.1550, -78.1245; then south to coordinates 43.1549, -78.1245; then west along a drainage ditch to coordinates 43.1548, -78.1264, then north to coordinates 43.1596, -78.1266; then east along a farm road to coordinates 43.1597, -78.1243; then south along a willow hedge to the point of beginning at coordinates 43.1551, -78.1240.

(e) Seneca County.

One area in the Town of Tyre in Seneca County as described as follows:

(1) That portion of land in the Town of Tyre which lies in an area bounded as follows: beginning at a point on west side of Crusoe Creek, marked by latitude/longitude coordinates: 43.0165, -76.7320, then west to 43.0196, -76.7400, then south to 43.0179, -76.7405, then west to 43.0189, -76.7471, then south to 43.0150, -76.7488, then east to 43.0147, -76.7469, then south to 43.0114, -76.7479, then east to 43.0092, -76.7384, then south to 43.0058, -76.7376, continuing east to Crusoe Creek at 43.0080, -76.7298, then north along Crusoe Creek to the point of beginning at coordinates 43.0165, -76.7320.

(f) Stueben County.

The areas in the Towns of Prattsburgh, Wheeler, Dansville and Fremont in Steuben County as described as follows:

(1) Eight areas in the Town of Prattsburgh as described as follows:

(i) That portion of land in the Town of Prattsburgh which lies in an area bounded as follows: beginning at a point at the intersection of Butts Road and latitude/longitude coordinates 42.51526, -77.34065; then west to coordinates 42.515, -77.34183; then southwest to coordinates 42.514187, -77.343394; then north to coordinates 42.517449, -77.343369; then east to coordinates 42.51744, -77.34063; then south to the point of beginning at the intersection of Butts Road and coordinates 42.51526, -77.34065.

(ii) That portion of land in the Town of Prattsburgh which lies in an area bounded as follows: beginning at a point at the intersection of Rosy Hill Road and latitude/longitude coordinates 42.5268, -77.34996; then southwest to coordinates 42.5257, -77.35164; then north to coordinates 42.52613, -77.35173; then northwest to coordinates 42.52618, -77.35613; then north to coordinates 42.53049, -77.35622; then northeast to coordinates 42.53116, -77.35543; then north to coordinates 42.53342, -77.35577; then east to coordinates 42.53342, -77.35577; then south to the point of beginning at the intersection of Rosy Hill Road and coordinates 42.5268, -77.34996.

(iii) That portion of land in the Town of Prattsburgh which lies in an area bounded as follows: beginning at a point at the intersection of Burke Road and latitude/longitude coordinates 42.565311, -77.342225; then southwest to coordinates 42.559387, -77.348188; then west to coordinates 42.559380, -77.348940; then north to coordinates 42.560299, -77.350111; then north to coordinates 42.565330, -77.350083; then east to coordinates 42.565320, -77.347324; then south to coordinates 42.563879, -77.347732; then east to coordinates 42.563775, -77.346060; then north to coordinates 42.565308, -77.345554; then east to point of beginning at the intersection of Burke Road and coordinates 42.565311, -77.342225.

(iv) That portion of land in the Town of Prattsburgh which lies in an area bounded as follows: beginning at a point at latitude/longitude coordinates 42.55212, -77.34029; then south to coordinates 42.54724, -77.34002; then west to coordinates 42.54719, -77.34591; then north to coordinates 42.5521, -77.34581; then east to the point of beginning at coordinates 42.55212, -77.34029.

(v) That portion of land in the Town of Prattsburgh which lies in an area bounded as follows: beginning at a point at the intersection of Route 53 and latitude/longitude coordinates 42.50362, -77.28569; then east to coordinates 42.50342, -77.27982; then north to coordinates 42.507023, -77.279491; then west to coordinates 42.5073, -77.28597; then south to the point of beginning at the intersection of Route 53 and coordinates 42.50362, -77.28569.

(vi) That portion of land in the Town of Prattsburgh which lies in an area bounded as follows: beginning at a point east of Fairgrounds Road at latitude/longitude coordinates 42.54013, -77.27184; then east to coordinates 42.53909, -77.26995; then north to coordinates 42.54472, -77.26729; then west to coordinates 42.54473, -77.27235; then south to coordinates 42.54266, -77.274; then southeast to the point of beginning at coordinates 42.54013, -77.27184.

(vii) That portion of land in the Town of Prattsburgh which lies in an area bounded as follows: beginning at a point at the intersection Butts and Walker Roads at latitude/longitude coordinates 42.515065, -77.333373; then south along Walker Road to coordinates 42.505017, -77.341046; then west to coordinates 42.505031, -77.347189; then north to coordinates 42.507573, -77.346247; then northeast to coordinates 42.508127, -77.345860; then north to coordinates 42.509437, -77.344628; then northeast to coordinates 42.511963, -77.341544; then northwest to coordinates 42.512556, -77.341535; then north to coordinates 42.513617, -77.340663; then northwest to coordinates 42.514821, -77.340908; then north to coordinates 42.515139, -77.340667; then east to the point of beginning at the intersection Butts and Walker Roads at coordinates 42.515065, -77.333373.

(viii) That portion of land in the Town of Prattsburgh which lies in an area bounded as follows: beginning at a point at the intersection of Walker Road and latitude/longitude coordinates 42.504810, -77.341195; then south to intersection of Walker and Wraight Roads at coordinates ; 42.500415, -77.344465; then west to coordinates 42.500379, -77.346201 then northeast to coordinates 42.502987, -77.344250; then east to coordinates 42.502882, -77.343723; then north to coordinates 42.504838, -77.342257; then east to the point of beginning at the intersection of Walker Road and coordinates 42.504810, -77.341195.

(2) One area in the Town of Wheeler as described as follows:

(i) That portion of land in the Town of Wheeler which lies in an area bounded as follows: beginning at a point southwest of Everett Road marked by latitude/longitude coordinates 42.485366, -77.356217; then south to coordinates 42.483093, -77.356336; then west to coordinates 42.483108, -77.358032; then south to coordinates 42.479890, -77.358191; then west to coordinates 42.479988, -77.364862; then north to coordinates 42.480394, -77.364889; then northeast to coordinates 42.481619, -77.361547; then east to the point of beginning point at coordinates 42.485366, -77.356217.

(3) Two areas in the Town of Dansville as described as follows:

(i) The area known as Arkport Muck North located in the Town of Dansville bounded as follows: beginning at a point along the west bank of the marsh ditch that intersects a farm road marked by latitude/longitude coordinates 42.4230, -77.7121; then north along the marsh ditch to coordinates 42.4314, -77.7158; then west along a farm road to coordinates 42.4307, -77.7204; then south along the edge of a forest to coordinates 42.4284, -77.7194; then west along a farm road to coordinates 42.4282, -77.7201; then south along a farm road to coordinates 42.4255, -77.7189; then east along a tree line to coordinates 42.4254, -77.7180; then south along a tree line to coordinates 42.4230, -77.7157; then east to point of beginning at coordinates 42.4230, -77.7121.

(ii) The area known as Arkport Muck South located in the Town of Dansville bounded as follows: beginning at a point along the west side of Route 36 marked by latitude/longitude coordinates 42.4034, -77.6986; then north along the west side of Route 36 to coordinates 42.4145, -77.6999; then west along a farm road to coordinates 42.4145, -77.7029; then north along a farm road to coordinates 42.4160, -77.7036; then west along a farm road to coordinates 42.4162, -77.7083; then north along the west bank of the marsh ditch to coordinates 42.4186, -77.7097; then west along a farm road to coordinates 42.4181, -77.7121; then north along a farm road to coordinates 42.4214, -77.7140; then west along a farm road to coordinates 42.4211, -77.7198; then south along the east side of the Conrail right-of-way (Erie Lackawanna Railroad) to coordinates 42.4050, -77.7107; then east along a farm road to coordinates 42.4049, -77.7038; then south along a farm road to coordinates 42.4034, -77.7030; then east to point of beginning at coordinates 42.4034, -77.6986.

(4) One area in the Town of Fremont as described as follows:

(i) That portion of land in the Town of Fremont that is bounded as follows: beginning at a point on Babcock Road that intersects a farm road marked by latitude/longitude coordinates 42.4368, -77.5751; then west along the farm road to coordinates 42.4367, -77.5780; then south to coordinates 42.4360, -77.5780; then west to coordinates 42.4359, -77.5807; then south to coordinates 42.4335, -77.5806; then east to coordinates 42.4333, -77.5778; then south to coordinates 42.4318, -77.5777; then east to coordinates 42.4323, -77.5771; then north to coordinates 42.4330, -77.5763; then east to coordinates 42.4330, -77.5761; then north to coordinates 42.4349, -77.5756; then east to coordinates 42.4349, -77.5749; then north to the point of beginning at coordinates 42.4368, -77.5751.

(g) Suffolk County.

The areas in the Towns of Brookhaven, East Hampton, Huntington, Southampton, Southold and Riverhead in Suffolk County as described as follows:

(1) One area in the Town of Brookhaven in Suffolk County as described as follows: that portion of the land in the Town of Brookhaven and the Hamlet of Manorville bounded as follows: beginning at a point marked by latitude/longitude coordinates 40.854223, -72.824083; then proceeding east along South Street to coordinates 40.855118, -72.817193 at the intersection of South Street and Wading River Road; then proceeding northwest along Wading River Road to the intersection with the south ramp of the Long Island Expressway at coordinates 40.862059, -72.821661; the heading west along the south ramp of the Long Island Expressway to coordinates 40.861825, -72.824837; then proceeding 201' southwest to coordinates 40.861729, -72.825553; continuing southwest 88' to coordinates 40.861567, -72.825791; then heading south 83' along a wood line to coordinates 40.861338, -72.825789; continuing south 116' along a wood line to coordinates 40.86102, -72.825746; continuing southeast 96' along a wood line to coordinates 40.860763, -72.825671; then heading 92' southwest along the wood line to coordinates 40.860523, -72.825778; then heading 47' south along the wood line to coordinates 40.860393, -72.825771; then heading southeast 194' along the wood line to coordinates 40.859943, -72.826145; continuing 87' southwest along the wood line to coordinates 40.859719, -72.826251; continuing 200' southwest along the wood line to coordinates 40.859213, -72.826533; then heading southeast 112' along the wood line to coordinates 40.858909, -72.826465; then heading east 232' along the wood line to coordinates 40.858939, -72.825625; then heading south 828' along the wood line to coordinates 40.856676, -72.825344; then heading east 246' along the northern boundary of a horse farm to coordinates 40.856786, -72.824467; then south 940' along the boundary of a horse farm to the point of beginning at coordinates 40.854223, -72..824083.

(2) Three separate areas in the Town of Huntington in Suffolk County as described as follows:

(i) That portion of the land in the Town of Huntington and the Hamlet of Melville bounded as follows: Beginning at a point marked by latitude/longitude coordinates N40.776727, W-72.420232; then proceeding southwest 788' along Broad Hollow Road to coordinates N40.774661, W-72.421079; then heading east 2354' along Huntington Quadrangle Road to coordinates N40.774845, W-73.412581; then heading south 2095' parallel to Maxess Road to coordinates N40.769105, W-73.412192; then heading southeast 250' along Bayliss Road to coordinates N40.768918, W-73.411323; then heading 2734' north to coordinates N40.776422, W-73.411481; then heading east 1820' to coordinates N40.776745, W-73.404922; then heading north 233' along Pinelawn Road to coordinates N40.777383, W-73.404847; then heading west 4267' to the starting point at coordinates N40.776727, W-73.420232;

(ii) That portion of the land in the Town of Huntington and the Hamlet of Melville bounded as follows: beginning at a point marked by latitude/longitude coordinates N40.795408, W-73.408068; then proceeding south 1645' along to coordinates N40.790923, W-73.407372; then proceeding east 1110' to coordinates N40.791009, W-73.403366; then heading north 2033' parallel to Bedell Street to coordinates N40.796560, W-73.404124; then heading southwest 1170' along Old Country Road to the starting point at coordinates N40.795408, W-73.408068;

(iii) That portion of the land in the Town of Huntington and the Hamlet of Dix Hills bounded as follows: beginning at a point marked by latitude/longitude coordinates N40.790416, W-73.34100; then proceeding southeast 306' along Deer Park Road to coordinates N40.789601, W-73.340729; continuing southeast 272' along Deer Park Road to coordinates N40.788884, W-73.340453; continuing southeast 530' along Deer Park Road to coordinates N40.787492, W-73.339901; then proceeding northeast 1002' to coordinates N40.788334, W-73.336456; then proceeding northwest 541' to coordinates N40.78973, W-73.337117; continuing northwest 554' to coordinates N40.791180, W-73.337714; then proceeding southwest 952' to the starting point at coordinates N40.790416, W-73.34100.

(3) Four separate areas in the Town of East Hampton in Suffolk County as described as follows:

(i) That area in the Town of East Hampton bounded by a line beginning at point N40.944763 W-72.262781 at the intersection of Route 27 and Town Line Road: Moving southeast along Town Line Road to the Atlantic shoreline; then northeast along the Atlantic shoreline to Georgica Association Road; then following Georgica Association Road northwest to its intersection with Wainscott Main Street; then southwest along Wainscott Main Street to the intersection with Sayre’s Path; then northwest along Sayre’s Path until the intersection with Route 27; then west-southwest along Route 27 to the beginning point of N40.944763 W-72.262781.

(ii) That area in the Town of East Hampton bounded by a line beginning at point N40.971399 W-72.222207 at the intersection of Route 114 and Stephen Hands Path: Moving southeast along Route 114, crossing the railroad tracks until the intersection with Toilsome Lane; the moving northeast along Toilsome Lane until the intersection with Dayton Lane; then east along Dayton Lane until the intersection with Maidstone Avenue; then north along Maidstone Avenue until the intersection with Gingerbread Lane; then west along Gingerbread Lane until the intersection with King Street; then north along King Street until the intersection with Newtown Lane; then west along Newtown Lane until the intersection with Gould Street; then north along Gould Street until the intersection with Cedar Street; then northwest along Cedar Street until the intersection with Stephen Hands Path; then south-southeast along Stephen Hands Path until latitude/longitude coordinates N40.974517 W-72.220843; then 1200’ west to latitude/longitude coordinates N40.975342 W-72.225070; then southwest 180’ to latitude/longitude coordinates N40.974893 W-72.225356; then southeast 795' to latitude/longitude coordinates N40.974001 W-72.222727; then south 275’ to latitude/longitude coordinates N40.973281 W-72.223016; then east 460' to Stephen Hands Path at latitude/longitude coordinates N40.972964 W-72.221433; then southeast along Stephen Hands Path to the intersection with Route 114 at the beginning latitude/longitude coordinates of N40.971399 W-72.222207; this area described herein excludes the area bounded as follows: beginning at a point on the south side of Long Lane marked by latitude/ longitude coordinates N40.972012 W-72.208956; then south-southwest along a farm road to coordinates N40.969465 W-72.211184; then southeast to coordinates N40.967229 W-72.205918; then northeast to the south side of Long Lane at coordinates N40.969776 W-72.203776; the northwest along the south side of Long Lane to the point of beginning at coordinates N40.972012 W-72.208956.

(iii) That area in the Town of East Hampton bounded by a line beginning at latitude/longitude coordinates N40.967799 W-72.166566 at the intersection of Route 27 (Pantigo Road) and Cross Highway: Moving southeast on Cross Highway entering the Village of East Hampton to the intersection with Further Lane; then southwest along Further Lane to the intersection with 2 Mile Hollow Road; then southeast along 2 Mile Hollow Road to the Atlantic Shoreline; then northeast along the Atlantic Shoreline exiting the Village of East Hampton until the meeting with Indian Wells Highway; then northwest along Indian Wells Highway until the intersection with Further Lane; then southwest along Further Lane until the intersection with Skimhampton Road; then west along Skimhampton Road until the intersection with Route 27 (Pantigo Road); then west along Route 27 (Pantigo Road) until the intersection with Cross Highway and the beginning latitude/longitude coordinates at N40.967799 W-72.166566.

(iv) That area in the Town of East Hampton bounded by a line beginning at latitude/longitude coordinates N40.973748 W-72.144006 at the intersection of Windmill Lane and Route 27 (Main Street): Moving northeast along Route 27 (Main Street) until the intersection with Abraham’s Landing Road; then northeast along Abraham’s Landing Road, crossing the railroad tracks, until the intersection with Old Stone Highway; then northwest along Old Stone Highway until the intersection with Town Lane; then southwest along Town Lane to the southeast corner of Balsam Farms at latitude/longitude coordinates N40.983057 W-72.147481; then northwest along the farm boundary to latitude/longitude coordinates N40.985616 W-72.150181; then west along the farm boundary to latitude/longitude coordinates N40.98506 W-72.151878; then southwest along the farm boundary to latitude/longitude coordinates N40.984972 W-72.153095; then northwest along the farm boundary to latitude/longitude coordinates N40.985639 W-72.154549; then southwest along the farm boundary to the intersection with Abraham’s Path at latitude/longitude coordinates N40.984079 W-72.157904; then south along Abraham’s Path to the intersection with Town Lane; then east along Town Lane until the intersection with Windmill Lane; then southeast along Windmill Lane to the beginning latitude/longitude coordinates at N40.973748 W-72.144006.

(4) Town of Riverhead in Suffolk County in its entirety, with the exception of four areas, bounded as follows:

(i) That area in the Town of Riverhead bounded by a line beginning on Twomey Avenue at latitude/ longitude coordinates N40.936440 W-72.733942; then moving southeast along Twomey Avenue to its intersection with Manor Road; then northwest along Manor Road to the beginning of a farm road at latitude/ longitude coordinates N40.93082 W-72.735053; then north-northeast along the farm road to latitude/ longitude coordinates N40.934723 W-72.737812; then moving 1,241' northeast along a fence line to the beginning point at latitude/ longitude coordinates N40.936440 W-72.733942.

(ii) That area in the Town of Riverhead bounded by a line beginning at latitude/longitude coordinates N40.977812 W-72.595970; then moving 545' southwest along a tree line to coordinates N40.977212 W-72.597234; then moving 2250' southeast to coordinates N40.973282 W-72.593756; then moving 530' northeast along to coordinates N40.973697 W-72.592434; then moving 2360' northwest along a farm road to the beginning point at latitude/ longitude coordinates N40.977812 W-72.595970.

(iii) That area in the Town of Riverhead bounded by a line beginning on Manor Lane at latitude/ longitude coordinates N40.974430 W-72.601573; then moving 1560' southeast along Manor Lane to coordinates N40.970824 W-72.598561; then moving 310' southwest along a driveway to coordinates N40.970400 W-72.599444; then moving 235' southeast along a driveway to coordinates N40.969849 W-72.599029; then moving 255' southwest along a driveway to coordinates N40.969481 W-72.599808; then moving 1770' northwest along a farm road to coordinates N40.973566 W-72.603401; then moving 590' northeast along a fence line to the beginning point at coordinates N40.974430 W-72.601573.

(iv) That area in the Town of Riverhead bounded by a line beginning at the intersection of Sound Avenue and Suffolk County Route 105 at latitude/ longitude coordinates N40.967046 W-72.658028; then moving southeast along Suffolk County Route 105 to a farm road entrance at coordinates N40.960499 W-72.651743; then moving 810' southwest along the farm road to coordinates N40.959589 W-72.653593; then moving 2780' northwest along a farm road to coordinates N40.964172 W-72.657981; then moving 1700' southwest along a farm road to coordinates N40.962108 W-72.661671; then moving 5100’ southeast along a farm road to its intersection with Northville Turnpike at coordinates N40.953509 W-72.653612; then moving 2515’ southwest along Northville Turnpike to a farm road entrance at coordinates N40.948543 W-72.655352; then moving 2990' northwest along the farm road to coordinates N40.953583 W-72.660128; then moving 905' northeast along a farm road to coordinates N40.954572 W-72.658085; then moving 2930' northwest along a farm road to coordinates N40.959549 W-72.662738; then moving 850' southwest along a farm road to coordinates N40.958561 W-72.664660; then moving 5630' northwest along a farm road to its intersection with Sound Avenue at coordinates N40.968148 W-72.673382; then moving east on Sound Avenue to its intersection with Suffolk County Route 105 at the beginning point at coordinates N40.967046 W-72.658028.

(5) One area in the Town of Southampton in Suffolk County as described as follows: That area in the Town of Southampton bounded by a line beginning at latitude/longitude coordinates N40.88011 W-72.36056 on the Atlantic shoreline in the Village of Southampton: Moving northwest along Baron’s Lane to its intersection with Wickapogue Road; then west along Wickapogue Road to its intersection with Old Town Road; then north-northwest along Old Town Road to its intersection with Hampton Road; then northeast along Hampton Road to its intersection with David Whites Lane; then north-northwest along David Whites Lane to its intersection with the Montauk Branch of the Long Island Railroad; then west along the Montauk Branch of the Long Island Railroad to its intersection with North Sea Road; then southeast along North Sea Road to its intersection with West Prospect Street; then west along Prospect Street to its intersection with Halsey Street; then south along Halsey Street to its intersection with Hill Street; then west along Hill Street to its intersection with Halsey Neck Lane; then south along Halsey Neck Lane to its intersection with Great Plains Road; then east along Great Plains Road to its intersection with Coopers Neck Lane; then south on Coopers Neck Lane to its intersection with Meadowmere Lane; then west on Meadowmere Lane to its intersection with Halsey Neck Lane; then north on Halsey Neck Lane to its intersection with Boyeson Road; then northwest on Boyeson Road to its intersection with Captain’s Neck Lane; then north on Captain’s Neck Lane to its intersection with Ox Pasture Road; then west on Ox Pasture Road to its intersection with Lee Avenue; then north on Lee Avenue to its intersection with Hill Street; then west on Hill Street to its intersection with Tuckahoe Lane; then north on Tuckahoe Lane to its intersection with County Road/ Route 39; then northeast along County Road/ Route 39 to its intersection with Henry Road; then north-northeast along Henry Road to its intersection with Majors Path; then north along Majors Path to its intersection with North Sea-Mecox Road; then east along North Sea-Mecox Road to its intersection with Long Springs Road; then north along Long Springs Road to its intersection with Edge of Woods Road; then east on Edge of Woods Road to its intersection with the high tension electrical utility access road; then northeast along the high tension electrical utility access road to its intersection with 7 Ponds Towd Road; then northwest along 7 Ponds Towd Road to the southeast corner of the agricultural field with the USDA designation of 38-C-07 at point N40.933272 W-72.377273; then 650’ west along the south boundary line of 38-C-07 to point N40.933061 W-72.379587 located at the southwest corner of the field; then 300’ north along the west boundary line of field 38-C-07 to point N40.933872 W-72.379750 located at the northwest corner of the field; then 690’ east along the northern boundary line of field 38-C-07 to the northeast corner of the field that intersects with 7 Ponds Towd Road at point N40.934107 W-72.377240; then north along 7 Ponds Towd Road to its intersection with Water Mill Towd Road; then southeast along Water Mill Towd Road to its intersection with the high tension electrical utility access road; then northeast along the high tension electric utility access road to its intersection with Brick Kiln Road; then southeast along the high tension electrical utility access road to its intersection with Bridgehampton-Sag Harbor Turnpike; then south on Bridgehampton-Sag Harbor Turnpike to its intersection with Narrow Lane; then northeast along Narrow Lane to its intersection with Sagg Road; then north along Sagg Road to its intersection with Merchant’s Path; then northeast along Merchants Path to its intersection with Ranch Court; then southeast and east along Ranch Court until it becomes East Woods Path; then northeast along East Woods Path to its intersection with Wainscott Harbor Road; then south-southeast along Wainscott Harbor Road to its intersection with Montauk Highway; then west along Montauk Highway to its intersection with Town Line Road; then southeast along Town Line Road to the Atlantic shoreline; then southwest along the Atlantic shoreline to the point of beginning at coordinates N40.88011 W-72.36056.

(6) Two areas in the Town of Southold in Suffolk County as described as follows:

(i) That area in the town of Southold bounded by a line beginning at the boundary where the Town of Southold adjoins the Town of Riverhead on the coastline with the Long Island Sound; moving northeast along the coastline with the Long Island Sound in the Town of Southold to coordinates N41.088839 W-72.414972 within Town Beach Park in the Hamlet of Southold; then moving southeast approximately 210’ to Suffolk County Road 48; then heading southwest along Suffolk County Road 48 until it connects to Boisseau Avenue; then heading southeast and then north along Boisseau Avenue until it connects to Yennecott Drive; then heading east along Yennecott Drive until it intersects Laurel Avenue; then heading southeast along Laurel Avenue until it intersects New York State Route 25 (Main Road); then heading northeast along New York State Route 25 (Main Road) until it connects to Bay Home Road; then heading southeast along Bay Home Road until it terminates at the coastline on Southold Bay at coordinates N41.070901 W-72.404686; then following the Town of Southold’s southern coastline until it adjoins with the boundary of the Town of Riverhead; then moving northwest along the boundary with the Town of Riverhead to the beginning point where the Towns of Southold and Riverhead adjoin on the coastline with Long Island Sound; not including the area in the Hamlet of Cutchogue bounded by a line beginning at the intersection of Depot Lane in the Hamlet of Cutchogue and the Long Island Railroad tracks at latitude/ longitude coordinates N41.021400 W-72.497653; then moving southeast along Depot Lane until the intersection with New York State Route 25 (Main Road); then moving 1600’ northeast along New York State Route 25 (Main Road) to coordinates N41.017331 W-72.481966; then moving 1,022’ northwest along the eastern boundary of a church and a cemetery to coordinates N41.018963 W-72.484977; then moving 395’ northeast along a tree line to coordinates N41.019864 W-72.484182; then moving 286’ northwest along a tree line to coordinates N41.020325 W-72.485023; then moving 127’ northeast along a tree line to coordinates N41.020597 W-72.484735; then moving 535’ northwest along Sterling Lane to coordinates N41.021415 W-72.486347; then moving 545’ northeast along a farm road to coordinates N41.022663 W-72.485264; then moving 652’ northwest along a farm road to coordinates N41.023697 W-72.487193; then moving 97’ northeast along a farm road to coordinates N41.023920 W-72.486999; then moving 712’ northwest along a farm road to coordinates N41.024972 W-72.489175; then moving 613’ southwest along a farm road to coordinates N41.023653 W-72.490553; then moving 745’ northwest along a tree line to its juncture at the Long Island Railroad tracks at coordinates N41.024790 W-72.492793; then moving southwest along the Long Island Railroad tracks to its intersection with Depot Lane at the beginning coordinates of N41.021400 W-72.497653.

(ii) The area known as Robins Island, within the jurisdiction of the town of Southold, in its entirety.

(h) Wayne County.

Four separate areas in the Town of Savannah in Wayne County which lies in an area bounded as follows:

(1) That portion of land in the Town of Savannah that is bounded as follows: beginning at a point on Taylor Road, marked by latitude/longitude coordinates 43.0796, -76.7221, then west to 43.0794, -76.7271; then south to a point on Savannah-Spring Lake Road at coordinates 43.0765, -76.7268, continuing east on Savannah-Spring Lake Road to intersection with Taylor Road, then north on Taylor Road to the point of beginning at coordinates 43.0796, -76.7221.

(2) That portion of land in the Town of Savannah that is bounded as follows: beginning at the northeast corner, 43.0598, -76.7324, continuing west to 43.0610, -76.7359; then south 43.0602, -76.7364; then west 43.0606, -76.7379, continuing south to Railroad Road 43.0593, -76.7390; then east on Railroad Road to 43.0572, -76.7322; then north to the point of beginning at coordinates 43.0598, -76.7324.

(3) That portion of land in the Town of Savannah that is bounded as follows: beginning at northeast corner 43.0559, -76.7193, continuing west along Conrail Rail Road Tracks 43.0562, -76.7301; then south to 43.0506, -76.7329; then east to 43.0456, -76.7233; then north to 43.0504, -76.7226, continuing east to 43.0503, -76.7202; then north to the point of beginning at coordinates 43.0559, -76.7193.

(4) That portion of land in the Town of Savannah that is bounded as follows: beginning at northeast corner, 43.0325, -76.7223, continuing West to 43.0349, -76.7383; then south to Route 31, 43.0233, -76.7446, continuing east on Route 31 to Crusoe Creek, 43.0204, -76.7280; then north along Crusoe Creek Road, 43.0306, -76.7214; then north to the point of beginning at coordinates 43.0325, -W76.7223.

1 CRR-NY 127.3 Regulated areas {#sec-1-crr-ny-127.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 127.3}

(a) Areas within a quarantined area which are infested or which have been exposed to infestation due to location or equipment usage may be designated as regulated areas.

(b) The commissioner will, by personal service or by certified mail, serve or cause to be served on the owners, operators or occupants thereof written notice designating and clearly defining the boundaries of a regulated area.

1 CRR-NY 127.4 Prohibitions {#sec-1-crr-ny-127.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 127.4}

In the quarantined or regulated areas the following acts and activities are prohibited:

(a) the movement of living golden nematodes in any stage of development, whether moved independently of, in connection with, on or as a part of any article, except as authorized in this Part;

(b) the production of and marketing as seed potatoes in a quarantined area, except that in an area not designated as a regulated area seed potatoes may be produced and marketed under procedures approved by the commissioner;

(c) the planting of host crops on land in a regulated area, except as authorized by the commissioner; and

(d) the movement of tomato and eggplant plants grown on lands which become a part of a regulated area after planting.

1 CRR-NY 127.5 Restrictions {#sec-1-crr-ny-127.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 127.5}

(a) In the quarantined areas.

(1) Except for foreign shipments (not including Canada and Mexico), all potatoes moved from a quarantined area outside a regulated area shall be packaged in paper bags or in other approved containers, or in a manner approved by the commissioner.

(2) No potato grading station shall be operated or maintained except in accordance with an agreement and under a permit.

(3) There shall be no movement of used farm equipment to points outside a quarantined area unless such equipment has been disinfected by a procedure prescribed by the commissioner and a permit issued.

(4) There shall be no movement of used construction equipment to points outside a quarantined area except under permit.

(5) No soil or sod shall move from a quarantined area except in accordance with an agreement and under a permit.

(b) In the regulated areas.

(1) No host crops or nonhost crops shall be grown, except on lands that:

(i) have received treatment as prescribed by the commissioner, the owner or operator may plant a variety of potato which is resistant to the golden nematode and which has been approved by the commissioner or he may plant a crop that is not a host to the golden nematode;

(ii) have not received a chemical treatment as prescribed by the commissioner, the owner or operator may plant a variety of potato which is resistant to the golden nematode and which has been approved by the commissioner or he may plant a crop that is not a host to the golden nematode and which has been approved by the commissioner; or

(iii) are regulated and have either previously received a chemical treatment, as prescribed by the commissioner, to control or eradicate the golden nematode or have been planted for two or more growing seasons with a variety of potato which is resistant to said golden nematode and the last planting was followed by an analysis of soil samples taken from these lands that showed no viable golden nematode cysts, the owner or operator may apply for, on a form provided by the commissioner, a waiver of crop restrictions contained in section 127.4(c) of this Part to enable him to enter these lands into a rotational planting system which is approved by the commissioner as one biologically designed to control and prevent the spread of the golden nematode.

(2) No potatoes or root crops shall be moved from a regulated area except in accordance with the regulations herein set forth and such other conditions as may be prescribed by the commissioner.

(3) Potatoes grown on lands or parts of land which became a part of a regulated area after planting:

(i) shall be packaged in paper bags or in other approved containers, shall be restricted in movement to approved locations, and shall move only under permit;

(ii) shall be washed in an approved washing plant under supervision of the commissioner, packaged in paper bags or in other approved containers, and shall move only under permit; or

(iii) shall be subjected to such procedure and safeguards as may be prescribed by the commissioner, and shall move only under permit.

(4) Vegetable root crops shall be thoroughly washed by an approved method before movement.

(5) There shall be no movement of ornamental or vegetable plants, including nursery and greenhouse-grown plants, bulbs, corms and tubers, from a regulated area except in accordance with an agreement and under a permit.

(6) There shall be no movement of hay, straw or plant litter from a regulated area except in accordance with an agreement and under a permit.

(7) There shall be no movement from a regulated area of used farm or construction equipment unless such equipment has been disinfested by a procedure prescribed by the commissioner and a permit issued.

(8) No soil or sod shall move from a regulated area except in accordance with an agreement and under a permit.

(9) Owners of land in a regulated area who have been duly notified that land owned by them has been designated as all or part of a regulated area, pursuant to section 127.3 of this Part, shall not sell, lease or permit the temporary use of such land without giving notice to the commissioner of such sale, lease or permit, together with the name and mail address of such purchaser, lessee or temporary user. Nothing in this paragraph shall be construed to relieve such owner of the responsibility of advising a purchaser, lessee or temporary user of the designation of such land as land in a regulated area, pursuant to the aforementioned section 127.3 or of any other responsibility imposed pursuant to this Part.

1 CRR-NY 127.6 Exemptions {#sec-1-crr-ny-127.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 127.6}

Living golden nematode in any stage of development, whether moved independently of, in connection with, or on or as a part of any article, and any article, commodity or substance regulated by this Part may move under a permit from the quarantined and regulated area for experimental, scientific or regulatory purposes under such conditions and safeguards as may be prescribed by the commissioner.

1 CRR-NY 127.7 [Repealed] {#sec-1-crr-ny-127.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 127.7}

Part 128 CONTROL OF THE EUROPEAN CHERRY FRUIT FLY

1 CRR-NY 128.1 Definitions {#sec-1-crr-ny-128.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.1}

For the purpose of this Part, the following words, names and terms shall be construed respectively, to mean:

(a) AML.

The Agriculture and Markets Law.

(b) Authorized holder.

Any person who is granted a limited permit or certificate of inspection by the department or enters into a compliance agreement with the department.

(c) Certificate of inspection.

The document issued under the authority of or by the department, which affirms that a regulated article is free of ECFF for the purposes of intrastate movement.

(d) Commissioner.

The Commissioner of the Department of Agriculture and Markets or the commissioner’s duly authorized representative.

(e) Compliance agreement.

The document issued by the department which permits the authorized holder of the compliance agreement to issue a limited permit or certificate of inspection pursuant to the terms of the document and this Part without a department inspection prior to each movement, and which sets forth the requirements covering restricted movement, processing, handling or utilization of a regulated article not otherwise eligible for certification for intrastate movement.

(f) Department.

The Department of Agriculture and Markets.

(g) Dripline.

The line around the canopy of a plant.

(h) European cherry fruit fly or ECFF.

The insect known as the European cherry fruit fly, rhagoletis cerasi, in any life stage.

(i) Infestation.

The presence of the European cherry fruit fly in any life stage, in any regulated article.

(j) Inspector.

Any inspector of the department or cooperator from the United States Department of Agriculture (USDA), when authorized by the department to act in that capacity.

(k) Limited permit.

The document issued under the authority of or by the department permitting the one-time restricted movement of a regulated article from the quarantine area to a specified destination for specified processing, handling or utilization.

(l) Moved and movement.

Shipped, offered or received for shipment, carried, transported, or relocated into or through any area of the State.

(m) Nursery stock.

All trees, shrubs, plants and vines and parts thereof.

(n) Person.

An individual, organization, corporation, partnership, public authority, county, town, village, city, municipal agency or public corporation, or any other legal entity other than the department or its respective authorized agents including the United States Department of Agriculture.

(o) Quarantine area.

The geographic area of the State defined in and delineated on the ECFF quarantine area map in section 128.2 of this Part.

(p) Regulated article.

(1) Fruit of ECFF host plants listed below including all cultivars of:

| Scientific Name | Common Name | | --- | --- | | Berberis aquifolium Pursh | Holly barberry | | Berberis heteropoda Schrenk ex Fisch. & C. A. Mey | N/A | | Berberis vulgaris L. | Common barberry | | Cornus sanguinea L. | Common dogwood | | Lonicera alpigena L. | Alpine honeysuckle | | Lonicera spp. | N/A | | Lonicera tatarica L. | Tatarian honeysuckle | | Lonicera xylosteum L. | European fly honeysuckle | | Prunus avium (L.) L. | Sweet cherry | | Prunus cerasus L. | Sour cherry | | Prunus mahaleb L. | Mahaleb cherry | | Prunus serotina Ehrh. | Black cherry | | Prunus spp. | Cherries1 | | Symphoricarpos albus (L.) S. F. Blake | Common snowberry | | Symphoricarpos orbiculatus Moench | Coralberry |

(2) For the purposes of this Part, fruit of the following species of the Prunus genus are not regulated articles: Prunus americana, Prunus armeniaca, Prunus cerasifera, Prunus domestica, Prunus dulcis, Prunus persica, Prunus salicina.

(3) Soil underneath the dripline of an ECFF host plant in the quarantine area.

(4) Nursery stock of the ECFF host species listed in this subdivision that has fruit attached or with soil (container or balled and burlapped) if fruit was allowed to form on the plants unless the conditions for movement of regulated articles in section 128.4(a)(1) of this Part are met.

(q) Systems approach.

A set of criteria which when followed minimize the spread of a pest and are prescribed by the department.

(r) USDA APHIS, PPQ.

The Animal and Plant Health Inspection Service, Plant Protection and Quarantine Service of the United States Department of Agriculture.

1 CRR-NY 128.2 Establishment and amendment of the quarantine area {#sec-1-crr-ny-128.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.2}

(a) Establishment of the quarantine area.

The quarantine area is set forth on the map below and is designated to include the following areas:

The map depicts the creation of the quarantine area as follows:

(1) Erie County, in its entirety;

(2) Monroe County, in its entirety;

(3) Niagara County, in its entirety;

(4) Orleans County in its entirety;

(5) Wayne County in its entirety; and

(6) that area of Ontario County, New York, depicted in the map below, and further described as within a 10-mile radius of the points latitude 43.14855611 and longitude 77.52162045, which is located in the City of Rochester, Monroe County, New York.

European cherry fruit fly quarantine area

(b) The requirements in this Part shall not apply to the Cattaraugus, Tonawanda and Tuscarora Indian Reservations.

(c) Any amendment of or addition to the quarantine area shall be made by regulation.

1 CRR-NY 128.3 Movement of regulated articles within the quarantine area {#sec-1-crr-ny-128.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.3}

A regulated article may be moved freely within the quarantine area, provided the regulated article is otherwise eligible for unrestricted movement under all other state plant quarantines and regulations applicable to the regulated article.

1 CRR-NY 128.4 Intrastate movement of regulated articles originating within or traveling through the quarantine area to or from points outside the quarantine area {#sec-1-crr-ny-128.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.4}

(a) The intrastate movement of regulated articles, as defined herein, whether moved independent of, or in connection with any other article, is prohibited except as established in this section, and/or in sections 128.5, 128.6 and 128.7 of this Part.

(b) No person shall move a regulated article from any point within the quarantine area to or through any point outside the quarantine area, unless:

(1) accompanied by a limited permit or certificate of inspection authorizing such movement under administrative instructions of the commissioner; or

(2) subject to an exemption as described in section 128.7 of this Part.

(c) Notwithstanding the provisions of subdivision (b) of this section, a regulated article originating from within New York, but outside the quarantine area in New York, may be moved through the quarantine area in the State, provided that:

(1) the points of origin and destination of the regulated article are indicated on a waybill accompanying the regulated article;

(2) the regulated article, if moved through the quarantine area during the months of June through and including August, is either moved in a completely enclosed portion of a vehicle or other conveyance, or is completely enclosed by a covering adequate to prevent access by ECFF, such as canvas, plastic, or other closely woven cloth; and

(3) the regulated article is moved directly through the quarantine area without stopping, except for refueling, and as required by traffic conditions.

1 CRR-NY 128.5 Conditions governing compliance agreements for movement of regulated articles out of the quarantine area {#sec-1-crr-ny-128.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.5}

(a) A person engaged in growing, handling, or moving a regulated article intrastate may apply for a compliance agreement with the department, pursuant to which such person is authorized to issue limited permits or certificates of inspection, which allow movement of a regulated article without a department inspection prior to each movement.

(b) Any authorized holder of a compliance agreement must agree to comply with the provisions of this Part and any conditions imposed under the compliance agreement.

(c) A compliance agreement shall be subject to the department’s acceptance in its sole discretion.

(d) Any compliance agreement may be cancelled by the department or an inspector, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the compliance agreement has not complied with this Part or the conditions imposed under the compliance agreement. The cancellation shall take effect immediately upon providing oral notice or the delivery of the written notice, whichever occurs first. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing at a date no later than three days after such oral cancellation. The cancellation of the compliance agreement shall be deemed final unless within seven days from the date of cancellation, the department receives notice from an authorized holder in writing of its intention for a proceeding to review such action.

1 CRR-NY 128.6 Conditions governing limited permits and certificates of inspection for movement of regulated articles out of the quarantine area {#sec-1-crr-ny-128.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.6}

(a) Limited permits.

An inspector or an authorized holder of a compliance agreement may issue a limited permit for the movement of a regulated article out of the quarantine area, provided that the regulated article meets the following requirements.

(1) Limited permits for regulated articles intended to be sold without further processing. Limited permits for regulated articles that are intended for sale without further processing outside the quarantine area may be issued, provided that each following conditions are met:

(i) the regulated articles are grown under the systems approach, as outlined in the applicable compliance agreement consisting of certified sprays of pesticide from the materials listed in the compliance agreement, with specified rate of active ingredient starting at least 30 days prior to harvest, and continuing every 6-10 days until harvest as permitted by the applicable pesticide label indicating proper use; and regulatory trapping in orchard blocks conducted by the department, with at least one ECFF trap and a minimum of 2 traps for each 5 acres. Such traps will be set, collected, and changed on a weekly schedule by the department; and

(ii) shall not be moved to Columbia and Ulster counties in New York, which are prohibited for such movement, under the systems approach and as listed in the compliance agreement; and

(iii) the orchard block from which the regulated articles were harvested has no more than one current-season ECFF regulatory trap catch, or the regulated article was inspected utilizing float test specified in any applicable compliance agreement and was determined to be free of ECFF larvae by the authorized holder of the compliance agreement or an inspector.

(2) Limited permits for regulated articles intended to be sold or transferred to a processing facility.

(i) Processing facilities located outside the quarantine area may accept a regulated article originating from the quarantine area, provided the following conditions are met:

(a) the regulated article is accompanied by a valid limited permit or certificate of inspection; and

(b) such processing facility has been approved for such activity as an authorized holder of a compliance agreement; and

(c) if more than one current-season ECFF regulatory trap catch exists, either:

(1) the regulated article has been inspected utilizing the float test specified in any applicable compliance agreement and has been determined by the authorized holder of the compliance agreement or an inspector to be free of ECFF larvae; or

(2) at least one of the following mitigating safeguards for handling culls and fruit waste, excluding pits, shall be employed:

(1) heat treatment at 132 degrees Fahrenheit for 1 hour;

(2) submersion in water for 14 days;

(3) frozen for 48 hours;

(4) returned to originating location within the quarantine area for disposal; or

(5) deep burial under at least 12 inches of soil.

(ii) Regulated articles within the quarantine area may freely ship to processing facilities located within the quarantine area, pursuant to section 128.3 of this Part, provided such facilities are authorized to process regulated articles from within the quarantine area pursuant to a compliance agreement.

(iii) Limited permits may be issued for the movement of a regulated article from a corresponding orchard block with two or more current-season ECFF regulatory trap catches, to a processing facility outside the quarantine area if the requirements of subparagraphs (1)(i), (ii) and (2)(i) of this subdivision are met, and which also complies with the following conditions:

(a) the processing facility employs mitigation safeguards for culls and fruit waste as outlined in the processing facility’s compliance agreement, or as otherwise provided in this section; or

(b) the regulated article has been inspected utilizing the float test specified in the applicable compliance agreement and has been determined by the authorized holder of the compliance agreement or an inspector to be free of ECFF larvae. Such regulated article shall be issued a certificate of inspection to accompany any such loads prior to shipping as provided in subparagraph (b)(1)(i) of this section.

(3) An inspector or authorized holder of a compliance agreement may issue additional limited permits pursuant to the terms of a compliance agreement, or may authorize, in writing, the reproduction of an issued limited permit in order to be placed on shipping containers, as requested by an authorized holder of a compliance agreement. Such limited permits may be completed and used, as needed, for the movement of a regulated article out of the quarantine area, provided such articles have met all requirements of this Part.

(4) Where applicable, a regulated article intended for interstate commerce must be otherwise eligible for unrestricted movement under all other applicable Federal and State plant quarantines and regulations before a limited permit may be issued.

(5) All issued limited permits shall accompany the corresponding shipment of any regulated article leaving the quarantine area as specified in section 128.9 of this Part.

(6) Any limited permit may be cancelled by the department or an inspector, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the limited permit has not complied with this Part or the conditions imposed under the compliance agreement. The cancellation shall take effect immediately upon providing oral notice or the delivery of the written notice, whichever occurs first. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing at a date no later than three days after such oral cancellation. The cancellation of the limited permit shall be deemed final unless within seven days from the date of cancellation, the department receives notice from an authorized holder in writing of its intention for a proceeding to review such action.

(b) Certificates of inspection.

(1) An inspector or an authorized holder of a compliance agreement may issue a certificate of inspection permitting the intrastate movement of a regulated article, provided such article has been duly inspected and determined to be:

(i) inspected using the float test specified in any applicable compliance agreement and has been determined by the authorized holder of the compliance agreement or an inspector to be free of ECFF larvae;

(ii) treated, fumigated or processed by methods which render ECFF non-viable, which have been approved by the department, or outlined in the compliance agreement; or

(iii) grown, produced, manufactured, stored or handled in such manner that, in the judgment of the inspector, transmission of infestation would be controlled or limited, provided that, subsequent to the issuance of a certificate of inspection, such regulated article shall be loaded, handled, and shipped under such protection and safeguards against ECFF infestation, as established by an inspector or otherwise established by the department.

(2) An inspector or authorized holder of a compliance agreement may issue additional certificates of inspection, pursuant to the terms of a compliance agreement, or may authorize, in writing, the reproduction of an issued certificate of inspection in order to be placed on shipping containers, as requested by a person operating under a compliance agreement. Such certificates of inspection may then be completed and utilized as needed, for the movement of a regulated article to points outside the quarantine area, provided such regulated article otherwise meets all requirements of this Part.

(3) Where applicable, a regulated article intended for interstate commerce must be otherwise eligible for unrestricted movement under all other applicable Federal and State plant quarantines and regulations before a certificate of inspection may be issued.

(4) All issued certificates of inspection shall accompany the corresponding shipment of any regulated article leaving the quarantine area as specified in section 128.9 of this Part.

(5) Any certificate of inspection may be cancelled by the department or an inspector, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the certificate of inspection has not complied with this Part or the conditions imposed by a compliance agreement. The cancellation shall take effect immediately upon providing oral notice or the delivery of the written notice, whichever occurs first. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing at a date no later than three days after such oral cancellation. The cancellation of the certificate of inspection shall be deemed final unless within seven days from the date of cancellation, the department receives notice from an authorized holder in writing of its intention for a proceeding to review such action.

1 CRR-NY 128.7 Exemptions {#sec-1-crr-ny-128.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.7}

(a) Shipments of regulated articles for experimental and scientific purposes.

A regulated article may be moved intrastate for experimental or scientific purposes, on such conditions and under such safeguards as may be prescribed in writing by the department. The container of the article so moved shall bear, securely attached to the outside thereof, an identifying tag issued by the department showing compliance with such conditions.

(b) Commissioner administrative exemption.

(1) A regulated article may be moved intrastate pursuant to an administrative exemption issued by the commissioner. The container of the article so moved shall bear, securely attached to the outside thereof, an identifying tag issued by the department evidencing the issuance of such administrative exemption.

(2) An application for an administrative exemption shall be made in writing to the duly authorized department representative. The issuance or denial of an administrative exemption under this section, either orally or in writing, shall be final unless within seven days from the date of denial thereof, the department receives notice from applicant in writing of its intention for a proceeding to review such action.

1 CRR-NY 128.8 Assembly of regulated articles for inspection {#sec-1-crr-ny-128.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.8}

(a) All persons intending to conduct intrastate movement of a regulated article, except as provided in sections 128.4, 128.5, 128.6 and/or 128.7 of this Part, shall make an application for inspection as far in advance as possible, in writing to the inspector, and will be required to prepare and assemble materials at such locations, and in such manner, as the inspector shall designate, to allow for the thorough inspection of such article, or to allow the application of treatments approved by the department in order to render ECFF non-viable. Any article which requires inspection under this section shall, as a basis for the issuance of a certificate of inspection, be free from matter or other condition that makes inspection impracticable or infeasible.

(b) The department shall not be responsible for any cost incident to inspections or certification, other than the cost of providing the designated inspector.

(c) Any determination which prohibits the movement of a regulated article pursuant to subdivision (a) of this section, whether oral or in writing, shall be final unless within seven days from the date of such determination, the applicant notifies the department in writing of its intention for a proceeding to review such action.

(d) Under certain circumstances, and provided that weekly float tests present negative results for the presence of ECFF larvae, the department may determine that regulated articles, which may otherwise not be permitted to be moved or sold, may be issued a certificate of inspection.

1 CRR-NY 128.9 Marking requirements {#sec-1-crr-ny-128.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.9}

Every container being utilized to hold or contain a regulated article, and intended for intrastate movement, shall be plainly marked with the name and address of the consignor and the name and address of the consignee, when offered for shipment, and shall have securely attached to the outside thereof a valid limited permit or certificate of inspection issued in compliance with this Part, provided, that:

(a) for movement by lot freight shipment, other than by road vehicle, one limited permit or certificate of inspection may be attached to one of the containers and another to the waybill; and for carlot freight or express shipments, either in containers or in bulk, a limited permit or certificate of inspection may be attached to the waybill only and a placard to the outside of the car, showing the number of the valid limited permit or certificate of inspection accompanying the waybill;

(b) for movement by road vehicle, the limited permit or certificate of inspection shall accompany the vehicle and shall be surrendered to consignee upon delivery of the shipment; and

(c) for movement of all regulated articles leaving the quarantine area, such regulated articles shall be accompanied by a limited permit or certificate of inspection as specified in the applicable compliance agreement, except where moved to Columbia and Ulster counties in New York. Notwithstanding the above, movement of regulated articled to Columbia and Ulster Counties is prohibited. All containers intended to be shipped outside the quarantine area must have affixed a document which states the following, according to the applicable compliance agreement:

“No movement of regulated fresh (sweet or tart/sour) cherry fruit into the restricted areas. Restricted areas are: Columbia and Ulster Counties, New York”

1 CRR-NY 128.10 Inspection and disposition of shipments {#sec-1-crr-ny-128.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.10}

Any vehicle or other conveyance, any package or other container, and any item to be moved, which is moving, or which has been moved intrastate from the quarantine area which may contain a regulated article is subject to be examined by an inspector. When items are found to be moving or to have been moved intrastate in violation of these regulations, the inspector may take such action as he or she deems necessary to eliminate the danger of dissemination of ECFF. If found to be moved in violation such items must be rendered free of infestation without cost to the State other than services of the inspector.

1 CRR-NY 128.11 Other laws and regulations; interstate movement of regulated articles {#sec-1-crr-ny-128.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.11}

No provision of this Part relieves any person from the obligation to comply with any other applicable Federal, State, county, regional or local law or regulation. This Part only applies to the intrastate movement of regulated articles. The interstate movement of regulated articles must comply with applicable Federal laws and regulations.

1 CRR-NY 128.12 Effective date {#sec-1-crr-ny-128.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 128.12}

This regulation shall take effect immediately.

Part 130 CONTROL OF SCLERODERRIS CANKER

1 CRR-NY 130.1 Definitions {#sec-1-crr-ny-130.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 130.1}

For the purpose of this Part, the following words, names and terms shall be construed, respectively, to mean:

(a) Scleroderris canker.

The disease known as Scleroderris canker, Gremmeniella abietina, in any stage of development.

(b) Infection.

Refers to the presence of Scleroderris canker.

(c) Inspector.

An inspector of the New York State Department of Agriculture and Markets, or of the United States Department of Agriculture, when authorized by the commissioner to act in that capacity.

(d) Moved, movement.

Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, carried, transported, moved or allowed to be moved from the quarantined area into or through any other portions of the State.

(e) Certificate.

A valid form certifying the eligibility of products for movement outside of the quarantined area under the requirements of this Part.

(f) Limited permit.

A valid form authorizing the movement of regulated articles from a quarantined area to a specified destination for specific processing, handling or utilization.

(g) Commissioner.

The Commissioner of Agriculture and Markets of the State of New York.

1 CRR-NY 130.2 Quarantined area {#sec-1-crr-ny-130.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 130.2}

The following counties, cities or towns, or parts thereof, of the State of New York are declared to be quarantined areas.

(a) The cities and towns of:

| | | --- | | Clinton County | | Ausable | | Black Brook | | Clinton | | Dannemora | | Ellenburg | | Peru | | Plattsburgh, city | | Plattsburgh, town | | Saranac | | Schuyler Falls | | Essex County | | Crown Point | | Elizabethtown | | Jay | | Keene | | Lewis | | Minerva | | Moriah | | Newcomb | | North Elba | | North Hudson | | St. Armand | | Schroon | | Ticonderoga | | Westport | | Wilmington | | Fulton County | | Bleecker | | Caroga | | Ephratah | | Gloversville, city | | Johnstown, town | | Mayfield | | Oppenheim | | Stratford | | Hamilton County | | Arietta | | Benson | | Hope | | Indian Lake | | Inlet | | Lake Pleasant | | Long Lake | | Morehouse | | Wells | | Herkimer County | | Fairfield | | Herkimer | | Little Falls (north of the Mohawk River) | | Little Falls, city (north of the Mohawk River) | | Manheim | | Newport | | Norway | | Ohio | | Russia | | Salisbury | | Schuyler | | Webb | | Jefferson County | | Adams | | Antwerp | | Champion | | Ellisburg | | Le Roy | | Lorraine | | Pamelia | | Philadelphia | | Rodman | | Rutland | | Watertown | | Watertown, city | | Wilna | | Worth | | Oneida County | | Annsville | | Ava | | Boonville | | Camden | | Deerfield | | Florence | | Floyd | | Forestport | | Lee | | Marcy | | Remsen | | Rome, city | | Steuben | | Trenton | | Utica, city | | Vienna | | Western | | Oswego County | | Albion | | Amboy | | Boylston | | Constantia | | Orwell | | Parish | | Redfield | | Richland | | Sandy Creek | | Williamstown | | St. Lawrence County | | Brasher | | Canton | | Clare | | Clifton | | Colton | | Edwards | | Fine | | Fowler | | Hermon | | Hopkinton | | Lawrence | | Norfolk | | Parishille | | Piercefield | | Pierrepont | | Pitcairn | | Potsdam | | Russell | | Stockholm | | Warren County | | Bolton | | Chester | | Hague | | Horicon | | Johnsburg | | Thurman | | Warrensburg | | |

(b) The counties of:

(1) Franklin; and

(2) Lewis

1 CRR-NY 130.3 Regulated articles {#sec-1-crr-ny-130.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 130.3}

(a) Prohibited movement.

The movement in this State of Scleroderris canker in any stage of development, whether moved independent of or in connection with any other article, is prohibited, except as provided in section 130.4 of this Part.

(b) Regulated movement.

The following articles shall not be removed from a quarantined area except under a limited permit or unless accompanied by a certificate indicating freedom from infection:

(1) Nursery stock, Christmas trees, wreaths, branches, twigs, or parts thereof, except logs or pulpwood derived therefrom, of any species of Pinus which are grown in any forest, field, nursery or greenhouse.

(2) Any other commodity or article when found on inspection to be infected with Scleroderris canker in any of its stages.

1 CRR-NY 130.4 Conditions governing the issuance of certificates and permits {#sec-1-crr-ny-130.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 130.4}

(a) Certificates.

Certificates may be issued by an inspector for the movement of regulated articles under one or more of the following conditions:

(1) when they have been inspected and found apparently free from infection;

(2) when they have been treated, or processed by methods approved by the commissioner; or

(3) when they have been grown, produced, manufactured, stored or handled in such a manner that, in the judgment of the inspector, they have not been exposed to infection or if no infection would be transmitted by the shipment thereof; provided that subsequent to certification the regulated articles will be loaded, handled and shipped under such protection and safeguards against reinfection as are required by the inspector.

(b) Limited permits.

Limited permits may be issued for the movement of noncertified regulated articles to specified destinations for specified processing, handling or utilization. Persons shipping, transporting or receiving such articles may be required to enter into written dealer-carrier agreements to maintain such sanitation safeguards against the establishment and spread of infection and to comply with such conditions as to the maintenance of identity, handling, processing or subsequent movement of regulated products as may be required by the inspector. Failure to comply with conditions of the agreement will result in its cancellation.

(c) Cancellation of certificates or limited permits.

Certificates or limited permits issued under these regulations may be withdrawn or cancelled by the inspector and further certification refused whenever in his judgment the further use of such certificates or permits might result in the dissemination of infection.

1 CRR-NY 130.5 Inspection and disposition of shipments {#sec-1-crr-ny-130.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 130.5}

Any car or other conveyance, any package or other container, and any article to be moved, which is moving or which has been moved from the quarantined area, which contains, or which the inspector has probable cause to believe may contain infection, or articles regulated under this quarantine, may be examined by an inspector at any time or place. When articles are found to be moving or to have been moved in violation of this Part, the inspector may take such action as he deems necessary to eliminate the danger of dissemination of infection.

1 CRR-NY 130.6 Marking requirements {#sec-1-crr-ny-130.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 130.6}

(a) Every container of regulated articles intended for movement from the quarantined area shall be plainly marked with the name and address of the consignor and the name and address of the consignee, when offered for shipment, and shall have securely attached to the outside thereof a valid certificate or limited permit issued in compliance with this Part, provided that:

(1) One certificate may be attached to one of the containers and another to the waybill; and for carlot freight or express shipment, either in containers or in bulk, a certificate need be attached to the waybill only and a placard to the outside of the car, showing the number of the certificate accompanying the waybill.

(2) For movement by road vehicle, the certificate shall accompany the vehicle and be surrendered to consignee upon delivery of shipment.

1 CRR-NY 130.7 Shipments for experimental and scientific purposes {#sec-1-crr-ny-130.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 130.7}

Regulated articles may be moved from the quarantined area for experimental or scientific purposes, on such conditions and under such safeguards as may be approved by the commissioner. The container of articles so moved shall bear, securely attached to the outside thereof, a certificate showing compliance with such conditions.

1 CRR-NY 130.8 Statement of origin of regulated articles {#sec-1-crr-ny-130.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 130.8}

Every person selling or delivering or attempting to sell or deliver, or ship regulated articles, as defined in section 130.3 of this Part, in this State, shall accompany each such load, bundle, package or shipment of the same with a legibly written statement of origin which shall contain the address of the lands on which such regulated articles were grown, obtained, or cut, and the name and address of the consignor and consignee.

Part 132 VEGETABLE PLANT QUARANTINE

1 CRR-NY 132.1 Vegetable Plant Quarantine Order No. 1 {#sec-1-crr-ny-132.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 132.1}

(a) I, Don J. Wickham, as Commissioner of Agriculture and Markets of the State of New York, pursuant to the provisions of article 14 of the Agriculture and Markets Law, and for the purpose of preventing the introduction into this State of injurious insects, pests and plant diseases and the spread thereof, and deeming it necessary and fitting in order to carry out the purposes of said statute, do hereby, pursuant to said article 14, establish a quarantine prohibiting the entry into New York State of vegetable plants originating in areas outside of this State, except under conditions prescribed in the rules and regulations supplemental hereto (effective April 1, 1959) and when accompanied by a certificate or permit issued by a duly authorized official of the country, province or state in which such shipment originated.

Part 133 VEGETABLE PLANTS

1 CRR-NY 133.1 Definitions {#sec-1-crr-ny-133.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 133.1}

(a) Vegetable plants are young plants, originating from seed, roots, stems, cuttings, tubers, bulbs or corms, intended for transplanting.

(b) Certificate or permit shall mean a document issued by an authorized official of the country, province or state in which shipments of vegetable plants originated which is evidence of the apparent freedom of vegetable plants from injurious insects, pests or plant diseases.

(c) Authorized official shall mean the chief horticultural inspector, by whatever name known, of the country, province or state (other than New York State) in which the shipment of vegetable plants originated.

1 CRR-NY 133.2 Quarantine area {#sec-1-crr-ny-133.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 133.2}

Any area outside the State of New York.

1 CRR-NY 133.3 Quarantined articles {#sec-1-crr-ny-133.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 133.3}

All vegetable plants.

1 CRR-NY 133.4 Condition for entry into New York State {#sec-1-crr-ny-133.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 133.4}

Any vegetable plant free from soil, or in soil freed from injurious insects, pests or plant diseases by methods acceptable to an authorized official may be shipped into New York State when accompanied by a certificate issued by said authorized official. Such certificate shall state that the vegetable plants are apparently free from injurious insects, pests or plant diseases and that said vegetable plants were properly treated during their growing season to prevent the establishment of injurious insects, pests or plant diseases.

1 CRR-NY 133.5 Inspection at point of destination {#sec-1-crr-ny-133.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 133.5}

All vegetable plants entering the State of New York, regardless of means of transportation, are subject to inspection on arrival at destination, and, if found to be infested or infected with injurious insects, pests or plant diseases shall be immediately destroyed or ordered removed from New York State. Vegetable plants without valid certificates or inspection shall be destroyed or returned to the consignor. All vegetable plant shipments entering New York State shall be plainly marked to show the name and address of the grower and shipper.

Part 135 BLOSSOM THINNING SPRAYS

1 CRR-NY 135.1 Definitions {#sec-1-crr-ny-135.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 135.1}

As used in these regulations the following terms shall mean:

(a) Blossom thinning sprays.

A spray used on fruit trees when said trees are in blossom, which spray has a tendency to kill a part of the blossoms.

1 CRR-NY 135.2 [Prohibited spray.] {#sec-1-crr-ny-135.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 135.2}

(a) It shall be lawful to use a blossom thinning spray consisting of sodium salt of dinitro ortho cresol and dinitro ortho cycle hexyl phenol.

Part 136 DEALERS IN NURSERY STOCK

1 CRR-NY 136.1 [Dealer defined.] {#sec-1-crr-ny-136.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 136.1}

Dealers are defined as persons or firms not acting as agents who are engaged in selling or peddling nursery stock, who do not themselves grow more than 25 percent of the nursery stock handled by them. Dealers must, before exposing, offering or transporting for sale nursery stock, hold a dealer's certificate issued to them after application for this department for said certificate.

1 CRR-NY 136.2 [Dealer requirements.] {#sec-1-crr-ny-136.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 136.2}

Dealers are required to sign an agreement before a certificate will be issued them and agree to conform to the following requirements:

(a) To purchase or obtain nursery stock from growers who hold certificates of inspection issued by the proper authorities of the state in which said nursery stock was grown; and that no nursery stock received will be used unless properly certified, and if uncertified stock should be received, that before distribution the Department of Agriculture and Markets will be notified so that inspection of the same may be made if deemed necessary.

(b) To agree, when transporting nursery stock by motor or other vehicle, to see that it is accompanied by a valid certificate issued by this department, if grown within the State, or with a valid certificate issued by the State where grown, if transported from outside the State to points within the State, together with a detailed invoice of the contents of the load covered by said certificate.

(c) To agree to maintain store, premises, motor vehicles, etc., where nursery stock is exposed for sale or being transported for sale, subject to inspection by representatives or inspectors of the Department of Agriculture and Markets.

(d) To agree to supply the Department of Agriculture and Markets with a list of persons from whom nursery stock is to be purchased for their trade, giving names and addresses, also kinds of stock to be purchased for distribution.

(e) To agree to conform to the laws of the State of New York relative to the handling and movement of nursery stock, and to the regulations issued relative thereto, by the Department of Agriculture and Markets.

Part 138 CERTIFICATION OF GRAPE ROOT STOCKS AND PROPAGATING MATERIAL

1 CRR-NY 138.1 Statement of freedom from viruses {#sec-1-crr-ny-138.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 138.1}

Except as provided in this Part, all grape root stocks, grape wood for propagating purposes, and “finished” grape plants for fruit production shipped into this State from countries, provinces or States where the following named viruses have been reported shall have attached thereto, in addition to a valid inspection certificate required by subdivision 2 of section 163 of the Agriculture and Markets Law, a statement that the root stock, finished plant, or propagating material is free of the following virus diseases: viruses of the fan-leaf group (fan-leaf, yellow mosaic, vein banding), leaf roll virus, corky bark virus, and Flavesence doree virus. A statement as to freedom from such viruses shall be made only after the plants or parent stock have been indexed by an approved method.

1 CRR-NY 138.2 Exceptions {#sec-1-crr-ny-138.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 138.2}

Grape root stock and propagating materials not accompanied by a statement of freedom from virus may be admitted to this State under the following conditions and restrictions:

(a) Vitis vinifera varieties.

Non-rooted propagating materials may be admitted if accompanied by a statement that the mother vines were visually inspected in early June and again in late August and were apparently free of the aforementioned virus diseases.

(b) American varieties and hybrids.

Non-rooted propagating materials and own-rooted vines may be admitted if accompanied by a statement certifying that they were derived from own-rooted mother vines free from cluster abnormalities such as shot-berry or cluster abortion.

(c) Resistant root stocks and French hybrids (fruiting varieties hybridized in Europe).

Non-rooted and rooted propagating materials may be admitted to nurseries under a one-year postentry quarantine. During the postentry quarantine period, such materials will be indexed on Mission, St. George, and Chenopodium quinoa. Any virus infected material will be destroyed.

1 CRR-NY 138.3 Execution of statement {#sec-1-crr-ny-138.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 138.3}

Statements of freedom from viruses required by this Part must be the statement of the chief horticultural inspector, by whatever name known, of the country, province or State in which such shipment originated.

Part 139 CONTROL OF THE ASIAN LONG HORNED BEETLE

1 CRR-NY 139.1 Definitions {#sec-1-crr-ny-139.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 139.1}

For the purpose of this Part, the following words, names and terms shall be construed, respectively, to mean:

(a) Asian Long Horned Beetle.

The insect known as the Asian Long Horned Beetle, Anoplophora glabripennis, in any stage of development.

(b) Infestation.

This term refers to the presence of the Asian Long Horned Beetle in any life stage or as determined by evidence of activity of one or more of the life stages.

(c) Regulated area.

The quarantined area to which this Part applies.

(d) Inspector.

An inspector of the New York State Department of Agriculture and Markets, or of the United States Department of Agriculture, when authorized to act in that capacity.

(e) Moved; movement.

Shipped, offered for shipment to a common carrier received for transportation or transported by a common carrier, or carried, transported, moved or allowed to be moved from the regulated area into or through any nonregulated portion of the State.

(f) Certificate.

A valid form certifying the eligibility of products for intrastate movement under the requirements of this Part.

(g) Limited permit.

A valid form authorizing the restricted movement of regulated articles from a regulated area to a specified destination for specified processing, handling or utilization.

(h) Compliance agreement.

An approved document, executed by persons or firms, covering the restricted movement, processing, handling or utilization of regulated articles not eligible for certification for intrastate movement.

1 CRR-NY 139.2 Regulated area {#sec-1-crr-ny-139.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 139.2}

That area in the Villages of Amityville, Babylon, Farmingdale, Lindenhurst, Massapequa Park and the hamlets of North Amityville, Bethpage, Old Bethpage, North Babylon, West Babylon, Copiague, Deer Park, East Farmingdale, South Farmingdale, North Lindenhurst, Melville, Massapequa, East Massapequa, North Massapequa, Wheatley Heights and Wyandanch; in the Towns of Babylon, Oyster Bay and Huntington; in the Counties of Nassau and Suffolk and bounded by a line beginning at a point where West Main Street intersects the west shoreline of Carlls River; then west along West Main Street (Route 27A) to its intersection with Little East Neck Road (Route 109); then northwest along Little East Neck Road (Route 109) to the point where Little East Neck Road and Route 109 diverge; continuing northwest along Little East Neck Road to its junction with Belmont Avenue; then north along Belmont Avenue to its intersection with August Road; then southeast on August Road to its junction with Chuck Boulevard; then northeast along Chuck Boulevard to its intersection with Erlanger Boulevard; then east along Erlanger Boulevard to its intersection with Woods Road; then north along Woods Road to its intersection with Westview Avenue; then west along Westview Avenue to its intersection with West 24th Street; then north along West 24th Street to its intersection with Grand Boulevard; then east on Grand Boulevard to its intersection with West 23rd Street; then north along West 23rd Street continuing north over the Long Island Rail Road tracks and intersecting with Acorn Street; then west along Acorn Street to its junction with Adams Street; then following Adams Street north and then east to its junction with Somerset Place; then north on Somerset Place to its intersection with Nicolls Road; then west on Nicolls Road to its intersection with Venedia Drive; then north on Venedia Drive to its intersection with Straight Path; then southwest on Straight Path to its junction with Brown Boulevard; then north on Brown Boulevard to its intersection with Foothill Place; then west on Foothill Place to its intersection with Landscape Drive; then north on Landscape Drive to the point it becomes West Hills Place; then north on West Hills Place to the point it intersects with West Farm Drive; then west on West Farm Drive to its intersection with Bagatelle Road; then north along Bagatelle Road to its intersection with the south service road of the Long Island Expressway, following the south service road of the Long Island Expressway west to its intersection with Round Swamp Road; then south on Round Swamp Road to its junction with Quaker Meeting House Road; then southwest on Quaker Meeting House Road until it intersects with Merritts Road; then west on Merritts Road until the point it becomes Central Avenue; continuing west on Central Avenue until it intersects with the Bethpage Parkway; then south on the Bethpage Parkway until its intersection with Hempstead Turnpike (Route 24); then west along Hempstead Turnpike (Route 24) to its intersection with Hemlock Drive; then south along Hemlock Drive to its intersection with Cheryl Lane North; then east and south along Cheryl Lane North to its intersection with Boundary Avenue; then east on Boundary Avenue to its intersection with North Broadway; then south on North Broadway and Broadway to its junction with Hicksville Road; then south along Hicksville Road to the point it becomes Division Avenue continuing south along Division Avenue to its intersection with South Oyster Bay; then east along the shoreline to Carlls River, then north along the west shoreline of Carlls River to the point of beginning.

1 CRR-NY 139.3 Articles under regulation {#sec-1-crr-ny-139.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 139.3}

(a) Prohibited movement.

The intrastate movement of living Asian Long Horned Beetles in any stage of development, whether moved independent of or in connection with any other article, is prohibited, except as provided in section 139.9 of this Part.

(b) Regulated movement.

The following articles shall not be removed from a quarantined area except under a limited permit or unless accompanied by a certificate indicating freedom from infestation:

(1) Firewood (all hardwood species) and all host material living, dead, cut or fallen, inclusive of nursery stock, logs, green lumber, stumps, roots, branches and debris of a half inch or more in diameter of the following genera: Acer (Maple); Aesculus (Horse Chestnut); Albizia (Silk Tree or Mimosa); Betula (Birch); Cercidiphyllum Japonicum (Katsura); Fraxinus (Ash); Koelreuteria (Goldenrain Tree); Platanus (Plane Tree, Sycamore); Populus (Poplar); Salix (Willow); Sorbus (Mountain Ash); and Ulmus (Elm) are regulated articles.

(2) Any other commodity or article when found on inspection to be infested with, or show evidence of, the Asian Long Horned Beetle in any stage of development.

1 CRR-NY 139.4 Conditions governing the intrastate movement of regulated articles {#sec-1-crr-ny-139.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 139.4}

(a) Movement from regulated area.

Unless exempted by administrative instructions of the Commissioner of Agriculture and Markets of the State of New York, regulated articles shall not be moved intrastate from the regulated area to or through any point outside thereof unless accompanied by a valid certificate or limited permit issued by an inspector, authorizing such movement.

1 CRR-NY 139.5 Conditions governing the issuance of certificates and permits {#sec-1-crr-ny-139.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 139.5}

(a) Certificates may be issued for the intrastate movement of regulated articles under one or more of the following conditions:

(1) when they have been inspected and found apparently free from infestation;

(2) when they have been treated, fumigated, or processed by approved methods; or

(3) when they have been grown, produced, manufactured, stored, or handled in such a manner that, in the judgment of the inspector, no infestation would be transmitted thereby: provided, that subsequent to certification, the regulated articles will be loaded, handled, and shipped under such protection and safeguards against reinfestation as are required by the inspector.

(b) Limited permits.

Limited permits may be issued for the movement of noncertified regulated articles to specified destinations for specified processing, handling, or utilization. Persons shipping, transporting, or receiving such articles may be required to enter into written compliance agreements to maintain such sanitation safeguards against the establishment and spread of infestation and to comply with such conditions as to the maintenance of identity, handling, processing, or subsequent movement of regulated products and the cleaning of cars, trucks and other vehicles used in the transportation of such articles, as may be required by the inspector. Failure to comply with conditions of the agreement will result in its cancellation.

(c) Cancellation of certificates or limited permits.

Certificates or limited permits issued under these regulations may be withdrawn or canceled by the inspector and further certification refused whenever in his or her judgment the further use of such certificates or permits might result in the dissemination of infestation.

1 CRR-NY 139.6 Inspection and disposition of shipments {#sec-1-crr-ny-139.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 139.6}

Any car or other conveyance, any package or other container, and any article or thing to be moved, which is moving, or which has been moved intrastate from the regulated area, which contains, or which the inspector has probable cause to believe may contain, infestations of the Asian Long Horned Beetle, or articles or things regulated under this quarantine, may be examined by an inspector at any time or place. When articles or things are found to be moving or to have been moved intrastate in violation of these regulations, the inspector may take such action as he deems necessary to eliminate the danger of dissemination of the Asian Long Horned Beetle. If found to be infested, such articles or things must be freed of infestation without cost to the State except that for inspection and supervision.

1 CRR-NY 139.7 Assembly of regulated articles for inspection {#sec-1-crr-ny-139.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 139.7}

(a) Persons intending to move intrastate any of the articles covered by these regulations shall make application for certification as far in advance as possible, and will be required to prepare and assemble materials at such points and in such manner as the inspector shall designate, so that thorough inspection may be made or approved treatments applied. Articles to be inspected as a basis for certification must be free from matter which makes inspection impracticable.

(b) The New York State Department of Agriculture will not be responsible for any cost incident to inspection, treatment, or certification other than the services of the inspector.

1 CRR-NY 139.8 Marking requirements {#sec-1-crr-ny-139.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 139.8}

Every container of regulated articles intended for intrastate movement shall be plainly marked with the name and address of the consignor and the name and address of the consignee, when offered for shipment, and shall have securely attached to the outside thereof a valid certificate (or limited permit) issued in compliance with these regulations: provided, that:

(a) for lot freight shipments, other than by road vehicle, one certificate may be attached to one of the containers and another to the waybill; and for carlot freight or express shipment, either in containers or in bulk, a certificate need be attached to the waybill only and a placard to the outside of the car, showing the number of the certificate accompanying the waybill; and

(b) for movement by road vehicle, the certificate shall accompany the vehicle and be surrendered to consignee upon delivery of shipment.

1 CRR-NY 139.9 Shipments for experimental and scientific purposes {#sec-1-crr-ny-139.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 139.9}

Regulated articles may be moved intrastate for experimental or scientific purposes, on such conditions and under such safeguards as may be prescribed by the New York State Department of Agriculture and Markets. The container of articles so moved shall bear, securely attached to the outside thereof, an identifying tag issued by the New York State Department of Agriculture and Markets showing compliance with such conditions.

Part 140 CONTROL OF THE PLUM POX VIRUS (POTYVIRUS DIDERON STRAIN)

1 CRR-NY 140.1 Definitions {#sec-1-crr-ny-140.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.1}

For the purpose of this Part, the following words, names and terms shall be construed, respectively, to mean:

(a) Certificate means a certificate issued or authorized to be issued by the commissioner, certifying the eligibility of products for intrastate movement under the requirements of this Part.

(b) Commissioner means the Commissioner of Agriculture and Markets of the State of New York and any officer or employee of the New York State Department of Agriculture and Markets or the United States Department of Agriculture duly delegated pursuant to section 17 of the Agriculture and Markets Law.

(c) Compliance agreement means an agreement approved by the commissioner and executed by persons or firms, covering the restricted movement, processing, handling or utilization of regulated articles not eligible for certification for intrastate movement.

(d) Infection means the presence of plum pox virus.

(e) Inspector means an inspector of the New York State Department of Agriculture and Markets, or representatives of the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS), when authorized to act in that capacity.

(f) Limited permit means a permit issued by the commissioner for the planting of regulated articles in the nursery stock regulated area for the restricted movement of regulated articles from a regulated area to a specified destination for specified processing, handling or utilization.

(g) Moved and movement means shipped, offered for shipment to a common carrier received for transportation or transported by a common carrier, or carried, transported, moved or allowed to be moved from the regulated area.

(h) Nursery dealer means any person, firm, partnership, association or corporation which or who is not a nursery grower or an original producer of nursery stock in the State and which or who buys, or acquires, or receives on consignment nursery stock for the purpose of reselling, transporting, or otherwise disposing of same.

(i) Nursery grower means the owner or operator of the grounds or premises, private or public, on or which nursery stock is propagated, grown or cultivated for the purpose of distribution or selling the same as a business. The term nursery grower shall not include persons engaged in the part-time production of plant products not sold in the regular channels of business.

(j) Nursery stock means all trees, shrubs, plants and vines and parts thereof.

(k) Nursery stock regulated area means any town a portion of which is within 11.5 kilometers of any location where the plum pox virus has been detected within the preceding six years.

(l) Plum pox virus means the plum pox potyvirus Dideron strain, which is a pathogen affecting susceptible Prunus species.

(m) Quarantined area means the area designated as quarantined by this Part.

(n) Regulated area means an area designated as regulated pursuant to this Part due to the presence of plum pox virus in that area.

(o) Regulated articles means plant and plant materials, including trees, seedlings, root stock, budwood, branches, scion, twigs and leaves of the following varieties of the Prunus species:

(1) Fruit-bearing and ornamental varieties including all cultivars of:

| | | | --- | --- | | Scientific Name | Common Name | | Prunus americana | American plum and wild plum | | Prunus armeniaca | Apricot | | Prunus cerasifera | Myrobalan plum/Cherry plum | | Prunus domestica | European plum and Common Plum | | Prunus dulcis | Sweet Almond | | Prunus persica | Peach and Flowering Peach | | Prunus persica var. nucipersica | Nectarine | | Prunus salicina | Japanese Plum |

(2) Ornamental varieties including all cultivars of:

| | | | --- | --- | | Scientific Name | Common Name | | Prunus cerasifera | Purple Leaf Plum | | Prunus x cistena | Purple Leaf Sand Cherry | | Prunus glandulosa | Flowering Almond | | Prunus persica | Flowering Peach and Purple Leaf Peach | | Prunus pumila | Sand Cherry and Western Sand Cherry | | Prunus spinosa | Black Thorn and Sloe | | Prunus serrulata | Japanese Flowering Cherry and Kwanzan Cherry | | Prunus tomentosa | Nanking Cherry and Hansen’s Bush Cherry | | Prunus triloba | Flowering Plum |

(3) For the purposes of this Part, the following varieties of the Prunus species are not regulated articles: Prunus avium; Prunus cerasus; Prunus laurocerasus; Prunus mahaleb; Prunus padus; Prunus sargentii; Prunus serotina; Prunus serrula; Prunus subhirtella; Prunus yedoensis; and Prunus virginiana.

(4) For the purposes of this Part, seeds and fruit that are free of leaves of all varieties of the Prunus species are not regulated articles.

(p) State means the State of New York.

1 CRR-NY 140.2 Quarantined area {#sec-1-crr-ny-140.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.2}

(a) That area of Niagara County which is bordered on the north by Lake Ontario and bordered on the east by the town line of the Towns of Newfane and Somerset, extending south to the town line of the Towns of Newfane and Hartland, extending south on the town lines of the Towns of Newfane and Hartland to the intersection of Route 104 (Ridge Road), extending west on Route 104 (Ridge Road), to the intersection of Route 425 (Cambria-Wilson Road/Lake Street), extending north on Route 425 to Lake Ontario to the north.

(b) The following cities, towns, and hamlets are under quarantine for the plum

pox virus:

(1) City of Newburgh in Orange County;

(2) Town of Newburgh in Orange County;

(3) City of Poughkeepsie in Dutchess County;

(4) Town of Poughkeepsie in Dutchess County;

(5) Town of Marlborough in Ulster County;

(6) City of Beacon in Dutchess County;

(7) Town of Plattekill in Ulster County;

(8) Town of Fishkill in Dutchess County;

(9) Town of Wappinger in Dutchess County; and

(10) Hamlet of Marlboro in Ulster County.

1 CRR-NY 140.3 Regulated area {#sec-1-crr-ny-140.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.3}

(a) That area of Ulster and Orange Counties that intersects and lies within the following one mile radius circle: (GPS coordinates 41.59229. -73.97927), that intersect with Route 9W on the north, following an imaginary line east to the intersection of Mill House Road, (GPS coordinates 41.58775. -73.97780), following an imaginary line south-west to the intersection of McDonald Drive, (GPS coordinates 41.57976, -73.97993), following an imaginary line south-west to the intersection of Levinson Heights Road, (GPS coordinates 41.57397, -73.98737), following an imaginary line south to the intersection of Old Post Road, (GPS coordinates 41.57295, -73.99007), following an imaginary line south to the intersection of Route 9W on the south, (GPS coordinates 41.57271, -73.99096), following an imaginary line south-west to the intersection of Lattintown Road (GPS coordinates 41.57393, -74.00663), following an imaginary line north-west to the intersection of Candlestick Hill Road, (GPS coordinates 41.58121, -74.01490), following an imaginary line north-west to the intersection of Bingham Road, (GPS coordinates 41.58945, -74.01589), following an imaginary line north to the intersection of Hampton Road, (GPS coordinates 41.59138, -74.01522), following an imaginary line north-east to the intersection of Gobblers Knob Road, (GPS coordinates 41.59830, -74.00813), following an imaginary line north-east to the intersection of Gobblers Knob Road, (GPS coordinates 41.59872, -74.00733), following an imaginary line north-east to the intersection of South Street, (GPS coordinates 41.60023, -74.00320), following an imaginary line north-east to the intersection of Lattintown Road, (GPS coordinates 41.60084, -73.99983), following an imaginary line east to the intersection of Lu El Ann Road, (GPS coordinates 41.60084, -73.99450), following an imaginary line south-east to the intersection of Cross Road, (GPS coordinates 41.59916, -73.98775), following an imaginary line south-east to the intersection of South Street/Rosa Drive, (GPS coordinates 41.59774, -73.98483), following an imaginary line south-east to the intersection of Highland Avenue, (GPS coordinates 41.59639, -73.98296), following an imaginary line south-east to Vineyard Lane, (GPS coordinates 41.5960, -73.98245), following an imaginary line south-east back to the intersection of Route 9W, (GPS coordinates 41.59229, -73.97927), to close the imaginary line in a one mile circle.

1 CRR-NY 140.4 Nursery stock regulated area {#sec-1-crr-ny-140.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.4}

The nursery stock regulated area shall consist of the quarantined area set forth in section 140.2 of this Part, exclusive of the regulated areas set forth in section 140.3 of this Part.

1 CRR-NY 140.5 Conditions governing the propagation of regulated articles {#sec-1-crr-ny-140.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.5}

(a) Regulated articles originating from or growing within the regulated area or the nursery stock regulated area shall not be used as a source of propagated material (either root stock, scion, budwood or seed).

(b) Regulated articles originating from or growing within Niagara County shall not be used as a source of propagated material (either root stock, scion, budwood or seed), except as allowed in subdivision (c) of this section.

(c) On-farm propagation of regulated articles for the purposes of fruit production shall only be allowed pursuant to a compliance agreement.

1 CRR-NY 140.6 Conditions governing the intrastate movement of regulated articles {#sec-1-crr-ny-140.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.6}

(a) Prohibited movement.

(1) The movement of any regulated article within the regulated area is prohibited.

(2) The intrastate movement of any regulated article from the regulated area to any point outside the regulated area is prohibited, except pursuant to a limited permit, authorizing such movement.

(3) The intrastate movement of any regulated article from any point outside the regulated area to the regulated area is prohibited, except pursuant to a limited permit, authorizing such movement.

(4) The intrastate movement of any article infected with or suspected of having been exposed to the plum pox virus is prohibited, except as provided in section 140.12 of this Part.

(5) The handling of regulated articles by nursery dealers or nursery growers within the nursery stock regulated area is prohibited, except pursuant to a compliance agreement.

(6) The digging and moving of regulated articles by nursery dealers and nursery growers within the nursery stock regulated area is prohibited.

(7) The planting and over-wintering of regulated articles by nursery dealers and nursery growers within the nursery stock regulated area is prohibited.

(8) The planting and over-wintering of regulated articles by nursery dealers and nursery growers within Niagara County is prohibited.

(b) Regulated movement.

Regulated articles may be moved through the regulated area if the regulated articles originated outside the regulated area and:

(1) the point of origin of the regulated articles is on the waybill or bill of lading; and

(2) a certificate accompanies the regulated articles; and

(3) the vehicle moving the regulated articles does not stop within the regulated area except for refueling; and

(4) the vehicle moving the regulated articles during the period April 1st through November 30th is either an enclosed vehicle or a vehicle completely covered by canvas, plastic or closely woven cloth to prevent access by aphids or other vectors of plum pox virus.

1 CRR-NY 140.7 Records {#sec-1-crr-ny-140.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.7}

Nursery dealers and nursery growers handling regulated articles within a nursery stock regulated area that is adjacent to a regulated area shall compile, maintain and make available for inspection, for a period of two years, records of inventory and sales of regulated articles on a form or forms prescribed by the commissioner.

1 CRR-NY 140.8 Conditions governing the issuance of certificates and permits {#sec-1-crr-ny-140.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.8}

(a) Certificates may be issued for the intrastate movement of regulated articles when they have been grown, produced, manufactured, stored or handled in such a manner that, in the judgment of the inspector, no infection would be transmitted thereby, provided that subsequent to certification, the regulated articles will be loaded, handled and shipped under such protection and safeguards against reinfection as are required by the inspector.

(b) Limited permits may be issued for the movement of noncertified regulated articles to specified destinations for specified processing, handling, or utilization. Persons shipping, transporting, or receiving such articles may be required to enter into compliance agreements to maintain such sanitation safeguards against the establishment and spread of infection and to comply with such conditions as to the maintenance of identity, handling, processing, or subsequent movement of regulated products and the cleaning of cars, trucks and other vehicles used in the transportation of such articles, as may be required by the inspector. Failure to comply with conditions of the agreement will result in cancellation of a limited permit.

(c) Certificates or limited permits issued under these regulations may be withdrawn or canceled by the commissioner and further certification refused whenever in his or her judgment the further use of such certificates or limited permits may result in the spread of the plum pox virus.

1 CRR-NY 140.9 Inspection and disposition of shipments {#sec-1-crr-ny-140.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.9}

Any car or other conveyance, any package or other container, and any article or thing to be moved, which is moving, or which has been moved intrastate from the regulated area, which contains, or which the inspector has probable cause to believe may contain, regulated articles or other articles infected with the plum pox virus, may be examined by an inspector at any time or place. When regulated articles are found to be moving or to have been moved intrastate in violation of these regulations, the inspector may take such action as he or she deems necessary to eliminate the danger of the spread of the plum pox virus. If found to be infected, such articles or regulated articles shall be freed of infection without cost to the State except that for inspection and supervision.

1 CRR-NY 140.10 Assembly of regulated articles for inspection {#sec-1-crr-ny-140.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.10}

(a) Persons intending to move intrastate any of the articles covered by these regulations shall make application for certification as far in advance as possible, and will be required to prepare and assemble articles at such points and in such manner as the inspector shall designate, so that thorough inspection may be made or approved treatments verified. Articles to be inspected as a basis for certification must be free from matter which makes inspection impracticable.

(b) The New York State Department of Agriculture and Markets or the United States Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) shall not be responsible for any cost incident to inspection, treatment, or certification other than the services of the inspector.

1 CRR-NY 140.11 Marking requirements {#sec-1-crr-ny-140.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.11}

Every container of regulated articles intended for intrastate movement shall be plainly marked with the name and address of the consignor and the name and address of the consignee, when offered for shipment, and shall have securely attached to the outside thereof a valid certificate or limited permit, issued in compliance with these regulations, provided, that:

(a) for lot freight shipments, other than by road vehicle, one certificate may be attached to one of the containers and another to the waybill; and for car lot freight or express shipment, either in containers or in bulk, a certificate need be attached to the waybill only and a placard to the outside of the car, showing the number of the certificate accompanying the waybill; and

(b) for movement by road vehicle, the certificate shall accompany the vehicle and be surrendered to consignee upon delivery of shipment.

1 CRR-NY 140.12 Shipments for experimental and scientific purposes {#sec-1-crr-ny-140.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 140.12}

Regulated articles may be moved intrastate for experimental or scientific purposes, on such conditions and under such safeguards as may be prescribed by the New York State Department of Agriculture and Markets. The container of articles so moved shall bear, securely attached to the outside thereof, an identifying tag issued by the New York State Department of Agriculture and Markets showing compliance with such conditions.

Part 142 EXTERIOR QUARANTINE OF SPOTTED LANTERNFLY (LYCORMA DELICATULA)

1 CRR-NY 142.1 Definitions {#sec-1-crr-ny-142.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 142.1}

For this Part, the following words, names and terms shall be construed respectively, to mean:

(a) AML.

The Agriculture and Markets Law.

(b) Certificate of inspection.

A valid form issued by the certifying authority of a state, certifying that a regulated article may be moved into the State of New York, pursuant to the provisions of this Part.

(c) Certifying authority.

A state plant regulatory official (SPRO) or an individual authorized by a SPRO to issue a certificate of inspection.

(d) Commissioner.

The Commissioner of the Department of Agriculture and Markets of the State of New York, or his or her duly authorized representative.

(e) DEC.

The Department of Environmental Conservation of the State of New York.

(f) Department.

The Department of Agriculture and Markets of the State of New York.

(g) Firewood.

Wood, cut or not cut, split or not split, regardless of length, which is either in a form and size appropriate for use as fuel, or intended for use as fuel. Firewood does not include:

(1) kiln dried dimensional lumber;

(2) wood that has been chipped; and

(3) logs or wood being transported to or possessed by the following operations and facilities for use in their primary manufacturing process:

(i) sawmills for dimensional lumber;

(ii) pulp and/or paper mills;

(iii) wood pellet manufacturing facilities;

(iv) plywood manufacturing facilities;

(v) wood biomass-using refineries or power plants;

(vi) re-constituted wood or wood composite product manufacturing plants; and

(vii) facilities treating firewood in accordance with department regulations.

(h) Inspector.

An inspector of the department, or cooperator from DEC or the United States Department of Agriculture (USDA), when authorized by the department to act in that capacity.

(i) Move; movement.

Shipped, offered or received for shipment, carried, transported, or relocated into or through any area of the State of New York.

(j) Nursery stock.

All trees, shrubs, plants, vines, and parts thereof.

(k) Person.

An individual, organization, corporation or partnership, public authority, county, town, village, city, municipal agency or public corporation, or any other legal entity other than the DEC or the department and its respective authorized agents.

(l) Spotted lanternfly or SLF.

The insect known as spotted lanternfly, lycorma delicatula, in any life stage.

(m) State.

One of the 50 constituent political entities of the United States.

(n) Regulated article.

An article listed in section 142.3 of the Part.

1 CRR-NY 142.2 Quarantine area {#sec-1-crr-ny-142.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 142.2}

The quarantine area consists of the following counties:

(a) in the Commonwealth of Pennsylvania, the Counties of Allegheny, Beaver, Berks, Blair, Bucks, Carbon, Chester, Columbia, Cumberland, Dauphin, Delaware, Huntington, Juniata, Lancaster, Lebanon, Lehigh, Luzerna, Mifflin, Monroe, Montgomery, Northampton, Northumberland, Perry, Philadelphia, Schuylkill, York;

(b) in the Commonwealth of Virginia, the Counties of Clarke and Frederick;

(c) in the State of New Jersey, the Counties of Burlington, Camden, Gloucester, Salem, Mercer, Hunterdon, Warren and Somerset;

(d) in the State of Delaware, the County of New Castle;

(e) in the State of Maryland, the County of Cecil and Hartford;

(f) in the State of West Virginia, the County of Berkley.

1 CRR-NY 142.3 Regulated articles {#sec-1-crr-ny-142.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 142.3}

The following articles are regulated when originating from, located within, or moved through the area as described in section 142.2 of this Part:

(a) any living life stage of the spotted lanternfly;

(b) brush, debris, bark, or yard waste;

(c) landscaping, remodeling, or construction waste;

(d) logs, stumps, or any tree parts;

(e) firewood of any species;

(f) packing materials, such as wood crates or boxes;

(g) all plants and plant parts including but not limited to nursery stock, green lumber, fruit and produce and other material living, dead, cut, fallen (including stumps), roots, branches, mulch, and composted and uncomposted chips;

(h) outdoor household articles, including, but not limited to, recreational vehicles, lawn tractors and mowers, mower decks, grills, grill and furniture covers, tarps, mobile homes, tile, stone, deck boards, mobile fire pits, and any equipment associated therewith, and trucks or vehicles not stored indoors; and

(i) any other article, commodity, item, or product that has or that is reasonably believed to be infested with or harboring spotted lanternfly.

1 CRR-NY 142.4 Restrictions on movement of regulated articles originating from or moved through a quarantine area, into the State of New York {#sec-1-crr-ny-142.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 142.4}

(a) No person shall move a regulated article that has originated from a quarantine area into the State of New York unless:

(1) such regulated article is accompanied by a certificate of inspection or will be moved into the State of New York for experimental or scientific purposes, on such conditions and under such safeguards as may be prescribed in writing by the department; and

(2) such regulated article has been loaded, handled, or shipped in a manner reasonably designed to prevent it from becoming infested with or harboring spotted lanternfly; and

(3) the regulated article is accompanied by a waybill that sets forth its point of origin and intended destination.

(b) No person shall move a regulated article that has not originated from a quarantine area but has moved through a quarantine area, into the State of New York unless:

(1) such regulated article is accompanied by a waybill that sets forth its point of origin and intended destination; and

(2) such regulated article has moved directly through a quarantine area without stopping except for refueling and traffic conditions.

1 CRR-NY 142.5 Conditions governing the issuance of a certificate of inspection {#sec-1-crr-ny-142.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 142.5}

(a) The department will not accept or recognize a certificate of inspection, nor a substantially revised certificate of inspection, unless a copy thereof is furnished to the department for its approval, prior to use.

(b) The department will not accept or recognize a certificate of inspection unless the certificate of inspection provides, and clearly and convincingly indicates, that:

(1) (i) the regulated article has been inspected and found to be free of spotted lanternfly; or

(ii) the regulated article has been treated, fumigated, or processed by an approved method; or

(iii) the regulated article has been grown, produced, manufactured, stored, or handled in such a manner that it would be free of spotted lanternfly; and

(2) the regulated article is eligible for unrestricted movement under all other state plant quarantines and regulations.

1 CRR-NY 142.6 Inspection and disposition of shipments {#sec-1-crr-ny-142.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 142.6}

(a) The department may inspect any container, conveyance, package, or vehicle reasonably believed to contain a regulated article.

(b) When a regulated article has been moved into the State of New York in violation of the provisions of this Part, an inspector may take such action as deemed necessary to eliminate the danger of introduction and/or spread of the spotted lanternfly.

(c) If a regulated article is found to be infested with or harboring spotted lanternfly, such regulated article must be rendered free of infestation without cost to the State of New York.

1 CRR-NY 142.7 Other laws and regulations {#sec-1-crr-ny-142.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 142.7}

No provision of this Part relieves any person from the obligation to comply with any other applicable Federal, State, county, regional, or local law or regulation.

Part 143 CONTROL OF THE BOX TREE MOTH

1 CRR-NY 143.1 Definitions {#sec-1-crr-ny-143.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.1}

For the purpose of this Part, the following words, names and terms shall be construed respectively, to mean:

(a) AML.

The Agriculture and Markets Law.

(b) Authorized holder.

Any person who is granted a limited permit or certificate of inspection by the department or enters into a compliance agreement with the department.

(c) Box tree moth or BTM.

Any living life stage of the insect known as Cydalima perspectalis.

(d) Certificate of inspection.

The document issued under the authority of or by the department, which affirms that a regulated article is free of BTM for the purposes of intrastate movement.

(e) Commissioner.

The Commissioner of the Department of Agriculture and Markets or the commissioner’s duly authorized representative.

(f) Compliance agreement.

The document issued under the authority of or by the department that sets forth the requirements covering restricted movement, treatment, processing, handling or utilization of a regulated article not otherwise eligible for intrastate movement, and permits its authorized holder to issue a limited permit for the movement of a restricted article, subject to the terms of the compliance agreement and this Part without a department inspection prior to each movement.

(g) Department.

The Department of Agriculture and Markets (AGM).

(h) Infestation.

The presence of the BTM in any life stage.

(i) Inspector.

Any inspector of the department or cooperator from the United States Department of Agriculture (USDA), when authorized by the department to act in that capacity.

(j) Limited permit.

The document issued under the authority of or by the department, or an authorized holder of a compliance agreement, permitting the one-time restricted movement of a regulated article from the quarantine area to a specified destination for specified treatment, processing, handling or utilization.

(k) Moved and movement.

Shipped, offered or received for shipment, carried, transported, or relocated into or through any area of the State.

(l) Person.

An individual, organization, corporation, partnership, public authority, county, town, village, city, municipal agency or public corporation, or any other legal entity other than the department or its respective authorized agents including the United States Department of Agriculture.

(m) Quarantine area.

The geographic area of the State defined in and delineated on the quarantine area map in section 143.2 of this Part.

(n) Regulated article.

The whole plant, plant parts and nursery stock of the genus Buxus, including all living and dead material, cut or fallen stems and branches, stumps, stems, roots, branches, leaves and debris any of which measuring a half inch or greater in any two dimensions as measured by a sieve or other appropriate mechanism, or is comingled or indistinguishable from any part of the Buxus plant and/or plant parts. A regulated article may also include any other article, commodity, item, or product that an inspector reasonably believes to be infested, or susceptible to infestation by BTM, and which is the subject of a quarantine order issued by the commissioner, pursuant to article 14 of the AML.

(o) USDA APHIS, PPQ.

The United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine.

1 CRR-NY 143.2 Establishment of the quarantine area {#sec-1-crr-ny-143.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.2}

(a) Establishment of the quarantine area.

The quarantine area is set forth on the map below and is designated to include the following areas:

(1) Niagara County, in its entirety;

(2) Orleans County in its entirety; and

(3) Erie County, in its entirety.

(b) The requirements in this Part shall not apply to the Cattaraugus, Tonawanda and Tuscarora Indian Reservations.

(c) Any amendment of or addition to the quarantine area shall be made by regulation.

1 CRR-NY 143.3 Movement of regulated articles within the quarantine area {#sec-1-crr-ny-143.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.3}

A regulated article may be moved freely within the quarantine area, provided the regulated article is otherwise eligible for unrestricted movement under all other state and Federal plant quarantines and regulations applicable to the regulated article.

1 CRR-NY 143.4 Intrastate movement of regulated articles originating within or traveling through the quarantine area to or from points outside the quarantine area {#sec-1-crr-ny-143.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.4}

(a) The intrastate movement of regulated articles, as defined herein, whether moved independent of, or in connection with any other article, is prohibited except as established in this section, and/or in sections 143.5, 143.6 and 143.7 of this Part.

(b) No person shall move a regulated article from any point within the quarantine area to or through any point outside the quarantine area, unless:

(1) accompanied by a limited permit or certificate of inspection authorizing such movement under administrative instructions of the commissioner; or

(2) subject to an exemption as described in section 143.7 of this Part.

(c) Notwithstanding the provisions of subdivision (b) of this section, a regulated article originating from within New York, but outside the quarantine area in New York, may be moved through the quarantine area in the state, provided that:

(1) the points of origin and destination of the regulated article are indicated on a waybill accompanying the regulated article;

(2) the regulated article, if moved through the quarantine area during the months of May through and including October, is either moved in a completely enclosed portion of a vehicle or other conveyance, or is completely enclosed by a covering adequate to prevent access by BTM, such as canvas, plastic, or other closely woven cloth; and

(3) the regulated article is moved directly through the quarantine area without stopping, except for refueling, and as required by traffic conditions.

1 CRR-NY 143.5 Conditions governing compliance agreements for movement of regulated articles out of the quarantine area {#sec-1-crr-ny-143.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.5}

(a) A person engaged in growing, handling, or moving a regulated article intrastate may apply for a compliance agreement with the department.

(b) The department may, in its sole discretion, may issue or decline to issue a compliance agreement. Any authorized holder of a compliance agreement shall comply with the provisions of this Part and any conditions imposed under the compliance agreement.

(c) Any compliance agreement may be cancelled by the department, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the compliance agreement has not complied with this Part or the conditions imposed under the compliance agreement.

(d) Any compliance agreement may be cancelled by the department, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the compliance agreement has not complied with this Part or the conditions imposed under the compliance agreement.

(1) Cancellation of a compliance agreement shall take effect immediately upon providing oral notice or the delivery of the written notice. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing at a date no later than three days after such oral cancellation.

(2) Cancellation of a compliance agreement shall be deemed final unless within seven days from the date of cancellation, the department receives notice from an authorized holder in writing of its intention for a proceeding to review such action.

1 CRR-NY 143.6 Conditions governing limited permits and certificates of inspection for movement of regulated articles out of the quarantine area {#sec-1-crr-ny-143.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.6}

(a) Limited permits.

(1) An inspector or an authorized holder of a compliance agreement may issue a limited permit for the movement of a regulated article out of the quarantine area, provided that the regulated article meets the following requirements:

(i) during the months of May and continuing through the end of October, limited permits for the movement of regulated articles intended to be sold or shipped outside of the quarantine area shall require the treatment of regulated articles using such control measures approved by the department, and in accordance with any applicable manufacturers’ instructions or labels; and

(ii) before a limited permit may be issued, where applicable, a regulated article intended for interstate commerce shall be otherwise eligible for unrestricted movement under all other applicable federal and state plant quarantines and regulations.

(2) All issued limited permits shall accompany the corresponding shipment of any regulated article leaving the quarantine area, as specified in section 143.9 of this Part.

(3) An inspector or authorized holder of a compliance agreement may issue additional limited permits, pursuant to the terms of a compliance agreement, or may authorize, in writing, the reproduction of an issued limited permit in order to be placed on shipping containers, as requested by a person operating under a compliance agreement. Such limited permits may then be completed and utilized as needed, for the movement of a regulated article to points outside the quarantine area, provided such regulated article otherwise meets all requirements of this Part.

(4) Any limited permit may be cancelled by the department or an inspector, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the limited permit has not complied with this Part or the conditions imposed under the compliance agreement.

(i) Cancellation of a limited permit shall take effect immediately upon providing oral notice or the delivery of the written notice, whichever occurs first. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing at a date no later than three days after such oral cancellation.

(ii) Cancellation of a limited permit shall be deemed final unless within seven days from the date of cancellation, the department receives notice from an authorized holder in writing of its intention for a proceeding to review such action.

(b) Certificates of inspection.

(1) An inspector may issue a certificate of inspection for the movement of a regulated article out of the quarantine area, provided that the regulated article meets the following requirements:

(i) before a certificate of inspection may be issued, a regulated article intended for interstate commerce must otherwise be eligible for unrestricted movement under all other applicable federal and state plant quarantines and regulations; and

(ii) the regulated article shall be inspected and determined to be free of BTM infestation, as defined herein, by an inspector or an authorized holder of a compliance agreement; or

(iii) the regulated article shall be treated or processed by methods which render BTM non-viable, which have been approved by the department, or as outlined in the compliance agreement; or

(iv) the regulated article is grown, produced, manufactured, stored or handled in such manner that, in the judgment of the inspector, transmission of infestation would be controlled or limited, provided that, subsequent to the issuance of a certificate of inspection, such regulated article shall be loaded, handled, and shipped under such protection and safeguards against BTM infestation, as established by an inspector or otherwise established by the department.

(2) All issued certificates of inspection shall accompany the corresponding shipment of any regulated article leaving the quarantine area as specified in section 143.9 of this Part.

(3) An inspector may issue additional certificates of inspection, or may authorize, in writing, the reproduction of an issued certificate of inspection in order to be placed on shipping containers, as requested by a person operating under a compliance agreement. Such certificates of inspection may then be completed and utilized as needed, for the movement of a regulated article to points outside the quarantine area, provided such regulated article otherwise meets all requirements of this Part.

(4) Any certificate of inspection may be cancelled by the department or an inspector, either orally or in writing, whenever an inspector determines, in his or her sole discretion, that the authorized holder of the certificate of inspection has not complied with this Part or the conditions imposed by a compliance agreement.

(i) Cancellation of a certificate of inspection shall take effect immediately upon providing oral notice or the delivery of the written notice, whichever occurs first. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing at a date no later than three days after such oral cancellation.

(ii) Cancellation of a certificate of inspection shall be deemed final unless within seven days from the date of cancellation, the department receives notice from an authorized holder in writing of its intention for a proceeding to review such action.

1 CRR-NY 143.7 Exemptions {#sec-1-crr-ny-143.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.7}

(a) Shipments of regulated articles for experimental and scientific purposes.

(1) A regulated article may be moved intrastate for experimental or scientific purposes, on such conditions and under such safeguards as may be prescribed in writing by the department. The container of the article so moved shall bear, securely attached to the outside thereof, an identifying tag issued by the department showing compliance with such conditions.

(2) An application for an exemption under this section shall be made in writing to the duly authorized department representative. The issuance or denial of an exemption under this section, either orally or in writing, shall be final unless within seven days from the date of denial thereof, the department receives notice from applicant in writing of its intention for a proceeding to review such action.

(b) Commissioner administrative exemption.

(1) A regulated article may be moved intrastate pursuant to an administrative exemption issued by the commissioner. The container of the article so moved shall bear, securely attached to the outside thereof, an identifying tag issued by the department evidencing the issuance of such administrative exemption.

(2) An application for an administrative exemption shall be made in writing to the duly authorized department representative. The issuance or denial of an administrative exemption under this section, either orally or in writing, shall be final unless within seven days from the date of denial thereof, the department receives notice from applicant in writing of its intention for a proceeding to review such action.

1 CRR-NY 143.8 Assembly of regulated articles for inspection {#sec-1-crr-ny-143.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.8}

(a) All persons intending to conduct intrastate movement of a regulated article, except as provided in sections 143.4, 143.5, 143.6, and/or 143.7 of this Part, shall make an application for inspection as far in advance as possible, in writing to the inspector.

(1) Regulated articles to be inspected shall be prepared and assembled at such locations and in such manner as the inspector shall designate, to allow for the thorough inspection of such article and/or to allow the application of control measures approved by the department in order to render BTM non-viable.

(2) Before any regulated article that requires inspection under this section shall be issued a certificate of inspection, such article shall be free from matter or other condition that makes inspection impracticable or infeasible.

(b) The department shall not be responsible for any cost incident to inspections or certification, other than the cost of providing the designated inspector.

(c) Any determination finding a condition which prevents the issuance of a certificate of inspection under this section, whether oral or in writing, shall be final unless within seven days from the date of such determination, the applicant notifies the department in writing of its intention for a proceeding to review such action.

1 CRR-NY 143.9 Marking requirements {#sec-1-crr-ny-143.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.9}

Every container being utilized to hold or contain a regulated article, and intended for intrastate movement, shall be plainly marked with the name and address of the consignor and the name and address of the consignee, when offered for shipment, and shall have securely attached to the outside thereof a valid limited permit or certificate of inspection issued in compliance with this Part, provided, that:

(a) For movement by lot freight shipment, other than by road vehicle, one limited permit or certificate of inspection may be attached to one of the containers and another to the waybill.

(b) For movement by car lot freight or express shipments, either in containers or in bulk, a limited permit or certificate of inspection may be attached to the waybill only and a placard to the outside of the car, showing the number of the valid limited permit or certificate of inspection accompanying the waybill.

(c) For movement by road vehicle, the limited permit or certificate of inspection shall accompany the vehicle and shall be surrendered to consignee upon delivery of the shipment.

(d) For movement of all regulated articles leaving the quarantine area, such regulated articles shall be accompanied by a limited permit or certificate of inspection as specified in the applicable compliance agreement.

1 CRR-NY 143.10 Inspection and disposition of shipments {#sec-1-crr-ny-143.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.10}

(a) Any vehicle or other conveyance, any package or other container, and any item to be moved, or which has been moved intrastate from the quarantine area which may contain a regulated article is subject to be examined by an inspector.

(b) When items are found to be moving or to have been moved intrastate in violation of these regulations, the inspector may take such action as he or she deems necessary to eliminate the danger of dissemination of BTM.

(c) When items are found to be moving or to have been moved intrastate in violation of these regulations, such items must be rendered free of infestation without cost to the State other than services of the inspector.

1 CRR-NY 143.11 Other laws and regulations; interstate movement of regulated articles {#sec-1-crr-ny-143.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.11}

This Part shall only apply to the intrastate movement of regulated articles. No provision of this Part relieves any person from the obligation to comply with any additional applicable Federal, State, county, regional or local law or regulation.

1 CRR-NY 143.12 Effective date {#sec-1-crr-ny-143.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 143.12}

This regulation shall take effect immediately.

Part 150 VOLUNTARY PROGRAM FOR THE PRODUCTION OF VIRUS-TESTED PLANT MATERIALS

1 CRR-NY 150.1 Definitions {#sec-1-crr-ny-150.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 150.1}

For the purpose of this Part the following words, names and terms shall be construed to mean:

(a) Applicant.

Any person who files an application for participation in the voluntary program for virus-tested plants established in this Part.

(b) Certification program.

The comprehensive process established, authorized, and executed by the Department to prevent or minimize the introduction or reintroduction of diseases in planting stock, as identified in this Part.

(c) Certified block.

A group of plants registered in the certification program, propagated from G1, G2, or G3 level plant material, managed as one unit at an isolated site, and consisting of certified plant material destined to be sold to nursery customers.

(d) Certified plant material.

Plant material that has met the requirements, and which has been approved for certification under the certification program, and destined for delivery to nursery customers.

(e) Commissioner.

The Commissioner of the New York State Department of Agriculture and Markets, or the Commissioner’s duly authorized representative.

(f) Department.

The New York State Department of Agriculture and Markets.

(g) Generation,

Generation level, or G level. The degree to which plant stock is related to the original virus-tested plant material.

(h) Generation 1 or G1.

The original mother plants tested for viruses of concern, found free of viruses of concern, and grown under specific conditions to prevent infection or reinfection.

(i) Generation 2 or G2.

Plant material propagated from G1 stock, and grown under specific conditions to prevent infection or reinfection.

(j) Generation 3 or G3.

Plant material propagated from G1 or G2 stock, and grown under specific conditions to prevent infection or reinfection. A G3 block is used to increase the population of virus-tested stock plants to supply certified plant material.

(k) Index.

To test for virus infection by making a graft with tissue deriving from the plant to be tested to an indicator plant, or by other means of inoculation.

(l) Inspector.

An employee of the Department authorized by the Commissioner to inspect, and certify the production of virus-tested plant materials under this Part.

(m) Mother plant.

Plant material used as a source for propagation material.

(n) Off-types.

Plants of a variety, or rootstock genotype apparently different from the variety or rootstock genotype specified on a corresponding application for participation in the certification program.

(o) Person.

An individual, organization, corporation, partnership, public authority, county, town, village, city, municipal agency or public corporation, or any other legal entity, other than the Department, or its respective authorized agents including the United States Department of Agriculture.

(p) Plant material.

Any plants, trees, cuttings, grafts, scions, rootstock, rhizomes, buds, seedlings, and/or other plant parts.

(q) Registered block.

A group of plants registered in the certification program, consisting of either G1, G2, or G3 level plant material managed as one unit at an isolated site.

(r) Test, tested or testing.

Official examination, other than visual, used to determine if viruses of concern are present, or used to identify viruses. Such examination may include biological indexing, serological, molecular procedures, or other methods approved by the Department.

(s) Virus of concern.

A virus or other virus-like pathogen that causes economic damage and/or loss to plants and/or fruit production in any way.

(t) Virus-infected.

Infected by a virus of concern, or manifesting symptoms or behavior characteristic of a virus disease.

(u) Virus-tested.

Tested and found free of viruses of concern.

1 CRR-NY 150.2 Voluntary program {#sec-1-crr-ny-150.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 150.2}

The New York State Department of Agriculture and Markets, pursuant to Agriculture and Markets Law sections 18, 164 and 167, establishes the following voluntary program for the production of virus-tested plant materials within the State of New York.

(a) A nursery may apply to participate in a certification program on a form prescribed, or authorized by the Department, which shall require, at a minimum, that the applicant provide the row number and plant location of any and all G1, G2, G3 and certified blocks. If the Commissioner grants such application, an applicant shall be deemed a registration holder; the G1, G2, and G3 blocks identified in the application shall be deemed registered; and any plant material in a certified block shall be deemed certified.

(b) Application period.

New applications shall be made during the month of January of the year in which the applicant seeks to be eligible for participation. The Department may, in its sole discretion, accept applications outside the prescribed period.

(c) The Commissioner may set fees in an amount that will defray the costs of administering the certification program, in whole or in part. An applicant shall remit the required fee no later than the date set by the Commissioner, and communicated to the applicant during the application process.

(d) A nursery shall remain in the certification program until such time as its registration is revoked, pursuant to subdivision (e) of this subsection, or until the registration holder voluntarily surrenders its registration in writing.

(e) A nursery’s registration may be revoked, in the sole discretion of the Department, if:

(1) any requirements of this Part are not met; or

(2) any plant in the blocks registered by an applicant is found virus-infected unless, in the opinion of the Department, the remainder of the plantings in such blocks can be adequately protected by treatment or by removal, and destruction of all plants in the infected area, or by other means approved by the Department; or

(3) the plant material is off-type; or

(4) testing facilities, indicator plants, or assays used for virus testing are not available in sufficient quantity; or

(5) the required fees pursuant to subdivision (c) of this subsection have not been paid.

(f) The Department retains the right to discontinue this certification program, upon notice to all persons participating in this certification program, and shall not be liable for any incurred costs, damages, or other harm arising from such discontinuation.

1 CRR-NY 150.3 Plantings {#sec-1-crr-ny-150.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 150.3}

Responsibility of registration holder.

(a) Location of plantings.

Each planting shall be located within the State of New York, in an area where contamination by soil-borne viruses of concern is not likely to occur, and previously approved by the Department. Each planting shall be located at a required distance sufficiently isolated from blocks that are of a different generation level to prevent or minimize infection or reinfection of viruses of concern. Generation 1, Generation 2, Generation 3, and certified plant material may only be grown in a block that has been previously registered with the Department.

(b) Treatment of planting areas.

The Department may require treatment with an approved nematicide pursuant to any applicable state and federal pesticide registrations in each of the following planting areas to control nematodes of concern.

(1) Generation 1 (G1) block. The registration holder shall treat soil in a G1 block using a manner approved by the Department before planting virus-tested plant material.

(2) Generation 2 (G2) block. The registration holder shall survey soil in a G2 block for the presence of soil-borne pests including nematodes which transmit viruses of concern and, if detected, treat in a manner approved by the Department before planting of virus-tested plant material.

(3) Generation 3 (G3) block. The registration holder shall survey soil in a Generation 3 (G3) block for the presence of soil-borne pests including nematodes which transmit viruses of concern and, if detected, treat in a manner approved by the Department before the planting of plant material.

(4) Certified block. The registration holder shall, if required by the Department, survey soil in a certified block for the presence of soil-borne pests including nematodes which transmit viruses of concern and, if detected, treat in a manner approved by the Department before the planting of plant material.

(c) Eligibility for plantings.

(1) Generation 1 (G1) block. Planting in a Generation 1 (G1) block shall be permitted, if the registration holder provides evidence satisfactory to the Department that plant material to be planted within the block has been tested in a manner approved by the Department, and is free from viruses of concern.

(2) Generation 2 (G2) block. Planting in a Generation 2 (G2) block shall be permitted, if the registration holder provides evidence satisfactory to the Department that plant material to be planted within the block originate from either: a Generation 1 (G1) block approved by the Department; a New York State Generation 2 (G2) block; from a Generation 2 block grown outside of New York State approved by the Department; or shall have an equivalent known history approved by the Department. The Department, in its sole discretion, may allow plants to be considered Generation 2 (G2), and planted into Generation 2 (G2) blocks based on testing for known viruses of concern.

(3) Generation 3 (G3) block. Planting in a Generation 3 (G3) block shall be permitted if the registration holder provides evidence satisfactory to the Department that plant material to be planted within the block originate from either: a New York State Generation 2 (G2) block; from a Generation 3 block grown outside of New York State approved by the Department; or shall have an equivalent known history approved by the Department. The Department, in its sole discretion, may allow plants to be considered Generation 3 (G3), and planted into Generation 3 (G3) blocks based on testing for known viruses of concern as determined by the Department.

(4) Certified block. Planting in a certified block shall be permitted, if the registration holder provides evidence satisfactory to the Department that source plants originate from either: a New York State Generation 2 (G2) block; a New York State Generation 3 (G3) block; a Generation 2 (G2) or Generation 3 (G3) block grown outside New York, and approved by the Department.

(d) Maintenance of plantings.

A registration holder shall:

(1) ensure plants are kept in a vigorous growing condition; and

(2) keep pests within accepted management levels as determined by the Department; and

(3) take precautions when cultivating, irrigating, moving, using equipment, and/or other farming practices to guard against spread of soil-borne pests, and other hemipteran insect vectors to or within registered blocks; and

(4) remove plants from registered blocks which have been determined to be off-type, as determined by the Department, and submitted application; and

(5) ensure that plant materials are stored, heeled-in, and/or calloused in media, beds or storage areas in such manner as to maintain their identification, and to prevent exposure to vectors and viruses.

1 CRR-NY 150.4 Inspection and testing procedures {#sec-1-crr-ny-150.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 150.4}

(a) The Department shall:

(1) Generation 1 (G1) blocks. Visually inspect each plant at least twice during each growing season, and test each plant in a manner approved by the Department at least once each year to ascertain the presence of known viruses of concern, except that each grapevine shall be inspected, and tested at least twice each growing season.

(2) Generation 2 (G2) blocks. Visually inspect each plant at least once during each growing season, and test 25% of plants in a manner approved by the Department at least once each year to ascertain the presence of known viruses of concern, except that 25% of grapevines shall be tested each Spring, and 25% of grapevines tested each Fall. Each plant shall be tested at least once every four years.

(3) For Generation 3 (G3) blocks. Visually inspect each plant at least once during each growing season, and test 25% of plants in a manner approved by the Department at least once each year to ascertain the presence of known viruses of concern, except that 25% of grapevines shall be tested each Spring, and 25% of grapevines tested each Fall. Each plant shall be tested at least once every four years.

(4) For certified blocks. Visually inspect each block, and consider whether blocks should be tested in a manner approved by the Department, and at the sole discretion of the Department.

(b) Testing may be performed by the New York State Agricultural Experiment Station, or another laboratory approved by the Department. The results of the approved laboratory shall be final.

(c) The Department retains the right to conduct additional inspection and testing procedures as it deems necessary to prevent or minimize the infection or reinfection of plant materials.

1 CRR-NY 150.5 Identification {#sec-1-crr-ny-150.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 150.5}

(a) Notice of Plantings.

The registered holder shall notify the Department before the planting, replanting, grafting, budding, re-budding, or removal of plants from registered blocks before the commencement of such activities. The Department shall acknowledge this notification in writing prior to start of work. Such notice to the Department shall specify the following information based on applicable block type:

(1) Generation 1 (G1) block. Identify each plant growing or originating in a manner approved by the Department, and indicate the variety, the rootstock (if appropriate), the year tested, and the plant identification number. The registration holder shall also identify each plant by row number, and plant location number.

(2) Generation 2 (G2) block. Identify each plant growing or originating in a manner approved by the Department, and indicate the variety, the rootstock (if appropriate), the year tested, and plant identification numbers. The registration holder shall also identify each plant by row number, and plant location number.

(3) Generation 3 (G3) block. Identify each plant growing, or originating in a manner approved by the Department, and indicate the variety, the rootstock (if appropriate), the year tested, and plant identification numbers. The registration holder shall also identify each plant by row number, and plant location number.

(4) Certified block. Identify each plant growing or originating in a manner approved by the Department. Plants grown in a certified block are eligible to be sold as New York State certified, virus-tested plants.

(b) The Department, in its sole discretion, may, after having received the notification required in subdivision (a) of this Section, conduct inspections, and grant approval or denial before plant material is planted, replanted, grafted, budded, re-budded, or removed from a registered block. A registration holder shall not plant, replant, graft, bud, rebud, or remove plants from a registered block unless he or she has been informed that the Department has either determined no inspection is necessary, and therefore no further approval is required; or unless the Department has conducted any inspections it deems necessary, and has informed the registration holder of its approval.

(c) Authority to label as certified. No person may represent plant material in advertisement, marketing, tags, or any other means as being New York State certified virus-tested plants, unless such person holds a registration issued pursuant to this Part.

1 CRR-NY 150.6 Compliance with other regulations {#sec-1-crr-ny-150.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 150.6}

Compliance with the regulations in this Part shall not relieve failure to comply with any additional applicable international, federal, state, county, regional or local law or regulation.

1 CRR-NY 150.7 [Repealed] {#sec-1-crr-ny-150.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 150.7}

Subchapter D SALE AND ANALYSIS OF COMMERCIAL FERTILIZER

Part 153 SALE AND ANALYSIS OF COMMERCIAL FERTILIZER

1 CRR-NY 153.1 Definitions and terms; exemptions {#sec-1-crr-ny-153.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 153.1}

As used in relation to the sale and analysis of commercial fertilizer and as used in this Part:

(a) Definitions, terms and names shall be those set forth in article 10 of the Agriculture and Markets Law (hereinafter referred to as the “law”). Where no such definitions, terms or names are set forth in the law, such definitions, terms and names shall be those adopted by the Association of American Plant Food Control Officials (hereinafter referred to as “AAPFCO”), except as the commissioner prescribes otherwise in this Part.

(b) The following commodities are hereby exempt from the definition of “commercial fertilizer” as set forth in the law: unmanipulated animal and vegetable manures, agricultural liming material, wood ashes and gypsum.

(c) Compost consisting entirely of animal (other than human) manure, vegetative matter and animal bedding, for which plant nutrient claims are made, shall be exempt from the definition of commercial fertilizer for purposes of the fee requirements of Agriculture and Markets Law sections 146 and 146-c and the guaranteed analysis requirements of sections 144 and 145(4) of said law and this Part. Any such compost, for which plant nutrient claims are made, which is distributed in this State in containers shall have placed on or affixed to the containers a clearly legible label setting forth total nitrogen (N), total phosphorous (P) and total potassium (K). Other compost characteristics may also be set forth. Any other compost characteristics stated for such compost shall appear in the format set forth in subdivision (d) of this section. If distributed in bulk, a statement, in such format, setting forth any compost characteristics stated for such compost shall accompany the compost and be supplied to the purchaser at the time of delivery.

(d) The format for setting forth compost characteristics stated for composted animal manure, composted vegetable manure and composted animal bedding, for which plant nutrient claims are made, shall be as follows:

(1) general characteristics:

(i) feedstock;

(ii) maturity;

(iii) organic matter;

(iv) weed seeds/liter;

(v) density;

(vi) solids;

(vii) CN ratio;

(viii) pH; and

(ix) conductivity;

(2) nutrients:

(i) total nitrogen (N);

(ii) total phosphorous (P);

(iii) total potassium (K);

(iv) total calcium (Ca); and

(v) total magnesium (Mg);

(3) metals:

(i) copper;

(ii) iron;

(iii) zinc;

(iv) arsenic; and

(v) cadmium;

(e) Analytical test results supporting compost characteristics stated for composted animal manure, composted vegetable manure and composted animal bedding, for which plant nutrient claims are made, shall be filed with the department with any license application and prior to the distribution of such products. The values of such compost characteristics may be stated as average values based upon such analytical test results. Analytical tests shall be conducted using the methods in “Test Methods for the Examination of Composting and Compost,” edited by Wayne H. Thompson and published August 12, 2001 by the United States Department of Agriculture, 1400 Independence Avenue, SW, Washington, DC 20250-9410 and the Composting Council Research and Education Foundation, 4250 Veterans Memorial Highway, Suite 275, Holbrook, NY 11741 or equivalent methods. Copies of “Test Methods for Examination of Composting and Compost” are maintained at the Department of Agriculture and Markets, Division of Plant Industry, 10B Airline Drive, Albany, NY 12235, and at the New York State Department of State, 41 State Street, Albany, NY 12231 and are available for public inspection and copying during regular business hours.

1 CRR-NY 153.2 Plant nutrients in addition to nitrogen, phosphate and potash {#sec-1-crr-ny-153.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 153.2}

(a) Other plant nutrients when mentioned in any form or manner shall be guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed and proof of availability shall be provided to the department upon request. Except guarantees for those water soluble nutrients labeled for ready to use foliar fertilizers, ready to use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting soils, the minimum percentages which may be guaranteed are as follows:

| Element | Percentage | | --- | --- | | Calcium (Ca) | 1.00 | | Magnesium (Mg) | 0.50 | | Sulfur (S) | 1.00 | | Boron (B) | 0.02 | | Chlorine (Cl) | 0.10 | | Cobalt (Co) | 0.0005 | | Copper (Cu) | 0.05 | | Iron (Fe) | 0.10 | | Manganese (Mn) | 0.05 | | Molybdenum (Mo) | 0.0005 | | Nickel (Ni) | 0.0010 | | Sodium (Na) | 0.10 | | Zinc (Zn) | 0.05 |

Guarantees or claims for the above listed plant nutrients are the only ones which will be accepted. Labels and directions for the use of the fertilizer shall be furnished with the application for license and upon request. Any of the above listed elements which are guaranteed shall appear in the order listed immediately following guarantees for the primary nutrients of nitrogen, phosphate and potash. Warning or caution statements are required on the label for any product which contains 0.03 percent or more of boron in a water soluble form or 0.001 percent or more of molybdenum. In the case of such boron content, the warning or caution statement shall be conspicuously displayed, shall state the crop or crops for which the fertilizer is to be used, and state that the use of the fertilizer on any other than those recommended may result in serious injury to said crop; in the case of such molybdenum content, the warning or caution statement shall be conspicuously displayed, shall state the crop or crops for which the fertilizer is to be used, shall state that the use of the fertilizer on any other than those recommended may result in serious injury to said crop and further state that the application of fertilizers containing molybdenum may result in forage crops containing levels of molybdenum which are toxic to ruminant animals. No claims or guarantees shall be made for any commercial fertilizer except for the elements set forth above.

(b) When any plant nutrient guaranteed is broken down into the component forms, the percentage for each component shall be shown before the name of the form, for example, “4% Nitrate Nitrogen”.

1 CRR-NY 153.3 Specialty fertilizer label requirements {#sec-1-crr-ny-153.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 153.3}

In addition to the label requirements of section 145 of the law, the label of any specialty fertilizer shall conform to the following:

(a) No specialty fertilizer bearing a label which indicates or implies the presence of a long lasting or slowly available plant nutrient shall be distributed in this State unless the nutrient source or sources are identified.

(b) No specialty fertilizer bearing a label which indicates or implies that the nitrogen contained therein is long lasting or slowly available shall be distributed in this State unless the percentage of water insoluble nitrogen contained therein is expressed and guaranteed, and is not less than 15 percent of the total nitrogen guaranteed.

(c) No specialty fertilizer bearing a label which indicates or implies organic nitrogen content shall be distributed in this State unless at least 60 percent of the guaranteed organic nitrogen contained therein is water insoluble nitrogen.

1 CRR-NY 153.4 Licensing period {#sec-1-crr-ny-153.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 153.4}

The annual licensing period as provided for by section 146 of the law shall be the calendar year. All licenses issued during each license period shall expire on December 31 of that year.

1 CRR-NY 153.5 Method of sampling and analysis {#sec-1-crr-ny-153.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 153.5}

Any sampling and analysis as provided for by the law shall be in accordance with methods of sampling and analysis generally accepted in the scientific community. The methods of sampling and analysis set forth in the Official Method of Analysis of the Association of Official Analytical Chemists, 11th Edition, 1970,1 and as such methods may hereafter be revised, shall be prima facie evidence of such generally accepted standards.

1 CRR-NY 153.6 Analytical tolerances {#sec-1-crr-ny-153.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 153.6}

(a) Any commercial fertilizer shall be deemed deficient if the analysis of any primary nutrient is below the guarantee by an amount exceeding the values in the following schedule:

| Guarantee percent | Nitrogen percent | Available phosphoric acid percent | Potash percent | | --- | --- | --- | --- | | 4 or less | 0.49 | 0.67 | 0.41 | | 5 | 0.51 | 0.67 | 0.43 | | 6 | 0.52 | 0.67 | 0.47 | | 7 | 0.54 | 0.68 | 0.53 | | 8 | 0.55 | 0.68 | 0.60 | | 9 | 0.57 | 0.68 | 0.65 | | 10 | 0.58 | 0.69 | 0.70 | | 12 | 0.61 | 0.69 | 0.79 | | 14 | 0.63 | 0.70 | 0.87 | | 16 | 0.67 | 0.70 | 0.94 | | 18 | 0.70 | 0.71 | 1.01 | | 20 | 0.73 | 0.72 | 1.08 | | 22 | 0.75 | 0.72 | 1.15 | | 24 | 0.78 | 0.73 | 1.21 | | 26 | 0.81 | 0.73 | 1.27 | | 28 | 0.83 | 0.74 | 1.33 | | 30 | 0.86 | 0.75 | 1.39 | | 32 or more | 0.88 | 0.76 | 1.44 |

For guarantees not listed, the appropriate values shall be calculated by interpolation.

(b) Any commercial fertilizer shall be deemed deficient if the analysis of any secondary or minor elements is below the guarantee by an amount exceeding the values in the following schedule:

| Element | Allowable deficiency | | | --- | --- | --- | | Calcium | 0.2 | unit + 5% of guarantee | | Magnesium | 0.2 | ″ + 5% ″ ″ | | Sulfur | 0.2 | ″ + 5% ″ ″ | | Boron | 0.003 | ″ + 15% ″ ″ | | Cobalt | 0.0001 | ″ + 30% ″ ″ | | Molybdenum | 0.0001 | ″ + 30% ″ ″ | | Chlorine | 0.005 | ″ + 10% ″ ″ | | Copper | 0.005 | ″ + 10% ″ ″ | | Iron | 0.005 | ″ + 10% ″ ″ | | Manganese | 0.005 | ″ + 10% ″ ″ | | Sodium | 0.005 | ″ + 10% ″ ″ | | Zinc | 0.005 | ″ + 10% ″ ″ |

The maximum allowance when calculated in accordance with the above values shall be one unit (1%).

1 CRR-NY 153.7 Tonnage reports {#sec-1-crr-ny-153.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 153.7}

In accord with section 146-c of the law, each licensee who distributes commercial fertilizer in this State shall furnish the commissioner with a written report for the period January 1st through December 31st of each year indicating the tonnage distributed during that period on forms or in a format prescribed by the commissioner. Said report shall be filed within 30 days of the end of the reporting period.

Part 154 AMMONIUM NITRATE SECURITY

1 CRR-NY 154.1 Definitions {#sec-1-crr-ny-154.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 154.1}

For the purposes of this Part the following terms shall have the following meanings:

(a) Ammonium nitrate means chiefly the ammonium salt of nitric acid. It shall not contain less than 33 percent nitrogen, one-half of which is the ammonium form and one-half of which is the nitrate form.

(b) Regulated ammonium nitrate materials shall mean fertilizer product in solid form, comprising a mixture of components, one of which is ammonium nitrate, in circumstances where the nitrogen content derived from ammonium nitrate is more than 28 percent of the material by weight.

(c) Ammonium nitrate retailer means any person or entity in this State that sells, offers for sale, or otherwise makes available, ammonium nitrate or regulated ammonium nitrate materials.

1 CRR-NY 154.2 Registration {#sec-1-crr-ny-154.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 154.2}

(a) No person or entity in this State shall sell, offer for sale or otherwise make available ammonium nitrate or ammonium nitrate materials unless registered annually with the commissioner. Application for registration shall be made by completing and submitting the following form to the commissioner, together with an annual registration fee of $50, provided, however, that retailers who pay fees under this article shall be exempt from such fee:

(b) Every person or entity selling, offering for sale or otherwise making available ammonium nitrate or ammonium nitrate materials shall post and display at all times their registration certificate in a conspicuous place in the room where such business is carried on so that all persons visiting such place may readily see the same.

1 CRR-NY 154.3 Security measures {#sec-1-crr-ny-154.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 154.3}

Ammonium nitrate and regulated ammonium nitrate materials, while at all facilities whose owners and/or operators are required to be registered, shall be secured to provide reasonable protection against vandalism, theft or other unauthorized access. Such measures shall include, but not be limited to, ensuring that storage facilities are fenced or otherwise enclosed and locked when unattended and are inspected daily for signs of attempted entry, vandalism and structural integrity. An ongoing process of inventory control for ammonium nitrate and regulated ammonium nitrate materials stored at the facility shall be established and maintained.

1 CRR-NY 154.4 Records {#sec-1-crr-ny-154.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 154.4}

(a) Persons and entities required to be registered shall make and maintain, for a minimum of two years, a record in the following format for every sale of ammonium nitrate and regulated ammonium nitrate materials:

(b) Forms of identification.

Acceptable forms of identification are a valid driver's license or non-driver identification card issued by the New York State Commissioner of Motor Vehicles, the Federal government, a state government, commonwealth, possession or territory of the United States or a provincial government of Canada; a valid passport of the United States or any other country; or valid United States military identification.

(c) Access to records.

Persons and entities selling ammonium nitrate and regulated ammonium nitrate materials shall provide officers and employees of the New York State Department of Agriculture and Markets and the New York State Office of Homeland Security with access to records of such sales.

1 CRR-NY 154.5 to 154.8 to 154.8 [Repealed] {#sec-1-crr-ny-154.5-to-154.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 154.5 to 154.8}

1 CRR-NY 154.9 [Repealed] {#sec-1-crr-ny-154.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 154.9}

1 CRR-NY 154.10 [Repealed] {#sec-1-crr-ny-154.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 154.10}

Subchapter E AGRICULTURAL LIMING MATERIALS (AGRICULTURE AND MARKETS LAW, ART. 9-A)

Part 158 AGRICULTURAL LIMING MATERIALS

1 CRR-NY 158.1 Methods of determining total neutralizing value {#sec-1-crr-ny-158.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 158.1}

(a) The total neutralizing value of agricultural liming materials, which is the neutralizing value of such materials expressed as calcium carbonate equivalence, shall be determined according to procedures 1.004, 1.005 and 1.006 of the Official Methods of Analysis of the Association of Official Agricultural Chemists, 9th Edition, 1960, pages one and two.

(b)

(1) The calcium carbonate equivalence of agricultural liming materials derived from magnesium sources shall be determined in accordance to procedure 1.007 (for magnesic limestone) and procedures 1.018, 1.019 and 1.020 (for calcium silicate slags) of the Official Methods of Analysis of the Association of [Official] Agricultural Chemists,9th Edition, pages two, four and five.

(2) The calcium carbonate equivalence of agricultural liming materials derived from magnesium sources also may be determined according to procedures of the Association of Official Agricultural Chemists, as outlined in Journals of the Association of Official Agricultural Chemists, as follows:

(i) Volume 45 (1), page 200, February, 1962;

(ii) Volume 46 (1), page 96, February, 1963; and

(iii) Volume 46 (4), pages 611 to 616, August, 1963.

1 CRR-NY 158.2 Methods of determining fineness {#sec-1-crr-ny-158.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 158.2}

The fineness of agricultural liming materials shall be determined according to procedure 1.002 of the Official Methods of Analysis of the Association of Official Agricultural Chemists, 9th Edition, 1960, page one, or according to procedures of the American Society for Testing and Materials.

1 CRR-NY 158.3 Sieves {#sec-1-crr-ny-158.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 158.3}

Fineness shall be measured in reference to a 20-mesh and 100-mesh sieve only. The sieves used shall be full height, eight-inch diameter, of the United States standard sieve series; so-called Tyler sieves, as adopted by the American Society for Testing and Materials (see A.S.T.M. Designation: E-11-61), the National Bureau of Standards and the Association of Official Agricultural Chemists.

1 CRR-NY 158.4 Sampling {#sec-1-crr-ny-158.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 158.4}

The sampling of agricultural liming materials shall be done according to procedure 1.001 of the Official Methods of Analysis of the Association of Official Agricultural Chemists, 9th Edition, 1960, page one.

Subchapter F INDUSTRIAL HEMP

Part 159 LICENSE TO GROW AND RESEARCH HEMP

1 CRR-NY 159.1 Applicability {#sec-1-crr-ny-159.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.1}

The provisions of this Part shall apply to all growers of hemp in the State, regardless of whether such hemp is sold or distributed in the State.

1 CRR-NY 159.2 Definitions {#sec-1-crr-ny-159.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.2}

For the purpose of this Part, the following terms shall have the following meanings:

(a) Acceptable hemp THC level means when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3 percent or less.

(b) Cannabis means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa L. is a species, and Cannabis indica and Cannabis ruderalis are subspecies.

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

(d) Conviction means any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. For purposes of this Part, a conviction is expunged when the conviction is removed from the individual's criminal history record and there are no legal disabilities or restrictions associated with the expunged conviction, other than the fact that the conviction may be used for sentencing purposes for subsequent convictions. In addition, where an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently dismissed, the individual is no longer considered to have a conviction for purposes of this Part.

(e) Corrective action plan means a plan established or approved by the department under this Part for a licensed hemp grower to correct a negligent violation or non-compliance with this Part.

(f) Criminal history report means the Federal Bureau of Investigation Identity History Summary.

(g) Culpable mental state greater than negligence means to act intentionally, knowingly, willfully, or recklessly.

(h) Decarboxylated means the completion of the chemical reaction that converts THC-acid (THCA) into delta-9 tetrahydrocannabinol, the intoxicating component of cannabis. The decarboxylated value is also calculated using a molecular mass conversion ratio that sums delta-9-THC and 87.7 percent of THCA ([delta-9THC] + [0.877 * THCA]).

(i) Decarboxylation means the removal or elimination of a carboxyl group from a molecule or organic compound.

(j) Delta-9 tetrahydrocannabinol Delta-9 THC or THC means the primary psychoactive cannabinoid of cannabis.

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

(l) Dispose and any variant thereof, means any activity that transitions the non-compliant product into a non-retrievable or non-ingestible form. Such activities include plowing, tilling, or discing plant material into soil; mulching, composting, chipping, or brush mowing plant material into green manure; burning plant material into the earth and covering it with soil; or as otherwise authorized in this Part or in writing by the department.

(m) Drug Enforcement Administration or DEA means the United States Federal Law Enforcement Agency under the United States Department of Justice.

(n) Drug Enforcement Administration registered reverse distributor means a person who is registered with the DEA in accordance with title 21 Code of Federal Regulations subpart 1317.15 to dispose of marijuana under the Controlled Substances Act.

(o) Dry weight basis means the method of determining the percentage of a chemical in a substance after removing the moisture from the substance.

(p) Dwelling means any residential building or portion thereof intended for human habitation.

(q) Farm Service Agency or FSA means the Farm Service Agency of the United States Department of Agriculture.

(r) Gas chromatography or GC means a type of chromatography in analytical chemistry used to separate, identify, and quantify each component in a mixture. GC relies on heat for separating and analyzing compounds that can be vaporized without decomposition.

(s) Geospatial location or GPS means a location designated through a global system of navigation satellites used to determine the precise ground position of a place or object.

(t) Grower means a person who is licensed by the department to grow or cultivate hemp in the State.

(u) Grow location means a contiguous land area or the greenhouses, hoop houses, or buildings for indoor cultivation, registered with the department, on or in which a licensee or applicant will conduct licensed hemp cultivation activities. Each non-contiguous grow location must be registered separately.

(v) Handle means to harvest, dry, or store hemp plants or hemp plant parts prior to their introduction into commerce. Handling includes the processing of hemp only in connection with its growing and cultivation, the disposal of cannabis plants that fall outside the definition of hemp, and the remediation of hemp as permitted pursuant to this Part.

(w) Hemp means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(x) Liquid chromatography or LC means a type of chromatography technique in analytical chemistry used to separate, identify, and quantify each component in a mixture. LC relies on pumps to pass a pressurized liquid solvent containing the sample mixture through a column filled with a solid adsorbent material to separate and analyze compounds.

(y) Key participants means a sole proprietor, a partner in partnership, or a person with executive managerial control in a business or educational entity. A person with executive managerial control includes, without limitation, persons such as a chief executive officer, chief operating officer and chief financial officer. This definition does not include non-executive managers such as farm, field, or shift managers.

(z) Law enforcement agency means any Federal, State, or local law enforcement agency.

(aa) Lot means a contiguous area in a field, sub-field, tract, greenhouse, or indoor growing structure containing the same variety or strain of hemp throughout the area.

(ab) Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. The term marijuana does not include hemp, as defined in this Part, and does not include the mature stalks of Cannabis sativa L., fiber produced from its stalks, oil or cake made from its seeds and any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), its fiber, oil, cake, or sterilized seed incapable of germination. Except as otherwise provided by this Part, marijuana means all cannabis that tests as having a total THC concentration level of higher than 0.3 percent on a dry weight basis.

(ac) Measurement of uncertainty (MU) means the parameter, associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the quantity subject to measurement.

(ad) Negligence means the failure to exercise the level of care that a reasonably prudent person would exercise in complying with the provisions of this Part.

(ae) Percentage of THC on a dry weight basis means the percentage of THC, by weight, in a hemp plant, the segregated parts of a hemp plant or the comingled parts of harvested hemp plants, after excluding moisture from the plant matter.

(af) Performance-based sampling means a sampling approach that sets a performance objective of collecting enough samples to ensure, at a confidence level of 95 percent, that no more than one percent of the plants in the lot exceed the acceptable hemp THC level. Performance-based sampling provides flexibility in the sampling approach to the extent that the approach provides an effective method of ensuring the overall acceptable hemp THC level. Performance-based sampling may be based on, among other things, the end-use categories of the plant varieties, such as fiber or grain, historical THC concentrations of varietals over time, or the characteristics and growing histories of certain farms or producers, certified seed, or clonal varieties, some or all of which may ensure effective criteria to ensure overall acceptable hemp THC levels and require less comprehensive sampling of hemp.

(ag) Person means an individual, partnership, corporation, limited liability company, association, or any business entity or institution of higher education, by whatever name designated and however formed or organized.

(ah) Post-decarboxylation means, in the context of testing methodologies for THC concentration levels in hemp, a value determined after the process of decarboxylation that determines the total potential delta-9 THC content derived from the sum of the THC and THCA content, and reported on a dry weight basis. The post-decarboxylation value of THC may be calculated by using a chromatograph technique using heat, gas chromatography, through which THCA is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a given sample. The post-decarboxylation value of THC can also be calculated by using a liquid chromatography technique, which keeps the THCA intact, and requires a conversion calculation of that THCA to calculate total potential THC in a given sample.

(ai) Processing of hemp in connection with its growing and cultivation means the growing, cultivation, harvesting, drying, curing, grinding, and trimming of hemp plants. Processing of hemp includes the remediation of hemp in conformity with the requirements of this Part.

(aj) Produce or production means to grow hemp plants for market, or for cultivation for market in the State or the United States.

(ak) Remediation means the process of rendering non-compliant hemp being cultivated by a licensed hemp grower to compliant hemp as set forth in this Part. For example, remediation can be achieved by separating and destroying non-compliant flowers while retaining stalks, leaves and seeds; or by shredding the entire hemp plant to create a homogeneous “biomass”. Remediated hemp must be retested for THC compliance.

(al) Registered premises means any facility, location, or property leased, licensed, owned, or otherwise used by a person to grow hemp that has been authorized by the department as a site where hemp may be grown.

(am) Sampling means the process of collecting cuttings from hemp plants for the purposes of compliance testing.

(an) Sampling agent means a person trained and certified by the department on applicable state and United States Department of Agriculture (USDA) procedures to collect regulatory sample of hemp for THC compliance testing.

(ao) State means the State of New York.

(ap) Total THC means the value determined after the process of decarboxylation, or the application of a conversion factor, as set forth in this Part, if the testing does not include decarboxylation that expresses the potential total delta-9 THC content derived from the sum of the THC and THCA content and reported on a dry weight basis.

(aq) Valid license means a duly issued license that is unexpired, unsuspended, and unrevoked.

1 CRR-NY 159.3 Licenses {#sec-1-crr-ny-159.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.3}

(a) No person shall grow, cultivate, or handle hemp in this State without obtaining either a valid commercial or research license issued by the department pursuant to this Part.

(1) A commercial hemp license authorizes the growth, cultivation, and handling of hemp plants in the State for commercial sale.

(2) A research hemp grower license authorizes the growth, cultivation, and handling of hemp plants for scientific, academic, or commercial research purposes, but does not authorize the grower to grow, cultivate or handle hemp for commercial sale.

(b) Licenses issued by the department are valid for a period of three years, with the term beginning on the date of issue shown on the license.

(c) Licenses issued under this Part authorize the licensee only to grow, cultivate and handle hemp on property owned or leased by the applicant, listed on the applicant’s application for a license or license amendment application, and approved by the department. A department license does not authorize non-cultivation related activities involving hemp for which other state hemp licenses, authorizations and/or permits may be issued.

(d) Licenses may not be sold, assigned, transferred, pledged, or otherwise disposed of, alienated, or encumbered.

1 CRR-NY 159.4 License applications {#sec-1-crr-ny-159.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.4}

(a) An applicant for a State issued license to grow hemp shall apply upon a form prepared by the department, which application shall require, at a minimum, the following information:

(1) for individual applicants, the applicant’s full name, address, telephone number, and email address (if available);

(2) for business entities, the entity’s complete legal name and trade name, if any; its principal business address, the full name and title of key participants, their respective email addresses (if available) and the entity’s employer identification number (EIN);

(3) a legal description of the land on which the hemp will be grown, cultivated, or handled, including, the acreage for outdoor growing locations, the square footage for indoor growing locations, and the geospatial location for each proposed growing and handling site;

(4) a current criminal history report for all key participants issued no more than 60 days prior to submission of the application to grow hemp; and

(5) information sufficient to demonstrate that the applicant has or will have adequate facilities and security to undertake the growth, cultivation, and handling of hemp and to comply with applicable State law, rules and regulations relating to the growth, cultivation, and handling of hemp.

(b) Applications shall not be processed by the department unless fully completed and all required information is provided. The department shall return all incomplete applications to the applicant unless the department, in its sole discretion, determines that it is more expedient to request the applicant to provide any missing information.

(c) License applications shall be signed by the applicant, if a natural person; by a managing member, if a limited liability company; by an officer, if a corporation; or by its partners or a partner authorized to sign on behalf of the partnership, if a partnership.

(d) All persons signing an application shall be required to verify the truth of the information submitted under the penalty of perjury.

(e) Any person who materially falsifies any information contained in an application for a license and/or provides material information known by the provider to be false or misleading shall be ineligible to be licensed.

(f) An application for a commercial hemp license shall be accompanied by a non-refundable license application fee of $500 payable by check, draft or other form of payment authorized by the department. Sampling and testing fees, if undertaken by the department, shall be assessed separately as provided in this Part.

(g) An application for a research hemp grower license shall be accompanied by a non-refundable license application fee of $500. Fees for sampling and testing, if undertaken by the department, shall be assessed separately as provided in this Part.

1 CRR-NY 159.5 Licensing conditions {#sec-1-crr-ny-159.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.5}

(a) Zoning requirements.

It is the responsibility of the applicant to ensure that their proposed growing location(s) are compliant with local zoning requirements.

(b) Site requirements.

(1) The growing of hemp in an area zoned as residential or in a residential dwelling is not permitted.

(2) The department reserves the right to make determinations regarding the appropriateness of proposed growing, processing, and/or storage locations.

(3) The applicant must have control over the proposed locations through ownership or lease agreements.

(c) Facility requirements.

The applicant must have adequate facilities, equipment, process controls, testing capability, and security to grow, cultivate, and process hemp in connection with its growing and cultivation or to sell hemp plants or hemp seed.

1 CRR-NY 159.6 License term, form, and amendment {#sec-1-crr-ny-159.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.6}

(a) The department shall issue commercial and research licenses.

(1) All growers seeking a license to grow hemp for commercial sale or distribution shall apply for a commercial license.

(2) All growers seeking to engage in hemp research, and that will not offer hemp for commercial sale or distribution, may seek a research license.

(3) Unless a person is eligible for and obtains a license from the department, such person shall not grow, cultivate, or handle hemp.

(b) The effective date of the license shall commence on the date of issuance set forth on the license.

(c) Licenses shall be issued on a form prepared by the department, containing, among other things, the name of the grower, the grower’s principal place of business, a unique license number, and the license’s date of issuance and expiration.

(d) Amendment of a license is required if there is any change to the information submitted in the license application, including, among other things: the sale of a business, the growing or handling of hemp in a new location, the cessation of growing or handling of hemp at an authorized location, and/or the addition or removal key participants of the licensee.

(1) An application for an amendment of a license shall be made on a form prepared by the department, shall provide all the requested information, and be submitted to the department together with a non-refundable $100 amendment application fee.

(2) An incomplete amendment application shall not be processed and will be returned to the applicant, unless the department, in its sole discretion, determines it more expedient to request the information from the applicant.

(3) The same procedures applicable to a license application shall apply to an application for an amendment.

1 CRR-NY 159.7 License renewal {#sec-1-crr-ny-159.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.7}

(a) An application for the renewal of a license shall be provided by the department to the licensee at least 90 days prior to the expiration of the licensee’s current license, and must be completed and submitted to the department by the license holder at least 30 days before the expiration of the applicant’s current license, accompanied by an application and administration fee of $500.

(b) An application for a renewal shall be subject to the same terms, information, collection requirements, and approval criteria under sections 159.4 and 159.5 of this Part. However, notwithstanding the above, no renewal license shall be issued to an applicant that does not hold a valid license at the time of the submission of an application.

1 CRR-NY 159.8 Granting, denying, and revoking licenses {#sec-1-crr-ny-159.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.8}

(a) The commissioner may decline to grant an application for a license, may decline to renew or may revoke, suspend and/or impose conditions thereon, if he or she finds, after due notice and an opportunity to be heard, that the applicant or licensee:

(1) is not qualified to properly conduct the business of growing hemp; or

(2) has committed any acts injurious to the public health or welfare that are related to an issued grower license; or

(3) is found to be growing cannabis exceeding the acceptable hemp THC level with a culpable mental state greater than negligence; or

(4) has been found to have been negligently violating the provisions of this Part three times within a five-year period; or

(5) does not have adequate facilities, equipment, or security to cultivate or handle hemp; or

(6) has failed to prepare or keep required records, after notice and failure to cure; or

(7) has failed to submit all reports required to be submitted by a licensee, after notice and failure to cure; or

(8) has made a material misstatement in the application for license or in any statement or record made or furnished to the department; or

(9) the applicant or any of an applicant’s key participants have been convicted of a felony under State or Federal law relating to a controlled substance, and the denial of such license is permissible under the State law, or if the applicant or any of the applicant’s key participants have been convicted under State or Federal law relating to a controlled substance within the past 10 years, except for those persons lawfully growing hemp under the 2014 farm bill research program before December 20, 2018, and whose conviction occurred before December 20, 2018; or

(10) if a corporation, limited liability company, or partnership, has a person therein, who is a key participant who was responsible, in whole or in part, for any act for which a license may be denied, not renewed, or revoked; or

(11) is not capable of complying, or has failed to comply, with the requirements set forth in this Part or is otherwise incapable, or has failed to comply, with other legal requirements related, directly or indirectly, to the growing of hemp; or

(12) has grown or handled hemp outside the authorization granted by its license or has engaged in processing other than processing in connection with the growth and cultivation of hemp, retail sale or other hemp related activity without a required license; or

(13) is seeking authorization for a person whose license has been suspended, revoked, or who is otherwise ineligible to be licensed as a grower; or

(14) is seeking authorization to grow hemp on land that is currently an authorized growing location for another licensee.

1 CRR-NY 159.9 Grower inspection {#sec-1-crr-ny-159.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.9}

(a) The department shall conduct, at a minimum, annual inspections of a random group of growers to ascertain whether, among other things, the grower’s hemp is produced in conformity with State law and this Part, and whether required reports, records and documentation are properly maintained for accuracy and completeness.

(b) The department, in its discretion, may conduct inspections of a random sampling of growers, performance-based inspections, or employ a combination of some or all such inspection approaches.

(c) The department’s inspections may include site visits to the farms, fields, greenhouses, storage facilities, or other locations related to the grower’s operation and the review of records and documentation and may include and cover, among other things, the grower’s operational procedures, regulatory compliance, documentation, recordkeeping and reporting.

(d) The grower shall provide the department with complete and unrestricted access to the premises where hemp is cultivated and stored and where the hemp cultivation business operates, as well as unrestricted access to the books and records of the grower relating to the cultivation of hemp.

1 CRR-NY 159.10 Sampling for acceptable hemp THC levels {#sec-1-crr-ny-159.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.10}

(a) Sampling of growers/sampling agents.

(1) As currently authorized under Federal law as an acceptable testing methodology for commercial growers, the department or sampling agents certified by the department, shall collect samples from all lots of the unharvested hemp plants of all growers to test for acceptable hemp THC levels within 30 days of the proposed harvest date (pre-harvest sampling).

(2) Should the department receive approval from the USDA to undertake performance-based sampling of growers which would eliminate the requirement to test all lots of all growers, the department will seek to amend its grower sampling methodology to provide for performance-based sampling, where appropriate.

(3) Growers of hemp for research and research institutions may, with the written approval of the department, adopt and carry out performance-based sampling.

(4) Sampling for regulatory testing for acceptable hemp THC levels shall be conducted either by department inspectors or sampling agents approved by the department.

(5) Sampling agents shall be trained and certified by the department.

(6) An applicant for State certification to sample hemp shall apply upon a form prepared by the department, which application shall require a current criminal history report issued no more than 60 days prior to submission of the application to sample hemp.

(7) The department shall maintain and post a list of certified sampling agents on its website.

(8) Should the department be required to provide sampling services, the grower shall pay a sampling fee equal to the actual cost of procuring the sample, mailing, or delivering the sample to the lab, and performing the laboratory analysis for each lot sampled by the department.

(9) The cost of sampling by a department-certified sampler will be determined by agreement between the sampling agent and the grower.

(b) Procedures for obtaining pre-harvest regulatory sampling.

(1) The grower, using the department’s pre-harvest report form, shall notify the department of the anticipated date for the harvest of its hemp crop and the number of lots to be harvested. The pre-harvest report form shall be delivered to department so that it arrives no less than 30 days before the anticipated harvest date.

(2) The grower shall notify the department in writing of any anticipated delay to the proposed date of harvest, which shall extend the time to complete the regulatory sampling by the number of days of the commencement of the harvest is delayed. If the harvest is delayed beyond 30 days after a sample has been taken, a new sample must be taken and tested prior to harvest.

(3) Pre-harvest sampling shall only be conducted by the department or a department-certified sampling agent. Plant material sampling by the grower or the grower’s agent does not satisfy pre-harvest regulatory testing requirements and the plant material generated by the grower’s sampling shall not be used for the department’s regulatory testing sampling.

(4) The grower shall not harvest its hemp until a department inspector, or a department-certified sampling agent, has completed the pre-harvest sampling of the grower’s hemp or until the grower has received written approval to harvest from the department.

(5) Harvested hemp shall remain in the possession and control of the grower and not sold unless the testing required by this Part demonstrates that the lot of harvested hemp meets the acceptable hemp THC level and, accordingly, may enter the stream of commerce.

(c) Sampling of the hemp crop.

(1) The department and the sampling agents shall be provided with complete and unrestricted access to the grower’s premises during business hours, to all hemp and other hemp plants and plant parts, whether growing or harvested, and all land, buildings and other structures used for the cultivation, handling, and storage of all hemp and cannabis and all locations listed in the grower’s license.

(2) If requested by the department, the grower shall provide an authorized representative of the grower to be present for the scheduled sampling.

(3) The department’s inspectors or department-certified sampling agents shall sample the parts of unharvested hemp plants using a sampling method that is sufficient, at a confidence level of 95 percent, to conclude that no more than one percent of the plants in the lot exceed the acceptable hemp THC level or such other sampling method that the department believes appropriate to ensure that the hemp produced by the grower does not exceed the acceptable hemp THC level.

(4) The department or department-certified sampling agents shall sample hemp grown using a sampling protocol published by the department and posted on the department website.

(5) The sampling protocol may be amended from time to time, at the department’s discretion, provided that the amended protocol is posted on the department’s website, and shall go into effect for the following year’s growing season.

(6) Samples of the cultivated hemp for the department’s regulatory testing shall be obtained from the flowering tops of plants when flowering tops are present and shall be approximately five to eight inches in length from the “main stem” (including the leaves and flowers), “terminal bud” (that occurs at the end of a stem), or “central cola” (cut stem that could develop into a bud) of the flowering top of the plant.

(7) Samples of hemp plant material from one lot shall not be comingled with hemp plant material from other lots.

1 CRR-NY 159.11 Regulatory THC testing {#sec-1-crr-ny-159.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.11}

(a) Testing laboratories.

(1) The department, in its discretion, may conduct its regulatory testing at the department’s food laboratory or may authorize testing for the acceptable hemp THC level to be conducted, at the grower’s expense, at a laboratory approved by the department.

(2) Growers shall be required to pay a fee equal to the actual cost of performing the laboratory analysis for each sample tested by the department for THC.

(3) After December 31, 2022, or a later date established by the USDA, testing for acceptable THC levels of pre-harvest samples shall be conducted only at laboratories registered with the United States Drug Enforcement Administration.

(4) The department shall provide a list of laboratories approved for testing.

(5) Private laboratories performing regulatory testing shall deliver their testing reports to the department, the USDA, and the grower at the same time.

(b) Testing standards.

(1) Analytical testing for detecting the concentration level of THC in the sampled material shall meet the following standards:

(i) laboratory quality assurance must ensure the validity and reliability of test results;

(ii) analytical method selection, validation and verification must ensure that the testing method used is appropriate and that the laboratory can successfully perform the testing; and

(iii) the demonstration of testing validity must ensure consistent accurate analytical performance. Testing method performance specifications must ensure analytical tests are sufficiently sensitive for the purposes of the detectability requirements of this Part.

(2) Analytical testing of samples for THC must use post-decarboxylation or other similarly reliable methods approved by the commissioner. The testing methodology must consider the potential conversion of THCA in hemp into THC, and the test result must measure the total available THC derived from the sum of the THC and the THCA content. Testing methodologies meeting this requirement include, but are not limited to, gas or liquid chromatography with detection.

(3) The total THC concentration level shall be determined and reported on a dry weight basis, unless the department determines that some other method is more appropriate or accurate for the substance tested.

(4) With each test result, a measurement of uncertainty (MU) must be estimated and reported with the test results. Laboratories shall use appropriate, validated methods and procedures for all testing activities and evaluate measurement of uncertainty.

(c) Test results.

(1) Any sample test result exceeding the acceptable hemp THC level shall establish a prima facie case that the lot represented by the sample is not in compliance with this Part.

(2) Lots meeting the acceptable hemp THC level may enter the stream of commerce.

(3) Lots tested and determined to exceed the acceptable hemp THC level may not enter the stream of commerce unless remediated in a manner consistent with section 159.12(b) of this Part. For lots testing above the acceptable hemp THC level and not remediated, the grower shall ensure that the lot is disposed of in a manner consistent with section 159.12(a) of this Part.

(4) Remediated crops must be retested to ensure compliance with the acceptable THC levels. Retested remediated samples that exceed the acceptable hemp THC level must be disposed of in a manner consistent with section 159.12(a) of this Part.

(5) Any grower may request additional testing of the original sample, at the grower’s expense, if the grower has a good faith belief that the original THC concentration level reported in the regulatory testing results is in error.

(d) The department may provide notice of non-compliance to appropriate law enforcement agencies.

1 CRR-NY 159.12 Disposal or remediation of non-compliant hemp {#sec-1-crr-ny-159.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.12}

Commercial lots shall be subject to disposal or remediation when a sample tests over the acceptable hemp THC level based on regulatory sampling.

(a) Disposal.

(1) A grower shall dispose of and document the disposal of non-compliant hemp within five days of the delivery of notice of regulatory testing results finding that a grower’s hemp is non-compliant.

(2) All non-compliant hemp shall be disposed of by one of the following methods:

(i) disposal off site by using a DEA-registered reverse distributor or law enforcement; or

(ii) disposal on site at the farm or hemp production facility using the following methods: plowing under non-complaint plants, composting into green manure for use on the same land, tilling, discing, burial or burning or other disposal methods, approved by the department, and which make the product unusable, non-consumable, non-retrievable and unmarketable.

(3) On site disposal requires that the crop destruction be verified through the use of one of the following methods, which shall be approved by the department in writing, prior to such disposal: in-person verification by a department inspector, the taking of pictures, videos, or other proof of disposal, with the prior written approval of the department.

(4) If the grower requests re-testing at its own expense, the grower shall dispose of and document the disposal of the non-compliant hemp within five days of the delivery of the notice of a final determination that the hemp is non-compliant.

(b) Remediation.

(1) A commercial grower with non-compliant hemp may remediate the non-compliant crop by either:

(i) disposing of flower materials and salvaging the remainder of the plant; or

(ii) blending the entire plant into plant material biomass by chopping or shredding all flowers, buds, trichomes, leaves, stalks, seed, and all plant parts from the non-compliant sampled lot in such a way to create a homogeneous and uniform blend of all plant material of that lot.

(2) All remediated plant material shall be sampled by the department or a department approved sampling agent and tested for the material’s THC levels at the grower’s expense.

(3) Remediated biomass shall be separated from any compliant hemp stored in the area and clearly labeled and demarcated as “hemp for remediation purposes.” All lots subject to remediation shall be stored, labeled, and demarcated apart from each other and from other compliant hemp lots stored or held nearby. Remediated biomass shall not leave the labeled and demarcated area until a test result showing compliance with the acceptable hemp THC level is received or until the biomass is destroyed.

(4) Only successfully remediated plant material may enter the stream of commerce and any non-compliant hemp shall be destroyed as set forth above.

1 CRR-NY 159.13 Recordkeeping {#sec-1-crr-ny-159.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.13}

(a) A licensee shall create, maintain, and make available accurate records, in a form and at a location satisfactory to the commissioner, and which sets forth the following information:

(1) a description of the registered premises where hemp is grown;

(2) the name of the cultivar(s) grown, and the number of plants of each cultivar purchased, acquired, and used, for the applicable growing season;

(3) the amount and acreage of hemp grown during each growing season;

(4) the amount and acreage of hemp disposed of on a yearly basis, including, but not limited to the hemp disposed of pursuant to section 159.12 of this Part; and

(5) the results of all required testing.

(b) The department shall collect and maintain information for each grower licensed or authorized to produce as set forth in section 159.4(a)(i) and (ii) of this Part, as well as the status and number of each grower’s license.

1 CRR-NY 159.14 Reporting requirements {#sec-1-crr-ny-159.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.14}

(a) Reporting to Farm Service Agency.

All growers shall report hemp crop acreage to the Farm Service Agency within 10 days of planting, and shall provide, at minimum, the following information:

(1) street address and geospatial location for each lot or greenhouse where hemp will be produced. If a producer operates in more than one location, or is producing under multiple licenses, production information shall be provided for each location;

(2) acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp; and

(3) State license or authorization identifier in a format prescribed by the USDA.

(b) Planting reports.

For each growing season, and within 10 days of the submission of an FSA-578 form, growers shall submit a planting report, on a form provided by the department, identifying each site on which the grower has planted hemp. If a grower does not plant hemp during a growing season, or one of the approved locations will not be planted in a season, the grower shall also set forth any and all approved sites where hemp will not be planted during that growing season.

(c) Pre-harvest reports.

For each growing season, a grower shall submit a pre-harvest report, on a form provided by the department. The pre-harvest report shall be submitted to the department in a manner that ensures that the department is provided with at least 30-days prior notice of the date of the intended harvest. The report shall set forth the date(s) of the grower’s intended harvest, the number of lots to be harvested and the acreage of the lots to be harvested. The grower shall notify the department immediately of any changes to the anticipated harvest date.

(d) Post-harvest reports.

A post-harvest report, on a form provided by the department, must be filed with the department within 15-days of the completion of each harvest.

(e) Additional reporting requirements.

Growers shall report to the department information it requests to facilitate regulatory oversight.

1 CRR-NY 159.15 Infractions and violations {#sec-1-crr-ny-159.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.15}

Growers failing to adhere to the requirements set forth in this Part shall be subject to penalties and other enforcement action, including suspension and license termination, depending on the number and extent of the infractions or violations that have occurred. The failure to comply with the Part’s requirements fall into three categories, as follows:

(a) Infractions.

Infractions occur when a grower fails to follow any of the requirements of this Part, and which are not more specifically addressed in subdivisions (b) and (c) of this section.

(1) The department shall advise growers of infractions observed by its inspector by delivery of an inspection report listing the infractions observed or by delivery of a notice of infraction.

(2) The department shall establish a date by which the infraction shall be corrected.

(3) A grower shall have an opportunity to be heard concerning any noticed infraction with respect to which the department takes enforcement action.

(4) At the department’s discretion, a grower may be required to enter into a compliance agreement to ensure future compliance.

(b) Negligent violations.

Negligent violations occur when a grower fails to exercise the level of care that a reasonably prudent person would exercise in complying with the requirements set forth in this Part.

(1) The following actions fall within the category of negligent violations:

(i) growing and handling of hemp without a valid license; or

(ii) growing and handling hemp at sites and locations not approved under the grower’s license; or

(iii) producing cannabis exceeding the acceptable hemp THC level, provided that the regulatory sample of the cannabis does not have a total THC concentration of more than 1.0 percent on a dry weight basis, and the grower can demonstrate that it has made reasonable efforts to grow compliant hemp; or

(iv) failing to timely dispose or otherwise handle all lots of plants determined to have a more than the accepted hemp THC level in a manner consistent with this Part or the guidance adopted pursuant to this Part; or

(v) harvesting hemp prior to the collection of a regulatory pre-harvest sample by a department inspector or department-certified sampling agent or prior to receiving written approval to harvest from the department; or

(vi) harvesting hemp more than 30 days after the regulatory sampling date; or

(vii) commingling lots of harvested plant material prior to the time that the sampled lots are tested and determined not to exceed the accepted hemp THC level; or

(viii) failing to segregate and store the plant material from each lot subject to regulatory sampling at an approved site or such other location storage or changing its location from the location authorized by the department until regulatory testing results demonstrate that the plant material does not exceed the accepted hemp THC level.

(2) For each negligent violation, the department shall issue a Notice of Violation, advising the grower of the negligent violation and providing a deadline by which the violation shall be corrected.

(3) The issuance of a Notice of Violation may result in an assessment of a penalty or other enforcement action.

(4) A grower may contest the noticed violation within 15 days of the date of the notice, and shall be provided with an opportunity to be heard with respect to the noticed violation.

(5) Corrective action for negligent violations.

(i) Unless the grower contests the violation, within 20 days of the date of the notice, the grower shall submit a corrective action plan for the department’s approval, which, at a minimum, shall include:

(a) a reasonable date by which the negligent violation shall be corrected; and

(b) the actions to be taken by the grower to correct the violation and to ensure future compliance with the requirements that were not met; and

(c) a schedule for the submission of quarterly reports for a period of two years, which reports will advise the department of the grower’s compliance with its corrective action plan.

(ii) The department shall advise the grower whether the proposed plan is approved as submitted or if any changes or additional requirements are needed for an acceptable plan.

(iii) Pursuant to 7 U.S.C. 1639p(e)(2)(C), a grower with an approved plan shall not, as a result of the negligent violation, be subject to any criminal enforcement action by Federal or State government.

(iv) The State may conduct inspections to determine if the corrective action plan has been implemented as submitted.

(v) If a subsequent violation occurs while a corrective action plan is in place, a new corrective action plan must be submitted with a heightened level of quality control, staff training, and quantifiable action measures.

(6) A grower that negligently violates the requirements of this Part three times during a five-year period shall be ineligible to produce hemp for a period of five years beginning as of the date of the third violation.

(c) Culpable violation.

A grower, with a culpable mental state greater than negligence, that:

(1) grows or cultivates hemp with a total THC level in excess of one percent on a dry weight basis;

(2) handles such non-compliant hemp for a purpose other than ensuring its destruction pursuant to the requirements of this Part; and/or

(3) introduces such non-compliant hemp into the stream of commerce, commits a culpable violation under this Part.

(i) When the department has reason to believe that a grower has committed a culpable violation, it shall issue a Notice of Violation, and undertake such other enforcement action it deems appropriate.

(ii) A grower may contest the noticed violation within 15 days of the date of the notice and shall be provided with an opportunity to be heard with respect to the noticed violation.

(iii) If the department determines that a grower has committed a culpable violation, the department shall immediately report the grower to the U.S. Attorney General and the Chief Law Enforcement Officer of the State.

1 CRR-NY 159.16 License suspension {#sec-1-crr-ny-159.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.16}

(a) The department may issue a notice of suspension to a grower if the department or its agents receive credible evidence establishing that a grower has:

(1) engaged in conduct violating a provision of this Part; or

(2) failed to comply with a written direction from the commissioner related to negligent conduct set forth in this Part.

(b) Any grower whose license has been suspended shall not handle or remove hemp from the location where the hemp was located at the time when the department issued its notice of suspension without prior written authorization from the department.

(c) Any grower that has been suspended shall not harvest or otherwise dispose of hemp without prior written authorization from the department.

(d) A grower that has been issued a notice of suspension may continue to cultivate hemp it has planted pending a resolution of the issue giving rise to the suspension.

(e) A grower that has been issued a notice of suspension may seek a review of that suspension within 15 days by application to the commissioner.

(f) A producer whose license has been suspended may be required to complete a corrective action plan to fully restore the license.

1 CRR-NY 159.17 Registrations for hemp seed and plant sales {#sec-1-crr-ny-159.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.17}

(a) Seed sales.

(1) No person shall sell hemp seeds in the State unless registered with the department.

(2) Registrations are obtained by submitting a fully completed application on a form prepared by the department, providing, among other things, the following information:

(i) if the applicant is an individual, the applicant’s full name, address, telephone number and email address (if available). If the applicant is a business entity, the entity’s complete name, its principal business address, the full name and title of key participants, their respective email addresses (if available) and the entity’s employer identification number (EIN); and

(ii) a legal description of the property at which the seed is stored and handled and the geospatial location for each site; and

(iii) a current criminal history report for all key participants and information to evidence that the applicant has or will have adequate facilities, equipment, and security to undertake the storage and sale of hemp seed and to comply with applicable State law.

(3) Upon the submission of a completed registration application, together with a registration fee of $100, the department shall register the applicant, which authorizes the registrant to engage in the sale of hemp seeds in the State for a period of three years with the term beginning on the date of issue shown on the license.

(4) Sale of hemp seed is permitted to only those holding State or Federal licenses authorizing the buyer to grow and cultivate hemp.

(5) Registrants shall maintain a log of all hemp seeds sold for a period of three years, which log shall include the name, address and phone number of each person purchasing the seed, their State or Federal hemp registration or license number, the quantity and variety of the seed purchased, and the date of the purchase.

(6) The department shall have full access to the licensed premises and the property at which the seed is stored and shall have the authority to inspect and audit sales records on a periodic basis.

(7) Upon notice and an opportunity to be heard, the selling of hemp seed to persons not authorized to grow hemp or failure to create and maintain required records may result in the revocation of a registration.

(b) Plant sales.

(1) No person shall sell hemp plants in the State unless such person holds both a hemp grower license under this Part and a nursery grower license pursuant to Agriculture and Markets Law article 14, section 163-b.

(2) Registrations may be obtained by submitting a fully completed application on a form prepared by the department, providing, among other things, the following information:

(i) if the applicant is an individual, the applicant’s full name, address, telephone number and email address (if available). If the applicant is a business entity, the entity’s complete name, its principal business address, the full name and title of key participants, their respective email addresses (if available) and the entity’s employer identification number (EIN); and

(ii) a legal description of the property at which the hemp plants are stored and handled and the geospatial location for each site; and

(iii) a current criminal history report for all key participants and information to evidence that the applicant has or will have adequate facilities, equipment, and security to undertake the storage and sale of hemp plants and to comply with applicable State law.

(3) Upon the submission of a completed application with required application fees, the department shall register the applicant, which authorizes the registrant to engage in the cultivation and sale of hemp plants in the State.

(4) The sale of hemp plants is permitted to only those holding State or Federal licenses authorizing the buyer to grow and cultivate hemp.

(5) Registrants shall maintain a log of all hemp plants sold for a period of three years, which log shall include the name, address and phone number of each person purchasing the plants, their State or Federal registration or license number, the quantity and variety of the seed purchased and the date of the purchase.

(6) The department shall have full access to the licensed premises and the locations where the plants are grown or cultivated during regular business hours and shall have the authority to inspect and audit sales records on a periodic basis.

(7) Upon notice and an opportunity to be heard, the selling of hemp plants to persons not authorized to grow hemp or failure to create and maintain required records may result in the revocation of a registration.

1 CRR-NY 159.18 Aids to enforcement {#sec-1-crr-ny-159.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 159.18}

(a) The commissioner shall have full access to all premises, buildings, factories, farms, where activities regulated by article 29 of the Agriculture and Markets Law are licensed or occur, including vehicles, cars, boats, airplanes, vessels, containers, packages, barrels, boxes, tubs and/or cans for the purpose of enforcing the provisions of this article. The commissioner may, at such locations, examine hemp and hemp products and may open any package and/or container reasonably believed to contain hemp or hemp products, to determine whether it is in violation of article 29 or any rule or regulation of this Part.

(b) The commissioner may seek an inspection warrant when he or she reasonably believes a violation of article 29 or any rule or regulation of this Part has occurred or is occurring and that a licensee or an individual or entity authorized to conduct research pursuant to article 29 has: refused to permit any hemp to be inspected or samples taken therefrom; refused to permit access to any premises or place where licensed activities are conducted; and/or refused to permit access thereto by any inspector of the department and that such inspector has reasonable grounds to believe that such person has any hemp in his or her possession or under his or her control and/or is in violation of article 29 or any rule or regulation of this Part. In such a case, a warrant may be issued in the name of the people, directed to the commissioner, his or her employees, and/or police officers, commanding him, her or them to:

(1) search any place of business, factory, building, premises, farm where licensed activities have occurred and any vehicle, car, boat, airplane, vessel, container, package, barrel, box, tub and/or can, containing, or believed to contain, hemp in the possession or under the control of any person who shall refuse to allow access to such hemp for inspection or sampling;

(2) permit the inspection and sampling of any hemp found in the execution of the warrant, as the officer applying for the inspection warrant shall designate when the same is found, by an inspector or a department official authorized by the commissioner or by the agriculture and markets law; and/or

(3) permit access to any place where access is refused or prevented, and to allow and enable a department inspector or other department official or police officer to conduct an inspection of the place. The officer to whom the warrant is delivered shall make a return in writing of his proceedings thereunto to the court which issued the same.

(c) The commissioner or his/her designee may quarantine hemp when he or she has reason to believe that the hemp does not meet the definition of hemp or if hemp or hemp products is/are maintained, processed, or marketed in violation of or does/do not meet a standard set forth in article 29 or this Part. The quarantine may be put into effect by the issuance of an order directing the owner or custodian of hemp and/or hemp products not to distribute, dispose of, or move that commodity without the written permission of the commissioner. The commissioner may also quarantine hemp or hemp products by placing a tag or other appropriate marking on the hemp or hemp product or adjacent thereto that provides and requires that such product must not be distributed, disposed of, or moved without his or her written permission, or may quarantine a product or effect a stop sale direction by otherwise informing the owner or custodian thereof that such condition must be complied with.

(d) Whenever the commissioner has reason to believe that any hemp is being maintained or distributed in violation of any provision, rule or regulation of article 29 or this Part, the commissioner may issue a stop sale order to the owner or custodian of such suspect lot and enforce the same against such person. Any such order may direct that the hemp or hemp products be removed from distribution and retained at the establishment where the hemp or hemp products is/are located. It shall be a violation of this section for the owner or custodian of any hemp served with or otherwise aware of, and affected by, a stop sale order, to sell barter, give away, use, or otherwise remove such hemp from the place of retention without prior written approval of the commissioner.

(e) The commissioner may seize hemp by taking physical possession of hemp when the commissioner has substantial evidence to believe that the commodity does not meet the definition of hemp or is otherwise in violation of or does not meet a standard set forth in article 29 or this Part.

(f) Subsequent to quarantining, issuing a stop sale order, or seizing hemp or hemp product, as authorized in subdivisions (c), (d) and (e) of this section, the commissioner shall promptly give the owner or custodian thereof notice and an opportunity to be heard to show cause why such hemp or hemp products should not be ordered destroyed. The commissioner shall, thereafter, consider all the relevant evidence and information presented and shall determine whether such hemp should be ordered to be destroyed. The commissioner shall notify the owner and custodian in writing of the specific reason or reasons for the determination. Such determination may be reviewed as provided in article 78 of the Civil Practice Law and Rules.

Chapter IV MARKETS

Subchapter A GRADING OF FARM PRODUCTS (ARTICLE 12-A AGRICULTURE AND MARKETS LAW)

Part 161 NEW YORK STATE GROWN AND CERTIFIED PROGRAM

1 CRR-NY 161.1 Purpose {#sec-1-crr-ny-161.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 161.1}

This Part has been promulgated to allow producers of farm or forest products, grown, harvested, raised and bred in New York and processors and/or manufacturers of farm and forest products manufactured in New York using farm and forest products predominantly grown, harvested or raised in the State by New York State Grown and Certified Program producers, to use the New York State Grown and Certified Seal on labels and labeling associated with such product, provided that, as more specifically set forth in this Part, the producer, processor or manufacturer has:

(a) been verified to grow, harvest, raise, process and/or manufacture the product using good agricultural or handling practices; and/or

(b) operates in an environmentally responsible manner.

1 CRR-NY 161.2 Definitions {#sec-1-crr-ny-161.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 161.2}

For the purpose of this Part, the following terms shall have the following meanings:

(a) Environmentally responsible manner means participation in:

(1) the Agricultural Environmental Management Program, administered by the Department of Agriculture and Markets (AEM Program), with the completion of tier 2 of the program, or higher, within three years of admission into the New York State Grown and Certified Program; or

(2) another program, either identified in this Part or determined by the commissioner to demonstrate environmental responsibility sufficient to qualify for participation in the New York State Grown and Certified Program.

(b) Farm products means agricultural and horticultural products grown and/or produced in New York, including: vegetable and fruit products; grains, livestock and meats; milk, poultry; eggs; nuts; honey; maple tree sap and maple products produced therefrom; as well dairy products that have been processed or manufactured in New York from milk predominantly produced in New York. Except as otherwise provided in this subdivision, a farm product is produced in New York if it is, solely, the product of land or trees located in New York.

(c) Forest products means trees, logs, firewood, lumber, paper and related products that have been produced or processed in New York. A forest product is produced in New York if it:

(1) consists solely of trees, or parts thereof, grown in New York; or

(2) it has been manufactured in New York from trees grown predominantly in New York.

(d) Good agricultural practices (GAP) and good handling practices (GHP) mean the voluntary audit programs bearing those names administered by the United States Department of Agriculture.

(e) GAP or GHP certification means that the processes employed by the producer have been verified under the United States Department of Agriculture’s GAP or GHP Program.

(f) GAP or GHP certified equivalent means a program with annual third-party audits to verify that the participant operates using good agricultural and/or handling practices, which program is either identified in this Part or which has been determined to be a GAP or GHP certified equivalent by the commissioner.

(g) Horticultural products means nursery stock, ornamental shrubs, ornamental trees and flowers.

(h) Seal means the official New York State Grown and Certified seal.

1 CRR-NY 161.3 Qualifications for New York State Grown and Certified producers, processors and manufacturers {#sec-1-crr-ny-161.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 161.3}

(a) New York State Grown and Certified is a voluntary program open to:

(1) producers of farm products;

(2) processors and/or manufacturers of food products manufactured in New York, including wine, spirits, beer and cider, using farm products of New York State Grown and Certified Program producers at levels to be established by the commissioner which in no event shall fall below a preponderance of the product’s ingredients;

(3) producers of forest products and equine stock born and bred in New York;

(4) processors and/or manufacturers of forest products that are processed and manufactured in New York and use forest products from New York State certified producers at levels established by the commissioner which in no event shall fall below a preponderance of the product or the component parts of the product; and/or

(5) processors and/or manufacturers of such other non-food products determined by the commissioner to qualify for the New York State Certified Program, which product is processed or manufactured in New York and uses product from New York State certified producers at levels established by the commissioner which in no event shall fall below a preponderance of the product or the component parts of the product.

(b) Qualifications for the New York State Grown and Certified Program producers, processors and manufactures shall be established by the commissioner and at a minimum require:

(1) for food products:

(i) certification for safe food handling practices, evidenced by:

(a) GAP certification, GHP certification, or a GAP or GHP certified equivalent;

(b) participation in a Safe Quality Food Institute auditing program (SQF), or in an annual safe food handling training program deemed acceptable by the commissioner, or in a modified annual food safety inspection for good manufacturing practices (GMPs) conducted by the department’s Division of Food Safety & Inspection; and/or

(c) such other good food handling practices program deemed acceptable by the commissioner for the particular product category; and/or

(ii) operation in an environmentally responsible manner;

(2) for non-food products: operation in an environmentally responsible manner.

1 CRR-NY 161.4 The New York State Grown and Certified seal {#sec-1-crr-ny-161.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 161.4}

(a) Individuals or entities that grow, produce, raise or harvest farm products in New York and individuals or entities that process or manufacture farm products in New York predominately from farm products grown, produced, raised or harvested in the State may use the New York State Grown and Certified seal (the “seal”) on or upon a label, labeling, package, container, advertisement, or display, in the form set forth below as applicable to the product and under the terms set forth in this Part, provided that the individual or entity has been determined to be qualified to use the seal by the commissioner and has executed a license agreement in the form provided by the commissioner (license).

(b) The seal shall be in the following form:

1 CRR-NY 161.5 Application for participation in the New York State Grown and Certified Program {#sec-1-crr-ny-161.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 161.5}

A producer, processor and/or manufacturer of farm or forest products or a breeder of horses born and bred in New York may apply to the commissioner for permission to place the seal on or upon a label, labeling, package, or container of, or on or upon an advertisement or display promoting, products qualifying for use of the New York State Grown and Certified seal. Such application shall be submitted to the commissioner, upon a form provided by the commissioner, and shall contain the information required by the provisions of this Part as well as any other information that, in the opinion of the commissioner, is necessary for the proper administration of the New York State Grown and Certified Program. Except as provided in section 161.6 of this Part, permission will not be granted unless an application therefor has been made and a trademark licensing agreement, in a form provided by the commissioner has been executed.

1 CRR-NY 161.6 Granting permission to use the New York State Grown and Certified seal; granting applications therefor; revoking permission therefor {#sec-1-crr-ny-161.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 161.6}

The commissioner may grant an application for permission for the seal to be placed on a label or labeling of, or upon an advertisement or display promoting, a qualifying product, after finding the applicant is qualified to participate in this program pursuant to the terms of this Part. The commissioner may decline to grant an application, or may suspend or revoke permission to use the seal, whenever he or she finds, after an opportunity to be heard, that the program participant:

(a) does not or no longer meets the qualifications set forth in section 161.3 of this Part;

(b) has failed or refused to produce any information demanded by the commissioner reasonably related to the administration and enforcement of this Part;

(c) has failed or refused to comply with any applicable provision set forth in this Part or in the trademark licensing agreement; and/or

(d) has, in the commissioner’s opinion, disparaged the seal or engaged in conduct damaging the good will of the seal.

1 CRR-NY 161.7 Conditions of use of the New York State Grown and Certified seal {#sec-1-crr-ny-161.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 161.7}

A producer, processor and/or manufacturer granted permission to use the seal shall:

(a) use it on articles or other publicity materials solely for the purpose of referring to the New York State Grown and Certified Program;

(b) use it to support the New York State Grown and Certified Program and for the purpose of promoting products to their customers and to the general public;

(c) use it only on products for which permission was granted by the commissioner, pursuant to the provisions of this Part;

(d) use it only on high-quality products;

(e) comply with all Federal, State, local and municipal laws and ordinances directly related to products in connection with which the seal is used;

(f) not alter, amend, change, or otherwise distort the seal in any way, except as otherwise and expressly authorized by the commissioner;

(g) not challenge, contest, impair or tend to impair or use it in a way that invalidates or may tend to invalidate any of the department’s rights in the seal;

(h) not use it in any manner likely to confuse, mislead or to deceive the public, or engage in conduct that damages the value or good will of the seal or of the New York State Grown and Certified Program;

(i) not claim or assert any property interest in the seal; and

(j) not to register or file applications to register the seal or a name substantially similar thereto.

Part 162 OFFICIAL STATE BRANDS OR TRADEMARKS

1 CRR-NY 162.1 Seal of Quality label {#sec-1-crr-ny-162.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.1}

(a) The official brand or trademark to be used on labels and on packages and containers to identify New York State farm products and New York State-produced or landed aquatic products shall be the “Seal of Quality”, as more fully described in subdivision (b) of this section. Such design shall be used only upon farm products, either fresh or processed, which meet the specific standards as hereinafter set forth for each farm product packed thereunder.

(b) The official brand or trademark, “Seal of Quality”, shall be in the following form and the text of the specimen here attached.

(c) Presence of non-New York produced components in a farm product.

The presence in a processed farm products of a bulky flavoring ingredient, water, flavor enhancer or agent, color additive, or food additive, or any combination thereof, which was not produced within this State shall not disqualify an otherwise eligible product from inclusion in the Seal of Quality program. For purposes of this section, a bulky flavoring ingredientshall mean a food which has been added to a New York processed farm product to impart a distinctive taste or other characteristic without such product losing its identity as a New York produced farm product, as determined by the commissioner. Flavor enhancers and agents, color additives and food additives shall have the same meaning as those terms are given in sections 70.3(f), 170.3(o) and 170.3(e), respectively, of title 21 of the Code of Federal Regulations, revised as of April 1, 1991, which sections are hereby adopted and incorporated by reference as though fully set forth herein. Copies of such Federal regulations (as published by the United States Government Printing Office, Washington, DC 20402) are maintained at the Department of Agriculture and Markets, Division of Agricultural Protection and Development Services, One Winners Circle, Albany, NY and Department of State, 162 Washington Avenue, Albany, NY 12231, and are available for public inspection or copying during regular business hours.

1 CRR-NY 162.2 Apple standards {#sec-1-crr-ny-162.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.2}

(a) General.

New York State Seal of Quality apples shall be equivalent to or better than the U.S. Fancy Grade.

(b) Definitions.

(1) Fairly uniform—not more than ¼ inch variation in diameter from smallest to largest apples within any package.

(2) Reasonably uniform—not more than ½ inch variation in diameter from smallest to largest apples within any package. In addition, smallest to largest apples for the lot may not vary more than ¾ inches in diameter.

(c) Size.

(1) Apples tray or cell packed shall be fairly uniform.

(2) Apples jumble packed or packed in three pound film bags, shall have a minimum diameter of not less than 2 ½ inches and shall be reasonably uniform.

(d) Tolerances.

In order to allow for variations, incident to proper sizing, not more than 10 percent by count, of packages in any lot may fail to meet these requirements.

(e) Maturity.

Not more than five percent of the apples in any lot may be further advanced in maturity than firm ripe.

(f) Packing.

In addition to packing requirements as set forth in 1 NYCRR Part 185 (Standards for Grades of Apples), apples jumble packed or packed in film bags shall be restricted to the following varieties: Red Delicious, Red Rome, Empire, or Ida Red. All packages are subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(g) Markings.

In addition to the marking requirements as set forth in 1 NYCRR Part 185 (Standards for Grades of Apples), apples packaged and offered for sale under the Seal of Quality program must have affixed the official seal designation.

1 CRR-NY 162.3 Apple juice and cider/fresh apple juice standards {#sec-1-crr-ny-162.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.3}

(a) General.

New York State Seal of Quality apple juice and cider/fresh apple juice shall be derived from apples grown in New York State. Products shall be in compliance with applicable trademark rules and regulations and the following product and processing facility requirements.

(b) Product.

(1) Seal of Quality juice product generally classified as juice shall meet or exceed the minimum requirements for Style 1—Clear—Grade A juice as established by the United States Standards for Grades of Canned Apple Juice except that no concentrates will be allowed.

(2) Seal of Quality cider/fresh apple juice product normally classified as cider shall meet or exceed the minimum requirements for Style 2—Cloudy—Grade A juice as established by the United States Standards for Grades of Canned Apple Juice except the juice need not be processed with the addition of antioxidents or be so processed as to assure preservation of the product or packaged in hermetically sealed containers, further provided, however, that said product is so handled as to insure non-fermented product offering. In addition, no concentrates will be allowed.

(c) Processing facility.

Seal of Quality juice and/or cider processing and packaging is restricted to those plants possessing a current Department of Agriculture and Markets, article 20-C processing license and these plants must maintain a satisfactory inspection record.

(d) Containers and markings.

All packages and labels are subject to approval by the Department of Agriculture and Markets and have affixed the official Seal of Quality designation. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

1 CRR-NY 162.4 Blueberry standards {#sec-1-crr-ny-162.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.4}

(a) General.

These standards apply only to selected and hybrid varieties of the high-bush blueberry (Vaccinium australe Small and Vaccinium corymbosum L.) produced under cultivation, but not to other species of the genus Vaccinium nor to the true huckleberries of the genus Gaylussacia.

(b) Definitions.

(1) Similar varietal characteristics means that the berries are similar in color and shape.

(2) Clean means that the individual berry is practically free from dirt, grass or other foreign material.

(3) Well-colored means that more than one-half of the surface of the individual berry is blue, bluish-purple, purple, or bluish-black.

(4) Overripe means that the individual berry is overmature soft and past commercial utility.

(5) Wet means that the individual berry is wet from juice from crushed, leaking or decayed berries.

(6) Injury means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which more than slightly affects the appearance or the edible or marketing quality of the blueberries. The following specific defects shall be considered as injury:

(i) berries which are not clean;

(ii) clusters when there are three or more joined capstems with at least one berry attached;

(iii) berries with stems attached;

(iv) russeting when readily noticeable;

(v) scales when readily noticeable;

(iv) scars when readily noticeable; and

(vii) berries which are not well colored.

(7) Damage means any specific defect defined in this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially affects the appearance, or the edible or marketing quality of the blueberries. The following specific defects shall be considered as damage:

(i) broken skins when caused by stem cracks, bird tears, water splits, punctures, or mechanical means;

(ii) green berries when one-half or more of the berry is green;

(iii) wet berries;

(iv) shriveled when the skin is wrinkled and the shape of the berry is distorted; and

(v) overripe berries.

(8) Serious damage means any specific defect defined in this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously affects the appearance, or the edible or marketing quality of the blueberries. The following specific defects shall be considered as serious damage:

(i) decay;

(ii) moldy berries;

(iii) mushy berries;

(iv) mummified berries; and

(v) when any insect larva is present or there is other visible evidence of the presence of any insects.

(c) Grade.

New York State Seal of Quality blueberries shall be of similar varietal characteristics which are clean, well colored, not overripe, wet, or affected by decay; provided, that defective berries are within the allowances specified. Count shall not exceed 189 berries per ½ pint.

(d) Size.

The following size classifications may be used in specifying size of blueberries in connection with the grade.

(1) Extra large—Less than 90 berries per standard ½ pint.

(2) Large—90 to 129 berries per standard ½ pint.

(3) Medium—130 to 189 berries per standard ½ pint.

(e) Tolerances.

(1) Defects.

In order to allow for variations incident to proper grading and handling, based on sample inspection, the number of defective specimens in the individual sample, and the number of defective specimens in the lot, shall be within the limitations specified.

| No. of samples | Total berries | Total defects (including serious damage and injury) | Damage (including serious damage) | Serious damage (including decay) | | --- | --- | --- | --- | --- | | 6 | 600 | 56 | 25 | 3 | | 8 | 800 | 73 | 32 | 4 | | 10 | 1,000 | 90 | 39 | 5 | | 12 | 1,200 | 106 | 46 | 6 | | 15 | 1,500 | 130 | 56 | 7 | | 18 | 1,800 | 154 | 66 | 8 | | Total defective berries permitted in individual 100 berry sample | 13 | 7 | 1 | |

(2) Off-size.

In order to allow for variations incident to proper sizing not more than 10 percent of the samples in any lot or one sample, whichever is the greater number, may fail to meet the range in count specified for one of the size classifications or the maximum count specified.

(f) Sampling.

| 100 berry sample | Lot size | | | --- | --- | --- | | 6 | 6–300 | 12–pint flats | | 8 | 301–600 | | | 10 | 601–900 | | | 12 | 901–1,200 | | | 15 | 1,201–1,500 | | | 18 | over 1,500 | |

(g) Packing.

(1) Blueberries shall be packed in new 12-1 pint flats or other new standard packaging subject to approval by the Department of Agriculture and Markets, which should include name and address of grower, packer or shipper and volume. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(2) In addition to the marking requirements mentioned above blueberries packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

(h) Markings.

Containers of blueberries packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.5 Bunched Italian sprouting broccoli standards {#sec-1-crr-ny-162.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.5}

(a) General.

New York State Seal of Quality broccoli shall be bunched stalks of Italian sprouting broccoli. Each bunch shall be clean, fresh, have characteristic color, and be free from decay and free from damage caused by overmaturity, discoloration of bud clusters or leaves, freezing, disease, insects, mechanical or other means. The bud clusters in each bunch shall be compact or fairly compact. Each bunch shall be neatly and fairly evenly cut off at the base and closely trimmed.

(b) Definitions.

(1) Damage means any specific defect described in this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the bunch. The following specific defects shall be considered as damage:

(i) Overmaturity. When the appearance of the bunch is slightly affected by the presence of open flower buds, or buds which are enlarged and on the verge of opening.

(ii) Discoloration of bud clusters. When the appearance of the bunch is materially affected by buds which have a noticeably yellowish, brownish or reddish cast in contrast to the desirable good green color. A bluish or purplish cast over the green is often characteristic of good broccoli and shall not be considered as damage.

(iii) Discoloration of leaves. When the appearance of the bunch is materially affected by discolored leaves or parts of leaves.

(iv) Hollow stems. If the opening extends more than three inches up in the stem or when the opening is more than slightly discolored or watersoaked on any stalk in the bunch.

(v) Blighted buds. When the aggregate affected area of dry, hard and yellowish brown bud clusters exceed a circle one inch in diameter.

(vi) Insects. When more than five live or dead insects are present. When more than one live or dead worm is present. When bunches show evidence of insect or worm feedings exceeding the aggregate area of a circle ⅝ inch in diameter.

(vii) Stem texture. When stems or stalks have a definite woody texture affecting a portion more than one inch in length above the lowest point of trim.

(2) Serious damage means any specific defect described in this section, or an equally objectionable variation of any one of these defects, which seriously detracts from the appearance of the edible or marketing quality of the bunch. The following specific defects shall be considered as serious damage.

(i) Discoloration of bud clusters when the buds have a decidedly yellowish, brownish or reddish cast which seriously detracts from the appearance of the bunch. A bluish or purplish cast over the green is often characteristic of good broccoli and shall not be considered as serious damage.

(ii) Discoloration of leaves when the appearance of the bunch is seriously affected by discolored leaves or parts of the leaves.

(iii) Blighted buds when the aggregate area of the dry, hard and yellowish to brown bud clusters exceeds a circle 1 ½ inches in diameter.

(iv) Insects when more than 10 live or dead insects are present. When more than two live or dead worms are present. When bunches show evidence of insect or worm feedings exceeding the aggregate area of the circle ⅞ inch in diameter.

(v) Stem texture when stems or stalks have a definite woody texture affecting a portion more than three inches in length above the lowest point of trim.

(3) Diameter means the average measurement across the bud clusters at the top of the bunch.

(4) Length means the total length of the bunch measured from the base of the stem to the top of the bud clusters.

(5) Compact means that the individual buds in the bud cluster are generally small and tightly crowded together, and that the bud clusters on the stalk are generally close together and feel fairly firm and moderately resistant to pressure.

(6) Fairly compact means that the individual buds and bud clusters on the stalk are generally close together so that the top of the clusters do not have a ragged appearance or feel very soft.

(7) Closely trimmed means that not more than a total of five percent, by weight, of the bunch consists of attached stems and leaves that are longer than the average length of the bunch, regardless of point of attachment, or loose leaves and stems.

(8) Clean means bunches are practically free from dirt or other foreign matter.

(9) Fresh means broccoli has normal succulence, brightness and firmness.

(10) Characteristic color means stalks shall be green to dark green in color. It must be remembered that some varieties of broccoli often have a purplish to blue color of the bud clusters, this shall be considered characteristic.

(11) Stalk means a portion of the broccoli plant including the stem, bud clusters and leaves.

(12) Bunch means stalks bound together to form a unit. A single stalk may be considered a bunch if it is approximately as large as other bunches in the lot.

(13) Fairly uniform means the diameter of the bunches within the carton do not vary more than three inches. Broccoli is considered to be neatly and fairly evenly cut off at the base, if the butt is smoothly trimmed in a plane approximately parallel to the bottom of the container when standing upright and the butt is not stringy or frayed.

(c) Size.

(1) The diameter of each bunch shall be as follows: bunches packed 14 per carton, not less than six inches; bunches packed 18 per carton, not less than five inches.

(2) The length of each bunch shall be not less than six inches or more than 8½ inches.

(3) Bunches within each carton shall be fairly uniform.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances, determined by count, are provided as specified.

(1) For defects.

Not more than 10 percent of the bunches in any lot may fail to meet the requirements of the specifications, but not more than ½ of this amount, or five percent, shall be allowed for bunches which are seriously damaged, including therein not more than one percent for bunches which are affected by decay.

(2) For size.

Not more than 10 percent of the bunches in any lot may fail to meet the minimum size requirements of the specifications.

(3) For compactness.

Seventy-five percent of the bunches in any lot must be compact, with the remainder fairly compact. Bunches not meeting the requirements of fairly compact shall be considered a defect and scored against the 10 percent tolerance for defects.

(4) Not more than five percent of the cartons in any lot shall fail to meet the requirements of fairly uniform.

(5) Not more than five percent of the cartons in any lot may fail to meet the packing requirements.

(e) Application of tolerances.

The contents of individual cartons in the lot, based on sample inspection, are subject to the following limitations:

(1) For a tolerance of 10 percent or more, individual cartons in any lot may contain not more than 1 ½ times the tolerance specified. Provided, that the average for the entire lot is within the tolerance specified.

(2) For a tolerance of less than 10 percent, individual cartons in any lot may contain not more than double the tolerances specified. Provided, that at least one bunch which does not meet the requirements shall be allowed in any one carton. Provided further, that the averages for the entire lot are within the tolerances specified.

(3) For compactness.

Individual cartons shall contain at least 50 percent compact bunches with the remainder fairly compact (Application of tolerances as set forth in paragraph [1] of this subdivision shall apply to containers with bunches not meeting fairly compact).

(f) Packing.

Waxed cartons shall have 14 or 18 bunches with a minimum of 10 pounds of pack ice. All cartons are subject to approval by the Department of Agriculture and Markets. Carton approval shall be based upon the ability of the carton to maintain the quality standards and integrity of the product.

(g) Markings.

Containers of broccoli packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.6 Cabbage standards {#sec-1-crr-ny-162.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.6}

(a) General.

New York State Seal of Quality cabbage shall be heads of cabbage of one variety or similar varietal characteristics which are firm and not withered, puffy or burst, light green color, except red cabbage, well trimmed and which are free from soft rot, seedstems, worm injury and worms and free from damage caused by discoloration, freezing, disease, insects or mechanical or other means. Stems shall be cut so that they do not extend more than ½ inch beyond the point of attachment of the outermost leaves.

(b) Definitions.

(1) Similar varietal characteristics means that the cabbage in each container shall have the same general characteristics.

(2) Firm means that the heads are closely formed and substantial and yield somewhat to pressure.

(3) Not withered means the head as a whole has normal succulence, the wrapper leaves and outermost head leaves may be slightly wilted.

(4) Puffy means that the heads are very light in weight in comparison to size or have excessive air spaces in the central portion.

(5) Burst are those heads which are cracked open either at the base or the crown. Score as damage when affecting more that three head leaves and serious damage when affecting more than five head leaves. Those cracks affecting butts only shall be scored on an appearance basis equivalent to cracks occurring on the crown.

(6) Light green color when describing color refer to the outer leaves, regardless of whether they be head leaves or wrapped leaves (use light green color guide for lettuce).

(7) Well trimmed not more than four wrapper leaves present.

(8) Seedstems means those heads which have seed stalks showing or in which the formation of seed stalks have plainly begun.

(9) Wrapper leaves means those leaves which do not enfold the head fairly tightly more than two-thirds the distance from the base to the top.

(10) Damage means any injury or defect which materially affects the appearance or edible or shipping quality.

(11) Serious damage means any injury or defect which seriously affects the appearance or the edible or shipping quality.

(12) Black leaf spot or pepper spot shall be scored as damage when materially affecting more than two head leaves and scored as serious damage when materially affecting more than five head leaves.

(13) Bruising or mechanical damage shall be scored as damage when materially affecting more than two head leaves and scored as serious damage when affecting more than five head leaves or appearance is seriously affected.

(14) Insects (live or dead), score as damage when more than five insects are present on the compact portion of the head or when the wrapper leaves are naturally affected. Score as serious damage when more than 10 insects are present on the compact portion of the head or when wrapper leaves are badly infested.

(15) Thrips injury and tipburn, score as damage when present on more than three head leaves or when the aggregate area exceeds that of a 1″ × 2″ rectangle and score as serious damage when present on more than five head leaves or when aggregate area exceeds that of a 2″ × 2″ square.

(c) Size.

The size classification shall be designated as medium which shall be a two pound minimum and a five pound maximum per head. In order to allow for variation incident to proper sizing not more than five percent for undersize heads and not more than 10 percent for oversize. These tolerances are in addition to the tolerance for grade defects.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling not more than a total of 10 percent by weight of the heads in any lot may fail to meet the requirements of this grade, included therein, not more than five percent by weight of the heads shall be seriously damaged by any cause and included in this latter amount not more than two percent shall be allowed for soft decay.

(e) Application of tolerances.

When a tolerance is 10 percent or more, individual containers in any lot shall have not more than 1 ½ times the tolerance specified and when a tolerance is less than 10 percent, individual containers in any lot shall have not more than double the tolerance specified, except that at least one defective and one offsize cabbage may be permitted in a container.

(f) Packing.

All packages are subject to approval by the Department of Agriculture and Markets and shall be packed in new logo bearing cartons, with name and address of grower, shipper or packer, net weight and product. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(g) Markings.

Cabbage packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.7 Cantaloupe (muskmelon) standards {#sec-1-crr-ny-162.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.7}

(a) General.

New York State Seal of Quality cantaloupe shall be cantaloupe (muskmelon) of one type which are mature and have high internal quality and uniform appearance, but are not over-ripe or soft or wilted, which are well formed, well netted, and free from decay, wet slip and sunscald, and free from damage caused by liquid in the seed cavity, sunburn, hail, dirt, surface mold or other disease, aphis or other insects, scars, cracks, sunken areas, ground spot, bruises, or mechanical or other means.

(b) Definitions.

(1) High internal quality means that the combined juice from the edible portion of a sample of cantaloupes (muskmelons) selected at random contains not less than 9.3 percent soluble solids as determined by an approved hand refractometer.

(2) Uniform in appearance means that not more than one-tenth of the packages in any lot contain cantaloupes (muskmelons) which show sufficient variation in shape, size, ground color or netting to materially detract from the appearance of the contents of the individual packages, or which are not packed according to the approved and recognized methods for the package.

(3) One type means that the cantaloupes (muskmelons) in any container are similar in color of flesh and are not decidedly different in shape, character of netting and prominence of ribbing.

(4) Mature means that the muskmelon has reached the stage of maturity which will insure the proper completion of normal ripening process.

(5) Soft means that the muskmelon yields readily to slight pressure.

(6) Wilted means that the muskmelon lacks turgidity and is somewhat flabby, spongy and pliable under moderate pressure.

(7) Well formed means that the muskmelon has the normal shape characteristic of the variety.

(8) Well netted means that to an extent characteristic of variety the muskmelon is well covered with fully developed, well-raised netting, some portion of which is well rounded with practically no crease.

(9) Decay means breakdown, disintegration or fermentation of flesh or rind of the muskmelon caused by bacteria or fungi.

(10) Wet slip means a condition present at time of packing in which the stem scar is abnormally large, excessively wet and slippery, yields to slight pressure, and is frequently accompanied by fresh radial growth cracks at the edge of the stem scar.

(11) Sunscald means discolored or bleached, sunken areas of the surface having tough epidermis with underlying flesh leathery and usually off color.

(12) Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or shipping quality of the muskmelon. The following specific defects shall be considered damage:

(i) when more than a slight amount of liquid is present in the seed cavity;

(ii) sunburn when the color of the flesh is materially changed; when the rind is hard, tough, thin, or definitely flattened; when distinct flattening of the netting or dark yellow surface discoloration affects an aggregate area exceeding 20 percent of the surface of the muskmelon, or when brown, gray, purple or dark green surface discoloration detracts from the appearance of the muskmelon to a greater extent than the area of dark yellow discoloration permitted;

(iii) hail when the injury is unhealed or deep;

(iv) surface mold when the color, character, or location of the mold materially detracts from the muskmelon;

(v) aphis when aphis honeydew is more than slightly sticky or when resulting discoloration more than slightly detracts from the appearance of the muskmelon;

(vi) scars when healed, shallow, smooth and light colored and the aggregate area affected exceeds five percent of the surface of the muskmelon; or when deep rough or dark colored detracting from the appearance to a greater extent than the area healed, shallow, smooth and light colored scars permitted. Smooth scarring at the blossom end and coalesced netting should not be considered in determining damage caused by scarring unless materially detracting from the appearance of the muskmelon;

(vii) cracks when deep or not dry. Slight dry cracks at the ends or the sutures of the muskmelon shall not be considered damage;

(viii) ground spot when the rind of the affected area is thin or weak, or when the size or color of the affected area or the character of netting on the area in relation to the remainder of the surface of the muskmelon materially detracts from the appearance of the muskmelon;

(ix) bruises when the surface of the muskmelon is definitely flattened or indented, or when the underlying flesh is noticeably discolored; and

(x) mechanical means when cuts or gouges are deep or when any skin break is unhealed.

(13) Serious damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which seriously detracts from the appearance, or the edible or shipping quality of the muskmelon. The following specific defects shall be considered as serious damage:

(i) when a large amount of liquid is present in the seed cavity or the flesh of the cavity wall is noticeably soft or discolored or when any fermentation is present;

(ii) sunburn when the flesh is seriously discolored, when causing cracking of the rind, or when causing flattening of the rind which seriously detracts from the appearance of the muskmelon;

(iii) hail when the injury in unhealed;

(iv) surface mold when the color, character, or location of the mold seriously detracts from the appearance or marketing quality of the muskmelon;

(v) cracks when fresh and deep;

(vi) bruises when the surface of the muskmelon is seriously flattened or indented or when a material portion of the underlying flesh is broken down; and

(viii) mechanical means when fresh cuts or gouges extend into the edible portion of the muskmelon.

(14) Permanent defects means defects which are not subject to change during shipping or storage, including but not limited to factors of shape, netting scarring, sunscald, sunburn and injury caused by hail or insects, and mechanical injury which is so located as to indicate that it occurred prior to shipment.

(15) Condition defects means defects which may develop or change during shipment or storage, including but not limited to decayed or soft cantaloupes (muskmelons) and such factors as liquid in the seed cavity, surface mold, sunken areas, fresh cracks, and bruising which is so located as to indicate that it occurred after packing.

(c) Tolerances.

In order to allow for variations incident to proper grading and handling the following tolerances, by count, shall be permitted, except that these tolerances shall not apply to the requirement relating to internal quality, and uniformity of appearance. Eight percent for cantaloupes (muskmelons) in any lot which fail to meet the requirements of this grade: provided, that included in this amount not more than four percent shall be allowed for defects causing serious damage, including in this latter amount not more than one percent which are affected by decay or mold.

(d) Application of tolerances.

The contents of individual packages are subject to the following limitation: provided, that the averages for the entire lot are within the tolerances specified. A package may contain not more than double any specified tolerance except that at least two defective specimens may be permitted in any package.

(e) Packing.

Cantaloupes must be packed in new standard cartons and are subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(f) Markings.

Each package or display of cantaloupes (muskmelons) offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.8 Topped carrot standards {#sec-1-crr-ny-162.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.8}

(a) General.

New York State Seal of Quality carrots shall be carrots of similar varietal characteristics which are well trimmed, firm, clean, fairly well colored, fairly smooth, fairly well formed, provided 50 percent of the lot is well formed; which are free from secondary new top growth and soft rot, and free from damage caused by freezing, growth cracks, sunburn, pithiness, woodiness, internal discoloration, oil spray, dry rot, other disease, insects or other means.

(b) Definitions.

(1) Similar varietal characteristics means that the carrots in any lot are of the same general type. For example, carrots with a short, but blunt growth like the Oxheart variety, shall not be mixed with long or half-long carrots like the Imperator or Danvers varieties.

(2) Well trimmed means that the tops are cut back to not more than 3/4 inch in length, except that new leaves developing within the original central cluster of leaf stems, or occasional uncut leaves or leaf stems, exceeding this length which do not materially affect the appearance of the individual carrot shall be permitted. Carrots may have tips of roots cut or broken off: provided, that these cuts or breaks are small and fairly smooth and do not materially affect the appearance of the individual carrot.

(3) Fairly uniform means not more than 20 percent of the carrots in individual samples vary in length more than two inches, or in diameter more than 3/4 inches.

(4) Firm means that the carrot is not soft, flabby or shriveled.

(5) Clean means that the individual carrot is practically free from dirt and other foreign matter.

(6) Fairly well colored means that the carrot has an orange, orange red, or orange scarlet color, but not a pale orange or distinct yellow color.

(7) Fairly smooth means that the individual carrot is not rough, ridged, or covered with secondary rootlets to the extent that the appearance is materially affected.

(8) Well formed means that the individual carrot is not forked, or misshapen to the extent that the appearance is more than slightly affected.

(9) Secondary new top growth means the leaves or clusters of leaves which have developed outside the original central cluster of leaf stems.

(10) Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or shipping quality of the individual carrot or the appearance of the sample as a whole, or which cannot be removed without a loss of more than five percent, by weight, in the ordinary preparation for use. The following specific defects shall be considered as damage:

(i) growth cracks which are not shallow or smooth, or which materially detract from the appearance of the individual carrot; and

(ii) sunburn which causes a loss of more than five percent, by weight, in the ordinary preparation for use, except that superficial light green color at the stem end which does not materially detract from the appearance of the carrot shall be permitted.

(11) Diameter means the greatest dimension of the carrot measure at right angles to the longitudinal axis.

(12) Fairly well formed means that the individual carrot is not forked, or misshapen to the extent that the appearance is materially affected.

(13) Excessively rough means that the individual carrot is rough or ridged to the extent that the appearance is seriously affected.

(14) Seriously misshapen means that the individual carrot is forked or misshapen to the extent that the appearance is seriously affected.

(15) Serious damage means any defect, or any combination of defects, which seriously detracts from the appearance, or the edible or shipping quality of the individual carrot or the appearance of the sample as a whole, or which cannot be removed without a loss of more than 20 percent, by weight, in the ordinary preparation for use.

(c) Size.

(1) The diameter of each carrot is not less that 3/4 inches or more than 1 ½inches.

(2) The length is not less than five inches, unless specified as “mini or baby”, whereas the maximum length will be five inches and the maximum diameter will be 3/4 inches.

(3) Individual samples shall be fairly uniform.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances, by count, are provided as specified:

(1) For defects. Ten percent for carrots in any lot which fail to meet the requirements: provided, that not more than one-half of this amount, or five percent, shall be allowed for defects causing serious damage, including therein not more than one percent for carrots affected by soft rot.

(2) For off-size. Five percent for carrots in any lot which are larger than the specified maximum diameter, 10 percent for carrots in any lot which are smaller than the specified minimum diameter or shorter than the specified minimum length and 10 percent of the samples may fail to meet fairly uniform requirement.

(e) Application of tolerances.

Individual samples shall not have more than double the tolerance specified: provided, that not more than one carrot which is frozen or affected by soft rot may be permitted in any package weighing approximately three pounds or less: and provided further, that the averages for the entire lot are within the tolerances specified for the grade. Individual samples may not contain less than 40 percent well formed.

(f) Sample for grade determination.

Each sample shall consist of 50 carrots. When individual packages contain at least 50 carrots, the sample is drawn from one package; when individual packages contain less than 50 carrots, a sufficient number of adjoining packages are opened to form a 50 carrot sample.

(g) Packing.

Carrots must be packed in new 50 or 25 pound film or mesh sacks, or master containers containing 48-one pound, 24-two pound or 10-five pound bags, or any other new standard packaging that is subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(h) Markings.

Each package of carrots packaged and offered for sale under the Seal of Quality shall have affixed the official seal designation.

1 CRR-NY 162.9 Cauliflower standards {#sec-1-crr-ny-162.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.9}

(a) General.

New York State Seal of Quality cauliflower shall be heads of cauliflower which meet the following requirements. Basic requirements for curds are: clean, compact, color—white, size—not less than six inches in diameter. Heads are required to be fairly uniform in size—which means that variation of curd size in individual containers does not exceed two inches in diameter. Basic requirements for jacket leaves: fresh, closely trimmed, fairly clean. Free from: soft or wet decay. Free from damage caused by: bruising, cuts, discoloration, enlarged bracts, fuzziness, hollow stem, insects, mold, riciness, wilting and other means. Free from serious damage by any cause.

(b) Definitions.

(1) Damage means any specific defects as outlined in the United States Standards for grades of cauliflower with the following exception:

(i) Discoloration means when yellow or other abnormal color materially detracts from the appearance of the curd, or slightly detracts from the appearance of the jacket leaves (in the case of closely trimmed cauliflower).

(c) Tolerances.

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, are provided as specified:

(1) For defects. Ten percent for heads of cauliflower in any lot which fail to meet the requirements of the grade, but not more than one-half of this tolerance or five percent shall be allowed for defects causing serious damage, including in this latter amount not more than one percent for soft or wet decay affecting the curd or butt.

(2) For off-size. Five percent for heads of cauliflower smaller than the specified minimum curd size and five percent for heads of cauliflower larger than the two inch size variation.

(d) Application of tolerances.

The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations:

(1) A package may contain not more than double any specified tolerance except that at least two defective and two off-size specimens may be permitted in any package: provided, that not more than one specimen which is affected by soft or wet decay occurring on the curd or butt portion of the head may be permitted in any package: and provided further, that the averages for the lot are within the tolerances specified for the grade.

(2) In order to allow for variations in regard to proper packing, not more than 10 percent (by count) of the containers in any lot may fail to meet the requirements for fairly uniform size.

(e) Packing.

Cauliflower must be packed in new standard crates or cartons or other new standard packages which are subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(f) Markings.

(1) In addition to grower number and count, cauliflower packaged and offered for sale under the Seal of Quality program shall have the official seal designation.

(2) In addition pack should conform to count as marked. Also, require the type of pack to be tight—meaning that the container is sufficiently filled and that the heads are placed tightly enough so that there is no movement within the container.

(3) Individually wrapped cauliflower shall have Seal of Quality attached.

1 CRR-NY 162.10 Pascal celery standards {#sec-1-crr-ny-162.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.10}

(a) General.

New York State Seal of Quality celery shall be stalks of celery of similar varietal characteristics which are well developed, well formed, clean, well trimmed, compact; free from blackheart, brown stem, soft rot and doubles. The celery is also free from damage caused by freezing, growth cracks, horizontal cracks, pithy branches, seedstems, suckers, wilting, blight, other diseases, insects or mechanical or other means.

(b) Definitions.

(1) Stalk means an individual plant.

(2) Similar varietal characteristics means that the stalks in any package have the same general appearance and character of growth.

(3) Well developed means that the branches are of good width and thickness in relation to the length of midribs and type of celery and that the heart branches are of reasonable number, length and stockiness.

(4) Well formed means that the branches are fairly straight and not more than slightly curved or twisted.

(5) Clean means that the stalk is practically free from dirt or other foreign material. Stalks shall be permitted to have a small amount of dirt on the inside of the branches or in the heart branches which cannot be removed by good commercial methods of washing.

(6) Well trimmed means that not more than two relatively thin, short or spindly, or coarse and fibrous outer branches remain; that the main root has been cut off so as not to extend more than 1 ½ inches below the point of attachment of the lowest outer branch; that secondary rootlets are not of such number or length as to materially affect the appearance of the stalk; and, that the appearance is not materially affected by the presence of discolored leaves or by excessive removal of leaves or portions of leaves.

(7) Compact means that the branches on the stalk are fairly closetogether throughout most of their length.

(8) Average midrib length means the average length of all the branches in the outer whorl measured from the point of attachment at the base to the first node.

(9) Branch means the leaf of a stalk and consists of the edible stem-like portion and the tops or leaf blades.

(10) Length of stalk means the distance from where the root is cut off to a point which represents the average length of the longest branches.

(11) Diameter means the greatest dimension of the stalk measured at a point two inches above the point of attachment of the lowest outer branch to the base.

(c) Size.

The average midrib length of the outer whorl of branches shall both be less than seven inches. Stalks shall be of such length as to extend from one side, end, or bottom of the container to within one inch of the corresponding opposite side, end, or top of the container. Such measurement shall not include the bulge, and shall be measured in whole inches of even number as 12 inches, 14 inches, etc., in accordance with the facts.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances shall be permitted:

(1) For defects.

Ten percent, by count, in any lot for stalks which fail to meet the requirements of the grade, including therein not more than ½ of this amount of five percent for stalks which are seriously including therein one percent for soft rot.

(2) For off-length stalks.

Five percent by count, in any lot for stalks which fail to meet the minimum length required or specified.

(3) For off-length midribs.

Five percent by count, in any lot for stalks which fail to meet the requirements as to average midrib length.

(e) Application of tolerances.

The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations: provided, that the averages for the entire lot are within the tolerances specified:

(1) For packages which contain 20 specimens or more and a tolerance of 10 percent or more is provided, individual packages in any lot may contain not more than one and one-half times the tolerance specified. For packages which contain 20 or more specimens and a tolerance of less than 10 percent is provided, individual packages in any lot may contain not more than double the tolerance specified except that at least one defective and one off-size specimen may be permitted in any package.

(2) For packages which contain less than 20 specimens, individual packages in any lot may contain not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package; provided that for packages which contain six specimens or less, individual packages in any lot are not restricted as to the percentage of defects; and provided further, that not more than one specimen which is affected by decay or otherwise seriously damaged and one off-size specimen may be permitted in any package.

(f) Count.

The number of stalks of celery in the container may be specified by numerical count or in terms of dozens or half dozens.

(g) Defects.

(1) Growth cracks mean more than one branch is affected by growth cracks which are over ½ inch in length or when more than four branches have growth cracks.

(2) Horizontal cracks mean more than two branches have horizontal cracks which are over one-half inch in length, or when more than four branches have horizontal cracks.

(3) Pithy branches mean more than two are pithy in that portion of the midrib between a point one inch above the point of attachment to the base and the first node, or between a point one inch below the first node and the point of attachment to the base, or when pith occurs at both ends of the midrib and more than a total of one inch is affected.

(4) Seedstems mean the length of seedstem exceeds 1 ½ times the diameter or six inches in length.

(5) Brown stem, cracked stem and crater blotch means materially affecting more than one branch or when aggregate area exceeds one-half of a square inch on the branches.

(6) Discoloration means each of more than one branch or ¼ of the branches of the stalk, whichever is less, has more than three distinct hairlike lines more than two inches long occurring on the outer side of the branch or an aggregate area of more than ¼ by ¾ inch of blotch or solid type discoloration occurring on the inner side.

(7) Insects mean worms are present or when insect injury occurs on heart branches, or when insect injury affects midrib portion of more than one branch, or when injury on other portions slightly affects the appearance of the stalk.

(8) Mechanical injury means the root has been cut off too closely leaving the branches without support; when more than one branch is materially scuffed or bruised; when the branches have been broken above the first node to an extent which materially affects the appearance; or when more than one branch is broken below the first node except that all branches may be cut below the first node provided the stalk is of the length specified.

(h) Packing.

Celery must be packed in new wirebound crates or new waxed cartons or any other new standard containers subject to the approval of the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(i) Markings.

Celery packaged and offered for sale under the Seal of Quality shall have affixed the official seal designation.

1 CRR-NY 162.11 Cheddar cheese standards {#sec-1-crr-ny-162.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.11}

(a) General.

New York State Seal of Quality grade of cheddar, washed curd or colby cheese, shall be according to the degree of curing on the basis of rating (A) flavor, (B) body and texture, (C) color, (D) finish and appearance. The rating of each quality factor shall be established on the basis of characteristics present in cheese from any sample. The final grade shall be established on the basis of the lowest rating of any one of the quality characteristics. Seal of Quality cheddar cheese conform to the following requirements and standards:

(1) Flavor.

Shall possess desirable and pleasing flavor and odor characteristics. Commensurate with its age and degree of cure, it may possess feed, acid, bitter, fruity and sulfide types of flavors to a degree detectable only upon critical examination. Fresh or uncured cheese of this grade shall not possess bitter, fruity, sulfide, utensil, yeasty or foreign flavors to any degree.

(2) Body and texture.

Cheddar cheese of this grade shall be reasonably firm bodied and smooth textured. A sample drawn for inspection shall be reasonably close, with no large, connecting or ragged openings, and shall be practically free of gas holes and may be detectably slit but not intense.

(i) Commensurate with its age and degree of cure, when cheese of this grade is worked, it shall break down to a cohesive, waxy or semi-glossy consistency and shall be free of pronounced rough, grain-like or mealy appearance which is associated with excessive acid.

(ii) Washed curd cheese of this grade shall conform to subparagraph (i) of this paragraph except that it may be definitely open and less firm bodied.

(iii) Colby cheese of this grade shall conform to subparagraph (ii) of this paragraph except that it shall have numerous small mechanical openings distributed throughout the cheese.

(iv) When triers are used to draw samples, plugs shall be full and unbroken.

(3) Color.

May be colored or uncolored, but if colored, it shall be uniform throughout. May possess numerous tiny white specks, associated with aged cheese. May possess seaminess and waviness to a slight degree.

(4) Finish and appearance.

(i) Bandaged and paraffin-dipped. The rind shall be sound, firm and smooth, providing a good protection to the cheese. The bandage may be slightly uneven, overlapped or wrinkled, but not burst or torn. The surface shall be practically smooth, bright and have good coating of paraffin or wax that adheres firmly to all surfaces of the cheese, with certain allowable tolerances for mold and other defects according to the degree of curing. There shall be no indication that mold has entered the cheese. It shall be free from huffing, but may have slightly high edges and be slightly lopsided.

(ii) Rindless. The wrapper or covering shall adequately and securely envelop the cheese, be neat, unbroken and fully protect the surface but may be slightly wrinkled. The cheese shall be free from huffing but may be slightly lopsided and may have very slight mold under the wrapper or covering in medium and cured classifications. There shall be no indications that mold has entered the cheese.

(b) Flavor.

(1) Slight.

Detected only upon critical examination.

(2) Definite.

Not intense but detectable.

(3) Pronounced.

So intense as to be easily identified.

(4) Feed.

Feed flavors (such as alfalfa, sweet clover, silage or similar feed) in milk carried through into the cheese.

(5) Acid.

Sharp and puckery to the taste, characteristics of lactic acid.

(6) Bitter.

Distasteful, similar to taste of quinine. Most frequently found in aged cheese.

(7) Fruity.

A sweet fruit-like flavoring resembling apples; generally increasing in intensity as the cheese ages.

(8) Whey-taint.

A slightly acid flavor and odor characteristic of fermented whey caused by too slow expulsion of whey from the curd.

(9) Old milk.

Lacks freshness.

(10) Lipase.

A flavor suggestive of rancidity or butyric acid, sometimes associated with a bitterness.

(11) Sulfide.

An objectionable flavor of hydrogen sulfide similar to the flavor of water with a high sulfur content.

(12) Foreign.

Flavors not normally associated with cheese such as contaminants.

(c) Body and texture.

(1) Smooth.

Feels silky; not dry and coarse or rough.

(2) Reasonably firm.

Somewhat less firm but not to the extent of materially injuring the keeping quality of the cheese.

(3) Open.

Mechanical openings that are irregular in shape and are caused by workmanship and not gas fermentation.

(4) Sweet holes.

Spherical gas holes, glossy in appearance; usually about the size of BB shots; also referred to as shot or Swiss holes.

(5) Weak.

Requires little pressure to crush, is soft but is not necessarily sticky like a pasty cheese.

(6) Pasty.

Usually weak body and when the cheese is rubbed between the thumb and fingers it becomes sticky and smeary.

(7) Crumbly.

Loosely knit and tends to fall apart when rubbed between the thumb and fingers.

(8) Gassy.

Gas holes of various sizes and may be scattered.

(9) Pinny.

Numerous very small gas holes.

(10) Practically free of gas. Limited gas or sweet holes are acceptable, provided that the body of flavor meets the flavor requirements of these specifications.

(11) Slits.

Narrow or elongated openings generally associated with cheese that is gassy or yeasty.

(d) Color.

(1) Uncolored.

Absence of artificial coloring.

(2) Seamy.

White thread-like lines that form if the pieces of curd are not properly joined together.

(3) Wavy.

Unevenness of color which appears as layers or waves.

(4) Acid cut.

Bleached or faded appearance which sometimes varies throughout the cheese, appearing most often around mechanical openings.

(5) Tiny white specks.

Specks resembling grains of salt scattered throughout the cheese. They are generally associated with aged cheese.

(e) Finish and appearance.

(1) Wax or paraffin that adheres firmly to the surface of the cheese. Thin or thick coating with no indication of cracking, breaking or loosening.

(2) Rind.

Hard coating caused by the desiccation of the surface of the cheese.

(3) Firm sound rind.

Possessing a firmness and thickness (not easily dented or damaged) consistent with the size of the cheese and which is dry, smooth, and closely knit, sufficient to protect the interior quality from external defects; free from checks, cracks, breaks or soft spots.

(4) Burst or torn bandage.

A severance of the bandage usually occurring at the side seam or is otherwise snagged or broken.

(5) Wrapper or covering.

Transparent or opaque material (plastic film type or foil) next to the surface of the cheese, used as an enclosure or covering of the cheese.

(6) Adequately and securely enveloped. Wrapper or covering properly sealed, and entirely enclosing the cheese, with sufficient adherence for ample protection and prevention of mold.

(7) Smooth bright surface. Clean, glossy surface.

(8) Soiled surface. Milkstone, rust spots or other discoloration on the surface of the cheese.

(9) Smooth surface. Not rough or uneven.

(10) Surface mold. Mold on the paraffin or the exterior of the cheese.

(11) Mold under bandage and paraffin. Mold spots or areas that have formed under the paraffin or mold that has penetrated from the surface and continued to develop.

(12) Mold under wrapper or covering. Mold spots or areas that have formed under the wrapper or on the cheese.

(13) Rough surface. Lacks smoothness.

(14) Bandage evenly placed. Overlapping the edges evenly about one inch.

(15) Irregular bandaging. Bandage improperly placed in the hoop resulting in too much bandage on one end and insufficient on the other causing overlapping; wrinkled and loose fitting.

(16) Lopsided. One side of the cheese is higher than the other side.

(17) High edge. A rim or ridge on the follower side of the cheese, which is raised in varying degrees. In extreme cases it may bend over.

(18) Defective coating. Brittle coating of paraffin that breaks and peels off in the form of scales or flakes; flat or raised blisters or bubbles under the surface of the paraffin, checked paraffin, including cracks, breaks or hairline cracks in the paraffin or coating of the cheese.

(19) Cracks in the rind. Openings or breaks in the rind.

(20) Checked rind. Numerous small cracks or breaks in the rind, sometimes following the outline of curd particles sometimes referred to as curd openings.

(21) Soft spots. Soft to the touch and the spots are usually faded and moist.

(22) Huffed cheese. Swollen because of gas fermentation. The cheese becomes rounded or oval in shape instead of being flat.

(23) Weak rind. Thin and possessing little or no resistance to pressure.

(24) Sour rind. A fermented rind condition, usually confined to the faces of the cheese.

(25) Wet rind. A wet rind is one in which the moisture adheres to the surface of the rind and which may or may not soften the rind or cause discoloration.

(26) Rind rot. Soft spots on the rind that have become discolored and have decayed or decomposed.

(f) Degree of cure.

(1) Fresh, current, mild or any other equivalent term shall mean cheese lacking in flavor development and may possess only slight cheddar cheese flavor. Its texture may be only partially broken down.

(2) Medium cured or any other equivalent term shall mean cheese possessing only moderate degree of characteristic cheddar cheese flavor. Its texture may or may not be entirely broken down.

(3) Cured, sharp, aged or any other equivalent term shall mean moderate to well developed degree of flavor and sharpness. Its texture shall be entirely free from curdiness.

(4) Extra sharp, very sharp, tangy or any other equivalent term shall mean well developed degrees of flavor and aroma so that its sharpness is clearly discernible to taste and smell. Its texture shall be entirely free from curdiness.

(g) Packaging.

(1) Paraffin. Refined paraffin, amorphous wax, microcrystalline wax or any combination of such or any other suitable substance.

(2) Rindless. Cheese which has not formed a rind due to the impervious type of wrapper, covering or container, enclosing the cheese or by any other means of handling.

(h) Processing facility.

Seal of Quality cheese manufacturing and packaging is restricted to those facilities in compliance with Agriculture and Markets Law, article 4 or 12-A and these facilities must maintain a satisfactory inspection record.

(i) Packing.

All packages are subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(j) Markings.

Each package of cheddar cheese packaged and offered for sale under the Seal of Quality program must have affixed the official seal designation.

1 CRR-NY 162.12 Mozzarella cheese standards {#sec-1-crr-ny-162.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.12}

(a) General.

New York State Seal of Quality mozzarella cheese must be made using only New York State milk and must meet the fat and moisture standards as set forth in 1 NYCRR Part 17, section 17.67 for whole milk mozzarella, section 17.68 for part skim mozzarella, section 17.69 for low moisture, whole milk mozzarella and section 17.70 for low moisture, part skim mozzarella. The determination of the Seal of Quality grade of mozzarella cheese shall be on the basis of rating (A) flavor, (B) body and texture, (C) color, (D) finish and appearance, and (E) melt (for low moisture cheeses only). The rating of each quality factor shall be established on the basis of characteristics present in cheese from any sample. The final grade shall be established on the basis of the lowest rating of any one of the quality characteristics. Seal of Quality mozzarella cheese shall conform to the following requirements and standards:

(1) Flavor. Shall possess desirable and pleasing flavor and odor characteristics. It may possess bitter, fruity, metallic/oxidized, and unclean type flavors, upon critical examination, to a very slight degree. It may possess acid, cooked, and feed type flavors to a slight degree. Cheese may have a flat and salt flavor to a definite degree. A salt flavor cannot be to the extent that the natural cheese flavor is masked over. Mozzarella cheese may not possess fermented, rancid, or yeasty flavors to any degree.

(2) Body and texture. Mozzarella cheese of this grade shall be firm bodied, whole milk mozzarella may be less firm than low moisture, part skim. Cheese shall have uniform firmness on all sides. The texture must be smooth, with the exception that a slight roughness to the surface due to salt may be apparent. The texture and body of the cheese should be smooth and springy, very close and uniform, and not have a corky or curdy appearance. Whole milk mozzarella is permitted a slight degree of free fat on the interior surfaces. While the texture of low moisture, part skim mozzarella cheese should be devoid of free fat on the interior surfaces. In addition, the cheese must be free of any evidence of gas formation, a few slits may be noted in the interior, however, such slits shall not be the result of gas formation. Shredded cheese in bulk or retail packages shall be reasonably uniform in size and be reasonably free of caking.

(3) Color. Cheese may be white to a light creamy color but should not have a dull chalky appearance. The color may be slightly wavy in appearance. The surface of the cheese should have a glossy sheen. Any mottling or unnatural coloration shall not be present.

(4) Finish and appearance. The wrapper or covering shall adequately and securely envelop the cheese, be neat, unbroken and fully protect the surface but may be slightly wrinkled. The basic shape of the cheese shall be reasonably uniform throughout. Sides may be slightly rounded but not appear huffed which could indicate the presence of gas. To a slight degree, cracks could be present on the surface. There shall not be any mold on the surface or within the cheese. Edges may be rounded to a degree.

(5) Melt (applies to low moisture cheeses only). When melted on a pizza shell, mozzarella cheese should not show excessive blistering, or burning, or unnatural coloration. There shall only be very slight signs of free oil on the surface of the melted cheese. Cheese should melt down and uniformly cover the surface. The mouth-feel of the cheese should be smooth. Cheese of this grade should have at least a six inch stretch and show a firm string when lifted with a fork. In all cases where other defects are noted under a category, the defect shall be described and the official grader will determine the extent to which it should be allowed. The melt test shall be done in the following manner:

(i) Apparatus.

(a) Balance scale of 500 gram capacity sensitive to 50 mg. plus or minus.

(b) Oven capable of heating to 550 degrees Fahrenheit uniformly over the entire surface.

(c) Pizza tray of appropriate size.

(d) Household type shredder.

(e) Table fork.

(ii) Ingredients.

(a) Heavy concentrated tomato puree (11.3 percent to 15 percent of natural tomato soluble solids).

(b) Pizza shell, ¼″ minimum thickness, premade, store bought, slightly baked. May be frozen.

(c) Shredded low moisture cheese.

(iii) Procedure.

(a) Preheat oven to 500 degrees Fahrenheit.

(b) Prepare pizza using the following amounts or exact proportions thereof:

(1) Evenly spread four oz. pizza sauce over 12 inch diameter ¼ thick shell. Leave ½″ around edge of shell.

(2) Evenly distribute 70 grams of shredded mozzarella over ½ of the 12″ diameter shell. A second sample may be used on the other half of shell.

(3) Place prepared pizza in the preheated oven at 500 degrees Fahrenheit for eight to ten minutes. If using frozen shell, unthaw and bake one to two minutes longer.

(c) Remove pizza from oven, wait one minute and then insert tip of table fork into the cheese, lift vertically to determine length of stretch.

(d) Observe for free fat, color, blistering or burn and degree of coverage.

(b) Flavor.

(1) Very slight. Barely detectable upon critical examination.

(2) Slight. Detected only upon critical examination.

(3) Definite. Not intense but detectable.

(4) Pronounced. So intense as to be easily identified.

(5) Feed. Feed flavors (such as alfalfa, sweet clover, silage or similar feed) in milk carried through into the cheese.

(6) Acid. May be slight if cheese is aged over one week. Sharp and puckery to the taste, characteristics of lactic acid.

(7) Bitter. Distasteful, similar to taste of quinine. May be present in cheese one week or more old.

(8) Fruity. A sweet fruit-like flavoring resembling apples; generally increasing in intensity as the cheese ages. Acceptable in cheese one week or more in age.

(9) Flat. Insipid, lacking in flavor development, devoid of flavor. Present most likely if cheese is less than one week old.

(10) Cooked. Mildly suggestive of uncleanliness in addition to a whey taint.

(11) Metallic/oxidized. Flat, metal-like taste and puckery sensation.

(12) Rancid. Characterized by:

(i) a slow reaction time;

(ii) its prominence after the sample is expectorated; and

(iii) its persistence.

The flavor is bitter; soapy, very disagreeable and repulsive.

(13) Yeasty. Identified by its sour, yeasty taste and slightly fragrant odor.

(c) Body and texture.

(1) Smooth. Feels silky; not dry and coarse or rough.

(2) Firm. Feels solid and offers slight resistance to pressure. The rind will be somewhat firmer than the interior of the cheese.

(3) Open. Mechanical openings that are irregular in shape and are caused by workmanship and not gas fermentation.

(4) Weak. Requires little pressure to crush, is soft but is not necessarily sticky like a pasty cheese.

(5) Pasty. Usually weak body and when the cheese is rubbed between the thumb and fingers it becomes sticky and smeary.

(6) Gassy. Gas holes of various sizes and may be scattered.

(7) Slits. Narrow or elongated openings generally associated with cheese that is gassy or yeasty.

(8) Corky. Dry, hard, overfirm, stiff, tough.

(9) Curdy. Characteristic of freshly made or uncured cheese. Cheese is hard and when pressure is applied there is a tendency for the cheese to spring back to its original shape.

(10) Free fat. Greasy or oily presence on the cheese that can be felt or is visible.

(d) Color.

(1) Uncolored. Absence of artificial coloring.

(2) Wavy. Unevenness of color which appears as layers or waves.

(3) Mottled. Rounded, irregularly shaped areas of light and dark shades of color.

(4) Unnatural. Color that is not normally associated with mozzarella cheese.

(e) Finish and appearance.

(1) Rind. Hard coating caused by the desiccation of the surface of the cheese.

(2) Firm sound rind. Possessing a firmness and thickness (not easily dented or damaged) consistent with the size of the cheese and which is dry, smooth, and closely knit, sufficient to protect the interior quality from external defects; free from checks, cracks, breaks or soft spots.

(3) Burst or torn bandage. A severance of the bandage usually occurring at the side seam or is otherwise snagged or broken.

(4) Wrapper or covering. Transparent or opaque material (plastic film type or foil) next to the surface of the cheese, used as an enclosure or covering of the cheese.

(5) Adequately and securely enveloped. Wrapper or covering properly sealed, and entirely enclosing the cheese, with sufficient adherence for ample protection and prevention of mold.

(6) Smooth bright surface. Clean, glossy surface.

(7) Soiled surface. Milkstone, rust spots or other discoloration on the surface of the cheese.

(8) Smooth surface. Not rough or uneven.

(9) Surface mold. Mold on the exterior of the cheese.

(10) Mold under wrapper or covering. Mold spots or areas that have formed under the wrapper or on the cheese.

(11) Rough surface. Lacks smoothness.

(12) Bandage evenly placed. Overlapping the edges evenly about one inch.

(13) Irregular bandaging. Bandage improperly placed in the hoop resulting in too much bandage on one end and insufficient on the other causing overlapping; wrinkled and loose fitting.

(14) Lopsided. One side of the cheese is higher than the other side.

(15) High edge. A rim or ridge on the follower side of the cheese, which is raised in varying degrees. In extreme cases it may bend over.

(16) Cracks in the rind. Openings or breaks in the rind.

(17) Checked rind. Numerous small cracks or breaks in the rind, sometimes following the outline of curd particles sometimes referred to as “curd openings.”

(18) Soft spots. Soft to the touch and the spots are usually faded and moist.

(19) Huffed cheese. Swollen because of gas fermentation. The cheese becomes rounded or oval in shape instead of being flat.

(20) Weak rind. Thin and possessing little or no resistance to pressure.

(21) Sour rind. A fermented rind condition, usually confined to the faces of the cheese.

(22) Wet rind. A wet rind is one in which the moisture adheres to the surface of the rind and which may or may not soften the rind or cause discoloration.

(23) Rind rot. Soft spots on the rind that have become discolored and have decayed or decomposed.

(f) Melt.

(1) Blistering. Bubbled or bulging.

(2) Burning. Evident by light brown to black coloration after cooking.

(3) Free oil. Readily visible oil or melted grease.

(4) Firm string. Solid and thick when stretched into a string shape.

(g) Processing facility.

Seal of Quality cheese manufacturing and packaging is restricted to those facilities in compliance with Agriculture and Markets Law, article 4 or 12-A and these facilities must maintain a satisfactory inspection record.

(h) Packing.

All packages are subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(i) Markings.

Each package of mozzarella cheese packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.13 Muenster, monterey jack and brick cheese standards {#sec-1-crr-ny-162.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.13}

(a) General.

The determination of the Seal of Quality grade of muenster, monterey jack and brick cheese, shall be on the basis of rating (A) flavor, (B) body and texture, (C) color, (D) finish and appearance. The rating of each quality factor shall be established on the basis of characteristics present in cheese from any sample. The final grade shall be established on the basis of the lowest rating of any one of the quality characteristics. Muenster, monterey jack and brick labeled with the Seal of Quality must meet the fat and moisture standards as set forth in 1 NYCRR Part 17, sections 17.51, 17.53 and 17.62. Seal of Quality muenster, monterey jack and brick shall conform to the following requirements and standards:

(1) Flavor. Shall possess desirable and pleasing flavor and odor characteristics. It may not possess bitter, whey taint, sulfide, rancid and yeasty flavors to any degree. It may possess feed, acid, unclean, fruity and foreign types of flavors to a degree detectable only upon critical examination. Fresh cheese of this grade shall not possess any detectable off flavors.

(2) Body and texture. Cheese of this grade may be slightly weak bodied, but must have a smooth texture. A sample drawn for inspection shall be reasonably close, with no large, connecting or ragged openings, and shall be practically free of gas holes or slits.

(i) When cheese of this grade is worked, it shall breakdown to a cohesive, waxy or semi-glossy consistency and shall be free of pronounced rough, grain-like or mealy appearance.

(ii) Monterey jack cheese of this grade shall conform to subparagraph (i) of this paragraph except that it may be slightly open.

(iii) Muenster and brick cheese of this grade shall conform to subparagraph (ii) of this paragraph except that it may have numerous small mechanical openings distributed throughout the cheese.

(iv) When triers are used to draw samples, plugs shall be full and unbroken.

(3) Color. May be colored or uncolored, but if colored, it shall be uniform throughout, with the exception of orange rind muenster, which may possess seaminess and waviness to a slight degree.

(4) Finish and appearance. Rindless. The wrapper or covering shall adequately and securely envelop the cheese, be neat, unbroken and fully protect the surface but may be slightly wrinkled. The cheese shall be free from huffing but may be slightly lopsided. There shall be no indications that mold has entered the cheese.

(b) Flavor.

(1) Slight. Detected only upon critical examination.

(2) Definite. Not intense but detectable.

(3) Pronounced. So intense as to be easily identified.

(4) Feed. Feed flavors (such as alfalfa, sweet clover, silage or similar feed) in milk carried through into the cheese.

(5) Acid. Sharp and puckery to the taste, characteristics of lactic acid.

(6) Bitter. Distasteful, similar to taste of quinine. Most frequently found in aged cheese.

(7) Fruity. A sweet fruit-like flavoring resembling apples; generally increasing in intensity as the cheese ages.

(8) Whey-taint. A slightly acid flavor and odor characteristic of fermented whey caused by too slow expulsion of whey from the curd.

(9) Old milk. Lacks freshness.

(10) Lipase. A flavor suggestive of rancidity or butyric acid, sometimes associated with a bitterness.

(11) Sulfide. An objectionable flavor of hydrogen sulfide similar to the flavor of water with a high sulfur content.

(12) Foreign. Flavors not normally associated with cheese such as contaminants.

(c) Body and texture.

(1) Smooth. Feels silky; not dry and coarse or rough.

(2) Reasonably firm. Somewhat less firm but not to the extent of materially injuring the keeping quality of the cheese.

(3) Open. Mechanical openings that are irregular in shape and are caused by workmanship and not gas fermentation.

(4) Sweet holes. Spherical gas holes, glossy in appearance; usually about the size of BB shots; also referred to as shot or Swiss holes.

(5) Weak. Requires little pressure to crush, is soft but is not necessarily sticky like a pasty cheese.

(6) Pasty. Usually weak body and when the cheese is rubbed between the thumb and fingers it becomes sticky and smeary.

(7) Crumbly. Loosely knit and tends to fall apart when rubbed between the thumb and fingers.

(8) Gassy. Gas holes of various sizes and may be scattered.

(9) Pinny. Numerous very small gas holes.

(10) Practically free of gas. Limited gas or sweet holes are acceptable, provided that the body and flavor meets the flavor requirements of these specifications.

(11) Slits. Narrow or elongated openings generally associated with cheese that is gassy or yeasty.

(d) Color.

(1) Uncolored. Absence of artificial coloring.

(2) Seamy. White thread-like lines that form if the pieces of curd are not properly joined together.

(3) Wavy. Unevenness of color which appears as layers or waves.

(4) Acid cut. Bleached or faded appearance which sometimes varies throughout the cheese, appearing most often around mechanical openings.

(e) Finish and appearance.

(1) Wrapper or covering. Transparent or opaque material (plastic film type or foil) next to the surface of the cheese, used as an enclosure or covering of the cheese.

(2) Adequately and securely enveloped. Wrapper or covering properly sealed, and entirely enclosing the cheese, with sufficient adherence for ample protection and prevention of mold.

(3) Smooth bright surface. Clean, glossy surface.

(4) Soiled surface. Milkstone, rust spots or other discoloration on the surface of the cheese.

(5) Smooth surface. Not rough or uneven.

(6) Surface mold. Mold on the paraffin or the exterior of the cheese.

(7) Mold under bandage and paraffin. Mold spots or areas that have formed under the paraffin or mold that has penetrated from the surface and continued to develop.

(8) Mold under wrapper or covering. Mold spots or areas that have formed under the wrapper or on the cheese.

(9) Rough surface. Lacks smoothness.

(10) Lopsided. One side of the cheese is higher than the other side.

(11) High edge. A rim or ridge on the follower side of the cheese, which is raised in varying degrees. In extreme cases it may bend over.

(12) Soft spots. Soft to the touch and the spots are usually faded and moist.

(13) Huffed cheese. Swollen because of gas fermentation. The cheese becomes rounded or oval in shape instead of being flat.

(f) Packaging.

Rindless. Cheese which has not formed a rind due to the impervious type of wrapper, covering or container, enclosing the cheese or by any other means of handling.

(g) Processing facility.

Seal of Quality cheese manufacturing and packaging is restricted to those facilities in compliance with Agriculture and Markets Law, article 4 or 12-A and these facilities must maintain a satisfactory inspection record.

(h) Packing.

All packages are subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(i) Markings.

Each package of muenster, monterey jack and brick cheese packaged and offered for sale under the Seal of Quality program must have affixed the official seal designation.

1 CRR-NY 162.14 Sweet corn standards {#sec-1-crr-ny-162.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.14}

(a) General.

New York State Seal of Quality sweet corn shall be sweet corn that has similar varietal characteristics which are well trimmed, well developed, and which are free from smut, worms and decay and free from injury caused by rust and free from damage caused by discoloration, birds, other insects, other disease or mechanical or other means. Cobs shall be well filled with plump and milky kernels and fairly well covered with fresh husks. The length of each cob shall be not less than six inches and the ears shall not be clipped.

(b) Definitions.

(1) Similar varietal characteristics mean that the ears in any package have similar kernel color and character of growth. Ears of white and yellow corn shall not be mixed in the package.

(2) Well trimmed means that the ears are practically free from loose husks and that the shank shall be not more than four inches in length and not extend more than one inch beyond the point of attachment of the outside husk.

(3) Well developed means that the ears are fairly straight and are not stunted. Nubbins are not well developed ears.

(4) Rust injury means when the aggregate area on the husk exceeds one square inch, or when the rust extends deeper than two layers of husks.

(5) Plump and milky means that the kernels are well developed and the contents have a milky or creamy consistency.

(6) Well filled means that the edible quality or appearance of an ear is not affected to a greater extent than that of an ear six inches in length which has ¾ at tip end with undeveloped kernels or open spaces.

(7) Fresh means that the husks have good green color and are not wilted.

(8) Damage means any defect which materially affects the appearance, or the edible or shipping quality of the ear. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(i) discoloration caused by frost or spray burn, or similar types of discoloration when affecting an aggregate area of more than five square inches on the husk, or when exceeding an aggregate area of 50 percent of the surface of all blades attached to the husk;

(ii) worm injury when extending more than 3/4 inch from the tip of an ear six inches in length (proportionately greater or lesser amounts permitted on longer or shorter ears, respectively) or when affecting the kernels or husks on other parts of the ear;

(iii) mechanical damage when more than eight kernels are crushed or broken; and

(iv) birds, if more than eight kernels are discolored or punctured or if the husks have been penetrated in more than two areas.

(9) Fairly well covered means that the husk enclosing the ear is fairly tight and undisturbed except that an opening may have been made at the tip: provided, that the disturbed part has been properly replaced so that the appearance of the ear is not materially affected.

(c) Quantity.

The number of ears of corn in any package may be specified by count or in terms of dozens or half dozens. Variation from the number specified shall be permitted as follows: provided, that the average for the lot is not less than the number specified nor more than two ears greater than the number specified.

| Specified number per package | Variation permitted in individual packages | | --- | --- | | 60 ears or less | three ears under count, five ears over count | | More than 60 ears | four ears under count, six ears over count |

(d) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances by count shall be permitted:

(1) For defects. Ten percent, by count, in any lot for ears of corn which fail to meet the requirements of the specifications, included therein not more than five percent serious damage including therein not more than one percent for decay and two percent having worms present.

(2) For off-size. Five percent, by count, in any lot for ears of corn which fail to meet the requirements as to length of cob.

(e) Application of tolerances.

The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations: provided, that the averages for the entire lot are within the tolerances specified:

(1) For a tolerance of 10 percent or more, individual packages in any lot may contain not more than one and one-half times the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package.

(2) For a tolerance of less than 10 percent, individual packages in any lot may contain not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package.

(f) Packing.

Sweet corn must be packed in new wire-bound crates or other standard containers subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(g) Markings.

Each container of sweet corn packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.15 Cucumber standards {#sec-1-crr-ny-162.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.15}

(a) General.

New York State Seal of Quality cucumbers shall be cucumbers which are well formed, well colored, not overgrown and which are fresh, firm, clean and free from decay, sunscald, and unhealed fresh cuts and from injury caused by scars and from damage caused by yellowing, sunburn, foreign material, freezing, mosaic or other disease, insects, healed cuts, bruises, mechanical or other means.

(b) Definitions.

(1) Well colored means not less than 3/4 of the surface of the cucumber is of a medium green or darker color and that at least a light green color extends to the blossom end on one side of the cucumber.

(2) Well formed means the cucumber is practically straight and not more than very slightly tapered or pointed.

(3) Injury by scars means scars which aggregate more than the area of a circle 3/8 inch in diameter on a cucumber seven inches in length or correspondingly greater areas of scars on larger cucumbers.

(4) Damage, unless otherwise specifically defined in this section, means any defect or combination of defects which materially affects the appearance, or the edible or shipping quality of the cucumber.

(5) Serious damage, unless otherwise specifically defined in this section, means any defect or combination of defects which seriously affects the appearance or the edible or shipping quality of the cucumber.

(6) Damage by bruises means when materially affecting the appearance or when affecting an aggregate area greater than that of a circle 2 ¼ inches in diameter. Serious damage by bruising which seriously affects the appearance or affecting more than ⅓ of the surface of the cucumber.

(7) Serious damage by scars means when aggregating more than the area of a one inch circle on a cucumber seven inches in length or corresponding more on cucumbers longer in length.

(8) Badly deformed means the cucumber is so badly curved, constricted, tapered, or otherwise so badly misshapen that the appearance is seriously affected.

(9) Fresh means the cucumbers have a bright attractive luster. They cannot be wilted, limp, shriveled or yellow.

(10) Clean means the cucumbers are practically free from dirt or staining.

(11) Firm means the cucumbers are plump, feel firm to moderate under pressure, are not shriveled noticeably at the ends and are fresh and meaty.

(12) Damage by shriveled ends means cucumbers which show a puckering of the skin at one or both ends indicate that the flesh is tough and rubbery and likely to have a bitter taste.

(13) Damage by pulled ends means when injury is healed and dry and causing more than ⅜ inch in the aggregate and over ⅛ inch in depth. Serious damage by pulled ends, when unhealed or causing more than ⅝ inch in the aggregate and over ¼ inch in depth.

(c) Size.

The maximum diameter or each cucumber shall be not more than 2 3/8 inches and the length of each cucumber shall be not less than six inches and not more than 10 inches in length, not more than two inches variation in length.

(d) Tolerances.

In order to allow for variation incident to proper grading and handling the following tolerances by count are provided:

(1) For defects. Ten percent for cucumbers in any lot which fail to meet the requirements of the grade, included therein not more than five percent for cucumbers which are seriously damaged by any means and including therein not more than one percent for decay.

(2) For off-size. Ten percent for cucumbers in any lot which fail to meet the length requirements including therein not more than five percent for under minimum length, five percent for cucumbers which fail to meet the requirements for maximum diameter.

(e) Application of tolerances.

The contents of individual packages in the lot are subject to the following limitations: provided that the averages for the entire lot are within the tolerances specified for the grade. For a tolerance of 10 percent or more individual packages in any lot shall have not more than 1 ½ times the tolerance specified, except when the package contains 15 specimens or less, individual packages shall have not more than double the tolerance specified and for a tolerance of less than 10 percent, individual packages in any lot shall have not more than double the tolerance specified except that at least one defective and one off-size specimen may be permitted in any package.

(f) Packing.

Cucumbers must be packed in new bushel or 1 1/9 bushel cartons or new bushel baskets with covers or any other new standard container subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(g) Markings.

Packaging shall be properly marked with name and address of grower, packer or shipper and net weight, volume or count, product name, and labeled with the official seal designation.

1 CRR-NY 162.16 Egg standards {#sec-1-crr-ny-162.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.16}

(a) General.

New York State Seal of Quality eggs must be produced and packed in New York State.

(b) Quality.

Seal of Quality eggs shall consist of a combination of Grades AA and A quality eggs. Eggs will be graded according to the U.S.D.A. Regulations Governing the Grading of Shell Eggs and United States Standards, Grades, and Weight Classes for Shell Eggs, (7 CFR part 56). Additionally, each lot of eggs shall meet the following requirements:

(1) Eggs identified with NYS Grade AA, US Grade AA or Grade AA.

(i) Origin. Each lot shall contain at least 87 percent AA quality eggs. Each sample case shall contain at least 77 percent AA quality. The maximum tolerance of 13 percent which may be below AA quality may consist of A or B quality in any combination except that, within the tolerance for B quality not more than one percent are B quality due to air cells over ⅜ inch, blood spots (aggregating not more than ⅛ inch in diameter), or serious yolk defects; not more than 0.50 percent leakers, dirties and loss (due to meat or blood spots) in any combination except that such loss may not exceed 0.30 percent. No other types of loss and no more than five percent checks are permitted. No individual sample case may contain more than nine percent checks.

(ii) Destination. Each lot shall contain at least 72 percent AA quality eggs. Each sample case shall contain at least 62 percent AA quality eggs. In the remaining tolerance of 28 percent, at least 10 percent shall be A quality and the remainder B quality, except that, within the tolerance for B quality not more than one percent may be B quality due to air cells over ⅜ inch, blood spots (aggregating not more than ⅛ inch in diameter), or serious yolk defects; and not more than 0.50 percent leakers, dirties and loss (due to meat or blood spots) in any combination except that such loss may not exceed 0.30 percent. No other types of loss and no more than seven percent checks are permitted. No individual sample case may contain more than 10 percent checks.

(2) Eggs identified with NYS Grade A, US Grade A, or Grade A.

(i) Origin. Each individual sample case and each lot shall contain a minimum of 50 percent AA quality eggs. The remainder of the eggs in the lot shall be A quality within which a tolerance of 10 percent of the eggs may be below A quality provided not more than one percent are B quality due to air cells over 3/8 inch, blood spots (aggregating not more than ⅛ inch in diameter), or serious yolk defects; not more than 0.50 percent leakers, dirties and loss (due to meat or blood spots) in any combination except that such loss may not exceed 0.30 percent. No other types of loss and no more than five percent checks are permitted. No individual sample case may contain more than nine percent checks.

(ii) Destination. Each individual sample case and each lot shall contain a minimum of 33 ⅓ percent AA quality eggs. The remainder of the eggs in the lot shall be A quality within which a tolerance of 15 percent of the eggs may be below A quality provided not more than one percent may be B quality due to air cells over ⅜ inch, blood spots (aggregating not more than ⅛ inch in diameter), or serious yolk defects; and not more than 0.50 percent leakers, dirties and loss (due to meat or blood spots) in any combination except that such loss may not exceed 0.30 percent. No other types of loss and no more than seven percent checks are permitted. No individual sample case may contain more than 10 percent checks.

(c) Sanitizing.

(1) Washed eggs shall be spray rinsed with warm water containing an approved sanitizer of not less than 50 ppm nor more than 200 ppm of available chlorine or its equivalent.

(2) Test kits shall be used by all packers to determine the strength of the sanitizing solution.

(d) Packing.

(1) Seal of Quality eggs must meet the weight classes as set forth in section 56.218 of title 7 of the Code of Federal Regulations for extra large, large, medium and small. Jumbos are not permitted under the Seal of Quality program.

(2) Eggs packed under the Seal of Quality shall not be mixed as to color.

(3) All packages are subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(e) Markings.

(1) All cartons or cases of eggs packaged or offered for sale under Seal of Quality must have affixed the official seal designation.

(2) All eggs packed under the Seal of Quality program must have an expiration date placed on cartons. The expiration date must not exceed 30 days from day of pack (including day of pack). The permit number or the U.S.D.A. plant number of the actual packer must also appear on cartons.

1 CRR-NY 162.17 Grape standards {#sec-1-crr-ny-162.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.17}

(a) General.

New York State Seal of Quality grapes shall be bunches of grapes of one variety (except when designated as assorted varieties) which are mature and well colored. The berries are firm, firmly attached to capstems, and are not split, shattered, crushed, dried or wet, and are free from decay, mold, mildew, berry moth, russeting and hail, and free from damage caused by freezing, disease, insects or other means.

(b) Definitions.

(1) Mature means that the grapes are juicy, palatable and have reached that stage of development at which the skin or the berry easily separates from the pulp. Frozen or slightly frosted stock is not to be confused with mature stock.

(2) Firm means that the berry is reasonably turgid and does not yield more than slightly to moderate pressure.

(3) Well colored means that the berries show full color characteristics of the variety.

(4) Shattered means that the berry is separated from the bunch and may or may not have the capstem attached.

(5) Compact means that the bunches are well filled and have no open spaces.

(6) Fairly compact means that the bunches are well filled but that the berries are not closely spaced as in compact bunches.

(7) Damage means any specific defect described in this section; or an equally objectionable variation of this defect, any other defect, or any combination of defects which materially detracts from the appearance or the edible or shipping quality or the individual berry or the bunch as a whole. The following specific defects shall be considered as damage:

(i) Mildew. When detracting from the appearance of the individual berry or the bunch as a whole. Berries on the inside of the bunch which show only slight traces of mildew are not considered damaged.

(ii) Spray residue. When the residue is heavy enough to more than slightly detract from the appearance of the bunch.

(8) Serious damage means any defect or combination of defects, which seriously detracts from the appearance or edible or shipping quality of the individual berry or the bunch as a whole. The following specific defect shall be considered as serious damage:

(i) Spray residue. When the residue is heavy enough to more than moderately detract from the appearance of the bunch.

(9) Desirable market appearance means that individual berries or bunches are generally free from readily visible defects or imperfections which more than slightly detract from the appearance of the grapes.

(c) Size.

(1) Not less than 90 percent, by count, or the berries, exclusive of dried berries, on each bunch shall have a minimum diameter of 9/16 of an inch, unless otherwise specified.

(2) At least 50 percent of the bunches in the containers are compact. They are not excessively small, except that compact portions of bunches consisting of not less than 10 berries may be used to fill open spaces between whole bunches.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances by weight are permitted:

(1) five percent for bunches in any lot which are straggly;

(2) ten percent for bunches in any lot which fail to meet the requirements for minimum diameter of berries; and

(3) ten percent for bunches and berries in any lot which fail to meet the remaining requirements of this grade, including therein not more than ½ this amount, or five percent, for berries which are seriously damaged: provided, that included in this latter amount not more than one percent may be permitted for berries affected by mold or decay, and not more than one percent for dried berries, and not more than ½ of one percent for berries affected by berry moth.

(e) Application of tolerances.

The contents of individual packages in the lot based on sample inspection, are subject to the following limitations, provided that the averages for the entire lot are within the tolerances specified for the grade.

(1) Individual packages which contain more than five pounds shall contain not more than 1 ½ times a tolerance of 10 percent or more and not more than double a specified tolerance of less than 10 percent.

(2) Individual packages which contain five pounds or less shall contain not more than three times the specified tolerance.

(f) Packing.

Grapes shall be packed in new one, two, four or eight quart containers, or any other new standard containers subject to the approval of the Department of Agriculture and Markets, which are properly marked to include: variety or varieties (when packed as mixed varieties), name and address of grower, packer or shipper and volume. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(g) Markings.

In addition to the marking requirements mentioned above, grapes packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.18 Grape juice standards {#sec-1-crr-ny-162.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.18}

(a) General.

New York State Seal of Quality grape juice shall be exclusively derived from grapes grown in New York State and said products shall be in compliance with applicable trademark rules and regulations, and the following product and processing facility requirements.

(b) Definitions.

(1) Absence of defects means to the degree of freedom from sediment and other residue, from tartrate crystals, from particles of pulp, from particles of seed and from any other defects.

(2) Practically free from defects means that the grape juice may possess a slight amount of sediment and residue of an amorphous nature; may possess not more than a trace of sediment and residue of a nonamorphous nature; is practically free from tartrate crystals; and is free from particles of skin, particles of pulp, particles of seed and from any other defects.

(3) Good flavor means that the flavor is a distinct and normal flavor, typical of well-matured grapes and that the grape juice is free from any trace of scorching, caramelization, and objectionable flavors and objectionable odors of any kind. To score in this classification grape juice shall meet the following additional requirements:

(i) Brix: Not less than 15.0 degrees.

(ii) Acid: Not less than 0.60 grams per 100 ml. nor more than 1.20 grams per 100 ml., calculated as tartaric.

(iii) Brix-acid ratio: Not less than 18 to 1 nor more than 28 to 1.

(iv) Except: Types II and III grape juice which fails to meet the requirement for brix shall be allowed to test not less than 13.0 degrees brix provided that the acid is not less than 0.60 grams per 100 ml. nor more than 1.20 grams per 100 ml. calculated as tartaric acid and provided further that the brix acid ratio shall be not less than 18 to 1 nor more than 28 to 1.

(c) Product.

Seal of Quality grape juice shall be unfermented grape juice obtained from properly matured fresh grapes. Such grape juice is packed without concentration without dilution, without the addition of sweetening ingredients, and so processed as to assure preservation of the product or packaged in hermetically sealed containers, further provided, however, that said product is so handled as to insure nonfermented product offering.

(d) Types of grape juice.

(1) Type I—Concord type (prepared from grapes of the slip-skin varieties of the Labruscana species).

(2) Type II—Any type other than Concord type (prepared from a single variety of grapes other than Concord type).

(3) Type III—Blended type (prepared from two or more varieties of grapes).

(e) Specifications.

Seal of Quality grape juice is grape juice from which tartrate crystals have been removed; that possesses a good color; that is practically free from defects; and that possesses a good flavor.

(f) Color.

Good color has the following meanings with respect to the types of grape juice.

(1) Type I—A bright purple or bright reddish-purple color typical of properly prepared and properly processed juice from Concord type grapes.

(2) Types II and III—A bright color typical of properly prepared and properly processed juice characteristic of the varietal types or varietal types from which prepared.

(g) Inspection and sampling.

When samples are submitted for grading the applicant must specify type.

(h) Processing facility.

Seal of Quality grape juice processing and packaging is restricted to those plants possessing a current Department of Agriculture and Markets, article 20-C processing license and these plants must maintain a satisfactory inspection record.

(i) Containers and markings.

All grape juice containers are subject to approval by the Department of Agriculture and Markets and have affixed the official Seal of Quality designation. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

1 CRR-NY 162.19 Iceberg lettuce standards {#sec-1-crr-ny-162.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.19}

(a) General.

New York State Seal of Quality iceberg lettuce shall be heads of lettuce that are of similar varietal characteristics, fresh, green, not soft, not burst; free from decay, worm injury, russet spotting, doubles; free from damage by tipburn, downy mildew, field freezing, discoloration, or any other cause. Each head shall be fairly well trimmed.

(b) Definitions.

(1) Similar varietal characteristics means that the heads in any container have the same characteristic leaf growth. For example, lettuce of the Iceberg and Big Boston types shall not be mixed.

(2) Fresh means that the head as a whole has normal succulence and the wrapper leaves and the outermost head leaves are not more than slightly wilted.

(3) Green means that one-half or more of the exterior surface of the head, exclusive of the wrapper leaves, has at least a light green color.

(4) Burst means that the head is split or broken open.

(5) Doubles means two heads on the same stem.

(6) Closely trimmed means that the butt is trimmed off closely below the point of attachment of the outer leaves, and that on a head of Iceberg type lettuce, wrapper leaves does not exceed three in number.

(7) Cap leaf is the first head leaf. This is the outermost leaf which fairly closely enfolds the compact portion of the head, some portion of which extends to the top of the crown. The tip of the leaf may be separated from the head: provided, that the separation does not exceed more than 1 ¼ inches (31.8 mm) in height from the compact portion of the head.

(i) All leaves outside of the cap leaf are wrapper leaves.

(ii) On enlongated or pointed heads the inner leaves that closely enfold the head three-fourths of their length are head leaves.

(8) Damage means any specific defect or any combination of defects which materially detracts from the appearance, or the edible or marketing quality of the lettuce.

(9) Serious damage means any specific defect or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the lettuce.

(c) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances, by count, shall be permitted in any lot:

(1) For defects. Eight percent for heads of lettuce which fail to meet the requirements of the specifications: provided, that included in the amount not more than three percent shall be allowed for soft heads; and provided further, that not more than four percent shall be allowed for defects causing serious damage; included in this latter amount not more than two percent for heads which are affected by decay on the wrapper leaves and not more than one percent for heads which are affected by decay on the compact portion of the head.

(d) Application of tolerances.

In order to meet the requirements of the specifications, the average percentage of defective specimens in the lot, based on sample inspection shall be within the tolerance specified, and the number of defective specimens in individual packages shall be within the limitations set forth in the following table:

| Lot tolerance, percent | | Total number of defective heads permitted in any package | | | | --- | --- | --- | --- | --- | | | 24 | 18 or 20 | 30 | over 30 | | 1 | 1 | 1 | 2 | 2 | | 2 | 2 | 2 | 2 | 2 | | 3 | 3 | 2 | 3 | 4 | | 4 | 3 | 3 | 4 | 4 | | 5 | 3 | 3 | 4 | 5 | | 8 | 5 | 4 | 6 | 7 |

(e) Solidity.

Solidity of lettuce may be specified in connection with the grade in accordance with any of the following classifications:

(1) Hard means that the head is compact and solid. This term represents the highest degree of solidity.

(2) Firm means that head is compact, but may yield slightly to moderate pressure.

(3) Fairly firm means that although the head is not firm, it is not soft and spongy, and has good head formation.

(4) Soft means that the head is easily compressed or spongy.

(f) Packing.

The following terms should be used in describing the tightness of pack. Lettuce shall be vacuum cooled and in new closed standard cartons.

(1) Excessively tight means that the heads are so tightly packed that they are damaged by pressure causing distortion or crushing of the heads or breaking of the midribs. The term should be used only when such is the case.

(2) Tight means that the layers are completely and tightly filled without injury to the heads. This represents the most desirable pack.

(3) Fairly tight means that the layers are filled, but the pack is somewhat loosely arranged, and in cartons usually additional heads, but not a complete row, can be inserted.

(4) Slack means that the pack is very loose in layers and in standard cartons an additional row or layer can be added.

All packages are subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(g) Markings.

Iceberg lettuce packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.20 Maple syrup standards {#sec-1-crr-ny-162.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.20}

(a) General.

New York State Seal of Quality maple syrup shall be in compliance with applicable trademark rules and regulations and the following requirements.

(b) Definition of maple syrup.

Maple syrup means the liquid made by the evaporation of pure sap or sweet water obtained tapping a maple tree. Maple syrup shall be produced and packed in New York State. Maple syrup contains minimum soluble solids of 66.0 percent and maximum soluble solids of 68.9 percent.

(c) Grades.

The only grades of maple syrup upon which the Seal of Quality may be used are the grades of maple syrup set forth in section 270.1(b)(2)(i)-(iv) of this Title. This syrup shall not be fermented or turbid and have no objectionable odors, off-colors, or sediment.

(d) [Reserved]

(e) Packing.

(1) All maple syrup upon which the Seal of Quality may be used shall be filtered at the time of packing and packed at a temperature of at least 180°F.

(2) The packer shall accept for replacement any containers of maple products which have been opened for inspection by Department of Agriculture and Markets’ inspectors at shipping point (producer sugar house). Such products are to be replaced with unopened containers of equal quality, ensuring hot-pack conditions. At the retail level the Department of Agriculture and Markets will pay for the maple syrup before the inspection process takes place.

(f) Containers and markings.

(1) The maple syrup is to be packed in new standard retail containers subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(2) All packages of maple syrup offered or exposed for sale shall be plainly marked as to grade, producer's name and address, state of origin (i.e., New York State), and must have affixed the official seal designation (i.e., Seal of Quality). Also, each package shall be marked with a code date (i.e., Pack Date).

1 CRR-NY 162.21 Mushroom standards {#sec-1-crr-ny-162.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.21}

(a) General.

New York State Seal of Quality mushrooms shall be fresh mushrooms of similar varietal characteristics which are mature, fairly well shaped, provided 50 percent of the lot is well shaped, well trimmed, free from open veils, disease, spots, insect injury and decay, and from damage by any cause.

(b) Definitions.

(1) Similar varietal characteristics means that the mushrooms are of the same general color. For example, white and brown mushrooms shall not be mixed in the same container.

(2) Mature means that the mushroom is firm and well developed; the veil area may be stretched but not broken.

(3) Well shaped means that the mushroom cap is not flattened, scalloped, indented or otherwise deformed to an extent which slightly detracts from the appearance or marketing quality.

(4) Fairly well shaped means that the mushroom cap is not flattened, scalloped, indented or otherwise deformed to an extent which materially detracts from the appearance or marketing quality.

(5) Well trimmed means that the stems are smoothly cut, free from rough fleshy butts, the flared portion of the butt is removed and the remaining portion of the stem does not exceed the depth of the cap.

(6) Open veils means that the cap has expanded to the extent that the protective covering or veils joining the margin of the cap to the stem have broken and exposed the gills or underside of the cap.

(7) Spots means pitted or discolored areas.

(8) Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which materially detracts from the appearance or the edible or marketing quality of the individual mushroom or of the mushrooms in the lot. The following specific defects shall be considered as damage:

(i) Discoloration when the color of the cap or stem materially affects the appearance or marketing quality of the mushrooms.

(ii) Dirt when any amount is embedded in the cap or stem.

(9) Length of stem means the greatest distance as measured from the point of attachment of the veils on the stem to the butt.

(10) Diameter means the greatest dimension of the cap measured at right angles to the stem.

(c) Size.

Size is specified in terms of diameter and unless otherwise specified meets the requirements of one of the following size classifications:

(1) Small to medium—up to 1 5/8 inches in diameter.

(2) Large—over 1 5/8 inches in diameter.

(d) Tolerance.

In order to allow for variations incident to proper grading and handling the following tolerances, by weight, are provided as specified:

(1) For defects. Five percent for mushrooms in any lot which fail to meet the requirements of these specifications, but not more than one-fifth of this amount or one percent shall be allowed for mushrooms affected by disease, spots or decay.

(2) For off-size. Ten percent for mushrooms in any lot which fail to meet the specified size requirements.

(e) Application of tolerances.

The contents of individual packages in the lot, based on sample inspection are subject to the following limitations:

(1) For a tolerance of 10 percent or more, individual packages in any lot shall have not more than one and one-half times the tolerance specified: provided, that the average for the entire lot is within the tolerance specified.

(2) For a tolerance of less than 10 percent, individual packages in any lot shall have not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package: provided, that the average for the entire lot is within the tolerance specified.

(f) Packing.

Mushrooms must be packed in new standard containers subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(g) Markings.

Each container or display of mushrooms offered for sale under the Seal of Quality program shall have the official seal designation.

1 CRR-NY 162.22 Onion standards {#sec-1-crr-ny-162.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.22}

(a) General.

New York State Seal of Quality onions shall be onions of similar varietal characteristics which are clean, mature, fairly firm, fairly well shaped and which are free from decay, wet sunscald, doubles, bottlenecks, scallions and free from damage caused by seedstems, splits, tops, roots, dry sunscald, sunburn, sprouts, freezing, peeling, cracked fleshy scales, watery scales, dirt or staining, foreign matter, disease, insects or other means.

(b) Definitions.

(1) Clean means the onions are practically free from dirt or other foreign material.

(2) Damage means any specific defect as outlined in the United States Standards for Grades of Onions (other than Bermuda - Granex - Grano and Creole, revised, effective 10/1/71). Exceptions being:

(i) Dry roots when individual onions have dry roots two inches in length or longer.

(ii) Surface mold when individual onions are damaged when the equivalent of more than 25 percent of the surface is affected by thinly scattered surface mold, or more than 10 percent of the surface is affected by heavily concentrated surface mold.

(iii) Staining when individual onions are damaged when more than 25 percent of the surface is affected by staining or discoloration caused by weathering or other means.

(iv) Sprouts at shipping point when any sprout, regardless of length, whether concealed or visible. At retail level: When visible or when concealed within the dry top and more than 3/4 inch in length on an onion two inches or larger in diameter.

(3) Serious damage means any specific defect as outlined in the United States Standards for Grades of Onions (other than Bermuda - Granex -Grano and Creole, revised, effective 10/1/71). Exceptions being:

(i) Surface mold when individual onions are seriously damaged when the equivalent of more than 50 percent of the surface is affected by thinly scattered mold or more than 20 percent of the surface is affected by heavily concentrated surface mold.

(ii) Staining when individual onions are seriously damaged by staining when more than 50 percent of the surface is affected by staining or discoloration caused by weathering or other means.

(c) Size.

The onions shall be not less than 1 3/4 inches in diameter and shall have not less than 85 percent, by weight, of the onions in any lot two inches or larger in diameter.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling the following tolerances by weight are provided:

(1) For defects. Not more than 20 percent of the onions may be damaged by dry roots, peeling, staining or surface molds; including therein not more than 10 percent for onions which are damaged by any one of these factors; included in this latter amount not more than five percent for onions which are seriously damaged by staining or surface molds; and five percent for onions which fail to meet the remaining requirements of the specification; included in this latter amount not more than one percent for onions which are affected by decay or wet sunscald.

(2) For size. Not more than five percent of the onions in any lot may be below the minimum size, and not more than 10 percent may be above any specified maximum size. Individual packages must contain at least 50 percent two inch and larger onions, except that individual packages containing 10 pounds or less shall have no requirement as to the percentage of two inch or larger: provided, that any lot regardless of package size shall average within the percentage specified.

(e) Application of tolerances.

(1) Packages which contain more than 10 pounds shall have not more than one and one-half times a specified tolerance of 10 percent and not more than double a tolerance of less than 10 percent, except that at least one defective and one off-size onion may be permitted in any package: provided, that the averages for the entire lot are within the tolerances specified.

(2) Packages which contain 10 pounds or less shall have not more than three times the tolerance specified except that at least one defective and one off-size onion may be permitted in any package: provided, that the averages for the entire lot are within the tolerances specified.

(f) Sample for grade and size determinations.

For packages containing 25 pounds or less, the entire contents of that package shall be the unit of inspection. For packages over 25 pounds, the sample size shall be at least 25 pounds.

(g) Packing.

Onions shall be packed in new containers subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(h) Markings.

Each container of onions packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.23 Parsnip standards {#sec-1-crr-ny-162.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.23}

(a) General.

New York State Seal of Quality parsnips shall be washed parsnips of similar varietal characteristics which are well trimmed, fairly well formed, provided 50 percent of the lot is well formed, fairly smooth, clean, firm, free from woodiness, soft rot or wet breakdown, and from damage caused by discoloration, bruises, cuts, rodents, growth cracks, pithiness, disease, insects, mechanical or other means.

(b) Definitions.

(1) Similar varietal characteristics means that the parsnips in any lot are of the same general type.

(2) Well trimmed means that the tops shall be cut back to within 3/4 inch from the crown of the parsnips; except that occasional uncut leaves or leaf stems or new top growth exceeding this length which does not materially damage the appearance of the lot shall be permitted.

(3) Well formed means that the individual parsnip is not forked, or misshapen to the extent that the appearance is more than slightly affected.

(4) Fairly well formed means that the parsnip is not turnip shaped or so forked or misshapen as to materially affect its appearance or cause a loss of more than five percent, by weight, in the ordinary preparation for use.

(5) Clean means that individual parsnips are practically free from dirt, stain, or other foreign matter, and that the general appearance of the parsnips in the lot is not more than slightly affected by these causes.

(6) Firm means that the parsnip is not soft, flabby, or shriveled.

(7) Damage means any defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the individual parsnip, or the parsnips in the lot; or which causes a loss of more than five percent, by weight, of the parsnip in the ordinary preparation for use.

(8) Badly misshapen means that the parsnip is so badly crooked, twisted, forked, or otherwise so misshapen as to seriously affect its appearance or cause a loss of more than 10 percent, by weight, of the parsnip in the ordinary preparation for use.

(9) Serious damage means any defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the individual parsnip or the parsnips in the lot; or which causes a loss of more than 10 percent, by weight, of the parsnip in the ordinary preparation for use.

(10) Diameter means the greatest dimension of the parsnip measured at right angles to the longitudinal axis.

(c) Size.

Unless otherwise specified, the diameter of each parsnip shall be not less than 7/8 inch. The maximum diameter of the parsnips in any lot may be specified in terms of inches and quarter inches, in accordance with the facts.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances by count are provided as specified:

(1) For defects. Ten percent for parsnips in any lot which fail to meet the requirements, provided that not more than one-half of this amount, or five percent, shall be allowed for defects causing serious damage including therein not more than one percent for parsnips affected by soft rot.

(2) For size. Three percent for parsnips in any lot which fail to meet the specified minimum diameter and 10 percent for parsnips which fail to meet any specified maximum diameter.

(e) Application of tolerances.

Individual samples shall not have more than double the tolerance specified, provided that not more that one parsnip which is frozen or affected by soft rot may be permitted in any package weighing approximately three pounds or less; and provided further, that the averages of the entire lot are within the tolerances specified for the grade. Individual samples may not contain less than 40 percent well formed.

(f) Sample for grade determination.

Each sample shall consist of 50 parsnips. When individual packages contain at least 50 parsnips, the sample is drawn from one package; when individual packages contain less than 50 parsnips, a sufficient number of adjoining packages are opened to form a 50 parsnip sample.

(g) Packing.

Parsnips must be packed in new ¼ or ½ bushel crates or cartons, one bushel or 1 1/9 bushel cartons, 25 pound sacks, master containers containing 12-one pound film bags or other new standard containers subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(h) Markings.

Each package or display of parsnips shall be plainly labeled with the official Seal of Quality designation.

1 CRR-NY 162.24 Pear standards {#sec-1-crr-ny-162.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.24}

(a) General.

New York State Seal of Quality pears shall be pears of one variety which are mature, but not further advanced than firm ripe, carefully hand-picked, clean, fairly well formed, free from decay, internal breakdown, scald, freezing injury, worm holes, black end, free from injury by hard end, and from damage caused by bruises, broken skins, russeting, limbrubs, hail, scars, cork spot, drought spot, sunburn, sprayburn, stings or other insect injury, disease, or mechanical or other means.

(b) Definitions.

(1) Size means the greatest transverse diameter of the pear taken at right angles to a line running from the stem to the blossom end.

(2) Mature means that the pear has reached the stage of maturity which will insure the proper completion of the ripening process.

(i) Before a mature pear becomes over-ripe it will show varying degrees of firmness depending upon the stage of the ripening process. Therefore, a statement of firmness should be given in order to indicate the stage of the ripening process. A description of the ground color should also be given.

(ii) The following terms should be used for describing the ground color: green, light green, yellowish green, and yellow.

(iii) The following terms should be used for describing the firmness of pears.

(a) Hard means that the flesh of the pear is solid and does not yield appreciably even to considerable pressure.

(b) Firm means that the flesh of the pear is fairly solid but yields somewhat to moderate pressure.

(c) Firm-ripe means that the flesh of the pear yields readily to moderate pressure.

(d) Ripe means that the pear is at the stage where it is in its most desirable condition for eating.

(3) Over-ripe means dead ripe, very mealy or soft, past commercial utility.

(4) Carefully hand-picked means that the pears do not show evidence of rough handling or of having been on the ground.

(5) Fairly uniform means not more than five percent of the pears in the container, vary more than 3/4 inch in diameter.

(6) Clean means free from excessive dirt, dust, spray residue or other foreign material.

(7) Well formed means having the shape characteristic of the variety. Slight irregularities of shape from type which do not appreciably detract from the general appearance of the fruit shall be considered well formed.

(8) Black end means an abnormally deep green color around the calyx, or black spots usually occurring on the one-third of the surface nearest to the calyx, or by an abnormally shallow calyx cavity.

(9) Fairly well formed means that the pear may be slightly abnormal in shape but not to an extent which detracts materially from the appearance of the fruit. Winter Nelis pears with characteristic slight sutures or with slight flattening on one side and/or other slight irregularities which do not materially detract from the general appearance of the pear shall be considered fairly well formed.

(10) Injury by hard end means when causing more than a slight protrusion at the blossom end.

(11) Damage means any injury or defect which materially affects the appearance or the edible or shipping quality.

(i) Hard end shall be considered as damage if the pear shows an abnormally yellow color at the blossom end, or an abnormally smooth rounded base with little or no depression at the calyx, of if the flesh near the calyx is abnormally dry and tough or woody.

(ii) Slight handling bruises and package bruises such as are incident to good commercial handling in the preparation of a tight pack shall not be considered damage.

(iii) Any pear with one skin break larger than 3/16 inch in diameter or depth, or with more than one skin break one-eighth inch or larger in diameter or depth shall be considered damaged, and scored against the grade tolerance.

(a) Small inconspicuous skin breaks, less than ⅛ inch in diameter or depth, shall not be considered damage. In addition, not more than 10 percent of the pears in any container may have not more than one skin break from ⅛ inch to 3/16 inch, inclusive, in diameter or depth.

(iv) Russeting which exceeds the following shall be considered as damage:

(a) On all varieties excessively rough russeting (russeting which shows “frogging” or slight cracking) when the aggregate area exceeds½ inch in diameter.

(b) On bartlett and other smooth-skinned varieties, slightly rough russeting, or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds ¾ inch in diameter.

(c) On bartlett and other smooth-skinned varieties, smooth solid or smooth netlike russeting when aggregate area exceeds 15 percent of the surface, except that, in addition, on smooth-skinned varieties, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than ½ inch along the contour of the pear, when it is placed calyx end down on a flat surface.

(d) On bosc, rough or thick russeting such as is characteristic of frost injury, when the aggregate area exceeds ¾ inch in diameter. Any amount of characteristic russeting is permitted whether due to natural causes such as weather or stimulated by artificial means; leaf whips or light limbrubs which resemble and blend into russeted areas shall be considered as russet.

(v) Any one of the following defects or any combination thereof, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(a) Any limbrubs which are cracked, softened, or more than slightly depressed.

(b) Black discoloration caused by limbrubs which exceeds an aggregate area of 3/8 inch in diameter.

(c) Dark brown discoloration or excessive roughness caused by limbrubs which exceeds an aggregate area of ½ inch in diameter.

(d) Slightly rough, light colored discoloration caused by limbrubs which exceeds an aggregate area of ¾ inch in diameter.

(e) Smooth, light colored discoloration caused by limbrubs which exceeds an aggregate area of one inch in diameter.

(f) Hail marks or other similar depressions or scars which are not shallow or superficial, or where the injury affects an aggregate area of more than 3/8 inch in diameter.

(g) Cork spot when more than one in number is visible externally or when the flesh is materially affected.

(h) Drought spot when more than one in number, or when the external injury exceeds an aggregate area of 3/8 inch in diameter or when the appearance of the flesh is materially affected by corky tissue or brownish discoloration.

(i) Sunburn or sprayburn where the skin is blistered, cracked or shows any light tan or brownish color or the shape of the pear is appreciably flattened, or the flesh appreciably softened or changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting.

(j) Insects.

(1) More than two healed codling moth stings, or any insect sting which is over 3/32 of an inch in diameter, or other insect stings affecting the appearance to an equal extent.

(2) Blister mite or canker worm injury is not shallow or superficial, or where the injury affects an aggregate area of more than 3/8 inch in diameter.

(k) Disease.

(1) Scab spots which are black and which cover an aggregate area of more than 1/4 inch in diameter, except that scab spots of a russet character shall be considered under the definition of russeting.

(2) Sooty blotch which is thinly scattered over more than five percent of the surface, or dark heavily concentrated spots which affect an area of more than 3/8 inch in diameter.

(12) Seriously misshapen means that the pear is excessively flattened or elongated for the variety, or is constricted or deformed so it will not cut three fairly uniform good quarters, or is so badly misshapen that the appearance is seriously affected.

(13) Serious damage means any injury or defect which seriously affects the appearance, or the edible or shipping quality.

(i) Russeting which in the aggregate exceeds the following shall be considered as serious damage.

(a) On all varieties, excessively rough russeting (russeting which shows “frogging” or slight cracking) when aggregate area exceeds 3/4 inch in diameter.

(b) On all varieties, thick russeting such as is characteristic of frost injury 15 percent of the surface.

(c) On bartlett and other smooth-skin varieties, smooth solid or smooth netlike russeting when the aggregate area exceeds 2/3 of the surface, except that, in addition, any amount of characteristic smooth russeting shall be permitted on that portion of the calyx end not visible for more than ½ inch along the contour of the pear, when it is placed calyx end down on a flat surface.

(ii) Any one of the following defects or combination thereof, the seriousness of which exceeds the maximum allowed for any one defects, shall be considered as serious damage.

(a) Limbrubs which are more than slightly cracked, or excessively rough limbrubs or dark brown or black discoloration caused by limbrubs which exceeds an aggregate area of ¾ inch in diameter.

(b) Other limbrubs which affect an aggregate area of more than 1/10 of the surface.

(c) Hail marks or other similar depressions or scars which affect an aggregate area of more than ¾ inch in diameter, or which materially deform or disfigure the fruit.

(d) Cork spot when more than two in number are visible externally or when the flesh is seriously affected.

(e) Drought spot when more than two in number, or where the external injury affects an aggregate area of more than ¾ inch in diameter, or when the appearance of the flesh is seriously affected by corky tissue or brownish discoloration.

(f) Sunburn or sprayburn where the skin is blistered, cracked or shows any brownish color, or where the shape of the pear is materially flattened, or the flesh is softened or materially changed in color, except that sprayburn of a russet character shall be considered under the definition of russeting.

(g) Insects.

(1) Worm holes. More than three healed coding moth stings, of which not more than two may be over 3/32 seconds of an inch in diameter, or other insect stings affecting the appearance to an equal extent.

(2) Blister mite or canker worm injury which affects an aggregate area of more than ¾ inch in diameter or when materially deforms or disfigures the fruit.

(h) Disease.

(1) Scab spots which are black, and which cover an aggregate area of more than½ inch in diameter, except that scab spots of a russet character shall be considered under the definition of russeting.

(2) Sooty blotch which is thinly scattered over more than 15 percent of the surface, or dark heavily concentrated spots which affect an area of more than¾ inch in diameter.

(c) Size.

Except for the seckel variety the minimum size shall be not less than 2 1/4 inches. Individual containers must also be fairly uniform.

(d) Tolerances.

(1) For defects. In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent of the pears, by count, in any lot may fail to meet the requirements: provided, that not more than five percent shall be seriously damaged and not more than one percent shall be allowed for decay or internal breakdown.

(2) For size. In order to allow for variations incident to proper sizing, not more than five percent of the pears in any lot may fail to meet minimum size requirements; and 20 percent for containers failing to meet fairly uniform size requirement.

(3) An additional tolerance of five percent for pears further advanced in maturity than firm ripe.

(e) Application of tolerances.

The contents of individual packages in the lot based on sample inspection, are subject to the following limitations, provided the averages for the entire lot are within the tolerances specified.

(1) For packages which contain more than 10 pounds, and a tolerance of 10 percent or more is provided, individual packages in any lot shall have not more than 1 ½ times the tolerance specified. For packages which contain more than 10 pounds and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified except that at least one pear which is seriously damaged or affected by decay or internal breakdown may be permitted in any package.

(2) For packages which contain 10 pounds or less, individual packages in any lot are not restricted as to the percentage of defects or off-size: provided, that not more than four times the tolerance specified may be permitted in any package for pears which are seriously damaged by insects or affected by decay or internal breakdown except that at least one defective pear may be permitted in any package.

(f) Standard packing.

(1) Each package shall be packed so that the pears in the shown face shall be reasonably representative in the size and quality of the contents of the package.

(2) Pears packed in any container shall be tightly packed. All packages shall be well filled but the contents shall not show excessive or unnecessary bruising because of over-filled packages.

(3) Pears packed in boxes shall be arranged in containers according to the approved and recognized methods with the pears packed lengthwise. A bridge shall not be allowed in any standard pack. When wrapped, each pear shall be fairly well enclosed by its individual wrapper.

(g) Packing.

Must be packed in new cartons approximating one bushel capacity, eight-quart baskets, ½ bushel and bushel baskets with covers or other new standard packaging subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(h) Markings.

Each package or display of pears shall be plainly labeled with the official Seal of Quality designation.

1 CRR-NY 162.25 Peach standards {#sec-1-crr-ny-162.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.25}

(a) General.

(1) New York State Seal of Quality peaches shall be peaches of one variety which possess a desirable market appearance, are mature, not soft or over-ripe, but not further advanced than generally firm at time of pack, clean, well formed, and which are free from decay, growth cracks, cuts which are not well healed, worms, worm holes, and gum spots and free from damage caused by bruises, bacterial spot, scab, scale, hail or similar leaf or limbrubs, split pits and sunburn or sprayburn, other disease, insects, or mechanical or other means.

(2) In addition to the above requirements 75 percent, by count, of the peaches in any lot shall have not less than one-fourth of the surface showing blushed pink or red color.

(3) In order to allow for variations incident to proper grading and handling, not more than 10 percent, by count, of the peaches in any lot may fail to meet the requirements or the specification but not more than ½ of this amount, or five percent shall be allowed for defects causing serious damage, and not more than 1/5 of this amount, or one percent shall be allowed for decay.

(b) Definitions.

Clean means that peaches are practically free from sand, dirt or other foreign material.

(c) Size.

(1) Peaches shall have a minimum diameter of 2 ¼ inches.

(2) Diameter means the shortest distance measured through the center of the peach at right angles to a line running from the stem to the blossom end.

(3) In order to allow for variations incident to proper sizing, not more than 10 percent, by count, of peaches in any lot may be below 2 ¼ inches in diameter, and not more than 15 percent may be above any specified maximum size.

(d) Application of tolerances.

(1) For packages which contain more than 10 pounds, and a tolerance of 10 percent or more is provided, individual packages in any lot shall have not more than 1 ½ times the tolerance specified. For packages which contain more than 10 pounds and a tolerance of less than 10 percent is provided, individual packages in any lot shall have not more than double the tolerance specified, except that at least one peach which is seriously damaged by insects or affected by decay may be permitted in any package.

(2) For packages which contain 10 pounds or less, individual packages in any lot are not restricted as to the percentages of defects, provided that not more than one peach which is seriously damaged by insects or affected by decay may be permitted in any package.

(e) Packing.

Peaches must be packed in new cartons approximating one bushel capacity, eight-quart baskets or ½ bushel and bushel baskets with covers or other new standard packaging subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(f) Containers and markings.

(1) Containers must be marked as to numerical count or minimum diameter, name and address of grower, packer or shipper and labeled with the official seal designation.

(2) Containers must be reasonably free from sand, dirt or other foreign material.

1 CRR-NY 162.26 Sweet pepper standards {#sec-1-crr-ny-162.26 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.26}

(a) General.

New York State Seal of Quality sweet peppers shall be mature, green, sweet peppers of similar varietal characteristics which are firm, fairly well or well shaped, clean, fresh, crisp, bright and free from sunscald, freezing injury, unhealed broken skins, decay and free from injury caused by scars, hail or similar marks, sunburn, bacterial spot, insects, mechanical, pitting, field frost or other means.

(b) Definitions.

(1) Clean means practically free from sand, dirt or other foreign matter.

(2) Fresh and crisp means normal succulence for the variety.

(3) Bright means having a glossy shine.

(4) Broken skin means any unhealed broken skin or well healed broken skin more than ¼ inch in length or area.

(5) Injury, unless otherwise specifically defined in this section, means any defect which more than slightly detracts from the appearance, or the edible or shipping quality of the pepper. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect shall be considered as injury.

(i) Scars, when scattered over the surface and aggregating more than the area of a circle ⅝ inch in diameter or one scar ⅜ inch in diameter on a pepper 3 ½ inch in length and 3 inch in diameter, or correspondingly greater areas of scars on larger peppers.

(ii) Sunburn, when causing discoloration which affects an aggregate area exceeding five percent of the surface of the pepper.

(6) The following defects are based on a pepper 3 ½ inch in length and 3 inch in diameter or greater areas on larger peppers.

(i) Hail or similar marks when the skin is healed and the affected areas aggregate more than the equivalent of a circle ⅜ inch in diameter or a single area of ¼ inch.

(ii) Bacterial spot when aggregating more than the area of a circle ½ inch in diameter.

(iii) Insect when aggregating more than the area of a circle ⅜ inch in diameter including any encircling ring or a single area exceeding ¼ inch.

(iv) Mechanical when aggregating an area more than ½ inch in diameter.

(v) Pitting when aggregating more than the area of a circle ⅜ inch in diameter.

(vi) Field frost when aggregating more than the area of a circle ⅜ inch in diameter.

(c) Size.

(1) The diameter of each pepper shall be not less than 3 inch and the length of each pepper shall be not less than 3 ½ inch.

(2) Cubenelle and similar varieties: the diameter of each pepper shall be not less than 1 ⅝ inch and the length shall be not less than 5 ½ inch.

(d) Color.

Any lot of peppers which meets all requirements of this specification, except those relating to color, may be designated as Seal of Quality (red) if at least 90 percent of the peppers show any shade of red color, or as Seal of Quality (yellow) if 100 percent of the peppers show full yellow color.

(e) Tolerances.

In order to allow for variations incident to proper grading and handling the following tolerances, by count, are provided:

(1) For defects. Not more than a total of 10 percent of the peppers in any lot may fail to meet the requirements of the specification, but not more than ½of this amount, or five percent, shall be allowed for peppers which are seriously damaged, including therein not more than one percent for peppers affected by decay. Not less than 65 percent of the peppers shall be well shaped and no part of any tolerance shall be allowed to reduce for the lot as a whole the 65 percent requirement but individual containers shall have not less than 45 percent well formed peppers.

(2) For off-size. Not more than five percent of the peppers in any lot may fail to meet the minimum size for diameter or length.

(f) Application of tolerances.

The contents of individual packages in the lot based on sample inspection, are subject to the following limitations: provided, that the averages for the entire lot are within the tolerances specified:

(1) For packages which contain more than 20 peppers, and a tolerance of 10 percent or more is provided, individual packages in any lot shall have not more than 1 ½ times the tolerance specified.

(2) For packages which contain more than 20 peppers and a tolerance of less than 10 percent is provided, and for packages which contain 20 peppers or less, individual packages in any lot shall have not more than double the tolerance specified, except that at least one defective and one off-size pepper may be permitted in any package.

(g) Packing.

Peppers must be packed in new one bushel or 1 1/9 bushel cartons or new one bushel baskets with covers or any other new standard container subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(h) Markings.

Each container of sweet peppers packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation. When lots are to be designated as “Red” or “Yellow” containers must be so marked.

1 CRR-NY 162.27 Fresh plum and prune standards {#sec-1-crr-ny-162.27 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.27}

(a) General.

New York State Seal of Quality fresh plums and prunes shall be plums and prunes of one variety which are well formed, clean, mature but not overripe or soft or shriveled; which are free from decay, sunscald, heat injury, sunburn, split pits and hail marks, and free from damage caused by broken skins, growth cracks, drought spots, gum spots, russeting, scars, other disease, insects or mechanical or other means.

(b) Definitions.

(1) Well formed means that the fruit has the shape characteristic of the variety. Doubles shall not be considered well formed.

(2) Clean means that the fruit is practically free from dirt and other foreign material.

(3) Mature means that the fruit has reached the stage of maturity which will insure a proper completion of the ripening process.

(4) Sunscald means injury caused by the sun in which softening or collapse of the flesh is apparent.

(5) Damage means any specific defect defined in this section or an equally objectionable variation of any one of these defects, any other defect or any combination of defects, which materially detracts from the appearance or the edible or marketing quality of the fruit. The following specific defects shall be considered as damaged:

(i) Broken skins which are unhealed except those caused by pulled stems where the skin is torn only slightly within the stem cavity. (Healed skin breaks shall be considered scars).

(ii) Heat injury, sprayburn or sunburn:

(a) when the skin is blistered, cracked or decidedly flattened;

(b) when the normal color of the skin or flesh has materially changed;

(c) when there is more than one indentation; and

(d) when an indentation exceeds 3/16 inch in diameter.

(iii) Growth cracks:

(a) when not healed;

(b) when more than one in number;

(c) when more than ⅛ inch in depth;

(d) when more than ⅜ inch in length if within the stem cavity; and

(e) when more than ¼ inch in length if outside of the stem cavity;

(iv) Split pit when causing any unhealed crack or when healed and aggregating more than ¼ inch in length or when affecting the shape to the extent that the fruit is not well formed.

(v) Scab or bacterial spot when cracked or when the aggregate area exceeds that of a circle ¼ inch in diameter on a fruit two inches in diameter or 4 × 4 size, or smaller or when the aggregate area exceeds that of a circle ⅜ inch in diameter on a fruit larger than two inches in diameter or 4 × 4 size.

(vi) Drought spots or external gum spots which have an aggregate area exceeding that of a circle ¼ inch in diameter.

(vii) Scale or scale marks when the aggregate area exceeds that of a circle ¼inch in diameter.

(viii) Scars, including those caused by hail, when the surface of the fruit is depressed more than 1/16 inch, or when exceeding any of the following aggregate areas, or a combination of two or more types of scars the seriousness of which exceeds the maximum allowed for any one type.

(a) Dark or rough scars when the area exceeds that of a circle ¼ inch in diameter on a fruit two inches in diameter or 4 × 4 size or smaller or when the area exceeds that of a circle ⅜ inch in diameter on a fruit larger than two inches in diameter or 4 × 4 size.

(b) Fairly light colored, fairly smooth scars when, in the case of Italian type prunes, the area exceeds that of a circle ½ inch in diameter or when, in the case of other types of plums, the area exceeds that of a circle ½inch in diameter on a fruit two inches in diameter or 4 × 4 size or smaller or when the area exceeds that of a circle ⅝ inch in diameter on a fruit larger than two inches in diameter or 4 × 4 size.

(c) Light colored, smooth scars when, in the case of Italian type prunes, the area exceeds 1/12 of the fruit surface or when, in the case of other types of plums, the area exceeds that of a circle ¾ inch in diameter on a fruit two inches in diameter or 4 × 4 size or smaller, or when the area exceeds that of a circle 7/8 inch in diameter on a fruit larger than two inches in diameter or 4 × 4 size.

(d) Twig or limb scratches which are not well healed or which have an aggregate length of more than ½ inch.

(ix) Russeting which exceeds any of the following aggregate areas of any one type of russeting, or a combination of two or more types of russeting the seriousness of which exceeds the maximum allowed for any one type.

(a) Rough russeting when the area exceeds that of a circle ¼ inch in diameter on a fruit two inches in diameter or 4 × 4 size, or smaller or when the area exceeds that of a circle ½ inch in diameter on a fruit larger than two inches in diameter or 4 × 4 size.

(b) Slightly rough russeting when, in the case of Italian type prunes, the area exceeds 1/12 of the fruit surface or when, in the case of other types of plums, the area exceeds that of a circle ⅝ inch in diameter on a fruit two inches in diameter or 4 × 4 size or smaller or when the area exceeds that of a circle ¾ inch in diameter on a fruit larger than two inches in diameter or 4 × 4 size.

(c) Fairly smooth or smooth russeting when, in the case of Italian type prunes, the area exceeds 1/12 of the fruit surface or when, in the case of other types of plums the area exceeds that of a circle ¾ inch in diameter on a fruit two inches in diameter or 4 × 4 size or smaller or when the area exceeds that of a circle one inch in diameter on a fruit larger than two inches in diameter or 4 × 4 size.

(6) Well colored, as applied to Italian type prunes, means that 95 percent of the surface of the prune is purpose color.

(7) Fairly well colored, as applied to Italian type prunes, means that at least ¾ of the surface of the prune is purpose color.

(8) Badly misshapen means that the fruit is so malformed or rough that its appearance is seriously affected. Doubles shall be considered badly misshapen, except that doubles of Italian type prunes which have approximately equal halves shall not be considered badly misshapen.

(9) Serious damage means any specific defect defined in this section or an equally objectionable variation of any one of these defects, any other defect or any combination of defects which seriously detracts from the appearance or the edible or marketing quality of the fruit. The following specific defects shall be considered as serious damage:

(i) Broken skins which are unhealed when aggregating more than ⅛ inch in diameter, length or depth. (Healed skin breaks shall be considered scars).

(ii) Heat injury, sprayburn or sunburn:

(a) when the skin is blistered, cracked or decidedly flattened;

(b) when causing any dark discoloration of the flesh;

(c) when there are more than two indentations;

(d) when the aggregate area of indentations exceeds that of a circle ⅜ inch in diameter; and

(e) when causing noticeable brownish or darker discoloration over more than¼ of the fruit surface;

(iii) Growth cracks:

(a) when not healed and more than ⅛ inch in length or depth;

(b) when healed and more than 3/16 inch in depth;

(c) when healed and aggregating more than ⅝ inch in length if within the stem cavity; and

(d) when healed and aggregating more than ½ inch in length if outside of the stem cavity.

(iv) Split pit when causing any unhealed crack or when healed and aggregating more than ⅜ inch in length or when affecting the shape to the extent that the fruit is badly misshapened.

(v) Scab or bacterial spot, when the aggregate area exceeds that of a circle½ inch in diameter on a fruit two inches in diameter or 4 × 4 size or smaller or when the aggregate area exceeds that of a circle ¾ inch in diameter on a fruit larger than two inches in diameter or 4 × 4 size.

(vi) Drought spots or external gum spots which have an aggregate area exceeding that of a circle ½ inch in diameter.

(vii) Scale or scale marks when the aggregate area exceeds that of a circle ⅜inch in diameter.

(viii) Russeting and scars, including those caused by hail, when the surface of the fruit is depressed more than 3/16 inch, or when exceeding any of the following aggregate areas, or a combination of two or more types of russeting or scars the seriousness of which exceeds the maximum allowed for any one type:

(a) Dark or rough scars or rough russeting when the area exceeds that of a circle ¾ inch in diameter on a fruit two inches in diameter or 4 × 4 size or smaller or when the area exceeds that of a circle one inch in diameter on a fruit larger than two inches in diameter or 4 × 4 size.

(b) Russeting and scars which are not dark or rough when the area exceeds ¼of the fruit surface.

(ix) Soft or overripe or shriveled plums or prunes.

(x) Plums or prunes affected by decay.

(xi) Plums or prunes affected by sunscald.

(10) Diameter means the greatest dimension measured at right angles to a line from the stem to blossom end of the fruit.

(c) Size.

Italian type prunes shall be fairly well colored and, unless otherwise specified, shall be not less than 1 ¼ inches in diameter.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances, by count, shall be permitted:

(1) For defects of plums or prunes other than Italian type prunes at shipping point. Six percent for fruit which fails to meet the requirements of the specified grade: provided, that included in this amount not more than four percent shall be allowed for defects causing serious damage, including in this latter amount not more than ½ of one percent for fruit which is affected by decay.

(2) For defects of plums or prunes other than Italian type prunes en route or at destination. Twelve percent for fruit which fails to meet the requirements of the specified grade: provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(i) six percent for permanent defects;

(ii) six percent for defects causing serious damage, including therein not more than four percent for serious damage by permanent defects and not more than two percent for decay.

(3) For defects of Italian type prunes at shipping point. Not more than a total of 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade: provided, that included in this amount not more than the following percentages shall be allowed for the defects listed:

(i) eight percent for prunes which fail to meet the color requirement;

(ii) eight percent for prunes which fail to meet the minimum diameter requirement;

(iii) eight percent for prunes which fail to meet the remaining requirements of the grade; provided, that not more than ½ of this amount, or four percent, shall be allowed for defects causing serious damage, including in the latter amount not more than ½ of one percent for decay.

(4) For defects of Italian type prunes en route or at destination. Not more than a total of 15 percent of the fruit in any lot may fail to meet the requirements of the specified grade: provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(i) ten percent for permanent defects including therein not more than eight percent which fail to meet the color requirement, eight percent which fail to meet the minimum diameter requirement, and eight percent which fail to meet the requirements of the grade because of other permanent defects;

(ii) six percent for defects causing serious damage, including therein not more than four percent for serious damage by permanent defects and not more than two percent for decay.

(e) Application of tolerances.

The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations:

(1) Packages may contain not more than double any specified tolerance except that at least two defective and two off-size specimens may be permitted in any package: provided, that the averages for the entire lot are within the tolerances specified for the grade.

(f) Packing.

Fresh plums or prunes must be packed in new cartons or other standard containers subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(g) Markings.

Each container of fresh plums or prunes packaged and offered for sale under the Seal of Quality program shall have affixed the official designation.

1 CRR-NY 162.28 Fresh, unsmoked pork sausage standards, bulk, patty, or link {#sec-1-crr-ny-162.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.28}

(a) General.

(1) The meat used for New York State Seal of Quality fresh, unsmoked pork sausage shall originate from hogs grown and processed in New York State.

(2) The meat shall be from hogs slaughtered in and the finished product shall be prepared and handled in, an establishment regularly operated under the meat and poultry inspection regulations of USDA.

(3) In addition to meeting all USDA regulations for slaughter and processing, finished product must meet the following detailed requirements for inclusion in the Seal of Quality program.

(b) Definitions.

(1) Excellent condition means exposed lean and fat surfaces shall be of a color and bloom typical of meat which has been properly stored and handled.

(2) Grown means all slaughter swine must be fed a minimum of three months in New York State prior to slaughter.

(3) Objectionable means any flavor which would be unpleasant, overpowering, or undesirable.

(c) Material.

(1) Pork shall be the only meat ingredient used and shall be in excellent condition. The lean must:

(i) be at least slightly firm;

(ii) possess a bright reasonably uniform color ranging from light pink to light red;

(iii) have a fine, smooth texture; and

(iv) exhibit no evidence of the pale, soft and exudative (PSE) condition.

Oily, dark and/or coarse textured pork and meat derived from stag or boar carcasses shall not be permitted. All bones, cartilage, and connective tissue shall be removed prior to initial grinding. Additionally, all pork shall be practically free from bruises, blood clots, bloody tissue, blood discoloration and any other conditions which would negatively affect the use of the product.

(2) The finished product shall not contain any binders, extenders, preservatives, artificial color or flavoring. Only natural spices shall be used and only natural casings shall be permitted for link items.

(d) Flavor.

(1) Finished product may be seasoned to produce a degree of flavoring that is not objectionable. The flavor must conform to any label description of the product.

(2) A representative three pound sample of sausage shall be submitted to the Department of Agriculture and Markets for consideration of color, aroma, flavor and texture prior to initial packing of product under the Seal.

(e) Grinding and blending.

The grinding and blending process shall be a continuous operation. The boneless meat shall be ground to provide the texture and appearance typical of ground pork.

(f) Fat content.

Finished product must contain a combination of meat and fat only, with a total fat content constituting not more than 25 percent of the finished product. Fat content shall be determined by periodic random sampling of the product for submission to a laboratory for analysis.

(g) Condition.

Finished product shall have the appearance typical of fresh pork sausage. Sausage shall show no evidence of freezer burn or dryness.

(h) Packing.

Sausage shall be packed and labeled at the point of processing in new containers subject to approval by the United States Department of Agriculture, Meat and Poultry Inspection Operations (USDA, MPIO) staff and the New York State Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(i) Markings.

Each shipping and retail container of sausage offered for sale under the Seal of Quality program shall have affixed the official seal designation. All packages must be coded as to date of pack.

1 CRR-NY 162.29 Potato standards {#sec-1-crr-ny-162.29 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.29}

(a) General.

New York State Seal of Quality potatoes shall be potatoes having similar varietal characteristics which are fairly well matured, firm, clean, fairly well shaped, with 50 percent or more well shaped, free from freezing, blackheart, late blight, southern bacterial wilt, ring rot, soft rot and wet breakdown and free from damage by any other cause. In addition, at shipping point, potatoes shall be free from external sprouts.

(b) Definitions.

Damage means any defect as outlined in 1 NYCRR Part 165, Standards for Grades of Potatoes. Exceptions are:

(1) External sprouts means an individual potato is considered as damaged when the potato has any sprout more that ¼ inch in length or has individual sprouts or cluster of sprouts which more than slightly detracts from the appearance of the potato.

(c) Size.

The potatoes shall be not less than 2 ⅛ inches nor more than 3 ½inches in diameter. Long type potatoes shall be not less that five ounces in weight and shall not vary more than six ounces in weight.

(d) Tolerances.

In order to allow for variation incident to proper grading and handling, the following tolerances by weight, are provided:

(1) For defects. A total of eight percent for potatoes in any lot which fail to meet the requirements for the specifications: provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed:

(i) Five percent for external defects.

(ii) Five percent for internal defects.

(iii) Three percent for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot, or wet breakdown including therein not more than one percent for potatoes which are frozen or affected by soft rot or wet breakdown.

(iv) In addition, not more than five percent of the potatoes in any lot may be damaged by external sprouts at retail level.

(2) For size. Not more than five percent of the potatoes in any lot may be smaller than the required minimum size. In addition, not more than 10 percent may be larger than any specified maximum size. For long type potatoes not more than five percent may vary more than six ounces in weight.

(e) Application of tolerances.

Individual samples shall have not more than double the tolerance, except that at least one defective and one off-size potato may be permitted in any sample; and provided that the averages for the entire lot are within the tolerances specified.

(f) Sample for grade and size determination.

Sample size shall be at least 20 pounds.

(g) Packing.

In addition to packing requirements as set forth in Department of Agriculture and Markets Circular 860 entitled Potatoes, potatoes shall be packed in new containers subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(h) Markings.

In addition to the marking requirements set forth in Circular 860, potatoes packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.30 Salad green standards (other than Iceberg lettuce) {#sec-1-crr-ny-162.30 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.30}

(a) General.

New York State Seal of Quality salad greens shall be plants of similar varietal characteristics which are fresh, well developed, well trimmed (except for hydroponically grown product), and which are free from decay, and free from damage caused by seedstems, broken, bruised or discolored leaves, tipburn, wilting, foreign material, freezing, dirt, disease, insects, mechanical or other means.

(b) Definitions.

(1) Similar varietal characteristics means that the plants in any container are of the same general type.

(2) Fresh means that the plant has normal succulence.

(3) Fairly uniform means that plants within individual containers do not vary more than four inches in length.

(4) Well developed means that the plant shows normal growth and shape.

(5) Well trimmed means that the stem is trimmed off close to the point of attachment of the outer leaves.

(6) Damage means the specific defect described in this section; any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or shipping quality of the plants.

(i) Seedstems when the length of the attached seedstem is more than ¼ the overall plant length or when any portion of the seedstem has been removed.

(7) Serious damage means any defect or any combination of defects, which seriously detracts from the appearance, or the edible or shipping quality of the plant.

(c) Size.

Romaine shall be fairly uniformly sized.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling the following tolerances, by count, are provided:

(1) For defects. Ten percent of the plants in any lot may fail to meet the requirements: provided, that not more than ½ of this amount, or five percent, shall be allowed for serious damage, including therein not more than one percent for decay.

(2) For size. Ten percent of the containers of Romaine, may fail to meet fairly uniform size requirement.

(e) Application of tolerances.

The contents of individual packages are subject to the following limitations: provided, that the averages for the entire lot are within the tolerances specified; a package shall have not more than 1 ½ times a specified tolerance of 10 percent and not more than double a specified tolerance of less than 10 percent, except that at least one defective plant may be permitted in any package.

(f) Packing.

Salad greens must be packed in new bushel or 1 1/9 bushel cartons or any other standard containers subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(g) Markings.

Each container of salad greens packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.31 Snap bean standards {#sec-1-crr-ny-162.31 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.31}

(a) General.

New York State Seal of Quality beans shall be beans that have similar varietal characteristics which possess a desirable market appearance, are of reasonable size, and fairly uniform size, well formed, fairly bright, clean, fresh, fairly young and tender, firm, and which are free from soft rot, and free from damage caused by leaves, leaf stems, other foreign matter, also free from damage from hail, disease, insects, mechanical or other means.

(b) Definitions.

(1) Desirable market appearance means the beans are generally free from any readily visible defect or imperfection or defects which more than slightly detract from the appearance of the bean.

(2) Similar varietal characteristic means that the beans are of the same color and general type. For example, wax and green may not be mixed.

(3) Reasonable size means pods are not spindly or excessively short for variety and have not been prematurely picked.

(4) Fairly uniform size means pods shall not vary more than two inches in length.

(5) Well formed means the pods have normal typical shape for variety.

(6) Fairly bright means not dull.

(7) Clean means practically free from dirt or staining and practically no loose dirt or other foreign matter is present in container.

(8) Fresh means pods are not wilted and have normal succulence.

(9) Fairly young and tender means walls are not distinctly woody or fiberous.

(10) Firm means pods are not wilted or flabby.

(11) Damage means any defect or combination of defects which materially detracts from the appearance, edible or marketing quality of the snap bean. Pods having spots due to blight or Anthracnose, and similar spots caused by other diseases, shall be considered as damage. The following specific defect shall be considered damaged. Broken beans when:

(i) there is one break present in the thick portion of the bean or one break at each end in the thin portion of the bean;

(ii) any break that is materially affected by dirt or discoloration;

(iii) any break that is ragged and materially detracts from the appearance; or

(iv) unless otherwise specified, the remaining portion of the bean is less than 3 ½ inches in length.

(12) Serious damage means any defect or combination of defects which seriously detracts from the appearance, edible or marketing quality of the snap bean. The following specific defect shall be considered seriously damaged. Broken beans when:

(i) there is a break on each end in the thick portion of the bean;

(ii) any break is seriously affected by dirt or discoloration;

(iii) any break is ragged and seriously detracts from the appearance or exposes a seed; or

(iv) unless otherwise specified, the remaining portion of the bean is less than three inches in length.

(c) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances shall apply:

(1) For defects. Thirteen percent for beans in any lot which fail to meet the requirements of the grade, including not more than 10 percent damage by grade defects other than damage by broken beans, including not more than five percent shall be allowed for defects causing serious damage, including therein, not more than one percent for beans affected by soft rot.

(2) For size. Ten percent for beans that are not fairly uniform size based on individual samples.

(d) Application of tolerances.

(1) For a tolerance of 10 percent or more individual packages may contain not more than 1 ½ times the tolerances specified; provided, that the average for the entire lot is within the tolerance specified for the grade.

(2) For a tolerance of less than 10 percent, individual packages may contain not more than double the tolerance specified: provided that the average for the entire lot is within the tolerance specified.

(e) Packing.

Snap beans to be packed in new standard ½ bushel or bushel baskets or hampers or 1 1/9 bushel cartons or crates subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(f) Markings.

All containers offered for sale under the Seal of Quality program shall be marked as to common name, declaration or net contents, name and address of grower, packer or shipper and labeled with the official seal designation.

1 CRR-NY 162.32 Vegetable sprout standards {#sec-1-crr-ny-162.32 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.32}

(a) General.

New York State Seal of Quality vegetable sprouts shall be sprouts of similar varietal characteristics, except when clearly marked to indicate a mix, which are fresh, crisp and free from any abnormal odors, disease and decay. In addition, bean sprouts shall be free from hulls, translucence and light brown discoloration extending more than ½ inch from root tips.

(b) Definitions.

(1) Similar varietal characteristics means sprouts are of the same general color and type.

(2) Fresh means sprouts are not withered.

(3) Crisp means turgid and succulent.

(4) Decay means decomposition of tissue particles.

(c) Sample sizes.

Packages one pound and under, sample shall consist of at least ¼ of the package. Packages over one pound, sample shall consist of at least eight ounces.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling the following tolerances by volume are provided as specified:

(1) For defects. Not more than five percent of the sprouts in any lot may fail to meet the requirements of these specifications, but not more than 1/10 of this amount or ½ percent of one percent shall be allowed for sprouts affected by disease or decay.

(e) Application of tolerances.

For a tolerance of less than 10 percent, individual packages in any lot shall have not more than double the tolerance specified: provided that the averages for the entire lot are within the tolerances specified.

(f) Packing.

Sprouts must be packed in new standard containers subject to approval by the Department of Agriculture and Markets. Sprouts must also be refrigerated between 36 and 38 degrees Fahrenheit on packers' premises. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(g) Markings.

Each container of sprouts packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation. Shipping containers shall be marked as to date of packing.

1 CRR-NY 162.33 Strawberry standards {#sec-1-crr-ny-162.33 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.33}

(a) General.

New York State Seal of Quality strawberries shall be one variety or similar varietal characteristics with calyx attached, which are firm, not over-ripe or undeveloped, clean, well colored, free from mold or decay, and free from damage by moisture, foreign matter, insects, disease, mechanical or other means.

(b) Definitions.

(1) Clean means berries show practically no dirt.

(2) Well colored means each strawberry has not less than 90 percent of its surface showing a pink or red color.

(3) Undeveloped means strawberries have not attained a normal shape and development due to injury by any means including lack of pollination. Buttons are not permitted and if flat and hard are scored as serious damage.

(4) Damage means any defect or any combination of defects which materially detracts from the appearance, edible or shipping quality of the berries.

(5) Serious damage means any defect or an equally objectionable variation of any defect or any combination of defects, which seriously detracts from the appearance, edible, or shipping quality of the berries. Berries which are soft, badly deformed, badly bruised, decayed, leaky, caked with dirt or berries with less than ½ of its surface showing pink or red color shall be considered seriously damaged.

(6) Diameter means the greatest diameter measured at right angles to a straight line running from stem to apex.

(c) Size.

Minimum diameter of each berry shall be not less than one inch.

(d) Tolerances.

In order to allow for variations incident to proper grading and handling, the following tolerances by volume, are provided as specified:

(1) For defects. Not more than eight percent for strawberries in any lot which fail to meet the requirements of this specification, but not more than ½ of this tolerance, or four percent, shall be allowed for defects causing serious damage, including therein, not more than ¼ of this amount, or one percent for strawberries affected by decay.

(2) For off-size. Not more than five percent for strawberries in any lot which are below the minimum size.

(e) Application of tolerances.

The contents of individual containers in the lot, based on sample inspection, are subject to the following limitations:

(1) Individual containers shall have not more than double any tolerance, except that at least one defective and one off-size specimen may be permitted in any container, and provided further that not more than 1/10 of the containers may exceed double any tolerance and, provided further that the averages for the entire lot are within the tolerances specified.

(f) Packing.

Strawberries must be packed in new 12-one quart flats or 8-one quart flats or other new standard packaging subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(g) Markings.

Strawberries packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.34 Sunflower seed standards {#sec-1-crr-ny-162.34 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.34}

(a) Test weight.

The determination for test weight per bushel must be performed on a representative portion ranging in size 1 ⅛ to 1 ¼ quarts (approximately 600 to 650 grams) after the removal of mechanically separated foreign material. Minimum test weight shall be 29 pounds per bushel for black oil; 26 pounds per bushel for black stripe.

(b) Foreign material.

All matter other than whole sunflower seeds containing kernels which may be removed from a test portion of the original sample by use of an approved device and by hand picking a portion of the sample in accordance with procedures prescribed in the Grain Inspection Handbook. Not more than 2.0 percent.

(c) Damage.

Seeds and pieces of seed that are heat-damaged, sprout-damaged, frost damaged, badly weather-damaged, mold-damaged, diseased, or otherwise materially damaged. Total damage 5.0 percent, including not more than 0.2 percent heat damage, 2.0 percent insect damage.

(d) Heat damage.

Seed and pieces of seed which have been materially discolored and damaged by heat.

(e) Dehulled seed.

Sunflower seed which has the hull completely removed from the sunflower kernel.

(f) Moisture.

Maximum of 10 percent.

(g) Odor.

Sunflower seed which is sour, musty or has a commercially objectionable foreign odor (COFO) will not be permitted.

(h) Infested.

Sunflower seed which is infested with live weevils or other insects injurious to stored sunflower seed and/or other grain. In the work sample, one or more weevils, or five or more other live insects injurious to sunflower seed, will not be permitted.

(i) Distinctly low quality.

Sunflower seed which is obviously of inferior quality because it contains foreign substances or because it is in an unusual state or condition and which cannot be properly graded by use of the other grading factors provided in the standards. Distinctly low quality shall include any objects too large to enter the sample device (for example: large stones, wreckage and the like).

(1) Animal filth. Sunflower seed containing five or more whole rodent pellets, bird droppings, or an equivalent quantity of other animal filth will not be permitted.

(2) Broken glass. Sunflower seed containing one or more pieces of broken glass will not be permitted.

(3) Castor beans. These multicolored bean-like seeds of the castor oil plant have been found to be highly toxic to animal life. Sunflower seed containing one or more castor bean seeds will not be permitted.

(4) Crotalaria. The seed of crotalaria are highly toxic to animal life. These seeds can be various colors and are generally “kidney” or “boxing glove” shaped. Sunflower seeds containing two or more crotalaria seeds will not be permitted.

(5) Stones. When the representative portion of sunflower seed contains four or more stones, provided the total weight of the stones exceeds 0.10 percent, the sunflower seed will not be permitted.

(6) Unknown foreign substance. Sunflower seeds containing two or more pieces of an unknown foreign substance or a commonly recognized harmful or toxic foreign substance will not be permitted. Pelletized material other than feed pellets will be considered unknown foreign substance. Feed pellets in sunflower seed are considered foreign material.

(j) Packing.

Sunflower seeds shall be packed in new containers, which are properly marked, and subject to approval by the Department of Agriculture and Markets. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

(k) Markings.

Containers of sunflower seeds packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.35 Tomato standards {#sec-1-crr-ny-162.35 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.35}

(a) General.

New York State Seal of Quality tomatoes shall be of similar varietal characteristics, mature, not overripe or soft, clean, well-developed, well-formed, fairly smooth and free from decay, freezing injury, sunscald and damage by any other cause.

(b) Definitions.

(1) Similar varietal characteristics means that the tomatoes are alike as to firmness of flesh and shade or color (for example, soft-fleshed, early maturing varieties are not mixed with firm fleshed, mid season or late varieties, or bright red varieties mixed with varieties having a purplish tinge.)

(2) Mature means that the tomato has reached the stage of development which will insure a proper completion of the ripening process and that the contents of two or more seed cavities have developed a jelly like consistency and the seeds are well developed.

(3) Soft means that the tomato yields readily to slight pressure.

(4) Clean means that the tomato is practically free from dirt or other foreign material.

(5) Well-developed means that the tomatoes show normal growth. Tomatoes which are ridged and peaked at the stem end, contain dry tissue, and usually contain open spaces below the level of the stem scar are not considered well developed.

(6) Well-formed means that the tomato has the typical shape for the variety.

(7) Fairly smooth means that the tomato is not conspicuously ridged or rough.

(8) Damage:

(i) Growth cracks (radiating from or concentric to stem scar). When not well healed, more than ⅛ inch in depth, individual radial cracks more than ¼inch in length, aggregate length of all radial cracks more than one inch measured from edge of stem scar.

(ii) Cuts and broken skins not shallow or not well healed, or shallow, well healed cut more than ½ inch (13 mm) in length, or other shallow, well healed skin breaks aggregating more than a circle ⅜ inch (10 mm) in diameter.

(iii) Puffiness — open space in one or more locules materially detracts from appearance of tomato cut through center at right angles to a line from stem to blossom end.

(iv) Catfaces — scars are rough or deep, channels are very deep or wide, channels extend into a locule, or a fairly smooth catface aggregating more than a circle ½ inch (13 mm) in diameter.

(v) Scars (other than catfaces) — no depth and aggregating more than a circle ⅜ inch (10 mm) in diameter.

(vi) Hail — deep, rough, not well healed and corked over, or fairly smooth, shallow hailmarks aggregating more than a circle ⅜ inch (10 mm) in diameter.

(vii) Insect injury — materially detracts from the appearance or any insect is present in the fruit.

(9) Serious damage:

(i) Growth cracks (radiating from or concentric to stem scar). When not well healed, more than ⅛ inch in depth, individual radial cracks more than ½inch in length, aggregate length of all radial cracks more than one inch measured from the edge of the stem scar.

(ii) Cuts and broken skins not shallow or not well healed, or shallow, well healed cut more than ½ inch (13 mm) in length, or other shallow, well healed skin breaks aggregating more than a circle ½ inch (13 mm) in diameter.

(iii) Puffiness — open space in one or more locules seriously detracts from appearance of tomato cut through center at right angles to a line from stem to blossom end.

(iv) Catfaces — scars are rough or deep, channels are very deep or wide, channels extend into a locule, or a fairly smooth catface aggregating more than a circle ¾ inch (19 mm) in diameter.

(v) Scars (other than catfaces) — no depth and aggregating more than a circle ⅝ inch (16 mm) in diameter.

(vi) Hail — deep, rough, not well healed and corked over, or fairly smooth, shallow hailmarks aggregating more than a circle ⅝ inch (16 mm) in diameter.

(vii) Insect injury — seriously detracts from the appearance or any insect is present in the fruit.

(10) Very serious damage:

(i) Growth cracks (radiating from or concentric to stem scar). When not well healed, more than 3/16 inch in depth, more than ¾ inch in length, aggregate length of all radial cracks more than 1 ½ inch measured from the edge of the stem scar.

(ii) Cuts and broken skins fresh or healed and extending through the tomato wall.

(iii) Puffiness — open space in two or more locules very seriously detracts from appearance of tomato cut through center at right angles to a line from stem to blossom end.

(iv) Catfaces — channels extend into the locule, wall has been weakened to the extent that slight pressure will cause a tomato to leak or a fairly smooth catface aggregating more than a circle one inch (25 mm) in diameter.

(v) Scars (other than catfaces) — no depth and aggregating more than a circle one inch (25 mm) in diameter.

(vi) Hail — fresh, very deep or fairly smooth, shallow hailmarks aggregating more than a circle one inch (25 mm) in diameter.

(vii) Insect injury — very seriously detracts from the appearance or any insect is present in the fruit.

(c) Size.

Minimum - Maximum

Small 2 4/32 to 2 9/32

Medium 2 9/32 to 2 17/32

Large 2 17/32 to 2 28/32

Extra Large 2 28/32 to 3 15/32

(1) Minimum diameter shall be the largest diameter of the tomato measured at right angles to a line from the stem end to the blossom end.

(2) Maximum diameter shall be the smallest dimension of the tomato determined by passing the tomato through a round opening in any position.

(d) Color classification.

(1) The following terms may be used, when specified in connection with the grade statement, in describing the color as an indication of the stage of ripeness of any lot of mature tomatoes of a red fleshed variety:

(i) Green means that the surface of the tomato is completely green in color. The shade of green color may vary from light to dark.

(ii) Breakers means that there is a definite break in color from green to tannish-yellow, pink or red on not more than 10 percent of the surface.

(iii) Turning means that more than 10 percent but not more than 30 percent of the surface, in the aggregate, shows a definite change in color from green to tannish-yellow, pink, red or a combination thereof.

(iv) Pink means that more than 30 percent but not more than 60 percent of the surface, in the aggregate, shows pink or red color.

(v) Light red means that more than 60 percent of the surface, in the aggregate, shows pinkish-red or red; provided, that not more than 90 percent of the surface is red color.

(vi) Red means that more than 90 percent of the surface, in the aggregate, shows red color.

(2) Any lot of tomatoes which does not meet the requirements of any of the above color designations may be designated as “Mixed Color.”

(3) Tomato color standards USDA Visual Aid TM-L-1 consists of a chart containing 12 color photographs illustrating the color classification requirements, as set forth in this section. This visual aid may be examined in the Fruit and Vegetable Division, AMS, U.S. Department of Agriculture, South Building, Washington, DC 20250; in any field office of the Fresh Fruit and Vegetable Inspection Service; or upon request of any authorized inspector of such service. Duplicates of this visual aid may be purchased from The John Henry Company, P.O. Box 17099, Lansing, Michigan 48901.

(e) Tolerances.

(1) For defects. Ten percent for tomatoes in any lot which fail to meet the requirements for this grade provided that not more than ½ this amount, or five percent shall be allowed for defects causing serious damage including therein not more than two percent for defects causing very serious damage and not more than one percent for tomatoes which are soft or affected by decay.

(2) For off-size. Ten percent for tomatoes which are smaller than the specified minimum diameter, or larger than the specified maximum diameter.

(3) For off-color. Ten percent for tomatoes in any lot which fail to meet the color specified, included therein not more than five percent for tomatoes which are green in color when any term other than green is specified.

(f) Application of tolerances.

(1) For packages which contain more than five pounds and a tolerance of 10 percent or more is provided, individual packages shall have not more than 1½ times the tolerance specified, and for a tolerance of less than 10 percent, individual packages shall have not more than double the tolerance specified, except that at least one defective, and one off-size specimen may be allowed in any package: provided, that the averages for the entire lot are within the tolerances specified for the grade.

(2) For packages which contain five pounds or less individual packages shall have not more than four times the tolerance specified, except that at least one tomato which is soft or affected by decay and one off-size specimen may be permitted in any package: provided, that the averages for the entire lot are within the tolerances specified for the grade.

(g) Packing.

Tomatoes shall be packed in new 20 or 25 pound cartons or film wrapped tubes in new master containers marked with the name and address of grower, packer or shipper, count or net weight, and size. (Size markings shall comply with the terminology as stated in these specifications. Numerical size designations such as 7 × 7, 6 × 7 or 5 × 6 shall not be permitted. The terminology and larger, affixed to any size designation also shall not be permitted.) Packages shall be subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain quality standards and integrity of the product.

(h) Markings.

Tomatoes packaged and offered for sale under the Seal of Quality program shall have affixed the official seal designation.

1 CRR-NY 162.36 Hydroponic or greenhouse tomato standards {#sec-1-crr-ny-162.36 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.36}

(a) General.

New York State Seal of Quality hydroponic or greenhouse tomatoes shall be tomatoes of similar varietal characteristics, mature, but not overripe or soft, clean, fairly well formed; which are free from decay, sunscald, and freezing injury, and free from damage caused by bruises, cuts, shriveling, puffiness, catfaces, growth cracks, scars, disease, insects, or other means.

(b) Definitions.

(1) Similar varietal characteristics means that the tomatoes are alike as to character of color (bright red varieties shall not be mixed with varieties having a purplish tinge).

(2) Mature means that the contents of two or more seed cavities have developed a jellylike consistency and the seeds are well developed. External color shows at least a definite break from green to tannish-yellow, pink or red color on not less than 10 percent of the surface.

(3) Soft means that the tomato yields readily to slight pressure.

(4) Clean means that the individual tomato is practically free from dirt and other foreign matter.

(5) Fairly well formed means that the tomato is not more than slightly kidney-shaped, lopsided, elongated, angular, or otherwise slightly deformed.

(6) Reasonably well formed means that the tomato is not more than moderately kidney-shaped, lopsided, elongated, angular, or otherwise moderately deformed.

(7) Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the tomato. The following specific defects shall be considered as damage:

(i) Puffiness when the open space in one or more locules materially detracts from the appearance of the tomato when cut through the center at right angles to a line running from the stem to the blossom end.

(ii) Catfaces when scars are rough or deep, when channels are very deep or wide, when channels extend into a locule, or when affecting the appearance to a greater extent than the following:

(a) A small size tomato having a fairly smooth catface equivalent in area to a circle ⅜ inch diameter.

(b) A medium size tomato having a fairly smooth catface equivalent in area to a circle ½ inch in diameter.

(c) A large size tomato having a fairly smooth catface equivalent in area to a circle ¾ inch in diameter.

(iii) Growth cracks (radiating from or concentric to the stem scar) when not well healed, when more than ⅛ inch in depth, or when affecting the appearance or marketing quality of the tomato to a greater extent than that of a tomato five ounces in weight having any individual radial crack ½ inch in length, or having more than a one inch aggregate length of all radial cracks measured from the edge of the stem scar.

(iv) Scars (other than catfaces) when the appearance of the tomato is affected to a greater extent than that of a tomato five ounces in weight having a scar with no depth which has an area equivalent to that of a circle ⅜ inch in diameter.

(v) Cuts, not well healed, not shallow, or which affect the appearance or marketing quality of the tomato to a greater extent than that of a tomato five ounces in weight having a cut ½ inch in length.

(8) Serious damage means any specific defect described in this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance or the edible or marketing quality of the tomato. The following specific defects shall be considered as serious damage:

(i) Puffiness when the open space in one or more locules seriously detracts from the appearance of the tomato when cut through the center at right angles to a line running from the stem to the blossom end.

(ii) Catfaces when channels extend into the locule, when the wall has been weakened to the extent that slight pressure will cause the tomato to leak, or when the appearance of the tomato is affected to a greater extent than that of a tomato five ounces in weight having a fairly smooth catface with an area equivalent to that of a circle one inch in diameter.

(iii) Growth cracks (radiating from or concentric to the stem scar) when not well healed, when more than ⅛ inch in depth, or when affecting the appearance or marketing quality of the tomato to a greater extent than that of a tomato five ounces in weight having individual radial cracks ¾ inch in length, or having more than a 1 ½ inch aggregate length of all radial cracks, measured from the edge of the stem scar.

(iv) Scars (other than catfaces) when the appearance of the tomato is affected to a greater extent than that of a tomato five ounces in weight having a scar with no depth which has an area equivalent to that of a circle one inch in diameter.

(v) Cuts, not well healed, not shallow, or which affect the appearance or marketing quality of the tomato to a greater extent than that of a tomato five ounces in weight having a cut ½ inch in length.

(c) Size.

The size of tomatoes may be specified in accordance with one of the following classifications or jumble packed.

(1) Small. Under 3 ½ ounces.

(2) Medium. From 3 ½ to 9 ounces.

(3) Large. Over 9 ounces.

(d) Standard pack.

When packed to a size classification tomatoes shall be fairly uniform in size when packed in containers.

(1) Fairly uniform in size means that not more than 10 percent, by weight, of the tomatoes in any container may vary more than the following within the applicable size classification.

(i) Four ounces for medium, small to medium or medium to large.

(ii) Six ounces for large size.

(e) Tolerances.

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by weight, are provided as specified:

(1) For defects. Ten percent of the tomatoes in any lot may fail to meet the requirements of the grade, but not more than ½ of this amount, or five percent, shall be allowed for serious damage, including in this latter amount not more than ½ of one percent for tomatoes which are soft or affected by decay.

(2) For off-size. Fifteen percent of the tomatoes in any lot may vary from the specified size, including therein not more than five percent for tomatoes which fail to meet any specified minimum size.

(f) Application of tolerances.

The contents of individual packages in the lot are subject to the following limitations:

(1) For a tolerance of 10 percent or more, individual packages shall have not more than 1 ½ times the tolerance specified: provided, that when the package contains 15 specimens or less, any individual package shall have not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package; and provided further, that the averages for the entire lot are within the tolerances specified for the grade.

(2) For a tolerance of less than 10 percent, individual packages in any lot shall have not more than double the tolerance specified, except that at least one defective and one off-size specimen may be permitted in any package: provided, that the averages for the entire lot are within the tolerances specified for the grade.

(g) Packing.

Tomatoes must be packed in standard cartons. All packaging shall be subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(h) Markings.

Each package or display of tomatoes shall be plainly labeled with the official Seal of Quality designation. If sized, size markings shall be marked on the container and comply with size classifications as stated in these standards.

1 CRR-NY 162.37 Applesauce standards {#sec-1-crr-ny-162.37 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.37}

(a) General.

New York State Seal of Quality applesauce shall be derived from apples grown in New York State. Products shall be in compliance with applicable trademark rules and regulations and the following product and processing facility requirements.

(b) Product.

Seal of Quality applesauce shall meet or exceed the minimum requirements for U.S. Grade A as established by the United States Standards for Grades of Canned Applesauce.

(c) Allowable color type.

(1) Natural color.

(i) Canned applesauce in which the color of the finished product is derived wholly from the apple ingredient.

(ii) When a spice or spices have been added, consideration is given to the color, if any, imparted by the added spice or spices.

(2) Artificial color.

(i) Canned applesauce in which the color of the finished product is derived from an artificial coloring substance as permitted in the Federal Food and Drug definitions and Standards of Identity.

(d) Allowable flavor types.

(1) Natural flavor.

(i) Natural flavored canned applesauce is the product in which the flavor is derived from the apple ingredient and other permitted additives exclusive of flavorings or spices.

(2) Flavored.

(i) Flavored canned applesauce is the product in which the flavor is derived substantially from an added flavoring ingredient, including artificial flavorings.

(3) Spiced.

(i) Spiced canned applesauce is the product in which the flavor is derived substantially from the added spice or spices.

(e) Allowable types of pack.

(1) Unsweetened.

(i) Canned applesauce prepared without the addition of nutritive carbohydrate sweeteners. The product shall test not less than nine degrees Brix.

(2) Sweetened.

(i) Canned applesauce with nutritive carbohydrate sweeteners added. The product shall test not less than 15.5 degrees Brix.

(f) Allowable styles.

(1) Regular (or comminuted).

(i) Canned applesauce in which the apple ingredient has been comminuted into granular particles.

(2) Chunk (or chunky).

(i) Canned applesauce in which the apple ingredient has been chopped into small pieces.

(g) Processing facility.

Seal of Quality applesauce processing and packaging is restricted to those plants possessing a current Department of Agriculture and Markets, article 20-C processing license and these plants must maintain a satisfactory inspection record.

(h) Containers and markings.

All applesauce containers and labels shall be subject to approval by the Department of Agriculture and Markets and shall have affixed the official Seal of Quality designation. Container approval shall be based upon the ability of the container to maintain the quality standards and integrity of the product.

1 CRR-NY 162.38 Provolone cheese standards {#sec-1-crr-ny-162.38 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 162.38}

(a) General.

New York State Seal of Quality provolone cheese must be made using only New York State milk and must meet the fat and moisture standards as set forth in section 17.64 of this Title, for provolone cheese. The determination of the Seal of Quality grade of provolone cheese shall be on the basis of rating (A) flavor, (B) body and texture, (C) color, (D) finish and appearance. The rating of each quality factor shall be established on the basis of characteristics present in cheese from any sample. The final grade shall be established on the basis of the lowest rating of any one of the quality characteristics. Seal of Quality provolone cheese shall conform to the following requirements and standards:

(1) Flavor. Shall possess desirable and pleasing flavor and odor characteristics. It may possess bitter, metallic/oxidized, and unclean type flavors, upon critical examination, to a very slight degree. It may possess acid and cooked type flavors to a slight degree. Cheese may have a flat and salt flavor to a definite degree. A salt flavor cannot be to the extent that the natural cheese flavor is masked over. Provolone cheese may not possess fermented, rancid, or yeasty flavors to any degree. A smoked cured provolone cheese may possess a definite smoke flavor and odor.

(2) Body and texture. Provolone cheese of this grade shall have uniform firmness on all sides. The texture must be smooth, with the exception that a slight roughness to the surface due to salt may be apparent. The texture and body of the cheese should be smooth and springy, very close and uniform, and not have a corky or curdy appearance. The cheese must be devoid of free fat on the interior surfaces. In addition, the cheese must be free of any evidence of gas formation and a few slits may be noted in the interior, however, such slits shall not be the result of gas formation. A slight difference in degree of firmness will be allowed between the rind which should not exceed ½ inch and the interior of the cheese. In both fresh and aged provolone, a definite degree of stringiness shall be apparent upon critical examination. This stringiness will be less apparent in an aged cheese.

(3) Color. Cheese may be white to a light creamy color but should not have a dull chalky appearance. The color may be slightly wavy in appearance. The surface of the cheese should have a glossy sheen. Any mottling or unnatural coloration shall not be present.

(4) Finish and appearance. The wrapper or covering shall adequately and securely envelop the cheese, be neat, unbroken and fully protect the surface but may be slightly wrinkled. The basic shape of the cheese shall be reasonably uniform throughout. Ends may be slightly rounded. Huffing due to gas formation during curing is unacceptable. To a slight degree, cracks could be present on the surface. There shall not be any mold on the surface or within the cheese.

(b) Flavor.

(1) Very slight. Barely detectable upon critical examination.

(2) Slight. Detected only upon critical examination.

(3) Definite. Not intense but detectable.

(4) Pronounced. So intense as to be easily identified.

(5) Acid. May be slight if cheese is aged over one week. Sharp and puckery to the taste, characteristics of lactic acid.

(6) Bitter. Distasteful, similar to taste of quinine. May be present in cheese one week or more old.

(7) Flat. Insipid, lacking in flavor development, devoid of flavor. Present most likely if cheese is less than one week old.

(8) Cooked. Mildly suggestive of uncleanliness in addition to a whey taint.

(9) Metallic/oxidized. Flat, metal-like taste and puckery sensation.

(10) Rancid. Characterized by:

(i) a slow reaction time;

(ii) its prominence after the sample is expectorated; and

(iii) its persistence.

The flavor is bitter, soapy, very disagreeable and repulsive.

(11) Yeasty. Identified by its sour, yeasty taste and slightly fragrant odor.

(c) Body and texture.

(1) Smooth. Feels silky; not dry and coarse or rough.

(2) Firm. Feels solid and offers slight resistance to pressure. The rind will be somewhat firmer than the interior of the cheese.

(3) Open. Mechanical openings that are irregular in shape and are caused by workmanship and not gas fermentation.

(4) Weak. Requires little pressure to crush, is soft but is not necessarily sticky like a pasty cheese.

(5) Pasty. Usually weak body and when the cheese is rubbed between the thumb and fingers it becomes sticky and smeary.

(6) Gassy. Gas holes of various sizes and may be scattered.

(7) Slits. Narrow or elongated openings generally associated with cheese that is gassy or yeasty.

(8) Corky. Dry, hard, overfirm, stiff, tough.

(9) Curdy. Characteristic of freshly made or uncured cheese. Cheese is hard and when pressure is applied there is a tendency for the cheese to spring back to its original shape.

(10) Free fat. Greasy or oily presence on the cheese that can be felt or is visible.

(d) Color.

(1) Uncolored.

Absence of artificial coloring.

(2) Wavy.

Unevenness of color which appears as layers or waves.

(3) Mottled.

Rounded, irregularly shaped areas of light and dark shades of color.

(4) Unnatural.

Color that is not normally associated with provolone cheese.

(e) Finish and appearance.

(1) Rind.

Hard coating caused by the desiccation of the surface of the cheese.

(2) Firm sound rind.

Possessing a firmness and thickness (not easily dented or damaged) consistent with the size of the cheese and which is dry, smooth, and closely knit, sufficient to protect the interior quality from external defects; free from checks, cracks, breaks or soft spots.

(3) Wrapper or covering.

Transparent or opaque material (plastic film type or foil) next to the surface of the cheese, used as an enclosure or covering of the cheese.

(4) Adequately and securely enveloped.

Wrapper or covering properly sealed, and entirely enclosing the cheese, with sufficient adherence for ample protection and prevention of mold.

(5) Smooth bright surface.

Clean, glossy surface.

(6) Soiled surface.

Milkstone, rust spots or other discoloration on the surface of the cheese.

(7) Smooth surface.

Not rough or uneven.

(8) Surface mold.

Mold on the exterior of the cheese.

(9) Mold under wrapper or covering.

Mold spots or areas that have formed under the wrapper or on the cheese.

(10) Rough surface.

Lacks smoothness.

(11) Lopsided.

One side of the cheese is higher than the other side.

(12) High edge.

A rim or ridge on the follower side of the cheese, which is raised in varying degrees. In extreme cases it may bend over.

(13) Cracks in the rind.

Openings or breaks in the rind.

(14) Checked rind.

Numerous small cracks or breaks in the rind, sometimes following the outline of curd particles sometimes referred to as “curd openings”.

(15) Soft spots.

Soft to the touch and the spots are usually faded and moist.

(16) Huffed cheese.

Swollen because of gas fermentation. The cheese becomes rounded or oval in shape instead of being flat.

(17) Weak rind.

Thin and possessing little or no resistance to pressure.

(18) Sour rind.

A fermented rind condition, usually confined to the faces of the cheese.

(19) Wet rind.

A wet rind is one in which the moisture adheres to the surface of the rind and which may or may not soften the rind or cause discoloration.

(20) Rind rot.

Soft spots on the rind that have become discolored and have decayed or decomposed.

(21) Slightly wrinkled.

Not more than 25 percent of the surface shall be dimpled and/or wrinkled.

(f) Processing facility.

Seal of Quality cheese manufacturing and packaging is restricted to those facilities in compliance with Agriculture and Markets Law, article 4 or 12-A and these facilities must maintain a satisfactory inspection record.

(g) Packing.

All packages shall be subject to approval by the Department of Agriculture and Markets. Package approval shall be based upon the ability of the package to maintain the quality standards and integrity of the product.

(h) Markings.

Each package of provolone cheese packaged and offered for sale under the Seal of Quality program must have affixed the official seal designation and comply with the requirements set forth in section 17.64 of this Title.

Part 163 USE OF OFFICIAL STATE BRANDS OR TRADEMARKS

1 CRR-NY 163.1 Application {#sec-1-crr-ny-163.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.1}

Any person, firm, partnership, corporation, association or exchange lawfully operating in the State of New York, marketing New York State farm products, either fresh or processed, and desiring to use an official New York State brand or trademark upon said products shall make application for such use upon a form provided by the department.

1 CRR-NY 163.2 Acceptance {#sec-1-crr-ny-163.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.2}

The commissioner may approve or reject the application for good and sufficient reasons. If approved, upon the execution of an agreement covering the use of an official New York brand or trademark, the applicant shall be registered, and a permit number shall be assigned to said applicant by the department.

1 CRR-NY 163.3 Permit number {#sec-1-crr-ny-163.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.3}

A permit number for each product so assigned by the commissioner to a registered applicant shall, unless temporarily waived by the commissioner, appear in a place provided upon the trademark label to be used by said applicant, and such permit number shall be used only by said registered applicant.

1 CRR-NY 163.4 Quality {#sec-1-crr-ny-163.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.4}

The product for sale under a trademark label must be in conformity with applicable trademark grade standards adopted in accordance with the provisions of article 12-A of the Agriculture and Markets Law. Such standards shall be available for public insepction at the principal office of the department.

1 CRR-NY 163.5 Quality control {#sec-1-crr-ny-163.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.5}

The authorized trademark label or trademark imprint on packages or containers shall not be used unless the farm products to be so labeled shall have been examined by representatives duly authorized by the department and found to meet trademark standards established for said product by the department.

1 CRR-NY 163.6 Trademark program participation fee {#sec-1-crr-ny-163.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.6}

The fee for participation in this program shall not exceed the estimated costs of the services provided. Such costs shall include the following: program administration; inspection expenses such as personal services, travel, equipment, supplies and materials; and other expenses incidental to carrying out the trademark program. The participation fee shall be charged on a product basis as follows:

| Product | Fee (in dollars) | | --- | --- | | | Fruits | | Apples | $.06 per carton (36–42 pounds) | | Blueberries | .06 per flat (12–one pint containers) | | Cantaloupes | .06 per carton or crate (35–40 pounds) | | Grapes | .0025 per quart | | Peaches | .06 per bushel | | Pears | .06 per bushel | | Plums/Prunes | .05 per half bushel carton (28–30 pounds) | | Strawberries | .06 per flat (12–one pint containers) | | | Vegetables | | Broccoli | .05 per carton (14–18 bunches or 20–25 pounds) | | Cabbage | .05 per carton, crate or sack (45–50 pounds) | | Carrots | .05 per 50 pound bag | | Cauliflower | .06 per crate or carton (50–60 pounds) | | Celery | .05 per crate or carton (60 pounds) | | Corn, Sweet | .05 per crate or sack (35–42 pounds) | | Cucumbers | .05 per 1 – 11/9 bushel | | Iceberg Lettuce | .05 per carton (50–60 pounds) | | Mushrooms | .04 per carton (10 pounds) | | Onions | .05 per 50–pound bag | | Parsnips | .05 per 1 – 11/9 bushel | | Peppers, Sweet | .05 per 1 – 11/9 bushel | | Potatoes | .05 per 50–pound bag | | Salad Greens | .05 per 1 – 11/9 bushel | | Salad Greens, Hydroponic | .005 per head | | Snap Beans | .05 per 1 – 11/9 bushel | | Sprouts, Vegetable | .015 per 5 pound container | | Tomatoes | .05 per carton (25–30 pounds) | | Tomatoes, Greenhouse | .05 per lug (10 pounds) or carton (8 quarts) | | | Miscellaneous | | Apple Juice/Cider | .02 per gallon | | Applesauce | .02 per gallon | | Cheese, Cheddar | .0025 per pound | | Cheese, Mozzarella | .0025 per pound | | Cheese, Muenster, Monterey Jack & Brick | .0025 per pound | | Cheese, Provolone | .0025 per pound | | Eggs | .0025 per dozen | | Grape Juice | .04 per gallon | | Maple Syrup | .20 per gallon | | Pork Sausage | .03 per pound | | Sunflower Seeds | .001 per pound | | Multiple Products (Farm Markets Only) | 60.00 per month |

1 CRR-NY 163.7 Additional charges {#sec-1-crr-ny-163.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.7}

The department shall assess additional charges to program paticipants for extraordinary inspection costs as follows:

(a) actual inspection related travel expenses in those cases where the point of inspection is in excess of 300 miles one way from the inspector's official station;

(b) actual costs of reinspection where the original inspection of a trademark product failed to meet the required quality standards; and

(c) actual costs of providing additional on-site supervisory services to participants as deemed necessary by the department to ensure adherence to the trademark product quality standards.

1 CRR-NY 163.8 Payment of participation fee and additional charges {#sec-1-crr-ny-163.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.8}

Every person, firm, partnership, corporation, association, or exchange authorized to use the official trademark in any form shall pay the trademark program participation fee prescribed by section 163.6 of this Part and any other charges due pursuant to section 163.7 of this Part in cash, certified check, postal or express money order upon receipt of a billing statement from the department.

1 CRR-NY 163.9 Printing and affixing {#sec-1-crr-ny-163.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.9}

Official department permission must be obtained before the State trademark is printed on any private label, brand or container. Colors of any imprint of the State trademark label shall be approved by the commissioner or his or her designee.

1 CRR-NY 163.10 Containers {#sec-1-crr-ny-163.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.10}

The official State trademark label or imprint shall appear only on department approved containers.

1 CRR-NY 163.11 Compliance with other legal requirements {#sec-1-crr-ny-163.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.11}

Compliance with the provisions of the rules and regulations in this section shall not excuse failure to comply with the provisions of the Federal Food, Drug and Cosmetic Act or with other laws and regulations applicable within a marketing region.

1 CRR-NY 163.12 Audit {#sec-1-crr-ny-163.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.12}

Every person, firm, partnership, corporation, association or exchange, using the imprint of the State trademark label shall allow the commissioner or his or her duly authorized agents or employees, upon reasonable demand, to audit the books showing the use of such labels and to have access to all premises necessary for such purposes.

1 CRR-NY 163.13 Penalty for violation {#sec-1-crr-ny-163.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.13}

For any violation of the provisions of section 156-h of article 12-A of the Agriculture and Markets Law or of these regulations, the privilege of using any official State trademark label may be revoked after notice and an opportunity to be heard. The commissioner may temporarily suspend any permit or license to use this trademark or imprint thereof, pending such hearing for revocation or cancellation. In case of such temporary suspension, a hearing shall be held within 30 days of the issuance of the suspension and notice of such hearing shall be served personally or by registered mail at least 10 days previous to such hearing. Every person violating any of the provisions of section 156-h or article 12-A of the Agriculture and Markets Law, or of any provisions of these regulations shall be subject to the penalties prescribed by article 3 of the Agriculture and Markets Law, or, in the judgment of the commissioner, to both such penalties and revocation of the privilege to use the official State trademark label issued by the commissioner.

1 CRR-NY 163.14 [Repealed] {#sec-1-crr-ny-163.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 163.14}

Part 165 POTATO GRADES AND DEFINITIONS OF CULLS

1 CRR-NY 165.1 Grades {#sec-1-crr-ny-165.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 165.1}

(a) Extra No. 1.

“Extra No. 1” consists of potatoes which meet the following requirements:

(1) Similar varietal characteristics.

(2) Firm.

(3) Clean.

(4) At least fairly well matured.

(5) Fairly well shaped, with 50 percent or more well shaped.

(6) Free from:

(i) freezing;

(ii) blackheart;

(iii) late blight, southern bacterial wilt and ring rot; and

(iv) soft rot and wet breakdown.

(7) Free from injury caused by:

(i) sprouts; and

(ii) internal defects.

(8) Free from damage by any other cause.

(9) Size. The potatoes shall be not less than 2 ¼ inches in diameter or five ounces in weight and shall not vary more than 1 ¼ inches in diameter or more than six ounces in weight.

(10) For tolerances see section 165.4 of this Part.

(b) No. 1.

“No. 1” consists of potatoes which meet the following requirements:

(1) Similar varietal characteristics.

(2) Firm.

(3) Fairly clean1.

(4) Fairly well shaped.

(5) Free from:

(i) freezing;

(ii) blackheart;

(iii) late blight, southern bacterial wilt and ring rot; and

(iv) soft rot and wet breakdown.

(6) Free from damage by any other cause.

(7) Size. Not less than 1 ⅞ inches in diameter, unless otherwise specified in connection with the grade.

(8) For tolerances see section 165.4 of this Part.

(c) Commercial.

“Commercial” consists of potatoes which meet the requirements of No. 1 grade except for the following:

(1) Free from serious damage caused by:

(i) dirt or other foreign matter;

(ii) russet scab; and

(iii) rhizoctonia.

(2) Increased tolerances for defects specified in section 165.4 of this Part.

(d) No. 2.

“No. 2” consists of potatoes which meet the following requirements:

(1) Similar varietal characteristics.

(2) Not seriously misshapen.

(3) Free from:

(i) freezing;

(ii) blackheart;

(iii) late blight, southern bacterial wilt and ring rot; and

(iv) soft rot; and wet breakdown.

(4) Free from serious damage by any other cause.

(5) Size. Not less than 1 ½ inches in diameter, unless otherwise specified in connection with the grade.

(6) For tolerances see section 165.4 of this Part.

1 CRR-NY 165.2 Unclassified {#sec-1-crr-ny-165.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 165.2}

“Unclassified” consists of potatoes which have not been classified in accordance with any of the foregoing grades. The term “unclassified” is not a grade within the meaning of these standards but is provided as a designation to show that no grade has been applied to the lot.

1 CRR-NY 165.3 Size {#sec-1-crr-ny-165.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 165.3}

(a) The minimum size, or minimum and maximum sizes may be specified in connection with the grade in terms of diameter or weight of the individual potato, or in accordance with one of the size designations in subdivision (c), Table I, or subdivision (d), Table II: provided, that sizes so specified shall not be in confiict with the basic size requirements for the grade.

(b) When size is specified in terms of the customary sizes of potatoes packed to count in standard 50-pound cartons, the weight ranges shown in Table II shall apply. These size designations may be applied to potatoes packed in any size container: provided, that the weight ranges are within the limits specified.

(c) Table I.

| Size designation | Minimum diameter1 or weight | Maximum diameter1 or weight | | | | --- | --- | --- | --- | --- | | | Inches | Ounces | Inches | Ounces | | Size A2 | 1⅞ | 3 | 3 | 3 | | Size B | 1½ | 3 | 2¼ | 3 | | Small | 1¾ | 3 | 2½ | 6 | | Medium | 2¼ | 5 | 3¼ | 10 | | Large | 3 | 10 | 4¼ | 16 |

Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end.

In addition to the minimum size specified, a lot of potatoes designated as size A shall contain at least 40 percent of potatoes which are 2½ inches in diameter or larger or six ounces in weight or larger.

No requirement.

(d) Table II.

| Size designation | Minimum weight | Maximum weight | | --- | --- | --- | | | Ounces | Ounces | | Under 59 | 15 | — | | 50 | 12 | 19 | | 60 | 10 | 16 | | 70 | 9 | 15 | | 80 | 8 | 13 | | 90 | 7 | 12 | | 100 | 6 | 10 | | 110 | 5 | 9 | | 120 | 4 | 8 | | 130 | 4 | 8 | | 140 | 4 | 8 | | Over 140 | 4 | 8 | | | | |

1 CRR-NY 165.4 Tolerances {#sec-1-crr-ny-165.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 165.4}

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by weight, are provided as specified:

(a) For defects.

(1) Extra No. 1. A total of five percent for potatoes in any lot which fail to meet the requirements for the grade: provided, that not more than two-fifths of this tolerance, or two percent, shall be allowed for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than one-half of one percent for potatoes which are frozen or affected by soft rot or wet breakdown. See section 165.5.

(2) No. 1. A total of eight percent for potatoes in any lot which fail to meet the requirements for the grade: provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed:

(i) five percent for external defects;

(ii) five percent for internal defects; or,

(iii) Three percent for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than one percent for potatoes which are frozen or affected by soft rot or wet breakdown.

(3) U.S. commercial. A total of 20 percent for potatoes in any lot which fail to meet the requirements for the grade: provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed:

(i) 10 percent for potatoes which fail to meet the requirements for U.S. No. 2 grade, including therein not more than:

(ii) six percent for external defects;

(iii) six percent for internal defects; or,

(iv) three percent for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than one percent for potatoes which are frozen or affected by soft rot or wet breakdown.

(4) U.S. No. 2. A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: provided, that included in this tolerance not more than the following percentages shall be allowed for the defects listed:

(i) six percent for external defects;

(ii) six percent for internal defects; or,

(iii) three percent for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than one percent for potatoes which are frozen or affected by soft rot or wet breakdown

(b) For off-size.

(1) Not more than three percent of the potatoes in any lot may be smaller than the required or specified minimum size except that a tolerance of five percent shall be allowed for potatoes packed to meet a minimum size of 2 ¼inches or large in diameter or five ounces or more in weight. In addition, not more than 10 percent may be larger than any required or specified maximum size.

(2) When a percentage of the potatoes is specified to be of a certain size and larger, individual samples shall have not less than one-half of the percentage specified: provided, that the average for the entire lot is not less than the percentage specified.

1 CRR-NY 165.5 Application of tolerances {#sec-1-crr-ny-165.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 165.5}

Individual samples shall have not more than double the tolerances specified, except that at least one defective and one off-size potato may be permitted in any sample: provided, that en route or at destination one-tenth of the samples may contain three times the tolerance permitted for potatoes which are frozen or affected by soft rot or wet breakdown: and provided further, that the averages for the entire lot are within the tolerances specified for the grade.

1 CRR-NY 165.6 Samples for grade and size determination {#sec-1-crr-ny-165.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 165.6}

Individual samples shall consist of at least 20 pounds. When the individual packages contain at least 20 pounds, each individual sample is drawn from one package; when packages contain less than 20 pounds, a sufficient number of adjoining packages are opened to provide at least a 20-pound sample. The number of such individual samples drawn for grade and size determination will vary with the size of the lot.

1 CRR-NY 165.7 Skinning {#sec-1-crr-ny-165.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 165.7}

(a) The following definitions provide a basis for describing lots of potatoes as to the degree of skinning whenever description may be appropriate:

(1) Practically no skinning means that not more than five percent of the potatoes in the lot have more than one-tenth of the skin missing or feathered;

(2) Slightly skinned means that not more than 10 percent of the potatoes in the lot have more than one-fourth of the skin missing or feathered;

(3) Moderately skinned means that not more than 10 percent of the potatoes in the lot have more than one-half of the skin missing or feathered; and

(4) Badly skinned means that more than 10 percent of the potatoes in the lot have more than one-half of the skin missing or feathered.

1 CRR-NY 165.8 Definitions {#sec-1-crr-ny-165.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 165.8}

(a) Similar varietal characteristics.

Similar varietal characteristics means that the potatoes in any lot have the same general shape, color and character of skin, and color of flesh.

(b) Firm.

Firm means that the potato is not shriveled or flabby.

(c) Clean.

Clean means that at least 90 percent of the potatoes in any lot are practically free from dirt or staining and practically no loose dirt or other foregin matter is present in the container.

(d) Fairly clean.

Fairly clean means that at least 90 percent of the potatoes in any lot are reasonably free from dirt or staining and not more than a slight amount of loose dirt or foreign matter is present in the container.

(e) Mature.

Mature means that the skins of the potatoes are generally firmly set and not more than five percent of the potatoes in the lot have more than one-tenth of the skin missing or feathered.

(f) Fairly well matured.

Fairly well matured means that the skins of the potatoes are generally fairly set and not more than 10 percent of the potatoes in the lot have more than one-fourth of the skin missing or feathered.

(g) Well shaped.

Well shaped means that the potato has the normal shape for the variety.

(h) Fairly well shaped.

Fairly well shaped means that the potato is not materially pointed, dumbbell-shaped or otherwise materially deformed.

(i) Seriously misshapen.

Seriously misshapen means that the potato is seriouly pointed, dumbbell-shaped or otherwise badly deformed.

(j) Injury.

Injury means any defect, or any combination of defects, which more than slightly detracts from the edible or marketing quality, or the internal or external appearance of the potato, or any internal defect outside of or not entirely confined within the vascular ring which cannot be removed without a loss of more than three percent of the total weight of the potato.

(k) Damage.

Damage means any defect, or any combination of defects, which materially detracts from the edible or marketing quality, or the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than five percent of the total weight of the potato. See paragraph (2) of subdivision (o), Table III and paragraph (2) of subdivision (p), Table IV.

(l) Serious damage.

Serious damage means any defect or any combination of defects, which seriously detracts from the edible or marketing quality, or the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than 10 percent of the total weight of the potato. See paragraph (2) of subdivision (o), Table III and paragraph (2) of subdivision (p), Table IV.

(m) Freezing.

Freezing means that the potato is frozen or shows evidence of having been frozen.

(n) Soft rot or wet breakdown.

Soft rot or wet breakdown means any soft, mushy, or leaky condition of the tissue such as slimy soft rot, leak, or wet breakdown following freezing injury.

(o) External defects.

(1) External defects are defects which can be detected externally. However, cutting may be required to determine the extent of the injury. Some external defects are listed in Table III.

(2) Table III.

TABLE III—EXTERNAL DEFECTS

| Damage | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | Defect | When materially detracting from appearance of potato | —or— | When removal causes loss of more than five percent of total weight of potato | When seriously detracting from appearance of potato | —or— | When removal causes loss of more than 10 percent of total weight of potato | | Air cracks | X | | | X | | | | Bruises | X | | X | X | | X | | Dirt | X | | | X | | | | Enlarged lenticels | X | | | X | | | | External discoloration | X | | | X | | | | Flea Beetle injury | X | | X | X | | X | | Greening | X | | X | X | | X | | Rhizoctonia | X | | | X | | | | Scab, pitted | X | | X | X | | X | | Scab, russet | X | | | X | | | | Scab, surface | When more than five percent of surface affected. | | | When more than 25 percent of surface affected. | | | | Sunburn | | | X | | | X | | Second growth | X | | | X | | | | Growth cracks | X | | | X | | |

| Defects | Damage | Serious Damage1 | | --- | --- | --- | | Wireworm or grass damage | When any hole in a potato 2½ inches in diameter or six ounces in weight is more than ¾ inch long, or when the aggregate length of all holes is more than 1¼ inches, or correspondingly shorter or longer holes in smaller or larger potatoes. | When any hole in a potato 2½ inches in diameter or six ounces in weight is more than 1½ inches long, or when the aggregate length of all holes is more than two inches, or correspondingly shorter or longer holes in smaller or larger potatoes. | | Insects or worms | (See serious damage) | When present inside the potato. | | Artificial coloring | When unsightly or when concealing any defect causing damage or when penetrating the flesh and removal causes loss of more than five percent of total weight of potato. | When concealing a serious defect or when penetrating into the flesh and removal cause loss of more then 10 percent of total weight of potato. | | Sprouts | When more than 10 percent of the potatoes in any lot have any sprout more than ¾ inch in length or have individual sprouts or clusters of sprouts which materially detract from the appearance of the potato. | |

The following defects are considered serious damage when present in any degree: 1. Freezing; 2. Late blight; 3. Ring rot; 4. Southern bacterial wilt; 5. Soft rot; 6. Wet breakdown.

(p) Internal defects.

(1) Internal defects are defects which cannot be detected without cutting the potato. Some internal defects are listed in Table IV.

TABLE IV—INTERNAL DEFECTS

| Defect | Damage | Serious Damage | | --- | --- | --- | | Hollow Heart | When materially detracting from the internal appearance. | When seriously detracting from the internal appearance. | | Ingrown sprouts | When removal causes a loss of more than five percent of the total weight of the potato. | When removal causes a loss of more than 10 percent of the total weight of the potato. | | Internal discoloration occurring entirely within the vasular ring | When more than the equivalent of three scattered light brown spots ⅛ inch in diameter in a potato 2½ inches in diameter or six ounces in weight, or correspondingly lesser or greater number of spots in smaller or larger potatoes. | When more than the equivalent of six scattered light brown spots ⅛ inch in diameter in a potato 2½ inches in diameter or six ounces in weight, or correspondingly lesser or greater number of spots in smaller or larger potatoes. | | Internal discoloration outside of or not entirely confined within the vascular ring | When removal causes a loss of more than five percent of the total weight of the potato. | When removal causes a loss of more than 10 percent of the total weight of the potato. |

1 CRR-NY 165.9 Culls {#sec-1-crr-ny-165.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 165.9}

Definitions of “culls” as applied to potatoes: Any lot of potatoes which contains:

(a) more than two percentum of potatoes which are frozen, or affected by soft rot or wet breakdown.

(b) more than five percentum in the aggregate which are frozen, or affected by southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown.

(c) more than a total of 15 percentum by weight of potatoes which fail to meet the requirements of the No. 2 grade.

Part 166 RULES AND REGULATIONS RELATING TO POTATOES

1 CRR-NY 166.1 “U.S.” on graded potatoes {#sec-1-crr-ny-166.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 166.1}

In describing or marking potatoes packed or repacked within this State and offered for sale on a graded basis, the letters “U.S.” may be prefixed to any of the grade terms, and when so prefixed the potatoes to which they relate shall be regarded as represented as graded according to New York State official potato grades.

1 CRR-NY 166.2 “Cull” potatoes identification {#sec-1-crr-ny-166.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 166.2}

Any lot of “cull” potatoes, regardless of place of origin, when sold or offered for sale in this State shall be definitely represented as cull potatoes. Every invoice rendered in connection with the sale of cull potatoes shall describe the potatoes as “cull” potatoes.

1 CRR-NY 166.3 Marking “cull” lots {#sec-1-crr-ny-166.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 166.3}

Any lot of “cull” potatoes, regardless of place of origin, when exposed for sale or transported for sale within this State, either in closed containers, open containers or in bulk, shall be plainly and conspicuously marked “culls.” When “cull” potatoes are delivered to a common carrier for shipment or are being moved to market in a truck or other medium of transportation, such delivery or such movement shall be presumptive evidence of transport of sale.

1 CRR-NY 166.4 Clearly show grade in advertisement with price {#sec-1-crr-ny-166.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 166.4}

Any advertisement of potatoes for sale at a given price shall plainly and conspicuously indicate the grade of such potatoes.

1 CRR-NY 166.5 Marking requirements {#sec-1-crr-ny-166.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 166.5}

All required markings shall be clear and legible, plainly printed, stenciled, or stamped. Labels used in connection with transparent film type packages shall, if inserted, be placed face out in conspicuous manner and position.

(a) For packages containing less than 10 pounds, all required markings shall be at least ⅛ inches in height.

(b) For packages containing 10 or more and less than 50 pounds, all required markings shall be at least ⅜ inches in height.

(c) For packages containing 50 pounds or more, all required markings shall be at least ⅝ inches in height.

(d) All required markings on TAGS shall be at least ⅝ inches in height, except for marking “culls.”

(e) All marks designating “cull” potatoes shall be at least 1½ inches in height.

(f) Grade markings on display signs used in connection with bulk displays shall be at least one inch in height.

Subchapter C APPLES AND LETTUCE

Part 185 STANDARDS FOR GRADES OF APPLES

1 CRR-NY 185.1 Grades {#sec-1-crr-ny-185.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.1}

(a) U.S. Extra Fancy consists of apples of one variety which are mature but not overripe, carefully hand-picked, clean, fairly well formed; free from decay, internal browning, internal breakdown, scald, scab, bitter pit, Jonathan spot, freezing injury, visible water core, and broken skins and bruises except those which are slight and incident to proper handling and packing. The apples are also free from injury caused by smooth net-like russeting, sunburn or sprayburn, limb rubs, hail, drought spots, scars, disease, insects, or other means; and free from damage by smooth solid, slightly rough or rough russeting, or stem or calyx cracks, and free from damage by invisible water core after January 31 of the year following the year of production. Each apple of this grade has the amount of color specified for the variety. (See color requirements and tolerances.)

(b) U.S. Fancy consists of apples of one variety which are mature but not overripe, carefully hand-picked, clean, fairly well formed; free from decay, internal browning, internal breakdown, bitter pit, Jonathan spot, scald, freezing injury, visible water core, and broken skins, and bruises except those which are incident to proper handling and packing. The apples are also free from damage caused by russeting, sunburn, or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, disease, insects, invisible water core after January 31 of the year following the year of production, or damage by other means. Each apple of this grade has the amount of color specified for the variety. (See color requirements and tolerances.)

(c) U.S. No. 1.

The requirements of this grade are the same as for U.S. Fancy except for color, russeting, and invisible water core. In this grade less color is required for all varieties with the exception of the yellow and green varieties other than Golden Delicious. Apples of this grade are free from excessive damage caused by russeting which means that apples meet the russeting requirements for U.S. Fancy as defined under the definitions of “damage by russeting”, except the aggregate area of an apple which may be covered by smooth net-like russeting shall not exceed 25 per cent; and the aggregate area of an apple which may be covered by smooth solid russeting shall not exceed 10 per cent; provided, that in the case of the Yellow Newton or similar varieties the aggregate area of an apple which may be covered with smooth solid russeting shall not exceed 20 per cent. Each apple of this grade has the amount of color specified for the variety. There is no requirement in this grade pertaining to invisible water core. (See color requirements and tolerances.)

(1) U.S. No. 1 Early consists of apples which meet the requirements of U.S. No. 1 grade except as to color and maturity, and meet a minimum size requirement. Apples of this grade have no color requirements, need not be mature, and are not less than two inches in diameter. This grade is provided for varieties such as Duchess, Gravenstein, Red June, Twenty Ounce, Wealthy, Williams, Yellow Transparent, and Lodi, or other varieties which are normally marketed during the summer months. (See tolerances.)

(2) U.S. No. 1 Hail consists of apples which meet the requirements of U.S. No. 1 grade except that hail marks where the skin has not been broken, and well healed hail marks where the skin has been broken, are permitted, provided the apples are fairly well formed. (See color requirements and tolerances.)

(d) U.S. Utility consists of apples of one variety which are mature but not overripe, carefully hand-picked, not seriously deformed; free from decay, internal browning, internal breakdown, scald, and freezing injury. The apples are also free from serious damage caused by dirt or other foreign matter, broken skins, bruises, russeting, sunburn, or sprayburn, limb rubs, hail, drought spots, scars, stem or calyx cracks, visible water core, disease, insects, or other means. (See tolerances.)

(e) Combination of grades.

(1) Combinations of the above grades may be used as follows:

(i) Combination U.S. Extra Fancy and U.S. Fancy.

(ii) Combination U.S. Fancy and U.S. NO. 1.

(iii) Combination U.S. No. 1 and U.S. Utility.

(2) Combinations other than these are not permitted in connection with the U.S. apple grades. When combination grades are packed, at least 50 per cent of the apples in any lot shall meet the requirements of the higher grade in the combination. (See tolerances.)

(f) Orchard Run consists of apples of one variety from which no apples of U.S. Utility grade or better have been removed: provided, that, not more than a total of 15 per cent of the apples in any lot may be culls. (See definition of culls.)

1 CRR-NY 185.2 Color requirements {#sec-1-crr-ny-185.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.2}

In addition to the requirement specified for the above grades, apples of these grades shall have the percentage of color specified for the variety in Table I appearing in this section. For the solid red varieties the percentage stated refers to the area of the surface which must be covered with a good shade of solid red characteristic of the variety: provided, that an apple having color of a lighter shade of solid red or striped red than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of good red characteristic of the variety required for the grade. For the striped red varieties the percentage stated refers to the area of the surface in which the stripes of a good shade of red characteristic of the variety shall predominate over stripes of lighter red, green, or yellow. However, an apple having color of a lighter shade than that considered as a good shade of red characteristic of the variety may be admitted to a grade, provided it has sufficient additional area covered so that the apple has as good an appearance as one with the minimum percentage of stripes of a good red characteristic of the variety required for the grade. Faded brown stripes shall not be considered as color except in the case of the Gray Baldwin variety.

Table I—Color Requirements for Specified U.S. Grades of Apples by Varieties

| Variety | U. S. Extra Fancy per cent | U. S. Fancy per cent | U. S. No. 1 per cent | | --- | --- | --- | --- | | Solid red: | | | | | Black Ben | 66 | 40 | 25 | | Gano | 66 | 40 | 25 | | Winesap | 66 | 40 | 25 | | Other similar varieties(1) | 66 | 40 | 25 | | Red Sport varieties(2) | 66 | 40 | 25 | | Striped or partially red: | | | | | Jonathan | 66 | 33 | 25 | | McIntosh | 50 | 33 | 25 | | Cortland | 50 | 33 | 25 | | Other similar varieties(3) | 50 | 33 | 25 | | Rome Beauty | 50 | 33 | 15 | | Stayman | 50 | 33 | 15 | | York Imperial | 50 | 33 | 15 | | Baldwin | 50 | 25 | 15 | | Ben Davis | 50 | 25 | 15 | | Delicious | 50 | 25 | 15 | | Mammoth Black Twig | 50 | 25 | 15 | | Turley | 50 | 25 | 15 | | Wagener | 50 | 25 | 15 | | Wealthy | 50 | 25 | 15 | | Willow Twig | 50 | 25 | 15 | | Northern Spy | 50 | 25 | 15 | | Other similar varieties(4) | 50 | 25 | 15 | | Hubbardston | 50 | 15 | 10 | | Stark | 50 | 15 | 10 | | Other similar varieties | 50 | 15 | 10 | | Red June | 50 | 15 | (5) | | Red Gravenstein | 50 | 15 | (5) | | Williams | 50 | 15 | (5) | | Other similar varieties | 50 | 15 | (5) | | Gravenstein | 25 | 10 | (8) | | Duchess | 25 | 10 | (5) | | Other similar varieties(6) | 25 | 10 | (5) | | Red cheeked or blushed: | | | | | Maiden Blush | (7) | (5) | (8) | | Twenty Ounce | (7) | (5) | (8) | | Winter Banana | (7) | (5) | (8) | | Other similar varieties | (7) | (5) | (8) | | Green varieties | (9) | (9) | (9) | | Yellow varieties | (9) | (9) | (9) | | Golden Delicious | (10) | (10) | (9) |

(1) Arkansas Black, Beacon, Detroit Red, Espous Spitzenburg, King David, Lowry Minjon.

(2) When Red Sport varieties are specified as such they shall meet the color requirements specified for Red Sport varieties.

(3) Haralson, Kendall, Macoun, Snow (Fameuse).

(4) Bonum, Early McIntosh, Limbertwig, Milton, Nero, Paragon, Melba.

(5) Tinge of color.

(6) Red Astrachan, Smokehouse, Summer Rambo, Dudley.

(7) Blush cheek.

(8) None.

(9) Characteristic ground color.

(10) 75 per cent or more of the surface of the apple shall show white or light green predominating over the green color.

1 CRR-NY 185.3 Unclassified grade and culls {#sec-1-crr-ny-185.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.3}

Unclassified consist of apples which have not been classified in conformity with any of the foregoing grades. The terms unclassified and culls are not grades within the meaning of these standards but are provided to show that no definite grade has been applied to the lot, but each such lot must meet the following requirements:

(a) Unclassified consists of ungraded apples: provided, that not more than a total of 15 per cent of the apples in any lot may be culls, but not more than 1/15 of the culls, or one per cent of the lot shall be allowed for apples affected by decay. (See definition of culls.)

(b) Culls consist of apples which contain more than a total of 15 per cent of apples which fail to meet the requirements of U.S. Utility grade.

1 CRR-NY 185.4 Tolerances {#sec-1-crr-ny-185.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.4}

In order to allow for variations incident to proper grading and handling in each of the foregoing grades the following tolerances are provided as specified:

(a) Defects.

(1) U.S. Extra Fancy, U.S. Fancy, U.S. No. 1, U.S. No. 1 Early and U.S. No. 1 Hail grades: 10 per cent of the apples in any lot may fail to meet the requirements of the grade, but not more than one half of this amount, or five per cent, shall be allowed for apples which are seriously damaged, including therein not more than one per cent for apples affected by decay or internal breakdown.

(2) U.S. Utility grade: 10 per cent of the apples in any lot may fail to meet requirements of the grade, but not more than one half of this amount, or five per cent, shall be allowed for apples which are seriously damaged by insects, and including in the total tolerance not more than one per cent for apples affected by decay or internal breakdown.

(b) When applying the foregoing tolerances to combination grades no part of any tolerance shall be allowed to reduce, for the lot as a whole, the 50 per cent of apples of the higher grade required in the combination but individual containers shall have not less than 40 per cent of the higher grade.

(c) Size.

When size is designated by the numerical count for a container, not more than five per cent of the apples in the lot may vary more than one-quarter inch in diameter. When size is designated by minimum or maximum diameter, not more than five per cent of the apples in any lot may be smaller than the designated minimum and not more than 10 per cent may be larger than the designated maximum.

1 CRR-NY 185.5 Application of tolerances {#sec-1-crr-ny-185.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.5}

The contents of individual packages in the lot, are subject to the following limitations: provided, that the averages for the entire lot are within the tolerances specified for the grade:

(a) Packages which contain more than 10 pounds:

(1) Shall have not more than one and one-half times a specified tolerance of 10 per cent or more and not more than double a tolerance of less than 10 per cent, except that at least one apple which is seriously damaged by insects or affected by decay or internal breakdown may be permitted in any package.

(b) Packages which contain 10 pounds or less:

(1) Not over 10 per cent of the packages may have more than three times the tolerance specified, except that at least one defective apple may be permitted in any package: provided, that not more than one apple or more than six per cent (whichever is the larger amount) may be seriously damaged by insects or affected by decay or internal breakdown.

1 CRR-NY 185.6 Calculation of percentages {#sec-1-crr-ny-185.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.6}

(a) When the numerical count is marked on the container, percentages shall be calculated on the basis of count.

(b) When the minimum diameter or minimum and maximum diameters are marked on the container, percentages shall be calculated on the basis of weight.

(c) When the apples are in bulk, percentages shall be calculated on the basis of weight.

1 CRR-NY 185.7 Condition after storage or transit {#sec-1-crr-ny-185.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.7}

Decay, scald or any other deterioration which may have developed on apples after they have been in storage or transit shall be considered as affecting condition and not the grade.

1 CRR-NY 185.8 Packing requirements {#sec-1-crr-ny-185.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.8}

(a) Apples tray packed or cell packed in cartons shall be arranged according to approved and recognized methods. Packs shall be at least fairly tight1 or fairly well filled2.

(b) Closed cartons containing apples not tray or cell packed shall be fairly well filled2 or the pack shall be sufficiently tight to prevent any appreciable movement of the apples.

(c) Packs in wooden boxes or baskets shall be sufficiently tight to prevent any appreciable movement of apples within containers when the packages are closed. Each wrapped apple shall be completely enclosed by its individual wrapper.

(d) Apples on the shown face of any container shall be reasonably representative in size, color and quality of the contents.

(e) Tolerances.

In order to allow for variations incident to proper packing, not more than 10 per cent of the containers in any lot may fail to meet these requirements.

1 CRR-NY 185.9 Marking requirements {#sec-1-crr-ny-185.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.9}

(a) The numerical count or the minimum diameter of the apples packed in a closed container shall be indicated on the container.

(b) When the numerical count is not shown the minimum diameter shall be plainly stamped, stenciled, or otherwise marked on the container in terms of whole inches, or whole inches and not less than eighth inch fractions thereof, in accordance with the facts.

1 CRR-NY 185.10 Definitions {#sec-1-crr-ny-185.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.10}

(a) Mature means that the apples have reached the stage of development which will insure the proper completion of the ripening process. Before a mature apple becomes overripe it will show varying degrees of firmness, depending upon the stage of the ripening process. The following terms are used for describing different stages of firmness of apples:

(1) Hard means apples with a tenacious flesh and starchy flavor.

(2) Firm means apples with a tenacious flesh but which are becoming crisp with a slight starchy flavor, except the Delicious variety.

(3) Firm ripe means apples with crisp flesh except that the flesh of the Gano, Ben Davis, and Rome Beauty varieties may be slightly mealy.

(4) Ripe means apples with mealy flesh and soon to become soft for the variety.

(b) Overripe means apples which are dead ripe, with flesh very mealy or soft, and past commercial utility.

(c) Carefully hand-picked means that the apples do not show evidence of rough handling or of having been on the ground.

(d) Clean means that the apples are free from excessive dirt, dust, spray residue and other foreign material.

(e) Fairly well formed means that the apple may be slightly abnormal in shape but not to an extent which detracts materially from its appearance.

(f) Injury means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects shall be considered as injury:

(1) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether or not an apple is injured by russeting. Smooth net-like russeting outside of the stem cavity or calyx basin shall be considered as injury when an aggregate area of more than 10 per cent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted.

(2) Sunburn or sprayburn, when the discolored area does not blend into the normal color of the fruit.

(3) Dark brown or black limb rubs which affect a total area of more than one-fourth inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of injury by russeting.1

(4) Hail marks, drought spots, other similar depressions or scars:

(i) when the skin is broken, whether healed or unhealed;

(ii) when there is appreciable discoloration of the surface;

(iii) when any surface indentation exceeds one-sixteenth inch in depth;

(iv) when any surface indentation exceeds one-eighth inch in diameter; or,

(v) when the aggregate affected area of such spots exceeds one-half inch in diameter.1

(5) Disease.

(i) Cedar rust infection which affects a total area of more than three-sixteenths inch in diameter.1

(ii) Sooty blotch or fly speck which is thinly scattered over more than five per cent of the surface, or dark, heavily concentrated spots which affect an area of more than one-fourth inch in diameter.1

(iii) Red skin spots which are thinly scattered over more than one-tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-fourth inch in diameter.1

(6) Insects.

(i) Any healed sting or healed stings which affect a total area of more than one-eighth inch in diameter including any encircling discolored rings.1

(ii) Worm holes.

(g) Damage means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects shall be considered as damage:

(1) Russeting in the stem cavity or calyx basin which cannot be seen when the apple is placed stem end or calyx end down on a flat surface shall not be considered in determining whether or not an apple is damaged by russeting, except that excessively rough or bark-like russeting in the stem cavity or calyx basin shall be considered as damage when the appearance of the apple is materially affected. The following types and amounts of russeting outside of the stem cavity or calyx basin shall be considered as damage:

(i) Russeting which is excessively rough or Roxbury Russet and other similar varieties.

(ii) Smooth net-like russeting, when an aggregate area of more than 15 per cent of the surface is covered, and the color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous net-like russeting when the appearance is affected to a greater extent than the above amount permitted.

(iii) Smooth solid russeting, when an aggregate area of more than five per cent of the surface is covered, and the pattern and color of the russeting shows no very pronounced contrast with the background color of the apple, or lesser amounts of more conspicuous solid russeting when the appearance is affected to a greater extent than the above amount permitted.

(iv) Slightly rough russeting which covers an aggregate area of more than one-half inch in diameter.1

(v) Rough russeting which covers an aggregate area of more than one-fourth inch in diameter.1

(2) Sunburn or sprayburn which has caused blistering or cracking of the skin, or when the discolored area does not blend into the normal color of the fruit unless the injury can be classed as russeting.

(3) Limb rubs which affect a total area of more than one-half inch in diameter, except that light brown limb rubs of a russet character shall be considered under the definition of damage by russeting.1

(4) Hail marks, drought spots, other similar depressions or scars:

(i) when any unhealed mark is present;

(ii) when any surface indentation exceeds one-eighth inch in depth;

(iii) when the skin has not been broken and the aggregate affected area one-half inch in diameter;1 or,

(iv) when the skin has been broken and well healed, and the aggregate affected area exceeds one-fourth inch in diameter.1

(5) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of one-fourth inch.

(6) Invisible water core existing around the core and extending to water core in the vascular bundles; or surrounding the vascular bundles when the affected areas surrounding three or more vascular bundles meet or coalesce; or existing in more than slight degree outside the circular area formed by the vascular bundles.

(7) Disease.

(i) Scab spots which affect a total area of more than one-fourth inch in diameter.1

(ii) Cedar rust infection which affects a total area of more than one-fourth inch in diameter.1

(iii) Sooty blotch or fly speck which is thinly scattered over more than one tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in diameter.1

(iv) Red skin spots which are thinly scattered over more than one tenth of the surface, or dark, heavily concentrated spots which affect an area of more than one-half inch in diameter.1

(8) Insects.

(i) Any healed sting or healed stings which affect a total area of more than three-sixteenths inch in diameter including any encircling discolored rings.1

(ii) Worm holes.

(h) Serious damage means any defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which seriously detracts from the appearance, or the edible or shipping quality of the apple. The following specific defects shall be considered as serious damage:

(1) The following types and amounts of russeting shall be considered as serious damage:

(i) Smooth solid russeting, when more than one half of the surface in the aggregate is covered, including any russeting in the stem cavity or calyx basin or slightly rough, or excessively rough or bark-like russeting which detracts from the appearance of the fruit to a greater extent than the amount of smooth solid russeting permitted: provided, that, any amount of russeting shall be permitted on Roxbury Russet and other similar varieties.

(2) Sunburn or sprayburn which seriously detracts from the appearance of the fruit.

(3) Limb rubs which affect more than one tenth of the surface in the aggregate.

(4) Hail marks, drought spots, or scars, if they materially deform or disfigure the fruit, or if such defects affect more than one tenth of the surface in the aggregate: provided, that, no hail marks which are unhealed shall be permitted and not more than an aggregate area of one-half inch shall be allowed for well-healed hail marks where the skin has been broken.1

(5) Stem or calyx cracks which are not well healed, or well healed stem or calyx cracks which exceed an aggregate length of one-half inch.

(6) Visible water core which affects an area of more than one-half inch in diameter.1

(7) Disease.

(i) Scab spots which affect a total area of more than three-fourths inch in diameter.1

(ii) Cedar rust infection which affects a total area of more than three-fourths inch in diameter.1

(iii) Sooty blotch or fly speck which affects more than one third of the surface.

(iv) Red skin spots which affect more than one third of the surface.

(v) Bitter pit and Jonathan spot which is thinly scattered over more than one tenth of the surface and does not materially deform or disfigure the fruit.

(8) Insects.

(i) Healed stings which affect a total area of more than one-fourth inch in diameter including any encircling discolored rings. 1

(ii) Worm holes.

(i) Seriously deformed means that the apple is so badly misshapen that its appearance is seriously affected.

(j) Diameter.

When measuring for minimum size, diameter means the greatest dimension of the apple measured at right angles to a line from stem to blossom end. When measuring for maximum size, diameter means the smallest dimension of the apple determined by passing the apple through a round opening in any position.

1 CRR-NY 185.11 Condition standards for export {#sec-1-crr-ny-185.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 185.11}

These standards may be applied to domestic shipments of apples as well as export lots, and may be referred to as “U.S. Condition Standards.”

(a) Not more than five per cent of the apples in any lot shall be further advanced in maturity than firm ripe.

(b) Not more than five per cent of the apples in any lot shall be damaged by storage scab.

(c) Not more than a total of five per cent of the apples in any lot shall be affected by scald, internal breakdown, freezing injury, or decay; or damaged by water core2, bitter pit, Jonathan spot, or other condition factors: provided, that:

(1) not more than a total of two per cent shall be allowed for apples affected by decay and soft scald;

(2) not more than two per cent shall be allowed for apples affected by internal breakdown; and,

(3) not more than two per cent shall be allowed for apples affected by slight scald.

(d) Container packs shall comply with packing requirements specified in the United States Standards for Grades of Apples.

(e) Any lot of apples shall be considered as meeting the U.S. Condition Standards for Export if the entire lot averages within the requirements specified: provided, that no package in any lot shall have more than double the percentages specified except that for packages which contain 10 pounds or less, individual packages in any lot may not have more than three times the tolerance or one apple (whichever is the greater amount).

Part 186 RULES AND REGULATIONS RELATING TO APPLES

1 CRR-NY 186.1 Closed packages; definition {#sec-1-crr-ny-186.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 186.1}

Baskets with covers, burlap-covered barrels, closed cartons, crates, boxes and barrels are included in the term “closed packages”, except containers of 10 pounds or less packed in the store in accordance with section 159 of the Agriculture and Markets Law.

1 CRR-NY 186.2 Branding {#sec-1-crr-ny-186.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 186.2}

All closed packages of apples must be plainly marked with:

(a) The name of the variety of apples contained within the package. If the name is not known, the package shall be branded “Variety unknown”.

(b) The grade of apples contained therein.

(c) The minimum diameter or numerical count of the apples contained in the package. (The maximum size may also be stated, and it is desirable that it be included in export shipments.)

(d) The quantity of apples contained in the package, either by weight or measure.

(e) The name and address of the packer or person by whose authority the apples were packed and the packages marked. When the branding of any closed package of apples is changed, the person by whose authority the change is made shall cancel the name and address of the original packer and substitute therefor his own name and address.

(f) The words “New York” or the abbreviation therefor shall also be marked upon the package, if the apples were grown in New York State.

(g) All markings shall be clear and legible. Height of letters or numbers, indicating the grade and minimum diameter or numerical count shall be at least equal in height to all other required markings.

(1) For packages containing more than 10 pounds net, all markings shall be in letters or numbers not less than three-eighths inch in height.

(2) For packages containing 10 pounds or less, all markings shall be in letters or numbers at least one-eighth inch in height.

(3) All markings may be applied by the use of rubber stamps or stencils or by the use of pasters or labels attached upon or inserted, face out, within a transparent package. Other marks designating private brands will be permitted, but must not include any statement conflicting with the markings required by statute or by these rules and regulations.

(h) United States Standards for apples for processing may be used on apples intended for canning, freezing or drying, provided the grade is preceded by the word “Processing”.

1 CRR-NY 186.3 Deceptive branding and labeling of packages {#sec-1-crr-ny-186.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 186.3}

The law specifically prohibits the sale or transporting for sale of apples, either in open or closed packages, if the package or the label shall bear any statement, design or device which is false or misleading in any particular.

Statements such as “Fancy” on U.S. No. 1, or on any grade other than U.S. Fancy, or the use of the term “Extra Choice” on poor apples branded “Unclassified”, and all similar deceptive and misleading statements are forbidden by statute.

1 CRR-NY 186.4 Facing {#sec-1-crr-ny-186.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 186.4}

The facing of an open or closed package with the largest, highest-colored and best quality apples in the package is not permitted. It is required that the face or shown surface of the package shall be an average of the contents as to size, color and freedom from defects.

1 CRR-NY 186.5 Delivery to storage {#sec-1-crr-ny-186.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 186.5}

When apples in closed packages are delivered to a storage warehouse for storage, such delivery is presumptive evidence that the apples are intended for sale. The packages of apples become subject to inspection and must be properly branded. In the case of apples placed in storage for packing or processing later, the owner may file with the operator of the storage a statement in writing, signed by the owner, describing the apples, indicating storage lot numbers or other definite identification, stating the number of packages, and declaring that they are either to be used for processing or are to be repacked and properly branded before shipment. Said notice is to be placed on file with the first delivery and amended with each subsequent delivery to correspond at all times with the total number of packages stored. Such a statement will be regarded by the department as overcoming the presumption that the apples are intended for sale, provided that the statement is kept continuously available for examination by representatives of the department, and that due notice is given to the department when the apples are repacked and branded.

1 CRR-NY 186.6 Delivery to any carrier {#sec-1-crr-ny-186.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 186.6}

Closed packages of apples delivered to a transportation company for shipment are presumed to be intended for sale, and must be packed and branded as required by law, unless the owner can prove that such apples are not intended for sale as packed.

1 CRR-NY 186.7 Culls {#sec-1-crr-ny-186.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 186.7}

(a) No person shall sell, expose for sale or transport for sale, except for processing or manufacturing, open packages of apples containing more than 15 percent by weight or measure of “culls” as culls are defined in the Definition of Terms accompanying the New York State Standards for grading and classifying apples fixed and promulgated contemporaneously herewith, unless the packages be plainly and conspicuously marked with the word “Culls”. This prohibition shall not apply to apples sold by the grower on a “tree run” basis when the apples are to be re-packed before re-sale.

(b) No apples so defined as “culls” shall be included in any closed package of apples, except within the tolerances established for the several New York State standard grades for unavoidable variations incident to proper grading, sorting and handling.

1 CRR-NY 186.8 Bulk displays {#sec-1-crr-ny-186.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 186.8}

A “bulk display” within the meaning of section 159 of article 13 of the Agriculture and Markets Law shall:

(a) be located closely adjacent to the packaged apples of which it is intended to serve as a sample and near enough to permit ready comparison;

(b) consist of a quantity of apples sufficiently and adequately representative of the number of containers displayed.

1 CRR-NY 186.9 Advertising {#sec-1-crr-ny-186.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 186.9}

Agriculture and Markets Law, § 159

Any advertisement of apples for sale at a given price shall plainly and conspicuously indicate and state the grade and variety of the apples so advertised.

1 CRR-NY 186.10 Packaging of orchard run grade of apples {#sec-1-crr-ny-186.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 186.10}

Agriculture and Markets Law, § 159

No person shall sell, expose for sale or transport for sale apples graded orchard run in closed packages of 10 pounds or less net weight.

Part 187 RULES AND REGULATIONS AS TO CONTROLLED ATMOSPHERE IN RELATION TO APPLES

1 CRR-NY 187.1 Definitions {#sec-1-crr-ny-187.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 187.1}

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

(b) Department means the Department of Agriculture and Markets.

(c) Person means any individual, corporation, partnership, association or other organized group or persons, or any business entity, by whatever name designated and whether or not incorporated.

1 CRR-NY 187.2 Application only to apple rooms or storage buildings {#sec-1-crr-ny-187.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 187.2}

The following rules and regulations apply only to rooms or storage buildings containing apples.

1 CRR-NY 187.3 Registration; assigned “CA” number {#sec-1-crr-ny-187.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 187.3}

(a) Any person owning or operating a controlled atmosphere room or storage building or packers or repackers of apples coming under the provisions of section 156-dd of the Agriculture and Markets Law shall register with the commissioner on a form prescribed by the commissioner. The registration period shall commence on August 1st and end on July 31st of each year. Owners or operators of such a room or storage building shall register on or before August 1st of each year.

(b) The commissioner shall assign each approved registrant a registration number preceded by the letters CA. This number shall be marked on all containers coming under the provisions of this Part and shall be in accordance with all provisions pertaining to the markings as set forth in any article of the Agriculture and Markets Law.

1 CRR-NY 187.4 Daily air components determination; oxygen percentage regulated {#sec-1-crr-ny-187.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 187.4}

Each owner or operator shall make the required air components determinations daily. The percent of oxygen shall be reduced to five percent within 20 days after date of sealing.

1 CRR-NY 187.5 Records {#sec-1-crr-ny-187.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 187.5}

(a) Each owner or operator shall maintain a record for each room on an approved form or forms. The records shall include owner or operator's name and address, room number, date of sealing, date of opening, capacity in bushels, lot identification, number of bushels within each lot, daily air constituents determination recordings showing date of test, time of test, percentage of oxygen, temperature and comments.

(b) Any person selling, offering for sale or transporting for sale within this State apples coming under the provisions of this section shall furnish an invoice covering the sale of such apples. Each invoice shall indicate the CA registration number assigned to the owner or owners of the controlled atmosphere room or storage building in which each lot or lots of apples included thereon were kept. Each invoice shall also include the CA number required to be marked on each container within each lot or lots of apples included thereon.

(c) Each owner or operator shall submit to the department, within 20 days after date of sealing, a report in writing, for each room showing room number, date of sealing and number of bushels contained therein.

1 CRR-NY 187.6 Storage of apples {#sec-1-crr-ny-187.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 187.6}

(a) McIntosh, Cortland, Empire and Jonamac varieties may be represented as having been exposed to controlled atmosphere, provided that the controlled atmosphere rooms in which the apples are stored are filled, sealed and reduced to a five percent oxygen level within seven days from the date filling begins and the apples are held in such storage for a minimum of 60 days at not more than five percent oxygen.

(b) Cortland, Empire and Jonamac varieties may also be represented as having been exposed to controlled atmosphere, provided that the controlled atmosphere rooms in which the apples are stored are reduced to a five percent oxygen level within 20 days from the date of sealing and the apples are held in such storage for a minimum of 90 days at not more than five percent oxygen.

(c) McIntosh variety may also be represented as having been exposed to controlled atmosphere provided that the controlled atmosphere rooms in which the apples are stored are filled and sealed within 14 days from the date filling begins and are reduced to a five percent oxygen level within 20 days from the date of sealing and the apples are held in such storage for a minimum of 90 days at not more than five percent oxygen.

1 CRR-NY 187.7 Sealing and reopening of controlled atmosphere rooms {#sec-1-crr-ny-187.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 187.7}

(a) All controlled atmosphere rooms shall, upon complying with the filling, sealing and atmosphere requirements of this Part, be sealed by a department seal affixed by an authorized department representative. Any such sealed room may not be entered during the required 60- or 90-day storage period except under the following conditions:

(1) to make repairs necessary to maintain proper storage conditions, in which event the commissioner or his authorized representative shall be notified of such entry within 48 hours;

(2) for the purpose of removing apples, such entry being subject to the following requirements:

(i) that the commissioner or his authorized representative be notified of the amount to be removed 24 hours prior to opening the room; and

(ii) that no apples be added during the time the room is open; and

(iii) that while open, the temperature of rooms containing soft varieties, such as McIntosh and Cortland, not exceed 42 degrees Fahrenheit, and of rooms containing hard varieties, such as Delicious, Rome and Stayman Winesap, not exceed 36 degrees Fahrenheit; and

(iv) that the oxygen content of the room be reduced to five percent or less within six days (144 hours) after the time the room is opened; and

(v) that no room shall be entered more than once during the required 60- or 90-day period for the purpose of removing apples.

(b) Any room which has been entered in accord with the provisions of subdivision (a) of this section shall thereafter be resealed by an authorized department representative, and the total amount of time such room has been above five percent oxygen shall be added to the original 60- or 90-day period thereby assuring a minimum of 60 or 90 days at or below five percent oxygen.

Part 188 LETTUCE GRADES AND DEFINITIONS OF CULLS

1 CRR-NY 188.1 Grades {#sec-1-crr-ny-188.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 188.1}

Additional statutory authority: Agriculture and Markets Law, § 18

(a)

(1) Fancy consists of heads of lettuce of similar varietal characteristics which are fresh and green, which are not soft, overgrown, burst or ribby, which are free from decay, russet spotting and doubles, and free from injury caused by tipburn, downy mildew, freezing and discoloration, and from damage caused by opening, seedstems, broken midribs, dirt, disease, insects, or mechanical or other means. Each head shall be fairly well trimmed unless specified as closely trimmed. In any lot of Iceberg type lettuce the percentages of firm and hard heads shall be specified separately in connection with the grade.

(2) Tolerances. In order to allow for variations incident to proper grading and handling the following tolerances, by count, shall be permitted in any lot:

(i) At shipping point. Eight percent for heads of lettuce which fail to meet the requirements of this grade: provided that included in this amount not more than four percent shall be allowed for defects causing serious damage, including in this latter amount not more than one percent for heads which are affected by decay on any portion of the head exclusive of the wrapper leaves.

(ii) En route or at destination. Twelve percent for heads of lettuce which fail to meet the requirements of this grade: provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(a) eight percent for heads having permanent defects; or

(b) six percent for heads which are seriously damaged, including therein not more than four percent for heads which are seriously damaged by permanent defects and not more than three percent for heads which are affected by decay on any portion of the head exclusive of the wrapper leaves. (See § 188.2.)

(b)

(1) No. 1 consists of heads of lettuce of similar varietal characteristics which are fresh and green, which are not soft or burst, and which are free from decay and doubles and from damage caused by tipburn, downy mildew, opening, seedstems, broken midribs, freezing, discoloration, dirt, disease, insects, or mechanical or other means. Each head shall be fairly well trimmed unless specified as closely trimmed. On any lot of Iceberg type lettuce the percentages of firm and hard heads shall be specified separately in connection with the grade.

(2) Tolerances. In order to allow for variations incident to proper grading and handling the following tolerances, by count, shall be permitted in any lot:

(i) At shipping point. Eight percent for heads of lettuce which fail to meet the requirements of this grade: provided, that included in this amount not more than four percent shall be allowed for defects causing serious damage, including in this latter amount not more than one percent for heads which are affected by decay on any portion of the head exclusive of the wrapper leaves.

(ii) En route or at destination. Twelve percent for heads of lettuce which fail to meet the requirements of this grade: provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(a) eight percent for heads having permanent defects; or

(b) six percent for heads which are seriously damaged, including therein not more than four percent for heads which are seriously damaged by permanent defects and not more than three percent for heads which are affected by decay on any portion of the head exclusive of the wrapper leaves. (See § 188.2.)

(c)

(1) No. 2 consists of heads of lettuce of similar varietal characteristics which are not burst and which are free from decay, and from serious damage caused by wilting, tipburn, downy mildew, seedstems, freezing, discoloration, disease, insects, or mechanical or other means. There are no solidarity requirements in this grade but heads of Iceberg type lettuce which are distinctly open and leafy with practically no head formation shall not be permitted.

(2) Tolerances. In order to allow for variations incident to proper grading and handling the following tolerances, by count, shall be permitted in any lot:

(i) At shipping point. Eight percent for heads of lettuce which fail to meet the requirements of this grade: provided, that included in this amount not more than three percent shall be allowed for heads which are affected by decay on any portion of the head exclusive of the wrapper leaves.

(ii) En route or at destination. Twelve percent for heads of lettuce which fail to meet the requirements of this grade: provided, that included in this amount not more than the following percentages shall be allowed for defects listed:

(a) eight percent for heads having permanent defects; or

(b) five percent for heads which are affected by decay on any portion of the head exclusive of the wrapper leaves. (See § 188.2.)

1 CRR-NY 188.2 Application of tolerances {#sec-1-crr-ny-188.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 188.2}

In order to meet the requirements of a specified grade the average percentages of defective specimens in the lot, based on sample inspection, shall be within the tolerance specified, and the number of defective specimens in individual packages in the lot shall be within the limitations set forth in the following table:

| Maximum number of defective heads permitted in any package | | | | | | --- | --- | --- | --- | --- | | Total number of heads in package | | | | | | Lot tolerance, percent | 24 | 18 or 20 | 30 | Over 30 | | 1 | 1 | 1 | 2 | 2 | | 3 | 3 | 2 | 3 | 4 | | 4 | 3 | 3 | 4 | 4 | | 5 | 3 | 3 | 4 | 5 | | 6 | 4 | 3 | 5 | 6 | | 8 | 5 | 4 | 6 | 7 | | 12 | 6 | 5 | 7 | 9 | | | | | | |

1 CRR-NY 188.3 Standard pack {#sec-1-crr-ny-188.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 188.3}

(a) Heads of lettuce shall be fairly uniform in size, and fairly tightly to tightly packed, but not excessively tightly packed, in uniform layers in the container according to the approved and recognized methods; except that in standard fiberboard containers, a “bridge” of six heads may be placed between the layers in a 2 ½-dozen pack.

(1) (i) Fairly uniform in size means that not more than 10 percent, by count, of heads in any container may vary appreciably in size from the standard size head for the count pack.

(ii) The standard size head for a two-dozen pack is that size head, having four wrapper leaves, which will pack tightly, but not excessively tightly, three rows with four heads of uniform size in each row in a layer in a standard fiberboard container. Heads having lesser or greater numbers of wrapper leaves which can be packed as specified herein are considered equivalent in size to a standard size head with four wrapper leaves.

(2) Excessively tightly packed means that heads are packed so tightly as to cause distortion, or crushing of the heads or breaking of the midribs.

(b) When heads of lettuce are wrapped, no head may have more than one wrapper leaf.

(c) In order to allow for variations incident to proper packing, not more than a total of 10 percent of the containers in any lot may fail to meet the requirements of standard pack.

1 CRR-NY 188.4 Solidity classification {#sec-1-crr-ny-188.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 188.4}

The following terms shall be used in describing the solidity of lettuce:

(a) Hard means that the head is compact and solid. This term represents the highest degree of solidity.

(b) Firm means that the head is compact, but may yield slightly to moderate pressure.

(c) Fairly firm means that although the head is not firm, it is not soft and spongy, and has good head formation and edible content.

(d) Soft means that the head is easily compressed or spongy.

1 CRR-NY 188.5 Definitions {#sec-1-crr-ny-188.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 188.5}

As used in this Part:

(a) Similar varietal characteristics means that the heads in any container have the same characteristic leaf growth. For example, lettuce of the Iceberg and Big Boston types shall not be mixed.

(b) Fresh means that the head as a whole has normal succulence and the wrapper leaves and the outermost head leaves are not more than slightly wilted.

(c) Green means that one-half or more of the exterior surface of the head, exclusive of the wrapper leaves, has at least a light green color.2

(d) Overgrown means that heads of lettuce are no longer young and succulent, are excessively hard, past the most desirable edible stage, and are readily subject to, but not necessarily affected by russet spotting, pink rib and other discoloration associated with aging.

(e) Burst means that the head is split or broken open.

(f) Ribby means that the midribs of the head leaves are so prominent that they materially detract from the appearance of the head.

(g) Doubles means two heads on the same stem.

(h) Injury means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which noticeably detracts from the appearance, or the edible or shipping quality of the lettuce. The following specific defects shall be considered as injury:

(1) Tipburn when more than two spots of tipburn occur anywhere in the compact portion of the head or:

(i) at shipping point when the aggregate area of discernible tipburn regardless of color exceeds that of a rectangle one inch in length and one-fourth inch in width; and

(ii) en route or at destination when the aggregate area of tipburn of a light buff3 or darker color exceeds that of a rectangle one inch in length and one-fourth inch in width.

(2) Downy mildew:

(i) at shipping point when apparent on any head leaf or wrapper leaf; and

(ii) en route or at destination when readily apparent on any head leaf or when discoloration associated with mildew is readily apparent on more than two wrapper leaves.

(3) Freezing when blistering, peeling, or other injury resulting from freezing, except discoloration, is readily apparent on any outer head leaf.

(4) Discoloration of any one of the following types or a combination of two or more types the seriousness of which exceeds the maximum allowed for any one type:

(i) yellow or brown discoloration from any cause, affecting any portion of the leaf, when materially detracting from the appearance of the wrapper leaves;

(ii) yellow or brown discoloration from any cause when readily apparent on the compact portion of the head;

(iii) reddish discoloration following bruising when noticeably detracting from the appearance of more than two outer head leaves;

(iv) pink rib:

(a) at shipping point when any pink rib is present on head leaves; and

(b) en route or at destination when the midribs of more than two head leaves show noticeable areas of pink color as viewed on the outer surface of the leaf, or when causing any head leaf to be excessively papery and tough;

(v) rib discoloration:

(a) at shipping point when any rib discoloration is present on head leaves; and

(b) en route or at destination when distinct brown or black spots of rib discoloration are present on the outer surface of any head leaf.

(i) Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or shipping quality of the lettuce. The following specific defects shall be considered as damage:

(1) Tipburn:

(i) at shipping point when the aggregate area of discernible tipburn regardless of color occurring anywhere in the compact portion of the head exceeds that of a rectangle one inch in length and one-half inch in width; and

(ii) en route or at destination when the aggregate area of tipburn of a light buff4 or darker color occurring anywhere in the compact portion of the head exceeds that of a rectangle one inch in length and one-half inch in width;

(2) Downy mildew:

(i) at shipping point when readily apparent on any head leaf; when mildew not accompanied by discoloration is readily apparent on more than two wrapper leaves, or when discoloration associated with mildew is readily apparent on any wrapper leaf; and

(ii) en route or at destination when materially detracting from the appearance of any head leaf or when seriously detracting from the appearance of more than two wrapper leaves;

(3) Opening in a hard or firm head when one-fourth or more of the head is separated from the remainder, or any degree of opening in a fairly firm head;

(4) Seedstems when excessively long, excessively curved, tough or fibrous;

(5) Broken midribs when more than two head leaves have midribs broken in two due to abnormal growth;

(6) Freezing when blistering, peeling, or other injury resulting from freezing, except discoloration, materially detracts from the appearance or the edible quality of more than two outer head leaves;

(7) Discoloration of any one of the following types or a combination of two or more types the seriousness of which exceeds the maximum allowed for any one type:

(i) yellow or brown discoloration from any cause, affecting any portion of the leaf, when seriously detracting from the appearance of the wrapper leaves;

(ii) yellow or brown discoloration from any cause when materially detracting from the appearance of the head exclusive of the wrapper leaves;

(iii) reddish discoloration following bruising when materially detracting from the appearance of more than two outer head leaves;

(iv) russet spotting:

(a) at shipping point when any russet spotting is present; and

(b) en route or at destination, when present in any degree on more than two outer head leaves, or when the number, size and color of the spots materially detracts from the appearance of any head leaf;

(v) pink rib when the midribs of more than two head leaves show areas of deep pink color more than two inches in length as viewed on the outer surface of the leaf, or when causing more than two head leaves to be excessively papery and tough; and

(vi) rib discoloration when the aggregate length of brown or black spots of rib discoloration on the outer surface of any head leaf exceeds one inch;

(8) Dirt when the compact portion of the head is smeared with mud, when the wrapper leaves are badly smeared with mud, or when the basal portion of the head is caked with mud or dry dirt; and

(9) Insects when the compact portion of the head is infested, or the wrapper leaves are badly infested with aphids or other insects, or when there is insect feeding injury on the compact portion of the head.

(j) Fairly well trimmed means that the butt is trimmed off closely below the point of attachment of the outer leaves, and that on a head of Iceberg type lettuce, wrapper leaves do not exceed six in number, not more than four of which may be excessively large and coarse.

(k) Wrapper leaves means all leaves which do not fairly closely enfold the compact portion of the head.

(l) Closely trimmed means that the butt is trimmed off closely below the point of attachment of the outer leaves and that, on a head of Iceberg type lettuce, wrapper per leaves do not exceed three in number, none of which may be excessively large and coarse.

(m) Permanent defects means defects which are not subject to change during shipment or storage, including but not limited to soft, burst, open or poorly trimmed heads, seedstems or dirt.

(n) Condition defects means defects which are subject to change during shipment or storage, including but not limited to decay, tipburn, russet spotting, pink rib, rib discoloration, and freezing injury.

(o) Serious damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or shipping quality of the lettuce. The following specific defects shall be considered as serious damage:

(1) Tipburn:

(i) at shipping point when the aggregate area of discernible tipburn regardless of color occurring anywhere in the compact portion of the head exceeds that of a rectangle three inches in length and one inch in width; and

(ii) en route or at destination when the aggregate area of tipburn of a light buff5 or darker color occurring anywhere in the compact portion of the head exceeds that of a rectangle three inches in length and one inch in width;

(2) Downy mildew:

(i) at shipping point when materially detracting from the appearance or shipping quality of any head leaf; when mildew not accompanied by discoloration is readily apparent on more than three wrapper leaves, or when discoloration associated with mildew is readily apparent on more than two wrapper leaves; and

(ii) en route or at destination when materially detracting from the appearance of more than two head leaves or when seriously detracting from the appearance of the wrapper leaves;

(3) Seedstems when causing the head to split or when protruding through the outer head leaves;

(4) Freezing when blistering, peeling, or other injury resulting from freezing, except discoloration, seriously detracts from the appearance or edible quality of more than two outer head leaves;

(5) Discoloration of any one of the following types, or a combination of two or more types the seriousness of which exceeds the maximum allowed for any type:

(i) yellow or brown discoloration from any cause, affecting any portion of the leaf, when very seriously detracting from the appearance of the wrapper leaves;

(ii) yellow or brown discoloration from any cause when seriously detracting from the appearance of the head exclusive of the wrapper leaves;

(iii) reddish discoloration following bruising when seriously detracting from the appearance of more than two outer head leaves;

(iv) russet spotting:

(a) at shipping point when any russet spotting is present;

(b) en route or at destination when the number, size, and color of the spots seriously detracts from the appearance of two or more head leaves;

(v) pink rib when areas of deep pink color, as viewed on the outer surface of the leaf, seriously detract from the appearance or the edible quality of more than two leaves; and

(vi) rib discoloration when seriously detracting from the appearance or the edible quality of more than two head leaves.

(6) Decay affecting any portion of the head including wrapper leaves.

(p) Shipping point means the point of origin of the shipment in the producing area.

1 CRR-NY 188.6 Culls {#sec-1-crr-ny-188.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 188.6}

Culls as applied to lettuce, means any lot of lettuce which contains:

(a) more than a total of 15 percent of heads which are seriously damaged by any means;

(b) more than a total of eight percent serious damage by permanent defects; or

(c) more than a total of seven percent of heads which are effected by decay on any portion of the head, exclusive of wrapper leaves.

1 CRR-NY 188.7 [Repealed] {#sec-1-crr-ny-188.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 188.7}

Part 189 RULES AND REGULATIONS RELATING TO LETTUCE

1 CRR-NY 189.1 Use of “U.S.” prefix {#sec-1-crr-ny-189.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 189.1}

In describing or marking lettuce, packed or repacked within this State and offered for sale on a graded basis the letters “U.S.” may be prefixed to any of the grade terms, and when so prefixed the lettuce to which they relate shall be regarded as represented as graded according to New York official lettuce grades.

1 CRR-NY 189.2 Cull lettuce {#sec-1-crr-ny-189.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 189.2}

(a) Any lot of cull lettuce, regardless of place of origin, when sold or offered for sale in this State shall be definitely represented as cull lettuce. Every invoice rendered in connection with the sale of cull lettuce shall describe the lettuce as culls.

(b) All required marks or labels designating cull lettuce on containers, on display signs used in connection with bulk displays, or on individually wrapped heads, shall be in letters at least 1 ½ inches in height.

1 CRR-NY 189.3 Definitions {#sec-1-crr-ny-189.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 189.3}

As used in this Part:

(a) The words closed package mean a crate, box, carton or other container, the contents of which cannot be adequately inspected without opening.

(b) The word lettuce means iceberg type lettuce.

(c) The words good delivery standards mean, in connection with the use of the official lettuce grades, shipments of lettuce enroute or at destination of lettuce and at retail sale may contain an average of not more than three percent condition defects, including not more than two percent decay affecting any portion of the head exclusive of wrapper leaves in excess of the destination tolerances provided for the applicable grade in the official New York or U. S. standards for grades of lettuce. (For example, the No. 1 grade provides a 12 percent tolerance for damage at destination. If a lot contains five percent damage by permanent grade factors, seven percent of the tolerance can be applied to damage by condition factors. The additional three percent tolerance would then allow a total of 10 percent damage by condition factors in this shipment at retail destination and at retail sale.)

(d) The words fairly uniform in size mean that not more than 10 percent, by count, of the heads in any container may vary appreciably in size from the standard size head for the count pack.

(e) The words excessively tightly packed mean that heads are packed so tightly as to cause distortion or crushing of the heads or breaking of the midribs. The packing of 24 heads of 18 size in a standard cardboard lettuce container would result in an excessively tight pack.

1 CRR-NY 189.4 Branding {#sec-1-crr-ny-189.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 189.4}

(a) Each closed package of lettuce when sold, exposed for sale or transported for sale shall be plainly and conspicuously marked to show:

(1) That such lettuce is “cull lettuce,” if such is the fact.

(2) The number of heads of lettuce contained therein.

(3) That the package was vacuum-cooled, if such is the fact.

(4) The name and address of the packer or repacker.

The cull identification requirement of paragraph (1) of this Subpart shall not apply to closed packages of lettuce which are being held for sale at retail in the retailer's own storage facilities or which are being transported from such storage facilities to stores operated by such retailer.

(b) All markings shall be clear and legible, the height of letters or numbers indicating the grade, number of heads, and whether vacuum-cooled shall be at least equal in height to all other required markings.

(c) For packages containing more than 10 heads of lettuce all markings shall be in letters or numbers not less than one inch in height.

(d) For packages containing 10 heads or less, all markings shall be in letters or numbers at least one-eighth inch in height.

(e) All marks or labels designating the grade of lettuce shall be clear and legible, plainly printed, stenciled or stamped. Labels in connection with transparent film type packages shall, if inserted, be placed face out in a conspicuous manner and position.

(f) All required markings on tags shall be at least five-eighths inches in height except for marking “culls”.

1 CRR-NY 189.5 Packaging requirements {#sec-1-crr-ny-189.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 189.5}

(a) Heads of lettuce shall be fairly uniform in size and tightly but not excessively tightly packed in uniform layers in the containers according to approved and recognized methods.

(b) The standard size head for a two-dozen pack is that size head having four wrapper leaves, which will pack tightly but not excessively tightly three rows with four heads of uniform size in each row in a layer in a standard cardboard container. Heads having lesser or greater number of wrapper leaves which can be packed as specified herein are considered equivalent in size to a standard size head with four wrapper leaves.

(c) In order to allow for variations incident to proper packing, not more than a total of 10 percent of the containers in any lot may fail to meet the packaging requirements.

1 CRR-NY 189.6 Deceptive branding and labeling of packages {#sec-1-crr-ny-189.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 189.6}

The sale or transporting for sale of lettuce in open or closed packages, or unwrapped lettuce is forbidden if the branding, representation as to grade, or any statement, design or device appearing on the label, package or bulk display shall be false or misleading in any particular. However, the representation as to the official grades of shipment of lettuce at retail destination will not be false or misleading if in compliance with good delivery standards.

1 CRR-NY 189.7 Vacuum-cooled {#sec-1-crr-ny-189.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 189.7}

(a) When lettuce is represented as having been vacuum-cooled, or required to be vacuum-cooled under the provisions of article 13-C of the Agriculture and Markets Law, the lettuce shall have been properly vacuum-cooled by recognized and approved vacuum cooling equipment which reduces the core temperature of lettuce to 36 degrees or less when the vacuum cooling process is completed. Temperature of head lettuce reported shall be the temperature taken near the center of the head with thermometer which has previously been cooled to the approximate temperature of the lettuce.

(b) Any person selling, offering for sale or transporting for sale, within this State, lettuce represented as having been vacuum-cooled, or required to be vacuum-cooled under the provisions of article 13-C of the Agriculture and Markets Law shall be required upon request to produce a certificate issued by the vacuum cooling firm showing the name of the applicant, date, hour and location where the vacuum cooling took place and the temperature of the product immediately after it was precooled; also the trailer or truck license number.

1 CRR-NY 189.8 Invoice or bill of sale required {#sec-1-crr-ny-189.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 189.8}

Any person selling, offering for sale or transporting for sale lettuce within this State shall be required upon request, to produce an invoice or bill of sale covering the sale of such lettuce.

1 CRR-NY 189.9 Standard weight {#sec-1-crr-ny-189.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 189.9}

(a) The following weight requirements may be used in connection with grade: lettuce packed in standard lettuce containers shall have a net weight of not less than 42 pounds (19 kg) and not more than 50 pounds (23 kg).

(b) In order to allow for variations incident to proper packing, not more than a total of five percent of the containers in any lot may fail to meet the requirements of standard weight.

1 CRR-NY 189.10 [Repealed] {#sec-1-crr-ny-189.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 189.10}

Subchapter D EGGS (ARTICLE 13-A AGRICULTURE AND MARKETS LAW)

Part 190 STANDARDS, GRADES AND SIZES FOR SHELL EGG

1 CRR-NY 190.1 General provisions {#sec-1-crr-ny-190.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.1}

(a) The grades set forth in this Part are applicable to edible shell eggs in “lot” quantities rather than on a “individual” egg basis. A lot may contain any quantity of two or more eggs.

(b) Terms used in this Part that are defined in the standards for quality of individual shell eggs have the same meaning in this Part as in those standards.

(c) Aggregate tolerances are permitted within each grade only as an allowance for variable efficiency and interpretation of graders, normal changes under favorable conditions during reasonable periods between grading, and reasonable variation of graders' interpretation.

(d) As used in this Part, case means 30-dozen egg cases as used in commercial practices in the United States.

(e) Substitution of higher qualities for the lower qualities specified is permitted.

(f) The percentage requirements for grades as set forth in sections 190.2 and 190.3 of this Part shall be applicable.

(g) No grade means eggs of possible edible quality that fail to meet the requirements of an official grade or that have been contaminated by smoke, chemicals, or other foreign material which has seriousy affected the character, appearance, or flavor of the eggs.

(h) All shell eggs when sold or exposed for sale to the consumers for human consumption shall be sold or exposed for sale on the basis of the grades set forth in this Part.

1 CRR-NY 190.2 New York State consumer grades {#sec-1-crr-ny-190.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.2}

The prefixes “N.Y.”, “New York” or “New York State” may be used in conjunction with the official grades of shell eggs established by section 190.1 of this Part.

1 CRR-NY 190.3 Grades {#sec-1-crr-ny-190.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.3}

(a) Grade AA.

(1) N.Y. Consumer Grade AA (at origin) shall consist of eggs which are at least 87 percent AA quality. The maximum tolerance of 13 percent which may be below AA quality may consist of A or B quality in any combination except that within the tolerance for B quality not more than one percent may be B quality due to air cells over ⅜ inch, blood spots (aggregating not more than ⅛ inch in diameter) or serious yolk defects. Not more than five percent (seven percent for Jumbo size) checks are permitted and not more than 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(2) N.Y. Consumer Grade AA (destination) shall consist of eggs which are at least 72 percent AA quality. The remaining tolerance of 28 percent shall consist of at least 10 percent A quality and the remainder shall be B quality, except that within the tolerance for B quality not more than one percent may be B quality due to air cells over ⅜ inch, blood spots (aggregating not more than ⅛ inch in diameter) or serious yolk defects. Not more than seven percent (nine percent for Jumbo size) checks are permitted and not more than one percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(b) N.Y. Grade A.

(1) N.Y. Consumer Grade A (at origin) shall consist of eggs which are at least 87 percent A quality or better. Within the maximum tolerance of 13 percent which may be below A quality, not more than one percent may be B quality due to air cells over ⅜ inch, blood spots (aggregating not more than ⅛ inch in diameter), or serious yolk defects. Not more than five percent (seven percent for Jumbo size) checks are permitted and not more than 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(2) N.Y. Consumer Grade A (destination) shall consist of eggs which are at least 82 percent A quality or better. Within the maximum tolerance of 18 percent which may be below A quality, not more than one percent may be B quality due to air cells over ⅜ inch, blood spots (aggregating not more than ⅛ inch in diameter), or serious yolk defects. Not more than seven percent (nine percent for Jumbo size) checks are permitted and not more than one percent leakers, dirties or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(c) N.Y. Grade B.

(1) N.Y. Consumer Grade B (at origin) shall consist of eggs which are at least 90 percent B quality or better, not more than 10 percent may be checks and not more than 0.50 percent leakers, dirties or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(2) N.Y. Consumer Grade B (destination) shall consist of eggs which are at least 90 percent B quality or better, not more than 10 percent may be checks and not more than one percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

(d) Additional tolerances.

(1) In lots of two or more cases:

(i) For Grade AA—No individual case may exceed 10 percent less AA quality eggs than the minimum permitted for the lot average.

(ii) For Grade A—No individual case may exceed 10 percent less A quality eggs than the minimum permitted for the lot average.

(iii) For Grade B—No individual case may exceed 10 percent less B quality eggs than the minimum permitted for the lot average.

(2) For Grades AA, A and B, no lot shall be rejected or downgraded due to the quality of a single egg except for loss other than blood or meat spots.

1 CRR-NY 190.4 The summary of New York consumer grades {#sec-1-crr-ny-190.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.4}

Grades for shell eggs follow as Table I and Table II of this section:

Table I — Summary of N.Y. Consumer Grades for Shell Eggs

| N.Y. Consumer Grade (origin) | Quality1 Required | Tolerance Permitted2 | | | --- | --- | --- | --- | | | | Percent | Quality | | Grade AA | 87 percent AA | Up to 13 | A or B5 | | | | not over 5 | | | | | Checks6 | | | Grade A | 87 percent A | Up to 13 | B5 | | | or better | Not over 5 | | | | | Checks6 | | | Grade B | 90 percent B | Not over 10 | | | | or better | Checks | | | | | | | | N.Y. Consumer Grade (destination) | Quality1 Required | Tolerance Permitted2 | | | | | Percent | Quality | | Grade AA | 72 percent AA | Up to 284 | A or B5 | | | | Not over 7 | | | | | Checks6 | | | Grade A | 82 percent A | Up to 18 | B5 | | | or better | Not over | | | | | 7 Checks6 | | | Grade B | 90 percent B | Not over | | | | or better | 10 Checks | |

1In lots of two or more cases, see Table II of this section for tolerances for an individual case within a lot.

2For the N.Y. consumer grades (at origin), a tolerance of 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination is permitted except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

3For the N.Y. consumer grades (destination), a tolerance of one percent leaders, dirties, or loss (due to meat or blood spots) in any combination is permitted except that such loss may not exceed 0.30 percent. Other types of loss are not permitted.

4For N.Y. Grade AA at destination, at least 10 percent must be A quality or better.

5For N.Y. Grade AA and A at origin and destination within the tolerances permitted for B quality, not more than one percent may be B quality due to air cells over 3/8 inch, blood spots (aggregating not more than 1/8 inch in diameter), or serious yolk defects.

6For N.Y. Grades AA and A jumbo size eggs, the tolerance for checks at origin and destination is seven percent and nine percent respectively.

Table II — Tolerance for Individual Case Within a Lot

| N.Y. Consumer Grade | Case quality | Origin (percent) | Destination (percent) | | --- | --- | --- | --- | | Grade AA | AA (min.) | 77 | 62 | | | A or B | 13 | 28 | | | Check (max.) | 10 | 10 | | Grade A | A (min.) | 77 | 72 | | | B | 13 | 18 | | | Check (max.) | 10 | 10 | | Grade B | B(min.) | 80 | 80 | | | Check (max.) | 20 | 20 |

1 CRR-NY 190.5 Weight classes.1 {#sec-1-crr-ny-190.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.5}

(a) The weight classes for consumer grades for shell eggs shall be as follows and shall apply to all consumer grades:

| Size or Weight Class | Minimum Net Weight Per Dozen | Minimum Net Weight Per 30 Dozen | Weight for Individual Eggs at Rate Per Dozen | | --- | --- | --- | --- | | Jumbo | 30 | 56 | 29 | | Extra Large | 27 | 50 1/2 | 26 | | Large | 24 | 45 | 23 | | Medium | 21 | 39 1/2 | 20 | | Small | 18 | 34 | 17 | | Peewee | 15 | 28 | — |

(b) A lot average tolerance of 3.3 percent for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds five percent.

1 CRR-NY 190.6 Standards for quality of individual shell eggs {#sec-1-crr-ny-190.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.6}

(a) AA quality.

The shell must be clean, unbroken and practically normal. The air cell must not exceed ⅛ inch in depth, may show unlimited movement and may be free or bubbly. The white must be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.

(b) A quality.

The shell must be clean, unbroken and practically normal. The air cell must not exceed 3/16 inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light.

(c) B quality.

The shell must be unbroken, may be abnormal, and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over 3/16 inch in depth, may show unlimited movement, and may be free or bubbly. The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged, and flattened, and may show clearly visible germ development. It may show other serious defects that do not render the egg inedible. Small blood spots or meat spots (aggregating not more than ⅛ inch in diameter) may be present.

(d) Dirty.

An individual egg that has an unbroken shell with adhering dirt or foreign material, prominent stains, or moderate stains covering more than 1/32of the shell surface if localized, or 1/16 of the shell surface if scattered.

(e) Check.

An individual egg that has a broken or cracked shell but with its shell membranes in tact and the contents of which do not leak. A “check” is considered to be lower in quality than a “dirty”.

1 CRR-NY 190.7 Terms descriptive of shell {#sec-1-crr-ny-190.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.7}

(a) Clean.

A shell that is free from foreign material and from stains or discolorations that are readily visible. An egg may be considered clean if it has only very small specks or stains, if such specks or stains are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs that show traces of processing oil on the shell are considered clean unless otherwise soiled.

(b) Dirty.

An individual egg that has an unbroken shell with adhering dirt or foreign material, prominent stains, or moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered.

(c) Practically normal (AA or A quality).

A shell that approximates the usual shape and that is of good even texture and strength and is free from rough areas or thin spots. Slight ridges and rough areas that do not materially affect the shape, texture and strength of the shell are permitted.

(d) Abnormal (B quality).

A shell that may be somewhat unusual or decidedly misshapen or faulty in soundness or strength or that may show pronounced ridges or thin spots.

1 CRR-NY 190.8 Terms descriptive of the air cell {#sec-1-crr-ny-190.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.8}

(a) Depth of air cell (air spaces between shell membranes, normally in the large end of the egg).

The depth of the air cell is the distance from its top to its bottom when the egg is held air cell upward.

(b) Free air cell.

An air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly.

(c) Bubbly air cell.

A ruptured air cell resulting in one or more small separate air bubbles usually floating beneath the main air cell.

1 CRR-NY 190.9 Terms descriptive of the white {#sec-1-crr-ny-190.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.9}

(a) Clear.

A white that is free from discolorations or from any foreign bodies floating in it. (Prominent chalazas should not be confused with foreign bodies such as spots or blood clots.)

(b) Firm (AA quality).

A white that is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. With respect to a broken-out egg, a firm white has a haugh unit value of 72 or higher when measured at a temperature between 45° and 60°F.

(c) Reasonably firm (A quality).

A white that is somewhat less thick or viscous than a firm white. A reasonable firm white permits the yolk to approach the shell more closely which results in a fairly well defined yolk outline when the egg is twirled. With respect to a broken-out egg, a reasonably firm white has a haugh unit value of 60 to 72 when measured at a temperature between 45° and 60°F.

(d) Weak and watery (B quality).

A white that is weak, thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing yolk outline to appear plainly visible and dark when the egg is twirled. With respect to a broken- out egg, a weak and watery white has a haugh unit value lower than 60 when measured at a temperature between 45° and 60°F.

(e) Blood spots or meat spots.

Small blood spots or meat spots (aggregating not more than ⅛ inch in diameter) may be classified as B quality. If larger, or showing diffusion of blood into the white surrounding a blood spot, the egg shall be classified as loss. Blood spots shall not be due to germ development. They may be on the yolk or in the white. Meat spots may be blood spots which have lost their characteristic red color or tissue from the reproductive organs.

(f) Bloody white.

An egg, the white of which has blood diffused through it. Such condition may be present in new-laid eggs. Eggs with bloody whites are classed as loss.

1 CRR-NY 190.10 Terms descriptive of the yolk {#sec-1-crr-ny-190.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.10}

(a) Outline slightly defined (AA quality).

A yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

(b) Outline fairly well defined (A quality).

A yolk outline that is discernible but not clearly outlined as the egg is twirled.

(c) Outline plainly visible (B quality).

A yolk outline that is clearly visible as a dark shadow when the egg is twirled.

(d) Enlarged and flattened (B quality).

A yolk in which the yolk membranes and tissues have weakened and/or moisture has been absorbed from the white to such an extent that the yolk appears definietly enlarged and flat.

(e) Practically free from defects (AA or A quality).

A yolk that shows no germ development but may show other very slight defects on its surface.

(f) Serious defects (B quality).

A yolk that shows well developed spots or areas and other serious defects, such as olive yolks, which do not render the egg inedible.

(g) Clearly visible germ development (B quality).

A development of the germ spot on the yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

(h) Blood due to germ development.

Blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such an egg is classified as inedible.

1 CRR-NY 190.11 General terms {#sec-1-crr-ny-190.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.11}

(a) Loss.

An egg that is inedible, smashed, or broken so that contents are leaking, cooked, frozen, contaminated, or containing bloody whites, large blood spots, large unsightly meat spots, or other foreign material.

(b) Inedible eggs.

Eggs of the following descriptions are classed as inedible: black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring stage), and any eggs that are adulterated as such term is defined pursuant to the Federal Food, Drug and Cosmetic Act.

(c) Leaker.

An individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell.

1 CRR-NY 190.12 Summary for quality of individual shell eggs {#sec-1-crr-ny-190.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.12}

Specifications for Each Quality Factor

| Quality Factor | AA Quality | A Quality | B Quality | | --- | --- | --- | --- | | Shell | Clean | Clean | Clean to slightly stained* | | | Unbroken | Unbroken | Unbroken | | | Practically normal | Practically normal | Abnormal | | Air Cell | ⅛ inch or less in depth | 3/16 inch or less in depth | Over 3/16 inch in depth | | | Unlimited movement and free or bubbly | Unlimited movement and free or bubbly | Unlimited movement and free or bubbly | | White | Clear | Clear | Weak and watery | | | Firm | Reasonably firm | Small blood and meat spots present** | | Yolk | Outline slighty defined | Outline fairly well defined | Outline plainly visible | | | Practically free | Practically free | Enlarged and flattened | | | from defects | from defects | Clearly visible germ development but no blood. Other serious defects |

Moderately stained areas permitted (1/32 of surface if localized, or 1/16 if scattered).

If they are small (aggregating not more than 1/8 inch in diameter).

For eggs with dirty or broken shells, the standards of quality provide two additional qualities. These are:

| | | | --- | --- | | Dirty | Check | | Unbroken. Adhering dirt or foreign material, prominent stains, moderate stained areas in excess of B quality. | Broken or cracked shell but membranes intact, not leaking. |

1 CRR-NY 190.13 [Repealed] {#sec-1-crr-ny-190.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 190.13}

Part 191 RULES AND REGULATIONS RELATING TO SHELL EGGS

1 CRR-NY 191.1 Eggs unfit for human food {#sec-1-crr-ny-191.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.1}

Loss and inedible eggs shall be determined to be unfit for human food and shall not be sold, offered for sale, or exposed for sale for human food.

1 CRR-NY 191.2 Sales; misrepresentation {#sec-1-crr-ny-191.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.2}

No person shall sell or offer for sale, or advertise for sale, eggs for human consumption if the package containing them or the label on them, or any advertising accompany them, shall bear any statement or device regarding the eggs which may be false or misleading in any particular.

1 CRR-NY 191.3 Sale of eggs to consumers {#sec-1-crr-ny-191.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.3}

Any person exposing for sale or offering for sale to a consumer eggs other than those of his own production shall give notice of the exact grade and size of the eggs in the following manner:

(a) If the eggs are offered for sale in cartons or other containers by plainly and conspicuously printing or writing on each carton or container the exact grade and size.

(b) If the eggs are offered or displayed for sale in bulk, by plainly and conspicuously indicating the exact grade and size by a placard exhibited among or closely adjacent to the eggs.

(c) The term “consumer” whenever used in this Part shall mean any person purchasing eggs for his or her own family use or consumption, or a restaurant, hotel, boarding house, bakery or other institution purchasing eggs for serving to guests or patrons, or for its or their use in cooking or baking.

1 CRR-NY 191.4 Sale of eggs to retailers or wholesalers {#sec-1-crr-ny-191.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.4}

(a) For the purpose of this Part, a retailer or wholesaler shall be deemed to be any person, firm or corporation buying eggs for the purpose of resale.

(b) Any person selling eggs other than those of his own production shall furnish to the retailer or wholesaler an invoice prior to or accompanying the delivery of eggs.

1 CRR-NY 191.5 Invoiced lots listed separately; grade and size stated {#sec-1-crr-ny-191.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.5}

(a) As used in section 191.4 and this section, an “invoice” shall mean a statement bearing the name and address of the wholesaler, the name and address of the retailer, the date of delivery and the grade and size of each lot of eggs.

(b) Each lot of eggs covered by an invoice must be listed separately and the grade and size for each lot stated.

1 CRR-NY 191.6 Legibly marked grade and size {#sec-1-crr-ny-191.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.6}

(a) The marking of grade and size upon any placard as to eggs offered or displayed for sale shall be legible printing or writing in letters not less than three-eighths inch in height.

(b) The mark of grade and size upon any carton, bag or other container in which eggs are exposed for sale shall be in legible printing or writing at least equal in height to all other required markings or not less than three-eighths inch in height.

(c) Grade and size statements on placards, cartons, bags or other containers shall not be abbreviated.

1 CRR-NY 191.7 Advertising {#sec-1-crr-ny-191.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.7}

Any advertisement of eggs for sale at a given price shall plainly and conspicuously indicate the grade and size.

1 CRR-NY 191.8 “Fresh” not grade substitute {#sec-1-crr-ny-191.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.8}

The use of the term “fresh” or any other term of similar import shall not be deemed to be a substitute for grade designation. The term “fresh” may not be applied to any lot of eggs which is below the requirements for Grade A.

1 CRR-NY 191.9 Terms {#sec-1-crr-ny-191.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.9}

Terms used in this Part shall have the same meaning as those defined in Part 190.

1 CRR-NY 191.10 to 191.11 to 191.11 [Repealed] {#sec-1-crr-ny-191.10-to-191.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.10 to 191.11}

1 CRR-NY 191.12 [Repealed] {#sec-1-crr-ny-191.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.12}

1 CRR-NY 191.13 [Repealed] {#sec-1-crr-ny-191.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 191.13}

Part 192 PROPER DISPOSAL OF CERTAIN AGRICULTURAL PRODUCTS

1 CRR-NY 192.1 Definitions {#sec-1-crr-ny-192.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 192.1}

As used in this Part:

(a) Commissioner means the Commissioner of Agriculture and Markets of the State of New York and any officer or employee of the New York State Department of Agriculture and Markets duly delegated pursuant to section 17 of the Agriculture and Markets Law.

(b) Compliance agreement means an agreement approved by the commissioner and executed by any establishment as defined in this Part that sells, offers for sale or distributes any food product in the State, covering handling and disposal of culls or waste piles of onions or potatoes not produced in New York State.

(c) Cull means onions or potatoes not produced in New York State which fall below the official standard or grade of quality for such product.

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

(e) Establishment means farms, wholesale packers, re-packers, processors and grower-shippers utilizing raw onions or potatoes not produced in New York State.

(f) Inspector means an inspector of the New York State Department of Agriculture and Markets.

(g) Proper disposal means the method or methods by which culls or waste piles are eliminated in accordance with this Part.

(h) State means the State of New York.

(i) Waste pile means any non-containerized solid, non-flowing waste, consisting entirely or in part of onions or potatoes not produced in New York State that are gathered for proper disposal.

1 CRR-NY 192.2 Proper disposal methods {#sec-1-crr-ny-192.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 192.2}

The following are proper disposal methods for the elimination of culls or waste piles consisting entirely or in part of onions or potatoes not produced in New York State.

(a) Composting.

(1) Composting of culls and waste piles may be done at any time.

(2) Compost piles shall be turned, mixed and otherwise maintained and managed in accordance with prevailing best management practices as established by Cornell University Waste Management Institute or its successors.

(b) Deep burial.

(1) The burial of culls and waste piles may be done at any time.

(2) Culls and waste piles shall be buried at a depth of 18 inches below existing grade and shall be covered with a minimum of 18 inches of soil that is free from onions or potatoes to prevent sprouts from emerging. If sprouts begin to emerge additional soil shall be added to stop sprouting.

(3) Culls and waste piles that will not be buried within eight hours of collection for burial shall be covered with canvas, plastic or closely woven cloth to prevent the potential spread of contaminants.

(c) Field spreading.

(1) The field spreading of culls and waste piles shall be limited to the period October 1st through March 1st.

(2) Culls and waste piles may be spread at a rate of 660 cwt. (66,000 lbs.) per acre on well-drained soil, and 495 cwt. (49,500 lbs.) per acre on moderately-drained soil for the period set forth in paragraph (1) of this subdivision.

(3) The depth of spread material shall not exceed six inches.

(4) Culls and waste piles shall not be spread on fields intended for production of that crop within a period of three years following such spreading.

(5) Fields on which culls and waste piles have been spread shall not be cultivated until after the spread material has completely frozen.

(d) Feeding to livestock.

(1) The feeding of culls and waste piles to livestock may be done at any time.

(2) Culls and waste piles that will not be fed to livestock within eight hours of collection shall be covered with canvas, plastic or closely woven cloth to prevent the potential spread of contaminants.

(e) Incineration.

(1) The burning of culls and waste piles may done at any time provided it is done in accordance with applicable State and local laws and regulations.

(2) Culls and waste piles may be incinerated in a facility that is permitted for solid waste disposal pursuant to 6 NYCRR Part 360.

(3) Culls and waste piles that will not be burned within eight hours of collection for burning shall be covered with canvas, plastic or closely woven cloth to prevent the potential spread of contaminants.

(f) Return to point of origin.

(1) Culls may be returned to the point of origin, provided they are shipped within 30 days of their arrival.

(g) Anaerobic digestion.

(1) Culls and waste piles may be used as feedstock for anaerobic digesters providing it is done in accordance with best management practices and all applicable regulations.

(h) Landfill disposal.

(1) Culls and waste piles may be disposed of at permitted landfills provided it is done in accordance with all applicable regulations.

1 CRR-NY 192.3 Conditions governing the proper disposal of culls or waste piles {#sec-1-crr-ny-192.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 192.3}

(a) Any establishment, as defined in this Part, that disposes of culls or waste piles in accordance with these regulations may, at the discretion of the department, be subject to inspection of such disposal.

(b) The disposal of culls or waste piles shall be done in accordance with this Part or pursuant to a compliance agreement.

(c) The department shall not be responsible for any cost incident to inspection and disposal of any culls or waste piles pursuant to this Part, other than the services of the inspector.

1 CRR-NY 192.4 Records {#sec-1-crr-ny-192.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 192.4}

Any establishment, as defined in this Part, that sells, offers for sale or distributes any onions or potatoes not produced in New York State shall compile, maintain and make available for inspection, for a period of two years, records of the disposal of culls or waste piles on a form or forms prescribed by the commissioner.

Subchapter E GRAPES (ARTICLE 13-B AGRICULTURE AND MARKETS LAW)

Part 195 STANDARDS FOR GRAPES

1 CRR-NY 195.1 Grades {#sec-1-crr-ny-195.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 195.1}

(a)

(1) U.S. Fancy Table grapes shall consist of grapes of one variety which are well colored, mature, firmly attached to capstems, not shattered, split, crushed, dried, wet or soft; which are free from mold, decay, mildew, berry moth, russeting, hail, and from damage caused by freezing, disease, insects, or other means. Not less than 50 percent of the bunches in any container shall be compact and the remainder shall be fairly compact. Bunches shall not be excessively small, excepting that compact portions of bunches consisting of no less than five berries may be used to fill open spaces between whole bunches.

(2) Berries of the Concord, Worden, Champion and other varieties of similar size shall have a minimum diameter of not less than nine-sixteenths of an inch, measured through the widest portion of the cross section.

(3) In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent, by weight, of the berries in any container may fail to meet the requirements of this grade, but not more than five percent shall be allowed for berries which are seriously damaged. Of this tolerance for serious damage, not more than one-fifth, or one percent, shall be allowed for berries affected by mold or decay, and not over two-fifths, or two percent, shall be allowed for dried berries or those affected by berry moth. In addition, not more than five percent, by weight, of the bunches in any container may be straggly, and not more than one- tenth, by weight, of the bunches in any container may have more than 10 percent of berries which do not meet the size requirement.

(b)

(1) U.S. No. 1 Table grapes shall consist of grapes of one variety which are fairly well colored, mature, firmly attached to capstems, not shattered, split, crushed, dried, wet or soft; which are free from mold, decay, berry moth, and from damage caused by mildew, russeting, hail, freezing, disease, insects or other means. Not less than 85 percent of the bunches in any container shall be fairly compact.

(2) Berries of the Concord, Worden, Champion and other varieties of similar size shall have a minimum diameter of not less than nine-sixteenths of an inch measured through the widest portion of the cross section.

(3) In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent, by weight, of the berries in any container may fail to meet the requirements of this grade, but not more than five percent shall be allowed for berries which are seriously damaged. Of this tolerance for serious damage not more than two-fifths, or two percent, shall be allowed for berries affected by mold or decay, and not more than two-fifths, or two percent, shall be allowed for dried berries or those affected by berry moth. In addition, not more than one-tenth, by weight, of the bunches in any container may have more than 10 percent of berries which do not meet the size requirement.

(c)

(1) U.S. No. 1 Juice grapes shall consist of grapes of one variety which are fairly well colored, mature, firmly attached to capstems, not shattered, split, crushed, dried, wet or soft; which are free from mold, decay, berry moth, and from serious damage caused by mildew, russeting, hail, freezing, disease, insects or other means. Not less than 60 percent of the bunches in any container shall be fairly compact.

(2) In order to allow for variations incident to proper grading and handling, not more than a total of 15 percent, by weight, of the berries in any container may fail to meet the requirements of this grade, but not more than six percent, shall be allowed for berries which are seriously damaged. Of this tolerance for serious damage not more than one-half, or three percent, shall be allowed for berries affected by mold or decay, and not more than one-third, or two percent, shall be allowed for dried berries or those affected by berry moth.

1 CRR-NY 195.2 Mixed varieties {#sec-1-crr-ny-195.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 195.2}

(a) Any lot of grapes consisting of more than one variety which meets all other requirements of “U.S. Fancy Table,” “U.S. No. 1 Table” or “U.S. No. 1 Juice” may be designated as “U.S. Fancy Table Mixed,” “U.S. No. 1 Table Mixed,” “U.S. No. 1 Juice Mixed.”

(b) Unclassified. Grapes which are not graded in conformity with the foregoing grades may be designated as “Unclassified.”

1 CRR-NY 195.3 Definitions of terms {#sec-1-crr-ny-195.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 195.3}

As used in this Subchapter:

(a) Mature means that the grapes are juicy, palatable, and have reached that stage of development at which the skin of the berry easily separates from the pulp. Frozen, or slightly frosted stock should not be confused with mature stock.

(b) Well colored means that the berries shall show full color characteristic of the variety.

(c) Fairly well colored means that not less than 75 percent, by weight, shall show full color characteristic of the variety. Twenty five percent may show partially or poorly colored berries which are not characteristic of immature berries.

(d) Shattered berries means berries which have separated from the bunch.

(e) Compact bunches means well filled bunches, with no open spaces.

(f) Fairly compact means that the bunches are well filled but that the berries are not closely spaced as in “compact bunches.”

(g) Damage means any injury which materially affects the appearance or the edible or shipping quality. Mildew which affects the appearance of the berries shall be considered as damage, but berries shall not be regarded as damaged by mildew which are firmly attached to the stems and which have only slight traces of mildew on the inside of the bunch where it does not affect the appearance of the berries.

(h) Serious damage means that the defects taken singly or collectively seriously affect the market quality.

(i) Straggly means a decidedly open bunch with large open spaces and very few berries. Small, immature shotberries, characteristic of the Worden variety, should be disregarded unless they are excessive in number and detract materially from the appearance of the lot.

1 CRR-NY 195.4 Application of tolerances {#sec-1-crr-ny-195.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 195.4}

The tolerances specified for the various grades are placed on a container basis. The averages for an entire lot, based on sample inspection, must be within the tolerances specified. The contents of individual containers in any lot however may vary from the specified tolerances subject to the following limitations: Not over one-fourth of the individual packages in any lot may contain more than one and one-half times the tolerances specified except that any container shall not have more mold or decay than the amount specified in the tolerance.

Part 196 RULES AND REGULATIONS RELATING TO GRAPES

1 CRR-NY 196.1 Closed packages {#sec-1-crr-ny-196.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 196.1}

The term “closed packages” shall be deemed to include baskets equipped with covers, whether such covers be in one solid piece or of the type commonly known as “slat” covers, whether they be flat or raised covers, and whether they be attached to the basket by hooks or held in place by the handle of the basket.

1 CRR-NY 196.2 Branding and marking {#sec-1-crr-ny-196.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 196.2}

(a) Grade.

The law requires that all closed packages of grapes be marked prior to shipment either with the word “unclassified” or else with one of the grade designations which have been officially established by the Commissioner of Agriculture and Markets, namely: “U.S. Fancy Table Grapes,” “U.S. No. 1 Table Grapes,” “U.S. No. 1 Juice Grapes,” or any of these grade designations with the word “Mixed” added. This marking shall be placed in a conspicuous position on an irremovable part of the container—on the side or end of the package, or on the handle of a climax basket if the handle is of wood.

(b) Net contents.

(1) The required mark to indicate net quantity of the contents in terms of weight or measure must be placed on an irremovable part of the container—on the side or end of the package, or on the handle of a climax basket if the handle is of wood.

(2) If the net quantity be stated in terms of measure, the package must be packed fully and firmly, so that the representation of quantity will be accurate at each sale and re-sale of the package.

(c) Name.

The required mark to indicate the name and address of the person or association under whose authority the grapes are packed shall be placed on the cover of the basket, if a solid cover is used. In case a slat cover is used, this mark may either be placed on the cover or may appear on the upper surface of a printed label laid on top of the grapes underneath the cover.

(d) Method of marking.

All marking must be plainly and legibly done and may be accomplished by means of a rubber stamp or by a printed label firmly affixed (except in the case of slat covers as provided in the preceding subdivision) to the cover of the basket.

(e) Time of marking.

The law requires that marking be done “prior to shipment.” When grapes are moved from the farm to some other place and then transferred to another conveyance, such as a railroad car, motor truck, or other medium of transportation, for final movement to market, they may either be marked at the farm or may be marked at the time of transfer to the final medium of transportation. If moved direct from the farm to market, by motor truck or other vehicle, they must be marked prior to leaving the farm.

1 CRR-NY 196.3 Deceptive marking or labeling {#sec-1-crr-ny-196.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 196.3}

Section 160-k of the Agriculture and Markets Law prohibits the shipment and sale of grapes either in open or closed packages if the packages or the label on the packages shall bear any statement, design, or device which is false or misleading in any particular.

Statements such as: “Fancy” on native American varieties of grapes which do not meet the grade “U.S. Fancy Table Grapes”; the designation “Number 1” applied to native grapes which do not meet the standard for “U.S. No. 1 Table Grapes” ; or the use of any deceptive term in connection with grapes shipped or sold as “Unclassified,” which shall imply that they are other than variable, unknown, or poor in quality; and all statement similarly misleading or false will be deemed in violation of this section of the law.

1 CRR-NY 196.4 General application {#sec-1-crr-ny-196.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 196.4}

The portions of the law and of these regulations dealing with false and misleading statements, designs, and advertising, and those requiring that the shown surface of the package shall truly represent the average contents of the package, shall be deemed to apply to all grapes of whatever description offered for sale or sold in New York State, whether produced in this State or elsewhere or whether they be of native American or Vinifera varieties.

The portions of the law and regulations dealing with grades, sale by grades, marking to show whether graded or ungraded, and name of person or association under whose authority the packing is done, together with the definitions and grades established under the authority contained in the law, shall be deemed to apply to native American varieties of grapes, packed or repacked in New York State.

Part 197 FARM WINERY CERTIFICATION AND APPLICATION FOR AUTHORIZATION TO MANUFACTURE OR SELL WINE PRODUCED FORM GRAPES GROWN OUTSIDE NEW YORK STATE

1 CRR-NY 197.1 Form for certification and application {#sec-1-crr-ny-197.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 197.1}

Applications by farm wineries, pursuant to subdivision 42 of section 16 of the Agriculture and Markets Law and subdivision 5 of section 76-a of the Alcoholic Beverage Control Law for authorization to manufacture or sell wine produced form grapes grown outside New York State; and certifications as to the quantity of New York grown grapes unavailable due to natural disaster, act of God or continuing adverse weather condition shall be made using the following form:

Subchapter F MARKETING OF AGRICULTURAL PRODUCTS (ARTICLE 25 AGRICULTURE AND MARKETS LAW)

Part 200 RULES AND REGULATIONS RELATING TO MARKETING ORDERS

1 CRR-NY 200.1 Definitions {#sec-1-crr-ny-200.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.1}

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

(b) Department means the Department of Agriculture and Markets.

(c) The terms agricultural commodity, producer, handler, processor, distributor, marketing agreement and marketing order shall have the same meaning as is given such terms in section 293 of the Agriculture and Markets Law.

(d) The term person includes a firm, corporation, partnership, company or unincorporated association.

(e) Grade means the official United States or New York State terminology applied to an agricultural commodity as determined by the presence or absence of certain quality and type, and characteristics and other related factors.

(f) Product means an agricultural commodity which has been produced by the producer and placed in condition for sale or distribution by the producer, handler, processor or distributor.

(g) Marketable agricultural product is a product which meets the requirements of any marketing order, marketing agreement or regulation in effect in the area in which the same is produced or handled.

(h) The words container and original container shall be construed as such words are respectively defined by sections 192 and 190 of the Agriculture and Markets Law.

(i) Production area shall mean that territory consisting of a county or town, or parts thereof, or any combination of counties or towns, or parts thereof, designated by the commissioner and wherein is produced any particular agricultural commodity proposed for regulations by a marketing agreement or a marketing order.

1 CRR-NY 200.2 Interpretations {#sec-1-crr-ny-200.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.2}

(a) In the language of any marketing agreement or order, the present tense shall include the past and future tenses, and the future tense shall include the present. The masculine gender shall include the feminine and neuter. The singular number includes the plural and vice versa.

(b) County, town, city or village shall mean a municipal corporation of the State of New York, and the inhabitants within its boundaries.

(c) The word sell includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.

(d) Marketing area shall mean any county, city, town or village or two or more counties, cities, towns or villages or any combination or parts thereof designated by the commissioner.

1 CRR-NY 200.3 Marketing order {#sec-1-crr-ny-200.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.3}

Any producer or group of producers of a particular agricultural commodity or commodities may petition the commissioner for an order. The petition shall be in writing and shall set forth in concise terms the particular marketing situation and economic condition thereof regarding which it is alleged a marketing order is needed and such petition shall be verified. The commissioner shall investigate the allegations of the petition and if he is satisfied that the subject or condition alleged warrants a hearing he shall call a hearing on the petition so filed.

1 CRR-NY 200.4 Hearings {#sec-1-crr-ny-200.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.4}

Written notice of any such hearing called to consider a marketing order, the amendment, suspension or termination of a marketing order shall be given. It shall be mailed to every person who, with respect to a particular order, files in the office of the commissioner a written request for such notice. It shall be posted on a public bulletin board maintained by the commissioner in the Department of Agriculture and Markets at Albany, New York, and a copy of such notice shall be published in the New York State Register of the Department of State and in at least two newspapers having general circulation in the area affected by the proposed marketing order as the commissioner may decide. It shall specify which method or methods of approval set forth in subdivision 2 of section 294 of the Agriculture and Markets Law the commissioner is considering using in the event a referendum vote is appropriate, as set forth more fully in section 200.6 of this Part.

1 CRR-NY 200.5 Parties {#sec-1-crr-ny-200.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.5}

On any administrative hearing, those who favor or support a marketing order shall be called the “petitioners.” Those who oppose or who do not favor an order shall be called “respondents.”The presiding officer shall be designated by the commissioner and shall be known as the “hearing master.” He shall have complete control of the hearing. Parties may be represented by attorney and the practice established by section 34 of the Agriculture and Markets Law shall be followed. A written record of proceedings shall be made and proof of publication of the notice of hearing shall be filed as part of the hearing record. After the close of the hearing, the hearing master shall refer the proceeding to the commissioner with his written recommendation.

1 CRR-NY 200.6 Referendum {#sec-1-crr-ny-200.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.6}

If after such hearing the commissioner shall find upon the testimony given at the hearing the existence of conditions referred to in section 292 of the Agriculture and Markets Law which result in an unreasonable and unnecessary economic waste and respect to the agricultural commodity covered by the hearing notice and that the declared public policy of such section should be effectuated, he shall submit the proposed order to a referendum vote as provided by subdivision 2 of section 294 of the Agriculture and Markets Law. If after such hearing, the commissioner shall find upon said testimony that such conditions do not exist with respect to the agricultural commodity covered by the notice of hearing, he shall render a decision in accordance with such finding and shall not submit the proposed order to any referendum.

1 CRR-NY 200.7 Publication {#sec-1-crr-ny-200.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.7}

Upon the promulgation of an approved marketing order, an effective date therefor shall be entered by the commissioner who shall publish the same in accordance with section 19 of the Agriculture and Markets Law and section 102 of the Executive Law. A copy of such order shall be filed with the secretary of the department and posted on a board for that purpose maintained by the Division of Markets.

1 CRR-NY 200.8 Decision of the commissioner {#sec-1-crr-ny-200.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.8}

Every marketing order shall be accompanied by a written decision of the commissioner, and such decision shall recite the referendum vote for and against the order and shall contain a certification that the percentage of producers required to approve the order, as provided in section 294, subdivision 2 of the Agriculture and Markets Law, has been met. If a marketing order is not approved, a written decision shall be rendered by the commissioner stating the number of votes against and for approval, and certifying that the percentage of producers required to approve the order, as provided by the aforesaid subdivision of the law, has not been met.

1 CRR-NY 200.9 [Repealed] {#sec-1-crr-ny-200.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.9}

1 CRR-NY 200.10 Payment of monies {#sec-1-crr-ny-200.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.10}

Disbursement of money may only be made on a verified voucher which, except in the case of an employee, shall be filed by claimant. Such voucher shall be submitted to the Comptroller for audit on an abstract certified by the commissioner. Payment shall be made by check countersigned by the Comptroller. Each month the balance in each fund shall be reported to the Comptroller by the commissioner's finance officer.

1 CRR-NY 200.11 Form of abstract {#sec-1-crr-ny-200.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.11}

The abstract of vouchers rendered shall show the balance of cash on hand as per previous statement, the collections received since the last statement, the interest on the bank balance, any miscellaneous receipts, a deduction for vouchers itemized in the schedule and the balance remaining on hand.

1 CRR-NY 200.12 Suspension of order {#sec-1-crr-ny-200.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.12}

(a) In exercising the authority given him by subdivision 4 of section 294 of the Agriculture and Markets Law, temporarily to suspend an effective marketing order, the commissioner on his own motion may conduct an investigation, and if he has reason to believe that during any one growing or marketing season regulation by a marketing order is not within the declared legislative purposes and policy, he may call a hearing on notice to consider suspension of the operation of the order.

(b) A petition to suspend an order under subdivision 4 of section 294 may be filed with the commissioner by any person showing a proper interest therein. If the commissioner has reason to believe, after an investigation of his own, that such petition presents a sufficient cause for further consideration, he shall call a hearing on notice to consider suspension of the operation of the order identified in the petition.

1 CRR-NY 200.13 Termination of order {#sec-1-crr-ny-200.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.13}

If termination of a marketing order is sought by petition pursuant to subdivision 2 of section 294 of the Agriculture and Markets Law, or if the commissioner shall decide in the exercise of his discretion that an order should be terminated, he shall hold a hearing on notice as hereinbefore specified, and shall conduct the prescribed referendum vote of producers in the area affected. The vote shall be announced as heretofore mentioned by section 200.8 of this Part. If the vote is to terminate, the commissioner shall certify that 50 per centum of the producers participating in the referendum approved termination. If the vote is against termination, the decision shall state the vote and certify that less than 50 per centum of the producers participating in the referendum approved termination.

1 CRR-NY 200.14 Amendment procedure {#sec-1-crr-ny-200.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.14}

Whenever 25 per centum of the producers in an area who seek an amendment of the order file a written petition duly signed by them, the same procedure adopted herein for the issuance of an original order shall be followed. If after hearing the commissioner shall find the existence of conditions referred to in section 292 of the Agriculture and Markets Law which will result in an unreasonable or unnecessary economic waste with respect to the agricultural commodity covered by the hearing notice, only the amendment or amendments shall be submitted to a referendum vote and the approval of 50 per centum of such producers participating in the referendum vote shall in such event be required to effectuate such amendment or amendments. As in the case of the promulgation of an original marketing order, an amendment thereof shall be accompanied by a written decision of the commissioner reciting the referendum vote and containing a certification of said 50 per centum approval. If after such hearing the commissioner shall not find the existence of said conditions he shall render a decision in accordance with his finding and shall not submit the proposed amendment or amendments to a referendum vote. If the commissioner, in the absence of a petition, shall move to amend an order pursuant to subdivision 2 of section 294 of the Agriculture and Markets Law, he shall hold a hearing on notice as set forth in section 200.4 of this Part and shall follow the procedure respecting decision as stated in this section.

1 CRR-NY 200.15 Commission empowered by law {#sec-1-crr-ny-200.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 200.15}

In the administration of any marketing order, the commissioner shall have the complete powers given the Department of Agriculture and Markets by the Agriculture and Markets Law which shall be construed to aid and assist him carrying out the intent and purpose of article 25.

Part 201 APPLE MARKETING ORDER

1 CRR-NY 201.1 Definitions {#sec-1-crr-ny-201.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.1}

As used in this marketing order, the following terms shall have the following meanings:

(a) Commissioner means the Commissioner of Agriculture and Markets of the State of New York, or any officer or employee of the Department of Agriculture and Markets to whom authority may be delegated to act pursuant to section 17 of the Agriculture and Markets Law.

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

(c) Person means any individual, firm, corporation, partnership, company, or unincorporated association.

(d) Apples means all apples produced in New York State for the purpose of sale.

(e) Grower means any person who produces or causes to be produced apples as herein defined.

(f) Processor means any person, firm, corporation, partnership, company, or unincorporated association which performs any of the functions or acts of processing as herein defined.

(g) Processing and process are synonymous terms and mean the operations of receiving, grading, packing, canning, freezing, dehydrating, preserving, grinding, crushing or in any other way preserving or changing the form of apples, as herein defined, for marketing in any form other than for fresh consumption.

(h) Storage means any building, structure, or place where apples are stored in cold, refrigerated or controlled atmosphere storage.

(i) Storage operator means any person who or which operates a cold, refrigerated or controlled atmosphere storage in which apples are stored.

(j) Bushel means a unit of 36 to 44 pounds of apples sold for fresh market use in boxes, cartons, baskets or other containers. When applied to bulk apples for fresh sales, a bushel shall mean 40 pounds of apples.

(k) Advisory board means the advisory board established pursuant to the provisions of subparagraph (9) of section 294 (art. 25) of the Agriculture and Markets Law and sections under heading “Apple Marketing Order Advisory Board” (§ 201.3 et seq.) of this order.

(l) Declaration of harvest crop means a statement, the form of which shall be prescribed by the commissioner, upon which the owner, lessee or other operator of an orchard shall declare the number of bushels or pounds of apples harvested and the disposition of same to processors and/or cold storage, and/or other sale or shipments as provided for in section 201.9 of this order.

(m) New York crop reporting service means the crop reporting service of the Bureau of Statistics of the New York State Department of Agriculture and Markets.

(n) Act means article 25 of the Agriculture and Markets Law of the State of New York.

(o) Marketing season means the period beginning July 1 of any year and extending through June 30 of the following year.

(p) District 1 shall mean the Champlain Valley District, consisting of the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Saratoga, Warren and Washington.

(q) District 2 shall mean the Eastern Hudson Valley District, consisting of the counties of Bronx, Columbia, Dutchess, Kings, Nassau, New York, Putnam, Queens, Rensselaer, Richmond, Suffolk and Westchester.

(r) District 3 shall mean the Western Hudson Valley District, consisting of the counties of Albany, Delaware, Greene, Montgomery, Orange, Otsego, Rockland, Schenectady, Schoharie, Sullivan and Ulster.

(s) District 4 shall mean the Central District, consisting of the counties of Broome, Cayuga, Chenango, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence, Tompkins and Tioga.

(t) District 5 shall mean the Lake Country District, consisting of the counties of Chemung, Ontario, Schuyler, Seneca, Steuben, Wayne and Yates, and all portions of the counties of Alleghany, Livingston and Monroe situated east of the Genesee River.

(u) District 6 shall mean the Niagara Frontier District, consisting of the counties of Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming, and those portions of the counties of Alleghany, Livingston and Monroe situated west of the Genesee River.

(v) Direct market sales means retail sale of a grower's own produced apples directly to a consumer.

1 CRR-NY 201.2 Marketing order area {#sec-1-crr-ny-201.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.2}

The area affected by this order shall be the State of New York.

1 CRR-NY 201.3 Establishment and members of advisory board {#sec-1-crr-ny-201.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.3}

(a) The commissioner shall appoint an advisory board consisting of nine members to advise and assist him in the administration of this marketing order. Six members of the board shall be growers; one of the members shall be a processor, one of the members shall be a storage operator who shall be neither grower nor processor; and one member shall be a representative of the department or the public generally and shall be neither grower nor processor, nor cold storage operator nor other handler.

(b) Grower, processor and storage operator members of the advisory board shall be selected and appointed by the commissioner from nominations as provided in section 201.4.

(c) To fill any vacancy caused by the failure of any person selected and appointed as a board member to qualify, or in the event of the death, removal, resignation or disqualification of any member, a successor for his unexpired term shall be selected by the commissioner from previously unselected nominations made in the manner specified in section 201.4. In the event additional nominations are needed, the commissioner shall obtain such nominations in the same manner as provided in section 201.4 for regular nominations.

1 CRR-NY 201.4 Nominations for advisory board membership {#sec-1-crr-ny-201.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.4}

Agriculture and Markets Law, § 294(2)

(a)

(1) The commissioner shall cause to be held a meeting or meetings of New York State apple growers, at which time the growers in attendance shall nominate a total of 12 growers to be eligible for appointment as members of the advisory board. Of the 12 nominees, six shall be growers whose farms are located in District 1, 2 or 3 and six shall be growers whose farms are located in District 4, 5 or 6.

(2) The commissioner shall appoint three advisory board members from nominations made from each of the said areas.

(3) The first such grower meeting or meetings shall be called by the commissioner not later than July 1, 1959. The second meeting or meetings shall be between January 1 and June 1, 1961. Beginning in 1963, biennial meetings shall be called by the commissioner between January 1 and June 1 for as long as this marketing order is in effect.

(b) The Associated New York State Food Processors, Inc., or successor organization, by whatever name known, shall nominate two members to be eligible for appointment as processor members of the advisory board.

(c) The New York State Association of Refrigerated Warehouses shall nominate two members to be eligible as storage operator members of the advisory board.

(d) The commissioner may appoint the representative of the department or the public generally in such manner as he may determine.

(e) Not more than one member shall be appointed from any single grower, processor or storage operation.

1 CRR-NY 201.5 Acceptance and terms of office {#sec-1-crr-ny-201.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.5}

Agriculture and Markets Law, § 294(2)

(a) Any person selected for appointment by the commissioner as an advisory board member shall qualify by filing a written acceptance with the commissioner within 15 days after being notified of such selection.

(b)

(1) Members shall serve at the pleasure of the commissioner for one term of two years; provided, however, that they shall continue to serve until their successors have been duly appointed and qualified; provided, further, that they shall be eligible for re-nomination and re-appointment when otherwise qualified; and provided, further, that initial nominations and appointments shall be effective upon qualification and for one full calendar year beginning or the next January 1 following the effective date of this order.

(2) In the event of the failure of growers, the Associated New York State Food Processors, Inc., or successor organization, by whatever name known, or the New York State Association of Refrigerated Warehouses to provide nominations as hereinbefore provided, the commissioner shall make the necessary appointments in such manner as he shall determine; providing, however, that of the six grower members, no more than three shall be growers whose farms are located in District 4, 5 or 6 and no more than three shall be growers whose farms are located in District 1, 2 or 3.

1 CRR-NY 201.6 Duties and responsibilities of the advisory board {#sec-1-crr-ny-201.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.6}

It shall be the duty of the advisory board to advise and assist the commissioner in all matters pertaining to the operation of this marketing order, subject only to such limitations as may be prescribed in section 294 of the Agriculture and Markets Law. Such duties may specifically include any or all of the following:

(a) the recommendation to the commissioner of administrative rules and regulations relating to the marketing order;

(b) recommending to the commissioner such amendments to the marketing order as seem advisable;

(c) the preparation and submission to the commissioner of the estimated budget required for the proper operation of the marketing order;

(d) recommending to the commissioner methods for assessing members of the industry and methods for collecting the necessary funds;

(e) assisting the commissioner in the collection and assembling of information and data necessary to the proper administration of the order;

(f) the performance of such other duties in connection with the marketing order as the commissioner shall designate.

1 CRR-NY 201.7 Advertising, promotion and publicity of apples and apple products {#sec-1-crr-ny-201.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.7}

The commissioner is hereby authorized to contract with any person or persons, including the New York Apple Association, Inc. to carry on or cause to be carried on such advertising, promotion, and publicity programs as he may believe will create new markets for apples and/or apple products or maintain present markets therefor. For such purposes he may expend such monies, or any part thereof, as may be available to him pursuant to this order. No advertising, promotion or publicity programs shall be conducted with reference to any particular private brand or trade name and no such program shall disparage the quality, value, sale or use of any other agricultural commodity.

1 CRR-NY 201.8 Marketing and product research {#sec-1-crr-ny-201.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.8}

The commissioner is hereby authorized to contract with any person or persons, including the New York Apple Association, Inc., to carry on or cause to be carried on apple marketing and/or product research and to expend any available monies for such purpose.

1 CRR-NY 201.9 Information services {#sec-1-crr-ny-201.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.9}

(a) The commissioner is hereby authorized to contract with any person or persons, including the New York Apple Association, Inc., to provide for informational services designed to keep producers informed on apple crop, pack, storage holdings, marketing and product research, promotion, advertising and publicity programs and any other apple industry information deemed important to producers, and to expend such monies as may be available and required to obtain and disseminate such information.

(b) To facilitate factual and accurate informational services and to provide a basis for budget estimation and adjustment as required in section 201.10 of this order hereinafter specified during each marketing season not later than December 1st each apple grower shall file with the commissioner each year, on forms prescribed and supplied by him a declaration of harvested crop which shall declare the number of bushels or pounds of apples harvested and the disposition of same to processors and/or cold storage and/or other sales or shipments.

1 CRR-NY 201.10 Budget and assessment {#sec-1-crr-ny-201.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.10}

During each marketing season and not later than July 1st, the commissioner shall estimate a budget necessary for the administration and enforcement of this order and for carrying on duly authorized programs and activities including advertising, promotion and publicity, marketing and product research and informational services as hereinbefore provided. The commissioner shall announce rates of assessment to provide adequate funds to defray expenditures in the budget. The rate of assessment shall not exceed: eight cents per hundred pounds of apples delivered to juice or cider processing plants for processing into juice or cider or products thereof; eight cents per hundred pounds of apples purchased or accepted for all other processing; and sixteen cents per bushel or bushel weight equivalent of apples sold for fresh market use; provided, however, the maximum assessment for fresh apples sold for direct market sale shall be eight cents per bushel. It is further provided that none of the foregoing rates of assessment shall exceed the maximum rate authorized in paragraph 2(d) of section 294 of the act. The total amount of budgeted administrative cost shall not exceed five percent of the total budget.

1 CRR-NY 201.11 Collection of assessment {#sec-1-crr-ny-201.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.11}

(a) Each grower shall be responsible for payment of the proper assessment upon the apples which he produces and sells or delivers for sale.

(b) Each processor receiving and processing apples shall be responsible for the collection of any assessment fixed by the commissioner upon apples and liable for payment thereof as in this order provided.

(c) For each grower from whom a processor receives apples such processor shall deduct from monies owed to the grower the assessment on the marketable apples so received and report and remit to the Department the amount collected, in accordance with subdivision (g) of this section.

(d) Each storage operator receiving and storing his own apples or other apples shall be responsible for the collection of any assessment fixed by the commissioner and shall be liable for payment thereof as in this order provided.

(e) For each grower for whom storage operator sells or otherwise transfers apples from his cold storage, said storage operator shall deduct from monies owed to the grower the proper assessment on the bushels or bushel equivalent sold or otherwise transferred from storage or in the event storage operator is not the seller shall include charge for the proper assessment in billing grower for storage and other handling charges and shall make payment therefrom, except that in the case of apples put into cold storage for the account of a processor or sold to a processor, such processor shall be responsible for the collection and payment of the proper assessment.

(f) For all apples sold or otherwise marketed by the grower and not placed in storage in New York State and not sold or delivered to a processor in New York State each grower shall be liable and responsible for proper accounting and payment of the proper assessment except that in the case of apples sold or otherwise marketed through grower sales agents or grower sales cooperatives in New York State, such grower sales agents and grower sales cooperatives shall be liable and responsible for the collection, accounting and payment of the proper assessment as fixed by the commissioner.

(g) All growers, processors, grower sales cooperatives, grower sales agents, and storage operators shall make remittance and accounting of the proper assessment to the commissioner or his designated fiscal agent not later than the 15th of each of the months of November, February, May and August. Such quarterly remittance and accounting shall be inclusive of all sales of apples and/or removal of apples from storage through the end of the month just preceding the months herein designated.

1 CRR-NY 201.12 Disbursement of funds {#sec-1-crr-ny-201.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.12}

Disbursement of funds shall be made in the manner described in article 25 of the Agriculture and Markets Law and in the rules and regulations promulgated by the commissioner to effectuate the provisions and intent thereof, and in accordance with the provisions of this order.

1 CRR-NY 201.13 Termination and periodic referendum {#sec-1-crr-ny-201.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.13}

Agriculture and Markets Law, § 294(2)

(a) This marketing order may be terminated or suspended pursuant to the provisions of article 25 of the Agriculture and Markets Law and the rules and regulations promulgated by the commissioner pursuant thereto.

(b) At least once during each eight-year period that the order is in effect, the commissioner shall conduct a referendum of apple growers in the area affected to substantiate approval of the order, the first such eight-year period to commence July 1, 1973, and provided further, in the event a petition to terminate or suspend the order is exercised as provided herein, a new eight-year period will begin, effective the first of July following the date of certification of approval of the order by the commission.

1 CRR-NY 201.14 Effective date {#sec-1-crr-ny-201.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.14}

This order shall take effect on the first day of July, 1959.

1 CRR-NY 201.15 to 201.16 to 201.16 [Repealed] {#sec-1-crr-ny-201.15-to-201.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 201.15 to 201.16}

Part 202 SOUR CHERRY MARKETING ORDER

1 CRR-NY 202.1 Definitions {#sec-1-crr-ny-202.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.1}

As used in this marketing order, the following terms shall have the following meanings:

(a) Commissioner means the Commissioner of Agriculture and Markets of the State of New York, or any officer or employee of the Department of Agriculture and Markets to whom authority has been or may be delegated to act in his stead.

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

(c) Person means any individual, partnership, corporation, cooperative association, or any other business unit.

(d) Sour cherries means all marketable sour cherries produced in New York State for the purpose of processing.

(e) Grower means any person who produces or causes to be produced sour cherries as herein defined.

(f) Processor means any person, firm, cooperative association, corporation, partnership, company or other business unit which performs any of the functions of processing sour cherries as herein defined.

(g) Process and processing are synonymous terms and mean the operations of receiving, cleaning, grading, canning, freezing, preserving, brining, crushing, juicing, or otherwise preparing sour cherries as herein defined for marketing in any other form than for fresh consumption.

(h) Sour cherry advisory committee means the committee established pursuant to the provision of sections under heading “Sour Cherry Advisory Committee” (§ 202.3 et seq.) in this order.

(i) Books and records means any books, records, contracts, documents, memoranda, papers, correspondence or other written data pertaining to matters relating to this marketing order of any grower or processor directly affected by this marketing order.

(j) Marketing season means the period beginning April 1st of any year and extending through March 31st of the following year.

(k) Act means article 25 of the Agriculture and Markets Law of the State of New York.

(l) Marketable sour cherries means all sour cherries sold to processor and accepted for processing.

(m) Fiscal agent means such trust company as may be designated by the commissioner.

(n) Administration fund means the monies received by the commissioner from assessments on sour cherries delivered by a grower to a processor as provided in sections 202.10-202.12 of this order.

1 CRR-NY 202.2 Marketing area {#sec-1-crr-ny-202.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.2}

The sour cherry marketing area affected by this order shall be the State of New York.

1 CRR-NY 202.3 Establishment and members of advisory committee {#sec-1-crr-ny-202.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.3}

(a) The commissioner shall appoint a sour cherry advisory committee, consisting of nine members, to advise with him on the administration of this marketing order. Five members of the committee shall be growers, three of the members shall be processors, and one shall be a representative of consumers and shall be neither a processor nor a grower.

(b) Grower and processor members of the sour cherry advisory committee shall be selected by the commissioner from nominations as provided in section 202.4 of this Part.

(c) To fill any vacancy caused by the failure of any person selected as a committee member to qualify, or in the event of the death, removal, resignation or disqualification of any member, a successor for his unexpired term may be selected by the commissioner from previously unselected nominations made in the manner specified in section 202.4 of this Part.

1 CRR-NY 202.4 Nominations for committee membership {#sec-1-crr-ny-202.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.4}

Agriculture and Markets Law, § 294(2)

(a)

(1) The commissioner shall cause to be held a meeting of New York State cherry growers, at which time the growers in attendance will nominate 16 growers to be eligible for appointment as members of the sour cherry advisory committee. Eight of said nominees shall be growers whose farms are located east of Rochester, and eight shall be growers whose farms are located west of Rochester.

(2) The next such grower meeting shall be called by the commissioner between January 1, 1974 and June 1, 1974 and, beginning in 1976, biennial meetings shall be held between January first and June first, for as long as this marketing order is in effect. In the event that additional nominations are needed, the commissioner may call a special grower meeting for that purpose.

(b) The Associated New York State Food Processors, Inc., or successor organization by whatever name known, shall nominate six members to be eligible for appointment as processor members of the committee.

(c) Not more than one member shall be appointed from any single grower or processor operation.

1 CRR-NY 202.5 Acceptance {#sec-1-crr-ny-202.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.5}

Any person selected by the commissioner as a committee member shall qualify by filing a written acceptance with the commissioner within 15 days after being notified of such selection.

1 CRR-NY 202.6 Duties and functions of the committee {#sec-1-crr-ny-202.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.6}

It shall be the function of the committee to advise with the commissioner on all matters having to do with the promotion, advertising, publicity, marketing research and informational services for sour cherries under this order. Committee members shall serve during the commissioner's pleasure.

1 CRR-NY 202.7 Advertising and promotion of sour cherries {#sec-1-crr-ny-202.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.7}

The commissioner is hereby authorized to contract with any person, including the New York Cherry Growers Association and the National Red Cherry Institute, to carry on or cause to be carried on such promotion, advertising amd publicity programs as he may believe will create new markets for sour cherries or maintain present markets therefor. For such purpose he may expend such monies or any part thereof as may be available to him pursuant to this order. No advertising or promotion programs shall be conducted with reference to any particular private brand or trade name; no such program shall disparage the quality, value, sale or use of any other agricultural commodity.

1 CRR-NY 202.8 Marketing research {#sec-1-crr-ny-202.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.8}

The commissioner is hereby authorized to contract with any person, including the New York Cherry Growers Association, to carry on or cause to be carried on marketing research or marketing study and to expend any available monies for such purpose.

1 CRR-NY 202.9 Information service {#sec-1-crr-ny-202.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.9}

The commissioner is authorized to provide for informational service designed to keep producers informed on crop, pack, market research and promotion and to expend such monies as may be available and required to disseminate such information. The commissioner may contract with New York Cherry Growers Association for such service. Specific information obtained from examination of the books and records of growers and processors shall be treated as confidential.

1 CRR-NY 202.10 Budget and assessment {#sec-1-crr-ny-202.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.10}

Agriculture and Markets Law, § 294(2)

During each marketing season and not later than July first, the commissioner shall estimate a budget necessary for the administration and enforcement of this order and for carrying on duly authorized activities, including advertising, promotion, marketing research and informational service. The commissioner shall announce a rate of assessment to provide adequate funds to defray expenditures in the budget. The rate of assessment shall not exceed $10 per ton of sour cherries, and shall not exceed the maximum rate authorized in paragraph 2(d) of section 294 of the act. The total amount of budgeted administrative cost shall not exceed five percent of the total budget.

1 CRR-NY 202.11 Collection of assessment {#sec-1-crr-ny-202.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.11}

(a) Each processor receiving and processing sour cherries shall be responsible for the collection of any assessment fixed by the commissioner upon sour cherries, and liable for the payment thereof as in this order provided.

(b) For each grower from whom processor receives sour cherries, such processor shall deduct, from monies owed to the grower, the assessment on the marketable cherries so received.

(c) At least 50 percent of all assessment shall be paid pursuant hereto on or before September 15th of the marketing season, and the remaining amount shall be due and payable on or before December 15th of the marketing season.

(d) In case of delivery of sour cherries to processors outside of New York State, the grower or other seller shall be liable and responsible for remittance of assessment to the commissioner or to the designated fiscal agent.

(e) Any person other than a grower making delivery of sour cherries or causing sour cherries to be delivered to a processor shall, for assessment purposes, be treated in the same manner as if such person were the grower of the cherries. When cherries are resold by a processor prior to processing, the seller shall be responsible for said cherries for assessment purposes.

1 CRR-NY 202.12 Disbursement of funds {#sec-1-crr-ny-202.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.12}

Disbursement of funds shall be made in the manner described in the Act and in the rules and regulations promulgated by the commissioner to effectuate the provisions and intent of the Act.

1 CRR-NY 202.13 Termination {#sec-1-crr-ny-202.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.13}

This marketing order may be terminated or suspended pursuant to the provisions of the Agriculture and Markets Law.

1 CRR-NY 202.14 Effective date {#sec-1-crr-ny-202.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.14}

This order shall take effect on the first day of July, 1958.

1 CRR-NY 202.15 Rates of assessment {#sec-1-crr-ny-202.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.15}

Agriculture and Markets Law, § 294

1993-1994

The rate of assessment to be paid pursuant to this order for the period July 1, 1993 through June 30, 1994 is hereby established at $10 per ton of sour cherries.

1 CRR-NY 202.16 Surplus moneys order {#sec-1-crr-ny-202.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 202.16}

Agriculture and Markets Law, § 294(8)

Whereas, As of June 30, 1993, there is a surplus under the sour cherry marketing order known as F.V. No. 1 (1 NYCRR Part 202), in the sum of $51,692.29, and

Whereas, Upon investigation and recommendation of the administrator of said order, the said moneys should be retained to defray the costs of operating such marketing order in the succeeding marketing season,

Now, therefore, I, Richard McGuire, Commissioner of Agriculture and Markets of the State of New York, do find, pursuant to section 294, subdivision 8, of the Agriculture and Markets Law, that said $51,692.29 is necessary to defray the costs of operating such marketing order in the succeeding marketing season, and I do, accordingly,

Order, That said moneys shall be carried over into the next succeeding marketing season for the purposes of said marketing order.

Part 203 NEW YORK STATE ONION RESEARCH AND DEVELOPMENT PROGRAM

1 CRR-NY 203.1 Definitions {#sec-1-crr-ny-203.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.1}

(a) Act means article 25 of the Agriculture and Markets Law of the State of New York.

(b) Advisory board means the advisory board established pursuant to the provisions of subdivision 9 of section 294 of article 25 of the Agriculture and Markets Law and section 203.3 of this Part.

(c) Central area means that part of the State of New York consisting of the following counties: Wayne, Tioga, Broome, Seneca, Schuyler, Cayuga, Madison, Chemung, Oswego, Oneida, Onondaga, Lewis, Cortland, Jefferson, Tompkins and Chenango.

(d) Eastern area means that part of the State of New York consisting of the following counties: Franklin, Clinton, Essex, Hamilton, Warren, Herkimer, Otsego, Delaware, Schoharie, Montgomery, Fulton, Saratoga, Washington, Schenectady, Albany, Rensselaer, Greene, Columbia, Ulster, Dutchess, Sullivan, Orange, Putnam, Westchester, Rockland, Nassau, Suffolk and St. Lawrence.

(e) Western area means that part of the State of New York consisting of the following counties: Niagara, Monroe, Erie, Orleans, Genesee, Wyoming, Chautauqua, Cattaraugus, Allegany, Steuben, Yates, Ontario and Livingston.

(f) Commissioner means the Commissioner of Agriculture and Markets of the State of New York, or any officer or employee of the Department of Agriculture and Markets to whom authority may be delegated to act pursuant to section 17 of the Agriculture and Markets Law.

(g) Declaration of planted acres means a statement, the form of which shall be prescribed by the commissioner, upon which the owner, lessee or other operator of an onion-growing farm shall declare the number of acres of onions in production.

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

(i) Grower means any person who produces or causes to be produced onions as defined herein.

(j) Handler means any person engaged within New York State in buying and/or selling, offering for sale, marketing, processing and distributing onions or onion products which he has purchased or acquired from a grower, or which he is marketing on behalf of a grower, whether as owner, agent, employee, broker or otherwise.

(k) Marketing season means the period beginning April 1st of any year and extending through March 31st of the following year.

(l) Planted onions means the botanical structures used for planting purposes in New York State and commonly referred to as seeds or sets or plants.

(m) Onions means all onions produced in New York State for the purpose of sale.

(n) Person means any individual, firm, corporation, partnership, company, unincorporated association, agency or institution.

(o) Research means any type of activity to advance the image, desirability, marketability, production or quality of onions or onion products and the accumulation and dissemination of research data with respect thereto.

(p) Program means the New York State Onion Research and Development Program (marketing order).

1 CRR-NY 203.2 Program area {#sec-1-crr-ny-203.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.2}

The area affected by this program shall be the State of New York.

1 CRR-NY 203.3 Establishment and members of advisory board {#sec-1-crr-ny-203.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.3}

(a) The commissioner shall appoint eight members of the board who shall be growers, and one member shall be a representative of the department or the public generally, and shall be neither grower nor handler.

(b) Grower members of the advisory board shall be selected and appointed by the commissioner from nominations as provided in section 203.4 of this Part.

(c) To fill any vacancy caused by the failure of any person selected and appointed as a board member to qualify, or in the event of the death, removal, resignation or disqualification of any member, a successor for his or her unexpired term shall be selected by the commissioner from previously unselected nominations made in the manner specified in section 203.4 of this Part. In the event additional nominations are needed, the commissioner shall obtain such nominations in the same manner as provided in section 203.4 for regular nominations.

1 CRR-NY 203.4 Nominations for advisory board membership {#sec-1-crr-ny-203.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.4}

(a)

(1) The commissioner shall cause to be held a meeting or meetings of New York State onion growers in each of the eastern, central and western areas. At these meetings, growers in attendance shall nominate a total of 16 growers to be eligible for appointment as members of the advisory board. Of the 16 nominees, eight shall be growers from the eastern area, four shall be growers from the central area, and four shall be growers from the western area.

(2) The commissioner shall appoint four advisory board members from nominees made from the eastern area, two advisory board members from nominees made from the central area, and two advisory board members from nominees made from the western area. For the central area, one board member must be from Madison County and one from one of the remaining counties in the central area.

(3) The first such grower meeting or meetings shall be called by the commissioner not later than December 31, 1985. Beginning in 1986 in the eastern area, in 1987 in the central area and in 1988 in the western area, triennial meetings shall be held between July 1st and December 31st of each marketing season for as long as this program is in effect.

(b) The commissioner may appoint one person who is neither a producer nor handler to represent the Department of Agriculture and Markets.

(c) Not more than one member shall be appointed from any single grower or handler operation.

1 CRR-NY 203.5 Acceptance and terms of office {#sec-1-crr-ny-203.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.5}

(a) Any person selected for appointment by the commissioner as an advisory board member shall qualify by filing a written acceptance with the commissioner within 15 days after being notified of such selection.

(b) Members shall serve at the pleasure of the commissioner for one term of three years; provided, however, that they shall continue to serve until their successor has been duly appointed and qualified; and provided, further, that initial nominations and appointments shall be effective upon qualification and beginning January first for a one-year term in the eastern area, for a two-year term in the central area, and for a three-year term in the western area beginning on the first day of January following the effective date of the program.

(c) In the event of the failure of growers to provide nominations as hereinbefore provided, the commissioner shall make the necessary appointments in such a manner as he shall deem appropriate; provided, however, that of the eight grower members of the board, no more than four shall be growers whose farms are located in the eastern area, no more than two shall be growers whose farms are located in the central area, and no more than two shall be growers whose farms are located in the western area.

1 CRR-NY 203.6 Duties and responsibilities of the advisory board {#sec-1-crr-ny-203.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.6}

It shall be the duty of the advisory board to advise and assist the commissioner in all matters pertaining to the operation of this program, subject only to such limitations as may be prescribed in section 294 of the Agriculture and Markets Law. Such duties may specifically include any or all of the following:

(a) the recommendation to the commissioner of administrative rules and regulations relating to the program;

(b) recommending to the commissioner such amendments to the program as seem advisable;

(c) the preparation and submission to the commissioner of the estimated budget required for the proper operation of the program;

(d) recommending to the commissioner methods for assessing members of the industry and methods for collecting the necessary funds;

(e) assisting the commissioner in the collection and assembling of information and data necessary to the proper administration of the order; and

(f) the performance of such other duties in connection with the program as the commissioner shall designate.

1 CRR-NY 203.7 Research {#sec-1-crr-ny-203.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.7}

The commissioner is hereby authorized to contract with any person or persons, including the New York State College of Agriculture and Life Sciences, to carry on or cause to be carried on onion production, marketing, storage, product or byproduct research, and to expend any available monies for such purpose and pursuant to this program.

1 CRR-NY 203.8 Advertising, promotion and publicity of onions and onion products {#sec-1-crr-ny-203.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.8}

The commissioner is hereby authorized to contract with any person to carry on or cause to be carried on such promotion, advertising and publicity programs as he may believe will create new markets for onions or maintain present markets therefor. For such purpose he may expend such monies or any part thereof as may be available to him pursuant to this program. No advertising or promotion programs shall be conducted with reference to any particular private brand or trade name; no such program shall disparage the quality, value, sale or use of any other agricultural commodity.

1 CRR-NY 203.9 Information {#sec-1-crr-ny-203.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.9}

(a) The commissioner is hereby authorized to contract with any person or persons to provide for informational services designed to keep producers informed on onion crop production, packaging, storage holdings, marketing and research, promotion, advertising and publicity programs and any other onion industry information determined important to growers, and to expend such monies as may be available and required to obtain and disseminate such information.

(b) To facilitate factual and accurate informational services and to provide a means for budget estimation and adjustment as required in section 203.10 of this program hereinafter specified during each marketing season not later than July 1st, each onion grower shall file with the commissioner each year, on forms prescribed and supplied by him, a declaration of planted acres of onions in production.

1 CRR-NY 203.10 Budget and assessment {#sec-1-crr-ny-203.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.10}

During each marketing season, and not later than April first, the commissioner shall estimate a budget necessary for the administration and enforcement of this program and for carrying on duly authorized programs and activities, including research, advertising, promotion and publicity, marketing and informational services as herein provided, with the following limitations: The amount of budgeted costs for advertising, promotion and publicity shall not exceed 10 percent of the total budget. The amount of budgeted costs to provide informational services shall not exceed 10 percent. The amount of budgeted administrative costs shall not exceed five percent. The rate of assessment shall not exceed $4 per acre of planted onions in production.

1 CRR-NY 203.11 Collection of assessment {#sec-1-crr-ny-203.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.11}

(a) Each grower shall be responsible for the payment of the proper assessment upon the number of acres of onions in production.

(b) All program assessments due shall be remitted to the commissioner or the designated fiscal agent on or before January 1st. Such annual remittances and accounting shall be inclusive of the declared planted acres of onions in production in each marketing season.

1 CRR-NY 203.12 Disbursement of funds {#sec-1-crr-ny-203.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.12}

Disbursement of funds shall be made in the manner described in article 25 of the Agriculture and Markets Law and in the rules and regulations promulgated by the commissioner to effectuate the provisions and intent thereof, and in accordance with the provisions of this program.

1 CRR-NY 203.13 Termination and periodic referendum {#sec-1-crr-ny-203.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.13}

(a) This program may be terminated or suspended pursuant to the provisions of article 25 of the Agriculture and Markets Law and the rules and regulations promulgated by the commissioner pursuant thereto.

(b) At least once during each six-year period that the program is in effect, the commissioner shall conduct a referendum of onion growers in the area affected to substantiate approval of the program; and provided further, in the event a petition to terminate or suspend the program is exercised as provided herein, a new six-year period will begin effective the first of April following the date of certification of approval of the program by the commissioner.

1 CRR-NY 203.14 Effective date {#sec-1-crr-ny-203.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.14}

This program shall take effect on the first day of July 1985.

1 CRR-NY 203.15 Exemptions {#sec-1-crr-ny-203.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.15}

Any grower whose aggregate number of planted acres of onions in production in any marketing season is less than five shall be exempt for that marketing season.

1 CRR-NY 203.16 Rate of assessment {#sec-1-crr-ny-203.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.16}

Agriculture and Markets Law, § 294

1993-1994

The rate of assessment to be paid pursuant to this program for the period April 1, 1993 through March 31, 1994 is hereby established at $4 per acre.

1 CRR-NY 203.17 Surplus moneys order {#sec-1-crr-ny-203.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 203.17}

Agriculture and Markets Law, § 294(8)

WHEREAS, As of March 31, 1993 there is a surplus under the onion marketing order known as F.V. No. 1 (1 NYCRR Part 203), in the sum of $34,954.15, and

WHEREAS, Upon investigation and recommendation of the administrator of said order, the said moneys should be retained to defray the costs of operating such marketing order in the succeeding marketing season,

NOW, THEREFORE, I, Richard McGuire, Commissioner of Agriculture and Markets of the State of New York, do find, pursuant to section 294, subdivision 8, of the Agriculture and Markets Law, that said $34,954.15 is necessary to defray the costs of operating such marketing order in the succeeding marketing season, and I do, accordingly,

ORDER, That said moneys shall be carried over into the next succeeding marketing season for the purposes of said marketing order.

Part 204 NEW YORK STATE APPLE RESEARCH AND DEVELOPMENT PROGRAM

1 CRR-NY 204.1 Definition {#sec-1-crr-ny-204.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.1}

(a) Act means article 25 of the Agriculture and Markets Law of the State of New York.

(b) Advisory Board means the advisory board established pursuant to the provisions of subparagraph (9), section 294, (article 25) of the Agriculture and Markets Law, and sections of this order relating to the Apple Marketing Order Advisory Board (section 204.3 et. seq.)

(c) Apples means all apples that are produced in the defined production areas of New York State.

(d) Bushel means a unit of 36 to 44 pounds of apples sold for fresh market use in boxes, cartons, baskets or other containers. When applied to bulk apples for fresh sales, a bushel shall mean 40 pounds of apples.

(e) Commissioner means the Commissioner of Agriculture and Markets of the State of New York, or any officer or employee of the Department of Agriculture and Markets to whom authority may be delegated to act pursuant to section 17 of the Agriculture and Markets Law.

(f) Contributions means funds submitted by any person including processors, grower sales agents, storage operators or other handlers and shall be considered income subject to the same fiscal budget, audit, and disbursement controls as remitted grower assessments provided in 204.9 of this Part.

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

(h) Eastern production area means that part of the State of New York east of the counties of St. Lawrence, Herkimer, Otsego, Chenango and Broome.

(i) Grower means any person who produces or causes to be produced apples as herein defined.

(j) Handler means any person engaged in the operation of packing, grading, selling, offering for sale or marketing apples who as owner, agent or otherwise ships or causes apples to be shipped.

(k) Marketing season means the period beginning July 1 of any year and extending through June 30 of the following year.

(l) Person means any individual, firm, corporation, partnership, company, unincorporated association, agency or institution.

(m) Processing and process are synonymous terms and means the operations of receiving, grading packing, canning, freezing, dehydrating, preserving, grinding, crushing or in any other way preserving or changing the form of apples, as herein defined for marketing in any form other than for fresh consumption.

(n) Processor means any person, firm, corporation, partnership, company, or unincorporated association which is licensed to perform any of the functions of processing as herein defined.

(o) Program means New York State Apple Research and Development Program (Marketing Order).

(p) Research means any type of research to advance the image, desirability, marketability, production of quality of apples and the accumulation and dissemination of research data with respect thereto.

(q) Storage means any building, structure, or place where apples are stored in cold, refrigerated or controlled atmosphere storage.

(r) Storage operator means any person who or which operates a cold, refrigerated or controlled atmosphere storage in which apples are stored.

(s) Western production area means that part of the State of New York consisting of the counties of and west of and including St. Lawrence, Herkimer, Otsego, Chenango and Broome.

1 CRR-NY 204.2 Program area {#sec-1-crr-ny-204.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.2}

The area affected by this program shall be the State of New York.

1 CRR-NY 204.3 Establishment and members of Advisory Board {#sec-1-crr-ny-204.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.3}

(a) The commissioner shall appoint an advisory board consisting of nine members to advise him in the administration of this marketing order. Six members of the board shall be growers, one member shall be a processor representative, one member shall be appointed to represent handlers, and one member shall be representative of the department or the public generally and shall be neither grower, nor processor, nor handler.

(b) Grower, processor, handler members of the advisory board shall be selected and appointed by the commissioner as provided in section 204.4 of this Part.

(c) To fill any vacancy caused by the failure of any person selected and appointed as a board member to qualify, or in the event of the death, removal, resignation or disqualification of any member, a successor for his unexpired term shall be selected by the commissioner from previously unselected nominations made in a manner specified in section 204.4 of this Part. In the event additional nominations are needed, the commissioner shall obtain such nominations in the same manner as provided in section 204.4 of this Part for regular nominations.

1 CRR-NY 204.4 Nominations for Advisory Board membership {#sec-1-crr-ny-204.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.4}

(a)

(1) The Commissioner shall cause to be held a meeting or meetings of New York State apple growers at which time growers in attendance shall nominate a total of 12 growers to be eligible for appointment as members of the advisory board. Of the 12 nominations, six shall be growers whose farms are located in the Western production area, six shall be growers whose farms are located in the eastern production area.

(2) The Commissioner shall appoint three advisory board members from nominations made from the western production area, and three advisory board members from nominations made from the eastern production area.

(3) The first such grower meeting or meetings shall be called by the Commissioner not later than January 31, 1991. Beginning in 1993 in the western and eastern production areas triennial meetings shall be held prior to March 31st of each marketing season for as long as this order is in effect.

(b) The commissioner shall appoint one processor advisory board member from nominations submitted by organizations such as the “Associated New York State Food Processors”, or successor organizations by whatever name known, or any New York State organization representing processors.

(c) The commissioner shall appoint one handler member from nominations submitted by the New York State Horticultural Society or successor organizations by whatever name known or any New York State organization representing western or eastern production area growers. Of the two nominations one shall be a handler whose principle business address is located in the western production area and one shall be a handler whose principle business address is located in the eastern production area.

(d) The commissioner may appoint the representative of the department or the public generally in such manner as he may determine.

(e) Not more than one member shall be appointed from any single grower or processor operation or handler operation.

1 CRR-NY 204.5 Acceptance and terms of office {#sec-1-crr-ny-204.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.5}

(a) Any person selected for appointment by the commissioner as an advisory board member shall qualify by filing a written acceptance with the commissioner within 15 days after being notified of such selection.

(b) Members shall serve at the pleasure of the commissioner for one term of three years provided, however, that they shall continue to serve until their successors have been duly appointed and qualified; provided further, that they shall be eligible for renomination and re-appointment when otherwise qualified; and, provided further, that initial appointments of members shall be effective upon qualification and shall terminate March 31, 1993.

(c) In the event of the failure of growers or organizations such as the Associated New York State Food Processors, or successor organizations by whatever name known, or any New York State organizations representing processors or growers, to provide nominations as hereinbefore provided, the commissioner shall make the necessary appointments in such a manner as he shall determine provided, however, that of the six grower members, no more than three shall be growers whose farms are located in the eastern production area, and three shall be growers whose farms are located in the western production area and further provided that one handler shall be appointed whose principle business is located in either the western or the eastern production area.

1 CRR-NY 204.6 Duties and responsibilities of the Advisory Board {#sec-1-crr-ny-204.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.6}

It shall be the duty of the advisory board to advise and assist the commissioner in all matters pertaining to the operation of this marketing order, subject only to such limitations as may be prescribed in section 294 of the Agriculture and Markets Law. Such duties may specifically include any or all of the following:

(a) the recommendation to the commissioner of administrative rules and regulations relating to the marketing order;

(b) recommending to the commissioner such amendments to the marketing order as seem advisable;

(c) the preparation and submission to the commissioner of the estimated budget that includes contract funding allocations covering specific board approved research projects required for the proper operation of the program;

(d) recommending to the commissioner methods for assessing members of the industry and methods for collecting the necessary funds;

(e) assisting the commissioner in the collection and assembling of information and data necessary to the proper administration of the order; and

(f) the performance of such other duties in connection with the marketing order as the commissioner shall designate.

1 CRR-NY 204.7 Research {#sec-1-crr-ny-204.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.7}

The commissioner is hereby authorized to contract with the advice of the advisory board any person or persons, such as the New York State College of Agriculture and Life Science to carry on or cause to be carried on apple production, harvesting, storage and marketing quality research, and to expend any available monies for such purpose and pursuant to this order.

1 CRR-NY 204.8 Informational services {#sec-1-crr-ny-204.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.8}

(a) The commissioner is hereby authorized to contract with the advice of the advisory board any person or persons, to provide for informational services designed to keep producers informed on research information deemed important to growers and to expend such monies as may be available and required to obtain and disseminate such information.

(b) To facilitate factual and accurate informational services and to provide a means for budget estimation and adjustments as required in section 204.9 of this Part hereinafter specified during each marketing season not later than November 15th each apple grower shall file with the commissioner each year on forms prescribed and supplied by him a declaration of harvested crop which shall declare the number of bushels or pounds of apples harvested and the disposition of same to processors and/or cold storage and/or sales or shipments.

1 CRR-NY 204.9 Budget and assessment {#sec-1-crr-ny-204.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.9}

During each marketing season and not later than July 1, the commissioner shall estimate a budget that includes contributions and assessments necessary for the administration and enforcement of this order and for carrying on duly authorized programs and activities including marketing, and product research and informational services as hereinbefore provided. The commissioner shall announce rates of assessment to provide adequate funds to defray expenditures in the budget. The rate of assessment shall not exceed four cents per hundred pounds of apples or 16 mils (.016) per bushel of apples sold for processing, juice or fresh market use. The total amount of budgeted administrative cost shall not exceed five percent of the total budget.

1 CRR-NY 204.10 Collection of assessment {#sec-1-crr-ny-204.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.10}

(a) Each grower shall be responsible for payment of the proper assessment upon the apples which he produces and sells or delivers for sale.

(b) Each processor receiving and processing apples shall be responsible for the collection of any assessment fixed by the commissioner upon apples and liable for payment thereof as in this order provided.

(c) For each grower from whom a processor receives apples such processor shall deduct from monies owed to the grower the assessment on the marketable apples so received and report and remit to the department the amount collected, in accordance with subdivision (g) of this section.

(d) Each storage operator receiving and storing his own apples or other apples shall be responsible for the collection of any assessment fixed by the commissioner and shall be liable for payment thereof as in this order provided.

(e) For each grower for whom storage operator sells or otherwise transfers apples from cold storage, said storage operator shall deduct from monies owed to grower the proper assessment on the bushels or bushel equivalent sold or otherwise transferred from storage or in the event the storage operator is not the seller shall include charges and shall make payment therefrom, except that in the case of apples put into cold storage for the account of a processor or sold to a processor, such processor shall be responsible for the collection and payment of the proper assessment.

(f) For all apples sold or otherwise marketed by the grower and not placed in storage in New York State and not sold or delivered to a processor in New York State each grower shall be liable and responsible for proper accounting and payment of the proper assessment except that in the case of apples sold or otherwise marketed through grower sales agents or grower sales cooperatives in New York State, such grower sales agents and grower sales cooperatives shall be liable and responsible for the collection, accounting and payment of the proper assessment as fixed by the commissioner.

(g) All growers, processors, grower sales cooperatives, grower sales agents, and storage operators shall make remittance and accounting of the proper assessment to the commissioner or his designated fiscal agent not later than the 15th of each of the months of November, February, May, and August. Such quarterly remittance and accounting shall be inclusive of all sales of apples and/or removal of apples from storage through the end of the month just preceding the months herein designated.

1 CRR-NY 204.11 Disbursement of funds {#sec-1-crr-ny-204.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.11}

Disbursement of funds shall be made in the manner described in the act and in the rules and regulations promulgated by the commissioner to effectuate the provisions and intent of the act, and in accordance with the provisions of this program.

1 CRR-NY 204.12 Termination and periodic referendum {#sec-1-crr-ny-204.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.12}

(a) This marketing order may be terminated or suspended pursuant to the provisions of article 25 of the Agriculture and Markets Law and the rules and regulations promulgated by the commissioner thereto.

(b) At least once during each six-year period that the order is in effect, the commissioner shall conduct a referendum of apple growers in the area affected to substantiate approval of the order and, provided further, in the event a petition to terminate or suspend the order is exercised as provided herein, a new six-year period will begin the first of April, following the date of the commissioner's certification of the approval of the order.

1 CRR-NY 204.13 Effective date {#sec-1-crr-ny-204.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.13}

This order shall take effect on the first day of August 1990.

1 CRR-NY 204.14 to 204.15 to 204.15 [Repealed] {#sec-1-crr-ny-204.14-to-204.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 204.14 to 204.15}

Part 205 NEW YORK STATE CABBAGE RESEARCH AND DEVELOPMENT PROGRAM

1 CRR-NY 205.1 Definitions {#sec-1-crr-ny-205.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.1}

(a) Act means article 25 of the Agriculture and Markets Law of the State of New York.

(b) Advisory board means the advisory board established pursuant to the provisions of subparagraph (9), section 294, (article 25) of the Agriculture and Markets Law, and sections of this order relating to the Cabbage Marketing Order advisory board (section 205.3 et. seq.)

(c) Cabbage means all cabbage that is produced in the defined production areas of New York State.

(d) Commissioner means the Commissioner of Agriculture and Markets of the State of New York, or any officer or employee of the Department of Agriculture and Markets to whom authority may be delegated to act pursuant to section 17 of the Agriculture and Markets Law.

(e) Contributions means funds submitted by any person, including processors, grower sales agents, storage operators, or other handlers, and shall be considered income subject to the same fiscal budget, audit, and disbursement controls as remitted grower assessments provided in section 205.9 of this Part.

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

(g) Grower means any person who produces or causes to be produced cabbage as herein defined.

(h) Handler means any person engaged in the operation of packing, grading, selling, offering for sale, or marketing cabbage, who as owner, agent, or otherwise, ships or causes cabbage to be shipped.

(i) Marketing season means the period beginning July 1st of any year and extending through June 30th of the following year.

(j) Person means any individual, firm, corporation, partnership, company, or unincorporated association.

(k) Processing and process are synonymous terms and means, the operations of receiving, grading, packing, canning, freezing, dehydrating, preserving, grinding, crushing, or in any other way preserving or changing the form of cabbage, as herein defined for marketing in any form other than for fresh consumption.

(l) Processor means any person, firm, corporation, partnership, company, or unincorporated association which is licensed to perform any of the functions of processing as herein defined.

(m) Program means New York State Cabbage Research and Development Program (marketing order).

(n) Research means any research to advance the image, desirability, marketability, production of quality of cabbage, and the accumulation and dissemination of research data with respect thereto.

(o) Storage means any building, structure, or place where cabbage are stored in cold, refrigerated, or controlled atmosphere storage.

(p) Storage operator means any person who or which operates a cold, refrigerated, or controlled atmosphere storage in which cabbage is stored.

1 CRR-NY 205.2 Program area {#sec-1-crr-ny-205.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.2}

The area affected by this program shall be the State of New York.

1 CRR-NY 205.3 Establishment and members of advisory board {#sec-1-crr-ny-205.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.3}

(a) The commissioner shall appoint an advisory board consisting of nine members to advise him in the administration of this marketing order. Seven members of the board shall be growers, one member shall be a processor representative, and one member shall be appointed to represent handlers.

(b) Grower, processor, handler members of the advisory board shall be selected and appointed by the commissioner as provided in section 205.4 of this Part.

(c) To fill any vacancy caused by the failure of any person selected and appointed as a board member to qualify, or in the event of the death, removal, resignation, or disqualification of any member, a successor for his expired term shall be selected by the commissioner from previously unselected nominations made in a manner specified in section 205.4 of this Part. In the event additional nominations are needed, the commissioner shall obtain such nominations in the same manner as provided in section 205.4 of this Part for regular nominations.

1 CRR-NY 205.4 Nomination for advisory board membership {#sec-1-crr-ny-205.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.4}

(a) The commissioner shall solicit nominations from New York cabbage growers, New York cabbage processing associations and New York cabbage handler associations, to be eligible for appointment to the advisory board.

(b) Not more than one member shall be appointed from any single grower, processor or handler operation.

1 CRR-NY 205.5 Acceptance and terms of office {#sec-1-crr-ny-205.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.5}

(a) Any person selected for appointment by the commissioner as an advisory board member shall qualify by filing a written acceptance with the commissioner within 15 days after being notified of such selection.

(b) Members shall serve at the pleasure of the commissioner for one term of three years provided, however, that they shall continue to serve until their successors have been duly appointed and qualified; provided further, that they shall be eligible for renomination and reappointment when otherwise qualified; and provided further, that initial appointments of members shall be effective upon qualification and shall terminate at the completion of the three year term.

1 CRR-NY 205.6 Duties and responsibilities of the advisory board {#sec-1-crr-ny-205.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.6}

It shall be the duty of the advisory board to advise and assist the commissioner in all matters pertaining to the operation of this marketing order, subject only to such limitations as may be prescribed in section 294 of the Agriculture and Markets Law. Such duties may specifically include any or all of the following:

(a) the recommendation to the commissioner of administrative rules and regulations relating to the marketing order;

(b) recommending to the commissioner such amendments to the marketing order as seem advisable;

(c) the preparation and submission to the commissioner of the estimated budget that includes contract funding allocations covering specific board approved research projects required for the proper operation of the program;

(d) recommending to the commissioner methods for assessing members of the industry and methods for collecting the necessary funds;

(e) assisting the commissioner in the collection and assembling of information and data necessary to the proper administration of the order; and

(f) the performance of such other duties in connection with the marketing order as the commissioner shall designate.

1 CRR-NY 205.7 Research {#sec-1-crr-ny-205.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.7}

The commissioner is hereby authorized to contract with, upon the advice of the advisory board, any person or persons, such as the Cornell University College of Agriculture and Life Sciences, to carry on or cause to be carried on cabbage production, harvesting, storage, and marketing quality research, and to expend any available monies for such purpose and pursuant to this order.

1 CRR-NY 205.8 Informational services {#sec-1-crr-ny-205.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.8}

The commissioner is hereby authorized to contract with, upon the advice of the advisory board, any person or persons to provide for informational services designed to keep producers informed on research information deemed important to growers and to expend such monies as may be available and required to obtain and disseminate such information.

1 CRR-NY 205.9 Budget and assessment {#sec-1-crr-ny-205.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.9}

During each marketing season and not later than July 1st, the commissioner shall estimate a budget that includes contributions and assessments necessary for the administration and enforcement of this order and for carrying on duly authorized programs and activities including marketing, product research and informational services as hereinbefore provided. The commissioner shall announce upon recommendation of the advisory board, a rate of assessment not to exceed $4 per acre to defray expenditures under this program. The rate of assessment shall remain in effect for the duration of the program unless changed by the commissioner. The total amount of budgeted administrative cost shall not exceed five percent of the total budget.

1 CRR-NY 205.10 Collection of assessment {#sec-1-crr-ny-205.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.10}

(a) Each grower shall be responsible for payment of the proper assessment for the acres of cabbage which he planted during the marketing season.

(b) All growers shall make accounting and remittance of the proper assessment to the commissioner or his designated fiscal agent on an annual basis not later than December 15th of each marketing season.

1 CRR-NY 205.11 Disbursement of funds {#sec-1-crr-ny-205.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.11}

Disbursement of funds shall be made in the manner described in the rules and regulations promulgated by the commissioner to effectuate the provisions and intent of the act, and in accordance with the provisions of this program.

1 CRR-NY 205.12 Termination and periodic referendum {#sec-1-crr-ny-205.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.12}

(a) This marketing order may be terminated or suspended pursuant to the provisions of article 25 of the Agriculture and Markets Law and the rules and regulations promulgated by the commissioner thereto.

(b) At least once during each six-year period that the order is in effect, the commissioner shall conduct a referendum of cabbage growers in the area affected to substantiate approval of the order and, provided further, in the event a petition to terminate or suspend the order is exercised as provided herein, a new six-year period will begin the first of July, following the date of the commissioner's certification of the approval of the order.

1 CRR-NY 205.13 Effective date {#sec-1-crr-ny-205.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.13}

This order shall take effect on July 1, 1999 or on the date of publication in the State Register, (8-11-99) whichever is later.

1 CRR-NY 205.14 Exemptions {#sec-1-crr-ny-205.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 205.14}

Any grower whose aggregate number of planted acres of cabbage in production in the marketing season is less than five shall be exempt from reporting and payment for that marketing season.

Part 206 DESIGNATION OF FARM, APPLE AND CUISINE TRAILS

1 CRR-NY 206.1 Cooperstown Cuisine Trail {#sec-1-crr-ny-206.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 206.1}

The Cooperstown Cuisine Trail, promoted as the Cooperstown Beverage Trail, is hereby described as: beginning at exit 17 of Interstate 88, northerly on NY Route 28 to Cooperstown, (approximately 17.3 miles); westerly on NY Route 28/NY Route 80 to the junction of NY Route 51; southerly on NY Route 51 to Garrattsville (approximately 19.7 miles) for an overall length of 37 miles.

Chapter V WEIGHT AND MEASURES

Part 220 ADMINISTRATIVE AND GENERAL REQUIREMENTS

1 CRR-NY 220.1 Type approval {#sec-1-crr-ny-220.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.1}

(a) Except as provided in subdivision (d) of this section, no person shall sell or use a commercial weighting or measuring device in the State of New York unless the device is approved by the Commissioner of Agriculture and Markets. The commissioner shall grant approval if, after examining a representative sample of the design or pattern of the device, he or she determines that it conforms to the requirements set forth in section 220.2 of this Part. The commissioner may accept a certificate of conformance issued for such device, pursuant to the National Type Evaluation Program, by the National Conference on Weights and Measures, as proof of conformance, in lieu of such examination.

(b) Any change or modification in such approved device that may affect its performance or otherwise result in a departure from the requirements set forth in section 220.2 of this Part must be approved by the commissioner before sale or use in this State.

(c) When the commissioner has approved the device, such approval shall be accepted by all local jurisdictions and no other approval shall be required or permitted. A certificate of approval may be revoked by the commissioner at any time if the device fails to meet performance or other technical requirements set forth in section 220.2 of this Part.

(d) Notwithstanding the provisions of subdivisions (a) through (c) of this section to the contrary, the following devices may be sold and/or used without having been approved by the commissioner.

Device Type Handbook 44 Code Reference

1 CRR-NY 220.2 Specifications and tolerances {#sec-1-crr-ny-220.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.2}

(a) Except as otherwise provided in this Part, the specifications, tolerances and regulations for commercial weighing and measuring devices shall be those adopted by the 103rd National Conference on Weights and Measures 2018 as published in the National Institute of Standards and Technology Handbook 44, 2019 edition. This document is available from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, NE 68508, or the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the office of the Director of Weights and Measures, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231.

(b) Scales used in the sale of delicatessen products may continue to compute, display and record prices in terms of fractions of a pound.

(c) The municipal authority with jurisdiction over taximeters may elect to permit hand written receipts for fares.

(d) Scales used by stockyard owners, market agencies, dealers, packers and live poultry dealers or handlers to weigh livestock or live poultry for the purpose of purchase, sale, acquisition or settlement shall be equipped with a printing device which shall be capable of being used for recording weight values on a scale ticket or other document used for this purpose.

(e) Gasoline dispensing and measuring device vapor recovery systems shall meet and be subject to the following requirements and test procedures:

(1) Such systems shall have a primary nozzle shut-off, automatic in operation, to stop liquid flow when the liquid level reaches the delivery nozzle.

(2) Such systems shall have an effective means to prevent the recirculation of liquid through the vapor return line, including but not limited to a secondary shut-off device.

(3) Such systems shall include a recirculation prevention device which shall shut off the flow of liquid prior to permitting the passage of liquid through the vapor return line in excess of 0.3 gallon.

(4) Assist systems shall operate at the vacuum level recommended by the manufacturer but not at more than 10 inches H2O vacuum as measured at the nozzle during delivery.

(5) Such systems shall operate without the failure of any component between an ambient temperature of 0°F and 105°F.

(6) The following type approval test procedures and tolerances shall apply to all such vapor recovery systems:

(i) The test to determine the acceptability of an individual nozzle shall be conducted utilizing a closed test unit.

(ii) The test procedure for primary shut-off shall positively demonstrate proper initial automatic shut-off and a failure to override such shut-off in 10 consecutive attempts made as rapidly as the nozzle permits. For nozzles that will allow a tight seal with the vehicle fill opening, the 10 attempts to override shall not increase the amount indicated by the dispensing and measuring device by more than 0.1 gallon. This test shall be performed on at least six representative nozzles and shall be repeated at least 10 times on each such nozzle.

(iii) The test procedure for secondary shut-off (if so provided) shall positively demonstrate nozzle shut-off when an attempt is made to dispense liquid into a closed test unit. Prior to an attempt to dispense liquid, the vapor return line shall be filled with sufficient liquid to activate the secondary shut-off device. The end of the nozzle must be inserted into the opening of an empty test unit with care so that the liquid does not drain back into storage. This test must be performed on at least six nozzles and shall be repeated at least 10 times on each such nozzle.

(iv) Prior to a delivery accuracy test, the dispensing and measuring device must be adjusted as close as practicable to zero and within the acceptance tolerance for the device.

(v) Compliance with delivery tolerance requirements shall be based on observations of refueling of at least 300 vehicles under conditions representative of the anticipated range of actual field use.

(vi) Test procedures to determine compliance with delivery tolerance requirements shall include the observation of refueling operations with a liquid trap in the vapor return hose so that all liquid entering the hose can be collected and measured. Trap placement and tester actions shall be such as to produce the least possible change from normal operations. The trap shall be installed at the outlet end of the vapor hose and outside of the dispenser. The vapor return hose shall be drained into the trap after each refueling. The delivery tolerance tests shall be performed on various sizes of passenger vehicles, vans and trucks and shall utilize varied fuel delivery rates, hold-open clip and self-serve modes, complete and partial fills, fuel types and nozzle orientations. A system shall be rejected if there is a failure during any one individual delivery to meet the 0.2 percent tolerance set forth at subparagraph (viii) of this paragraph.

(vii) The test procedure to determine compliance with the limits of vacuum on an assist system shall include an appropriate gauge, pressure transducer or indicator installed at the nozzle. When the system is operated it must function within the limits specified by this subdivision.

(viii) In a vapor recovery systems test the quantity of measured product entering the vapor return line during a delivery shall not exceed 0.2 percent of the total fuel delivered during any one individual delivery and 0.02 percent of the total fuel delivered to the 300 or more vehicles fueled during the test period.

(ix) The commissioner may accept the test results from any other jurisdiction with at least five year's experience testing such systems so long as the procedures and tolerances used are at least as strict as those set forth in this subdivision.

(7) The following field compliance test procedures and tolerances shall apply to all such vapor recovery systems:

(i) The nozzle shall be inserted into the fill opening of the vehicle tank or test unit in accordance with the instructions on the device, if any, and common public usage.

(ii) A primary shut-off shall occur when the nozzle is contacted by the liquid with the dispenser operating at any discharge rate but not less than the minimum rate allowed by the hold-open clip, if any, or three gallons per minute, whichever is less.

(iii) After an original liquid activated (primary) shut-off and with the nozzle outlet immersed in liquid, six additional attempts to activate the nozzle shall be made as rapidly as the installation permits. For nozzles that will allow a tight seal with the vehicle fill opening, the six additional attempts to override the nozzle shall not increase the amount indicated by the dispenser by more than a total of 0.1 gallon. The 0.1 gallon limit does not apply to vehicle tests.

(iv) If the system is equipped with a secondary pressure activated shut-off, 0.1 gallon of fuel shall be poured into the vapor hose while as much of the hose as permitted by the installation shall be placed lower than the nozzle. The nozzle shall be placed rapidly into the empty test unit or a vehicle tank that is within three gallons of being full including the fill inlet. Automatic shut-off must occur when the nozzle is activated.

1 CRR-NY 220.3 Schedules of maximum fees permitted for inspection {#sec-1-crr-ny-220.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.3}

(a) The following fee schedule sets forth the maximum amounts that municipal directors of weights and measures in municipalities having a population of less than two million inhabitants may collect for each inspection1 (or reinspection after repair) and each testing (or retesting after repair) of all weights and measures, weighing and measuring devices and systems and related accessories within their jurisdictions.

(1) Scales.

(i) Up to and including 15 kg (33 lb) capacity:

(2) Weights—field standard (Class F).

(3) Linear field measures.

(4) Liquid measures and devices.

(5) Petroleum dispensing and measuring devices.

(6) Vehicles.

(iii) Compartment calibration:

(7) Stationary petroleum metering systems.

(8) Bulk milk tanks.

(9) Timing devices.

except for:

(b) The following fee schedule sets forth the maximum amounts that municipal directors of weights and measures in municipalities having a population of more than two million inhabitants may collect for each inspection1 (or reinspection after repair) and each testing (or retesting after repair) of all weights and measures, weighing and measuring devices and systems and related accessories within their jurisdictions.

(1) Scales.

(2) Weight kits-field.

(3) Linear field measures (meterstick, yardstick).

(4) Liquid measures and devices.

(5) Petroleum dispensing and measuring devices.

(6) Vehicles.

((iv)) Compartment calibration:

(7) Stationary petroleum metering systems.

(8) Laboratory fees, field standards only (Class F)—testing and calibration.

(i) Weights:

(iv) Provers:

(v) Linear measures.

(c) The following fee schedule sets forth the amounts that may be charged by the State director for each inspection and test of weighing and measuring devices not otherwise conducted by a municipality:

(1) Scales.

(2) Liquified petroleum gas meters.

(d) The following fee schedule sets forth the amounts that may be charged by the State director for each inspection and test of weighing and measuring devices conducted upon request:

(1) Portable wheel-load weighers.

(2) Lottery balls.

(e) The following regulations pertaining to the collection of fees shall apply in all jurisdictions:

(1) A fee shall be charged once annually unless a device is ordered to be repaired and must be retested. An additional fee is permitted for that retest.

(2) An additional fee may be charged for a retest if during the course of a year a device is found to be in error and ordered repaired.

(3) The initial inspection fee on new or reconditioned devices shall be paid by the user.

(4) Recalibration fees on bulk milk tanks shall be paid by the party requesting the recalibration.

(5) All fees must be paid within 30 days, except that in municipalities having a population of more than two million inhabitants, all fees must be paid within 10 days.

(6) No fee shall be charged when using privately owned calibrated equipment to perform any testing.

(7) A fee may be charged when using State-owned calibrated equipment to perform any testing unless the State is assessing a fee.

(8) No fee shall be paid directly to any weights and measures official unless authorized by the State Director of Weights and Measures on the basis of unusual conditions or hardship.

(9) All fees shall be paid to the designated municipal fiscal officer who shall keep an accurate record and submit an annual report to the commissioner on a form prescribed by the commissioner.

1 CRR-NY 220.4 Schedule of fees for State weights and measures calibration {#sec-1-crr-ny-220.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.4}

The following schedule of fees may be the amounts that shall be charged for any calibration performed by State weights and measures personnel, upon the standards of weights and measures of any person, firm or corporation requesting calibration services:

(a) Mass standards.

(1) Calibration of field standards:

(2) Calibration of laboratory standards:

(b) Volumetric standards.

(1) Calibration of field standards:

(2) Calibration of slicker plate and laboratory standards:

(3) Calibration of LPG standards:

(c) Linear standards.

(1) Calibration:

(2) Calibration:

(d) For any special test requested, an hourly rate of $75 may be charged. Estimates shall be given upon request.

(e) This fee schedule shall also apply to any local jurisdiction whose laboratory has been certified by the State Bureau of Weights and Measures and shall be the maximum permitted fees that may be charged by the local jurisdiction.

1 CRR-NY 220.5 Frequency of inspection and testing of devices {#sec-1-crr-ny-220.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.5}

The following schedule sets forth the frequency that municipal directors of weights and measures must inspect the following devices and measures.

(a) Weighing devices.

All commercially used weights and weighing devices and accessories shall be inspected and tested for accuracy at least once a year.

(b) Petroleum dispensing devices.

All commercial petroleum dispensing devices and accessories shall be inspected and tested for accuracy at least once a year.

(c) Volumetric measures.

All commercially used volumetric measures shall be inspected and checked for accuracy at least annually and shall be recalibrated at least once in every five years except for bulk milk holding tanks which shall be calibrated upon installation and shall be recalibrated upon request by either the producer or receiver or whenever the weights and measures official deems it necessary.

(d) Linear measures and linear measuring devices.

All commercially used linear measures and linear measuring devices shall be inspected and tested for accuracy at least once annually.

(e) Timing devices.

All devices where time is a basis for charge shall be inspected and tested for accuracy at least once a year.

1 CRR-NY 220.6 Wheel-load weighers and portable axle-load scales; records {#sec-1-crr-ny-220.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.6}

(a) No device shall be approved unless it shall meet the specifications and tolerances prescribed in the National Bureau of Standards Handbook 44 as adopted by the commissioner, except that the basic maintenance and basic acceptance tolerance shall be two percent of the known test load.

(b) Whenever wheel-load weighers or portable axle-load scales are tested by the department, the Bureau of Weights and Measures shall prepare and maintain the records and prepare and issue the certificates prescribed in subdivisions (c) and (d) of this section. When two individual wheel-load weighers are marked as a pair, they shall be tested and certified as a pair, and tolerances shall be applied to the combined indications.

(c) The bureau shall record the name of the person or agency requesting such test, the serial numbers and type or model of each device tested, the date of and the result of such test and the person or persons performing such test, in a central register maintained in the bureau.

(d) In addition to the book of registry, the bureau shall prepare a certificate containing the information described in subdivision (c) of this section each time a device is tested. The original of such certificate shall be maintained in the bureau, and a duplicate original copy thereof shall be issued to the person or agency requesting such test.

(e) The bureau shall use the increasing-load test method in testing wheel-load weighers and portable axle-load scales. When using certified test weights, devices shall be verified at intervals not greater than 5,000 pounds. When using a force standard, the device shall be verified at a minimum of four test points between 7,500 pounds and capacity.

1 CRR-NY 220.7 Farm milk tanks {#sec-1-crr-ny-220.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.7}

(a) Foundation.

The foundation for a farm milk tank shall be constructed with due consideration of frost penetration and shall be of sufficient strength to support the fully liquid-laden tank without change of level.

(b) Head space.

The distance between the top of the milk tank and the ceiling shall not be less than 36 inches. The minimum acceptable dimensions for a recessed ceiling are five feet by five feet, and the recessed area of the ceiling shall be positioned off center in such a manner that the maximum area is available for placing the test equipment. This subdivision shall apply only to farm milk tanks installed on or after March 1, 1979.

1 CRR-NY 220.8 [Repealed] {#sec-1-crr-ny-220.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.8}

1 CRR-NY 220.9 [Repealed] {#sec-1-crr-ny-220.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.9}

1 CRR-NY 220.10 Records and reports {#sec-1-crr-ny-220.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.10}

Each municipal director of weights and measures shall maintain the following records and submit the following reports in a manner prescribed by the State Director of Weights and Measures. All such records and reports shall be available for inspection and review by the Commissioner of Agriculture and Markets or his authorized agents.

(a) Annual report.

A verified annual report of work completed during the year shall be made to the commissioner not later than the first day of February in the following year.

(b) Record of establishments and devices.

A complete record of establishments and commercial weighing and measuring devices within the municipal jurisdiction shall be maintained.

(c) File of inspections.

A file of inspection reports shall be maintained in accordance with instructions of the State director.

(d) Record of complaints.

A complete record of all complaints received and results of complaints investigated shall be maintained.

(e) Records of fees collected.

Where fees are charged, a complete and accurate record, by device classification, of all fees collected by the municipality shall be maintained.

(f) Civil action and penalties collected.

A complete and accurate record shall be maintained of all civil actions commenced, civil penalties released, settled or compromised, and moneys collected by the municipality as a result of civil action.

1 CRR-NY 220.11 Retail scales {#sec-1-crr-ny-220.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.11}

Scales used in the retail sale of the commodities listed below shall be graduated in the units listed and shall have displayed scale divisions equal to or smaller than the maximum division size. If the device is marked with a class designation, the scale shall be of the class listed.

| | | Maximum | Handbook | | --- | --- | --- | --- | | | | division | 44 | | Commodity | Units | size | class | | Precious gems | gram | .002 g | II | | (diamonds, rubies, etc.) | carat | .01 carat | II | | Semiprecious gems | gram | .2 g | III | | | carat | .1 carat | III | | | pennyweight | .2 dwt | III | | | ounce troy | .01 oz t | III | | Precious metals | gram | .2 g | III | | (gold, silver, etc.) | pennyweight | .2 dwt | III | | | ounce troy | .01 oz t | III | | Pharmaceuticals | gram | .01 g | III | | | grain | .1 grain | | | Food and food products | gram | 5 g | III | | | kilogram | .005 kg | III | | | pound | .01 lb | III | | | pound/ounce | 1 oz | III | | Nonfood/specialty items | gram | 5 g | III | | (tobacco, potpourri, etc.) | kilogram | .005 kg | III | | | pound | .01 lb | | | | pound/ounce | ¼ oz | III |

1 CRR-NY 220.12 Schedule of fees for type approval examination {#sec-1-crr-ny-220.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.12}

The following schedule shall be the amounts that may be charged for type approval examinations undertaken upon the request of any person, firm, or corporation:

(a) Laboratory evaluation.

(1) A fee of $75 per hour for examination of any device in the State laboratory.

(2) A fee of $100 for processing an application for approval when the examination has been conducted at another national type evaluation program laboratory.

(b) Field evaluation.

The following fee schedule shall apply to any type approval examination conducted away from the State laboratory:

(1) Technician time, $50/hr.

(2) Per-diem. As computed by method I or method II prescribed by State Comptroller's office.

(3) Transportation. The manufacturer is responsible for the round trip costs of transportation for the technicians from their assigned work station to the test site. Transportation costs include airline tickets, car rental, parking, tolls, and similar costs as appropriate.

(4) Equipment charges.

| | Per day | Per mile | | --- | --- | --- | | (i) Weight truck | $400.00 | $2.50 | | (ii) Prover truck | $400.00 | 1.50 | | (iii) LPG unit | 200.00 | .50 | | (iv) Pickup trucks | 30.00 | .26 |

1 CRR-NY 220.13 Administrative review of condemnation, stop-use, stop-removal and removal orders {#sec-1-crr-ny-220.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.13}

Administrative review of condemnation, stop-use, stop-removal and removal orders shall be provided and shall be available as follows:

(a) for orders issued by the Department of Agriculture and Markets, upon receipt of a written request for administrative review of such order made within five business days from issuance of the order, the department will, within three business days from the date of receipt of the request, provide for administrative review of the order by or before an independent hearing officer of the Department of Agriculture and Markets. A written request for review shall be directed to the Director, Bureau of Weights and Measures, Department of Agriculture and Markets, Albany, NY 12235-0001;

(b) for orders issued by any local weights and measures official, review of such order may be obtained upon written request made within five business days from the date of such order directed to the local director of weights and measures. Within three business days from the date of receipt of a written request for such review, the administrative review shall be conducted by an officer designated by the appropriate municipal official, provided that the officer so designated shall not be a person responsible for administration and enforcement of the locality's weights and measures program.

All condemnation, stop-use, stop-removal and removal orders shall contain a notice that an administrative review of such order is available upon timely written request. The notice shall read substantially as follows:

NOTICE

YOU HAVE THE RIGHT TO ADMINISTRATIVE REVIEW OF THIS ORDER. TO OBTAIN REVIEW, SEND A WRITTEN REQUEST POST-MARKED WITHIN FIVE (5) BUSINESS DAYS FROM THE DATE OF THIS ORDER TO (insert name and address). YOUR REQUEST SHOULD SET FORTH ANY INFORMATION WHICH YOU BELIEVE SUPPORTS WITHDRAWAL OR MODIFICATION OF THE ORDER.

1 CRR-NY 220.14 Testing procedures for price verification {#sec-1-crr-ny-220.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.14}

The testing procedures for pricing accuracy shall be those adopted by the 80th National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, 2006 edition. “Examination Procedure for Price Verification”. This document is available from the National Conference on Weights and Measures, 15245 Shady Grove Road, Rockville, MD 20850, or the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the office of the Director of Weights and Measures, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the office of the Department of State, 41 State Street, NY 12231.

1 CRR-NY 220.15 to 220.39 to 220.39 [Repealed] {#sec-1-crr-ny-220.15-to-220.39 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 220.15 to 220.39}

Part 221 COMMODITIES

1 CRR-NY 221.1 Packaging and labeling regulation; application {#sec-1-crr-ny-221.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.1}

The provisions in this Part shall apply to packages and to commodities in package form, but shall not apply to:

(a) inner wrappings not intended to be individually sold to the customer;

(b) shipping containers or wrapping used solely for the transportation of any commodities in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors, but in no event shall this exclusion apply to packages of consumer or nonconsumer commodities, as defined herein;

(c) auxiliary containers or outer wrappings used to deliver packages of such commodities to retail customers if such containers or wrappings bear no printed matter pertaining to any particular commodity;

(d) containers used for retail tray pack displays when the container itself is not intended to be sold (e.g., the tray that is used for display of individual envelopes of seasonings, gravies, etc.); or

(e) open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear any written, printed or graphic matter obscuring the label information required by this regulation.

1 CRR-NY 221.2 Definitions {#sec-1-crr-ny-221.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.2}

(a) The term commodity in package form shall be construed to mean a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale. An individual item or lot of any commodity not in packaged form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measures, shall be construed to be a commodity in package form.

(b) A consumer package or package of consumer commodity shall be construed to mean a commodity in package form that is customarily produced or distributed for sale through retail sale agencies or instrumentalities for consumption by individuals, or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions.

(c) A nonconsumer package or package of nonconsumer commodity shall be construed to mean any commodity in package form other than a consumer package, and particularly a package intended solely for industrial or institutional use or for wholesale distribution.

(d) The term random package shall be construed to mean a package that is one of a shipment or delivery of packages of the same consumer commodity with no fixed pattern of net contents.

(e) The term label shall be construed to mean any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon or adjacent to a consumer commodity or a package containing any consumer commodity, for purposes of branding, identifying, or giving any information with respect to the commodity or to the contents of the package.

(f) The term person shall be construed to mean both singular and plural and shall include any individual, partnership, firm, company, corporation, association and society.

(g) The term principal display panel or panels shall be construed to mean that part, or those parts of a label that is, or are, so designed as to be most likely to be displayed, presented, shown, or examined under normal and customary conditions of display and purchase. Wherever a principal display panel appears more than once on a package, all requirements pertaining to the “principal display panel” shall pertain to all such “principal display panels.”

(h) The term multi-unit package shall be construed to mean a package containing two or more individual packages of the same commodity, in the same quantity, with the individual packages intended to be sold as part of multi-unit package but capable of being individually sold in full compliance with all requirements of this Part.

(i) Sale at retail means a transaction wherein a person sells a commodity to the consumer, whether such sale is consummated at the place of business of the seller or by mail, telephone or in writing at a place other than at the place of business. Places of business carrying on such transactions include, but are not limited to, supermarkets, grocery stores, butcher shops, food freezer dealers, food plan companies, and department and variety stores.

1 CRR-NY 221.3 Declaration of identity {#sec-1-crr-ny-221.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.3}

(a) Consumer package.

A declaration of identity on a consumer package shall appear on the principal display panel and shall identify the commodity in the package by its common or usual name, description, generic term, or the like. Such declaration shall appear generally parallel to the base on which the package rests as it is designed to be displayed.

(b) Nonconsumer package.

A declaration of identity on a nonconsumer package shall appear on the outside of a package and shall identify the commodity in the package by its common or usual name, description, generic term or the like.

1 CRR-NY 221.4 Declaration of responsibility {#sec-1-crr-ny-221.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.4}

(a) Any packaged commodity, kept, offered or exposed for sale, or sold at any place other than on the premises where packed, shall specify conspicuously on the label of the package, the name and address of the manufacturer, packer or distributor. The name shall be the actual corporate name, or when not incorporated, the name under which the business is conducted. The address shall include street address, city, state (or country if outside the United States) and ZIP code (or the mailing code, if any, used in countries other than the United States); however, the street address may be omitted if it is listed in any readily accessible, well-known, widely published, and publicly available resource, including but not limited to a printed directory, electronic database, or website.

(b) If a person manufactures, packs or distributes a commodity at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed, unless such statement would be misleading. Where the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connections such person has with such commodity, such as “manufactured for and packed by. . . . .,” “distributed by. . . . .,” or any other wording of similar import that expresses the facts.

1 CRR-NY 221.5 Declaration of quantity; consumer packages {#sec-1-crr-ny-221.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.5}

(a) General.

The International System of Units (SI) known as the metric system and units of the customary system of weights and measures are jointly recognized, and units of either one of these systems may be used in a declaration of quantity. However, customary equivalents to metric sizes must be presented on commodities until such time as the Federal Fair Packaging and Labeling Act is amended and the commissioner deems the consumer is adequately prepared for the sole use of metric declarations.

(b) Largest whole unit.

Where this regulation requires that the quantity declaration be in terms of the largest whole unit, the declaration shall, with respect to a particular package, be in terms of the largest whole unit of weight or measure, with any remainder expressed in:

(1) common or decimal fractions of such largest whole unit; or

(2) the next smaller whole unit, or units, with any further remainder in terms of common or decimal fractions of the smallest unit present in the quantity declaration.

(c) Net quantity.

The principal display panel of a package shall bear a declaration of the net quantity of the commodity in the package, exclusive of wrappers and any other material packed with such commodity.

(d) Use of “net mass” or “net weight”.

A quantity declaration may stand alone or may include the term net mass or net weight either preceding or following the declaration. The term net by itself may be used on food labels. However, the quantity of contents shall always declare the net quantity of contents even when such terms are not used.

(e) Lines or print or type.

A declaration of quantity may appear on more than one line of print or type.

(f) Terms—weight, liquid measure or count.

The declaration of the quantity of a particular commodity shall be expressed in terms of liquid measure, if the commodity is liquid, or in terms of weight, if the commodity is solid, semisolid, viscous, or a mixture of solid and liquid, or in terms of numerical count. However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, if such traditional declaration gives accurate and adequate information as to the quantity of the com-modity.

(g) Combination declaration.

(1) Weight. A declaration of quantity in terms of weight shall be combined with appropriate declarations of the measure, count and size of the individual units unless a declaration of weight alone is fully informative.

(2) Measure. A declaration of quantity in terms of measure shall be combined with appropriate declarations of the weight, count and size of the individual units unless a declaration of measure alone is fully informative.

(3) Count. A declaration of quantity in terms of count shall be combined with appropriate declarations of the weight, measure and size of the individual units unless a declaration of count alone is fully informative.

(h) Metric units—weight, measure.

A declaration of quantity:

(1) in units of weight shall be in terms of the kilogram, gram or milligram;

(2) in units of liquid measure shall be in terms of the liter or milliliter, and shall express the volume at 20 degrees C, except in the case of petroleum products, for which the declaration shall express the volume at 15 degrees C, and except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at 4 degrees C;

(3) in units of linear measure shall be in term of the meter, centimeter, or millimeter;

(4) in units of area measure shall be in terms of the square meter or square centimeter;

(5) in units of volume, other than liquid measure, shall be in terms of the liter and milliliter, except that the terms cubic meter and cubic centimeter will be used only when specifically designated as a method of sale.

(i) Symbols.

(1) Any of the following symbols for metric units, and none other, may be employed in the quantity statement on a package of commodity:

| | | | --- | --- | | meter | m | | centimeter | cm | | millimeter | mm | | square meter | m2 | | square centimeter | cm2 | | cubic meter | m3 | | cubic centimeter | cm3 | | liter | L | | milliliter | mL | | gram | g | | kilogram | kg | | milligram | mg |

(2) Symbols, except for liter, are not capitalized unless the unit is derived from a proper name. Periods should not be used after the symbol. Symbols are always written in the singular form—do not add “s” to express the plural when the symbol is used.

(j) Customary units—weight, measure.

A declaration of quantity:

(1) in units of weight shall be in terms of the avoirdupois pounds or ounces; except, that solder and brazing alloys containing precious metals when packaged and labeled for retail sale are exempted hereunder, provided, the net quantity declaration is stated in terms of the troy pound and ounce and the term “Troy” is used in each declaration;

(2) in units of liquid measure shall be in terms of the United States gallon of 231 cubic inches or liquid-quart, liquid-pint or fluid ounce subdivisions of the gallon, and shall express the volume at 68°F, except in the case of petroleum products, for which the declaration shall express the volume at 60°F, and except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature and except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at 40°F;

(3) in units of linear measure shall be in terms of the yard, foot or inch;

(4) in units of area measure shall be in terms of the square yard, square foot or square inch;

(5) in units of dry measure shall be in terms of the United States bushel of 2,150.42 cubic inches or peck, dry quart, and dry pint subdivisions of the bushel;

(6) in units of cubic measure shall be in terms of the cubic yard, cubic foot, or cubic inch.

(k) Symbols and abbreviations.

(1) Any of the following symbols and customary units, and none other, shall be employed in the quantity statement on a package of commodity:

| | | | --- | --- | | avoirdupois | avdp | | cubic | cu | | feet or foot | ft | | fluid | fl | | gallon | gal | | inch | in | | liquid | liq | | ounce | oz | | pint | pt | | pound | lb | | quart | qt | | square | sq | | weight | wt | | yard | yd |

(2) There normally are no periods following, nor plural forms of, symbols and abbreviations. For example, “oz” is the symbol for both ounce and ounces. Both upper and lower case letters are acceptable.

(l) Units with two or more meanings.

When the term “ounce” is employed in a declaration of liquid quantity, the declaration shall identify the particular meaning of the term by the use of the term “fluid”; however, such distinction may be omitted when, by association of terms (for example, as in “1 pint 4 ounces”), the proper meaning is obvious. Whenever the declaration of quantity is in terms of the dry pint or dry quart, the declaration shall include the word “dry”.

(m) Prescribed units—metric system.

(1) Less than one meter, one square meter, one kilogram, or one liter. The declaration of quantity shall be expressed in terms of:

(i) in the case of length measure of less than one meter, centimeters and decimal fractions of a centimeter, but if less than one centimeter, then in millimeters;

(ii) in the case of area measure of less than one square meter, square centimeters and decimal fractions of square centimeters;

(iii) in the case of weight of less than one kilogram, grams and decimal fractions of a gram, but if less than one gram, then in milligrams;

(iv) in the case of fluid or dry measure of less than one liter, milliliters. Provided, that the quantity declaration appearing on a random package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places.

(2) One meter, one square meter, one kilogram, one liter or more. In the case of:

(i) length measure of one meter or more; in meters and decimal fractions to not more than three places;

(ii) area measure of one square meter or more; in square meters and decimal fractions to not more than three places;

(iii) weight of one kilogram or more; in kilograms and decimal fractions to not more than three places;

(iv) fluid or dry measure of one liter or more; in liters and decimal fractions to not more than three places.

(3) Bidimensional commodities. For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed:

(i) if less than one square meter, in terms of cm2, followed in parentheses by a declaration of length and width in centimeters and decimal fractions;

(ii) if one square meter or more, in terms of square meters followed in parentheses by a declaration of both length and width, each being in terms of the meter and decimal fractions of a meter; provided, that:

(a) no square meter declaration is required for a bidimensional commodity of 10 centimeters width or less, but the length and width shall be expressed in centimeters;

(b) a dimension of less than one meter may be stated in centimeters within the parenthetical;

(c) commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations, for which see subdivision [o] of this section) require a declaration of unit area but not a declaration of total area of all such units; and

(d) no declaration in square units is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bedsheets) if such commodities clearly present the length and width measurements on the label.

(n) Prescribed units—customary system.

(1) Less than one foot, one square foot, one pound, or one pint. The declaration of quantity shall be expressed in terms of:

(i) in the case of length measure of less than one foot, inches and fractions of inches;

(ii) in the case of area measure of less than one square foot, square inches and fractions of square inches;

(iii) in the case of weight of less than one pound, ounces and fractions of ounces;

(iv) in the case of fluid measure of less than one pint, fluid ounces and fractions of fluid ounces;

Provided, that the quantity declaration appearing on a random package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places.

(2) One foot, one square foot, one pound, one pint, one gallon, or more. The declaration of quantity shall be expressed in the following terms:

(i) length measure of one foot or more, the declaration of quantity shall be expressed in terms of feet or yards with any remainder expressed in inches and fractions of the inch or in fractions of the foot or yard, except that it shall be optional to include a statement of length in terms of inches;

(ii) area measure of one square foot or more but less than four square feet, expressed in square feet with any remainder expressed in square inches and fractions of a square inch or in fractions of a square foot; or

(iii) area measure of four square feet or more, expressed in square yards or square feet with any remainder in expressed in square inches and fractions of a square inch or in fractions of the square foot or square yard;

(iv) weight of one pound or more expressed in terms of the largest whole unit with any remainder expressed in ounces and fractions of an ounce or in fractions of the pound;

(v) fluid measure of one pint or more but less than one gallon, expressed in quarts, quarts and pints, or pints with any remainder expressed in fluid ounces or fractions of the pint or quart, except that two quart may be declared as one-half gallon; or

(vi) fluid measure of one gallon or more, expressed in terms of gallons followed by fractions of a gallon or by the next smaller whole unit with any remainder expressed in fluid ounces or fractions of the pint or quart;

(vii) dry measure of one dry pint or more, expressed in terms of the largest whole unit with the remainder expressed in fractions of a dry pint, dry quart, peck, or bushel, provided the quantity declaration on a random package may be expressed in decimal fractions of the largest appropriate unit carried out to no more than three decimal places.

(3) Bidimensional commodities. For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed:

(i) if less than one square foot, in terms of linear inches and fractions of linear inches;

(ii) if at least one square foot, but less than four square feet, in terms of square inches followed in parentheses by a declaration of both the length and width, each being in terms of the largest whole unit; provided, that:

(a) no square inch declaration is required for a bidimensional commodity of four inches width or less;

(b) a dimension of less than two feet may be stated in inches within the parenthetical declaration; and

(c) commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations, for which see subdivision [o] of this section) require a declaration of unit area but not a declaration of total area of all such units;

(iii) If four square feet or more, in terms of square feet followed in parentheses by a declaration of the length and width in terms of the largest whole units; provided, that:

(a) no declaration in square feet is required for a bidimensional commodity with a width of four inches or less;

(b) bidimensional commodities, with a width of four inches or less, shall have the length expressed in inches followed by a statement in parentheses of the length in the largest whole unit;

(c) a dimension of less than two feet may be stated in inches within the parenthetical declaration; and

(d) no declaration in square units is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bedsheets) if such commodities clearly present the length and width measurements on the label.

(o) Count; ply.

(1) If the commodity is in individually usable units of one or more components or ply, the quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this Part, include the number of ply and total number of usable units.

(2) Roll-type commodities, when perforated so as to identify individual usable units, shall not be deemed to be made up of usable units; however, such roll-type commodities shall be labeled in terms of:

(i) total area measurement;

(ii) number of ply;

(iii) count of usable units; and

(iv) dimensions of a single usable unit.

(p) Fractions.

(1) Metric. A metric statement in a declaration of net quantity of contents of any consumer commodity may contain only decimal fractions.

(2) Customary. A customary statement in a declaration of net quantity of contents of any consumer commodity may contain common or decimal fractions. A common fraction shall be in terms of halves, quarters, eights, sixteenths, or thirty-seconds, except that:

(i) if there exists a firmly established general consumer usage and trade custom of employing different common fractions in the net quantity declaration of a particular commodity, they may be employed; and

(ii) if linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.

(3) Common fractions. A common fraction shall be reduced to its lowest terms.

(4) Decimal fractions. A decimal fraction shall not be carried out to more than three places.

(q) Conversion of units.

In all conversions for the purpose of showing an equivalent metric or customary quantity, the number of significant digits retained should be such that accuracy is neither sacrificed nor exaggerated.

(r) Supplementary declarations.

(1) Supplementary quantity declarations. The required quantity declaration may be supplemented by one or more declarations of weight, measure, or count, such declaration appearing other than on a principal display panel. Such supplemental statement of quantity of contents shall not include any terms qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity contained in the package (e.g., “giant” quart, “larger” liter, “full” gallon, “when packed”, “minimum”, or words of similar import).

(2) Combined metric and customary declarations. An equivalent statement of the net quantity of contents in terms of either the customary or metric systems is not regarded as a supplemental statement and such statement may also appear on the principal display panel; provided, that it conforms to both subdivision (h) and subdivision (m) of this section.

(3) Qualification of declaration prohibited. In no case shall any declaration of quantity be qualified by the addition of the words “when packed”, “minimum”, or “not less than”, or any words of similar import, nor shall any unit of weight, measure, or count be qualified by any term (such as “jumbo”, “giant”, “full”, or the like) that tends to exaggerate the amount of commodity.

(s) Character of declaration; average.

The average net quantity of contents in the packages of a particular lot, shipment, or delivery shall at least equal the declared net quantity and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such shortage.

1 CRR-NY 221.6 Prominence and placement; consumer packages {#sec-1-crr-ny-221.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.6}

(a) General.

All information required to appear on a consumer package shall appear thereon in the English language and shall be prominent, definite and plain, and shall be conspicuous as to size and style of letters and numbers and as to color of letters and numbers in contrast to color of background. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.

(b) Location.

The declaration or declarations of quantity of the contents of a package shall appear in the bottom 30 percent of the principal display panel, or panels. For cylindrical containers, see also section 221.8(g) of this Part for additional requirements.

(c) Style of type or lettering.

The declaration or declarations of quantity shall be in such a style of type or lettering as to be boldly, clearly, and conspicuously presented with respect to other type, lettering, or graphic material on the package, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface is permissible when all label information is blown, formed, or molded on the surface.

(d) Color contrast.

The declaration or declarations of quantity shall be in a color that contrasts conspicuously with its background, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface shall not be required to be presented in a contrasting color if no required label information is on the surface in a contrasting color.

(e) Free area.

The area surrounding the quantity declaration shall be free of printed information:

(1) above and below, by a space equal to at least the height of the lettering in the declaration; and

(2) to the left and right, by a space equal to twice the width of the letter “n” of the style and size of type used in the declaration.

(f) Parallel quantity declaration.

The quantity declaration shall be presented in such a manner as to be generally parallel to the declaration of identity and to the base on which the package rests as it is designed to be displayed.

(g) Calculation of area of principal display panel or panels for purpose of type size.

The square-inch area of the principal display panel shall be:

(1) in the case of a rectangular container, one entire side which properly can be considered to be the principal display panel, the product of the height times the width of that side;

(2) in the case of a cylindrical or nearly cylindrical container, 40 percent of the product of the height of the container times the circumference; or

(3) in the case of any other shaped container, 40 percent of the total surface of the container, unless such container presents an obvious principal display panel (e.g., the top of a triangular or circular package of cheese, or the top of a can of shoe polish), the area shall consist of the entire such surface; provided, that determination of the principal display panel shall exclude tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars.

(h) Minimum height of numbers and letters.

The height of any letter or number in the required quantity declaration shall be not less than that shown in Table 1 with respect to the area of the panel, and the height of each number of a common fraction shall meet one-half the minimum height standards; provided, that in the case of the symbol for milliliter (mL), the “m” shall meet one-half the minimum height standard.

(i) Numbers and letters; proportion.

No number or letter shall be more than three times as high as it is wide.

TABLE 1 MINIMUM HEIGHT OF NUMBERS AND LETTERS

| Square-inch area of principal display panel | Minimum height of numbers and letters | Minimum height label information blown, formed, or molded into surface of container | | --- | --- | --- | | 5 square inches and less | 1/16 inch | 1/8 inch | | Greater than 5 square inches and not greater than 25 square inches | 1/8 inch | 3/16 inch | | Greater than 25 square inches and not greater than 100 square inches | 3/16 inch | 1/4 inch | | Greater than 100 square inches and not greater than 400 square inches | 1/4 inch | 5/16 inch | | Greater than 400 square inches | 1/2 inch | 9/16 inch |

1 CRR-NY 221.7 Declaration of quantity; nonconsumer packages {#sec-1-crr-ny-221.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.7}

(a) General.

Same as section 221.5(a) of this Part.

(b) Location.

A nonconsumer package shall bear on the outside a declaration of the net quantity of contents. Such declaration shall be in terms of the largest whole unit (see section 221.5[b] of this Part).

(c) Terms—weight, liquid measure, or count.

Same as section 221.5(f) of this Part.

(d) Metric units—weight, measure.

Same as section 221.5(h) of this Part.

(e) Symbols.

Same as section 221.5(i) of this Part.

(f) Customary units—weight, measure.

Same as section 221.5(j) of this Part.

(g) Symbols and abbreviations.

Same as section 221.5(k) of this Part.

(h) Character of declaration; average.

Same as section 221.5(s) of this Part.

(i) Prominence and placement; nonconsumer packages; general.

All information required to appear on a nonconsumer package shall be definitely and clearly stated thereon in the English language. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.

1 CRR-NY 221.8 Requirements—specific consumer commodities, packages, containers {#sec-1-crr-ny-221.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.8}

(a) Display card package.

For an individual package affixed to a display card, or for a commodity and display card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the display card.

(b) Eggs.

When cartons containing 12 eggs have been designed so as to permit division in half by the retail purchaser, the required quantity declaration shall be so positioned as to have its context destroyed when the carton is divided.

(c) Aerosols and similar pressurized containers.

The declaration of quantity on an aerosol package, and on a similar pressurized package, shall disclose the net quantity of the commodity (including propellant), in terms of weight, that will be expelled when the instructions for use as shown on the container are followed.

(d) Multi-unit packages.

Any package containing more than one individual “commodity in package form” (see section 221.2[a] of this Part) of the same commodity shall bear on the outside of the package a declaration of:

(1) the number of individual units;

(2) the quantity of each individual unit; and

(3) the total quantity of the contents of the multi-unit package; provided, that any such declaration of total quantity shall not be required to include the parenthetical quantity statement of a dual quantity representation.

(e) Combination packages.

Any package containing individual units of dissimilar commodities (such as an antiquing or a housecleaning kit, for example) shall bear on the label of the package a quantity declaration for each unit.

(f) Variety packages.

Any package containing individual units of reasonably similar commodities (such as, for example, seasonal gift packages, variety packages of cereal) shall bear on the label of the package a declaration of the total quantity of commodity in the package.

(g) Cylindrical containers.

In the case of cylindrical or nearly cylindrical containers, information required to appear on the principal display panel shall appear within that 40 percent of the circumference which is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale.

(h) Measurement of container-type commodities, how expressed.

(1) General. Commodities designed and sold at retail to be used as containers for other materials or objects, such as bags, cups, boxes, and pans, shall be labeled with the declaration of net quantity as follows:

(i) for bag-type commodities, in terms of count followed by linear dimensions of the bag (whether packaged in a perforated roll or otherwise). When the unit bag is characterized by two dimensions because of the absence of a gusset, the width and length will be expressed in centimeters or inches, except that a dimension of two feet or more will be expressed in feet with any remainder in terms of inches or common or decimal fractions of the foot, or if metric dimensions are used, a dimension of one meter or more will be expressed in meters with the remainder in terms of decimal fractions of the meter. When the unit bag is gusseted, the dimensions will be expressed as width, depth, and length, in terms of centimeters or inches, except that any dimension of two feet or more will be expressed in feet with any remainder in terms of inches or the common or decimal fractions of the foot, or if metric dimensions are used, a dimension of one meter or more will be expressed in meters with the remainder in terms of decimal fractions of the meter;

(ii) for other square, oblong, rectangular, or similarly shaped containers, in terms of count followed by length, width, and depth, except depth need not be listed when less than five centimeters or two inches; and

(iii) for circular or other generally round-shaped containers, except cups and the like, in terms of count followed by diameter and depth, except depth need not be listed when less than five centimeters or two inches.

(2) Capacity. When the functional use of the container is related by label references in standard terms of measure to the capability of holding a specific quantity of substance or class of substances such references shall be a part of the net quantity statement and shall specify capacity as follows:

(i) liquid measure for containers which are intended to be used for liquids, semisolids, viscous materials, or mixtures of solids and liquids. The expressed capacity will be stated in terms of the largest whole unit (gallon, quart, pint, ounce, liter, or milliliter), with any remainder in terms of the common or decimal fraction of that unit;

(ii) dry measure for containers which are intended to be used for solids. The expressed capacity will be stated in terms of the largest whole unit (bushel, peck, or liter), with any remainder in terms of the common or decimal fraction of that unit; and

(iii) where containers are used as liners for other more permanent containers, in the same terms as are normally used to express the capacity of the more permanent container.

Notwithstanding the above requirements, the net quantity statement for containers such as cups will be listed in terms of count and liquid capacity per unit. For purposes of this section, the use of the terms “capacity”, “diameter”, and “fluid” is optional.

(i) Textile products, threads, and yarns.

(1) Wearing apparel. Wearing apparel (including non-textile apparel and accessories such as leather goods and footwear) sold as single-unit items, or if normally sold in pairs (such as hosiery, gloves, and shoes) sold as single-unit pairs, shall be exempt from the requirements for a net quantity statement by count, as required by section 221.5(f) of this Part.

(2) Textiles. Bedsheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers and pads, afghans, throws, dresser and other furniture scarfs, tablecloths and napkins, flags, curtains, drapes, dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, carpets and rugs, pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc., shall be exempt from the requirements of subdivisions 221.5(m) and (n) of this Part; provided, that:

(i) the quantity statement for fitted sheets and mattress covers shall state, in centimeters or inches, the length and width of the mattress for which the item is designed, such as “twin”, “double”, “king”, etc;

(ii) the quantity statement for flat sheets shall state the size designation of the mattress for which the sheet is designed, such as “twin”, “double”, “king”, etc. The quantity statement also shall state, in centimeters or inches, the length and width of the mattress for which the sheet is designed, followed in parentheses by a statement, in centimeters or inches, of the length and width of the finished sheet;

(iii) the quantity statement for pillowcases shall state the size designation of he pillow for which the pillowcase is designed, such as “youth”, “standard”, and “queen”, etc. The quantity statement also shall state, in centimeters or inches, the length and width of the pillow for which the pillowcase is designed, followed in parentheses by a statement, in centimeters or inches, of the length and width of the finished pillowcase;

(iv) the quantity statement for blankets, comforters, quilts, bedspreads, mattress pads, afghans, and throws shall state, in centimeters or inches, the length and width of the finished item. The quantity statement also may state the length of any ornamentation and the size designation of the mattress for which the item is designed, such as “twin”, “double”, “king”, etc;

(v) the quantity statement for tablecloths and napkins shall state, in centimeters or inches, the length and width of the finished item. The quantity statement also may state parenthetically, in centimeters or inches, the length and width of the item before hemming and properly identified as such;

(vi) the quantity statement for curtains, drapes, flags, furniture scarfs, etc. shall state, in centimeters or inches, the length and width of the finished item. The quantity statement also may state parenthetically, in centimeters or inches, the length of any ornamentation;

(vii) the quantity statement for carpets and rugs shall state, in meters or feet, with any remainder in decimal fractions of the meter for metric sizes or common or decimal fractions of the foot or in inches for customary sizes, the length and width of the item. The quantity statement also may state parenthetically, in centimeters or inches, the length of any ornamentation;

(viii) the quantity statement for woven dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, etc. shall state, in centimeters or inches, the length and width of the item. The quantity statement for such items, when knitted, need not state the dimensions;

(ix) the quantity statement for textile products, such as pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc. shall be stated in terms of count and may include size designations and dimensions;

(x) the quantity statement for other than rectangular textile products identified in subparagraph (i) through (viii) of this paragraph shall state the geometric shape of the product and the dimensions which are customarily used in describing such geometric shape; and

(xi) the quantity statement for packages of remnants of textile products of assorted sizes, when sold by count, shall be accompanied by the term “irregular dimensions” and the minimum size of such remnants.

(3) Textiles; variations from declared dimensions.

(i) For an item with no declared dimension less than 60 centimeters or 24 inches, a minus variation greater than three percent of a declared dimension and a plus variation greater than six percent of a declared dimension should be considered unreasonable.

(ii) For an item with a declared dimension less than 60 centimeters or 24 inches, a minus variation greater than six percent of a declared dimension and a plus variation greater than 12 percent of a declared dimension should be considered unreasonable.

(4) Exemption; variety textile packages. Variety packages of textiles, which are required by reason of section 221.5 (g) of this Part to provide a combination declaration stating the quantity of each individual unit, shall be exempt from the requirements in this regulation for:

(i) location, section 221.6 (b) of this Part;

(ii) free area, section 221.6 (e) of this Part; and

(iii) minimum height of numbers and letters, section 221.6 (h) of this Part.

(5) Sewing threads, handicraft threads, and yarns. Sewing and handicraft threads shall be exempt from the requirements of section 221.5 (n) (2) (i) of this Part; provided, that:

(i) the net quantity statement for sewing and handicraft threads shall be expressed in terms of meters or yards;

(ii) the net quantity statement for yarns shall be expressed in terms of weight;

(iii) thread products may, in lieu of name and address, bear a trademark, symbol, brand, or other mark that positively identifies the manufacturer, packer, or distributor, provided that such marks, employed to identify the vendor, shall be filed with the commissioner; and

(iv) each unit of industrial thread shall be marked to show its net measure in terms of meters or yards or its net weight in terms of kilograms or grams or avoirdupois pounds or ounces, excpt that ready-wound bobbins which are not sold separately, shall not be required to be individually marked but the package containing such bobbins shall be marked to show the number of bobbins contained therein and the net meters or yards of thread on each bobbin.

(j) Packaged seed.

Packages of seeds intended for planting shall be labeled in full accord with this Part except as follows:

(1) The quantity statement shall appear in the upper 30 percent of the principal display panel.

(2) The quantity statement shall be in terms of the largest whole unit of the metric system for all weights up to seven grams, and in the metric system or in ounces for all other weights up to 225 grams or eight ounces; packaged seeds 225 grams or eight ounces or more shall not be subject to subdivision (j) of this section.

(3) The quantity statement for coated seed, encapsulated seed, pelletized seed, preplanters, seed tapes, etc., shall be in terms of count.

1 CRR-NY 221.9 Exemptions {#sec-1-crr-ny-221.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.9}

(a) General.

Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity declaration required to appear on the package shall be in terms of the largest whole unit (except see section 221.8(d)(3) of this Part. Except where additional exemptions are otherwise provided herein, all metric labeling requirements set forth in these regulations shall apply only to labels revised after the effective date of this Part.

(b) Random packages.

A random package bearing a label conspicuously declaring the net weight, the price per kilogram or pound and the total price shall be exempt from the type size, placement, and free area requirements of this regulation.

(1) In the case of a random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label includes both such prices at the time it is offered or exposed for sale at retail. This exemption shall also apply to uniform weight packages of cheese and cheese products labeled in the same manner and by the same type of equipment as random packages exempted by this section.

(2) In the case of a random package offered for indirect sale (that is, via e-commerce, online, phone, fax, catalogue, or similar methods), neither the price per unit of weight nor the total selling price need appear on the package if:

(i) the unit price is set forth and established in the initial product offering;

(ii) the maximum possible net weight, unit price, and maximum possible price are provided to the customer by order confirmation when the product is ordered; and

(iii) when the product is delivered, the customer receives a receipt bearing the identity, net weight, unit price and total price.

(c) Small confections.

Individually wrapped pieces of “penny candy” and other confectionery of less than 15 grams or one half ounce net weight per individual piece shall be exempt from the labeling requirements of this regulation when the container in which such confectionery is shipped is in conformance with the labeling requirements of this regulation. Similarly, when such confectionery items are sold in bags or boxes, such items shall be exempt from the labeling requirements of this regulation, including the required declaration of net quantity of contents, when the declaration of the bag or box meets the requirements of this regulation.

(d) Individual servings.

Individual-serving-size packages of foods containing less than 15 grams or one half ounce or less than 15 milliliters or one half fluid ounce for use in restaurants, institutions, and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents specified in this regulation.

(e) Cuts, plugs, and twists of tobacco and cigars.

When individual cuts, plugs, and twists of tobacco and individual cigars are shipped or delivered in containers that conform to the labeling requirements of this regulation, such individual cuts, plugs, and twists of tobacco and cigars shall be exempt from such labeling requirements.

(f) Reusable (returnable) glass containers.

Nothing in this regulation shall be deemed to preclude the continued use of reusable (returnable) glass containers; provided, that such glass containers ordered after the effective date of this regulation shall conform to all requirements of this regulation.

(g) Cigarettes and small cigars.

Cartons of cigarettes and small cigars, containing 10 individual packages of 20, labeled in accordance with the requirements of this Part shall be exempt from the requirements set forth in section 221.6(b) (location); section 221.6(h) (minimum height of numbers and letters); and section 221.8(d) (multi-unit packages) of this Part; provided that such cartons bear a declaration of the net quantity of commodity in the package.

(h) Packaged commodities with labeling requirements specified in Federal law.

Packages of meat and meat products, poultry and poultry products, tobacco and tobacco products, cosmetics, medical devices, over-the-counter drugs, pesticides and alcoholic beverages shall be exempt from those portions of these regulations specifying location and minimum type size of the net quantity declaration; provided, that quantity labeling requirements for such products are specified in Federal law, so as to follow reasonably sound principles of providing consumer information.

(i) Fluid dairy products, ice cream, and similar frozen desserts:

(1) when packaged in one-half liquid-pint and one-half gallon containers, are exempt from the requirements for stating net contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as one-half pint and one-half gallon, respectively;

(2) when measured by and packaged in one-half liquid-pint, one liquid-pint, one liquid-quart, one-half gallon and one gallon measure containers, as defined in Measure Container Code National Bureau of Standards Handbook 44, are exempt from the requirement of section 221.6(b) of this Part that the declaration of net contents be located within the bottom 30 percent of the principal display panel;

(3) milk and milk products when measured by and packaged in glass or plastic containers of one-half liquid-pint, one liquid-pint, one liquid-quart, one-half gallon, and one gallon capacities are exempt from the placement requirement of section 221.6(b) of this Part that the declaration of net contents be located within the bottom 30 percent of the principal display panel; provided that other required label information is conspicuously displayed on the cap or outside closure, and the required net quantity of contents declaration is conspicuously blown, formed, or molded on, or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

(j) Single strength and less than single strength fruit juice beverages, imitations thereof, and drinking water:

(1) when packaged in glass, plastic, or fluid milk type paper containers of 8 and 64 fluid ounce capacity, are exempt from the requirements of section 221.5(j)(2) of this Part, to the extent that net contents of 8 fluid ounces and 64 fluid ounces (or two quarts) may be expressed as one-half pint (or half pint) and one-half gallon (or half gallon), respectively;

(2) when packaged in glass or plastic containers of one-half pint, one pint, one quart, one-half gallon, and one gallon capacities, are exempt from the placement requirement of section 221.6(b) of this Part that the declaration of net contents be located within the bottom 30 percent of the principal display panel; provided that other required label information is conspicuously displayed on the cap or outside closure and the required net quantity of contents declaration is conspicuously blown, formed, or molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

(k) Soft-drink bottles.

Bottles of soft drinks shall be exempt from the placement requirements for the declaration of:

(1) dentity, when such declaration appears on the bottle closure; and

(2) quantity, when such declaration is blown, formed, or molded on or above the shoulder of the container and when all other information required by this regulation appears only on the bottle closure.

(l) Multi-unit soft-drink packages.

Multi-unit packages of soft drinks are exempt from the requirement for a declaration of:

(1) responsibility, when such declaration appears on the individual units and is not obscured by the multi-unit packaging, or when the outside container bears a statement to the effect that such declaration will be found on the individual units inside; and

(2) identity, when such declaration appears on the individual units and is not obscured by the multi-unit packaging.

(m) Butter.

When packaged in four-ounce, eight-ounce, and one-pound units with continuous label copy wrapping, butter is exempt from the requirements that the statement of identity (section 221.3[a] of this Part) and the net quantity declaration (section 221.6[f] of this Part) be generally parallel to the base of the package. When packaged in eight-ounce and one-pound units, butter is exempt from the requirement for location (section 221.6[b] of this Part) of the net quantity declaration.

(n) Eggs.

Cartons containing 12 eggs shall be exempt from the requirement for location (section 221.6[b] of this Part) of net quantity declaration. When such cartons are designed to permit division in half, each half shall be exempt from the labeling requirements of this regulation if the undivided carton conforms to all such requirements.

(o) Flour.

Packages of wheat flour packaged in units of 2, 5, 10, 25, 50 and 100 pounds shall be exempt from the requirements in this regulation for location (section 221.6[b] of this Part) of the net quantity declaration.

(p) Small packages.

On a principal display panel of five square inches or less, the declaration of quantity need not appear in the bottom 30 percent of the principal display panel if that declaration satisfies the other requirements of this regulation.

(q) Decorative containers.

The principal display panel of a cosmetic marketed in a “boudoir-type” container including decorative cosmetic containers of the “cartridge”, “pill box”, “compact” or “pencil” variety, and those with a capacity of one-fourth ounce or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label information as required by this regulation.

(r) Combination packages.

Combination packages are exempt from the requirements in this regulation for:

(1) location (section 221.6[b] of this Part);

(2) free area (section 221.6[e] of this Part); and

(3) minimum height of numbers and letters (section 221.6[h] of this Part).

(s) Margarine.

Margarine in one pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than four sticks, shall be exempt from the requirement in this regulation for location (section 221.6[b] of this Part) of the net quantity declaration.

(t) Corn flour.

Corn flour packaged in conventional 5, 10, 25, 50 and 100 pound bags shall be exempt from the requirement in this regulation for location (section 221.6[b] of this Part) of the net quantity declaration.

(u) Prescription and insulin-containing drugs.

Prescription and insulin-containing drugs subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug and Cosmetic Act shall be exempt from the provisions of this Part.

(v) Camera film.

Camera film packaged and labeled for retail sale is exempt from the net quantity statement requirements of this regulation which specify how measurement of commodities should be expressed; provided that:

(1) the net quantity of contents on packages of movie film and bulk still film is expressed in terms of the number of lineal feet or meters of usable film contained therein;

(2) the net quantity of contents on packages of exposed movie film is expressed in terms of the running time of the exposed film for that portion of film which is of entertainment value; and

(3) the net quantity of contents on packages of still film is expressed in terms of the number of exposures the contents will provide. The length and width measurements of the individual exposures, expressed in millimeters or inches, are authorized as an optional statement.

(w) Paints and kindred products.

(1) Tint base paint may be labeled on the principal display panel, as required by this regulation, in terms of a quart or a gallon, including the addition of colorant selected by the purchaser, provided that the system employed ensures that the purchaser always obtains a quart or a gallon; and further provided that, in conjunction with the required quantity statement on the principal display panel, a statement indicating that the tint base paint is not to be sold without the addition of colorant is presented; and further provided that the contents of the container, before the addition of colorant, is stated in fluid ounces elsewhere on the label.

(2) Wherever the conditions of paragraph (1) of this subdivision cannot be met, containers of tint base paint must be labeled with a statement of the actual net contents prior to the addition of colorant in full accord with all the requirements of this regulation.

(x) Pillows, cushions, comforters, mattress pads, sleeping bags, and similar products.

Those products, including pillows, cushions, comforters, mattress pads, and sleeping bags, that bear a permanent label as designated by the Association of Bedding and Furniture Law Officials or by the Department of Consumer Affairs, Bureau of Household Goods and Services shall be exempt from the requirements for location (section 221.6[b] of this Part); size of letters and numbers (section 221.6[h] and [i] of this Part); free area (section 221.6[e] of this Part); and the declarations of identity and responsibility (section 221.3[a] and section 221.4 of this Part); provided that declarations of identity, quantity, and responsibility are presented on a permanently attached label and satisfy the other requirements of this regulation; and further provided that the information on such permanently attached label be fully observable to the purchaser.

(y) Commodities' variable weights and sizes.

Individual packaged commodities put up in variable weights and sizes for sale intact, and intended to be weighed and marked with the correct quantity statement prior to or at the point or retail sale, are exempt from the requirements of section 221.5 of this Part, while moving in commerce and while held for sale prior to weighing and marking; provided that the outside container bears a label declaration of the total net weight.

(z) Packaged commodities sold by count.

When a packaged consumer commodity is properly measured in terms of count only, or in terms of count and some other appropriate unit, and the individual units are fully visible to the purchaser, such packages shall be labeled in full accord with this regulation, except that those containing six or less items need not include a statement of count.

(aa) Metric units; consumer commodities.

The requirements for dual declaration in metric units (except for packaged seeds in section 221.8[j] of this Part and camera film in subdivision [v] of this section) shall not apply to:

(1) foods packaged at the retail store level;

(2) meat and poultry products subject to the Federal Meat Products Inspection Act or the Federal Poultry Products Inspection Act;

(3) tobacco or tobacco products;

(4) any beverage subject to the Federal Alcohol Administration Act;

(5) any product subject to the Federal Insecticide, Fungicide, and Rodenticide Act; and

(6) drugs and cosmetics subject to the Federal Food, Drug and Cosmetic Act.

(ab) Customary units; consumer commodities.

The requirements for dual declaration in customary units shall not apply to packages that bear appropriate metric units. This exemption does not apply to foods, drugs, cosmetics, or to packages subject to the Federal Fair Packaging and Labeling Act, meat and poultry products subject to the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act; and tobacco or tobacco products. For a list of commodities not within the scope of the Fair Packaging and Labeling Act, see section 2.6.8 in chapter VI, headed “NCWM Policy, Interpretations, and Guidelines” in the National Institute of Standards and Technology Handbook 130, 2020 Edition, as adopted by the 104th National Conference on Weights and Measures. This document is available from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, NE 68508, or the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the office of the Director of Weights and Measures, 10B Airline Drive, Albany, NY 12235 or in the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231.

1 CRR-NY 221.10 Packaging variations to be allowed {#sec-1-crr-ny-221.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.10}

(a) For food and food products (other than meats, meat food products and poultry), the declaration of net quantity of contents shall express an accurate statement of the quantity of contents of the package. Reasonable variations caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice will be recognized. Variations from stated quantity of contents shall not be unreasonably large.

(b) For meats, meat food products and poultry, the statement of net quantity of contents, as it is shown on a label, shall not be false or misleading and shall express an accurate statement of the quantity of contents of the container exclusive of wrappers and packaging substances. Reasonable variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practice will be recognized. Variations from stated quantity of contents shall not be unreasonably large.

1 CRR-NY 221.11 Test procedures, magnitude of permitted variations {#sec-1-crr-ny-221.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.11}

(a) The test procedures for testing packaged commodities shall be those contained in National Institute of Standards and Technology Handbook 133, 2020 Edition, Checking the Net Contents of Packaged Goods, as adopted by the 104th National Conference on Weights and Measures. The document is available from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, NE 68508, or the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the office of the Director of Weights and Measures, 10B Airline Drive, Albany, NY 12235 or in the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231.

(b) The magnitude of variations permitted under section 221.10 of this Part shall be those contained in the procedures and tables of National Institute of Standards and Technology Handbook 133, 2020 Edition, Checking the Net Contents of Packaged Goods, as adopted by the 104th National Conference on Weights and Measures.

1 CRR-NY 221.12 Method of sale of commodities; general {#sec-1-crr-ny-221.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.12}

Commodities in liquid form shall be sold only by liquid measure; however, commodities in liquid form must be sold by weight if the commodity is semisolid, viscous or a mixture of solid and liquid; commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count; commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold; and provided further, that the provisions of this section shall not apply:

(a) to commodities when sold for immediate consumption on the premises where sold (also see section 221.13[b][25] of this Part, headed ready-to-eat food);

(b) to vegetables when customarily sold by the head or bunch;

(c) to berries and small fruits when sold by dry measure in accordance with section 221.13(a) of this Part;

(d) to commodities in containers standardized by a law of this State or by Federal law;

(e) to commodities in package form when there exists a general consumer usage to express the quantity in some other manner;

(f) to concrete aggregates, concrete mixtures and loose solid materials such as earth, soil, gravel, crushed stone and the like, when sold by cubic measure;

(g) to unprocessed vegetable and animal fertilizer when sold by cubic measure; or

(h) to frozen desserts, in accordance with section 221.13(b)(23) of this Part;

(i) to bulk milk which must be sold by weight or weight based upon 8.6 pounds per gallon (1.03 kg/L).

1 CRR-NY 221.13 Method of sale of specific commodities {#sec-1-crr-ny-221.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.13}

(a) Berries and small fruits.

Berries and small fruits shall be offered or exposed for sale and sold by net weight or by dry measure in containers only in units of:

(1) ½ dry pt., 1 dry pt., 1 dry qt. and 2 dry qt.; or

(2) 275 ml., 550 ml., 1.1 liter and 2.2 liter.

(b) Nonstandardized commodities.

The following commodities have not been standardized and may be offered or exposed for sale and sold in any size and in either the metric or customary systems of weights and measures, provided the appropriate method of sale is used.

(1) Bread. Bread shall be sold or offered or exposed for sale by net weight.

(i) Bread sold or offered or exposed for sale directly from the manufacturer to the consumer upon or in the premises of the manufacturer may be sold unwrapped, provided that a sign be conspicuously posted in plain view of the buyer stating the kind of bread and the net weight of the bread. The sign shall be in English. If the language or languages of the neighborhood are other than English, then the sign shall be in such other language(s), as well as English. The sign shall be printed in boldface type (or equivalent) of not less than ⅝ inch in height, with lettering in black upon a white background. In lieu of such sign, a label may be affixed in a sanitary manner to the bottom of the loaf, stating the kind of bread and the net weight of the loaf.

(ii) This regulation shall not apply to rolls; to stale bread when sold as such; and to bread sold by the piece cut from the loaf, provided such bread is weighed in the presence of the buyer.

(2) Meat, poultry and fish. All meat, meat products, poultry (whole or parts), all fish and seafood, except shellfish, shall be offered or exposed for sale or sold by net weight.

(i) When meat, poultry, fish or seafood is combined or associated with some other food element or elements to form either a distinctive food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by net weight and the quantity representation may be the total weight of the product or combination, and a quantity representation need not be made for each of the elements in the product or combination.

(ii) Whenever meat or meat products, customarily sold separately, are combined and offered or exposed for sale or sold in one package, a separate statement of identity and net weight shall be required for each meat or meat product in the package. The total net weight and the total price must also be stated on the package.

(iii) In the case of ready-to-cook stuffed meat, poultry and fish products, the label must show the total net weight of the meat, poultry and fish product and the minimum net weight of the meat, poultry or fish in the product.

(iv) Uncooked marinated meats, such as “spiedies”, shall be sold by drained weight and whatever marination is absorbed into the meat or adheres to the meat shall be considered as part of the product.

(v) This section shall not apply to ready-to-eat food consisting of:

(a) items sold for consumption on the premises;

(b) items sold as one of three or more different elements, excluding condiments, comprising a ready-to-eat meal sold as a unit, for consumption elsewhere than on the premises where sold;

(c) ready-to-eat seafood, whole poultry, poultry parts or parts of meat less than a primal source (as defined by paragraph [d] of subdivision 1 of section 190-a of the Agriculture and Markets Law), such as spare ribs and not including whole or sliced subprimals such as ham or roasted beef, cooked on the premises where offered or exposed for sale, but not packaged in advance of sale; and

(d) sandwiches, when offered or exposed for sale on the premises where packed or produced.

(3) Sale of meat by carcass, side or primal source. Anyone who sells meat by the carcass, side or primal source and cuts up that meat at the purchaser's request prior to delivery shall provide an accurate written statement at the time of delivery giving the following information:

(i) the name and address of the seller (firm) and the date of the sale;

(ii) the unit price before cutting and wrapping and the total price of the sale;

(iii) identification of meat (whether from forequarter or hindquarter, etc.);

(iv) the total net weight (hanging weight) of the carcass, side, quarter or primal source prior to cutting or processing);

(v) the total net weight of the cut-up and processed meat delivered to the purchaser;

(vi) a list by name, as defined in section 260.1(w)(1) of this Title, of all cuts delivered and the quality grade and yield grade, if so graded by USDA;

(vii) meat cuts that are less than primal cannot be sold on a hanging weight basis;

(viii) an itemized list of any and all changes over and above the original sale price of the carcass, side, quarter or primal source;

(ix) all trim loss (fat, bones, kidney, etc.) must be offered to the purchaser; and

(x) this written statement shall also list the weight of any meat or other commodities received by the purchaser as a bonus offer or gift in connection with the purchase of the carcass, side, quarter or primal source.

(4) Pickles. The declaration of net quantity of contents on pickles and pickle products, including relishes, but excluding one or two whole pickles in a transparent wrapping (which may be declared by count), shall be expressed in terms of fluid measure. Sales of pickles from bulk may be by count.

(5) Sewing threads, handicraft threads, and yarns. Sewing threads, handicraft threads, and yarns shall be offered or exposed for sale or sold in the following manner:

(i) Sewing and handicraft threads shall be offered or exposed or sold at retail by length in terms of meters or yards.

(ii) Each unit of industrial thread shall be marked to show its net measure in terms of meters or yards or its net weight in terms of kilograms or grams or pounds or ounces.

(iii) Ready-wound bobbins which are not sold separately shall not be required to be individually marked, but the package containing such bobbins shall be marked to show the number of bobbins and the net meters or yards of thread on each bobbin.

(iv) Sewing and handicraft threads shall be exempt from the requirements of section 221.5(n)(2)(i) of this Part.

(v) Yarn shall be offered for sale or sold by net weight.

(vi) The net contents of any such units of thread shall be determined by ascertaining the average net weight or yardage of not less than 10 units of thread of the same type and put-up, selected at random from such units kept for the purpose of sale, sold, exposed or offered for sale, and that average shall not be less, by more than three percent, than the weight or yardage marked on such units or the package containing such units.

(6) Roofing and roofing materials.

(i) (a) Roofing and roofing materials shall be sold either by the “square” or by the “square foot”. The term square shall mean the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover an area of 100 square feet exclusive of side laps or side joints; provided that in the case of roofing or roofing material of corrugated design, the side lap or side joint shall be one full corrugation.

(b) The term square foot shall mean the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover one square foot (144 square inches) exclusive of side laps or side joints.

(ii) This paragraph is in addition to other regulations pertaining to commodities and shall not be construed as superseding any regulation.

(7) Sale of beer, ale, porter and other malt beverages. No person, firm or corporation shall sell, offer or expose for sale beer, ale, porter or other malt beverages in any manner other than by liquid measure. When so sold, offered or exposed for sale, it shall be in containers of the following standard contents: barrel, half barrel, one quarter barrel and one eighth barrel, and such a container need not be marked or labeled to indicate its net contents. A barrel, when used for sale, offer or exposure for sale of beer, sale, porter and other malt beverages, shall mean 117.3 liter (131 gallons); multiples or submultiples of a barrel shall have proportionate contents. Beer, ale, porter and other malt beverages may be sold in containers with contents of less than one eighth barrel, provided the container is so marked or labeled, clearly and conspicuously, indicating its net contents.

(8) Sale of farm animals by live weight. All farm animals sold or offered for sale by live weight shall be accurately weighed to the nearest minimum graduation of the scale used. The provisions of this section shall not apply to animals sold or offered for sale on any basis other than weight.

(9) Method of sale of lawn dressings and fertilizers. Any person, firm or corporation soliciting, peddling and/or selling from bulk any commodity represented as a lawn dressing, fertilizer or material to be used as such, must offer for sale and/or sell such material by net weight or by cubic measure. A bill of sale shall be delivered to the purchaser or his agent at the time of delivery of such material. Such bill of sale shall include the name and address of the seller and of the purchaser, and a statement of the quantity of fertilizer, lawn dressing or material delivered, in terms of net weight or cubic measure, and the signature of the person making the delivery.

(10) Method of sale by bale or lot. Baled hay or straw shall be sold by net weight unless the hay or straw offered for sale was observed by the buyer or his/her agent prior to the sale, where it may be sold by count.

(11) Method of sale, animal bedding. Packaged animal bedding of all kinds shall be advertised, labeled, offered for sale and sold by volume in either a compressed or an uncompressed package. A package of compressed animal bedding shall be advertised, labeled, offered, and exposed for sale and sold by useable volume. As used in this section useable volume shall mean the volume of product that can be recovered from a package by the consumer after it is unwrapped and, if necessary, uncompressed. The display of a net or gross weight, pre-compression volume, compressed volume, or supplementary dry measure quantities anywhere on the package is prohibited. Packaged animal bedding consisting of granular corncobs and other dry (8 percent or less moisture), pelleted, and/or non- compressible bedding materials that are sold to non-retail, laboratory animal research industries may be sold by weight.

(12) Standard log rule. The international log rule, based upon one-fourth inch saw kerf, as expressed in the formula (D2 × 0.22) − 0.71D × 0.904762 for four-foot section (D represents top diameter of log in inches; taper allowance, one-half inch per four feet lineal), is hereby adopted as the standard log rule for determining the board foot content of saw logs, and all contracts hereafter entered into for the purchase and sale of saw logs shall be deemed to be made on the basis of such standard rule, unless some other method of measurement is specifically agreed upon.

(13) Wood for fuel.

(i) All wood for fuel shall be offered for sale or sold at retail in the manner provided in this paragraph, except:

(a) any sale of unpackaged wood for fuel if the wood was observed by the buyer or his agent before sale; and

(b) any sale of standing trees offered as stumpage for fuel purposes.

(ii) Definitions.

(a) Wood for fuel means any kindling, logs, boards, timbers or other wood, split or not split, and similar products advertised, offered for sale or sold in a form or size appropriate for use as fuel.

(b) Cord means the amount of wood which is contained in a space of 128 cubic feet, when the wood is ranked and well stowed. The dimensions for a standard cord of wood are four feet in height, eight feet in width and four feet in depth and shall be stated whenever the term is used.

(c) Face cord means the front or face of a standard cord, i.e., four feet in height and eight feet in width, and the depth being defined by the length of the cut wood expressed in inches. The dimensions shall be stated whenever the term face cord is used in any representation.

(d) Ranked and well stowed means the placing of pieces of wood in a row, with individual pieces touching and parallel to each other, and stacked in a compact manner.

(e) Representation means any advertisements, offering, invoice or the like that pertains to the sale of wood for fuel.

(iii) Identity.

(a) No representation of wood for fuel shall identify as “hardwood” the wood from any species of conifer, aspen, poplar, basswood, butternut, willow, grey birch and paper birch.

(b) If wood is represented as seasoned, the length of time and the manner of seasoning must be specified.

(iv) Quantity.

(a) Whenever wood for fuel is advertised, offered for sale, or sold at retail, the three dimensions of the wood, when ranked and well stowed, shall be stated and shall be expressed in feet and inches. The dimensions may be accompanied by any descriptive word, such as cord, face cord, truckload, rack, etc. For example:

(1) 4 ft. × 8 ft. × 24 in. (½ cord);

(2) 4 ft. × 8 ft. × 16 in. (face cord);

(3) 4 ft. × 8 ft. × 18 in. (rack);

(4) 9 ft. × 9 ft. × 3 ft. (truckload);

(5) ⅓ cord (4 ft. × 8 ft. × 16 in.); and

(6) face cord (4 ft. × 8 ft. × 18 in).

(b) Wood may be sold by weight if the quantity exceeds two cords.

(c) Processed wood, such as wood chips, hogged bark, slabs and edgings, pelletized wood and shavings, shall be sold by weight or volume.

(d) Whole logs may be sold by weight, by log scale according to any recognized log rule which is specified, by length and diameter of the logs, or by the volume of the truck bed, plus count.

(e) Packaged wood for fuel containing less than four cubic feet shall be sold by volume.

(f) A single artificial compressed fireplace log shall be sold by weight, and packages of such individual logs containing less than four cubic feet (1/32 of a cord) may be sold by net weight, plus count.

(v) Delivery ticket, sales invoice or receipt. A delivery ticket, sales invoice or receipt shall be presented by the seller to the buyer whenever any unpackaged wood for fuel is sold. The delivery ticket, sales invoice or receipt shall contain the following information:

(a) the name and address of the seller;

(b) the date of the sale;

(c) the quantity or dimensions of the wood sold; and

(d) the price of the quantity sold.

(14) Peat and peat moss.

(i) Applies only with respect to organic matter of geological origin, excluding coal and lignite, originating principally from dead vegetative remains through the agency of water in the absence of air and occurring in a bog, swampland or marsh, and containing an ash content not exceeding 25 percent on a dry-weight basis (dried in an oven at 105 degrees C [221 degrees] until no further weight loss can be determined).

(ii) The declaration of quantity of peat and peat moss shall be expressed in weight units or in cubic measure units.

(iii) Compressed cubic measurement. If the commodity is labeled in terms of compressed cubic measurement, the quantity declaration shall represent the quantity in the compressed state and the quantity from which the final product was compressed (the latter declaration not exceeding the actual amount of material that can be recovered).

(15) Softwood lumber. The following applies to the sale of softwood boards, timbers and dimension lumber that have been dressed on four sides, but shall not apply to rough lumber, to lumber that has been matched, patterned or shiplapped, or to lumber remanufactured or joined so as to have changed the form or identity, such as individual assembled or packaged millwork items.

(i) Definitions.

(a) Dressed (surfaced) lumber—lumber that has been dressed (or surfaced) for the purpose of attaining smoothness of surface and uniformity of size.

(b) Boards—lumber 1¼ inches or less in actual thickness and 1½ or more inches in actual width. Boards less than 5½ inches in actual width may be classified as strips.

(c) Timbers—lumber 4½ or more inches in least actual dimension. Timber may be classified as beams, stringers, posts, caps, sills, girders, purlins, etc.

(d) Dimension lumber—lumber from 1½ inches to, but not exceeding, 4½ inches in actual thickness and 1½ or more inches in actual width. Dimension lumber may be classified as framing, joists, planks, rafters, studs, small timbers, etc.

(e) Rough lumber—lumber that has not been dressed but which has been sawed, edged and trimmed at least to the extent of showing saw marks in the wood on the four longitudinal surfaces of each piece for its overall length.

(f) Matched lumber—lumber that has been worked with a tongue on one edge of each piece and a groove on the opposite edge to provide a close tongue-and-groove joint by fitting two pieces together; and when end-matched, the tongue and groove are worked in the ends also.

(g) Patterned lumber—lumber that is shaped to a pattern or to a molded form, in addition to being dressed, matched or shiplapped, or any combination of these workings.

(h) Shiplapped lumber—lumber that has been worked or rabbeted on both edges of each piece to provide a close-lapped joint by fitting two pieces together.

(i) Grade—the commercial designation assigned to lumber meeting specifications established by a nationally recognized grade rule writing organization.

(j) Species—the commercial name assigned to a species of trees.

(k) Species group—the commercial name assigned to two or more individual species having similar characteristics.

(l) Representation—a representation shall be construed to mean any advertisement, offering, invoice, or the like that pertains to the sale of lumber.

(m) Minimum dressed sizes (width and thickness)—the standardized width and thickness at which lumber is dressed when manufactured in accordance with the U.S. Department of Commerce Voluntary Product Standard 20-70, “American Softwood Lumber Standard”, and regional grading rules conforming to VPS 20-70 (see Table 1 of this section).

(ii) Identity—representations shall include a declaration of identity that specifies the grade or grades, species or species group, and whether the lumber is unseasoned (green) or dry.

(iii) Quantity—representations shall be in terms of the number of pieces, the minimum dressed width and thickness, the length of individual pieces or the lineal footage, except that:

(a) the use of nominal dimensions shall be allowed when used in conjunction with the required minimum dressed sizes and actual length;

(b) with respect to all invoices, a table of minimum dressed sizes may appear on the reverse side of the invoice, so long as appropriate reference to the table is prominently and conspicuously shown on the face of the invoice.

TABLE I

SOFTWOOD LUMBER SIZES

| Product classification (nominal size) Inches | (See Note 2) | | | --- | --- | --- | | | Minimum dressed sizes | | | | Unseasoned Inches | Dry Inches | | Dimension Lumber | | | | 2 × 4 | 19/16 × 39/16 | 1½ × 3½ | | 2 × 6 | 19/16 × 5⅝ | 1½ × 5½ | | 2 × 8 | 19/16 × 7½ | 1½ × 7¼ | | 2 × 10 | 19/16 × 9½ | 1½ × 9¼ | | 2 × 12 | 19/16 × 11½ | 1½ × 11¼ | | (See Note 1) | | | | Board lumber | | | | 1 × 4 | 25/32 × 39/16 | ¾ × 3½ | | 1 × 6 | 25/32 × 5⅝ | ¾ × 5½ | | 1 × 8 | 25/32 × 7½ | ¾ × 7¼ | | 1 × 10 | 25/32 × 9½ | ¾ × 9¼ | | 1 × 12 | 25/32 × 11½ | ¾ × 11¼ |

Note 1:

The dry thickness of nominal 3″ and 4″ lumber are 2½″ and 3½″; unseasoned thicknesses are 39/16″ and 39/16″. Widths for these thicknesses are the same as shown above.

Note 2:

Product standard 20-70 defines dry lumber as being 19 percent or less in moisture content and unseasoned lumber as being over 19 percent moisture content. The size of lumber changes approximately one percent for each four percent change in moisture content. Lumber stabilizes at approximately 15 percent moisture content under normal use conditions.

(16) Hardwood lumber. Sales of hardwood lumber measured after kiln drying shall be quoted, invoiced and delivered on the basis of net board footage, with no addition of footage for kiln drying shrinkage. Sales of hardwood lumber measured prior to kiln drying shall be quoted, invoiced and delivered on the basis of net board footage before kiln drying. If the lumber is to be kiln dried at the request of the purchaser, the kiln drying charge shall be clearly shown and identified on the quotation and invoice.

(17) Polyethylene products.

(i) Consumer products sold at retail shall be labeled with the following elements:

(a) Sheeting:

(1) length and width;

(2) area in square feet;

(3) thickness.

(b) Food wrap and film:

(1) length and width;

(2) area in square feet.

(c) Lawn and trash bags:

(1) count;

(2) dimensions;

(3) thickness.

(d) Food and sandwich bags:

(1) count;

(2) dimensions.

(ii) All products not intended for the retail consumer shall be labeled with the following elements:

(a) Sheeting.

(1) length;

(2) width;

(3) thickness;

(4) weight.

(b) Bags.

(1) count;

(2) dimensions;

(3) thickness;

(4) weight.

(iii) A declaration of thickness for all polyethylene products shall not be less than the average thickness based on sampling procedures and test methods recognized by the National Bureau of Standards. A declaration of area shall comply with “largest whole unit” requirements. A declaration of dimensions for all polyethylene bags shall be width × length or width × depth × length.

(18) Delicatessen products.

(i) Delicatessen products customarily sold directly to the consumer in fractions or multiples of a pound may be sold in that manner.

(ii) Except insofar as provided in subparagraph (iii) of this paragraph, each delicatessen product shall be clearly and legibly marked with a sign or label attached to or adjacent to the product in a retail display containing selling price and customary fraction or multiple unit of measure. The required information shall be presented in a boldface type font in a contrasting color to the background with numbers and letters at least 3/16 inch in height and 3/32 inch in width.

(iii) In lieu of a sign or label attached to or adjacent to the product in a retail display, a sign may be posted in clear view of the customer indicating the identity of the item, selling price, and customary fraction or multiple units of measure. The required information shall be presented in a boldface type font in a contrasting color to the background with the font size of the selling price and units of measure the same size or greater than the font size of the identity of the item.

Paragraph (19) of subdivision (b) of section 221.13 of 1 NYCRR is amended to read as follows:

(19) Bulk sales. A commodity may be offered for retail sale in bulk, including the sale of any item or a lot of any such item unwrapped, provided that a sign be conspicuously posted in plain view of the buyer, disclosing the identity of the commodity and its price per pound or its unit price, as prescribed by this Part. If the sign is attached to or is adjacent to the commodity, the required information shall be presented in a boldface type font in a contrasting color to the background with numbers and letters at least 3/16 inch in height and 3/32 inch in width. If the sign is not attached to or adjacent to the commodity, the sign shall be posted in clear view of the customer and shall set forth the required information in a boldface type font in a contrasting color to the background with the font size of the price per pound or its unit price the same size or greater than the font size of the commodity identity. Bulk sale commodities may not be offered for sale in fractions of a unit unless a specific exemption from this paragraph is contained within this Part.

(20) Butter. Butter, oleomargarine and margarine shall be offered or exposed for sale and sold by net weight.

(21) Sour cream and yogurt. Sour cream and yogurt shall be offered or exposed for sale and sold by net weight.

(22) Milk, milk products, melloream and vegetable oil blend. Packaged milk, milk products, as defined in Part 17 of this Title, that are offered for sale to the consumer in liquid form, shall be sold by liquid measure. Packaged melloream and vegetable oil, that are offered for sale to the consumer in liquid form, shall be sold by liquid measure. Packaged milk, when offered for sale to the consumer in a unit of the customary system of weights and measures, shall weigh at least 8.6 lbs. per gallon and a proportionate minimum weight for a larger or smaller unit, and, when offered for sale to the consumer in a metric unit, shall weigh at least 1,030 grams per liter and a proportionate minimum weight for a larger or smaller unit.

(23) Frozen desserts. Notwithstanding the provisions of section 221.12 of this Part, frozen desserts, as defined in or pursuant to Agriculture and Markets Law, section 71-a, that have been packed in a plant, as defined in Agriculture and Markets Law, section 71-a, shall be sold by liquid measure. Ice cream and ice milk that have been packed in a plant, when offered for sale to the consumer in a unit of the customary system of weights and measures, shall weigh at least 4.5 lb. per gallon and a proportionate minimum weight for a larger or smaller unit, and, when offered for sale to the consumer in a metric unit, shall weight at least 540 g per liter and a proportionate minimum weight for a larger or smaller unit.

(24) Flours and meals. All flours and meals shall be sold by net weight.

(25) Ready-to-eat food. Ready-to-eat food sold from retail cases displaying product from bulk or in servings packed or prepared on the premises may be sold by weight, measure or count. As used in this section ready-to-eat food is restaurant style food offered or exposed for sale, whether in restaurants, supermarkets, or similar food service establishments that is ready for immediate consumption, though not necessarily on the premises where sold, and which does not require any cooking or heating. Ready-to-eat food does not include sliced luncheon products, such as meat, poultry, or cheese when sold separately.

(26) Motor oils. The label on any vehicle engine motor oil packaged in a container shall contain the society of automotive engineers viscosity grade classification preceded by the letters “SAE”.

1 CRR-NY 221.14 Net contents of containers to be indicated on the outside thereof {#sec-1-crr-ny-221.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.14}

When commodities are sold or offered for sale in containers whose sizes are not otherwise provided by statute, the net quantity of the contents of each container shall be plainly and conspicuously marked, branded or otherwise indicated on the outside or top thereof or on a label or a tag attached thereto in terms of weight, measure or numerical count as may be prescribed by the commissioner; provided, however, that reasonable variations shall be permitted.

1 CRR-NY 221.15 Sales slips {#sec-1-crr-ny-221.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.15}

When a commodity not in a container is of such composition or form that it is impossible or impracticable to place a marking on or attach a tag or label to such commodity, a sales slip containing all the information required to be furnished by this Part shall be delivered to the purchaser at the time of the sale and in such case no other marking will be required. Such a sales slip shall be entirely clear and equal to printing in legibility.

1 CRR-NY 221.16 Coin-operated devices {#sec-1-crr-ny-221.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.16}

Coin-operated devices which dispense time, commodities or services must have a sign conspicuously posted stating name, address and telephone number of the owner or operator of such devices. The telephone number or numbers must be such that the owner, operator or his representative can be contacted at any reasonable business hour. This section shall not apply to devices owned and operated by any branch of government.

1 CRR-NY 221.17 [Repealed] {#sec-1-crr-ny-221.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.17}

1 CRR-NY 221.18 to 221.35 to 221.35 [Repealed] {#sec-1-crr-ny-221.18-to-221.35 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.18 to 221.35}

1 CRR-NY 221.40 [Repealed] {#sec-1-crr-ny-221.40 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.40}

1 CRR-NY 221.45 to 221.225 to 221.225 [Repealed] {#sec-1-crr-ny-221.45-to-221.225 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 221.45 to 221.225}

Part 222 MUNICIPAL STANDARDS, EQUIPMENT AND SUPPLIES

1 CRR-NY 222.1 Municipal standards {#sec-1-crr-ny-222.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 222.1}

(a) Each municipality shall provide the municipal director with the following necessary standard weighing and measuring devices:

(1) Weights (class F or better).

(i) Twenty 50-lb weights or 25-kg weights;

(ii) One 25-lb weight or 10-kg weight;

(iii) One customary weight kit with capacity of at least 20 lb (except in New York City where the capacity may be at least 8 lb); and

(iv) One metric weight kit with capacity of at least 10 kg (except in New York City where the capacity may be at least 5 kg).

(2) Volumetric measures.

(i) One large test measure with a minimum capacity of 379 L (100 gal) for inspection of petroleum dispensing meters;

(ii) One graduated neck type 5-gallon test measure for inspection of petroleum dispensing pumps;

(iii) One graduated neck type 5-gallon test measure for inspection of bulk milk holding tanks (if applicable); or

(iv) One slicker type 5-gallon or 10-gallon test measure for inspection of bulk milk holding tanks (if applicable);

(v) One set of customary glass or metal test measures with capacity from 2 fl oz to 1 gallon or 50 mL to 4 L.

(3) Linear measures.

(i) One steel tape at least 6 feet in length;

(ii) One steel tape at least 2 meters in length; or

(iii) One steel tape with dual metric and customary graduations of comparable length;

(iv) One yard standard—rigid type (optional);

(v) One meter standard—rigid type (optional).

(4) Balances.

(i) One portable scale, approved for use in check-weighing commodities.

(5) Time measure.

(i) One mechanical or electronic stopwatch.

(b) Such standards must be submitted by the municipal director to the commissioner at the laboratory of the Bureau of Weights and Measures at 6 Harriman Campus Road, Albany, NY 12206, or such other location as approved by the commissioner, prior to use and at least once every five years thereafter for calibration and certification except for a municipality that has entered into an intermunicipal agreement to provide the devices referred to in this section and that is not responsible for so providing pursuant to such agreement.

1 CRR-NY 222.2 Equipment and supplies {#sec-1-crr-ny-222.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 222.2}

Each municipality shall provide the municipal director with the following equipment and supplies:

(a) Official seals.

The official seal shall be yellow in color, printed with dark blue lettering or shall be dark blue in color, printed with yellow lettering, of a vinyl material, and in a form and design approved by the commissioner. Other colors may be used as approved by the commissioner.

(b) Official condemning tags and labels.

The official condemning tag and labels shall be red in color, printed with black lettering, of a material and in a form and design approved by the commissioner.

(c) Prescribed forms.

The following prescribed forms shall be of a design and substantive content approved by the commissioner and shall be used when current supplies of forms are depleted:

(1) device inspection;

(2) fees for inspection of devices (if applicable);

(3) commodity inspection;

(4) stop-use, stop-removal and removal orders;

(5) violations;

(6) civil actions and civil penalties recovered;

(7) complaints received and results of investigation; and

(8) retail pricing accuracy inspections.

(d) Plastic or metal seals and wire with the initials of the municipality and current years.

(e) Identification card.

(f) Badge.

1 CRR-NY 222.3 [Repealed] {#sec-1-crr-ny-222.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 222.3}

1 CRR-NY 222.4 [Repealed] {#sec-1-crr-ny-222.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 222.4}

Part 223 VOLUMETRIC MEASUREMENT OF CHERRIES

1 CRR-NY 223.1 Quantity determinations {#sec-1-crr-ny-223.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 223.1}

When persons, firms, or corporations voluntarily sell or purchase cherries by volume suspended in water, the quantity determination shall be made as follows:

(a) Cherries shall be held in a tank containing sufficient water to at least entirely cover the cherries at the time of measurement. The determination shall be made only after the cherries have been transported a distance of at least one-half mile in the tank and any ice used to cool the cherries has been removed.

(b) The determination shall be made at the time custody of the cherries is transferred from the grower to the buyer or an agent of the buyer.

(c) The determination shall be made using a standardized cherry measurement tank and a calibrated gauge rod, both of which shall meet the requirements of this Part.

(d) The determination shall be made only when the cherry measurement tank is in a level condition.

(e) The determination shall be made and recorded in terms of cubic feet and decimal fractions of a cubic foot, with no conversion to weight allowed.

1 CRR-NY 223.2 Cherry measurement tanks {#sec-1-crr-ny-223.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 223.2}

Tanks used in the volumetric measurement of cherries shall be as follows:

(a) A cherry measurement tank shall be designed to be in a normal operating position when it is in level.

(b) A tank shall be of the center reading type, that is, it shall be so designed that a gauge rod, when properly positioned for use, will be approximately in the vertical axis of the tank centrally positioned with respect to the tank walls.

(c) A tank shall be rectangular or square in design but its length shall not exceed its width by more than one third.

(d) The cross sectional area of a tank shall be constant at any level and the tank shall be so constructed that under any condition of lading it will not be distorted sufficiently to cause a change in the capacity at any level equal to more than 16 cubic inches. This requirement prescribes a limit on permissible distortion only, and is not to be construed as an additional tolerance to subdivision (h) hereof.

(e) A tank shall be of such material, design and construction that under normal handling it will maintain its rectangular or square design and required accuracy for a reasonable length of time.

(f) A tank shall be conspicuously and permanently marked to indicate the cubic capacity of the tank per inch depth throughout its measurement range.

(g) A tank manufactured and offered for sale after the effective date of this section shall be marked with a model number, serial number and the name and address of the manufacturer.

(h) The maintenance and acceptance tolerance on a tank with a capacity of 30 cubic feet or less shall be 150 cubic inches in excess or deficiency, that is, the cubical content at any point in the tank within the measurement range shall not differ more than 150 cubic inches from a calculated volume determined by multiplying the depth of the tank from that point by the indicated cubical capacity of the tank per inch depth, except as provided for in subdivision (i) hereof.

(i) The maintenance tolerance for a tank now in use for the determination of volume measurement shall be one percent excess or deficiency within the measurement.

1 CRR-NY 223.3 Cherry gauge rods {#sec-1-crr-ny-223.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 223.3}

Gauge rods used to measure cherries shall be as follows:

(a) The indicating means shall consist of a calibrated gauge rod and level indicating plate.

(b) The rod shall be of rigid design, made of stainless steel smoothly finished with the probe end tapered to one half inch, and when properly seated in position, shall touch the bottom of the holding tank being measured. The rod shall be graduated throughout an interval corresponding to the range within which readings of the cherry level are to be made.

(c) On a rod the spacing of the graduation center to center shall be not more than.0625 (1/16) inch and not less than.03125 (1/32) inch. The graduation shall be not less than.005 inch in width and the clear interval between adjacent edges of successive graduations shall be not less than.015625 (1/64) inch. The graduations shall be designated in inches, 0.5 inches, 0.1 inches, and 0.02 inches.

(d) The level indicating plate assembly shall consist of a rigid plate and a slider tube designed to move up and down the calibrated gauge rod. The rigid plate shall be a perforated round disk of stainless steel, 10 inches in diameter, with the perforations not exceeding three eights of an inch in diameter. The plate shall be permanently attached to the slider tube. The slider assembly shall move freely on the gauge rod without slope and shall weigh four pounds, plus or minus one tenth of one percent.

1 CRR-NY 223.4 Price of cherries measured volumetrically {#sec-1-crr-ny-223.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 223.4}

The price of cherries in water shall be established on a cubic foot basis with no conversion to weight allowed.

1 CRR-NY 223.5 Delivery ticket {#sec-1-crr-ny-223.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 223.5}

A delivery ticket in duplicate shall be issued by the receiver for each lot of cherries received. The original shall be retained by the receiver and a copy given to the grower. A delivery ticket shall bear the following information:

(a) Name and address of receiver.

(b) Name and address of grower.

(c) Date of receipt.

(d) Cubical content of the tank per one inch depth.

(e) Depth of the cherries contained in the tank to the nearest.02 of an inch.

(f) Total cubic feet of cherries and decimal fraction thereof contained in the tank.

(g) Signature of the person making the quantity determination.

1 CRR-NY 223.6 Procedures and responsibility for calibrating cherry holding tanks for volumetric measurement {#sec-1-crr-ny-223.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 223.6}

Procedures and responsibility for calibrating cherry holding tanks for volumetric measurement shall be as follows:

(a) Equipment required:

(1) Level surface, preferably a cement slab.

(2) Stand of a size and type to hold test measure full of water in a level position above tanks being calibrated.

(3) Measuring rod of the type approved for the commercial measurement of red tart cherries, or its equal.

(4) Test measure, preferably six cubic foot test measure or 50 gallon test measure with adjustable legs, bottom-opening “quick-closing” valve. Test measure will be calibrated and certified to New York State standards.

(5) Level: a sensitive level three to four feet long for leveling tanks.

(6) Angle iron: a three inch angle iron long enough to bridge tank (approximately 38 inches long) to suspend measuring rod.

(7) “C” clamps: large enough to clamp angle iron.

(b) Calibration of tank.

(1) Place holding tank on level surface directly under the outlet valve of test measure.

(2) Secure angle iron and measuring rod to top of tank so the measuring rod is directly over the center of the tank.

(3) Level the holding tank.

(4) Read and record the reading on the measuring rod with the rod extended to the bottom of the tank.

(5) Fill test measure with water.

(6) Discharge water from test measure into holding tank. Let test measure drain 30 seconds after the main flow of water has stopped (drainage period must be timed).

(7) Repeat steps (5) and (6) hereof.

(8) Allow surface motion of water in holding tank to subside. Lower measuring rod to the surface of the water. Read and record the reading on measuring rod. Record in inches and.02 inches.

(9) Lower the measuring rod to the bottom of the tank. Allow surface motion of water in tank to subside. Read and record the reading on the measuring rod.

(10) Record the difference between the readings in step (7) and step (8) as depth of water in the holding tank.

(11) Repeat steps (5), (6), (8), (9) and (10) hereof two more times.

(12) Determine the cubic foot per inch depth at each of the three levels. Cubic foot per inch depth equals the amount of measured water added divided by the inch depth of water. (Do not include the results of the first dump of water.)

(13) Determine the average cubic foot per inch depth by adding together the cubic foot per inch depth at the three levels and dividing by three.

(14) If the actual cubic foot/inch depth at any of the three levels varies from the average cubic foot/inch depth more than one percent, the tank must be rejected.

(c) It shall be the responsibility of the owner of cherry holding tanks to have the tanks calibrated. The person or persons calibrating tanks shall be someone other than a weights and measures official.

Part 224 PETROLEUM PRODUCTS

1 CRR-NY 224.1 Definitions {#sec-1-crr-ny-224.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.1}

Each word used in this Part, as defined in title 16 of the Code of Federal Regulations part 306, shall have the meaning ascribed to it therein, except as otherwise set forth in this section.

(a) ASTM means the American Society for Testing and Materials standards, 2018 edition, published by such organization. A copy of ASTM is available at 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959. Copies of all provisions of ASTM referred to in this Part are maintained in a file at the Department of Agriculture and Markets, Bureau of Weights and Measures, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany NY 12231, and are available for public inspection during regular business hours.

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

(c) Co-solvent means an alcohol with a higher molecular weight than methanol or other approved organic compound that is blended with methanol to prevent phase separation in gasoline.

(d) Denatured fuel ethanol means an ethanol blend component that has been rendered unfit for use as a beverage by the addition of denaturants, for use in gasoline-ethanol blends and ethanol flex fuel.

(e) Diesel motor fuel means any fuel sold in this State for use in compression ignition engines which is commercially known or offered for sale as diesel motor fuel, excluding diesel motor fuel specifically designated 4-D and not suitable for use in the operation of a motor vehicle engine.

(f) Kerosene means a refined oil used as a heating fuel, a lighting fuel, or as an additive to diesel motor fuel.

(g) Leaded gasoline means any gasoline which is produced with the use of a lead additive or which contains more than five one hundredths of a gram of lead per gallon, or which contains more than five one thousandths of a gram of phosphorus per gallon.

(h) Reseller means any person, firm, corporation, limited liability company, partnership, or unincorporated association who or that purchases gasoline identified by the corporate, trade or brand name of a refiner from such refiner or a distributor and resells or transfers it to retailers or wholesale purchaser-consumers displaying the refiner's brands, and whose assets or facilities are not substantially owned, leased or controlled by such refiner.

(i) Title 16 of the Code of Federal Regulations (16 CFR) means the edition thereof revised as of April 1, 2016 published by the U.S. Government Printing Office, Washington, D.C. A copy of 16 CFR is maintained in a file at the Department of Agriculture and Markets, Bureau of Weights and Measures, 10B Airline Drive, Albany NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany NY 12231, and is available for public inspection and copying during normal business hours.

(j) Title 40 of the Code of Federal Regulations (40 CFR) means the edition thereof revised as of July 1, 2018 published by the U.S. Government Printing Office, Washington, D.C. A copy of 40 CFR is maintained in a file at the Department of Agriculture and Markets, Bureau of Weights and Measures, 10B Airline Drive, Albany NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany NY 12231, and is available for public inspection and copying during normal business hours.

(k) Unleaded gasoline means any gasoline that is produced without the use of a lead additive or that contains not more than five one-hundredths of a gram of lead per gallon or not more than five one-thousandths of a gram of phosphorus per gallon.

(l) Wholesale purchaser-consumer means any organization that is an ultimate consumer of automotive fuel and which purchases or obtains automotive fuel from a supplier for use in motor vehicles and receives delivery of such automotive fuel into a storage tank of at least 550-gallon capacity under the substantial control of that wholesale purchaser-consumer.

(m) Gasoline-alcohol blend means a fuel consisting primarily of gasoline and a substantial amount (more than 1 percent by volume ethanol or butanol, or more than 0.3 percent by volume methanol) of one or more alcohols.

1 CRR-NY 224.2 Specifications and test procedures {#sec-1-crr-ny-224.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.2}

Except as otherwise provided in this Part, the specifications and test procedures referred to in this Part shall be those set forth in ASTM.

1 CRR-NY 224.3 Standards for automotive fuel {#sec-1-crr-ny-224.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.3}

The following products when sold, offered for sale or when used in this State shall meet the following requirements:

(a) Automotive gasoline.

All automotive gasoline shall meet the requirements in ASTM D 4814-18a, except as noted below.

(1) Vapor pressure. Vapor pressure standards set forth in 6 NYCRR Subpart 225-3, or exceptions granted thereto by the Commissioner of Environmental Conservation, shall supersede those in this section.

(2) Gasoline-alcohol blends.

(i) Gasoline-ethanol blends greater than 15 percent by volume and less than 51 percent by volume ethanol are prohibited. Only gasoline-butanol blends may contain 16 percent alcohol by volume.

(ii) When methanol is blended with gasoline in quantities greater than three-tenths (0.3) percent by volume, the finished blend shall contain at least an equal amount of butanol or higher molecular weight alcohol, or other approved co-solvent. The maximum methanol content of any gasoline shall not exceed five percent by volume.

(3) Motor octane number. All unleaded gasoline with minimum (R + M)/2 octane ratings of 87 or higher shall have minimum motor octane number of 82. Unleaded gasolines with minimum (R + M)/2 octane ratings less than 87 shall have a minimum motor octane number of 81.5.

(4) Testing for octane rating. To determine the automotive fuel rating (octane rating) for gasoline in this Part, add the research octane number from test method ASTM D 2699-15a and the motor octane number from test method ASTM D 2700-14 and divide by two as explained in ATSM D 4814-18a. Variations in test results for octane ratings within the ASTM reproducibility limits shall be recognized in the enforcement of this section. No violation shall be issued for failure to meet a certified or posted octane rating unless the laboratory test results are:

(i) more than seven-tenths (0.7) octane less than the certified or posted octane for octane ratings less than 89; or

(ii) more than six-tenths (0.6) octane less than the certified or posted octane rating for octane ratings of 89 or greater.

(5) Leaded gasoline.

All automotive gasoline designated as “leaded” shall contain a minimum of 0.05 gram per gallon and a maximum of 0.1 gram per gallon of lead, or a minimum of 0.005 gram per gallon of phosphorus.

(b) Diesel fuel.

All diesel fuel shall meet the requirements in ASTM D 975-18.

(c) Kerosene.

All kerosene shall meet the requirements in ASTM D 3699-13.

(d) Denatured fuel ethanol intended for blending with gasoline shall meet the requirements in ASTM D 4806-19a.

(e) Ethanol flex fuels.

All blends of ethanol flex fuel shall meet the following requirements:

(1) Ethanol flex fuels containing 51 to 83 percent ethanol by volume shall meet the requirements in ASTM D 5798-19b.

(2) Ethanol flex fuels containing more than 10 percent but not greater than 15 percent ethanol by volume shall meet the requirements in ASTM D 4814-18a.

(f) Butanol.

All butanol intended for blending with gasoline shall meet the requirements in ASTM D 7862-17.

(g) Butanol blends.

Blends of butanol and gasoline that contain less than or equal to 16 percent butanol by volume, shall meet the requirements in ASTM D 4814-18a.

(h) Biodiesel.

All biodiesel intended for blending with diesel fuel shall meet the requirements in ASTM D 6751-15c.

(i) Biodiesel blends.

All blends of biodiesel and diesel fuel shall meet the following requirements:

(1) Blends that contain 5 percent or less biodiesel by volume shall meet the requirements in ASTM D 975-18.

(2) Blends that contain more than 5 percent biodiesel by volume but 20 percent or less biodiesel by volume shall meet the requirements in ASTM D 7467-18

(3) When blends that contain more than 20 percent biodiesel are offered for sale, the diesel fuel used in the blend shall meet ASTM D 975-18 and the biodiesel blend stock shall meet ASTM D 6751-15c.

1 CRR-NY 224.4 Delivery of petroleum products {#sec-1-crr-ny-224.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.4}

(a) Except where otherwise agreed to by the parties in writing, all petroleum products delivered from a vehicle shall be measured by meter or other measuring device.

(1) Where petroleum products delivered from a vehicle are measured by a metering device on the vehicle, the seller shall provide the buyer with a mechanically prepared metered document which shall show the actual quantities of all grades of petroleum products delivered.

(2) Where petroleum products delivered from a vehicle are not measured by a metering device on the vehicle, the seller shall provide the buyer at each location with a mechanically prepared metered document which shall show the actual quantities of all grades of petroleum products transferred to the vehicle which were delivered to that location. The design of the vehicle used in such deliveries shall prevent interchange of products intended for delivery at different locations.

(b) Every retailer shall check the level of each tank before and after each delivery of product in order to ascertain the quantity of product delivered to such tank and shall keep a record of such recordings. All such records shall be safely preserved on the premises for six months in such manner as to insure their security and accessibility for inspection by weights and measures officials.

(c) The person making the delivery shall check the level of product in each tank before and after each delivery of product in order to ascertain the quantity of product delivered to such tank and shall keep a record of such readings. All such records shall be safely preserved at the seller's principal place of business for six months in such manner as to insure their security and accessibility for inspection by weights and measures officials.

(d) In the event of any discrepancy between the seller's delivery invoice and the retailer's records of quantity delivered, the retailer shall notify the seller immediately by telephone, to be confirmed within 48 hours of the delivery in writing by certified mail or telegram, and the seller shall resolve the matter and respond to the retailer within 30 days.

(e) Deliveries of petroleum products to a retailer at night or after closing hours shall be made only with prior written consent of the retailer.

(f) No delivery of any product shall be made to any retail storage tank when its water level exceeds 1 inch (2.5 centimeters) in depth, when measured from the bottom through the fill pipe or other opening at the top of the tank.

1 CRR-NY 224.5 Bulk delivery disclosure requirements {#sec-1-crr-ny-224.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.5}

(a) Petroleum products other than automotive fuels.

For any bulk shipment of petroleum products that is transferred, sold or delivered to anyone who is not a consumer, the refiner or distributor shall provide, at the time of each transfer, sale or delivery, a delivery ticket or other written proof of the transfer. It shall contain the following information and certifications:

(1) the business or corporate name and address of the refiner or distributor supplying the products;

(2) the business or corporate name and address of the distributor, wholesale purchaser consumer or retailer receiving the products;

(3) the business or corporate name and address of the person, firm, or corporation that delivered the products, and the identification of the delivery vehicle (e.g. truck number). This information shall be supplied by the person, firm, or corporation that made the delivery, e.g. common or contract carrier;

(4) date of delivery;

(5) identity and grade of each product transferred, sold, or delivered;

(6) quantity of each product, expressed in gallons or liters, and recorded on a mechanically or electronically prepared document.

(b) Automotive fuels.

For any bulk shipment of automotive fuel that is transferred, sold or delivered to a person who is not a consumer, the refiner or distributor shall certify the fuel in accordance with 16 CFR sections 306.5 to 306.9 and shall:

(1) With regard to automotive gasoline:

(i) identify it as either leaded or unleaded;

(ii) identify its maximum vapor pressure in pounds per square inch;

(iii) certify its maximum percentage of ethanol if it contains more than one percent ethanol by volume;

(iv) certify the maximum percentage of methanol and the minimum percentage of co-solvent if it contains more than three-tenths percent methanol by volume; and

(v) certify its maximum percentage of butanol if it contains more than 1.0 percent butanol by volume.

(2) Identify diesel fuel as grade 1-D or 2-D; such grade designation shall be an acceptable substitute for a minimum cetane rating of 40.

(3) Identify kerosene as grade 1-K or 2-K.

(4) Express the quantity of each automotive fuel in gallons or liters on a mechanically or electronically prepared document.

(5) Temperature compensation, wholesale. Where automotive fuel is sold at wholesale compensated to 60°F (15.6°C), documentation shall be provided to the purchaser thereof that clearly indicates the following:

(i) the uncompensated or gross volume before compensation. This value shall be recorded on a mechanically or electronically prepared document;

(ii) product temperature at the time of measurement in degrees Fahrenheit or Celsius;

(iii) the API gravity of the product; and

(iv) the compensated or net volume, when compensated to 60°F (15.6°C).

1 CRR-NY 224.6 Retail measuring devices for petroleum products {#sec-1-crr-ny-224.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.6}

(a) All retail sales of petroleum products shall be from price computing devices.

(1) Devices indicating in customary units shall provide accurate indications of the volume delivered in gallons and binary-submultiples or decimal subdivisions of the gallon, the selling price per gallon, and the total selling price including all Federal, State, and local taxes.

(2) Devices indicating in metric units shall provide accurate indications of the volume delivered in liters and decimal subdivisions of the liter, the selling price per liter, and the total selling price including all Federal, State, and local taxes.

(b) Any digital money-value indication shall be in mathematical agreement with its associated quantity indication.

(c) All retail computing petroleum devices shall be equipped with money-value indications of sufficient digits to insure the accurate display of the total selling price and the price per unit of any purchase.

(d) This section shall not apply to approved manually operated stroke pumps or to approved volumetric measures used for delivery of kerosene. This section shall not apply to devices activated by access keys or cards where sales are limited to members under contract.

1 CRR-NY 224.7 Inventory records, retail establishments {#sec-1-crr-ny-224.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.7}

(a) A retailer selling automotive fuel shall keep daily inventory records. Records shall be kept for each storage tank (or battery of tanks if they are interconnected) and shall include measurements of:

(1) inventory on hand;

(2) deliveries;

(3) sales or other use;

(4) losses or gains; and

(5) bottom water level.

(b) Reconciliation of records shall be kept current.

(c) Water in storage tanks.

A retailer shall remove the bottom water from any storage tank used to store automotive fuel within 48 hours after the daily inventory reconciliation indicates a bottom water level exceeding 1 inch (2.5 centimeters).

(d) All records required in this section shall be safely preserved on the premises for six months, and maintained for five years in such manner as to insure their security and accessibility for inspection by weights and measures officials.

1 CRR-NY 224.8 Retail sales of gasoline-alcohol blends {#sec-1-crr-ny-224.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.8}

(a) A retailer or reseller shall not transfer, sell, dispense, or offer gasoline for sale in this State if it contains more than one percent by total volume of ethanol unless the retail dispensing device displays a sign with at least one-quarter inch block letter on a contrasting background reading “Contains. . . . . .% ethanol”, the blanks being filled in with the maximum percentage of ethanol in the gasoline. This information shall be continuously displayed on the upper 50 percent of the dispenser.

(b) A retailer or reseller shall not transfer, sell, dispense, or offer gasoline for sale in this State if it contains more than three-tenths (0.3) percent by total volume of methanol unless the retail dispensing device displays a sign with at least one-quarter inch block letter on a contrasting background reading “Contains. . . . . .% Methanol” and “Contains. . . . . .% Co-solvent”, the blanks being filled in with the maximum percentage of methanol and the minimum percentage of co-solvent in the gasoline. This information shall be continuously displayed on the upper 50 percent of the dispenser.

(c) A retailer or reseller shall not transfer, sell, dispense, or offer gasoline for sale in this State if it contains more than one percent by total volume of butanol unless the retail dispensing device displays a sign with at least one quarter inch block letter on a contrasting background reading "Contains......% Butanol", the blank being filled in with the maximum percentage of butanol in the gasoline. This information shall be conspicuously displayed on the upper 50 percent of the dispenser.

(d) A retailer that stores, sells or offers for sale any gasoline-alcohol blend for the first time shall remove all water and precipitated materials from the storage tank before the gasoline- alcohol blend is delivered into the storage tank.

1 CRR-NY 224.9 Automotive fuel ratings, certification and posting {#sec-1-crr-ny-224.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.9}

(a) Refiners and producers shall comply with the requirements in 16 CFR sections 306.5 through 306.7.

(b) Distributors shall comply with the requirements in 16 CFR sections 306.8 and 306.9.

(c) Retailers shall comply with the requirements in 16 CFR sections 306.10 through 306.12.

(1) The following terms used on dispensers and street signs when describing gasoline or gasoline-alcohol blends shall meet the following requirements:

(i) Regular shall mean 87 octane.

(ii) Mid-grade, plus, and extra shall mean 88 octane or greater.

(iii) Premium, super, and ultra shall mean 91 octane or greater.

(iv) Ethanol free gasoline containing less than one percent ethanol by volume shall be labeled “ethanol free”, “non-ethanol”, “no ethanol” or similar term.

(2) United States Environmental Protection Agency (EPA) labeling requirements. Retailers and wholesale purchaser consumers of gasoline shall comply with the EPA pump labeling requirements for gasoline containing ethanol in an amount greater than 10 percent by volume up to 15 percent by volume (E15) as set forth in 40 CFR section 80.1501.

1 CRR-NY 224.10 Cetane posting, retail sales of diesel fuel {#sec-1-crr-ny-224.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.10}

(a) If you are a retailer, you must post the minimum cetane number rating of all diesel fuel you sell to consumers. You must do this by putting at least one label on each face of each dispenser through which you sell diesel fuel.

(b) The label, or labels must be placed conspicuously on the dispenser so as to be in full view of consumers and as near as reasonably practical to the price per gallon of the diesel fuel.

(c) You must post either the cetane number certified to you or the cetane number determined by you according to the methods prescribed in ASTM D 975-18. In all cases above, the cetane number rating must be shown as a whole or half number equal to or less than the cetane number rating certified to you or determined by you.

(d)

(1) You must maintain and replace labels as needed to make sure consumers can easily see and read them.

(2) If the labels you have are destroyed or are unusable or unreadable for some unexpected reason, you can satisfy the requirements by posting a temporary label as much like the required label as possible. You must still get and post the required label without delay.

(e) [Reserved]

(f) You must keep for six months any delivery tickets or letters of certification on which you based your posting of cetane number rating. You must also keep for six months records of any cetane number rating determinations you made. These records shall be kept at the retail station and they must be open for inspection by weights and measures officials during normal business hours.

1 CRR-NY 224.11 Label specifications, cetane posting {#sec-1-crr-ny-224.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.11}

All labels used to post cetane shall meet the following specifications:

(a) Layout.

The label shall be 3″ wide × 2 ½″ long. The illustration appearing at the end of this section shall be a prototype that demonstrates the proper layout. Helvetica type or equivalent type shall be used throughout except for the cetane number rating which shall be in Franklin gothic or equivalent type. Spacing of the label shall be ¼″ between the top border and the first line of text, and ¼″ between the cetane number rating and the line of text above it. All text and numerals shall be centered within the interior borders.

(b) The top line of the label for diesel fuel shall set forth the words "MINIMUM CETANE RATING" in 12 point Helvetica Bold or equivalent bold, all capitals, with letterspace set at 12 ½ points. The cetane number shall be set in 96 point Franklin gothic condensed with 1/8" space between the numbers, as shown in subdivision (f) of this section.

(c) Colors.

The basic color on all labels is process yellow. All type is process black. All borders are process black. Both colors must be nonfade.

(d) Contents.

The contents are shown in the illustration. The proper cetane number rating for each diesel motor fuel must be shown. No marks or information other than that called for by this rule may appear on the label.

(e) Special label protection.

All labels must be capable of withstanding extremes of weather conditions for a period of at least one year. They must be resistant to gasoline, oil, grease, solvents, detergents, and water.

(f) Illustration of label.

A label should meet the specifications in this section, and shall use the format of the example below, except the black print should be on a yellow background.

1 CRR-NY 224.12 Retail sales of unleaded or leaded gasoline {#sec-1-crr-ny-224.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.12}

(a) No retailer or wholesale purchaser-consumer, or his/her employee or agent, shall sell, dispense, or offer for sale gasoline represented to be unleaded unless such gasoline meets the defined requirements for unleaded gasoline.

(b) Every retailer and every wholesale purchaser-consumer shall affix to each gasoline stand a permanent legible label as follows:

(1) For gasoline pump stands containing pumps for the introduction of unleaded gasoline into motor vehicles, the label shall state: Unleaded gasoline.

(2) For gasoline pump stands containing pumps for the introduction of leaded gasoline into motor vehicles, the label state: Contains lead anti-knock compounds. Any label required under this paragraph shall be located so as to be readily visible to a retailer's or a wholesale purchaser-consumer's employees and persons operating motor vehicles into which gasoline is to be dispensed.

(c) If more than one grade of unleaded gasoline is dispensed from a gasoline pump or pump stand, compliance with this section is required for only one grade.

1 CRR-NY 224.13 Retail sales of diesel motor fuel, kerosene {#sec-1-crr-ny-224.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.13}

(a) Diesel motor fuel sold at retail shall be identified by the grades of 1-D or 2-D. The grade of diesel motor fuel shall be continuously posted on each face of the dispenser that displays the sale information.

(b) Kerosene sold at retail shall be identified by the grades of 1-K or 2-K.

(1) When sold through a retail computing dispenser, the grade of kerosene shall be continuously posted on each face of the dispenser that displays the sale information. When sold through an approved manually operated stroke pump or using an approved liquid measure, the grade shall be conspicuously posted on a sign or placard.

(2) In the case of 2-K kerosene, an additional statement “WARNING -NOT SUITABLE FOR USE IN UNVENTED HEATERS REQUIRING 1-K KEROSENE” shall be presented in block letters at least one-half inch (½″) in height and one-sixteenth inch (1/16″) stroke (width of type) on a contrasting background. When kerosene is sold through a retail computing dispenser, the warning statement shall be continuously posted on the upper fifty percent (50 percent) of the dispenser. When kerosene is sold through an approved manually operated stroke pump or using an approved liquid measure, the warning statement shall be conspicuously posted on a sign or placard.

1 CRR-NY 224.14 Color coding of fill ports {#sec-1-crr-ny-224.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.14}

(a) The owner or operator of a retail establishment selling petroleum products from underground storage tanks (USTs) shall permanently mark all fill ports to identify the products inside. These markings shall be in accordance with the color code set forth in API RP 1637, 3rd edition, July 2006, published by the American Petroleum Institute, 1220 L Street, Washington DC 20005-4070; a copy of this document is maintained in a file at the Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, New York 12231, and is available for public inspection during regular business hours. If a UST system contains petroleum that does not have a corresponding API color code, the owner or operator of the retail establishment must clearly and conspicuously mark the fill port to identify the petroleum that is in the UST system. For any fill port connected to multiple UST systems storing different types of petroleum, the owner or operator of the retail establishment may place the marking referred to herein near the fill port to identify the petroleum in the UST systems.

(b) Color codes for petroleum products include:

(1) high grade unleaded, red with a white cross;

(2) middle grade unleaded, blue with a white cross;

(3) low grade unleaded, white with a black cross;

(4) vapor recovery, orange circle;

(5) diesel, yellow hexagon;

(6) biodiesel, bronze hexagon with outer yellow band and the biodiesel blend in black or white letters;

(7) kerosene, brown hexagon; and

(8) gasoline-alcohol blends, bronze elongated pentagon with the alcohol blend in black or white letters.

1 CRR-NY 224.15 Custom blending devices, test procedures {#sec-1-crr-ny-224.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.15}

(a) Custom blending device shall mean any gasoline dispensing device that delivers a mixture of two gasoline products of different octane ratings.

(b) Any blended fuel dispensed in the inspection and test of a custom blending device shall be returned to the lowest octane storage tank supplying that custom blending device.

(c) Custom blending devices where the blending occurs after the measurement of the products shall be inspected and tested for accuracy according to the procedures set forth below.

(1) Allow 10-second drain period each time test measure is emptied. To determine proper operation of totalizers, observe and record the totalizer indications before and after all test drafts.

(2) Test at lowest octane. Set selector control so that lowest octane product is dispensed. Normal test - full flow - basic tolerance.

If the first test is well within tolerance, proceed to paragraph (3) of this subdivision; otherwise repeat this test.

(3) Check computed price on both sides of dispenser.

(4) Test at highest octane. Set selector control so that highest octane product is dispensed. Normal test - full flow - basic tolerance.

If test is well within tolerance, proceed to paragraph (5) of this subdivision; otherwise repeat this test.

(5) Check computed price on both sides of dispenser.

(6) Test at blend - select an intermediate blend. Special test -slow flow - basic tolerance.

If test is well within tolerance and the error is less than or equals the average error of the previous two tests, proceed to paragraph (7) of this subdivision; otherwise slow flow test at first grade above lowest octane and first grade beneath highest octane (where applicable).

(7) Check computed price on both sides of dispenser.

(8) Set money-value computation on other blends. Set selector control at each of the remaining blends and dispense one indicated gallon to check computed price.

1 CRR-NY 224.16 Reimbursement to municipalities {#sec-1-crr-ny-224.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.16}

(a) The commissioner shall reimburse municipalities for costs associated with implementation of the petroleum product quality program.

(b) Reimbursement shall be made for:

(1) Employee wages, based on the employee's hourly rate including fringe benefits, for the time required to perform the following services as directed by the commissioner:

(i) collection of petroleum product samples and transport of said samples to a designated collection point;

(ii) screening automotive fuels;

(iii) preparation and submission of required reports to the commissioner;

(iv) investigations necessary to affirm that a violation has occurred; and

(v) training as prescribed by the commissioner.

(2) Administration costs, not to exceed 15 percent of program costs. All such costs must be individually justified.

(3) Transportation costs including tolls and mileage at the current rate negotiated under the Professional, Scientific and Technical Bargaining Unit contract.

(4) Purchase price of petroleum samples collected and submitted for test.

(5) Other costs, as justified. Prior written approval shall be required for equipment purchases.

(c) Payment shall be made each quarter upon receipt of a voucher from the municipality identifying the amounts claimed for each area of reimbursement. Documentation and receipts supporting the claims shall be maintained by the municipality for three years and shall be available for inspection by department representatives. Documentation shall include a log of time spent by each employee on work performed in support of this program.

1 CRR-NY 224.17 Stayed or invalid sections {#sec-1-crr-ny-224.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 224.17}

If any section of this Part is stayed or held invalid, the remainder will stay in force.

Chapter VI FOOD CONTROL

Subchapter B SLAUGHTERHOUSES, REFRIGERATED WAREHOUSES AND LOCKER PLANTS (ARTICLE 5-A AGRICULTURE AND MARKETS LAW)

Part 245 SLAUGHTERHOUSES

1 CRR-NY 245.1 Compliance required, waiver {#sec-1-crr-ny-245.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 245.1}

(a) Prior to the issuance of a slaughterhouse license pursuant to article 5-A, the commissioner must be satisfied that the slaughterhouse complies with construction, equipment and sanitation requirements established by this Part. To determine whether the slaughterhouse is in compliance with these requirements, the commissioner may cause an examination of the premises, equipment and facilities to be made. Complete drawing and specifications for new construction, new businesses and alterations of existing premises shall be submitted to the commissioner for approval. Construction of new facilities, new businesses and alterations of existing facilities shall not commence until the drawings and specifications have been reviewed and approved by the commissioner.

(b) Licensees shall conduct only the slaughter operations that are listed on their license application and have been approved by the commissioner.

1 CRR-NY 245.2 Construction and sanitation {#sec-1-crr-ny-245.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 245.2}

(a) Rooms, compartments, places, equipment and utensils used for preparing, processing, storing or otherwise handling any product, and all other parts of the establishment shall be kept in a clean and sanitary condition.

(b) The outside premises shall be maintained in a condition that prevents it from becoming an attractant, breeding place or harborage for rodents, insects and other pests. Garbage, refuse, debris and waste materials shall be stored as to minimize the development of odor and to prevent it from becoming an attractant and harborage or breeding place for rodents, insects and other pests. Roadways on the premises adjacent to the establishment shall have a hard surface.

(c) There shall be no handling or storing of materials which create an objectionable condition in the premises.

(d) There shall be abundant light, both natural and artificial, of good quality and well distributed, and sufficient ventilation for all rooms and compartments to ensure sanitary conditions.

(e) There shall be an efficient drainage and plumbing system for the establishment and premises. All drains and gutters shall be properly installed with approved traps and vents in accordance with any State or local construction or sanitary code, and shall be connected to a sanitary sewer or acceptable disposal system. The discharge of water and waste must conform to all State or local requirements.

(f)

(1) An adequate potable water supply, both hot and cold, delivered under pressure to sufficient, convenient outlets for washing carcasses and parts, walls, floors and equipment shall be available at all times during operation.

(2) An ample supply of water at not less than 180°F and/or an approved sanitizer shall be furnished and used for the cleaning of equipment, floors, walls and the like which are subject to contamination in the dressing or handling of diseased carcasses, their viscera and parts.

(3) Hot water for cleaning rooms and equipment other than those mentioned in paragraph (2) of this subdivision shall be delivered under pressure to sufficient convenient outlets and shall be not less than 150°F.

(4) Water shall be delivered at a minimum pressure of 30 pounds per square inch.

(5) A knife sterilization or disinfection system shall be provided for the evisceration of animals and fowl.

(g) The doors, walls, ceiling, partitions, posts and other parts of structures shall be of such materials, construction, repair and finish as will make them susceptible of being readily and thoroughly cleaned.

(h) Floors shall be of watertight and impervious materials sloped to efficient drain.

(i) Window sills shall be sloped to a 45-degree angle.

(j) Construction shall render the establishment resistant to the entrance of rodents, insects and other vermin. The use of poisons for any purpose in rooms or compartments where any unpacked product is stored or handled is forbidden, except under such restrictions and precautions as the commissioner may prescribe.

(k) The establishment shall be maintained in a condition that prevents the attraction of rodents, insects and other vermin.

(l) The junction of floors and walls shall be covered to a radius of at least two inches.

(m) Rails shall be of sufficient height to prevent carcasses from contacting the floor.

(n) All slaughtering and processing rooms shall have sufficient conveniently located hand- washing facilities of foot-pedal operation or equivalent devices and supplied with hot running water with a temperature of at least 105°F and cold running water tempered by means of mixing value or combination faucet, powdered or liquid soap dispensed from a sanitary container and individual towels or hand drying devices.

(o) In establishments where poultry is processed, the eviscerating, cutting and packing operations shall be separated from the killing, scalding and dressing operations by the use of separate rooms or by a thorough and complete cleanup prior to the eviscerating, cutting and packaging operations.

(p) The live animal and poultry holding areas shall be separated from the killing, processing and storage areas of the establishment by the use of separate rooms.

(q) Dogs and cats shall be excluded from establishments.

1 CRR-NY 245.3 Sanitary facilities {#sec-1-crr-ny-245.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 245.3}

(a) Adequate sanitary facilities and accommodations shall be furnished.

(b) One or more dressing rooms and toilet rooms shall be provided, which shall be conveniently located, have self-closing doors and be properly ventilated and lighted. They shall be separate from the rooms and compartments in which products are prepared, stored or handled. Where both sexes are employed, separate facilities shall be provided.

(c) Hand-washing facilities, including running hot and cold water, liquid or powdered soap dispensed from sanitary containers and individual towels, shall be placed in or near toilet rooms.

(d) Hand-washing facilities shall be provided with hot water of at least 105°F and cold water tempered by means of a mixing valve or combination faucet, powdered or liquid soap dispensed from sanitary containers and individual towels or hand drying devices.

(e) Establishment toilet soil lines shall be separate from house drainage lines to a point outside the building and drainage from toilet bowls and urinals shall not be discharged into a grease catchbasin.

(f) Products shall not be processed, prepared or stored directly beneath sewer lines, drain pipes or other system carrying sewage or waste unless such pipe lines are leak proof or properly protected by insulating materials or other means.

(g) A separate room shall be provided for the cleaning and sanitizing of transportation cages. Cleaning and/or storing transportation cages outside of the establishment is prohibited.

1 CRR-NY 245.4 Equipment {#sec-1-crr-ny-245.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 245.4}

(a) Equipment must be so constructed as to be easily cleaned, and that used for inedible products must be marked.

(b) Live animal and poultry holding and transportation cages shall be thoroughly cleaned and sanitized after use, with the exception of transportation cages that have been placed on a vehicle for return immediately after the delivery of the live animals and poultry. Live animals and poultry shall not be housed in transportation cages, but shall be housed in holding cages equipped with waste material catch pans at the bottom of each cage. Such cages shall provide access to food and water. Live animals and poultry shall be obtained only from approved sources and shall meet all animal health requirements as set forth in Parts 45, 57, 62, 63 and 67 of this Title.

(c) Tools, equipment and utensils used for preparing, processing and otherwise handling any product shall be of such material and construction as will make them susceptible of being readily and thoroughly cleaned and such as will ensure strict cleanliness in the preparation and handling of all products. So far as is practicable, such equipment shall be made of metal or other impervious material. Trucks and receptacles used for inedible material shall be of similar construction and shall bear some conspicuous and distinctive mark, and shall not be used for handling edible products.

(d) Tools, equipment and utensils shall be made of nontoxic material, shall be thoroughly cleaned and sanitized immediately after a change in processing between species, after any interruption of operations during which contamination may have occurred, and after each day's use. The equipment shall be properly stored and protected when not in use and shall be clean at the time of use. All shroud cloths shall be acceptably clean at time of use.

1 CRR-NY 245.5 Protection of products {#sec-1-crr-ny-245.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 245.5}

(a) Products shall be protected from contamination at all times during production, preparation, storage and transportation.

(b) Refrigerated storage of adequate capacity shall be provided and maintained at temperatures not to exceed 41°F for fresh meats and poultry, carcasses and parts thereof, and not to exceed 41°F for processed meats and poultry, meat and poultry by-products and meat and poultry food products.

(c) Vehicles in which products are transported shall be so constructed as to prevent dust, dirt, flies, insects and other contamination from coming in contact with products and shall be maintained in a clean and sanitary manner. Refrigeration at a temperature not to exceed 41°F and satisfactory protective covering for products shall be provided when necessary.

(d) All used tubs, barrels, and boxes used as containers of products shall be thoroughly cleaned and sanitized before reuse. They shall be of such construction and material as to protect products adequately from dust, dirt, flies, insects and other contamination, and a satisfactory sanitary liner shall be provided for such used containers where necessary.

(e) In establishments where poultry is processed, chilling tanks or vats shall be of smooth metal construction. They shall have a continuous water overflow and be emptied, cleaned and sanitized after each use. Ice used in such tanks and vats shall be clean and wholesome and stored in a clean, sanitary manner.

(f) All poultry carcasses and parts thereof, shall be thoroughly rinsed following evisceration.

(g) Poultry scalders shall maintain a continuous intake of potable water sufficient to maintain clean water and provide a minimum overflow of one quart of water per bird per minute. They shall be emptied, cleaned and sanitized after each use.

(h) Eviscerating facilities and equipment at each work station shall be sufficient to ensure that carcass and product preparation can be accomplished without contamination.

(i) Animals dressed with hides on shall be thoroughly washed and cleaned before evisceration. Washing equipment of an approved type to thoroughly and efficiently wash carcasses inside and out shall be provided.

(j) Hides shall not be stored on the killing floor, nor stored exposed in rooms or compartments used for edible products.

(k) Carcasses with hides on shall not be stored in contact with skinned and dressed carcasses or parts thereof or other edible products.

(l) All waste and offensive refuse shall be removed from the premises at least every 24 hours if the establishment is operated continuously or within 24 hours after use if the establishment is used only occasionally. Manure shall not be allowed to accumulate on the premises.

(m) A separate inedible waste room shall be provided for handling and storage of waste containers and covers, waste materials, inedible material, and condemned products. This room shall be so located as to ensure no contamination to edible products or congestion in the establishment. Hot and cold running water, proper drainage, and facilities for cleaning the area shall be provided and the area shall be maintained in a clean and sanitary condition. Where necessary it shall be separated from any area in which edible products are handled.

(n) Establishments desiring to singe poultry must meet the following requirements:

(1) The singeing process may only be used to remove excess feathers and shall not be used to brown or burn the flesh. Singeing shall be conducted after removal of feathers.

(2) Singed carcasses shall be chilled and eviscerated immediately after singeing.

(3) Finished product shall be labeled with the following statement: "Keep refrigerated at 41°F or below. Poultry must be cooked to an internal temperature of 165°F or higher."

1 CRR-NY 245.6 Cleanliness required {#sec-1-crr-ny-245.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 245.6}

(a) Operations and procedures involving the preparation, storing or handling of any product, and all parts of the establishment, shall be kept in a clean and sanitary condition. There shall be no handling or storing of materials which create an objectionable condition in rooms, compartments or places where products are prepared, stored or otherwise handled.

(b) Rooms and compartments in which animals are slaughtered or any product is processed or prepared shall be kept reasonably free of steam and vapors to enable proper inspections and to ensure clean operations. The walls, ceilings and overhead structures of rooms and compartments in which products are prepared, handled or stored shall be kept reasonably free of moisture.

(c) Butchers and others who dress or handle diseased carcasses or parts shall cleanse their hands with soap and hot water, and rinse them in clean water. Implements used in dressing diseased carcasses shall be thoroughly cleansed in boiling water, or in an approved disinfectant followed by rinsing in clean water. Employees who handle any product shall keep their hands clean and in all cases, after visiting the toilet rooms or urinals shall wash their hands before handling any products or the implements used in the preparation of products.

(d) Aprons, frocks, and other outer clothing worn by persons who handle any product shall be of material that is readily cleaned and only clean garments shall be worn. Clean garments must be worn at the start of each working day and garments must be changed during the day as often as necessary to prevent adulteration of product and creation of insanitary conditions. Care shall be taken to prevent the contamination of products with perspiration, hair, cosmetics, medicaments and the like.

(e) Such practices as spitting on whetstones, spitting on the floors, placing skewers, tags or knives in the mouth, inflating lungs or casings or testing with air from the mouth such receptacles as tierces, kegs, casks and the like containing any product or intended as containers of any product, are prohibited. Only mechanical means may be used for testing.

(f) Smoking shall not be permitted in areas where edible products are handled or processed. Signs prohibiting smoking shall be conspicuously posted in such areas.

1 CRR-NY 245.7 Employment of persons with disease {#sec-1-crr-ny-245.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 245.7}

No person affected with tuberculosis or other communicable disease in a transmittable stage shall be employed in any department where any product is handled or prepared. The commissioner, when he has reasonable grounds to believe such action necessary, may require a medical examination of any person handling edible products and a certificate of a duly licensed physician showing the absence of such disease as a condition precedent to such continued employment.

1 CRR-NY 245.8 Exotic animals {#sec-1-crr-ny-245.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 245.8}

(a) For purposes of this section, exotic animal shall mean any captive reindeer, elk, deer, antelope, water buffalo or bison which are raised commercially for food.

(b) Field slaughter of exotic animals shall be permitted, provided that the following requirements are met:

(1) The farm or animal owner has a designated area where an ante-mortem inspection and slaughter can be performed.

(2) A veterinarian shall conduct an ante-mortem inspection on the same day of slaughter.

(3) A copy of the veterinarian's ante-mortem report shall accompany the transport vehicle to the processing facility.

(4) The processing facility shall retain and maintain a copy of the ante-mortem report for a period of one year from the date of receipt of the slaughtered exotic animal.

(5) The transport of intact, exotic animal carcasses to a processing facility shall take place on the day of slaughter.

(6) The slaughter of all species susceptible to chronic wasting disease shall be performed in accordance with Part 68 of Title 1 NYCRR.

(c) Packaged or encased exotic meats sold at wholesale within New York State shall bear the following statement on the product label or carton: Processed at a NYSDAM Article 5-A Facility.

1 CRR-NY 245.9 Tagging improper facilities and equipment {#sec-1-crr-ny-245.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 245.9}

1 CRR-NY 245.10 to 245.15 to 245.15 [Repealed] {#sec-1-crr-ny-245.10-to-245.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 245.10 to 245.15}

Part 246 REFRIGERATED WAREHOUSES AND LOCKER PLANTS

1 CRR-NY 246.1 Definitions {#sec-1-crr-ny-246.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.1}

(a) Room as used herein means a definite refrigerated space within and a portion of a refrigerated warehouse and which room is used separately and exclusively as a processing room, breakup room or ice cream hardening room, as hereinafter defined.

(b) A processing room shall be deemed to be a refrigerated room used exclusively for the processing of food and which is not otherwise used for the storage of food.

(c) A breakup room shall be deemed to be a refrigerated room used exclusively for reassembling and/or repacking frozen foods for distribution to the trade, and which is not otherwise used for the storage of food.

(d) An ice cream hardening room shall be deemed to be a refrigerated room where only frozen desserts manufactured pursuant to article 4-A of the Agriculture and Markets Law are placed for freezing after manufacture and which is used exclusively for such purpose, and which is not otherwise used for the storage of food.

1 CRR-NY 246.2 Containers {#sec-1-crr-ny-246.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.2}

Articles of food placed in a refrigerated warehouse and/or locker plant shall be securely packed, wrapped or enclosed in suitable boxes, cartons, crates or other packages, unless the articles are of a character impracticable to pack in containers, in which event they may be stored in bulk.

1 CRR-NY 246.3 Record of licensee {#sec-1-crr-ny-246.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.3}

The records required under section 234 of the Agriculture and Markets Law shall be kept in such form as readily to show the order, in point of time, in which the lots of food were stored.

1 CRR-NY 246.4 Markings {#sec-1-crr-ny-246.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.4}

The marking of each lot of food stored in a refrigerated warehouse with the required identification lot number shall be by means of a stamp or other suitable marking on the container in which the food is packed, or on a tag securely attached to the container or to the food itself.

1 CRR-NY 246.5 Bulk food {#sec-1-crr-ny-246.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.5}

When articles of food of a character impracticable to pack in containers are placed in a refrigerated warehouse, each unit of such food shall be stamped or tagged as above provided; or, if such individual marking is not practicable, the bulk mass of such food shall be so stamped or tagged, and food from no other lot shall be commingled with such bulk mass.

1 CRR-NY 246.6 Unfit food {#sec-1-crr-ny-246.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.6}

No article of food shall be placed, received, or kept in any refrigerated warehouse or locker plant unless such food is in an apparently pure and wholesome condition.

1 CRR-NY 246.7 Notice to storers of expiration of storage period {#sec-1-crr-ny-246.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.7}

Thirty days prior to the expiration of the 24-month period of storage, the warehouse operator shall give notice to the owner of any lot of food that such food must be removed, unless the Commissioner of Agriculture and Markets shall have issued an order extending the time of storage. When an extension of the storage period has been granted, the operator shall again give notice to the owner 30 days before the expiration of the extended period. A copy of each notice required by this rule shall be promptly mailed to the Commissioner of Agriculture and Markets.

1 CRR-NY 246.8 Application for extension of storage period {#sec-1-crr-ny-246.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.8}

An application for an extension of the storage period beyond 24 months must be submitted at least 20 days before the expiration of such 24-month period. The application shall state:

(a) the lot numbers;

(b) the date when the food was first placed in cold storage;

(c) the condition of the food at the time of application;

(d) the length of time for which an extension is asked; and

(e) the reasons for requesting extension.

1 CRR-NY 246.9 Notice of unfitness {#sec-1-crr-ny-246.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.9}

Whenever any food is found to be no longer fit to remain in storage, the operator of the refrigerated warehouse or locker plant shall notify the owner of the food of such fact, and a copy of the notice shall be promptly mailed to the Commissioner of Agriculture and Markets.

1 CRR-NY 246.10 Seizure and destruction of unfit food {#sec-1-crr-ny-246.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.10}

Whenever any food is found to be unfit for consumption as food, the Commissioner of Agriculture and Markets, or his representative shall seize such food by placing same under quarantine requiring the food to be held intact until disposed of as provided by law. Before any such food shall be destroyed, the commissioner shall cause a 10 days' notice to be mailed to the owner at his address as it appears on the records of the warehouse, giving him an opportunity to show cause why the food should not be destroyed.

1 CRR-NY 246.11 Leased rooms, record, markings, reports {#sec-1-crr-ny-246.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.11}

The operator of any leased room or rooms other than processing rooms, breakup rooms or ice cream hardening rooms in any refrigerated warehouse or locker plant where foods are stored for over 30 days and who has sole jurisdiction and supervision over such leased room or rooms, is required to secure a license as provided for in section 231 of the Agriculture and Markets Law, and shall at all times be responsible for the observance of the statute and of these rules. The operator of any warehouse of locker plant who shall lease any part thereof for the storage of food for over 30 days, and who has access to and supervision over the storage of foods in such leased room or rooms, shall at all times be responsible for the observance of the statute and of the rules requiring the keeping of records.

1 CRR-NY 246.12 Sanitation {#sec-1-crr-ny-246.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.12}

(a) Every refrigerated warehouse and/or locker plant, including equipment, shall be kept in a clean, wholesome, and sanitary condition; and all food stored therein must be securely protected from dust, dirt, flies, insects, rodents and from contamination of every kind.

(b) Suitable toilet facilities, conveniently located, shall be provided. They shall be air conditioned or otherwise ventilated to the outer air, well lighted, kept clean and sanitary. Adequate handwashing facilities, in or nearby, shall be provided at all times with soap, running hot and cold water, mechanical hand dryer or single service towels. Toilets shall not open directly into any room where food is handled, packed or stored. Openings to the outer air shall be screened with 12-gauge or smaller mesh screen or by other acceptable modern device. Notices shall be posted conspicuously in toilets, at washrooms and throughout the plant directing all employees to the importance of washing their hands before commencing work and after visiting toilet rooms.

(c) No operator or lessee shall require or permit any person to work, nor shall any person work in a refrigerated warehouse or locker plant who is known to be affected with an infectious or contagious disease.

1 CRR-NY 246.13 Meats intended for feeding fur-bearing animals, dogs and cats {#sec-1-crr-ny-246.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.13}

No refrigerated warehouse operator shall accept for storage meats intended for use in the feeding of fur-bearing animals, dogs and cats, unless same have been inspected and stamped by the United States Department of Agriculture, or inspected by other governmental agency approved by the commissioner or are accompanied by a certificate executed by an approved veterinarian, certifying that the meat being presented for storage was from an animal or animals healthy at the time of slaughter.

1 CRR-NY 246.14 Treatment of pork or pork products to destroy trichinae {#sec-1-crr-ny-246.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 246.14}

(a) Refrigerated warehouse operators accepting pork and pork products for treatment to destroy trichinae by refrigeration shall keep the following records:

(1) type of product frozen;

(2) amount of product frozen;

(3) date of entry into freezer;

(4) recorded temperature at which held;

(5) date of release from freezer; and

(6) lot number.

(b) At the time of release of the lot of treated product or of any part thereof, a warehouse or delivery receipt properly numbered and containing like data shall be issued by said refrigerated warehouse operator to the storer or owner of the food.

Subchapter C FOOD AND FOOD PRODUCTS (ARTICLE 17 AGRICULTURE AND MARKETS LAW)

Part 250 DEFINITIONS AND STANDARDS

1 CRR-NY 250.1 Foods {#sec-1-crr-ny-250.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 250.1}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the following as the standards of identity and/or standards of quality, and tolerances for food and food products as published in title 21 of the Code of Federal Regulations (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402):

(1) 21 CFR part 104, containing the Federal definitions and standards for Nutritional Quality Guidelines for Foods at pages 180-184.

(2) 21 CFR part 130, containing the Federal definitions and standards for Food Standards: General at pages 333-341.

(3) 21 CFR part 145, containing the Federal definitions and standards for Canned Fruits at pages 448-488.

(4) 21 CFR part 146, containing the Federal definitions and standards for Canned Fruit Juices at pages 488-502.

(5) 21 CFR part 150, containing the Federal definitions and standards for Fruit Butters, Jellies, Preserves and Related Products at pages 502-510.

(6) 21 CFR part 152, containing the Federal definitions and standards for Fruit Pies at pages 510-512.

(7) 21 CFR part 155, containing the Federal definitions and standards for Canned Vegetables at pages 512-534.

(8) 21 CFR part 156, containing the Federal definitions and standards for Vegetable Juices at pages 534-537.

(9) 21 CFR part 158, containing the Federal definitions and standards for Frozen Vegetables at pages 537-540.

(10) 21 CFR part 160, containing the Federal definitions and standards for Eggs and Egg Products at pages 540-545.

(11) 21 CFR part 161, containing the Federal definitions and standards for Fish and Shellfish at pages 545-562.

(12) 21 CFR part 163, containing the Federal definitions and standards for Cacao Products at pages 562-570.

(13) 21 CFR part 164, containing the Federal definitions and standards for Tree Nut and Peanut Products at pages 570-574.

(14) 21 CFR part 165, containing the Federal definitions and standards for Nonalcoholic Beverages at pages 574-593.

(15) 21 CFR part 166, containing the Federal definitions and standards for Margarine at pages 593-596

(16) 21 CFR part 168, containing the Federal definitions and standards for Sweeteners and Table Sirups at pages 596-600.

(17) 21 CFR part 169, containing the Federal definitions and standards for Food Dressings and Flavorings at pages 600-606.

(b) Copies of these regulations, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

1 CRR-NY 250.2 Dietary food labeling requirements {#sec-1-crr-ny-250.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 250.2}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, part 105 (revised as of April 1, 2013 U.S. Government Printing Office, Washington, DC 20402), at pages 184-186, entitled Foods for Special Dietary Use, establishing definitions and labeling requirements for food intended to meet special dietetic needs.

(b) Copies of these regulations, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

1 CRR-NY 250.3 Labeling of fresh produce treated with post-harvest wax or resin {#sec-1-crr-ny-250.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 250.3}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of the State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts, as labeling requirements for fresh produce which has been treated with a post-harvest coating of wax and/or resin, the following Federal regulations, as published in title 21 of the Code of Federal Regulations (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402):

(1) 21 CFR section 101.4(b)(22), establishing labeling requirements for wax and resin ingredients on fresh produce.

(2) 21 CFR section 101.100(a)(2) establishing labeling requirements for food received in bulk containers at a retail establishment.

(b) Copies of these regulations, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231 and are available for public inspection and copying during regular business hours.

1 CRR-NY 250.4 [Repealed] {#sec-1-crr-ny-250.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 250.4}

Part 252 SAFE LISTS OF FOOD ADDITIVES (SUBSTANCES GENERALLY RECOGNIZED AS SAFE)

1 CRR-NY 252.1 Food ingredients {#sec-1-crr-ny-252.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 252.1}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulations as they appear in title 21 of the Code of Federal Regulations (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), in the area of food ingredients:

(1) Part 181 of title 21 of the Code of Federal Regulations, containing a list and definitions of Prior-Sanctioned Food Ingredients at pages 466-470.

(2) Part 182 of title 21 of the Code of Federal Regulations, containing a list of food Substances Generally Recognized as Safe at pages 470-483.

(3) Part 184 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Direct Food Substances Affirmed as Generally Recognized as Safe at pages 483-588.

(4) Part 186 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards of Indirect Food Substances Affirmed as Generally Recognized as Safe at pages 588-593.

(5) Part 189 of title 21 of the Code of Federal Regulations, containing the definitions and standards of Substances Prohibited from Use in Human Food at pages 594-601.

(b) Copies of these regulations, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

1 CRR-NY 252.2 Food additives {#sec-1-crr-ny-252.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 252.2}

(a) For the purpose of enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulations as they appear in title 21 of the Code of Federal Regulations (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), in the area of food additives as follows:

(1) Part 170 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Food Additives at pages 5-24.

(2) Part 172 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Food Additives Permitted for Direct Addition to Food for Human Consumption at pages 30-122.

(3) Part 173 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Secondary Direct Food Additives Permitted in Food for Human Consumption at pages 122-155.

(4) Part 174 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Indirect Food Additives: General at pages 155-156.

(5) Part 175 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Indirect Food Additives: Adhesives and Components of Coatings at pages 156-199.

(6) Part 176 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Indirect Food Additives: Paper and Paperboard Components at pages 199-238.

(7) Part 177 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Indirect Food Additives: Polymers at pages 238-360.

(8) Part 178 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Indirect Food Additives: Adjuvants, Production Aids and Sanitizers at pages 360-454.

(9) Part 180 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Food Additives Permitted in Food or in Contact with Food on an Interim Basis Pending Additional Study at pages 460-466.

(b) Copies of these regulations, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

1 CRR-NY 252.3 Color additives {#sec-1-crr-ny-252.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 252.3}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts as labeling requirements for fresh produce which has been treated with a post-harvest coating of wax/or resin, the following Federal regulations as published in title 21 of the Code of Federal Regulations (revised as of April 1, 2010; U.S. Government Printing Office, Washington, DC 20402), in the area of color additives to food and food products:

(1) Part 70 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Color Additives at pages 326-334.

(2) Part 73 of title 21 of the Code of Federal Regulations, containing the Federal definitions for Listing of Color Additives Exempt from Certification at pages 341-392.

(3) Part 74 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Listing of Color Additives Subject to Certification (including Appendices) at pages 392-432.

(4) Part 80 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Color Additive Certification at pages 433-439.

(5) Part 81 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for General Specifications and General Restrictions for Provisional Color Additives for Use in Foods, Drugs and Cosmetics at pages 439-446.

(6) Part 82 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Listing of Certified Provisionally Listed Colors and Specifications at pages 446-451.

(b) Copies of these regulations, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

1 CRR-NY 252.4 [Repealed] {#sec-1-crr-ny-252.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 252.4}

1 CRR-NY 252.5 [Repealed] {#sec-1-crr-ny-252.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 252.5}

Part 253 ETHYLENE DIBROMIDE (EDB) IN HUMAN FOOD

1 CRR-NY 253.1 Ethylene Dibromide (EDB) in human food {#sec-1-crr-ny-253.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 253.1}

The following residue levels of the insecticide Ethylene Dibromide (EDB) when found in human foods shall render such foods unfit and unsafe for use as human food within the meaning of sections 202-b and 200(1) of the Agriculture and Markets Law.

(a) For ready-to-eat baby and infant food, a zero tolerance level is hereby established.

(b) For ready-to-eat products which include, but are not limited to, cold cereals, snack foods, bread and other baked goods, citrus and tropical fruits, the tolerance level shall not exceed 10 parts per billion.

(c) For intermediate level products which require cooking before they are eaten which include, but are not limited to, cake mixes and bread flour, the tolerance level shall not exceed 50 parts per billion.

(d) For raw grain intended for human consumption, such as rice, corn and wheat, the tolerance level shall not exceed 300 parts per billion.

1 CRR-NY 253.2 to 253.16 to 253.16 [Repealed] {#sec-1-crr-ny-253.2-to-253.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 253.2 to 253.16}

Part 254 PERSONS CERTIFYING FOOD AS KOSHER

1 CRR-NY 254.1 Statement of qualifications of persons certifying food as kosher {#sec-1-crr-ny-254.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 254.1}

Every person (including an individual, partnership, corporation, and association) who certifies non-prepackaged food as kosher or kosher-for-Passover shall file with the Department of Agriculture and Markets a statement, upon a form provided by the department, of that person's qualifications to certify food as kosher. Such statement may include the certifier's background, training, education, experience and any other information that shows the certifier's qualifications. The form may be filed electronically on the department's website at http://www.agmkt.state.ny.us/ or by mail or fax to the New York State Department of Agriculture and Markets, Division of Kosher Law Enforcement, 55 Hanson Place, Brooklyn, NY 11217.

1 CRR-NY 254.2 Registration of persons certifying non-prepackaged food as kosher {#sec-1-crr-ny-254.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 254.2}

Every person (including an individual, partnership, corporation and association) who manufactures, produces, processes, packs or sells non-prepackaged food represented or branded as kosher shall file with the Department of Agriculture and Markets, upon a form provided by the department, the name, address and telephone number of the person certifying the food as kosher. The form may be filed electronically on the department's website at http://www.agmkt.state.ny.us/ or by mail or fax to the New York State Department of Agriculture and Markets, Division of Kosher Law Enforcement, 55 Hanson Place, Brooklyn, NY 11217.

Part 256 FOOD SALVAGERS

1 CRR-NY 256.1 Examination and condemnation of unwholesome food and damaged utensils {#sec-1-crr-ny-256.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 256.1}

Samples of food, drink and single service food containers and utensils, soda straws, paper napkins or any product of a similar nature may be taken by the commissioner as often as may be necessary for the detection of unwholesomeness, damage or contamination.

1 CRR-NY 256.2 Notice to commissioner {#sec-1-crr-ny-256.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 256.2}

It shall be the duty of food salvagers to notify the commissioner whenever damaged goods subject to the provisions of article 17-B are obtained.

1 CRR-NY 256.3 Movement of seized foods {#sec-1-crr-ny-256.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 256.3}

(a) It shall be unlawful for foods and devices held under seizure or embargo by the commissioner to be moved to a different location without prior permission granted by the commissioner.

(b) All movements of seized or embargoed foods are to be made only under the supervision of the commissioner.

(c) Food and food products shall be moved from the site of a fire, flood, wreck or other cause as expeditiously as possible so as not to become putrid, unwholesome, rodent or insect harborages, or otherwise a menace to public health.

(d) All seized or quarantined foods, prior to reconditioning and release from seizure, shall be transported only in vehicles provided with devices to render them capable of being locked and sealed. Where highly perishable foods are transported, this is to be done in vehicles provided with adequate refrigeration for product maintenance.

1 CRR-NY 256.4 Records {#sec-1-crr-ny-256.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 256.4}

A record or receipt of damaged merchandise, merchandise found to be unfit and salvaged merchandise shall be kept by salvagers and shall be kept open for inspection by the commissioner during business hours. These records shall be kept on the premises of the salvager for a period of one year following the completion of transactions involving a lot of merchandise.

1 CRR-NY 256.5 Storage and removal of waste material and unfit foods {#sec-1-crr-ny-256.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 256.5}

(a) Waste material shall be stored in such a manner as not to become a nuisance, preferably in a separate building. Covered containers shall be used and frequent removal from the premises shall be the rule.

(b) All unfit foods shall be removed from food salvage plants often enough as to not become a nuisance. This removal shall be done only by a method approved by the commissioner and all disposal costs shall be borne by the salvager.

1 CRR-NY 256.6 Required rooms {#sec-1-crr-ny-256.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 256.6}

Where the operation requires, the following rooms shall be provided to carry on the business of salvage. Receiving room, sorting and cutting room, cleaning room (kitchen), storage area for reconditioned merchandise and waste room. If retail sales are made on the premises, a separate room shall be provided for this purpose. Where frozen or refrigerated foods are handled, refrigerators, freezer rooms and/or freezer cabinets shall be provided.

1 CRR-NY 256.7 Sanitation requirements {#sec-1-crr-ny-256.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 256.7}

(a) Any building, or portion of any building, regularly used in food salvaging shall at all times be thoroughly clean and free from dust, foul atmosphere and contamination, and shall be properly lighted, drained and ventilated.

(b) The side walls and ceilings of all work rooms shall be well plastered, tiled or constructed of metal or lumber, and shall be painted to the end that they may be readily cleaned. They shall be kept free from dust, dirt and foreign matter and clean at all times.

(c) The floors of all work rooms shall be impermeable and shall be constructed of nonabsorbent material which can be flushed and washed clean with water. (d) All salvaging plants shall have convenient toilet rooms separate and apart from work rooms. The doors of toilet rooms shall be provided with self-closing devices. The floor of the toilet room shall be of nonabsorbent material and shall be clean at all times. Toilet rooms shall be vented to the outdoors by means of windows or ventilating pipes. Adequate light, either natural or artificial shall be provided.

(e) Lavatories and wash rooms shall be adjacent to toilet rooms, and at other locations where required, and shall be supplied with soap, hot and cold, or warm running water and single-service towels or equivalent, and shall be maintained in a sanitary condition. Before beginning work, after visiting toilet rooms, and at other times as required, work-room employees shall wash their hands and arms thoroughly in clean water.

(f) Every salvaging plant shall be provided with a suitable room or rooms for the changing and hanging of wearing apparel of the workers or employees, which shall be separate and apart from the work storage and sales rooms, and shall be kept in a clean and sanitary condition.

(g) Storage rooms for materials shall be kept clean and free from objectionable odors, and shall be rodent and vermin proof.

(h) Doors, windows and other openings of every work room shall be screened during fly season with screens of not coarser than 12-mesh wire screening, or other effective means of insect elimination shall be adopted.

(i) Salvaging plants shall be free of insects and rodents. Extermination, when practiced, shall be done in a safe manner so as not to contaminate foods stored in the plant and shall not make use of highly poisonous substances. Where rodent poisons are used, they shall be placed in properly constructed bait boxes.

(j) The water supply shall be ample, clean and potable with adequate facilities for its distribution in the plant. Complete hose stations to consist of hot and cold running water, mix valve, hose and hose hanger shall be provided where needed.

(k) All apparatus, utensils and appurtenances used in the handling and reconditioning of salvage goods shall be so constructed and placed that they can be thoroughly cleaned. Such equipment shall be kept clean and sanitary and in good repair.

(l) No person shall live or sleep in any building used as a salvaging plant unless the salvaging plant or work room of such salvaging plant is separated by impervious walls without doors or windows or other openings from the parts of the building used for living or sleeping quarters.

(m) Vats, sinks, and other washing equipment, provided with hot and cold running water and proper drains, shall be available for cleaning, rinsing and bactericidal treatment of food containers to be reconditioned. Necessary equipment for drying, buffing, relabeling and repacking shall, where required, be provided.

(n) All work-room employees shall be clean in person at all times and shall wear clean, washable clothing and caps, where the operation requires. They shall not smoke or chew tobacco where unpackaged foods are handled.

(o) No person suffering from or afflicted with a contagious or infectious disease shall be employed in or about any part of a salvaging plant.

(p) All products shall be stored on skids or pallets of sufficient height to facilitate cleaning inspection, and shall not be placed closer than 12 inches to walls. There shall be an aisle at least 18 inches wide between each double row of merchandise.

1 CRR-NY 256.8 Standards for damaged food containers {#sec-1-crr-ny-256.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 256.8}

Agriculture and Markets Law, § 18(2) and (6)

(a) Definitions.

For the purpose of this section, the following terms shall have the following meanings:

(1) Flipper means a hermetically sealed container in which one end is slightly bulged and remains flat if pressed in. Flippers result from low vacuum.

(2) Leaker means a faulty hermetically sealed container that allows its contents to leak due to faulty seaming, rupture of the seal, industrial mishandling, severe denting, holes that develop in the container, or pressure that develops within the container.

(3) Sanitize means effective bactericidal treatment by a process that has been approved by the department as being effective in destroying micro-organisms, including pathogens.

(4) Springer means a hermetically sealed container with one end that bulges. When manual pressure is applied to the bulged end and released, either the opposite end is forced out or the bulged end springs back. If both ends of the container bulge, but only one end remains flat when pressed, it is a springer. A springer results from the presence of moderate positive pressure within the container. Bulging or extensive denting of the side walls may produce a springer.

(5) Swell means a hermetically sealed container with two bulged ends. Neither end will remain flat without pressure. A soft swell will yield to manual pressure, but no impression can be made manually on a hard swell. A swell results from positive pressure in the container, usually due to the spoilage of its contents. Some swells, especially in acidic products, may result from a chemical reaction between the contents and the container.

(b) Damaged food containers unsuitable for sale or donation.

No person shall possess, sell, offer, or expose for sale or donate the following damaged food containers:

(1) any can or jar with bulged ends, or any container that is a swell, springer or flipper, including cans with bulged lids caused by severe dents; provided, however, that this prohibition shall not apply to beer or carbonated beverage containers that are slightly bulged due to gas, or to pressurized food containers such as coffee or cheese spreads;

(2) any hermetically sealed can, jar or container that exhibits visible evidence of product leakage;

(3) any pull-up, pull-ring, pull-tab or pull-top container that exhibits obvious fractures of the lip scorelines, or any glass container that exhibits evidence of a loosening or opening of the closure or evidence of any other condition affecting the integrity of the seal;

(4) any badly rusted and/or severely pitted container that cannot be properly cleaned and reconditioned by moderate buffing, by means other than the use of steel wire brushes which are prohibited and may not be used for this purpose. Fine brass or copper wire brushes may be used for moderate buffing;

(5) any severely dented can in which the end seam is pulled out of position to such an extent that the malposition is readily noticeable and in which there is evidence that the end seam may have been placed under tension; provided, however, that this prohibition shall not apply to food containers that exhibit moderately deep, sharp, angular indentations and moderately acute crimping of the body wall in which the end seam malposition is so slight that it can only be detected by the use of a straight edge on a flat surface;

(6) any severely dented can that exhibits deep, sharp, angular dents and acute crimping of the body wall; provided, however, that this prohibition shall not apply to food containers that exhibit moderately deep, angular indentations and moderately acute crimping of the body wall;

(7) any severely dented can in which the end seam has been forced out of position to such an extent that the countersink has been buckled, materially affecting the safety and viability of the container; provided, however, that this prohibition shall not include food containers that exhibit body dents that force the end seam inward to such an extent that the countersink is involved, but no sharp edges are evident;

(8) any container that exhibits an improper end seam closure whereby a portion of the cover or body flange has not been tucked properly into the end seam;

(9) any container exhibiting deep, sharp, vertical side rim dents on the double seam in which the continuity of the seam is disrupted, or a rise is noted in the end plate at the site of the rupture; provided, however, that this prohibition shall not include food containers exhibiting deep, sharp, vertical or side rim dents that are not severe enough to cause the lid to buckle or bulge noticeably;

(10) any container that is not properly labeled within the meaning of the Agriculture and Markets Law of the State of New York or that has lost its identity and cannot be properly re-identified. All salvaged foods and food products in containers shall be provided with labels meeting the requirements of section 201 of the Agriculture and Markets Law. If original labels have been lost or removed from containers that are to be resold, food salvager replacement labels shall be affixed to each container. Said labels shall, in addition to meeting the requirements of Agriculture and Markets Law section 201, include the name and address of the food salvager as the distributor;

(11) any paper, plastic or similar food container or wrapping that has been damaged by penetration to such an extent that the product contained therein may have been contaminated or adulterated; provided, however, that this prohibition shall not include any paper, plastic or similar food container or wrapping, that contains only slight damage, such as crushing and in which there is no evidence of penetration of the interior of the container or of exposure of the foods contained therein; and

(12) any container, including one having a press or screw cap, that has been totally immersed in water as the result of fire, flood or similar mishap; provided, however, that this prohibition shall not apply to metal cans or tins of food that have been partially or totally submerged in water as the result of fire, flood or similar mishap and that have been thoroughly cleaned and sanitized with a rinse of a concentration of 100 p.p.m. available chlorine for a minimum period of one minute, or immersed in boiling water for five minutes followed by cooling to 95° F. and thorough drying, or by any other method approved by the department, and that have been subsequently treated to inhibit rust formation.

1 CRR-NY 256.9 Sale of foods in damaged containers to a licensed food salvager {#sec-1-crr-ny-256.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 256.9}

Agriculture and Markets Law, § 18(2) and (6)

Food or food products in containers that have been damaged as a result of fire, flood, accident, industrial mishandling, or other cause may be sold to a licensed food salvager for segregation and reconditioning.

1 CRR-NY 256.10 Visual aids for the inspection of food containers {#sec-1-crr-ny-256.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 256.10}

Agriculture and Markets Law, § 18(2) and (6)

The following photographs illustrate major defects of damaged containers which shall not be offered for sale or donated, and minor defects of less damaged containers which may be offered for sale or donated. These photographs are demonstrative and illustrative only.

This is an example of a container in which the end seam has been forced out of position to an extent that it is likely to affect the safety and viability of the container (see section 256.8[b][7] of this Part).

This is an example of a container in which the end seam has been forced out of position to an extent that it is likely to affect the safety and viability of the container (see section 256.8[b][7] of this Part).

This is an example of a container in which the end seam has been forced out of position to an extent that it is likely to affect the safety and viability of the container (see section 256.8[b][7] of this Part).

This is an example of a container in which the end seam has been forced out of position to an extent that it is likely to affect the safety and viability of the container (see section 256.8[b][7] of this Part).

This is an example of a container in which a dent affects the end seam, but has not forced it of position to the extent that it affects the safety and viability of the container (see section 256.8[b][7] of this Part).

This is an example of a container that exhibits moderate, acute crimping of the body wall (see section 256.8[b][6] of this Part).

This is an example of a container that exhibits a moderate dent which has created a slight end seam malposition (see section 256.8[b][5] of this Part).

This is an example of a container in which the end seam has been forced out of position to an extent that it is likely to affect the safety and viability of the container (see section 256.8[b][7] of this Part).

This is an example of a container that exhibits a moderate dent in the end seam (see section 256.8[b][7] of this Part).

This is an example of a container in which the end seam has been forced out of position to such an extent that the safety and viability of the container is affected (see section 256.8[b][7] of this Part).

This is an example of a container that exhibits a moderate dent in the end seam (see section 256.8[b][7] of this Part).

This is an example of a container exhibiting deep, sharp, angular dents and acute crimping of the body wall (see section 256.8[b][6] of this Part).

This is an example of a container exhibiting deep, sharp, angular dents and acute crimping of the body wall (see section 256.8[b][6] of this Part). In addition, the end seam has been pulled out of position (see section 256.8[b][5] of this Part).

This is an example of a container exhibiting deep, sharp, angular dents and acute crimping of the body wall (see section 256.8[b][6] of this Part). In addition, the end seam has been pulled out of position (see section 256.8[b][5] of this Part).

This is an example of a container exhibiting deep, sharp, angular dents and acute crimping of the body wall (see section 256.8[b][6] of this Part). In addition, the end seam has been pulled out of position (see section 256.8[b][5] of this Part).

This is an example of a container that exhibits moderate dents and moderate acute crimping in the body wall (see section 256.8[b][5] of this Part).

This is an example of a container that exhibits sharp, angular dents (see section 256.8[b][6] of this Part).

This is an example of a container that exhibits moderate dents which have not crimped the body wall (see section 256.8[b][6] of this Part).

This is an example of a container that exhibits sharp, angular dents (see section 256.8[b][6] of this Part).

This is an example of a container that has a bulged end (see section 256.8[b][1] of this Part).

This is an example of a container that has a bulged end (see section 256.8[b][1] of this Part).

This is an example of a container that exhibits a moderate indentation (see section 256.8[b][6] of this Part).

This is an example of a container in which buckles extend into the end seam distorting the countersink. The end seam may have been placed under tension sufficient to jeopardize the hermetic seal (see section 256.8[b][7] of this Part).

This is an example of a container with a buckle that does not involve the end seam (see section 256.8[b][7] of this Part).

This is an example of a container with buckles which extend into the end seam materially affecting the safety and viability of the container (see section 256.8[b][7] of this Part).

This is an example of a container with a cable cut (white arrow) which is deep enough to expose the seam laminations.

This is an example of a container with a cable cut which is deep enough to expose the seam laminations.

This is an example of a container with a cable cut (white arrow) which is deep enough to expose the seam laminations.

This is an example of a container with a lid that is not crimped (see section 256.8[b][8] of this Part).

This is an example of a container exhibiting a false seam (see section 256.8[b][8] of this Part).

This is an example of a container with a lid that is not crimped (see section 256.8[b][8] of this Part).

This is an example of a container exhibiting a false seam (see section 256.8[b][8] of this Part).

This is an example of a container exhibiting slight rust which is easily removable by cleaning or moderate buffing (see section 256.8[b][4] of this Part).

This is an example of a badly rusted and severely pitted container that cannot be properly cleaned and reconditioned by moderate buffing by means other than steel wire brushes (see section 256.8[b][4] of this Part).

This is an example of a container exhibiting slight rust which is easily removable by cleaning or moderate buffing (see section 256.8[b][4] of this Part).

This is an example of a badly rusted and severely pitted container that cannot be properly cleaned and reconditioned by moderate buffing by means other than steel wire brushes (see section 256.8[b][4] of this Part).

This is an example of a badly rusted and severely pitted container that cannot be properly cleaned and reconditioned by moderate buffing by means other than steel wire brushes (see section 256.8[b][4] of this Part).

These are examples of unlabeled containers (see section 256.8[b][10] of this Part).

This is an example of a damaged container in which the product is exposed (see section 256.8[b][11] of this Part).

This is an example of a damaged container in which the product is exposed (see section 256.8[b][11] of this Part).

This is an example of a damaged container in which product is exposed (see section 256.8[b][11] of this Part).

This is an example of a hermetically sealed can that exhibits visible evidence of product leakage (see section 256.8[b][2] of this Part).

This is an example of a pull top container which contains obvious fractures of the lip scorelines (see section 256.8[b][3] of this Part).

Part 257 MANUFACTURE AND DISTRIBUTION OF COMMERCIAL FEED

1 CRR-NY 257.1 Definitions and terms; exemptions {#sec-1-crr-ny-257.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.1}

As used in relation to the manufacture and distribution of commercial feed and as used in this Part:

(a) Definitions, terms and names shall be those set forth in article 8 of the Agriculture and Markets Law (hereinafter referred to as the “law”). Where no such definitions, terms or names are set forth in the law, such definitions, terms and names shall be those adopted by the Association of American Feed Control Officials (hereinafter referred to as “AAFCO”), except as the commissioner prescribes otherwise in this Part.

(b) The following commodities are hereby exempt from the definition of “commercial feed” as set forth in the law: hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances, when not intermixed or mixed with other materials, provided that such commodities, compounds or substances are not adulterated as set forth in the law.

1 CRR-NY 257.2 Label format {#sec-1-crr-ny-257.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.2}

Any commercial feed shall be labeled with the information prescribed in the law or this Part on the principal display panel of the product and in the following general format:

(a) Net weight.

(b) Product name and brand name, if any.

(c) If any drug is used in or on such feed:

(1) the word “medicated” shall appear directly following and below the product name in type size no smaller than one half the type size of the product name;

(2) the purpose of the drug (claim statement);

(3) the direction for use and precautionary statement or reference to its location if such direction or statement is required by section 257.6 or 257.7 of this Part;

(4) an active drug ingredient statement listing the active drug ingredients by their established names and the amounts in accordance with section 257.4(d) of this Part;

(d) The guaranteed analysis of the feed as required by this Part, including the following items, unless exempted in paragraph (8) of this subdivision, and in the order listed:

(1) minimum percentage of crude protein;

(2) minimum (or where applicable, maximum) percentage of equivalent protein from non- protein nitrogen as required in section 257.4(e) of this Part;

(3) minimum percentage of crude fat;

(4) maximum percentage of crude fiber;

(5) minerals, to include, in the following order:

(i) minimum and maximum percentages of calcium (Ca);

(ii) minimum percentage of phosphorus (P);

(iii) minimum and maximum percentages of salt (NaCl); and

(iv) any other minerals;

(6) vitamins in such terms as required in section 257.4(c) of this Part;

(7) total sugars expressed as invert on dried molasses products or products being sold primarily for their molasses content;

(8) exemptions:

(i) no guarantee for any mineral is required when there is no specific label claim and when the feed contains less than 6½ percent of mineral elements;

(ii) no guarantee for any vitamin is required when the feed is neither formulated for nor represented in any manner as a vitamin supplement;

(iii) no guarantee for crude protein, crude fat or crude fiber is required when the feed is intended for purposes other than to furnish these substances or they are of minor significance in relation to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.

(e) Feed ingredients, collective terms for a group of feed ingredients, or appropriate statements as provided under the provisions of section 130(d) of the law. Collective terms for the grouping of feed ingredients as defined in the official definitions of said ingredients in the official publication of AAFCO in lieu of the individual ingredients, provided that:

(1) when a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label;

(2) the manufacturer shall provide the commissioner or his authorized representative, upon request, with a listing of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the State.

(f) Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address shall include the street address, city, State and zip code; however, the street address may be omitted if it is shown in the current city directory or telephone directory.

(g) The information required by section 130(1)(a)-(e) of the law shall appear in its entirety on one side of the label or container. The information required by section 130(1)(f) and (g) of the law shall be displayed in a prominent place on the label or container but not necessarily on the same side as the above information. When the information required by section 130(1)(f) and (g) is placed on a different side of the label or container, it shall be referenced on the front side with a statement such as “see back of label for directions for use”. None of the information required by section 130 of the law shall be subordinated or obscured by other statements or designs.

1 CRR-NY 257.3 Brand and product names {#sec-1-crr-ny-257.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.3}

(a) The brand name and product name of any commercial feed shall be appropriate for the intended use of the feed and shall not be misleading. If either such name indicates the feed is made for a specific use, the character of the feed shall conform therewith; for example, a mixture labeled “dairy feed” shall be suitable for that purpose.

(b) Commercial, brand or trade names shall not be permitted in any guaranteed analysis or ingredient listing.

(c) The name of any commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not represent any components of a mixture unless all components are included in the name; provided, that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredient or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand name or product name is not otherwise false or misleading.

(d) The word “protein” shall not be permitted in the product name of any feed that contains added non-protein nitrogen.

(e) When the brand name or product name carries a percentage value, it shall signify actual protein and/or equivalent protein content only, even though it may not explicitly modify the percentage with the word “protein”; provided, that other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. When a figure is used in any brand name (except in mineral, vitamin, or other products where the protein guarantee is nil or unimportant), it shall be preceded by the word “number” or some other suitable designation.

(f) Single ingredient feeds shall have a product name in accordance with the official definitions of feed ingredients as recognized by AAFCO unless the commissioner prescribes otherwise.

(g) The word “vitamin”, or any contraction thereof, or any word suggesting vitamin, can be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as provided in section 257.4(c) of this Part.

(h) The term “mineralized” shall not be used in the name of any feed, except for “trace mineralized salt”. When the latter expression is used, the product shall contain significant amounts of trace minerals which are recognized as essential for animal nutrition.

(i) The terms “meat” and “meat by-products” shall be qualified to designate the animal from which the meat or meat by-products are derived unless the meat or meat by-products are from cattle, swine, sheep and goats.

1 CRR-NY 257.4 Expression of guarantees {#sec-1-crr-ny-257.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.4}

(a) The guarantees for crude protein, equivalent protein from non-protein nitrogen, crude fat, crude fiber and mineral guarantees (when required) shall be in terms of percentage by weight.

(b) Commercial feeds containing 6 ½ percent or more mineral elements shall include in the guaranteed analysis the minimum and maximum percentages of calcium (Ca), if any, the minimum percentage of phosphorus (P), if any, and if salt (NaCl) is added, the minimum and maximum percentages of salt. In such case, the minerals, except salt (NaCl), shall be guaranteed in terms of percentage of the element. When calcium and/or salt guarantees are given in the guaranteed analysis, such shall conform to the following:

(1) When the minimum of calcium or salt is five percent or less, the maximum of the same shall not exceed the minimum by more than one percentage point.

(2) When the minimum of calcium or salt is above five percent, the maximum of the same shall not exceed the minimum by more than 20 percent and in no case shall the maximum exceed the minimum by more than five percentage points.

(c) Guarantees for minimum vitamin content of commercial feeds and feed supplements, when made, shall be stated on the label in milligrams per pound of feed, except that:

(1) Vitamin A, other than precursors of vitamin A, shall be stated in international or USP units per pound.

(2) Vitamin D, in products offered for poultry feeding, shall be stated in international chick units per pound.

(3) Vitamin D for other uses shall be stated in international or USP units per pound.

(4) Vitamin E shall be stated in international or USP units per pound.

(5) Guarantees for vitamin content on the label of any commercial feed shall state the guarantee as true vitamins, not compounds, with the exception of the compounds, pyridoxine hydrochloride, choline chloride, thiamin, and d-pantothenic acid.

(6) Oils and premixes containing vitamin A or vitamin D or both may be labeled to show vitamin content in terms of units per gram.

(d) Guarantees for drugs shall be stated in terms of percent by weight, except that:

(1) Antibiotics present at less than 2,000 grams per ton (total) of commercial feed shall be stated in grams per ton of such feed;

(2) Antibiotics present at 2,000 or more grams per ton (total) of commercial feed shall be stated in grams per pound of such feed;

(3) Labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees, except as specifically provided in the Federal food additive regulations for certain antibiotics, wherein quantitative guarantees are required regardless of the level or purpose of the antibiotic.

(4) The term “milligrams per pound” may be used for drugs or antibiotics in those cases where a dosage is given in “milligrams” in the feeding directions.

(e) Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:

(1) Complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than five percent protein from natural sources shall be guaranteed as follows: Crude protein, minimum, ____% (This includes not more than ____% equivalent protein from non-protein nitrogen.)

(2) Mixed feed concentrates and supplements containing less than five percent protein from natural sources may be guaranteed as follows: Equivalent crude protein from non-protein nitrogen, minimum, ____%

(3) Ingredient sources of non-protein nitrogen such as urea, di-ammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or other basic non-protein nitrogen ingredient sources officially defined by AAFCO, except where the commissioner prescribes otherwise, shall be guaranteed as follows: Nitrogen, minimum, ____% Equivalent crude protein from non-protein nitrogen, minimum, ____%.

(f) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentages of calcium (Ca), the minimum percentage of phosphorus (P), and the maximum percentage of fluorine (F), if any.

1 CRR-NY 257.5 Ingredients {#sec-1-crr-ny-257.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.5}

(a) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed by the law or this Part, shall be in accord with the provisions of section 257.2(e) of this Part.

(b) The name of each ingredient shall be shown in letters or type of the same size as those for other ingredients.

(c) No reference to quality or grade of any ingredient shall appear in the ingredient statement of any feed.

(d) The term “dehydrated” may precede the name of any ingredient that has been artificially dried.

(e) A single ingredient product officially defined by AAFCO or by the commissioner shall not be required to have an ingredient statement.

(f) Definitions for ingredients shall not be used until officially adopted by AAFCO or by the commissioner, unless no official definition exists or the ingredient has a commonly accepted name that requires no definition (for example, sugar).

(g) When the word “iodized” is used in connection with a feed ingredient, the ingredient shall contain not less than 0.007 percent iodine, uniformly distributed.

1 CRR-NY 257.6 Directions for use and precautionary statements {#sec-1-crr-ny-257.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.6}

(a) Directions for use and precautionary statements on the labeling of all commercial feeds (including customer-formula feeds) containing additives (including drugs, special-purpose additives, or non-nutritive additives) shall:

(1) be adequate to enable safe and effective use for the intended purpose by users with no special knowledge of the purpose and use of such feeds; and

(2) include, but not be limited to, all information prescribed by all applicable regulations under the Federal Food, Drug and Cosmetic Act.

(b) Adequate directions for use and precautionary statements are required for feeds containing nonprotein nitrogen as provided in section 257.7 of this Part.

(c) Adequate directions for use and precautionary statements necessary for safe and effective use are required on all commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

1 CRR-NY 257.7 Nonprotein nitrogen {#sec-1-crr-ny-257.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.7}

(a) Urea and other nonprotein nitrogen products defined in the official publication of AAFCO or by the commissioner are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein and are not to be used in commercial feeds for other animals and birds.

(b) If any commercial feed contains more than 8.75 percent of equivalent crude protein from all forms of nonprotein nitrogen, added as such, or the equivalent crude protein from all forms of nonprotein nitrogen, added as such, which exceeds one third of the total crude protein, the label shall bear adequate directions for the safe use of such feed and the precautionary statement: “CAUTION: USE AS DIRECTED.” The directions for use and the caution statement shall be in type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use.

(c) On labels such as those for medicated feeds which bear adequate feeding directions and/or warning statements, the presence of added nonprotein nitrogen shall not require a duplication of the feeding directions or the precautionary statements, provided those statements include sufficient information to ensure the safe and effective use of the product due to the presence of nonprotein nitrogen.

1 CRR-NY 257.8 Drugs and other additives {#sec-1-crr-ny-257.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.8}

(a) The commissioner may require approval of any labeling on or for any commercial feed which contains any drug or other additive (including any special-purpose or nonnutritive additive).

(b) Prior to approval of any application for registration, as provided in section 129(1) or (2) of the law, or prior to approval by the commissioner of any labeling for any commercial feed which contains any additive, the commissioner may require the applicant or registrant to submit evidence to prove the safety and efficacy of such feed when used according to the directions furnished on the labeling.

(c) Evidence of the safety and efficacy of any commercial feed shall be deemed satisfactory for the purposes of this section when:

(1) the commercial feed contains such additives, the use of which conforms to the requirements of applicable regulations promulgated pursuant to the Federal Food, Drug and Cosmetic Act, or which are “prior sanctioned” or “generally recognized as safe” for such use pursuant to the provisions of such act; or

(2) the commercial feed is itself a drug as defined in the law and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the Federal Food and Drug Administration under title 21 of USC 355, 357 or 360(b).

1 CRR-NY 257.9 Adulterants {#sec-1-crr-ny-257.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.9}

(a) For the purposes of section 132(1) of the law, the term poisonous or deleterious substance includes, but is not limited to, the following:

(1) Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.30 percent for cattle, 0.35 percent for sheep, 0.45 percent for swine, or 0.60 percent for poultry.

(2) Fluorine-bearing ingredients when used in such amounts that they raise the fluorine content of the total ration above the following amounts: 0.009 percent for cattle, 0.01 percent for sheep, 0.014 percent for swine, or 0.035 percent for poultry.

(3) Soybean meal, flakes or pellets or other vegetable meals, flakes or pellets which have been extracted with trichlorethylene or other chlorinated solvents.

(4) Sulfur dioxide, sulfurous acid, and slats of sulfurous acid when used in or on feeds or feed ingredients which are considered to be a significant source of vitamin B1 (thiamine).

(b) All screenings or byproducts of grains and seeds containing weed seeds, when used in commercial feed or sold as commercial feed to the ultimate consumer, shall be ground finely enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no more than one percent viable weed seeds and not more than 10 viable noxious weed seeds per pound. The term noxious weed seeds shall mean those weed seeds as defined in secion 136(7) of the law.

1 CRR-NY 257.10 Good manufacturing practices {#sec-1-crr-ny-257.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.10}

(a) For the purposes of enforcement of section 132(4) of the law, the commissioner hereby adopts the following as current good manufacturing practices:

(1) The regulations prescribing good manufacturing practices for medicated feeds as published in the Code of Federal Regulations, title 21 (revised as of April 1, 1987; U.S. Government Printing Office, Washington, DC 20402), Part 225, sections 225.1 to 225.202 at pages 97-104.

(2) The regulations prescribing good manufacturing practices for medicated premixes as published in the Code of Federal Regulations, title 21 (revised as of April 1, 1987; U.S. Government Printing Office, Washington, DC 20402), Part 226, sections 226.1 to 226.115 at pages 104-109. Copies of these regulations, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

(b) For the purpose of the enforcement of article 8 of the Agriculture and Markets Law, the Commissioner of the Department of Agriculture and Markets hereby adopts, as good manufacturing practices, the regulations prescribing current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals as published in the Code of Federal Regulations, title 21 (revised as of July 29, 2016; U.S. Government Printing Office, Washington, DC 20402), part 507, subparts A, B, C, E, and F.

(1) Every term used in this section that is defined or given meaning in subparts A, B, C, E, and F of title 21 of the Code of Federal Regulations part 507 shall be construed as set forth therein, except that “FDA” shall be deemed to be a reference to the Department of Agriculture and Markets.

(2) A copy of title 21 of the Code of Federal Regulations containing part 507, subparts A, B, C, E, and F, is maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, New York 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, New York 12231, and is available for public inspection and copying during regular business hours.

1 CRR-NY 257.11 Registration {#sec-1-crr-ny-257.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.11}

The registration year for pet food and specialty pet food as required by section 129(2) of the law shall be the calendar year. Applications for such registration shall be made, and all annual fees required by the law shall be paid on or before the first day of December for the following calendar year.

1 CRR-NY 257.16 Definitions and terms for pet food and specialty pet food {#sec-1-crr-ny-257.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.16}

As used in relation to pet food and specialty pet food and as used in this Part:

(a) Principal display panel means the part of a label on the pet food or specialty pet food that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

(b) Ingredient statement means a collective and contiguous listing on the label of the ingredients of which the pet food or specialty pet food is composed.

(c) Immediate container means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.

1 CRR-NY 257.17 Label format for pet food and specialty pet food {#sec-1-crr-ny-257.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.17}

In addition to the requirements for commercial feed otherwise provided in this Part, the following requirements shall apply to pet food and specialty pet food:

(a) The statement of net weight, product name and brand name shall be shown on the principal display panel. All other required information may be placed elsewhere on the label, but shall be sufficiently conspicuous as to render it easily read by the average purchaser under ordinary conditions of purchase and sale.

(b) The declaration of the net weight shall be made in conformity with the Federal Fair Packaging and Labeling Act and the regulations promulgated thereunder.

(c) The information which is required to appear in the “guaranteed analysis” shall be the following elements listed in the following order:

crude protein—minimum amount

crude fat—minimum amount

crude fiber—maximum amount

moisture—maximum amount

Additional guarantees, if any, shall follow “moisture.”

(d) A vignette, graphic, or pictorial representation of any product on any pet food or specialty pet food label shall not misrepresent the contents of the package.

(e) The use of the word “proven” in connection with label claims for any pet food or specialty pet food is prohibited unless scientific or other empirical evidence establishing the claim represented as “proven” is available to the commissioner.

(f) No statement shall appear upon the label of any pet food or specialty pet food which makes false or misleading comparisons between that food and any other pet or specialty pet food.

(g) Personal or commercial endorsements are permitted on pet food or specialty pet food labels when said endorsements are factual and not otherwise misleading.

(h) The words “dog food”, “cat food”, or similar designation shall appear conspicuously upon the principal display panel of any pet food or specialty pet food label.

(i) The label of any pet food or specialty pet food shall not contain any unqualified representation or claim, directly or indirectly, that the pet food or specialty pet food therein contained, or a recommended feeding thereof, is or meets the requisites of a complete, scientific or balanced ration for any pet or specialty pet, unless such product or feeding:

(1) Contains ingredients in quantities sufficient to provide the estimated nutrient requirements for all stages of the life of the pet or specialty pet, which have been established by a recognized authority on animal nutrition; or

(2) Contains a combination of ingredients which, when fed to a normal animal as the only source of nourishment, will provide satisfactorily for fertility of females, gestation and lactation, normal growth from weaning to maturity without supplementary feeding, and will maintain the normal weight of an adult animal, whether working or at rest, and has had its capabilities in this regard demonstrated by adequate, scientific testing.

(j) Labels for pet foods or specialty pet foods which are compounded for or which are suitable for only a limited purpose (for example, a product designed for the feeding of puppies) may contain representations that said product, or recommended feeding thereof, is or meets the requisites of a complete, scientific or balanced ration for pets or specialty pets, but only:

(1) In conjunction with a statement of the limited purpose for which the product is intended or suitable (as, for example, in the statement “a complete food for puppies”). Such representations and such required qualification therefor shall be juxtaposed on the same panel and in the same size, style and color print; and

(2) Such qualified representations may be so used only if:

(i) The product contains ingredients in quantities sufficient to satisfy the estimated nutrient requirements established by a recognized authority on animal nutrition for such limited purpose; or

(ii) The product contains a combination of ingredients, which when fed for such limited purpose, will satisfy the nutrient requirements for such limited purpose and has had its capabilities in this regard demonstrated by adequate, scientific testing.

(k) Except as provided by section 257.18 of this Part, the name of any ingredient which appears on the label other than in the product name shall not be given undue emphasis so as to create the impression that such an ingredient is present in the product in a larger amount than is the fact, and if the names of more than one such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product.

1 CRR-NY 257.18 Brand and product names; pet food and specialty pet food {#sec-1-crr-ny-257.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.18}

In addition to the requirements for commercial feed otherwise provided in this Part, the following requirements shall apply to pet food and specialty pet food:

(a) No flavor designation or claim shall be used on any pet food or specialty pet food label unless the designated flavor is detectable by a recognized test method. Any flavor designation or claim on any such label shall either conform to the name of its source as shown in the ingredient statement, or the ingredient statement shall show the source of the flavor. The word “flavor” shall be printed in the same size type and with an equal degree of conspicuousness as the ingredient term from which the flavor designation is derived. Distributors of pet food or specialty pet food employing such flavor designations or claims on the labels of such products shall, upon request by the commissioner or his authorized representative, supply verification of the designated or claimed flavor.

(b) The designation “100%” or “All” or words of similar connotation shall not be used in the brand name or product name of any pet food or specialty pet food if it contains more than one ingredient, provided, for the purpose of this subdivision only, water sufficient for processing, required decharacterizing agents and trace amounts of preservatives and condiments shall not be considered ingredients.

(c) The terms “meat” and “meat by-products” may be used without a designation of the species from which the same was derived only if such meat or meat by-products have been derived from cattle, swine, sheep or goats; otherwise, the species shall be designated, for example, “horsemeat.”

(d) The name of any pet food or specialty pet food shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture of any such product unless all components or ingredients are included in the name, except as provided in subdivision (a), (e) or (f) of this section; provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1) the ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon acceptance of the product by the purchaser thereof; and

(2) it does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; and

(3) it is not otherwise false or misleading.

(e) When an ingredient or a combination of ingredients derived from animals, poultry, or fish constitutes 95 percent or more of the total weight of all ingredients of any pet food or specialty pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of such food; provided, that where more than one ingredient is part of such product name, then all such ingredient names shall be in the same size, style, and color print.

(f) When an ingredient or a combination of ingredients derived from animals, poultry or fish constitutes at least 25 percent but less than 95 percent of the total weight of all ingredients of any pet food or specialty pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of such food only if the product name also includes a primary descriptive term, such as “meatballs” or “fishcakes”, so that the product name describes the contents of the product in accordance with an established law, custom or usage and so that the product name is not misleading. All such ingredient names and the primary descriptive term shall be in the same size, style and color print.

(g) Contractions or coined names referring to ingredients shall not be used in the brand name of any pet food or specialty pet food unless they are in compliance with subdivisions (a), (d), (e) and (f) of this section.

1 CRR-NY 257.19 Expression of guarantees {#sec-1-crr-ny-257.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.19}

In addition to the requirements for commercial feed otherwise provided in this Part, the following requirements shall apply to pet food and specialty pet food:

(a) The sliding scale method of expressing any guaranteed analysis (for example, “protein 15-18%”) is prohibited.

(b) The label of any pet food or specialty pet food, which is formulated as and represented to be a vitamin supplement, shall include a guarantee of the minimum content of each vitamin declared in the ingredient statement. Such guarantees shall be stated in units of measurements established by a recognized authority on animal nutrition.

(c) The vitamin potency of any pet food or specialty pet food distributed in any container smaller than one pound may be guaranteed in such units per ounce as established by a recognized authority on animal nutrition.

(d) If the label of any pet food or specialty pet food does not represent such food to be either a vitamin or a mineral supplement, but does include a table of comparison of a typical analysis of the vitamin, mineral, or nutrient content of such food with levels recommended by a recognized animal nutrition authority, such comparison may be stated in the units of measurement used by such authority. Any table of comparison of any vitamin, mineral, or nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis. Such table of comparison may appear on the label separate and apart from the guaranteed analysis.

1 CRR-NY 257.20 Ingredients {#sec-1-crr-ny-257.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.20}

In addition to the requirements for commercial feed otherwise provided in this Part, the following requirements shall apply to pet food and specialty pet food:

(a) The maximum moisture in any pet food or specialty pet food shall be guaranteed and shall not exceed 78 percent or the natural moisture content of the constituent ingredients of the product, whichever is greater. Pet food or specialty pet food such as those consisting principally of stew, gravy, sauce, broth, juice or a milk replacer, which are so labeled, may contain moisture in excess of 78 percent.

1 CRR-NY 257.21 Directions for use; pet food and specialty pet food {#sec-1-crr-ny-257.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.21}

In addition to the requirements for commercial feed otherwise provided in this Part, the following requirements shall apply to pet food and specialty pet food:

(a) The label of any pet food or specialty pet food which is suitable only for intermittent or supplemental feeding or for some other limited purpose shall:

(1) bear a clear and conspicuous disclosure to that effect; or

(2) contain specific feeding directions which clearly and conspicuously state that the product should be used only in conjunction with other foods.

1 CRR-NY 257.22 Drugs and other pet food additives {#sec-1-crr-ny-257.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.22}

In addition to the requirements for commercial feed otherwise provided in this Part, the following requirements shall apply to pet food and specialty pet food:

(a) An artificial color may be used in any pet food or specialty pet food only if it has been satisfactorily shown to be harmless to pets or specialty pets, as the case may be. The permanent or provisional listing of any artificial color in the Federal food and drug regulations as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets or specialty pets.

1 CRR-NY 257.23 Labeling approval; pet food and specialty pet food {#sec-1-crr-ny-257.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.23}

The commissioner may require approval of any labeling on or for any pet food or specialty pet food.

1 CRR-NY 257.24 Records and reports {#sec-1-crr-ny-257.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.24}

For the purpose of administering the law, any manufacturer of any commercial feed and any distributor of any commercial feed, including pet food and specialty pet food, shall maintain and furnish upon request by the commissioner or his authorized representative, such records and reports as the commissioner deems necessary to indicate the accuracy of any registration of a commercial feed manufacturing facility, any registration of a pet food or specialty pet food, the tonnage of commercial feed distributed, and any other records and reports required for the enforcement of the law or of this Part.

1 CRR-NY 257.25 Animal proteins prohibited in ruminant feed {#sec-1-crr-ny-257.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 257.25}

(a) For the purposes of article 8 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, section 589.2000 (revised as of April 1, 2001; U.S. Government Printing Office, Washington, DC 20402) at pages 533-535, entitled Animal proteins prohibited in ruminant feed, prohibiting the use of certain animal proteins in ruminant feed.

(b) Copies of this regulation, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, Capital Plaza, One Winners Circle, Albany, NY 12235, and at the Department of State, 41 State Street, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

Part 258 PERSONS CERTIFYING FOOD AS HALAL

1 CRR-NY 258.1 Statement of qualifications of persons certifying food as halal {#sec-1-crr-ny-258.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 258.1}

Every person (including an individual, partnership, corporation, and association) who certifies non-prepackaged food as halal shall file with the Department of Agriculture and Markets a statement, upon a form provided by the department, of that person's qualifications to certify food as halal. Such statement may include the certifier's background, training, education, experience and any other information that shows the certifier's qualifications. The form may be filed electronically on the department's website at http://www.agmkt.state.ny.us/ or by mail or fax to the New York State Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235.

1 CRR-NY 258.2 Registration of persons certifying non-prepackaged food as halal {#sec-1-crr-ny-258.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 258.2}

Every person (including an individual, partnership, corporation and association) who manufactures, produces, processes, packs or sells non-prepackaged food represented or branded as halal shall file with the Department of Agriculture and Markets, upon a form provided by the department, the name, address and telephone number of the person certifying the food as halal. The form may be filed electronically on the department's website at http://www.agmkt.state.ny.us/ or by mail or fax to the New York State Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235.

Part 259 PACKAGING AND LABELING OF FOOD

1 CRR-NY 259.1 Packaging and labeling of food {#sec-1-crr-ny-259.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 259.1}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current regulations as they appear in title 21 of the Code of Federal Regulations (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), in the area of food packaging and labeling as follows:

(1) Part 1 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for General Enforcement Regulations at pages 5-50.

(2) Part 100 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for food packaging and labeling General at pages 5-10.

(3) Part 101 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Food Labeling (including Appendices) at pages 10-172.

(4) Part 102 of title 21 of the Code of Federal Regulations, containing the Federal definitions and standards for Common or Usual Name for Nonstandardized Foods at pages 173-180.

(b) Copies of these regulations, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

Part 260 CURRENT GOOD MANUFACTURING PRACTICE, HAZARD ANALYSIS, AND RISK-BASED PREVENTIVE CONTROLS FOR HUMAN FOOD

1 CRR-NY 260.1 Standards {#sec-1-crr-ny-260.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 260.1}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, the Commissioner of the Department of Agriculture and Markets hereby adopts part 117 of title 21 of the Code of Federal Regulations (revised as of April 1, 2016; U.S. Government Printing Office, Washington, D.C. 20402), except that each reference therein to the terms:

(1) FDA shall be deemed to be a reference to the Department of Agriculture and Markets;

(2) FDA District Director and to Director and to Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition shall be deemed to be a reference to the Director of the Division of Food Safety and Inspection of the Department of Agriculture and Markets;

(3) Secretary and to Commissioner of Food and Drugs shall be deemed to be a reference to the Commissioner of the Department of Agriculture and Markets unless the context clearly indicates that each such term should have the meaning ascribed to it in title 21 of the Code of Federal Regulations section 117.3.

(b) Notwithstanding the provisions of subdivisions (a) of this section:

(1) the Commissioner of the Department of Agriculture and Markets does not adopt section 117.201 of subpart D, and does not adopt subpart E, of part 117 of title 21 of the Code of Federal Regulations; and

(2) part 117 of title 21 of the Code of Federal Regulations does not apply to a milk plant or transfer station that is an interstate milk shipper listed in the document entitled Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers, published by the U.S. Department of Health and Human Services, unless such listing has been properly withdrawn.

(c) Every term used in this section that is defined or given meaning in title 21 of the Code of Federal Regulations part 117 shall be construed as set forth therein.

(d) A copy of title 21 of the Code of Federal Regulations containing part 117 is maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, New York 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, New York 12231, and is available for public inspection and copying during regular business hours.

(e) This section shall take effect on September 1, 2017, except that small businesses are not required to comply with part 117 of title 21 of the Code of Federal Regulations, as adopted pursuant to and consistent with subdivisions (a) and (b) of this section, until September 18, 2017, and very small businesses and qualified facilities are not required to comply therewith until September 18, 2018.

Part 261 SHELL EGGS; ACIDIFIED FOODS

1 CRR-NY 261.1 Shell eggs {#sec-1-crr-ny-261.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 261.1}

(a) Except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner of agriculture and markets, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, part 118 (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), at pages 300-310, entitled Production, Storage, and Transportation of Shell Eggs.

(b) A copy of title 21 of the Code of Federal Regulations containing part 118 is maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and is available for public inspection and copying during regular business hours.

1 CRR-NY 261.2 Acidified foods {#sec-1-crr-ny-261.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 261.2}

(a) Except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner of agriculture and markets, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, part 114 (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), at pages 291-297, entitled Acidified Foods.

(b) A copy of title 21 of the Code of Federal Regulations containing part 114 is maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and is available for public inspection and copying during regular business hours.

1 CRR-NY 261.3 Exclusions {#sec-1-crr-ny-261.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 261.3}

(a) The following establishments, businesses and operations are excluded from coverage under this Part:

(1) Establishments covered by Part 273 of this Title.

(2) Those businesses operating subject to Federal or State meat and poultry inspection laws and/or the rules and regulations promulgated thereunder.

(3) Those establishments now or in the future to be covered by specific rules and regulations promulgated pursuant to the Agriculture and Markets Law of the State of New York, including but not limited to Parts 16, 32, 36, 240, 256, 258, 270 and 275 of this Title.

(b) The commissioner, however, may promulgate and adopt special or specific rules and regulations when he or she believes it necessary to cover or control the operations excluded by the provisions of subdivision (a) of this section.

1 CRR-NY 261.4-261.7 [Repealed] {#sec-1-crr-ny-261.4-261.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 261.4-261.7}

1 CRR-NY 261.8 [Repealed] {#sec-1-crr-ny-261.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 261.8}

1 CRR-NY 261.9 [Repealed] {#sec-1-crr-ny-261.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 261.9}

1 CRR-NY 261.10 [Repealed] {#sec-1-crr-ny-261.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 261.10}

1 CRR-NY 261.11 [Repealed] {#sec-1-crr-ny-261.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 261.11}

1 CRR-NY 261.12 [Repealed] {#sec-1-crr-ny-261.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 261.12}

Part 262 FISH PROCESSING AND SMOKING ESTABLISHMENTS

1 CRR-NY 262.1 Definitions {#sec-1-crr-ny-262.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 262.1}

The definitions contained in section 261.1 of this Title and in section 198 of the Agriculture and Markets Law shall be applicable to such terms when used in this Part. The following definitions shall also apply:

(a) Fish means any kind of fresh or salt water fish, or seafood, without limitation.

(b) Seafood means all edible aquatic organisms other than finfish and shall include, but not be limited to, shellfish (crustaceans and mollusks) such as shrimp, lobsters, crabs, clams, mussels, oysters, scallops and snails.

(c) Processed fish means fish that has been cured, salted, marinated, dried, or smoked as food for human consumption. This term shall include smoked fish, salted fish, salt cured/air dried fish, marinated fish, pickled fish, and fermented fish, but shall not include processed fish produced in accordance with Part 277 of this Title, “Rules and Regulations Relating to Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers,” or in accordance with title 21 of the Code of Federal Regulations part 114, Acidified Foods, pages 291-297 (revised as of April 1, 2013), which are incorporated by reference herein. Copies of the Code of Federal Regulations may be obtained from the U.S. Government Printing Office, Washington, DC 20402. The material incorporated by reference herein is available for public inspection and copying at the offices of the New York State Department of Agriculture and Markets, Division of Food Inspection Services, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231.

(d) Smoked fish means fish which, for the prime purpose of taking on the flavor and/or color of smoke, has been subjected to the direct action of smoke or smoke flavor from the burning of wood, sawdust, or similar burning material or immersed in or sprayed with a smoke-flavored solution.

(e) Hot process smoked fish means a smoked fish that has been produced by subjecting it to heat during smoke processing.

(f) Cold process smoked fish means a smoked fish that has been produced by subjecting it to smoke at a temperature where the product undergoes only incomplete heat coagulation of protein.

(g) Loin muscle means the longitudinal quarter of the great lateral muscle freed from skin scales, visible blood clots, bones, gills, and viscera and from the nonstriated part of such muscle, which part is known anatomically as the median superficial muscle.

(h) Water phase salt means the percent salt (sodium chloride) in the finished product as determined by the method described in the Official Method of Analysis of the Association of Official Analytical Chemists, 14th edition (1984), sections 18.034 (page 335) and 18.035 (page 335), under “Volumetric Method—Final Action,” and sections 50.027 (page 1006), 50.030(b) (page 1006), and 50.003 (page 1002) referenced therein, all of which are incorporated by reference herein, multiplied by 100 and divided by the percent salt (sodium chloride) plus the percent moisture in the finished product, as determined by the method described in the AOAC, 14th edition (1984), section 18.023 (pages 333-334), under “Solids (Total) in Seafoods, Gravimetric Method—Final Action, For All Marine Products Except Raw Oysters,” which section is incorporated by reference herein. Copies of said material may be obtained from the Association of Official Analytical Chemists, Inc., 1111 North Nineteenth St., Suite 210, Arlington, VA 22209 and such material is available for public inspection and copying at the offices of the New York State Department of Agriculture and Markets, Division of Food Inspection Services, Capital Plaza, One Winners Circle, Albany, NY 12235.

(i) Sodium nitrite content means the concentration, in parts per million, of sodium nitrite in the loin muscle of the finished product as determined by the method described in the Official Methods of Analysis of the Association of Official Analytical Chemists, 14th edition (1984), sections 24.044 (page 436) and 24.045 (page 436) under “Nitrites in Cured Meat Colorimetric Method—First Action,” which sections are incorporated by reference herein and are available as set forth in subdivision (g) of this section.

(j) Competent processing authority means a qualified person who has expert knowledge acquired through appropriate training and experience in the production of processed fish.

1 CRR-NY 262.2 Current good manufacturing practices {#sec-1-crr-ny-262.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 262.2}

Sections 261.3 through 261.8 of this Title, relating to human foods, current good manufacturing practices, shall apply in determining whether the facilities, practices and controls used in manufacture, processing, packing or holding of fish are in conformance with or are operated or administered in conformity with good manufacturing practices to assure that processed fish for human consumption is safe and has been prepared, packed, and held under sanitary conditions. This Part sets forth additional requirements for processed fish and smoked fish establishments.

1 CRR-NY 262.3 Raw materials {#sec-1-crr-ny-262.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 262.3}

(a) Fresh fish received shall be inspected and adequately washed before processing. Only sound, wholesome fish free from adulteration and organoleptically detectable spoilage shall be processed.

(b) Every lot of fish that has been partially processed in another plant, including frozen fish, shall be adequately inspected, and only clean wholesome fish shall be processed.

(c) Fresh or partially processed fish, except those to be immediately processed, shall be iced or otherwise refrigerated to an internal temperature of 38 degrees Fahrenheit or below upon receipt and shall be maintained at that temperature until the fish are to be processed.

(d) All fish received in a frozen state shall be either thawed promptly and processed, or stored at a temperature that will maintain it in a frozen state.

(e) The defrosting of frozen fish shall be conducted in a sanitary manner and by such methods that the wholesomeness of the fish is not adversely affected.

(f) After thawing, fish shall be washed thoroughly with a vigorous potable water spray or a continuous waterflow system.

(g) All fish shall be free of viscera prior to processing, except:

(1) small species of fish, such as anchovies, and herring sprats, provided they are processed in an adequate fashion and will contain a water phase salt level of at least 10 percent, a water activity below.85, or a pH of 4.6 or less; and

(2) fermented fish, provided they are processed in an adequate fashion and will contain a water phase salt level of at least 17 percent; and

(3) fully cooked seafoods.

(h) The evisceration of fish shall be conducted in an area that is segregated and separate from other processing operations. The evisceration shall be performed with minimal disturbance of the intestinal tract contents. The fish, including the body cavity, shall be washed thoroughly with a vigorous spray or a continuous water flow system following evisceration.

1 CRR-NY 262.4 Operations and controls for processed fish {#sec-1-crr-ny-262.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 262.4}

(a) All operations involving the receiving, holding processing and packaging of processed fish shall be conducted utilizing clean and sanitary methods and shall be conducted as rapidly as practicable and at temperatures that will not cause any material increase in bacterial or other microorganic content or any deterioration or contamination of such processed fish.

(b) All processed fish, except vacuum packaged or modified atmosphere packaged smoked fish produced pursuant to section 262.5 of this Part, shall be produced pursuant to a scheduled process established by a competent processing authority. A copy of said scheduled process or the process set forth in section 262.5 of this Part which is utilized shall be available for examination in each fish processing establishment. Each scheduled process shall identify the name and address of the competent processing authority by whom it was established. The scheduled process shall include processing methods, procedures and controls for each product, as well as packaging and labeling requirements. Whenever a deviation in a scheduled process, or in a process set forth in section 262.5 occurs, as disclosed by records, processor check or otherwise, the processor shall destroy all product affected by said deviation or hold it for a determination as to whether it is adulterated within the meaning of section 200 of the Agriculture and Markets Law. Notwithstanding anything contained in this Part, the production of processed fish pursuant to a scheduled process or pursuant to section 262.5 of this Part shall not preclude said product, if the facts warrant such action, from being deemed adulterated or misbranded pursuant to sections 200 and 201 of the Agriculture and Markets Law or any other applicable statute or regulation.

(c) All processed fish shall be distributed and sold at temperatures that do not exceed 38 degrees Fahrenheit, except that:

(1) processed fish that have a water phase salt level of at least 17 percent shall not require refrigerated storage; and

(2) processed fish which contain a water phase salt level of at least 10 percent, a water activity of less than.85, or a pH of 4.6 or lower may be distributed or sold at refrigerated temperatures that do not exceed 45 degrees Fahrenheit.

(d) Thermometers or other temperature monitoring devices accurate to within plus or minus 2 degrees Fahrenheit shall be installed in coolers, freezers, vehicles, or other refrigerated areas where fish or processed fish are processed, held or displayed.

(e) Unless produced pursuant to the provisions of section 262.5 of this Part, processed fish shall be vacuum packaged or modified atmosphere packaged only if produced pursuant to a scheduled process which specifies vacuum packaging or modified atmosphere packaging.

(f) The vacuum packaging or modified atmosphere packaging of processed fish shall be conducted only within the facilities in which the product was produced.

(g) Processed fish to be vacuum packaged or modified atmosphere packaged shall be analyzed chemically with sufficient frequency to assure that the required water phase salt and sodium nitrite is obtained in every fish and that other chemical additives are present at acceptable levels.

1 CRR-NY 262.5 Processing operations for vacuum packaged or modified atmosphere packaged smoked fish {#sec-1-crr-ny-262.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 262.5}

Unless otherwise provided by a scheduled process, the following additional requirements shall apply to vacuum packaged or modified atmosphere packaged smoked fish.

(a) Brining of fish for smoking shall be carried out so that the temperature of the brine does not exceed 60 degrees Fahrenheit at the start of brining. If the brining time exceeds 4 hours, the brining shall take place in a refrigerated area of 38 degrees Fahrenheit or lower. For dry salting, the fish shall be returned to a refrigerated area of 38 degrees Fahrenheit or lower immediately after the salting step.

(b) Brining tanks shall be cleaned and sanitized prior to use. Different species of fish shall not be mixed in the same tank, and brines shall not be reused unless there is an adequate process available to return the brine to an acceptable microbiological level.

(c) Fish to be smoked shall be arranged without overcrowding or touching each other within the smokehouse oven or chamber to allow for uniform smoke absorption, heat exposure, and dehydration.

(d) Liquid smoke, generated smoke, or a combination of liquid smoke and generated smoke shall be applied to all surfaces of fish to be smoked. Liquid smoke may be applied to the product prior to, at the commencement of or during the process while generated smoke shall be applied to the fish during the first half of the process and longer if necessary. If a combination of liquid smoke and generated smoke is used, the procedures for liquid smoke shall be followed and the generated smoke may be applied at any stage of the process.

(e) Vacuum packaged or modified atmosphere packaged hot process smoked fish shall be produced by a controlled process that utilizes a monitoring system such as calibrated probes or dial thermometers to assure that all products reach the required temperature. The temperature readings shall be obtained by inserting an accurate temperature indicating device into the thickest flesh portion of three or more of the largest fish in the smokehouse compartment. The coldest reading thus obtained shall be recorded in a fish smoking record as being the internal temperature of fish being smoked. The internal temperature of fish being smoked shall be obtained and recorded with the time taken at least three times during the operation of heating each load or batch of fish to assure that the required heat treatment has been accomplished. Each batch of smoked fish shall be identified as to the specific oven load, product temperature obtained, and date processed. The temperature monitoring system shall be accurate to within 2 degrees Fahrenheit.

(f) Vacuum packaged or modified atmosphere packaged hot process smoked fish shall be produced by a controlled process whereby each fish or fish portion shall be heated to an internal temperature of 145 degrees Fahrenheit or higher and maintained at 145 degrees Fahrenheit or higher for 30 minutes or longer. The smoked fish shall be brined to contain at least 3.5 percent water phase salt in the loin muscle of the finished product, except that vacuum packaged or modified atmosphere packaged hot process smoked fish which contain 100-200 parts per million sodium nitrite shall contain at least 3.0 percent water phase salt in the loin muscle of the finished product when processed in this fashion. Vacuum packaged or modified atmosphere packaged seafood processed in this fashion shall be brined to contain at least 3.5 percent water phase salt in the flesh portion of the product.

(g) Vacuum packaged or modified atmosphere packaged cold process smoked fish shall be produced by one of the following processes:

(1) Vacuum packaged or modified atmosphere packaged cold process smoked fish shall be produced by a controlled process that utilizes a temperature monitoring system positioned within the smoking chamber and results in a temperature that shall not exceed 90 degrees Fahrenheit during the drying and smoking period, which period shall not exceed 20 hours. The smoked fish shall be brined to contain at least 3.5 percent water phase salt in the loin muscle of the finished product except that vacuum packaged or modified atmosphere packaged cold process smoked fish which contain 100-200 parts per million sodium nitrite shall contain at least 3.0 percent water phase salt in the loin muscle of the finished product when processed in this fashion; or

(2) Vacuum packaged or modified atmosphere packaged cold process smoked fish shall be produced by a controlled process that utilizes a temperature monitoring system positioned within the smoking chamber and results in a temperature that does not exceed 50 degrees Fahrenheit during the drying and smoking period, which period shall not exceed 24 hours. The smoked fish shall be brined to contain at least 3.5 percent water phase salt in the loin muscle of the finished product except that vacuum packaged or modified atmosphere packaged cold process smoked fish which contain 100-200 parts per million sodium nitrite shall contain at least 3.0 percent water phase salt in the loin muscle of the finished product when processed in this fashion; or

(3) Vacuum packaged or modified atmosphere packaged cold process smoked sablefish shall be produced by a controlled process that utilizes a temperature monitoring system positioned within the smoking chamber and results in a temperature that shall not exceed 120 degrees Fahrenheit during the drying and smoking period, which period shall not exceed 6 hours. The smoked fish shall be brined to contain at least 3.5 percent water phase salt in the loin muscle of the finished product except that vacuum packaged or modified atmosphere packaged cold process smoked sablefish which contain 100-200 parts per million sodium nitrite shall contain at least 3.0 percent water phase salt in the loin muscle of the finished product when processed in this fashion.

(h) Vacuum packaged or modified atmosphere packaged smoked fish shall be immediately cooled after processing to 50 degrees Fahrenheit or below within 5 hours and further cooled to a temperature of 38 degrees Fahrenheit or below within 12 hours after processing.

1 CRR-NY 262.6 Exemptions {#sec-1-crr-ny-262.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 262.6}

Finnan haddie, smoked cod fillets, smoked scotch kippers and any other smoked fish which are cooked before being consumed need not be processed pursuant to the processing requirements of sections 262.4(b)(c)(d) and 262.5 of this Part. However, such products shall be processed pursuant to the good manufacturing practices set forth in section 262.2 of this Part, and shall be clearly marked or labeled indicating that they are to be cooked prior to consumption.

1 CRR-NY 262.7 Records {#sec-1-crr-ny-262.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 262.7}

(a) Every operator of a fish processing plant shall keep a record of every transaction involving the sale and distribution of processed fish. Such records, in addition to the names and addresses of the persons or firms involved in the transaction, shall contain the code numbers of each lot involved.

(b) Fish processing records shall be legibly written in English and shall identify the processing procedure, the product processed, process time, temperature and the results of the chemical examination described in subdivision (c) of this section, together with the identifying lot code, the number of containers per coding interval, the size of the containers coded and the year, day and period when each lot was packed.

(c) Records shall be maintained for the chemical examination of finished product for the purpose of validating the water phase salt and sodium nitrite requirements set forth in section 262.5(f) and (g) of this Part or which are required by a scheduled process established pursuant to section 262.4(b) of this Part.

(d) All data and pertinent information relative to the scheduled process or process set forth in section 262.5 of this Part used to produce processed fish shall be made readily available to New York State Department of Agriculture and Markets personnel upon request.

1 CRR-NY 262.8 Packaging and labeling of processed fish {#sec-1-crr-ny-262.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 262.8}

(a) The finished product shall be handled only with clean, sanitized hands, gloves, or utensils. Manual manipulation of the finished product shall be kept to a minimum.

(b) The finished product shall be stored and handled in a segregated area apart from unprocessed fish and equipment used for unprocessed fish.

(c) Shipping containers, retail packages, and shipping records relating to processed fish shall indicate, by appropriate labeling, the perishable nature of the product. Frozen product shall clearly indicate that the product shall remain frozen until thawed at refrigerated temperatures and shall not be refrozen. Refrigerated product shall clearly and conspicuously state “Keep Refrigerated at 38 degrees Fahrenheit or Below.”

(d) Each container of processed fish shall be marked with an identifying code which shall be permanently visible to the naked eye. Where the container does not permit the code to be embossed or inked, the label may be legibly perforated or otherwise marked, provided that in all instances the label shall be securely affixed to the product container. The required identification shall identify in code the establishment where packed, the product contained therein, the year packed, the day packed and the period during which packed. The packing period code shall be changed with sufficient frequency to enable ready identification of lots during their sale and distribution.

1 CRR-NY 262.9 Sale of processed fish {#sec-1-crr-ny-262.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 262.9}

No person shall sell, offer or expose for sale any processed fish in New York State unless such processed fish has been processed and labeled in accordance with the requirements of this Part and any other applicable statutes or regulations.

1 CRR-NY 262.10 Severability {#sec-1-crr-ny-262.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 262.10}

If any provision of this Part or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgement shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.

Subchapter D STANDARDS OF IDENTITY FOR CEREAL FLOURS AND RELATED PRODUCTS, MILLED RICE, MACARONI AND NOODLE PRODUCTS, BAKERY PRODUCTS AND OLIVE OIL (ARTICLE 17-A AGRICULTURE AND MARKETS LAW)

Part 265 CEREAL FLOURS AND RELATED PRODUCTS

1 CRR-NY 265.1 Cereal flours and related products {#sec-1-crr-ny-265.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 265.1}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, part 137 (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), at pages 422-437, entitled Cereal Flours and Related Products, establishing requirements for specific standardized cereal flours and related products.

(b) Copies of this regulation, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

Part 266 MACARONI AND NOODLE PRODUCTS

1 CRR-NY 266.1 Macaroni and noodle products {#sec-1-crr-ny-266.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 266.1}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, part 139 (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), at pages 437-448, entitled Macaroni and Noodle Products, establishing requirements for specific standardized macaroni and noodle products.

(b) Copies of this regulation, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

1 CRR-NY 266.2 to 266.10 to 266.10 [Repealed] {#sec-1-crr-ny-266.2-to-266.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 266.2 to 266.10}

Part 267 BAKERY PRODUCTS

1 CRR-NY 267.1 Bakery products {#sec-1-crr-ny-267.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 267.1}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, part 136 (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), at pages 418-422, entitled Bakery Products, establishing requirements for specific standardized bakery products.

(b) Copies of this regulation, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

1 CRR-NY 267.2 [Repealed] {#sec-1-crr-ny-267.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 267.2}

Part 268 FOOD PRODUCTS CONTAINING NITROUS OXIDE

1 CRR-NY 268.1 Purpose {#sec-1-crr-ny-268.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 268.1}

This Part shall be construed and applied to promote its underlying purpose of protecting the public health by requiring that food products containing nitrous oxide which are offered for sale directly to consumers be offered for sale in tamper-evident packaging.

1 CRR-NY 268.2 Definition {#sec-1-crr-ny-268.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 268.2}

Tamper-evident packaging shall mean packaging having an indicator or barrier to entry which, if breached or missing, can reasonably be expected to provide visible evidence to consumers that tampering has occurred. If a breached or missing indicator or barrier would not, in and of itself, provide consumers with such evidence, the packaging may still qualify as tamper-evident if, in conjunction with such device, a printed statement is prominently displayed on the product label so as to alert the consumer of the original presence of the indicator or barrier.

1 CRR-NY 268.3 Prohibition {#sec-1-crr-ny-268.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 268.3}

No person, corporation or other entity shall sell, offer or expose for sale directly to consumers food products containing nitrous oxide except in tamper-evident packaging.

1 CRR-NY 268.4 Required features of tamper-evident packaging {#sec-1-crr-ny-268.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 268.4}

To prevent the substitution of the tamper-evident feature after tampering, the indicator or barrier to entry is required to be distinctive by design or by the use of an identifying characteristic. The tamper-evident feature must remain intact when handled in a reasonable manner during manufacture, distribution, and retail display and provide a visual indication of package integrity.

Part 269 OLIVE OIL AND RELATED PRODUCTS

1 CRR-NY 269.1 Olive oil and related products: identities; label statements {#sec-1-crr-ny-269.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 269.1}

(a) Standards of identity.

(1) Olive oil means the olive oil obtained solely from the fruit of the olive tree (Olea Europaea L.) without the use of solvents or re-esterification processes. Olive oil may consist wholly, or as a blend, of virgin olive oil and refined olive oil, as defined in paragraphs (3) and (4) of this subdivision. Olive oil has a free acidity, expressed as oleic acid, of not more than 1 gram per 100 grams and is light yellow to green in color.

(2) Olive-pomace oil means oil obtained by treating olive pomace (the pulpy material remaining from the fruit of the olive tree after olive oil has been extracted therefrom) with solvents or other physical treatments and is dark green, brown, or black in color.

(3) Virgin olive oil means olive oil obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions that do not lead to alterations in the oil, and which has not undergone treatment other than washing, decanting, centrifuging and filtration. Virgin olive oil may not contain preservatives, artificial colors, or food additives. Virgin olive oils include and are not limited to:

(i) Extra virgin olive oil, which means virgin olive oil that has a free acidity, expressed as oleic acid, of not more than 0.8 gram per 100 grams and is yellow to green in color.

(ii) Virgin olive oil, which means virgin olive oil that has a free acidity, expressed as oleic acid, of not more than 2 grams per 100 grams and is yellow to green in color.

(iii) Ordinary virgin olive oil, which means virgin olive oil that has a fee acidity, expressed as oleic acid, of not more than 3.3 grams per 100 grams.

(4) Refined olive oil means the olive oil obtained from virgin olive oil by a refining method which does not lead to alterations in the initial glyceridic structure, has a fee acidity, expressed as oleic acid, of not more than 0.3 gram per 100 grams and is light yellow in color.

(5) Refined olive-pomace oil means the oil obtained from olive-pomace oil, as defined in paragraph (2) of this subdivision, by a refining method which does not lead to alterations in the initial glyceridic structure, has a free acidity, expressed as oleic acid, of no more than 0.3 gram per 100 grams, is odorless and flavorless and is light yellow to brownish yellow in color.

(b) Alpha-tocopherol may be added to refined olive oil, olive oil, refined olive-pomace oil and olive-pomace oil to restore natural tocopherol lost in the refining process. The concentration of alpha-tocopherol in the final product shall not exceed 220 mg/kg.

(c) Nomenclature: label statement.

The name of the foods defined in paragraphs (a)(1) and (2) of this section are, respectively, “olive oil” and “olive-pomace oil.” The name of the foods defined in subparagraphs (a)(3)(i)-(iii) of this section are respectively, “extra virgin olive oil,” “virgin olive oil,” and “ordinary virgin olive oil.” The names of the foods defined in paragraphs (a)(4) and (5) of this section are, respectively, “refined olive oil,” and “refined olive-pomace oil.”

Part 270 MAPLE SYRUP

1 CRR-NY 270.1 Maple syrup: identities; label statements {#sec-1-crr-ny-270.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 270.1}

(a) Definitions.

For the purpose of this section, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

(1) Light transmittance means the fraction of incident light at a specified wavelength that passes through a representative sample of a particular sub-grade of Grade A maple syrup.

(2) Soluble solids, expressed as a percentage, means the proportion of maple sap solids in the applicable solvent.

(3) Tc means the percentage of light transmission through maple syrup, measurable by a spectrophotometer, using matched square optical cells having a 10-millimeter light path at a wavelength of 560 nanometers, the color values being expressed in percent of light transmission as compared to A.R. Glycerol fixed at 100 percent transmission.

(b) Standards of identity.

(1) Maple syrup is the liquid made by the evaporation of pure sap or sweet water obtained by tapping a maple tree. Maple syrup contains minimum soluble solids of 66.0 percent and maximum soluble solids of 68.9 percent. Maple syrup includes, and is either, Grade A Maple Syrup or Processing Grade Maple Syrup, as defined in paragraphs (2) and (3) of this subdivision.

(2) Grade A maple syrup means maple syrup that is not fermented, is not turbid, and contains or has no objectionable odors, off-flavors or sediment. Grade A maple syrup must fall within one of the color and taste sub-grades of Grade A maple syrup set forth in subparagraph (i), (ii), (iii), or (iv) of this paragraph.

(i) Grade A golden color and delicate taste maple syrup has a uniform light golden color, a delicate to mild taste, and a light transmittance of 75 percent Tc or more.

(ii) Grade A amber color and rich taste maple syrup has a uniform amber color, a rich or full-bodied taste, and a light transmittance of 50 percent - 74.9 percent Tc.

(iii) Grade A dark color and robust taste maple syrup has a uniform dark color, a robust or strong taste, and a light transmittance of 25 percent - 49.9 percent Tc.

(iv) Grade A very dark and strong taste maple syrup has a uniform very dark color, a very strong taste, and a light transmittance of less than 25 percent Tc.

(3) Processing grade maple syrup means maple syrup that does not meet the requirements for Grade A maple syrup set forth in paragraph (2) of this subdivision. Processing Grade Maple Syrup may not be sold, offered for sale or distributed in retail food stores or directly to consumers for household use.

(c) Nomenclature label statement.

(1) The name of the food defined in paragraph (b)(2) of this section is “Grade A Maple Syrup”. The name “Grade A Maple Syrup” must conspicuously appear on the principal display panel of the food’s label, and the words “golden color and delicate taste”, “amber color and rich taste”, “dark color and robust taste”, or “very dark color and strong taste”, as appropriate, must also conspicuously appear on the food’s principal display panel in close proximity to the food’s name and in a size reasonably related to the size of the name of the food.

(2) The name of the food defined in paragraph (b)(3) of this section is “Processing Grade Maple Syrup”. The name “Processing Grade Maple Syrup” must conspicuously appear on the principal display panel of the food’s label, and the words “For Food Processing Only” and “Not for Retail Sale” must also conspicuously appear on the food’s principal display panel in close proximity to the food’s name and in a size reasonably related to the size of the name of the food.

1 CRR-NY 270.2-270.14 [Repealed] {#sec-1-crr-ny-270.2-270.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 270.2-270.14}

Subchapter E RETAIL FOOD STORES (ARTICLE 19 AGRICULTURE AND MARKETS LAW)

Part 271 RETAIL FOOD STORE SANITATION REGULATIONS

Subpart 271-1 GENERAL PROVISIONS

1 CRR-NY 271-1.1 Purpose {#sec-1-crr-ny-271-1.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-1.1}

This Part shall be liberally construed and applied to promote its underlying purpose of protecting the public health.

1 CRR-NY 271-1.2 Definitions {#sec-1-crr-ny-271-1.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-1.2}

For the purpose of this Part, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

(a) Bulk food means processed or unprocessed food in aggregate containers from which quantities desired by the consumer are withdrawn. For the purpose of this interpretation, the term does not include fresh fruits, fresh vegetables, nuts in the shell, salad bars and potentially hazardous foods, except for raw, frozen, shell-on shrimp or lobster.

(b) Bulk food display area means a location or locations, including physical facilities and equipment, where bulk food is offered for customer self-service.

(c) Comminuted means reduced in size by methods including chopping, flaking, grinding or mincing. Comminuted includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef and sausage; and a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats.

(d) Corrosion-resistant materials means those materials that maintain acceptable sanitary surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

(e) Easily cleanable means that surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

(f) Employee means the license holder, individual having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement or any other person working in a food store.

(g) Equipment means items other than utensils used in the storage, preparation, display and transportation of food such as stoves, ovens, hoods, slicers, grinders, mixers, scales, meat blocks, tables, food shelving, reach-in refrigerators and freezers, sinks, ice makers and similar items used in the operation of a retail store. This item does not include forklift trucks or dollies.

(h) Especially vulnerable consumer means a consumer who, due to age, health, physical condition or other reason, is at a significantly greater risk of illness than a member of the general population. Especially vulnerable consumer includes, but is not limited to, pregnant women, elderly persons, young children and immuno-compromised individuals.

(i) Fish means fresh or saltwater finfish, crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption. Fish includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

(j) Food means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

(k) Food-contact surfaces means those surfaces of equipment and utensils with which food normally comes into contact, and those surfaces from which food may drain, drip or splash back onto surfaces normally in contact with food.

(l) Food service establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided, whether consumption occurs on or off the premises, or whether or not there is a charge for the food. The term includes delicatessens that primarily offer prepared food in individual service portions; that is, over 50 percent of the dollar value of the business is classed as food service with a minor portion related to sales as a food store; food service operations where a distinct group mutually provides, prepares, serves and consumes the food such as a covered-dish supper limited to a congregation, club or fraternal organization; the location of food vending machines; and supply vehicles.

(m) Game animal means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule or other equine in 9 CFR subchapter A — Mandatory Meat Inspection, part 301, as Poultry in 9 CFR subchapter C — Mandatory Poultry Products Inspection, part 381, or as fish. Game animal includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria or muskrat and nonaquatic reptiles such as land snakes. Game animal does not include ratites such as ostrich, emu and rhea.

(n) HACCP Plan means a written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.

(o) Hazard means a biological, chemical or physical property that may cause an unacceptable consumer health risk.

(p) Hermetically sealed container means a container which is designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing.

(q) Packaged means bottled, canned, cartoned, bagged or securely wrapped.

(r) Person includes any individual, partnership, corporation, association or other legal entity.

(s) Person in charge means the individual present in a retail food store who is the supervisor of the retail food store at the time of inspection.

(t) Potentially hazardous food means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include: foods that have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less under standard conditions; food products in hermetically sealed containers commercially processed to prevent spoilage.

(u) Product module means a food contact container (multi-use or single-service) designed for customer self-service of bulk food by either direct or indirect means.

(v) Ready-to-eat food means food that is in a form that is edible without washing, cooking or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form. Ready-to-eat food includes:

(1) potentially hazardous food that is unpackaged and cooked to the temperature and time required for the specific food under this section;

(2) raw, washed, cut fruits and vegetables;

(3) whole, raw fruits and vegetables that are presented for consumption without the need for further washing, such as at a buffet; and

(4) other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks or shells are removed.

(w) Reduced oxygen packaging means the reduction of the amount of oxygen in a package by mechanically evacuating the oxygen; displacing the oxygen with another gas or combination of gases; or otherwise controlling the oxygen content in a package to a level below that normally found in the surrounding atmosphere, which is 21 percent oxygen. Reduced oxygen packaging includes methods that may be referred to as altered atmosphere, modified atmosphere, controlled atmosphere, low oxygen and vacuum packaging including sous vide.

(x) Retail food store means any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption. The term does not include establishments which handle only prepackaged, nonpotentially hazardous foods, roadside markets that offer only fresh fruits and fresh vegetables for sale, food service establishments, or food and beverage vending machines.

(y) Safe materials means articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food. If materials are food additives or color additives as defined in section 198(7) or (10) of the Agriculture and Markets Law as used, they are safe only if they are used in conformity with regulations established pursuant to section 409 or 706 of the Federal Food, Drug and Cosmetic Act. Other materials are safe only if, as used, they are not food additives or color additives as defined in section 198(7) or (10) of the Agriculture and Markets Law, and are used in conformity with all applicable regulations of the Department of Agriculture and Markets and the U.S. Food and Drug Administration.

(z) Sanitization means the application of accumulative heat or chemicals on cleaned food-contact surfaces that when evaluated for efficacy, is sufficient to yield a reduction of five logs, which is equal to a 99.999 percent reduction of representative disease microorganisms of public health importance.

(aa) Scheduled process means the process selected by an establishment operator as adequate for use under the conditions of manufacture for a food in achieving and maintaining a food that will not permit the growth of microorganisms which could cause food borne illness, and shall include controls of critical processing criteria established by a competent processing authority who has expert knowledge acquired through appropriate training and experience in the processing of potentially hazardous foods.

(ab) Sealed means free of cracks or other openings that permit the entry or passage of moisture.

(ac) Servicing area means a designated location or locations equipped for cleaning, sanitizing, drying or refilling product modules or for preparing food.

(ad) Single-service articles means items used by the retailer or consumer, such as cups, containers, lids and packaging materials, including bags and similar articles, intended for contact with food and designed for one-time use. The item does not include single-use articles such as number 10 cans, aluminum pie pans, bread wrappers and similar articles into which food has been packaged by the manufacturer.

(ae) Transportation (transported) means movement of food within the retail food store or delivery of food from that retail food store to another place while under the control of the person in charge.

(af) Utensil means any food-contact implement used in the storage, preparation, transportation or dispensing of food.

(ag) Variance means a written modification or waiver of a requirement of this Part granted by the department upon its determination that a health hazard or insanitary condition will not result from the granting of such a modification or waiver.

(ah) Warewashing means the cleaning and sanitizing of food-contact surfaces of equipment and utensils.

(ai) Whole-muscle intact beef means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.

Subpart 271-2 FOOD SUPPLIES

1 CRR-NY 271-2.1 General {#sec-1-crr-ny-271-2.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.1}

Food shall be in sound condition and safe for human consumption. Food shall be obtained from sources that comply with the applicable laws relating to food safety. Food prepared in a home that is subject to regulation under article 20-C of the Agriculture and Markets Law shall be subject to the current good manufacturing practices of Part 261 of this Title, unless exempted by said article 20-C. Unpackaged bulk food, except baked goods, service delicatessen items and self-service salad bar items, should be labeled with either:

(a) the manufacturer's or processor's bulk container labeling plainly in view; or

(b) a counter card, sign or other appropriate device, bearing prominently and conspicuously the common name of the product, a list of ingredients in proper order of predominance, and a declaration of artificial color or flavor and chemical preservatives if contained in the product (including specific color declaration as required in title 21 of the Code of Federal Regulations, part 74, as revised April 1, 2010, published by the Office of the Federal Register and available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402).

1 CRR-NY 271-2.2 Special requirements {#sec-1-crr-ny-271-2.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.2}

(a) Fluid milk and fluid milk products used or offered for sale shall comply with the Grade A standards promulgated by the commissioner and set forth in Part 2 of this Title, and shall be maintained at a temperature of 45°F or less. Dry milk and milk products used or offered for sale shall be made from pasteurized milk and milk products. All cheese must be made from pasteurized milk or aged for not less than 60 days at a temperature not less than 35°F in accordance with article 4, section 67-b of the Agriculture and Markets Law.

(b)

(1) Fresh and frozen shucked shellfish (oysters, clams or mussels) shall be received and/or repacked in clean, sanitary packages identified with the packer's and/or repacker's name, permit number prefixed with the initials of the state or foreign country that issued the permit, the date such shellfish were packed and/or repacked, the common name of the shellfish contained in the container, and the net weight or numerical count or standard measure of the shellfish contained in the container. The labels or containers may also include a shipper's or distributor's name and/or address, prefixed with either “distributed by” or “packed for.” In such case, only the packer's permit number need be included on such label.

(2) Each original container of unshucked shellfish (oysters, clams or mussels) shall be identified by an attached tag, to be retained for a period of 90 days from the day such container is emptied, that states the name and address of the original shellfish processor, the common name of the shellfish, and the net weight or numerical count or standard measure of shellfish, and the permit number issued by the state or foreign shellfish control agency, where applicable.

(c) Only clean shell eggs meeting applicable grade standards or pasteurized liquid, frozen or dry eggs, or pasteurized dry egg products shall be used or offered for sale. All containers in which shell eggs are held shall identify the source of such eggs. Shell eggs that have not been specifically treated to destroy all viable Salmonellae shall be stored, displayed and transported where the ambient temperature is 45°F or less. Containers of shell eggs packaged for direct sale to consumers shall be labeled with the following safe handling instructions: "To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yokes are firm, and cook foods containing eggs thoroughly."

(d) Only ice which has been manufactured from potable water and handled in a sanitary manner shall be used or offered for sale. Ice offered for sale shall be packaged.

(e) All cured, salted or smoked fish products possessed, packed, processed, sold, offered or exposed for sale, or otherwise utilized shall meet the requirements set forth in Part 262 of this Title and shall be maintained at temperatures that do not exceed 38°F, except that:

(1) cured, salted or smoked fish products that have a water phase salt level of at least 17 percent shall not require refrigeration; and

(2) cured, salted or smoked fish products which contain a water phase salt level of at least 10 percent, a water activity of .85 or less, or a pH of 4.6 or less, may be held at refrigerated temperatures that do not exceed 45°F.

(f) Mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by an approved mushroom identification expert prior to sale.

(g) If game animals are received for sale they shall be:

(1) Commercially raised for food and:

(i) slaughtered in accordance with the provisions of article 5-A of Agriculture and Markets Law, Licensing of Slaughterhouses; or

(ii) raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction; or

(iii) under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction; and

(iv) raised, slaughtered, and processed according to:

(a) laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program; and

(b) requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee;

(2) under a voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo or bison) that are "inspected and approved" in accordance with 9 CFR 352 Voluntary Exotic Animal Program or rabbits that are "inspected and certified" in accordance with 9 CFR 354 Rabbit Inspection Program;

(3) as allowed by law, for wild game animals that are live-caught:

(i) under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction; and

(ii) slaughtered and processed according to:

(a) laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program; and

(b) requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee; or

(4) as allowed by law, for field-dressed wild game animals under a routine inspection program that ensures the animals:

(i) receive a postmortem examination by an approved veterinarian or veterinarian's designee; or

(ii) are field-dressed and transported according to requirements specified by the agency that has animal health jurisdiction and the agency that conducts the inspection program; and

(iii) are processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program.

(5) A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 CFR 17 Endangered and Threatened Wildlife and Plants.

(6) The requirements of this subdivision shall not apply to deer or big game, or portions thereof, as defined in section 11-0103 of the Environmental Conservation Law, taken by lawful hunting and donated, possessed, prepared or served pursuant to section 11-0917 of the Environmental Conservation Law.

1 CRR-NY 271-2.3 Food protection—general {#sec-1-crr-ny-271-2.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.3}

At all times, including while being stored, prepared, displayed, dispensed, packaged or transported, food shall be protected from cross-contamination between foods and from potential contamination by insects, insecticides, rodents, rodenticides, probe-type price or probe-type identification tags, unclean equipment and utensils, unnecessary handling, flooding, draining and overhead leakage or condensation, or other agents of public health significance. The temperature of potentially hazardous foods shall be 41°F (5°C) or less or 135°F (57°C) or greater, at all times, except as otherwise provided in this Part. Hermetically sealed packages shall be handled so as to maintain product and container integrity. Food items that are spoiled or that are in damaged containers that may affect the product and those food items that have been returned to, or are being detained by, the retail food store because of spoilage, container damage or other public health considerations, shall be segregated and held in designated areas pending proper disposition unless disposed of under the supervision of the department.

1 CRR-NY 271-2.4 Emergency occurrences {#sec-1-crr-ny-271-2.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.4}

The person in charge of a retail food store that is affected by a fire, flood, extended power outage or a similar significant occurrence that creates a reasonable probability that food in the retail food store may have been contaminated or that the temperature level of food which is in a potentially hazardous form may have caused that food to become hazardous to health, shall take such action as is necessary to protect the public health and shall promptly notify the Department of Agriculture and Markets of the emergency.

1 CRR-NY 271-2.5 Food storage—general {#sec-1-crr-ny-271-2.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.5}

(a) Food packaged in an immediate closed container, once the container is opened in the retail food store prior to use or retail sale, shall be kept covered or otherwise protected from contamination. Food, whether raw or prepared, if removed from the immediate closed container in which it was originally packaged prior to use or retail sale, shall be stored in a clean, covered container, except during necessary periods of preparation. Whole and unprocessed fresh raw vegetables and fresh raw fruits shall be exempted from this requirement. Container covers shall be impervious and nonabsorbent. Primal cuts, quarters or slices of meat, or processed meat such as country hams, slab bacon, and smoked or cured sausages, may be hung uncovered on clean, sanitized hooks or placed on clean, sanitized metal racks in such a manner as to preclude contamination of any food products in storage.

(b) Containers of food shall be stored a minimum of six inches above the floor or stored on dollies, skids, racks or open-ended pallets, provided such equipment is easily movable, either by hand or with the use of pallet-moving equipment that is on the premises and used. Such storage areas shall be kept clean. Cased food packaged in cans, glass or other waterproof containers need not be elevated when the case of food is not exposed to floor moisture and the storage area is kept clean.

(c) Food and containers of food shall not be stored under exposed or unprotected sewer lines, or water lines that are leaking or on which condensed water has accumulated.

(d) Packaged foods shall not be stored in contact with water or undrained ice.

(e) A food ingredient, such as flour, sugar, salt, baking powder, cooking oil or vinegar, that is not stored in the original package and is not readily identifiable on sight, shall be stored in a container identifying it by a common name. Labels or marking devices shall be available to customers to identify their take-home containers with the common name of the product unless the product is readily identifiable on sight.

(f) Toilet rooms and their vestibules, and garbage or mechanical rooms should not be used for the storage of food.

1 CRR-NY 271-2.6 Refrigerated/frozen storage {#sec-1-crr-ny-271-2.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.6}

(a) Refrigeration units or effectively insulated units shall be provided in such number and of such capacity to assure the maintenance of potentially hazardous food at required temperatures during storage. Each mechanically refrigerated unit storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer, accurate to plus or minus 3°F (congruent to plus or minus 1°C). The sensing element shall be located to measure the air temperature in the unit at a location that is representative of the air temperature in the unit. The thermometer scale shall be located to be easily readable. Recording thermometers, accurate to plus or minus 3°F (congruent to plus or minus 1°C) may be used in lieu of indicating thermometers. In lieu of a thermometer, portable refrigeration units which rely on contact with refrigerated surfaces rather than airflow shall have product temperature monitored at sufficient frequency to ensure proper temperature.

(b) Potentially hazardous frozen foods shall be kept frozen and shall be stored at an air temperature of 0°F (congruent to minus 18°C) or below except for defrost cycles and brief periods of loading or unloading.

(c) Ice used as a cooling medium for food storage shall not be used or sold for human consumption.

1 CRR-NY 271-2.7 Hot storage {#sec-1-crr-ny-271-2.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.7}

(a) Hot food storage units shall be provided in such number and of such capacity to assure the maintenance of potentially hazardous food at the required temperature during storage. Each hot food storage unit storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer, accurate to plus or minus 3°F (congruent to plus or minus 1°C). The sensing element shall be located to measure the air temperature in the unit at a location that is representative of the temperature in the unit. The thermometer scale shall be located to be easily readable. Recording thermometers accurate to plus or minus 3°F (congruent to plus or minus 1°C) may be used in lieu of indicating thermometers where it is impractical to install thermometers on equipment such as heat lamps, calrod units or insulated food transport carriers, a food product thermometer shall be available and used to check internal food temperature.

(b) Potentially hazardous food to be transported shall be held at a temperature of 135°F (57°C) or greater unless maintained in accordance with the refrigerated storage requirements of this Part.

(c) Except during preparation, cooking, or cooling or when time is used as the public health control potentially hazardous food shall be maintained:

(1) 135°F (57°C) or greater;

(2) 41°F (5°C) or less, except as specified under paragraph (3) of this subdivision and section 271-2.2(a) and (e) of this Subpart;

(3) between 45°F (7°C) and 41°F (5°C) in existing refrigeration equipment that is not capable of maintaining the food at 41°F (5°C) or less if:

(i) the equipment is in place and in use in the food establishment; and

(ii) within 10 years of the department's adoption of these regulations, the equipment is upgraded or replaced to maintain food at a temperature of 41°F (5°C) or less.

1 CRR-NY 271-2.8 Food preparation—general {#sec-1-crr-ny-271-2.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.8}

(a) Ready-to-eat food shall be prepared and served with no bare-hand contact, unless such food will subsequently be heated to the minimum temperature required under section 271-2.10 of this Subpart or greater for foods that were not previously heated or, for foods that are being heated for a second or subsequent time, to a temperature of 165°F (73.9°C) or greater. Convenient and suitable utensils and/or sanitary gloves shall be provided and used to prepare or serve food in order to eliminate bare-hand contact and prevent contamination. Waxed paper napkins or equivalent barriers which prevent bare-hand contact may also be used to serve foods.

(b) The prohibition against bare-hand contact shall not apply to raw agriculture products other than cut dessert fruits and vegetables, and any produce which is utilized in ready-to-eat food service areas, such as salad bars and deli counters.

1 CRR-NY 271-2.9 Raw fruits and raw vegetables {#sec-1-crr-ny-271-2.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.9}

Raw fruits and raw vegetables that will be cut or combined with other ingredients or will be otherwise processed into food products by the retail food store shall be thoroughly cleaned with potable water before being used.

1 CRR-NY 271-2.10 Cooking potentially hazardous foods {#sec-1-crr-ny-271-2.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.10}

(a) Except as specified under subdivisions (b), (c) and (d) of this section, raw animal foods such as eggs, fish, meat, poultry and foods containing these raw animal foods, shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods based on the food that is being cooked:

(1) 145°F (63°C) or greater for 15 seconds for:

(i) raw shell eggs that are broken and prepared in response to a consumer's order and for immediate service unless an individual consumer requests preparation of a shell egg or eggs or a food containing a shell egg or eggs in a style such as raw, poached or fried, which must be prepared at a temperature of 145°F (63°C) or less in order to comply with such request; and

(ii) except as specified under paragraphs (2) and (3) of this subdivision and subdivision (b) of this section, fish, meat and pork including game animals commercially raised for food as specified under section 271-2.2(g)(1) of this Subpart and game animals under a voluntary inspection program as specified under section 271-2-2(g)(2) of this Subpart.

(2) 155°F (68°C) or greater for 15 seconds or the temperature spedified in the following chart that corresponds to the holding time for ratites, and injected meats; the following if they are comminuted: fish, meat, game animals commercially raised for food as specified under section 271-2.2(g)(1) of this Subpart, and game animals under a voluntary inspection program as specified under section 271-2.2(g)(2) of this Subpart and raw eggs that are not prepared as specified under subparagraph (1)(i) of this subdivision:

Minumum

| Temperature °F (°C) | Time | | --- | --- | | 145 (63) | 3 minutes | | 150 (66) | 1 minute | | 158 (70) | <1 second (Instantaneous) |

; or

(3) 165°F (74°C) or greater for 15 seconds for poultry, wild game animals as specified under section 271-2.2(g)(3) and (4) of this Subpart, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites and stuffing containing fish, meat, poultry or ratites.

(b) Whole beef roasts, corned beef roasts, pork roasts and cured pork roasts, such as ham, shall be cooked:

(1) in an oven that is preheated to the temperature specified for the roast's weight in the following chart and that is held at that temperature:

| Oven Type | Oven Temperature Based on Roast Weight | | | --- | --- | --- | | | Less than 4.5 kg (10 lbs) | 4.5 kg (10 lbs) or greater | | Still Dry | 350°F (177°C) or greater | 250°F (121°C) or greater | | Convection | 325°F (163°C) or greater | 250°F (121°C) or greater | | High Humidity1 | 250°F (121°C) or less | 250°F (121°C) or less |

1 Relative humidity greater than 90 percent for at least one hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100 percent humidity.

; and

(2) as specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:

| Internal Temperature °F (°C) | Processing Time1 in Minutes | Internal Temperature °F (°C) | Processing Time1 in Minutes/Sec | Internal Temperature °F (°C) | Processing Time1 in Seconds | | --- | --- | --- | --- | --- | --- | | 130 (54) | 121 | 140 (60) | 12 | 150 (66) | 72 sec | | 131 (55) | 97 | 141 (61) | 10 | 151 (66) | 58 sec | | 132 (56) | 77 | 142 (61) | 8 | 152 (67) | 46 sec | | 133 (56) | 62 | 143 (62) | 6 | 153 (67) | 37 sec | | 134 (57) | 47 | 144 (62) | 5 | 154 (68) | 29 sec | | 135 (57) | 37 | 145 (63) | 4 | 155 (68) | 23 sec | | 136 (58) | 32 | 146 (63) | 182 sec | 156 (69) | 19 sec | | 137 (58) | 24 | 147 (64) | 144 sec | 157 (69) | 15 sec | | 138 (59) | 19 | 148 (64) | 115 sec | 158 (70) | 0 sec | | 139 (60) | 15 | 149 (65) | 91 sec | | |

1 Holding time may include postoven heat rise.

(c) Subdivisions (a) and (b) of this section do not apply if the food is a raw animal food such as raw egg; raw fish; raw-marinated fish; raw molluscan shellfish; steak tartare; or a partially cooked food such as lightly cooked fish, rare meat and soft cooked eggs that are served or offered for sale in a ready-to-eat form, and the consumer is informed that to ensure its safety, the food should be cooked as specified under section 271-2.25 of this Subpart.

(d) Subdivisions (a) and (b) of this section do not apply if the food is a raw or undercooked whole-muscle intact beef steak served or offered for sale in a ready-to-eat form if:

(1) the steak is labeled to indicate that it meets the definition of whole-muscle intact beef steak, as defined in section 271-1.2(ii) of this Part; and

(2) the steak is cooked on both the top and bottom to a surface temperature of 145°F (63°C) or above and a cooked color change is achieved on all external surfaces.

(e) Raw animal foods cooked in a microwave oven shall be:

(1) rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

(2) covered to retain surface moisture;

(3) heated to a temperature of not less than 165°F (74°C) in all parts of the food; and

(4) allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.

(f) Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 135°F (57°C) or greater.

(g) Comminuted meat shall be cooked to heat all parts of the product to a temperature of not less than 158°F (69.4°C) except as specified under paragraph (a)(2) of this section, unless an individual consumer requests preparation of comminuted meat or a food containing comminuted meat in a style such as rare, which must be prepared at a temperature of less than 158°F (69.4°C) in order to comply with such request.

1 CRR-NY 271-2.11 Cooling {#sec-1-crr-ny-271-2.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.11}

(a) Cooked potentially hazardous food shall be cooled:

(1) within two hours, from 135°F (57°C) to 70°F (21°C) or less; and

(2) within fours hours, from 70°F (21°C) to 41°F (5°C) or less, or to 45°F (7°C) or less as specified under section 271-2.7 of this Subpart.

(b) Potentially hazardous food shall be cooled within four hours to 41°F (5°C) or less, or to 45°F (7°C) or less as specified under section 271-2.7 of this Subpart if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.

(c) Cooling shall be accomplished in accordance with the time and temperature criteria specified under this section by using one or more of the following methods based on the type of food being cooled:

(1) placing the food in shallow pans;

(2) separating the food into smaller or thinner portions;

(3) using rapid cooling equipment;

(4) stirring the food in a container placed in an ice water bath;

(5) using containers that facilitate heat transfer;

(6) adding ice as an ingredient; or

(7) other effective methods.

(d) When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:

(1) arranged in the equipment to provide maximum heat transfer through the container walls; and

(2) loosely covered, or uncovered if protected from overhead contamination during the cooling period to facilitate heat transfer from the surface of the food.

1 CRR-NY 271-2.12 Bakery product fillings {#sec-1-crr-ny-271-2.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.12}

Custards, cream fillings and similar products, including synthetic fillings, shall meet the temperature requirements in section 271-2.11 of this Subpart following preparation and be maintained at that temperature during storage, transportation, and display. Products with synthetic fillings may be excluded from this requirement if:

(a) the food, including the interface between the bakery product and its filling, has a pH level of 4.6 or below or a water activity value of 0.85 or less under standard conditions;

(b) it is handled in such a manner as to preclude contamination with and the growth of pathogenic microorganisms after heat processing; or

(c) other scientific evidence is on file with the department demonstrating that the specific product will not support the growth of pathogenic microorganisms. Bakery products with synthetic fillings, which meet the above criteria, may be labeled to state that refrigeration is not required.

1 CRR-NY 271-2.13 Reheating {#sec-1-crr-ny-271-2.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.13}

(a) Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature.

(b) Except as specified under subdivisions (c) and (d) of this section, potentially hazardous food that is cooked, cooled and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of not less than 165°F (74°C) for 15 seconds.

(c) Except as specified under subdivision (d) of this section, potentially hazardous food reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of not less than 165°F (74°C) and the food is rotated or stirred, covered and allowed to stand covered for two minutes after reheating.

(d) Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant that is inspected by the department that has jurisdiction over the plant, shall be heated to a temperature of not less than 135°F (57°C) for hot holding.

(e) Reheating for hot holding shall be done rapidly and the time the food is between the temperature specified under section 271-2.6 of this Subpart and 165°F (74°C) may not exceed two hours.

1 CRR-NY 271-2.14 Freezing {#sec-1-crr-ny-271-2.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.14}

(a) Except as specified in subdivision (b) of this section, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked or marinated-partially cooked fish other than molluscan shellfish shall be frozen throughout to a temperature of:

(1) -4°F (-20°C) or less for at least 168 hours (seven days) in a freezer; or

(2) -31°F (-35°C) or less for at least 15 hours in a blast freezer.

(b) If the fish are tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), and Thunnus thynnus (Bluefin tuna, Northern), or if they are species of fish recognized as not being susceptible to parasites of concern; the fish may be served or sold in a raw, raw-marinated, or partially cooked ready-to-eat form without freezing as specified under subdivision (a) of this section.

(c) Except as specified in subdivisions (b) and (d) of this section, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain the records at the food establishment for at least 90 calendar days beyond the time of service or sale of the fish.

(d) If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under subdivision (a) of this section may substitute for the records specified under subdivision (c) of this section.

1 CRR-NY 271-2.15 Food product thermometers {#sec-1-crr-ny-271-2.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.15}

Metal stem-type numerically scaled indicating thermometers, accurate to plus or minus 2°F (congruent to plus or minus 1°C) shall be provided and used to assure attainment and maintenance of proper temperatures during preparation of all potentially hazardous foods.

1 CRR-NY 271-2.16 Thawing potentially hazardous foods {#sec-1-crr-ny-271-2.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.16}

Potentially hazardous foods shall be thawed:

(a) under refrigeration that maintains the food temperature at 41°F (5°C) or less, or at 45°F (7°C) or less as specified under section 271-2.6 of this Subpart; or

(b) completely submerged under running water:

(1) at a water temperature of 70°F (21°C) or less;

(2) with sufficient water velocity to agitate and float off loose particles in an overflow;

(3) for a period of time that does not allow thawed portions of ready-to-eat food to rise to 41°F (5°C) or greater, or 45°F (7°C) or greater as specified under section 271-2.6 of this Subpart; or

(4) for a period of time that does not allow thawed portions of a raw animal food required cooking as specified under section 271-2.10 of this Subpart to be 41°F (5°C) or greater, or 45°F (7°C) or greater as specified under section 271-2.6 of this Subpart for more than four hours including:

(i) the time the food is exposed to the running water and the time needed for preparation for cooking; or

(ii) the time it takes under refrigeration to lower the food temperature to 41°F (5°C) or less, or 45°F (7°C) or less as specified under section 271-2.6 of this Subpart; or

(iii) as part of a cooking process if the food that is frozen is cooked as specified under section 271-2.10 of this Subpart; or

(iv) thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or

(v) using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer's order.

1 CRR-NY 271-2.17 Food display—potentially hazardous foods {#sec-1-crr-ny-271-2.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.17}

(a) Potentially hazardous foods shall be held at a temperature of 45°F (congruent to 7°C) or less, or at 41°F (5°C) as specified under section 271-2.7 of this Subpart or at a temperature of 135°F (57°C) or greater during display.

(b) If time only, rather than time in conjunction with temperature, is used as the public health control for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption:

(1) the food shall be marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control;

(2) the food shall be cooked and served, served if ready-to-eat, or discarded, within four hours from the point in time when the food is removed from temperature control;

(3) any food described in paragraphs (1) and (2) of this subdivision which exceed the four-hour limit shall be discarded; and

(4) written procedures shall be maintained in the food establishment and made available to the department upon request, that ensure compliance with:

(i) paragraphs (1)-(3) of this subdivision; and

(ii) section 271-2.11 of this Subpart for food that is prepared, cooked and refrigerated before time is used as a public health control.

1 CRR-NY 271-2.18 Frozen foods {#sec-1-crr-ny-271-2.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.18}

Foods intended for sale in a frozen state shall be displayed in a frozen state, except for defrost cycles and brief periods of loading or unloading. Frozen foods should be displayed below or behind product food lines according to cabinet manufacturers specifications.

1 CRR-NY 271-2.19 Food display—general {#sec-1-crr-ny-271-2.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.19}

Food on display, other than whole, unprocessed raw fruits and unprocessed raw vegetables, shall be protected from contamination by being packaged by display cases, by covered containers for self-service or by similar protective equipment except as provided in Subpart 271-8 of this Part. All food shall be displayed above the floor in a manner that will protect the food from contamination. Hot or cold food units shall be provided to assure the maintenance of potentially hazardous food at the required temperature during display. Potentially hazardous food except for raw, frozen shell-on shrimp or lobster, shall not be provided for consumer self-service except as provided in Subpart 271-8 of this Part. Bulk foods shall be dispensed only from product modules which are protected by close fitting, individual covers. Customer access to bulk food in product modules shall be limited and controlled to avoid the introduction of contaminants. Means considered suitable include but are not limited to:

(a) providing a product module depth of no more than 18 inches; and

(b) either locating product modules with access from the top so that there is at least 30 inches between the access point and the floor, or if the product module access point is less than 30 inches off the floor, providing access from the side or at an angle provided that when the product module is open, the cover extends across the surface of the product and provides overhead protection.

1 CRR-NY 271-2.20 Dispensing utensils {#sec-1-crr-ny-271-2.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.20}

Manual contact of bulk foods by the customer shall be avoided during dispensing by one of the following methods, and if manual contact is not prevented, food must be individually wrapped prior to display:

(a) mechanical dispensing devices including gravity dispensers, pumps, extruders and augers; or

(b) manual dispensing utensils including tongs, scoops, ladles, spatulas, single service waxpaper or other appropriate single service items and manual dispensing utensils listed in this subdivision shall be protected against becoming contaminated and serving as vehicles for introducing contamination into bulk food. Means considered suitable include but are not limited to:

(1) using a tether which is constructed of easily cleanable material, is of such length that the utensil cannot contact the floor, and is designed to prevent interference with the requirement for close fitting covers; and

(2) storing the utensil in a sleeve or protective housing attached or adjacent to the display unit when not in use, or utilizing a utensil designed so that the handle cannot contact the product in the product module. Manual dispensing utensils shall be attached to the display unit by a tether of easily cleanable material of such length that the utensil cannot contact the floor. When not in use, the utensil must be stored in a sleeve or protective housing attached or adjacent to the display unit. Since it is not practical to store ladles and spatulas used in other than dry foods in sleeves or protective housings, they shall be stored in the food with handles extending to the outside of the product module. Handles shall not prevent lids from being self- closing.

1 CRR-NY 271-2.21 Food sample demonstrations and food promotions {#sec-1-crr-ny-271-2.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.21}

When food sample demonstrations and food promotions are authorized in the retail food store, the person in charge shall ensure that such activities comply with the applicable sanitation provisions of this Part.

1 CRR-NY 271-2.22 Food transportation by retail foods stores—general {#sec-1-crr-ny-271-2.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.22}

Food, other than hanging primal cuts, quarters, or sides of meat, and raw fruits amd raw vegetables shall be protected from contamination by use of packaging or covered containers while being transported. All food being transported shall meet the applicable requirements of this code relating to food protection and food storage. Foods packaged in immediate closed containers do not need to be overwrapped or covered if the immediate closed containers have not been opened, torn, or broken.

1 CRR-NY 271-2.23 Specialized processing methods {#sec-1-crr-ny-271-2.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.23}

A food establishment shall obtain a variance from the department before smoking or curing food; using a reduced oxygen method of packaging food except as specified under section 271-2.24 of this Subpart where a barrier to Clostridium botulinum in addition to refrigeration exists; custom processing animals that are for personal use as food and not for sale or service in a food establishment; or preparing food by another method that is determined by the department to require a variance.

1 CRR-NY 271-2.24 Reduced oxygen packaging {#sec-1-crr-ny-271-2.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.24}

(a) A food establishment that packages food using a reduced oxygen packaging method shall have a HACCP plan that contains the information specified under section 271-9.6(d) of this Part and that:

(1) identifies the food to be packaged;

(2) limits the food packaged to a food that does not support the growth of Clostridium bolulinum because it complies with one of the following:

(i) has an aw of 0.91 or less;

(ii) has a pH of 4.6 or less;

(iii) is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 CFR section 318.7, "Approval of substances for use in the preparation of products," and 9 CFR section 381.7, "Restrictions on the use of substances in poultry products," and is received in an intact package; or

(iv) is a food with a high level of competing organisms such as raw meat or raw poultry;

(v) is a frozen food which does not meet the criteria of subparagraph (i), (ii) or (iii) of this paragraph and is conspicuously labeled, "Important -Keep Frozen Until Use;"

(vi) is a food which contains some other barrier which precludes the growth of Clostridium botulinum;

(3) specifies methods for maintaining food at 41°F (5°C) or less;

(4) describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:

(i) maintain the food at 41°F (5°C) or less; and

(ii) discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;

(5) limits the shelf life to no more than 14 calendar days from packaging to consumption or the original manufacturer's "sell by" or "use by" date, whichever occurs first;

(6) includes operational procedures that:

(i) prohibit contacting food with bare hands;

(ii) identify a designated area and the method by which:

(a) physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination; and

(b) access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation; and

(iii) delineate cleaning and sanitization procedures for food contact surfaces; and

(7) describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:

(i) concepts required for a safe operation;

(ii) equipment and facilities; and

(iii) procedures specified under paragraph (6) of this subdivision and section 271-9.6(d) of this Part.

(b) Except for fish that is frozen before, during and after packaging, a food establishment may not package fish using a reduced oxygen packaging method.

1 CRR-NY 271-2.25 Consumer advisory {#sec-1-crr-ny-271-2.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.25}

If a raw or undercooked animal food such as beef, eggs, fish, lamb, milk, pork, poultry or shellfish is offered in a ready-to-eat form as a deli, menu or other item: or as a raw ingredient in another ready-to-eat food. the establishment operator shall inform consumers by brochures, deli case or menu advisories, label statements, table tents, placards or other effective written means of the significantly increased risk associated with certain especially vulnerable consumers eating such foods in raw or undercooked form.

1 CRR-NY 271-2.26 Bulk foods {#sec-1-crr-ny-271-2.26 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-2.26}

(a) Bulk foods and product modules shall be protected from contamination during display, customer self-service, refilling and storage. Loaves of bread which are displayed where they may be handled by customers shall be packaged to prevent contamination.

(b) Containers of bulk pet foods and bulk non-food items shall be effectively separated by a barrier or open space from product modules containing food items for human consumption.

(c) Bulk food returned to the store by the customer shall not be offered for resale.

(d) All carry-out containers for bulk foods shall be clean and of food grade material.

Subpart 271-3 MANAGEMENT AND PERSONNEL

1 CRR-NY 271-3.1 Demonstration of knowledge {#sec-1-crr-ny-271-3.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-3.1}

As required by Agriculture and Markets Law, section 251-z-3, the applicant for a food processing establishment license shall furnish the commissioner with evidence of his or her experience and competency to operate the establishment. If at any time the commissioner is not satisfied that the person-in-charge of the establishment is competent to operate the establishment, he or she may require that person to demonstrate such competency by successfully completing a food safety course approved by the department. The course shall include instruction in the following subject areas:

(a) the relationship between the prevention of foodborne disease and the personal hygiene of food employees;

(b) the responsibility of the person-in-charge, or his or her designee for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease;

(c) the symptoms associated with the diseases that are transmissible through food;

(d) the significance of the relationship between maintaining the time and temperature of potentially hazardous food and the prevention of foodborne illness;

(e) the hazards involved in the consumption of raw or undercooked meat, poultry, eggs and fish;

(f) the required food temperatures and times for safe cooking of potentially hazardous food including meat, poultry, eggs and fish;

(g) the required temperatures and times for the safe refrigerated storage, hot holding. cooling, and reheating of potentially hazardous food;

(h) the relationship between the prevention of foodborne illness and the management and control of the following:

(1) cross contamination;

(2) hand contact with ready-to-eat foods;

(3) handwashing; and

(4) maintaining the food establishment in a clean condition and in good repair;

(i) the relationship between food safety and equipment that is:

(1) sufficient in number and capacity; and

(2) properly designed, constructed, located, installed, operated, maintained, and cleaned;

(j) the correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment;

(k) the identification of the source of water used, and measures taken, to ensure that it remains protected from contamination, such as providing protection from backflow and precluding the creation of cross connections;

(l) the identification of poisonous or toxic materials in the food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law;

(m) the identification of critical control points in the operation, from purchasing through sale or service that, when not controlled, may contribute to the transmission of foodborne illness and the steps that must be taken to ensure that the points are controlled in accordance with the requirements of these regulations;

(n) the procedures necessary in order for the person-in-charge and food employees to comply with the schedule process, if such a process is required by the law, regulation or an agreement between the department and the establishment; and

(o) the responsibilities, rights, and authorities assigned by Part 271 of this Title to the:

(1) food employee;

(2) pereson-in-charge; and

(3) the department.

1 CRR-NY 271-3.2 Employee health—general {#sec-1-crr-ny-271-3.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-3.2}

No employee while infected with a disease in a communicable form that can be transmitted by foods or who is a carrier of organisms that cause such a disease or while affected with a boil, an infected wound or a acute respiratory infection, shall work in a retail food store in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to other persons.

1 CRR-NY 271-3.3 Personal cleanliness {#sec-1-crr-ny-271-3.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-3.3}

Employees engaged in food preparation and warewashing operations shall thoroughly wash their hands and the exposed portions of their arms with soap or detergent and warm water before starting work, after smoking, eating or using the toilet, before and after handling raw meat, raw poultry or raw seafood, and as often as is necessary during work to keep them clean. Employees shall keep their fingernails trimmed and clean.

1 CRR-NY 271-3.4 Clothing {#sec-1-crr-ny-271-3.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-3.4}

(a) Employees shall wear clean outer clothing.

(b) Employees shall use effective hair restraints where necessary to prevent the contamination of food or food-contact surfaces.

1 CRR-NY 271-3.5 Employee practices {#sec-1-crr-ny-271-3.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-3.5}

(a) Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods.

(b) Employees shall consume food or use tobacco only in designated areas. Such designated areas must be located so that the eating or tobacco use of an employee does not result in contamination of food, equipment, or utensils.

Subpart 271-4 EQUIPMENT AND UTENSILS

1 CRR-NY 271-4.1 Materials—general {#sec-1-crr-ny-271-4.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.1}

Multi-use equipment and utensils shall be constructed and repaired with safe materials, including finishing materials, shall be corrosion-resistant and shall be nonabsorbent, and shall be smooth, easily cleanable and durable under conditions of normal use. Single-service articles shall be made from clean, sanitary, safe materials. Equipment, utensils and single-service articles shall not impart odors, color, taste, nor contribute to the contamination of food. Products modules and utensils shall be constructed of safe materials and shall be corrosion-resistant, nonabsorbent, smooth and easily cleanable and durable under conditions of normal use.

1 CRR-NY 271-4.2 Solder {#sec-1-crr-ny-271-4.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.2}

Only dairy type solder (silver solder) with lead levels of 0.2 percent or less are acceptable on food-contact surfaces.

1 CRR-NY 271-4.3 Wood {#sec-1-crr-ny-271-4.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.3}

Hard maple or equivalent nonabsorbent wood that meets the general requirements set forth in section 271-4.1 of this Subpart may be used for cutting blocks, cutting boards and bakers' tables. Wood shall not be used as a food-contact surface under other circumstances, including in bulk food displays, except for contact with raw fruits, raw vegetables and nuts in the shell.

1 CRR-NY 271-4.4 Plastics and rubber materials {#sec-1-crr-ny-271-4.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.4}

Safe plastic or safe rubber or safe rubber-like materials that are resistant under normal conditions of use to scratching, scoring, decomposition, crazing, chipping and distortion, that are sufficient weight and thickness to permit cleaning and sanitizing by normal warewashing methods, and which meet the general requirements set forth in section 271-4.1 of this Subpart, are permitted for repeated use.

1 CRR-NY 271-4.5 Cutting surfaces {#sec-1-crr-ny-271-4.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.5}

Cutting surfaces subject to scratching and scoring must be resurfaced so as to be easily cleaned, or be discarded when these surfaces can no longer be effectively cleaned and sanitized.

1 CRR-NY 271-4.6 Single-service articles {#sec-1-crr-ny-271-4.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.6}

Single-service articles shall not be reused.

1 CRR-NY 271-4.7 Design and fabrication—general {#sec-1-crr-ny-271-4.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.7}

All equipment and utensils, including plastic ware shall be designed and fabricated for durability under conditions of normal use and shall be resistant to denting, buckling, pitting, chipping and crazing.

(a) Food-contact surfaces shall be easily cleanable, smooth and free of breaks, open seams, cracks, chips, pits and similar imperfections, and free of difficult-to-clean internal corners and crevices. Cast iron may be used as a food-contact surface only if the surface is used for cooking. Threads shall be designed to facilitate cleaning. Ordinary V-type threads are prohibited in food-contact surfaces, except that in equipment such as ice makers, hot oil cooking equipment or hot oil filtering systems, such threads shall be minimized. Product modules, lids, dispensing units and utensils shall be designed and fabricated to meet the requirements for food-contact surfaces.

(b) Equipment containing bearings and gears requiring lubricants not made of safe materials shall be designed and constructed so that the lubricant cannot leak, drip or be forced into food or onto food-contact surfaces. Equipment designed to receive lubrication of bearings and gears on or within food-contact surfaces shall be lubricated with materials meeting the requirements of title 21 of the Code of Federal Regulations, section 178.3570, (revised as of April 1, 2013), pages 418-419, published by the Office of the Federal Register and available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The material incorporated by reference herein is available for public inspection and copying at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airlinee Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231.

(c) Sinks and drain boards shall be sloped to drain and be self-draining.

1 CRR-NY 271-4.8 Accessibility {#sec-1-crr-ny-271-4.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.8}

Unless designed for in-place cleaning, food-contact surfaces shall be accessible for cleaning and inspection:

(a) without being disassembled;

(b) by disassembling without the use of tools; or

(c) by easy disassembling with the use of only simple tools, such as mallets, screwdrivers, or open-end wrenches which are kept near the equipment.

Individual product modules shall be designed to be easily removable from the display unit for servicing unless the modules are so designed and fabricated that they can be effectively cleaned (and sanitized, when necessary) through a manual in-place cleaning procedure that will not contaminate or otherwise adversely affect bulk food or equipment in the adjoining display area.

1 CRR-NY 271-4.9 In-place cleaning {#sec-1-crr-ny-271-4.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.9}

Equipment intended for in-place cleaning shall be so designed and fabricated that:

(a) cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen;

(b) cleaning and sanitizing solutions will contact all interior food-contact surfaces; and

(c) the system is self-draining or capable of being completely evacuated.

1 CRR-NY 271-4.10 Food product thermometers {#sec-1-crr-ny-271-4.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.10}

Indicating thermometers required for immersion into food or cooking media shall be of metal stem-type construction, numerically scaled and accurate to plus or minus 2°F (congruent to plus or minus 1°C).

1 CRR-NY 271-4.11 Nonfood-contact surfaces {#sec-1-crr-ny-271-4.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.11}

Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning, shall be designed and fabricated to be smooth, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for cleaning and shall be of such material and in such repair as to be easily maintained in a clean and sanitary condition. Surfaces of product module display units, tethers and all display equipment not intended for food contact, but which are exposed to splash, food debris or other soiling, shall be designed and fabricated to be smooth, cleanable, durable under conditions of normal use and free of unnecessary ledges, projections or crevices. Tethers shall be designed to be easily removable from the product module for cleaning. The materials for nonfood-contact surfaces shall be nonabsorbent or made nonabsorbent by being finished and sealed with a cleanable coating.

1 CRR-NY 271-4.12 Ventilation hoods {#sec-1-crr-ny-271-4.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.12}

Ventilation hoods and devices, where installed, shall be designed to prevent grease or condensation from collecting on walls and ceilings, and from dripping into food or onto food-contact surfaces. Filters or other grease-extracting equipment shall be readily removable for cleaning and replacement, if not designed to be cleaned in place.

1 CRR-NY 271-4.13 Maintenance of equipment and utensils {#sec-1-crr-ny-271-4.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.13}

All equipment and utensils shall be maintained in good repair to comply with the requirements of this Part.

1 CRR-NY 271-4.14 Equipment installation and location—general {#sec-1-crr-ny-271-4.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.14}

Equipment, including ice makers and ice storage equipment, shall not be located under exposed or unprotected sewer lines, water lines that are leaking or on which condensed water has accumulated, open stairwells or other sources of contamination.

1 CRR-NY 271-4.15 Table-mounted equipment {#sec-1-crr-ny-271-4.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.15}

(a) Table-mounted equipment shall be installed to facilitate the cleaning of the equipment and the adjacent areas.

(b) Equipment that is mounted on tables or counters, unless portable, shall be sealed to the table or counter or elevated on legs to provide at least a four-inch clearance between the table or counter, except that if no part of the table under the equipment is more than 18 inches from cleaning access, the clearance space shall be three inches or more; or if no part of the table under the equipment is more than three inches from cleaning access, the clearance space shall be two inches or more.

(c) Equipment is portable within the meaning of subdivision (b) of this section if:

(1) it is small and light enough to be easily moved by one person;

(2) it has no utility connection, has a utility connection that disconnects quickly or has a flexible utility connection line of sufficient length to permit the equipment to be moved for easy cleaning; and

(3) it is table-mounted, such as powered mixers, grinders, slicers, tenderizers, and similar equipment, and:

(i) does not exceed 80 pounds; or

(ii) is equipped with a mechanical means of safely tilting the unit for cleaning.

1 CRR-NY 271-4.16 Floor-mounted equipment {#sec-1-crr-ny-271-4.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.16}

(a) Floor-mounted equipment, unless easily movable, shall be:

(1) sealed to the floor; or

(2) elevated on legs to provide at least a six-inch clearance between the floor and equipment, except that equipment may be elevated to provide at least a four-inch clearance between the floor and equipment if no part of the floor under the equipment is more than six inches from cleaning access.

(3) Display shelving units, display refrigeration units and display freezer units are exempt from the provisions of section paragraphs (1) and (2) of this section if they are installed so that the floor beneath the units can be cleaned.

(b) Equipment is easily movable if:

(1) it is mounted on wheels or casters; and

(2) it has no utility connection, has a utility connection that disconnects quickly or has a flexible utility line of sufficient length to permit the equipment to be moved for easy cleaning.

(c) Unless sufficient space is provided for easy cleaning between, behind and above each unit of fixed equipment, the space between it and adjoining equipment units and adjacent walls or ceilings shall be not more than 1/32inch and, if exposed to seepage, the space shall be sealed.

1 CRR-NY 271-4.17 Aisles and working spaces {#sec-1-crr-ny-271-4.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-4.17}

Aisles and working spaces between units of equipment, and between equipment and walls, shall be unobstructed and of sufficient width to permit employees to perform their duties readily without contamination of food or food-contact surfaces by clothing or personal contact. All easily movable storage equipment such as dollies, skids, racks and open-ended pallets shall be positioned to provide accessibility to working areas.

Subpart 271-5 CLEANING, SANITIZATION AND STORAGE OF EQUIPMENT AND UTENSILS

1 CRR-NY 271-5.1 Cleaning frequency {#sec-1-crr-ny-271-5.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-5.1}

(a) Utensils and food-contact surfaces of equipment shall be cleaned and sanitized:

(1) each time there is a change in processing between raw beef, raw pork, raw poultry or raw seafood, or a change in processing from raw to ready-to-eat foods, except where the succession of different raw animal food each requiring a higher cooking temperature, as specified in section 271-2.10 of this Part;

(2) after any interruption of operations during which time contamination may have occurred; and

(3) after final use each working day.

(b) Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production line basis, utensils and the food-contact surfaces of equipment shall be cleaned and sanitized at intervals throughout the day on a schedule based on food temperature, type of food and amount of food particle accumulation.

(c) The food-contact surfaces of cooking devices and the cavities and door seals of microwave ovens shall be cleaned at least once each day of use, except that this shall not apply to hot oil cooking equipment and hot oil filtering systems. The food-contact surfaces of all baking equipment and pans shall be kept free of encrusted grease deposits and other accumulated soil.

(d) Nonfood-contact surfaces of equipment, including transport vehicles, shall be cleaned as often as necessary to keep the equipment free of accumulation of dust, dirt, food particles and other debris.

(e) Tongs, scoops, ladles, spatulas or other appropriate utensils and tethers used by customers shall be cleaned and sanitized at least daily or at more frequent intervals based on the type of food and amount of food particle accumulation or soiling.

(f) Product modules, lids and other equipment shall be cleaned prior to restocking, when soiled or at intervals on a schedule based on the type of food and amount of food particle accumulation.

(g) Food-contact surfaces shall be cleaned and sanitized immediately if contamination is observed or suspected.

1 CRR-NY 271-5.2 Wiping cloths {#sec-1-crr-ny-271-5.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-5.2}

(a) Cloths or sponges used for wiping food spills on food-contact surfaces of equipment shall be cleaned and rinsed frequently in one of the sanitizing solutions permitted in section 271-5.3(h) of this Subpart and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.

(b) Cloths or sponges used for cleaning nonfood-contact surfaces of equipment shall be clean and rinsed as specified in subdivision (a) of this section and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.

(c) Single-service disposable towels are permitted in lieu of wiping cloths or sponges if they are discarded after each use.

1 CRR-NY 271-5.3 Manual cleaning and sanitizing {#sec-1-crr-ny-271-5.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-5.3}

Facilities and/or equipment shall be available, either in a servicing area or in place, to provide for proper cleaning and sanitizing of all food-contact surfaces including product modules, lids and dispensing utensils.

(a) For manual cleaning and sanitizing of equipment and utensils, a sink with two or three compartments shall be provided and used. Sink compartments shall be large enough to accommodate the immersion of most equipment and utensils, and each compartment of the sink shall be supplied with hot and cold potable running water. Where immersion in sinks is impracticable (e.g., because equipment is too large), equipment and utensils shall be cleaned and sanitized manually or by pressure spray methods.

(b) Drain boards or easily movable utensil tables of adequate size shall be provided for proper storage and handling of soiled utensils prior to cleaning and for cleaned utensils following sanitizing and shall be located so as not to interfere with proper use of the warewashing facilities.

(c) Equipment and utensils shall be preflushed or prescraped and, when necessary, presoaked to remove food particles and soil.

(d) The sinks shall be cleaned before use.

(e) When a three-compartment sink is utilized for warewashing, the operation shall be conducted in the following sequence:

(1) equipment and utensils shall be thoroughly cleaned in the first compartment with a hot detergent solution that is kept clean and at a concentration indicated on the manufacturer's label;

(2) equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the second compartment; and

(3) equipment and utensils shall be sanitized in the third compartment according to one of the methods included in paragraphs (h)(1)-(5) of this sections.

(f) When a two-compartment sink is utilized for warewashing, one of the following two methods shall be used:

(1) equipment and utensils shall be thoroughly cleaned in the first compartment with a hot detergent solution that is kept clean and at a concentration indicated on the manufacturer's label, and shall be sanitized in hot water in the second compartment in accordance with paragraph (h)(1) of this section; or

(2) equipment and utensils shall be thoroughly cleaned in the first compartment with a hot detergent-sanitizer solution that is kept clean and at a concentration indicated on the manufacturer's label, and shall be sanitized in the second compartment in hot water in accordance with paragraph (h)(1) of this section or with a solution containing that same detergent-sanitizer in accordance with paragraphs (h)(2)-(5) of this section.

(g) When pressure spray methods are utilized for cleaning and sanitizing, the equipment and utensils shall be thoroughly flushed with a detergent-sanitizer solution until the article is free of visible food particles and soil. The detergent-sanitizer shall be used in accordance with the manufacturer's instructions and shall be of the type that does not require a potable water rinse when used according to those instructions.

(h) The food-contact surfaces of all equipment and utensils shall be sanitized by:

(1) immersion for at least ½ minute in clean, hot water of a temperature of 170°F (congruent to 77°C) or greater;

(2) immersion for at least one minute in a clean solution containing 50 parts per million of available chlorine as a hypochlorite and having a temperature of at least 75°F (congruent to 24°C) or greater;

(3) immersion for at least one minute in a clean solution containing 12.5 parts per million of available iodine, having a pH range which the manufacturer has demonstrated to be effective and a temperature of at least 75°F (congruent to 24°C) or greater;

(4) immersion for at least one minute in a clean solution containing 200 parts per million in a quaternary ammonium compound and having a temperature of 75°F (congruent to 24°C) or greater. The quaternary ammonium compound used shall have been compounded by the manufacturer to assure effectiveness in waters up to 500 parts per million hardness at use concentration;

(5) immersion in a clean solution containing any other chemical sanitizing agent allowed under title 21 of the Code of Federal Regulations, section 178.1010, (revised as of April 1, 2013), pages 362-371, published by the Office of the Federal Register and available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of 75°F (congruent to 24°C) or greater for one minute;

(6) treatment with steam, free from materials or additives other than those specified in title 21 of the Code of Federal Regulations, section 173.310, (revised as of April 1, 2013), pages 140-142, published by the Office of Federal Register and available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, in the case of equipment too large to sanitize by immersion, but in which steam can be confined; or

(7) rinsing, spraying, or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under paragraphs (2), (3) and (5) of this subdivision in the case of equipment too large to sanitize by immersion.

(i) When hot water is used for sanitizing, the following equipment shall be provided and used:

(1) an integral heating device or fixture installed in, on or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of 170°F (congruent to 77°C) or greater;

(2) a numerically scaled indicating thermometer, accurate to plus or minus 3°F (congruent to plus or minus 1°C) convenient to the sink for frequent checks of water temperature; and

(3) utensil racks or baskets of such size and design to permit complete immersion of utensils and equipment in the hot water.

(j) When chemicals are used for sanitization, they shall not have concentrations higher than the maximum permitted under title 21 of the Code of Federal Regulations, section 178.1010, (revised as of April 1, 2013), pages 362-371, published by the Office of the Federal Register and available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, and a test kit or other device that measures the parts per million concentration of the solution shall be provided and used.

1 CRR-NY 271-5.4 Mechanical cleaning and sanitizing {#sec-1-crr-ny-271-5.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-5.4}

Facilities and/or equipment shall be available, either in a servicing area or in place, to provide for proper cleaning and sanitizing of all food-contact surfaces including product modules, lids and dispensing utensils. Mechanical cleaning and sanitizing equipment and practices shall conform to the following requirements:

(a) Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils. These machines and devices shall be properly installed and maintained in good repair. Machines and devices shall be operated in accordance with manufacturers' instructions, and utensils and equipment placed in the machine shall be exposed to all dishwashing cycles. Automatic detergent dispensers, wetting agent dispensers and liquid sanitizer injectors, if any, shall be properly installed and maintained.

(b) The pressure of final rinse water supplied to spray-type dishwashing machines shall not be less than 15 nor more than 25 pounds per square inch measured in the water line immediately adjacent to the final rinse control valve. A ¼ inch IPS valve shall be provided immediately upstream from the final rinse control valve to permit checking the flow pressure of the final rinse water.

(c) Machine or waterline mounted numerically scaled indicating thermometers, accurate to plus or minus 3°F, shall be provided to indicate the temperature of the water in each tank of the machine and the temperature of the final rinse water as it enters the manifold.

(d) Rinse water tanks shall be protected by baffles, curtains or other effective means to minimize the entry of wash water into the rinse water. Conveyors in dishwashing machines shall be accurately timed to assure proper exposure times in wash and rinse cycles in accordance with manufacturers' specifications attached to the machines.

(e) Drain boards shall be provided and be of adequate size for the proper handling of soiled utensils prior to washing and of cleaned utensils following sanitization and shall be so located and constructed as not to interfere with the proper use of the dishwashing facilities. This does not preclude the use of easily movable dish tables for the storage of soiled utensils or the use of easily movable dish tables for the storage of clean utensils following sanitization.

(f) Equipment and utensils shall be flushed or scraped and, when necessary, soaked to remove gross food particles and soil prior to being washed in a dishwashing machine unless a prewash cycle is a part of the dishwashing machine operation. Equipment and utensils shall be placed in racks, trays or baskets, or on conveyors, in a way that food-contact surfaces are exposed to the unobstructed application of detergent wash and clean rinse waters and that permits free draining.

(g) Machines (single-tank, stationary-rack, door-type machines and spray-type glass washers) using chemicals for sanitization may be used, provided that:

(1) the temperature of the wash water shall not be less than 120°F;

(2) the wash water shall be kept clean;

(3) chemicals added for sanitization purposes shall be automatically dispensed;

(4) utensils and equipment shall be exposed to the final chemical sanitizing rinse in accordance with manufacturers' specifications for time and concentration;

(5) the chemical sanitizing rinse water temperature shall not be less than 75°F nor less than the temperature specified by the machine's manufacturer;

(6) chemical sanitizers used shall meet the requirements of title 21 of the Code of Federal Regulations, section 178.1010, (revised as of April 1, 2013), pages 362-371, published by the Office of the Federal Register and available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402; and

(7) a test kit or other device that accurately measures the parts per million concentration of the solution shall be available and used.

(h) Machines using hot water for sanitizing may be used provided that wash water and pumped rinse water shall be kept clean and water shall be maintained at not less than the temperature stated in subdivision (g) of this section.

(1) Single-tank, stationary-rack, dual temperature machine:

(2) Single-tank, stationary-rack, single-temperature machine:

(3) Single-tank, conveyor machine:

(4) Multitank, conveyor machine:

(5) Single-tank, pot, pan, and utensil washer (either stationary or moving-rack):

(i) All dishwashing machines shall be thoroughly cleaned at least once a day or more often when necessary to maintain them in a satisfactory operating condition.

1 CRR-NY 271-5.5 Drying {#sec-1-crr-ny-271-5.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-5.5}

Unless used immediately after sanitization, all equipment and utensils shall be air dried. Towel drying shall not be permitted.

1 CRR-NY 271-5.6 Retail food stores without equipment and utensil cleaning facilities {#sec-1-crr-ny-271-5.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-5.6}

Retail food stores that do not have facilities for proper cleaning and sanitizing of utensils and equipment shall not prepare or package food or dispense unpackaged food other than raw fruits and raw vegetables.

1 CRR-NY 271-5.7 Equipment and utensil handling and storage {#sec-1-crr-ny-271-5.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-5.7}

Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination.

1 CRR-NY 271-5.8 Storage {#sec-1-crr-ny-271-5.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-5.8}

(a) Cleaned and sanitized utensils and equipment shall be stored at least six inches above the floor in a clean, dry location in a way that protects them from splash, dust and other means of contamination. The food-contact surfaces of fixed equipment shall also be protected from contamination. Equipment and utensils shall not be placed under exposed or unprotected sewer lines, or water lines that are leaking or on which condensed water has accumulated.

(b) Utensils shall be air dried before being stored or shall be stored in a self-draining position.

(c) Stored utensils shall be covered or inverted wherever practical.

1 CRR-NY 271-5.9 Single-service articles {#sec-1-crr-ny-271-5.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-5.9}

(a) Single-service articles shall be stored in closed cartons or containers at least six inches above the floor or on easily movable dollies, skids, racks or open-ended pallets. Such storage shall protect the articles from contamination and shall not be located under exposed or unprotected sewer lines, or water lines that are leaking or on which condensed water has accumulated.

(b) Single-service articles shall be handled in a manner that prevents contamination of surfaces that may come in contact with food.

(c) Take-home containers (bags, cups, lids, etc.) provided in the display area for customer use shall be stored and dispensed in a sanitary manner.

1 CRR-NY 271-5.10 Prohibited storage areas {#sec-1-crr-ny-271-5.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-5.10}

Food equipment, utensils or single-service articles shall not be stored in locker rooms, toilet rooms or their vestibules, garbage rooms or mechanical rooms.

Subpart 271-6 SANITARY FACILITIES AND CONTROLS

1 CRR-NY 271-6.1 Water supply—general {#sec-1-crr-ny-271-6.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.1}

Sufficient potable water for the needs of the retail food store shall be provided from a source constructed, maintained, and operated according to 10 NYCRR Part 5 and 9 NYCRR Part 902. Except when used as specified in section 271-6.7 of this Subpart, water from a nonpublic water system shall be sampled and tested quarterly for microbiological contamination, annually for nitrate and once for nitrite in accordance with the requirements of the New York State Department of Health for a noncommunity water system, as set froth in 10 NYCRR section 5-1.52. The most recent sample report for the nonpublic water system shall be retained on file in the food establishment.

1 CRR-NY 271-6.2 Water delivery {#sec-1-crr-ny-271-6.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.2}

All potable water not provided to the retail food store directly from the source by pipe shall be delivered in a bulk water transport system and shall be transferred to a closed water system. Both of these systems shall be constructed, maintained and operated according to 10 NYCRR Part 5.

1 CRR-NY 271-6.3 Water under pressure {#sec-1-crr-ny-271-6.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.3}

Water under pressure at the required temperatures shall be provided to all fixtures and equipment that use water.

1 CRR-NY 271-6.4 Steam {#sec-1-crr-ny-271-6.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.4}

Steam used in contact with food or food-contact surfaces shall be free from any materials or additives other than those specified in title 21 of the Code of Federal Regulations, section 173.310, as revised April 1, 2003, published by the Office of the Federal Register and available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

1 CRR-NY 271-6.5 Sewage—general {#sec-1-crr-ny-271-6.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.5}

All sewage, including liquid waste, shall be disposed of by a public sewerage system or by a sewage disposal system constructed, maintained and operated according to 6 NYCRR Parts 750-757. Nonwater-carried sewage disposal facilities are prohibited, except as permitted by the Department of Agriculture and Markets.

1 CRR-NY 271-6.6 Plumbing—general {#sec-1-crr-ny-271-6.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.6}

Plumbing shall be sized, installed and maintained according to 9 NYCRR Part 902 and 10 NYCRR Part 14. There shall be no cross-connection between the potable water supply and any other system containing:

(a) water of unknown or questionable origin; or

(b) contaminating or polluting substances.

1 CRR-NY 271-6.7 Nonpotable water system {#sec-1-crr-ny-271-6.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.7}

A nonpotable water system is permitted for air conditioning, equipment cooling and fire protection. Nonpotable water shall not directly or indirectly contact food or equipment or utensils that contact food. The piping of any nonpotable water system shall be durably identified so that it is readily distinguishable from piping that carries potable water.

1 CRR-NY 271-6.8 Backflow {#sec-1-crr-ny-271-6.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.8}

The potable water system shall be installed to preclude the possibility of backflow. Devices shall be installed to protect against backflow and backsiphonage at all fixtures and equipment where an air gap at least twice the diameter of the water system inlet is not provided between the water supply inlet and the fixtures flood level rim. No hose shall be attached to a faucet that is not equipped with a backflow prevention device.

1 CRR-NY 271-6.9 Grease traps {#sec-1-crr-ny-271-6.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.9}

Grease traps, if used, shall be installed and maintained according to 9 NYCRR 933.10.

1 CRR-NY 271-6.10 Garbage grinders {#sec-1-crr-ny-271-6.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.10}

Garbage grinders, if used, shall be installed and maintained according to 9 NYCRR 922.1-922.4.

1 CRR-NY 271-6.11 Drains {#sec-1-crr-ny-271-6.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.11}

Except for properly trapped open sinks, there shall be no direct connection between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed. Inlet pipes (drain pipes) leading from such water sinks shall have a ¼ inch or larger gap between the inlet pipe (drain pipe) and the receiving pipe or funnel. Where this is impractical, the inlet pipe may extend inside the receiving pipe provided the fit is loose enough to allow free overflow between the two fittings. When a warewashing machine is locate within five feet of a trapped floor drain, the warewasher waste outlet may be connected directly on the inlet side of a properly vented floor drain trap if permitted by law.

1 CRR-NY 271-6.12 Toilet installation {#sec-1-crr-ny-271-6.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.12}

Toilet facilities shall be installed in each retail food store according to 9 NYCRR Part 901, shall be conveniently located and shall be accessible to employees at all times.

1 CRR-NY 271-6.13 Toilet design {#sec-1-crr-ny-271-6.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.13}

Toilets and urinals shall be designed to be easily cleanable.

1 CRR-NY 271-6.14 Toilet rooms {#sec-1-crr-ny-271-6.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.14}

Toilet rooms shall be completely enclosed and shall have tight-fitting, self-closing solid doors, except for louvers that may be necessary for ventilation systems.

1 CRR-NY 271-6.15 Toilet facility maintenance {#sec-1-crr-ny-271-6.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.15}

Toilet facilities, including toilet fixtures and any related vestibules, shall be kept clean and in good repair. A supply of toilet tissue shall be provided at each toilet at all times. Easily cleanable receptacles shall be provided for waste materials. Toilet rooms used by women shall have at least one covered waste receptacle.

1 CRR-NY 271-6.16 Handwashing facility installation {#sec-1-crr-ny-271-6.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.16}

Handwashing facilities shall be installed and located:

(a) in or immediately adjacent to toilet rooms or their vestibules; and

(b) in food preparation and warewashing areas or in an otherwise readily accessible location for use by all employees working in these areas.

Sinks used for food preparation or for warewashing shall not be used for washing of hands or for any other purposes; provided, however, that such sinks may be used for other than food preparation or warewashing purposes in instances where such other use would not adversely affect public health and safety and has been approved by an authorized department representative.

1 CRR-NY 271-6.17 Handwashing facility faucets {#sec-1-crr-ny-271-6.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.17}

Each handwashing facility shall be provided with hot water of at least 105°F (congruent to 40.5°C) and cold water tempered by means of a mixing valve or combination faucet. Any self- closing, slow-closing or metering faucet used shall be designed to provide a flow of water for at least 15 seconds without the need to reactivate the faucet. Steam mixing valves are prohibited at handwashing facilities.

1 CRR-NY 271-6.18 Handwashing supplies {#sec-1-crr-ny-271-6.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.18}

A supply of hand-cleansing soap or detergent shall be available at each handwashing facility. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near each handwashing facility. Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashing facilities. When sanitary paper towels or disposable towelettes are provided at the bulk food display area, easily cleanable waste receptacle(s) shall be conveniently provided in the display area.

1 CRR-NY 271-6.19 Handwashing facility maintenance {#sec-1-crr-ny-271-6.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.19}

Handwashing facilities, soap or detergent dispensers, hand-drying devices and all related facilities shall be kept clean and in good repair.

1 CRR-NY 271-6.20 Garbage and refuse containers {#sec-1-crr-ny-271-6.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.20}

(a) Garbage and refuse shall be held in durable, easily cleanable, insect-resistant and rodent-resistant containers that do not leak and do not absorb liquids. Plastic bags and wet strength paper bags may be used to line these containers. Such bags and durable plastic garbage and refuse containers may be used for storage inside the retail food store.

(b) Containers used in food preparation and utensil washing areas shall be kept covered during nonworking hours and after they are filled.

(c) Containers stored outside the establishment, including dumpsters, compactors and compaction systems shall be easily cleanable, shall be provided with tight-fitting lids, doors or covers, and shall be kept covered when not in actual use. In containers designed with drains, drain plugs shall be kept in place except during cleaning.

(d) There shall be a sufficient number of containers to hold all the garbage and refuse that accumulates.

(e) Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food equipment, utensils, or food preparation areas. Suitable facilities, detergent and hot water or steam shall be provided and used for cleaning containers. Liquid waste from compacting or cleaning operations shall be properly disposed of.

1 CRR-NY 271-6.21 Garbage and refuse storage {#sec-1-crr-ny-271-6.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.21}

(a) Garbage and refuse on the premises shall be stored in a manner to make them inaccessible to insects and rodents. Outside storage of nonrodent-resistant plastic containers, unprotected plastic bags, wet strength paper bags or baled units which contain garbage or refuse is prohibited. Cardboard or other packaging material not containing garbage or food wastes need not be stored in covered containers.

(b) Garbage or refuse storage rooms, if used, shall be constructed of easily cleanable, nonabsorbent, washable materials, shall be kept clean, shall be insect and rodent resistant and shall be large enough to store all the garbage and refuse containers necessitated by disposal pick-up frequency.

(c) Outside storage areas or enclosures, if used, shall be kept clean and shall be large enough to store all the garbage and refuse containers necessitated by disposal pick-up frequency. Garbage and refuse containers, dumpsters and compactor systems located outside, shall be stored on or above a smooth surface of nonabsorbent material, such as concrete or machine-laid asphalt, that is kept clean and maintained in good repair.

1 CRR-NY 271-6.22 Garbage and refuse disposal {#sec-1-crr-ny-271-6.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.22}

(a) Garbage and refuse shall be disposed of often enough to prevent the development of objectionable odors and the attraction of insects and rodents.

(b) Where garbage or refuse is burned on the premises, it shall be done by controlled incineration in accordance with 6 NYCRR Parts 201, 219 and 222. Areas around incineration units shall be kept clean and orderly.

1 CRR-NY 271-6.23 Insect and rodent control {#sec-1-crr-ny-271-6.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.23}

Effective measures shall be utilized to minimize the entry, presence and propagation of rodents, flies, cockroaches or other insects. The premises shall be maintained in a condition that prevents the harborage or feeding of insects or rodents.

1 CRR-NY 271-6.24 Openings {#sec-1-crr-ny-271-6.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-6.24}

Openings to the outside shall be effectively protected against the entry of rodents. Outside openings shall be protected against the entry of insects by tight-fitting, self-closing doors, closed windows, screening, controlled air currents, or other means. Screen doors shall be self-closing and screens for windows, skylights, transoms, intake and exhaust air ducts and other openings to the outside shall be tight-fitting and free of breaks. Screening material shall be not less than 16 mesh to the inch.

Subpart 271-7 CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES

1 CRR-NY 271-7.1 Floor construction {#sec-1-crr-ny-271-7.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.1}

(a) Except as specified in section 271-7.2 of this Subpart, floors and floor coverings of all food preparation, food storage and warewashing areas, and the floors of all walk-in refrigerators, dressing rooms, locker rooms, toilet rooms and vestibules shall be constructed of smooth durable material such as sealed concrete, terrazzo, quarry tile, ceramic tile, durable grades of vinyl asbestos or plastic tile or tight-fitting wood impregnated with plastic, and shall be maintained in good repair. Nothing in this section shall prohibit the use of anti-slip floor covering in areas where necessary for safety reasons.

(b) Floors which are water-flushed, or which receive discharges of water or other fluid wastes or are in areas where pressure spray methods for cleaning are used shall be provided with properly installed trapped drains. Such floors shall be constructed only of sealed concrete, terrazzo, quarry tile, ceramic tile or similar materials, and shall be graded to drain.

(c) In all establishments utilizing concrete, terrazzo, quarry tile, ceramic tile or similar flooring materials, or where water-flush cleaning methods are used, the junctures between walls and floors shall be covered and sealed. In all other cases, the juncture between walls and floors shall be covered so as not to present an open seam of more than 1/32 inch.

1 CRR-NY 271-7.2 Floor carpeting {#sec-1-crr-ny-271-7.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.2}

Carpeting, if used as a floor covering, shall be of closely woven construction, properly installed, easily cleanable and maintained in good repair. Carpeting shall not be used in food preparation and warewashing areas, in food storage areas or in toilet room areas where urinals or fixtures are located.

1 CRR-NY 271-7.3 Prohibited floor covering {#sec-1-crr-ny-271-7.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.3}

Sawdust, wood shavings, granular salt, baked clay, diatomaceous earth or similar materials shall not be used as floor coverings; however, these materials may be used in amounts necessary for immediate spot clean-up of spills or drippage on floors.

1 CRR-NY 271-7.4 Mats and duckboards {#sec-1-crr-ny-271-7.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.4}

Mats and duckboards shall be of nonabsorbent, grease-resistant materials, and of such size, design and construction to facilitate cleaning, and shall be maintained in good repair. Single-use materials such as rolls of sanitary cardboard designed for such purpose may be used as mats, provided such materials are discarded and replaced as necessary to maintain proper sanitation.

1 CRR-NY 271-7.5 Utility line installation in floors {#sec-1-crr-ny-271-7.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.5}

Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the floor. In all new or extensively remodeled establishments, installation of exposed horizontal utility service lines and pipes on the floor is prohibited.

1 CRR-NY 271-7.6 Maintenance of walls and ceilings {#sec-1-crr-ny-271-7.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.6}

Walls and ceilings, including doors, windows, skylights and similar closures, shall be maintained in good repair.

1 CRR-NY 271-7.7 Construction of walls and ceilings {#sec-1-crr-ny-271-7.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.7}

The walls, wall coverings and ceilings of walk-in refrigeration units, food preparation areas, warewashing areas and toilet rooms and their vestibules shall be smooth, nonabsorbent and easily cleanable. Concrete or pumice blocks and bricks used for interior wall construction in these locations shall be finished and sealed to provide a smooth, easily cleanable surface.

1 CRR-NY 271-7.8 Exposed construction {#sec-1-crr-ny-271-7.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.8}

Studs, joists and rafters shall not be exposed in those areas listed in section 271-7.7 of this Subpart. If exposed in other rooms or areas, they shall be finished to provide a cleanable surface.

1 CRR-NY 271-7.9 Utility line installation in walls and ceilings {#sec-1-crr-ny-271-7.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.9}

Utility service lines and pipes shall not be unnecessarily exposed on walls or ceilings in those areas listed in section 271-7.7 of this Subpart. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings.

1 CRR-NY 271-7.10 Attachments to walls and ceilings {#sec-1-crr-ny-271-7.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.10}

Light fixtures, vent covers, wall mounted fans, decorative materials and similar attachments to walls and ceilings shall be easily cleanable and shall be maintained in good repair.

1 CRR-NY 271-7.11 Walls and ceiling covering material installation {#sec-1-crr-ny-271-7.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.11}

Wall and ceiling covering materials shall be attached and sealed in a manner to be easily cleanable.

1 CRR-NY 271-7.12 Cleaning physical facilities—general {#sec-1-crr-ny-271-7.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.12}

Cleaning of floors, walls and ceilings shall be done as often as necessary, but preferably during periods when the least amount of food is exposed, such as after closing. Only dustless methods of cleaning floors, walls and ceilings shall be used, such as vacuum cleaning, wet cleaning, treated dust mops or the use of dust-arresting sweeping compounds with brooms. Floors, mats, duckboards, walls, ceilings and attachments (e.g., light fixtures, vent covers, wall mounted fans and similar equipment), and decorative materials (e.g., signs and advertising materials) shall be kept clean.

1 CRR-NY 271-7.13 Cleaning service sinks {#sec-1-crr-ny-271-7.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.13}

At least one service sink or curbed cleaning facility with a floor drain shall be provided and used for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes. Handwashing or warewashing facilities, or food preparation sinks shall not be used for this purpose.

1 CRR-NY 271-7.14 Lighting—general {#sec-1-crr-ny-271-7.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.14}

(a) Permanently fixed artificial light sources shall be installed to provide at least 20-foot candles (215 lux) of light on all food preparation surfaces and at warewashing work levels.

(b) Permanently fixed artificial light sources shall be installed to provide, at a distance of 30 inches from the floor:

(1) at least 20-foot candles (215 lux) of light in sales areas, utensils and equipment storage areas, and in handwashing and toilet areas; and

(2) at least 10-foot candles (108 lux) of light in walk-in refrigeration units, dry food storage areas and in all other areas.

1 CRR-NY 271-7.15 Protective shielding from lighting {#sec-1-crr-ny-271-7.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.15}

(a) Lamps located over or within exposed food storage, food preparation and food display facilities, and facilities where utensils and equipment are cleaned and stored shall be shielded, coated or otherwise shatter resistant.

(b) Infrared or other heat lamps shall be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed.

1 CRR-NY 271-7.16 Ventilation—general {#sec-1-crr-ny-271-7.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.16}

All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes. Ventilation systems shall be installed and operated according to law and, when vented to the outside, shall not create a harmful or unlawful discharge. Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt and other contaminating materials.

1 CRR-NY 271-7.17 Dressing rooms and areas {#sec-1-crr-ny-271-7.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.17}

If employees routinely change clothes within the establishment, rooms or areas shall be designated and used for that purpose. These designated rooms or areas shall not be used for food preparation, food storage, food display, warewashing or storage of utensils and equipment.

1 CRR-NY 271-7.18 Locker areas {#sec-1-crr-ny-271-7.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.18}

Lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other belongings. Lockers or other suitable facilities may only be located in the designated dressing rooms or areas, or in food storage rooms or areas containing only completely packaged food or packaged single-service articles.

1 CRR-NY 271-7.19 Poisonous or toxic materials {#sec-1-crr-ny-271-7.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.19}

Only those poisonous or toxic materials necessary and intended for the maintenance of the establishment, including the cleaning and sanitization of equipment and utensils and the control of insects and rodents, shall be present in retail food stores, except those items being stored or displayed for retail sale as described in section 271-7.23 of this Subpart.

1 CRR-NY 271-7.20 Labeling of poisonous or toxic materials {#sec-1-crr-ny-271-7.20 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.20}

Containers of poisonous or toxic materials necessary for operational maintenance of the establishment shall be prominently and distinctly labeled. Small working containers of bulk cleaning agents shall be individually labeled for easy identification of contents.

1 CRR-NY 271-7.21 Storage of poisonous toxic materials {#sec-1-crr-ny-271-7.21 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.21}

Poisonous or toxic materials necessary for the maintenance of the establishment consist of the following two categories:

(a) insecticides and rodenticides; and

(b) detergents, sanitizers, related cleaning or drying agents, and caustics, acids, polishes and other chemicals.

Materials in each of these two categories shall be stored and located to be physically separated from each other; shall be stored in cabinets or in similar physically separated compartments or facilities used for no other purpose; and, to preclude potential contamination, shall not be stored above or intermingled with food, food equipment, utensils or single-service articles, except that this latter requirement does not prohibit the convenient availability of detergent sanitizers or sanitizers at warewashing facilities.

1 CRR-NY 271-7.22 Use of poisonous or toxic materials {#sec-1-crr-ny-271-7.22 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.22}

(a) Sanitizers, cleaning compounds or other compounds intended for use on food-contact surfaces shall not be used in a way that leaves a toxic residue on such surfaces, nor in a way that constitutes a hazard to employees or other persons.

(b) Poisonous or toxic materials shall not be used in a way that contaminates food, equipment or utensils, nor in a way other than in full compliance with the manufacturer's labeling. The application or use of pesticides shall be in compliance with Department of Environmental Conservation regulations.

1 CRR-NY 271-7.23 Storage and display of materials for retail sale {#sec-1-crr-ny-271-7.23 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.23}

Poisonous or toxic materials stored or displayed for retail sale shall be separated from food and single-service articles by spacing, partitioning or dividers. These materials shall not be stored or displayed above food or single-service articles.

1 CRR-NY 271-7.24 First-aid supplies and personal medications {#sec-1-crr-ny-271-7.24 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.24}

Retail food store employee first-aid supplies and personal medications shall be stored in a way that prevents them from contaminating food and food-contact surfaces.

1 CRR-NY 271-7.25 Premises—general {#sec-1-crr-ny-271-7.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.25}

(a) Retail food stores and all parts of the property used in connection with operations of the establishment shall be reasonably free of litter and articles not essential to the operation or maintenance of the establishment.

(b) The walking and driving surfaces of all exterior areas of retail food stores shall be surfaced with concrete, asphalt or with gravel or similar material effectively treated to facilitate maintenance and minimize dust. These surfaces shall be graded to facilitate drainage.

1 CRR-NY 271-7.26 Living areas {#sec-1-crr-ny-271-7.26 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.26}

No operation of a retail food store shall be conducted in any room used as living or sleeping quarters. Retail food store operations shall be separated from any living or sleeping quarters by complete partitioning and solid, self-closing doors.

1 CRR-NY 271-7.27 Laundry facilities {#sec-1-crr-ny-271-7.27 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.27}

(a) If provided, laundry facilities in a retail food store shall be restricted to the washing and drying of linens and work clothes used in the operation. If such items are laundered on the premises, an electric or gas dryer shall be provided and used.

(b) Separate rooms shall be provided for laundry facilities, except that such operations may be conducted in storage rooms containing only packaged foods or packaged single-service articles.

1 CRR-NY 271-7.28 Storage of linens and work clothes {#sec-1-crr-ny-271-7.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.28}

(a) Clean work clothes and linens, including articles such as wiping cloths, shall be stored in a clean place and protected from contamination until used.

(b) Soiled work clothes and linens, including articles such as wiping cloths, shall be kept in nonabsorbent containers or washable laundry bags until removed for laundering and shall be stored to prevent contamination of food, food equipment and utensils.

1 CRR-NY 271-7.29 Cleaning equipment and storage {#sec-1-crr-ny-271-7.29 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.29}

Maintenance and cleaning tools such as brooms, mops, vacuum cleaners and similar equipment shall be maintained in good repair and stored in a way that does not contaminate food, utensils, equipment or linens, and shall be stored in an orderly manner to facilitate the cleaning of that storage location.

1 CRR-NY 271-7.30 Animals {#sec-1-crr-ny-271-7.30 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-7.30}

(a) Live animals shall be excluded from within the retail food store operational areas and from immediately adjacent areas inside the store. This exclusion does not apply to edible fish, crustacea, shellfish or fish in aquariums. Live or dead fish bait shall be stored separately from food or food products. Patrol dogs accompanying security or police officers shall be permitted in offices, storage areas and outside store premises. Sentry dogs may be permitted to run loose in outside fenced areas for security reasons. Guide dogs accompanying blind persons or deaf persons shall be permitted in sales areas.

(b) While on duty, persons employed in the food operational areas of an establishment shall not care for or handle any pets or patrol/sentry dogs.

Subpart 271-8 FOOD DISPLAY AND SERVICE AT SALAD BARS

1 CRR-NY 271-8.1 Food protection—potentially hazardous food {#sec-1-crr-ny-271-8.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-8.1}

(a) Potentially hazardous food shall be kept at a temperature of 41°F (5°C) or less or at a temperature of 135°F (57°C) or greater during display and service, except that rare roast beef shall be held for service at a temperature of 41°F (5°C) or less or 130°F (54°C) or greater on the first day of service only; thereafter it shall be held at 41°F (5°C) or less or 135°F (57°C) or greater. In the case of existing refrigeration equipment that is not capable of maintaining the food at 41°F (5°C) or less, potentially hazardous food shall be kept at a temperature between 45°F (7°C) and 41°F (5°C) in accordance with section 271-2.7 of this Part. The foregoing temperature requirements shall apply except during necessary times of preparation or during a limited period of time while said food is being held for service, which time shall not exceed four hours. Potentially hazardous foods which have been held at temperatures other than those set forth above for more than four hours shall be discarded and shall not be recycled. Operators of retail establishments shall maintain, in a form acceptable to the commissioner, records identifying the times during which each potentially hazardous food has been displayed for sale at temperatures other than those set forth above. Such records shall be readily available to department personnel. Inserts in product modules or containers which have the effect of reducing the amount of product on display and thereby encouraging a more rapid product turnover time and enhancing proper temperature control may be utilized.

(b) The remaining portion of a depleted item may be placed on top of fresh product introduced to the display (topped off) provided the remaining of the depleted item remains wholesome and suitable for sale.

(c) Salad ingredients must be transported from the processing area to the display unit in covered containers.

(d) Raw fruits and vegetables shall be washed thoroughly before use.

(e) Condiments, seasonings and dressings for self-service use shall be provided in individual packages or from dispensers or containers protected in accordance with section 271-8.2 of this Subpart. Condiments provided for table or counter service shall be individually portioned, except that catsup and other sauces may be served in the original container or pour-type dispenser. Sugar for consumer use shall be provided individual packaged or in pour-type dispensers.

(f) Ice used in display units must be from an approved source, potable and properly dispensed to prevent contamination and must be changed daily.

1 CRR-NY 271-8.2 Display equipment {#sec-1-crr-ny-271-8.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-8.2}

Food on display shall be protected from consumer contamination by the use of packaging or by the use of easily cleanable counter, serving line or salad bar protector devices, display cases or by other effective means. Enough hot or cold food facilities shall be available to maintain the required temperature of potentially hazardous food on display.

(a) Food shields or sneeze quards must be of the canopy type and must completely cover the display/dispensing unit from above. Such shields shall be mounted so as to intercept a direct line between the customer's mouth and the food display area at the customer use position. Self-service soup displays shall be exempt from this requirement, provided the soup is displayed in a lidded container.

(b) Width of the salad bar unit should be restricted to limit reaching over food product. Food containers shall be no more than three deep from any serving access side.

(c) Display units containing potentially hazardous foods requiring refrigeration must be maintained so that all parts of such food are at a temperature of 41°F (5°C) or less. In the case of existing refrigeration equipment that is not capable of maintaining the food at 41°F (5°C) or less, potentially hazardous food shall be kept at a temperature between 45°F (7°C) and 41°F (5°C) in accordance with section 271-2.7 of this Part.

1 CRR-NY 271-8.3 Dispensing utensils {#sec-1-crr-ny-271-8.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-8.3}

(a) To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used by employees or provided to customers who serve themselves. Between uses during service, dispensing utensils shall be:

(1) stored in the food with the dispensing utensil handle extended out of the food;

(2) stored clean and dry;

(3) stored in running water; or

(4) stored either in a running water dipper well, or clean and dry in the case of dispensing utensils and malt collars used in preparing frozen desserts.

(b) Serving utensils must be of such size and length as to minimize contamination of the food.

(c) The top of the serving container or product module shall be above the ice bed level.

(d) All tableware and consumer service containers must be stored in a manner that prevents contamination of surfaces which may come in contact with food or the mouth of the user. This includes but is not limited to multi-use utensils such as plates, knives, forks, spoons, cups and glasses, single-service items similar to those mentioned above and other containers used for the storage of take-out salads.

(e) Take-out containers are to be provided by the retail food store or food service establishment. Personal containers are not allowed.

1 CRR-NY 271-8.4 Cleaning and sanitizing frequency {#sec-1-crr-ny-271-8.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-8.4}

(a) Tongs, ladles, other utensils and product modules shall be cleaned and sanitized before being restocked with food product. If contamination is observed or suspected, food-contact surfaces shall be cleaned and sanitized immediately.

(b) While the salad bar is in operation, the floor area around it must be maintained in a clean condition using dustless methods. The food display/dispensing unit and attached/associated equipment must be maintained clean. Routine cleaning shall be conducted daily prior to stocking the unit. Spot cleaning shall be conducted as necessary.

1 CRR-NY 271-8.5 Customer information {#sec-1-crr-ny-271-8.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-8.5}

(a) The addition of sulfiting agents to food by a retailer is prohibited.

(b) When foods which have been treated with sulfiting agents by a manufacturer or grower are being offered for sale at retail, the customers must be notified by conspicuous, easily readable labels, signs, placards or menu statements at the display location.

(c) Customers shall be provided with information on the correct (sanitary) use of the salad bar.

1 CRR-NY 271-8.6 Supervision {#sec-1-crr-ny-271-8.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-8.6}

Each salad bar operation must have at least one person as signed to oversee its overall maintenance and operation in accordance with the provisions of this Subpart 271-8. This person shall be available in the area of the salad bar display unit.

Subpart 271-9 COMPLIANCE AND ENFORCEMENT

1 CRR-NY 271-9.1 General {#sec-1-crr-ny-271-9.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-9.1}

When the commissioner has reasonable cause to suspect possible disease transmitted by food from any retail food store employee, he may secure a morbidity history of the suspected employee, or make any other investigation as indicated and shall take appropriate action after consultation with the Commissioner of Health. The commissioner may require any or all of the following measures:

(a) the immediate exclusion of the employee from employment in retail food stores;

(b) the immediate closing of the retail food store concerned until, in his opinion, no further danger of disease outbreak exists;

(c) restriction of the employee's services to some area of the establishment where there could be no danger of transmitting disease; and

(d) adequate medical laboratory examination of the employee, of other employees, and of the body discharges of such employee.

1 CRR-NY 271-9.2 Modifications and waivers {#sec-1-crr-ny-271-9.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-9.2}

The department may grant a variance by modifying or waiving the requirements of this Part if in the opinion of the department a health hazard or nuisance will not result from the variance. If a variance is granted, the department shall retain the information specified under section 271-9.3 of this Subpart in its records for the food establishment.

1 CRR-NY 271-9.3 Documentation of proposed variance and justification {#sec-1-crr-ny-271-9.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-9.3}

Before a variance from a requirement of this Part is approved, the information that shall be provided by the person requesting the variance and retained in the department's file on the food establishment includes:

(a) a statement of the proposed variance of this Part requirement citing relevant section numbers;

(b) an analysis of the rationale for how the potential public health hazards and insanitary conditions addressed by the relevant sections will be alternatively addressed by the proposal; and

(c) a HACCP plan if required as specified under section 271-2.23 or 271-2.24 of this Part that includes the information specified under section 271-9.6 of this Subpart as it is relevant to the variance requested.

1 CRR-NY 271-9.4 Conformance with approved procedures {#sec-1-crr-ny-271-9.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-9.4}

If the department grants a variance from any requirements of this Part. or a HACCP plan is otherwise required as specified under section 271-9.5 of this Subpart. the establishment operator shall:

(a) Comply with the HACCP plans and procedures that are submitted as specified under section 271-9.6 of this Subpart and approved as a basis for the modification or waiver; and

(b) Maintain and provide to the Department, upon request, records specified under section 271-9.6(d) and (e) of this Subpart that demonstrate that the following are routinely employed:

(1) procedures for monitoring critical control points;

(2) monitoring of the critical control points;

(3) verification of the effectiveness of an operation or process; and

(4) necessary corrective actions if there is failure at a critical control point.

1 CRR-NY 271-9.5 When a HACCP plan is required {#sec-1-crr-ny-271-9.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-9.5}

(a) Before engaging in an activity that requires a HACCP plan. an establishment operator shall submit to the department, for review, a properly prepared HACCP plan as specified under section 271-9.6 of this Subpart and the relevant provisions of this Part if:

(1) submission of a HACCP plan is required according to law;

(2) a variance is required as specified under sections 271-2.23 and 271-2.24 of this Part; or

(3) the department determines that a food preparation or processing method requires a variance based on a plan submittal or an inspectional finding.

(b) An establishment operator shall have a properly prepared HACCP plan as specified under section 271-2.23 of this Part.

1 CRR-NY 271-9.6 Contents of a HACCP plan {#sec-1-crr-ny-271-9.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 271-9.6}

For a food establishment that is required under section 271-9.5 of this Subpart to have a HACCP Plan, the plan and specifications shall indicate:

(a) a categorization of the types of potentially hazardous foods or other foods that are specified by the department;

(b) a flow diagram by specific food or category type identifying critical control points and providing information on the following:

(1) ingredients, materials and equipment used in the preparation of that food; and

(2) formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved;

(c) food employee and supervisory training plan that addresses the food safety issues of concern;

(d) a statement of standard operating procedures for the plan under consideration including clearly identifying:

(1) each critical control point;

(2) the critical limits for each critical control point;

(3) the method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge;

(4) the method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points;

(5) action to be taken by the person in charge if the critical limits for each critical control point are not met;

(6) records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed; and

(e) additional scientific data or other information, as required by the department, supporting the determination that food safety is not compromised by the proposal.

Part 272 RETAIL FOOD SALES

Subpart 272-1 MEAT FOR SALE AT RETAIL

1 CRR-NY 272-1.1 Definitions {#sec-1-crr-ny-272-1.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.1}

As used in relation to meat sold or offered for sale at retail and as used in this Part:

(a) Sale at retail means a transaction wherein a person sells meat to the consumer, whether at the place of business of such person or whether such sale is consummated by mail, by telephone, or in writing at a place other than at the place of business. Places of business carrying on the aforesaid transaction include, but are not limited to, supermarkets, grocery stores, butcher shops, food freezer dealers and food plan companies.

(b) Meat means the edible part of the muscle of cattle, swine or sheep which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat and portions of bone, skin, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears.

(c) Hamburger means chopped, fresh and/or frozen beef, other than from the heart, esophagus, tongue or cheeks, with or without the addition of beef fat as such and/or seasoning and shall not contain more than 30 percent of fat and shall not contain added water, binders or extenders.

(d) Ground beef, ground veal, ground lamb or ground pork means chopped, fresh and/or frozen meat, other than from the heart, esophagus, tongue or cheeks, of the species indicated without the addition of fat as such and shall not contain more than 30 percent of fat and shall not contain added water, binders or extenders.

(e) Stew beef means meat, other than from the heart, esophagus, tongue or cheeks, which is derived from cattle, sliced into cubes and commonly used for stewing.

(f) Hanging tender means meat derived from the thick, muscular dorsal attachment (pillar) of the diaphragm of cattle. Whenever such meat is labeled or advertised for sale at retail, the term hanging tender, and only said term, shall be used in said labeling or advertising and then only if in conjunction with the term pillar of diaphragm.”

(g) Skirt steak means meat derived from the diaphragm of cattle.

(h) Filet mignon means meat derived from the tenderloin (psoas muscle) of cattle.

(i) Sirloin knuckle or sirloin tip means meat derived from the beef round by a straight cut from the knee cap parallel to and along the femur on the inside of the round and the natural seam of the outside of the round.

(j) Delmonico steak means boneless meat derived from the anterior end (rib end) of the short loin of cattle or the posterior end (loin end) of the rib. Any labeling of or advertising for “Delmonico steak” shall indicate short loin or rib, whichever is appropriate.

(k) Club steak means meat derived from the anterior end (rib end) of the short loin of cattle or the posterior end (loin end) of the rib. Any labeling of or advertising for “club steak” shall indicate short loin or rib, whichever is appropriate.

(l) T-bone steak means meat derived from the short loin of cattle and which exhibits not less than one-half inch diameter of tenderloin (psoas muscle).

(m) Porterhouse steak means meat derived from the short loin of cattle and which exhibits not less than one and one-quarter inch in diameter of tenderloin (psoas muscle).

(n) Sirloin steak means meat derived from the posterior portion of the loin of cattle after removal of the short loin.

(o) Sirloin is the posterior portion of the loin of cattle and is obtained by a straight cut made perpendicular to the contour of the outer skin surface and perpendicular to the split surface of the lumbar vertebrae and which passes flush with the ilium (pelvic bone) leaving a small part of hip bone in the short loin.

(p) Short loin is the anterior portion of the loin of cattle remaining after the removal of the posterior portion (sirloin) of the loin and is obtained by a straight cut perpendicular to the contour of the outer skin surface and perpendicular to the split surface of the lumbar vertebrae and which passes through the ilium (pelvic bone) leaving a small part of hip bone in the short loin.

(q) Strip loin steak or shell steak means meat derived from that portion of the short loin of cattle remaining after the tenderloin (psoas muscle) has been removed.

(r) Top sirloin butt means meat derived from the posterior portion of the loin of cattle after removal of the short loin and which is the thick upper portion (dorsal side) of the sirloin after removal of the bottom sirloin (ventral side) by a cut following the natural muscle seam (blue tissue).

(s) Bottom sirloin butt means meat derived from the posterior portion of the loin of cattle after removal of the short loin and which is the lower portion (ventral side) of the sirloin after removal of the top sirloin butt (dorsal side) by a cut following the natural muscle seam (blue tissue).

(t) Tenderloin means meat derived from the psoas muscle of cattle, sheep or swine.

(u) Spare ribs means ribs which are removed from the belly portion of the pork carcass mid-section extending from the scribe line at the fat back side of the belly to and including portions of the rib cartilages, with or without a portion of the split breast bone and with or without the skirt (diaphragm) remaining. Use of such term shall be confined to labeling or advertising the said meat as herein defined.

(v) Back ribs means ribs derived from the rib area of pork loin.

(w) True name means the species of animal, i.e.,beef, veal, lamb or pork and the primal source or area of the animal carcass from which meat is derived and shall consist of one, but not more than one, of the following:

(1) For beef—cheeks, tongue, gullets or esophagus, heart, neck, shoulder, brisket or breast, foreshank, chuck, diaphragm, rib, plate, hind shank, round, rump, loin, flank or pillar of diaphragm. As used in relation to beef herein and as set forth in Chart 1 herein:

(i) Neck is derived from the area of the chuck containing atlas bone through the fifth cervical vertebra.

(ii) Shoulder is derived from the area of the chuck which includes clod, forearm, brisket muscle and arm bone and may include cross sections of the ribs.

(iii) Brisket or breast is derived from the area of the chuck which includes part of ribs one through five and the sternum (breast bone).

(iv) Foreshank is derived from the upper portion of the foreleg and contains the upper shank bone.

(v) Chuck is derived from that area of the forequarter containing ribs one through five without the neck, brisket and foreshank.

(vi) Diaphragm is derived from the forequarter and includes the muscles and tendon attachments which separate the thoracic (chest) cavity from the abdominal cavity.

(vii) Rib is derived from the forequarter and includes the 6th through the 12th ribs after removal of the plate approximately 10 inches from the chime bone.

(viii) Plate is derived from the forequarter and includes the 6th through 12th ribs cut approximately 10 inches from the chime bone.

(ix) Hind shank is derived by cutting through the stifle joint severing the shank meat and shank bone from the round.

(x) Round is separated from the full beef loin by a straight cut which starts at a point on the backbone at the juncture of the last (fifth) sacral vertebra and the first tail (caudal) vertebra, passes through a second point which is immediately anterior to the protuberance of the femur bone and exposes the ball of the femur and then continues in the same straight line beyond the second point to complete the cut.

(xi) Rump is derived from the round and is removed therefrom by a straight cut perpendicular to the outer skin surface immediately posterior to, and parallel with, the long axis of the exposed surface of the aitch bone.

(xii) Loin is located between the rib and the round and is removed by a cut between the 12th and 13th ribs (posterior end of the rib) and contains the 13th rib vertebra, six lumbar vertebrae and five sacral vertebrae.

(xiii) Flank is derived by stripping the serous membrane from over the abdomines muscles (flank steak) by pulling the abdomines muscles from the thick membrane which lies underneath.

(2) For veal—cheeks, tongue, gullets or esophagus, heart, neck, shank, breast, shoulder, rib, loin, sirloin, rump or leg. As used in relation to veal herein and as set forth in Chart 2 herein:

(i) Neck is derived from the shoulder by a straight line cut in front of the blade bone approximately between the fourth and fifth cervical vertebrae and parallel to the rib end of the shoulder.

(ii) Shank is derived from the leg bone (tibia) or the arm bone (radius).

(iii) Breast is derived by a cut perpendicular to the outer surface which passes through the cartilaginous juncture of the first rib and anterior extremity of the sternum and perpendicular to the long axis of the 12th rib approximately four inches from the eye of rib, and contains the sternum, first 12 ribs and all overlaying muscle, except the foreshank.

(iv) Shoulder is the section remaining after removal of the foreshank, breast and neck and contains the first through the fifth ribs.

(v) Rib is removed from the shoulder by cutting between the fifth and sixth ribs and contains featherbone, chime bone and rib bones.

(vi) Loin is located between the sirloin and rib and is removed from the rib by a cut between the 12th and 13th ribs and from the sirloin by a cut perpendicular to the outer surface immediately anterior to and flush with the ilium (pelvic bone) leaving no part of the hip bone in the loin and includes the 13th rib vertebra and five lumbar vertebrae.

(vii) Leg is removed from the sirloin and rump by a straight line cut perpendicular to the outer skin surface immediately posterior to and parallel with the long axis of the exposed surface of the aitch bone, leaving no part of the aitch bone in the leg. The separation of the sirloin and rump from the leg is completed by sawing through the round bone (femur) immediately posterior to the ball joint.

(viii) Rump is removed from the leg as aforesaid and is removed from the loin by a cut perpendicular to the outer skin surface and perpendicular to the backbone at the anterior end of the hip bone leaving all the hip bone in the rump.

(ix) Sirloin is derived from the anterior end of the rump by a cut perpendicular to the dorsal side starting at any point on the backbone between the juncture of the last (fifth) sacral vertebra and the anterior end of the ilium (pelvic bone) or between the fifth and sixth lumbar vertebrae.

(3) For lamb—cheeks, tongue, gullets or esophagus, heart, neck, shank, breast, shoulder, rib, loin or leg. As used in relation to lamb herein and as set forth in Chart 3 herein:

(i) Neck is derived from the anterior area of the shoulder and contains the atlas and cervical vertebrae.

(ii) Breast is cut from the loin, neck and shoulder starting at the cod or udder to and through the shank just above the elbow.

(iii) Shoulder is separated from the ribs by cutting between the fifth and sixth ribs.

(iv) Rib is separated from the loin by cutting between the last two ribs. (v) Loin is separated from the leg by cutting just in front of the hip bone.

(vi) Leg is the portion remaining after the loin and has been removed as aforesaid.

(4) For pork—cheeks, tongue, gullets or esophagus, heart, tail, jowl, shoulder, shoulder picnic, shoulder butt, feet, side, spareribs, loin, loin-shoulder end or loin-rib end, loin-center cut, loin-loin end, fat back, ham or hock. As used in relation to pork herein and as set forth in Chart 4 herein:

(i) Jowl shall be removed closely to the body of the shoulder on a line approximately parallel to the opposite straight cut side of the shoulder, starting behind the “ear dip” which must remain on the jowl, and continuing the cut so as to remove the entire jowl.

(ii) Shoulder includes the shoulder picnic and shoulder butt and is derived by a cut starting at a point in the armpit that is not more than one inch posterior to the elbow joint, but does not expose the elbow joint, and continues reasonably straight across the hog side. The foot, ribs and related cartilages, breast bone, intercostal meat, breast flap, and neck bones shall be excluded.

(iii) Shoulder picnic is separated from the shoulder butt by a cut which is reasonably straight and perpendicular to the outside skin surface (not slanted or undercut) and approximately parallel to the breast side of the shoulder leaving all the major shoulder bone (humerus) and not less than one nor more than two inches of the blade bone (scapula) in the shoulder picnic.

(iv) Side (belly) shall be separated from the fat back on a straight line not more than three-quarters inch beyond the outermost curvature of the scribe line. The belly must be boneless and the major cartilages of the sternum and the ribs must be closely and smoothly removed without deep scoring. Any enlarged soft, porous, or seedy mammary tissue and the pizzle recess of barrow bellies must be removed.

(v) Loin is removed from the middle portion by a cut (scribe) extending from a point on the first rib of the loin which is not more than 1¾ inches from the junction of the foremost rib and the foremost thoracic vertebra to a point on the ham end which is immediately adjacent to the major tenderloin muscle. The loin shall be removed from the fat back and shall contain 11 or more ribs, seven lumbar vertebrae and at least three sacral vertebrae.

(vi) Loin-shoulder end or loin-rib end is derived from the anterior end of the loin by a cut perpendicular to the length of the loin flush with the last rib and usually includes the blade bone.

(vii) Loin-center cut is derived from the pork loin after the shoulder end has been removed by cutting crosswise to the length of the loin at a point posterior to the edge of the scapular cartilage and from which the ham end of the loin has been removed by cutting crosswise to its length anterior to the cartilage on the tuber coxae.

(viii) Loin-loin end is derived from the posterior end of the loin by a cut perpendicular to the length of the loin flush with the last rib and usually includes the hip (pelvic) bone.

(ix) Fat back is the section remaining after removal of the loin and side.

(x) Ham is the posterior portion of the hog side removed by a cut 2 ¼ to 2 ¾ inches anterior to the knob end of the aitch bone. The cut shall be at right angles to an imaginary line from the top of the aitch bone through the center of the ham and shank. At the flank pocket the cut shall divert at a 45-degree angle posteriorily.

(a) The true name for pork chops shall consist of one of the following primal sources: shoulder or blade, rib, loin, center, or loin end or sirloin.

(x) Veal cutlet means a single slice of veal derived from the leg and contains top, bottom, eye and sirloin tip and cross-section of the leg bone. If the word “cutlet” is used in labeling or advertising a single slice of meat derived other than from the leg of veal, the species of animal and primal source from which such meat is derived shall precede the word “cutlet” in at least the same size and style lettering and on the same background as the word “cutlet,” for example:

VEAL SHOULDER CUTLET

1 CRR-NY 272-1.2 Labeling and advertising requirements {#sec-1-crr-ny-272-1.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.2}

(a) Except as otherwise exempted in this Part, no person shall produce, prepare, package, advertise, sell or offer for sale at retail any meat unless it is clearly and conspicuously labeled or advertised, as the case may be, as to its true name.

(b) This section shall not require the labeling of meat cut to the order of the retail customer.

1 CRR-NY 272-1.3 Exemption for certain meats {#sec-1-crr-ny-272-1.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.3}

The provisions of subdivision (a) of section 272-1.2 of this Subpart shall not apply to bacon, filet mignon, ground beef, ground veal, ground lamb, ground pork, hamburger, porterhouse steak, sirloin steak, stew beef, t-bone steak, beef tenderloin, pork tenderloin or veal cutlet; provided, in the case of any one of these meats, it is clearly and conspicuously labeled or advertised as to its name set forth in this section.

1 CRR-NY 272-1.4 Exemptions for meat inspected under United States Department of Agriculture {#sec-1-crr-ny-272-1.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.4}

(a) The provisions of this Part shall not apply to meat which is produced, prepared or packaged for sale at retail within the State of New York under meat inspection of the United States Department of Agriculture until after such meat leaves the premises of a United States Department of Agriculture official establishment for distribution.

(b) The provisions of this Part shall not apply to meat which is produced, prepared or packaged under meat inspection of the United States Department of Agriculture for sale at retail outside the State of New York.

1 CRR-NY 272-1.5 Name in addition to the species and primal cut {#sec-1-crr-ny-272-1.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.5}

(a) A name in addition to the species and primal cut of a meat as set forth in subdivision (w) of section 272-1.1 of this Subpart, for example, pot roast, oven roast or steak for swissing, may be used in labeling or advertising such meat, provided the requirements of this Subpart are complied with and provided such name appropriately describes the cut of meat to which it refers or the use to which such cut is put or its method of cooking preparation.

(b) Such name shall not be false, misleading, deceptive or confusing in any way. Fanciful names, such as “His and Her Steak,” “Chicken Steak,” “California Roast” and similar terms shall not be used.

1 CRR-NY 272-1.6 Labeling when additional name used {#sec-1-crr-ny-272-1.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.6}

If a name in addition to the species and primal cut as set forth in section 272-1.1(w) of this Subpart is used in labeling meat, the species and primal cut of the meat shall appear contiguous to the additional name in at least the same size and style lettering and on the same background as the additional name, for example.

SANDWICH STEAK BEEF ROUND

1 CRR-NY 272-1.7 Advertising when additional name used {#sec-1-crr-ny-272-1.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.7}

If a name in addition to the species and primal cut as set forth in section 272-1.5 of this Subpart is used in advertising meat, the species and primal cut of the meat shall be prominently displayed contiguous to the additional name and be shown in the same style lettering and on the same background as the additional name and meet the following requirements as to size:

(a) If the additional name is one inch or more in height, the species and primal cut shall be at least one fourth the size of the additional name in height.

(b) If the additional name is less than one inch in height, the species and primal cut shall be at least one third the size of the additional name in height.

1 CRR-NY 272-1.8 Use of United States Department of Agriculture grading terms {#sec-1-crr-ny-272-1.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.8}

United States Department of Agriculture grading terms, for example, “prime,” “choice,” etc., shall not be used in labeling or advertising meat unless the carcass or part thereof from which such meat is derived has been so marked by the United States Department of Agriculture.

1 CRR-NY 272-1.9 Use of United States Department of Agriculture grading terms for pork {#sec-1-crr-ny-272-1.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.9}

United States Department of Agriculture grading terms, for example, “prime,” “choice,” etc., shall not be used in labeling or advertising pork.

1 CRR-NY 272-1.10 Labeling or advertising when certain United States Department of Agriculture grading terms used {#sec-1-crr-ny-272-1.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.10}

If meat is advertised, sold or offered for sale at retail and the carcass or part thereof from which such meat is derived has been marked with a United States Department of Agriculture grade other than “prime” or “choice,” the grading term or recognized abbreviation thereof of such meat shall appear contiguous to the true name of such meat and be at least as equal in size to and as prominent as the true name, for example:

BEEF ROUND U.S. COMM'L.

1 CRR-NY 272-1.11 Labeling of certain meat food products {#sec-1-crr-ny-272-1.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.11}

Any meat food product as defined in section 96-g of the Agriculture and Markets Law in the form of chopped and shaped steaks, patties, loaves, loaf mixes, etc. which is uncooked and contains fat, extenders and/or added water, flavorings, batter, breading, etc., shall display a label clearly and conspicuously exhibiting the product name, qualifying statement, if appropriate, and ingredient statement.

(a) The ingredients in such meat food product shall be listed by their common or usual names in the descending order of the amount of each ingredient used in formulating the product, together with the percentage of each such ingredient contained therein, for example:

“BEEF PATTY, Beef fat and cereal added”

Ingredients: Beef 77%, Beef fat added 8%, Cereal 7%, Added Water 6%, Flavoring 1%, Monosodium Glutamate 1%. Total fat not in excess of 30%.

“BREADED VEAL STEAK, Beef fat added, chopped and shaped” Veal 61%, Breading and Batter not in excess of 30% (Flour, Water, Salt, Nonfat Dry Milk, Baking Powder, Dry Eggs, Monosodium Glutamate, Dextrose, Flavorings), Beef fat added 8%, Monosodium Glutamate 1%. Total fat not in excess of 30%.

(b) Any meat food product to which this section is applicable shall not contain more than 30 percent fat and the label for such product shall so indicate.

(c) The amount of batter and breading used as a coating for breaded product shall not exceed 30 percent of the weight of the finished breaded product and the label for such product shall so indicate.

1 CRR-NY 272-1.12 Qualifying statements {#sec-1-crr-ny-272-1.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.12}

Whenever a qualifying statement such as “Water added” of “Chopped, shaped and frozen,” etc., is required in the labeling of a meat or meat food product by Title 1 of the Official Compilation of Codes, Rules and Regulations of the State of New York,then such qualifying statement shall be used in labeling or advertising such meat or meat food product for sale at retail and shall be prominent, contiguous to and in the same style and same color lettering and on the same background as the name of the meat or meat food product.

1 CRR-NY 272-1.13 Fabricated steak {#sec-1-crr-ny-272-1.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.13}

Fabricated beef steaks, veal steaks, beef and veal steaks, or veal and beef steaks, and similar products, such as those labeled “Beef Steak, Chopped, Shaped, Frozen,” “Veal Steaks, Beef Added, Chopped—Molded—Cubed—Frozen, Hydrolized Plant Protein, and Flavoring,” shall be prepared by comminuting and forming the product from fresh and/or frozen meat, with or without added fat, of the species indicated on the label. Such products shall not contain more than 30 percent fat and shall not contain added water, binders or extenders.

1 CRR-NY 272-1.14 Supply of meat advertised {#sec-1-crr-ny-272-1.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.14}

No person shall advertise meat for sale at retail unless such person shall have available at all outlets listed in the advertisement a sufficient quantity of the advertised meat to meet reasonably anticipated demands, unless the advertisement clearly and adequately discloses that supply is limited and/or the product is available only at designated outlets.

1 CRR-NY 272-1.15 Frozen meat {#sec-1-crr-ny-272-1.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.15}

All meat other than that which is used in hamburger, ground beef, ground pork, ground veal or ground lamb which has been frozen at any time prior to such meat being offered or exposed for sale at retail shall be clearly and conspicuously labeled or advertised as “Frozen” or “Frozen and thawed,” whichever is appropriate, and such term shall be contiguous to and in the same size and style lettering and on the same background as the product name.

1 CRR-NY 272-1.16 Meat charts {#sec-1-crr-ny-272-1.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-1.16}

The meat charts referred to in this Part are as follows:

(a) Chart 1; Beef carcass:

(b) Chart 2; Veal carcass:

(c) Chart 3; Lamb carcass:

(d) Chart 4; Pork carcass:

Subpart 272-2 ADVERTISING AND MARKETING OF FOOD FOR SALE AT RETAIL

1 CRR-NY 272-2.1 Definitions {#sec-1-crr-ny-272-2.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-2.1}

As used in relation to food and food products sold or offered for sale at retail and as used in this Part:

(a) Sale at retail means a transaction wherein a person sells or offers for sale food or food products to the consumer, whether at the place of business of such person or whether such sale is consummated by mail, by telephone or in writing at a place other than at the place of business. Places of business carrying on the aforesaid transaction include supermarkets, grocery stores, butcher shops, food freezer dealers, food plan companies and other retail foodstores.

(b) Food and food product mean all articles of food, drink confectionery or condiment, whether simple, mixed or compound, used or intended for use by men or animals, and shall also include all substances or ingredients to be added to food for any purpose.

(c) Advertisement or advertising means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of a food or food product.

(d) Commissioner means the Commissioner of Agriculture and Markets.

1 CRR-NY 272-2.2 Availability of advertised items {#sec-1-crr-ny-272-2.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-2.2}

No person shall offer for sale at retail any food or food product at a stated price by means of any advertisement disseminated in a area served by any of his stores or places of business which are covered by the advertisement which do not have such products in stock, and readily available for sale to customers during the effective period of the advertisement, unless there is a clear and conspicuous disclosure in all such advertisements as to all exceptions and/or limitations or restrictions with respect to stores or places of business, products or prices otherwise included within the advertisements.

(a) If an advertised item is not readily available, clear and adequate notice shall be provided that the item is in stock and may be obtained upon request.

(b) It shall constitute a defense to a charge under this section if the retailer maintains records sufficient to show that the advertised products were ordered in adequate time for delivery and delivered to the stores or places of business in quantities sufficient to meet reasonably anticipated demands.

(c) It shall also constitute a defense to a charge under this section if the retailer establishes that advertised products were actually ordered in good faith, in quantities sufficient to meet reasonably anticipated demands, but were not delivered due to circumstances beyond the retailer's control and not reasonably foreseeable by him. In determining whether the retailer acted in good faith and with reasonable foresight, the commissioner shall consider all circumstances surrounding the placement of the advertisement and the nondelivery of the product. The availability of “rain checks” shall be considered by the commissioner as a relevant factor, but the existence of a “rain check” policy, in and of itself, shall not constitute compliance with this section.

1 CRR-NY 272-2.3 Mispricing of advertised items {#sec-1-crr-ny-272-2.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-2.3}

(a) No person shall offer for sale at retail any food or food product at a stated price by means of any advertisement disseminated in an area served by any of his stores or places of business which are covered by the advertisement which do not have such products conspicuously and readily available for sale to customers at or below the advertised prices, unless there is a clear and conspicuous disclosure in all such advertisements as to all exceptions and/or limitations or restrictions with respect to stores or places of business, products or prices otherwise included within the advertisements.

(b) In determining whether this section will be applied, the commissioner shall consider all circumstances surrounding failure to make advertised items conspicuously and readily available for sale at or below the advertised prices but were not made available at those prices due to circumstances beyond the advertiser's control.

1 CRR-NY 272-2.4 Disclaimers {#sec-1-crr-ny-272-2.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-2.4}

(a) General disclaimers in advertising relating to product availability will not be considered to be in compliance with the disclosure provisions of sections 272-2.2 and/or 272-2.3 of this Subpart. Examples of such general disclaimers would be:

(1) “Not all items available at all stores.”

(2) A statement that a particular item or group of items is “Available at most stores.”

(b) Specific, clear and conspicuous disclaimers in advertising relating to product availability only in those stores possessing particular facilities will be considered to be in compliance with the disclosure provisions of section 272-2.2 of this Subpart. An example of such a disclaimer would be: “Available only at stores featuring delicatessen departments.”

Subpart 272-3 SALE OF SMALL QUANTITIES OF PREPACKAGED FRESH FRUITS AND VEGETABLES

1 CRR-NY 272-3.1 Definitions {#sec-1-crr-ny-272-3.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-3.1}

As used in relation to fresh fruits and vegetables being offered for sale at retail and as used in this Part:

(a) Sale at retail means a transaction wherein a person sells or offers for sale fresh fruits or vegetables to consumers at the place of business of such person. Places of business carrying on the aforesaid transaction include supermarkets, grocery stores and other retail foodstores.

(b) Small quantities of fresh fruits and vegetables means amounts by count, weight or volume of whole fruits or vegetables smaller than the amounts of such fruits or vegetables being offered for sale at retail in prepackaged form.

1 CRR-NY 272-3.2 Availability of small quanitities of fresh fruits and vegetables {#sec-1-crr-ny-272-3.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-3.2}

When varieties or grades of fresh fruits or vegetables are not available in unpackaged form and the same are being offered for sale at retail in packaged form, upon customer request a package of fresh fruit or vegetables of the same variety and grade being offered shall be opened to provide any small quantity of fresh fruits or vegetables which the customer desires.

1 CRR-NY 272-3.3 Means of disclosure of availability {#sec-1-crr-ny-272-3.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-3.3}

A prominent and conspicuous sign reading “Small Quantities of Prepackaged Fresh Fruits and Vegetables are Available upon Request” shall be located in the prepackaged fresh fruit and vegetable area and such sign shall be posted in clear view not more than 30 feet from any point within such area. The lettering on the aforesaid sign or signs shall not be less than one-inch type.

Subpart 272-4 SALE OF SEAFOOD, FISH, MEAT AND POULTRY IN FROZEN STATE

1 CRR-NY 272-4.1 Definitions {#sec-1-crr-ny-272-4.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-4.1}

The definitions and interpretations contained in sections 96-g and 96-z-21 of the New York State Agriculture and Markets Law are applicable to such terms when used in this Subpart. The following definitions shall also apply:

(a) Seafood means any food fish or shellfish, as such terms are defined in this section, as well as all products derived therefrom which are used as human food, or are offered for sale at retail as human food.

(b) Food fish means any cold-blooded, strictly aquatic, craniate vertebrate, the flesh or any part of which is used as human food, or is offered for sale at retail as human food.

(c) Shellfish means any aquatic animal whose external covering consists of a shell, either testaceous or crustaceous, including but not limited to oysters, clams, mussels, mollusks, lobsters, crabs, shrimp, crawfish and snails.

(d) Sale at retail means a transaction wherein a person, firm, corporation, partnership, association or any other business association sells or offers for sale human food or food products to consumers. Places of business carrying on the aforesaid transaction include supermarkets, grocery stores, butcher shops, food freezer dealers, food plan companies, and other retail food dealers.

1 CRR-NY 272-4.2 Sale in a package or container {#sec-1-crr-ny-272-4.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-4.2}

No seafood, food fish or shellfish, meat, meat by-product or meat food product, poultry or poultry product which has been frozen subsequent to being offered for sale or distribution at retail shall be offered for sale at retail or displayed for sale at retail unless the package or container bearing said products is labeled clearly and conspicuously with the words, “This product was previously offered for sale in an unfrozen state.”

1 CRR-NY 272-4.3 Sale from bulk {#sec-1-crr-ny-272-4.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 272-4.3}

No seafood, food fish or shellfish, meat, meat by-products or meat food product, poultry or poultry product which has been frozen subsequent to being offered for sale or distribution at retail shall be offered for sale at retail or displayed for sale at retail from bulk unless a sign is clearly displayed at the point where such products are offered for sale which prominently and conspicuously contains the words, “These products were previously offered for sale in an unfrozen state.”

Subchapter F STANDARDS FOR GROWING, HARVESTING, PACKING, AND HOLDING OF PRODUCE

Part 273 STANDARDS FOR GROWING, HARVESTING, PACKING, AND HOLDING OF PRODUCE

1 CRR-NY 273.1 Standards {#sec-1-crr-ny-273.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 273.1}

(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, the Commissioner of the Department of Agriculture and Markets hereby adopts part 112 of title 21 of the Code of Federal Regulations (revised as of April 1, 2016; U.S. Government Printing Office, Washington, D.C. 20402), except that each reference therein to:

(1) FDA shall be deemed to be a reference to the Department of Agriculture and Markets;

(2) FDA District Director and to Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition shall be deemed to be a reference to the Director of the Division of Food Safety and Inspection in the Department of Agriculture and Markets;

(3) Commissioner of Food and Drugs shall be deemed to be a reference to the Commissioner of the Department of Agriculture and Markets.

(b) Notwithstanding the provisions of subdivision (a) of this section, the Commissioner of Agriculture and Markets:

(1) will not determine the eligibility of a farm for a qualified exemption; and

(2) does not adopt Subparts P, Q, and R of title 21 of the Code of Federal Regulations part 112.

(c) Every term used in this section that is defined or given meaning in title 21 of the Code of Federal Regulations part 112 shall be construed as set forth therein.

(d) A copy of title 21 of the Code of Federal Regulations containing part 112 is maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and is available for public inspection and copying during regular business hours.

Subchapter G LICENSING OF PROCESSING PLANTS

Part 276 FOOD PROCESSING ESTABLISHMENTS

1 CRR-NY 276.1 Good manufacturing practices {#sec-1-crr-ny-276.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 276.1}

All food processing establishments subject to regulation under article 20-C of the Agriculture and Markets Law shall be subject to the current good manufacturing practices of Part 260 of this Title unless exempted by said article 20-C or by this Part.

1 CRR-NY 276.2 Records {#sec-1-crr-ny-276.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 276.2}

Establishments required to be licensed pursuant to article 20-C of the Agriculture and Markets Law unless exempted by this Part shall conform to the following recordkeeping requirements:

(a) Food processing and production information shall be entered on forms, approved by the commissioner, which shall include the product processed, the code number, the size of the container, the approximate number of containers per coding interval and other appropriate processing data required by the commissioner.

(b) Every operator of a processing plant shall keep a record of every transaction of the sale and distribution of potentially hazardous foods. Such records, in addition to the names and addresses of the persons or firms involved in the transaction, shall contain the code numbers of each lot involved.

(c) All records, formulas and related data shall be legibly written in English and kept for the commissioner's confidential review for two years, at the processing facilities, and shall be available for examination at all reasonable hours by designated employees of the department.

1 CRR-NY 276.3 Codes {#sec-1-crr-ny-276.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 276.3}

(a) Each container of potentially hazardous food, as defined hereinafter, shall be marked with an identifying code which shall be permanently visible to the naked eye.

(1) Where the container does not permit the code to be embossed or inked, the label or other similar marking device may be legibly perforated or otherwise marked, provided that such label is securely affixed to the product container in a manner satisfactory to the commissioner.

(2) The required identification shall identify in code the establishment where packed and the period during which packed.

(3) The packing period shall be changed with sufficient frequency to enable identification of lots during their sale and distribution.

(4) Packing period codes may be changed on the basis of one of the following: intervals of every four to five hours; personnel shift changes; or batches, provided the containers comprising such batch do not extend over a period of more than one personnel shift.

(b) Definitions.

(1) Potentially hazardous food shall mean any perishable food which consists in whole or in part of milk or milk products, eggs, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

(2) Perishable food shall mean any food of such type or in such condition as may spoil.

(3) Home processed food within the context of this Part shall mean any food processed in a private home or residence using only the ordinary kitchen facilities of that home or residence which are also used to prepare food for the owner thereof, his family, nonpaying guests and household and farm employees who reside therein, but shall exclude potentially hazardous foods as defined in this Part or thermally processed low-acid foods packaged in hermetically sealed containers as covered by Part 277 of this Chapter and acidified foods packed in closed containers, including but not limited to pickles and relishes prepared from low-acid fruits, vegetables, poultry, meat, meat products, fish or seafood.

1 CRR-NY 276.4 Exemptions {#sec-1-crr-ny-276.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 276.4}

(a) Maple syrup and honey.

Processors of maple syrup or honey who do not purchase maple syrup or honey from others for repackaging, and who do not combine maple syrup or honey with any other ingredients capable of supporting the growth of infectious or toxigenic organisms, shall be exempt from the licensing requirements of article 20-C of the Agriculture and Markets Law, provided that such establishments are maintained in a sanitary condition and manner, and the following requirements shall be complied with:

(1) Every practicable precaution shall be taken to exclude birds, insects (except those involved in the production of the product), rodents and other vermin and animals from the premises of the operation.

(2) The use of insecticides, rodenticides and other pest control items in such establishments shall be permitted only under such precautions and restrictions as will prevent the contamination of the product.

(3) Rooms, compartments, places, equipment and utensils used for preparing, storing or otherwise handling the product, and all other parts of the operating premises, shall be kept in a clean and sanitary condition.

(4) There shall be no handling or storing of materials which may create insanitary conditions in any place or places where the product is prepared, stored or otherwise handled.

(5) All equipment and utensils used in processing or handling the product shall be maintained in good repair to assure sanitary conditions in the operation.

(6) All finished product containers must be clean, sanitary and properly labeled in compliance with the requirements of Part 259 of this Title.

(b) Home-processed foods.

Processors of home-processed foods who sell or offer for sale such foods shall be exempt from the licensing requirements of article 20-C, provided that the following conditions are met:

(1) All finished product containers are clean and sanitary and are labeled to show:

(i) the name and address of the home processor;

(ii) the common or usual name of the food;

(iii) if the food is fabricated from two or more ingredients, the common or usual name of each ingredient in their order of predominance; except that spices, flavorings and colorings may be designated as spices, flavorings and colorings without naming each, and spices and flavorings may be designated together as flavorings; and

(iv) the net weight, standard measure or numerical count.

(2) All home-processed foods produced under this exemption are neither adulterated nor misbranded.

(3) Glass containers for jams, jellies, marmalades and similar products are provided with suitable rigid metal covers.

(c) Any establishment licensed as a: farm winery, pursuant to section 76-a of the Alcoholic Beverage Control Law; a special farm winery, pursuant to section 76-d of said law; a farm brewery, pursuant to section 51-a of said law; or a farm distillery, pursuant to section 61 of said law, shall be exempt from the licensing requirements of article 20-C of the Agriculture and Markets Law, provided that:

(1) such establishment is maintained in a sanitary condition and follows the current good manufacturing practices set forth in Part 260 of this Title, if applicable; and

(2) no other food processing operations for which licensing under article 20-C of the Agriculture and Markets Law is required are being conducted at the establishment.

(d) Slicing and packaging of cheese at farmers' markets.

(1) Definitions. As used this subdivision:

(i) person means a natural person, partnership, corporation, association, limited liability company or other legal entity that slices cheese which it has manufactured in its own milk plant.

(ii) farmers' market means a premises as defined in Agriculture and Markets Law section 260(1). An open-air farmers' market is a farmers' market that does not operate in or under a permanent structure.

(2) Any person who slices and packages cheese for sale to consumers at a farmers' market shall be exempt from the licensing requirements of article 20-C of the Agriculture and Markets Law, provided that:

(i) the premises where the cheese is sliced and packaged is maintained in a sanitary condition and in compliance with the provisions of Part 271 of this Title, except that sections 271-6.1, 271-6.6, 271-6.12 through 271-6.17, 271-6.24, 271-7.1 through 271-7.14, and 271-7.16 through 271-7.29 shall not apply to such premises located in an open-air farmers' market; and

(ii) no other food processing operations for which licensing under article 20-C of the Agriculture and Markets Law is required is being conducted at the premises; and

(iii) the standardized name of each cheese offered for sale if the cheese meets a standard of identity, or the common or usual name of each cheese offered for sale if the cheese does not meet a standard of identity, is:

(a) affixed or in close proximity to the slice of cheese to be sold to consumers; or

(b) affixed or in close proximity to the "wheel" of cheese from which a slice thereof is obtained, and the consumer is accurately and adequately informed as to the identity of the "wheel" of cheese from which such slice was obtained;

(iv) the price per pound of each cheese offered for sale is prominently displayed so as to be readily observable by consumers, and the price and weight of each slice of cheese sold or offered for sale to consumers is prominently displayed or is clearly disclosed; and

(v) the cheese and each slice thereof is transported, maintained, held, handled, processed, and packaged under sanitary conditions.

(e) Processing of hops.

(1) Definitions. As used in this subdivision:

(i) Hops means the seed cones of the hop plant, humulus lupulus.

(ii) Person means a natural person, partnership, corporation, association, limited liability company or other legal entity.

(iii) Processing means that term as defined in Agriculture and Markets Law section 251-z-2(4) except processing, as used in this subdivision, shall not mean non-mechanical drying.

(2) Any person who processes hops in a volume that does not exceed 100,000 lbs. annually shall be exempt from the licensing requirements of Agriculture and Markets Law section 251-z-3, provided that:

(i) such establishment is maintained in a sanitary condition and follows the current good manufacturing practices set forth in Part 260 of this Title, if applicable; and

(ii) no other food processing operations for which licensing under article 20-C of the Agriculture and Markets Law is required are being conducted at the establishment.

(f) Cideries.

(1) Definitions. As used in this subdivision:

(i) Cidery means a food processing establishment that manufactures hard cider.

(ii) Hard cider means the partially or fully fermented juice of fresh, whole apples or other pome fruits, containing more than three and two-tenths per centum but not more than eight and one-half per centum alcohol by volume:

(a) to which nothing has been added to increase the alcoholic content produced by natural fermentation; and

(b) with the usual cellar treatments and necessary additions to correct defects due to climate, saccharine levels and seasonal conditions. Nothing contained in this subparagraph shall be deemed to preclude the use of such methods or materials as may be necessary to encourage a normal alcoholic fermentation and to make a product that is free of microbiological activity at the time of sale. Hard cider may be sweetened or flavored after fermentation with fruit juice, fruit juice concentrate, sugar, maple syrup, honey, spices or other agricultural products, separately or in combination. Hard cider may contain retained or added carbon dioxide.

(iii) Person means a natural person, partnership, corporation, association, limited liability company or other legal entity.

(2) Any person who maintains or operates a cidery shall be exempt from the licensing requirements of article 20-C of the Agriculture and Markets Law, provided that:

(i) such establishment is maintained in a sanitary condition and follows the current good manufacturing practices set forth in Part 260 of this Title, if applicable; and

(ii) no other food processing operations for which licensing under article 20-C of the Agriculture and Markets Law is required are being conducted at the establishment.

(g) Malt operators and processors.

(1) Definitions. As used in this subdivision:

(i) Malting is the process of converting barley or other cereal grains, such as oats, wheat or rye, into malt for use in brewing and/or distilling, and takes place in a maltings, sometimes called a malthouse, or a malting floor.

(ii) Person means a natural person, partnership, corporation, association, limited liability company or other legal entity.

(iii) Processing means that term as defined in Agriculture and Markets Law section 251-z-2(4) except processing, as used in this subdivision, shall not mean non-mechanical drying.

(2) Any person who participates in the process of malting in a volume that does not exceed 4,000,000 pounds annually shall be exempt from the licensing requirements of article 20-C of the Agriculture and Markets Law, and shall be exempt annually from the license fee requirement of Agriculture and Markets Law section 251-z-2(4), provided that:

(i) such establishment is maintained in a sanitary condition and follows the current good manufacturing practices set forth in Part 260 of this Title; and

(ii) no other food processing operations for which licensing under article 20-C of the Agriculture and Markets Law is required are being conducted at the establishment.

(h) Exemptions from licensing requirements of article 20-C of the Agriculture and Markets Law under this section are conditioned on continued compliance with the requirements of this section.

(i) The granting of an exemption pursuant to this section will not except an operation from any inspections the commissioner may deem necessary to assure compliance with this section.

Part 277 THERMALLY PROCESSED LOW ACID FOODS PACKAGED IN HERMETICALLY SEALED CONTAINERS

1 CRR-NY 277.1 Thermally processed low acid foods packaged in hermetically sealed containers {#sec-1-crr-ny-277.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 277.1}

(a) Except where in conflict with the statutes of this State or with the rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, part 113, entitled Thermally Processes Law Acid Foods Packaged In Hermetically Sealed Containers, (revised as of April 1, 2013, pages 256-291; U.S. Government Printing Office, Washington, DC 20402).

(b) Copies of this regulation, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235 and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.

1 CRR-NY 277.2 to 277.10 to 277.10 [Repealed] {#sec-1-crr-ny-277.2-to-277.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 277.2 to 277.10}

Part 278 POSTING RESULTS OF THE MOST RECENT SANITARY INSPECTION

1 CRR-NY 278.1 Posting results of the most recent sanitary inspection {#sec-1-crr-ny-278.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 278.1}

For purposes of compliance with subdivision 2 of section 500 of the Agriculture and Markets Law, each retail food store shall post a copy of the most recent sanitary inspection report issued by the department for that store, or the notice of inspection issued by the department relative to that inspection upon receiving it from the department. The inspection report or notice of inspection shall be placed in an upright position, and in a conspicuous location near each public entrance where it can be easily read by the public.

Part 279 HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) PLAN FOR SEAFOOD

1 CRR-NY 279.1 Hazard analysis and critical control point (HACCP) plan for seafood {#sec-1-crr-ny-279.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 279.1}

(a) For purposes of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with the rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, part 123 (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), at pages 320-328, entitled Fish and Fishery Products.

(b) Copies of this regulation, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10-B Airline Drive, Albany, NY 12235, and are available for public inspection and copying during regular business hours.

Part 280 LABELING REQUIREMENTS AND HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) PLAN FOR JUICES

1 CRR-NY 280.1 Labeling requirements and hazard analysis and critical control point (HACCP) plan for juices {#sec-1-crr-ny-280.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 280.1}

(a) For purposes of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with the rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulations as they appear in title 21 of the Code of Federal Regulations (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), in the area of labeling and processing juices as follows:

(1) Subdivision (g) of section 101.17 of title 21 of the Code of Federal Regulations, entitled Food labeling warning, notice, and safe handling statements, at page 68.

(2) Part 120 of title 21 of the Code of Federal Regulations, entitled Hazard Analysis and Critical Control Point (HACCP) Systems, at pages 311-320.

(b) Copies of these regulations, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10-B Airline Drive, Albany, NY 12235, and are available for public inspection and copying during regular business hours.

Part 281 DIETARY SUPPLEMENTS

1 CRR-NY 281.1 Dietary supplements {#sec-1-crr-ny-281.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 281.1}

(a) Except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, part 190 (revised as of April 1, 2013; U.S. Government Printing Office, Washington, DC 20402), at pages 601-602, entitled Dietary Supplements.

(b) Copies of the Code of Federal Regulations may be obtained from the U.S. Government Printing Office, Washington, DC 20402. The material incorporated by reference herein is available for public inspection and copying at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231.

Subchapter H INSPECTION OF MEAT, MEAT PRODUCTS AND POULTRY (ARTICLE 5-B AGRICULTURE AND MARKETS LAW)

Article 1 MEAT AND MEAT PRODUCTS

Part 301 DEFINITIONS

1 CRR-NY 301.1 Meaning of terms {#sec-1-crr-ny-301.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 301.1}

As used in this Article; unless otherwise required by the context, the singular form shall also import the plural and the masculine form shall also import the feminine, and vice versa.

1 CRR-NY 301.2 Definitions {#sec-1-crr-ny-301.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 301.2}

As used in this Article, unless otherwise required by the context, the following terms shall be construed, respectively, to mean:

(a) The law.

Article 5-B, Inspection and Sale of Meat, as added by chapter 324 of the Laws of 1962 and article 5-C, Licensing of Rendering Plants, as added by chapter 391 of the Laws of 1968, of the Agriculture and Markets Law, and all acts amendatory thereof or supplementary thereof.

(b) The department.

The New York State Department of Agriculture and Markets.

(c) Commissioner.

The Commissioner of Agriculture and Markets of the State of New York or his delegate.

(d) The Federal Meat Inspection Act.

The Federal Meat Inspection Act of March 4, 1907, 34 Stat. 1260, as amended by the Wholesome Meat Act of 1967, 81 Stat. 584 (21 U.S.C., sec. 601seq.).

(e)-(f) [Reserved]

(g) Inspector.

An inspector of the department.

(h) Department employee.

Any inspector or other individual employed by the department who is authorized by the commissioner to do any work or perform any duty in connection with the law.

(i) Official establishment.

Any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under the regulations in this Article.

(j) Officer in charge.

The officer in charge of a region.

(k) Region.

One or more official establishments included under the supervision of an officer in charge.

(l) Person.

Any individual, firm, or corporation.

(m) Firm.

Any partnership, association, or other unincorporated business organization.

(n) Meat broker.

Any person engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products or livestock on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.

(o) Renderer.

Any person engaged in the business of rendering carcasses or parts or products of the carcasses of any livestock except rendering conducted under inspection or exemption under the law.

(p) Animal food.

Any article intended for use as food for dogs, cats, or other animals derived wholly, or in part, from the carcass or parts or products of the carcass of any livestock, except that the term animal food as used herein does not include livestock and poultry feeds manufactured from processed animal by-products (such as meatmeal, tankage, meat and bonemeal, bloodmeal, and feed grade animal fat).

(q) Animal food manufacturer.

Any person engaged in the business of manufacturing or processing animal food except manufacture of livestock and poultry feeds with respect to any activity of acquiring or using processed animal by-products (such as meat meal tankage, meat and bonemeal, bloodmeal, and feed grade animal fats) in the manufacture of such feeds.

(r)-(u) [Reserved]

(v) Capable of use as human food.

This term applies to any carcass, or part or product of a carcass, of any livestock, unless it is denatured or otherwise identified as required by the applicable provisions of 314.3, 314.10, 325.11, 325.13 of this Article to deter its use as a human food, or it is naturally inedible by humans; e.g., hoofs or horns in their natural state.

(w) Edible.

Intended for use as human food.

(x) Inedible.

Adulterated, uninspected, or not intended for use as human food.

(y) Prepared.

Slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.

(z) Cutting up.

Any division of any carcass or part thereof, except that the trimming of carcasses or parts thereof to remove surface contaminants is not considered as cutting up.

(aa) Adulterated.

This term applies to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:

(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health;

(2) (i) if it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisons or added deleterious substance (other than one which is [a] a pesticide chemical in or on a raw agricultural commodity; [b] a food additive; or [c] a color additive) which may, in the judgment of the commissioner, make such article unfit for human food;

(ii) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug and Cosmetic Act;

(iii) if it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug and Cosmetic Act;

(iv) if it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug and Cosmetic Act: provided, that an article which is not deemed adulterated under subparagraph (ii), (iii), or (iv) of this paragraph shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by the regulations in this Article in official establishments;

(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;

(4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;

(5) if it is, in whole or in part, the product of an animal which has died otherwise than by slaughter;

(6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

(7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act;

(8) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefore; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or,

(9) if it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance or is otherwise adulterated.

(bb) Misbranded.

This term applies to any carcass, part thereof, meat or meat food product under one or more of the following circumstances:

(1) if its labeling is false or misleading in any particular;

(2) if it is offered for sale under the name of another food;

(3) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately thereafter, the name of the food imitated;

(4) if its container is so made, formed, or filled so as to be misleading;

(5) if in a package or other container unless it bears a label showing:

(i) the name and place of business of the manufacturer, packer or distributor; and

(ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; except as otherwise provided in Part 317 of this Article with respect to the quantity of contents;

(6) if any word, statement, or other information required by or under authority of the law to appear on the label or other labeling is not prominently placed thereon with such conspiciousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(7) it if purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by the regulations in Part 319 of this Article unless:

(i) it conforms to such definition and standard; and

(ii) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common name of ingredients (other than spices, flavoring, and coloring) present in such food;

(8) if it purports to be or is represented as a food for which a standard or standards of fill or container have been prescribed by the regulations in Part 319 of this Article, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard:

(9) if it is not subject to the provisions of paragraph (7) of this subdivision unless its label bears:

(i) the common or usual name of the food, if any there be; and

(ii) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except as otherwise provided in Part 317 of this Article;

(10) if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as is required by the regulations in Part 317 of this Article; or

(11) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears a label stating that fact; except as otherwise provided by the regulations in Part 317 of this Article; or

(12) if it fails to bear, directly thereon or on its containers, when required by the regulations in Part 316 or 317 of this Article, the inspection legend and, unrestricted by any of the foregoing, such other information as the commissioner may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.

(cc) Label.

A display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article.

(dd) Labeling.

All labels and other written, printed, or graphic matter;

(1) upon any article or any of its containers or wrappers; or

(2) accompanying such article.

(ee) Federal Food, Drug, and Cosmetic Act. The act so entitles, approved June 25, 1938 (52 Stat. 1040); and acts amendatory thereof or supplementary thereto.

(ff) Pesticide chemical, food additive, color additive, raw agricultural commodity.

These terms shall have the same meanings for purposes of the law and the regulations in this Article as under the Federal Food, Drug, and Cosmetic Act.

(gg) Animal or livestock.

Cattle, sheep, swine, goat, horse, mule, or other equine.

(hh) Carcass.

All parts, including viscera, of any slaughtered livestock.

(ii) Meat.

The part of the muscle of any cattle, sheep, swine, or goats, which is skeletal or which is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout, or ears. This term, as applied to the products of equines, shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine and goats.

(jj) Meat by-products.

Any part capable for use as human food, other than meat, which has been derived from one or more cattle, sheep, swine, or goats. This term, as applied to products of equines, shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine, and goats.

(kk) Meat food product.

Any article capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, except those exempted from definition as a meat food product by the commissioner in specific cases or by the regulations in Part 317 of this Article, upon a determination that they contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and provided that they comply with any requirements that are imposed in such cases or regulations as conditions of such exemptions to assure that the meat or other portions of such carcasses contained in such articles are not adulterated and that such articles are not represented as meat food products. This term, as applied to food products of equines, shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine, and goats.

(ll) Product.

Any carcass, meat, meat by-product, or meat food product, capable of use as human food.

(mm) Immediate container.

The receptacle or other covering in which any product is directly contained or wholly or partially enclosed.

(nn) Shipping container.

The outside container (box, bag, barrel, crate, or other receptacle or covering) containing or wholly or partly enclosing any product packed in one or more immediate containers.

(oo) Biological residue.

Any substance, including metabolites, remaining in livestock at time or slaughter or in any of its tissues after slaughter as the result of treatment or exposure of the livestock to a pesticide, organic or inorganic compound, hormone, hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, or other therapeutic or prophylactic agent.

(pp) Experimental animal.

Any animal used in any research investigation involving the feeding or other administration of, or subjection to, an experimental biological product, drug, or chemical or any nonexperimental biological product, drug or chemical used in a manner for which it was not intended.

(qq) Dead livestock.

The body (cadaver) of livestock which has died otherwise than by slaughter.

(rr) Dying, diseased, or disabled livestock.

Livestock which has or displays symptoms of having any of the following:

(1) central nervous system disorder;

(2) abnormal temperature (high or low);

(3) difficult breathing;

(4) abnormal swellings;

(5) lack of muscular coordination;

(6) inability to walk normally or stand; and

(7) any of the conditions for which livestock is required to be condemned on antemortem inspection in accordance with the regulations in Part 309 of this Article.

(ss) Supervision.

The controls, as prescribed in instructions to department employees, to be exercised by them over particular operations to insure that such operations are conducted in compliance with the law and the regulations in this Article.

(tt) Further processing.

Smoking, cooking, canning, curing, refining, or rendering in an official establishment of product previously prepared in official establishments.

(uu) Artificial flavoring.

A flavoring containing any sapid or aromatic constituent which constituent was manufactured by a process of synthesis or other similar artifice.

(vv) Artificial coloring.

A coloring containing any dye or pigment, which dye or pigment was manufactured by a process of synthesis or other similar artifice, or a coloring which was manufactured by extracting a natural dye or natural pigment from a plant or other material in which such dye or pigment was naturally produced.

(ww) Chemical preservative.

Any chemical that, when added to a meat or meat food product, tends to prevent or retard deterioration thereof, but does not include common salt, sugars, vinegars, spices, or oils extracted from spices or substances added to meat and meat food products by exposure to wood smoke.

(xx) Farm dressed meat.

Meat from animals slaughtered by a bona fide farmer who, as an incident of such farm operation, slaughters his own domestic animals on his own premises exclusively for use, in his household, by him and members of his household and his nonpaying guests and employees.

(yy) Custom slaughtered meat.

Meat from animals which have been slaughtered by a custom slaughterer for the owner exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees.

(zz) Custom meat by-product.

Any edible part other than meat which is derived from animals slaughtered by a custom slaughterer or by a farmer for his own use, and which product is produced or prepared for the owner exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees. This term shall apply only to those parts which have not been manufactured, cured, smoked, processed or otherwise treated.

(aaa) Custom slaughterer.

A person granted a custom slaughter permit pursuant to the provisions of section 96-c of the Agriculture and Markets Law.

(bbb) Custom processor.

A person granted a custom processor permit pursuant to the provisions of section 96-j(2) of the law.

(ccc) Custom processing.

Boning, cutting up, salting, curing, smoking, heat treating, rendering, canning and other manufacturing of farm dressed meat, custom slaughtered meat, or custom meat by-product.

(ddd) Custom processed product.

Any farm dressed meat, custom slaughtered meat or custom meat by-product which has been custom processed.

Other definitions, if any, that are applicable only for purposes of a specific Part of the regulations in this Article, are set forth in such Part.

1 CRR-NY 301.3 to 301.4 to 301.4 [Repealed] {#sec-1-crr-ny-301.3-to-301.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 301.3 to 301.4}

1 CRR-NY 301.5 [Repealed] {#sec-1-crr-ny-301.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 301.5}

1 CRR-NY 301.6 [Repealed] {#sec-1-crr-ny-301.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 301.6}

1 CRR-NY 301.7 [Repealed] {#sec-1-crr-ny-301.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 301.7}

1 CRR-NY 301.8 to 301.16 to 301.16 [Repealed] {#sec-1-crr-ny-301.8-to-301.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 301.8 to 301.16}

1 CRR-NY 301.17 to 301.18 to 301.18 [Repealed] {#sec-1-crr-ny-301.17-to-301.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 301.17 to 301.18}

Part 316 MARKING PRODUCTS AND THEIR CONTAINERS

1 CRR-NY 316.1 Authorization required to make devices bearing official marks {#sec-1-crr-ny-316.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.1}

No brand manufacturer, printer or other person shall cast, print, lithograph, or otherwise make or cause to be made any device containing any official mark or simulation thereof without prior written authority therefor from the commissioner as provided for in Part 317 of this Article.

1 CRR-NY 316.2 Approval required for official marks {#sec-1-crr-ny-316.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.2}

No device containing any official mark shall be made or caused to be made for use on any product until it has been approved by the commissioner as provided for in Part 317 of this Article.

1 CRR-NY 316.3 Use of official marks prohibited except under supervision of department employee; removal of official marks, when required {#sec-1-crr-ny-316.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.3}

(a) No person shall affix or place, or cause to be affixed or placed, the official inspection legend or any other official mark, or any abbreviation or simulation of any official mark, to or on any product, or container thereof, except under the supervision of a department employee, or as authorized by Part 317 of this Article in connection with the manufacture of containers.

(b) No person shall fill, or cause to be filled, in whole or in part, with any product, any container bearing or intended to bear any official mark, or any abbreviation or simulation of any official mark, except under the supervision of a department employee.

(c) Product bearing any official mark shall not be canned, cooked, cured, smoked, salted, packed, rendered, or otherwise prepared by any person for commercial purposes unless:

(1) Such preparation is performed at an official establishment; or

(2) [Reserved]

(3) The official marks are removed, defaced, or otherwise destroyed before or during such preparation; or

(4) The preparation of the product consists solely of cutting up operations at any establishment exempted from inspection under subdivision 96-j(3) of the law.

1 CRR-NY 316.4 Marking devices; to be furnished by official establishments; control of {#sec-1-crr-ny-316.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.4}

Agriculture and Markets Law, § 96-z-34

(a) The operator of each official establishment shall furnish such ink brands, burning brands, and any other device for marking products with official marks as the commissioner may determine is necessary for marking products at such establishment. The official inspection legend on such a device shall be as prescribed in Part 312 of this Article.

(b) All official devices for marking products with the official inspection legend, or other official inspection marks, including self-locking seals, shall be used only under the supervision of a department employee, and, when not in use for marking shall be kept locked in properly equipped lockers or compartments, the keys of which shall not leave the possession of a department employee, or the locker or compartment shall be sealed with an official seal of the department as prescribed in Part 312 of this Article.

1 CRR-NY 316.5 Branding ink; to be furnished by official establishments; approval by department; color {#sec-1-crr-ny-316.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.5}

Additional statutory authority: Agriculture and Markets Law, § 96-z-34

(a) The operator of each official establishment shall furnish all ink for marking products with the official marks at such establishment. Such ink must be made with harmless ingredients that are approved for the purpose by the commissioner. Samples of inks shall be submitted to the department laboratory from time to time as may be deemed necessary by the officer in charge.

(b) Only ink approved for the purpose shall be used to apply ink brands bearing official marks to carcasses of cattle, sheep, swine, or goats and fresh meat cuts derived therefrom. Any ink containing F.D. & C. Violet No. 1 shall not be considered an approved ink within the meaning of this subdivision.

(c) Green ink shall not be used to apply marks to carcasses of cattle, sheep, swine, or goats or fresh meat cuts derived therefrom.

(d) Except as provided in subdivision (b) and (c) of this section, branding ink of any color, approved for the purpose by the commissioner in specific cases, may be used to apply ink brands, bearing official marks, to processed meat cuts derived from cattle, sheep, swine or goats.

(e) Only green ink approved for the purpose shall be used to apply ink brands bearing official marks to carcasses and parts of carcasses and meat cuts derived from horses, mules and other equines.

(f) Ink used must assure legibility and permanence of the markings and the color of ink shall provide acceptable contrast with the color of the product to which it is applied.

1 CRR-NY 316.6 Products not to be removed from official establishments unless marked in accordance with the regulations {#sec-1-crr-ny-316.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.6}

No person shall remove or cause to be removed from an official establishment any products which the regulations in this Article require to be marked in any way unless they are clearly and legibly marked in compliance with such regulations.

1 CRR-NY 316.7 Marking devices not to be false or misleading; style and size of lettering; approval required {#sec-1-crr-ny-316.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.7}

No brand or other marking device shall be false or misleading. The letters and figures thereon shall be of such style and type as will make a clear and legible impression. All markings to be applied to products in an official establishment shall be approved prior to use by the commissioner as provided for in section 317.3 of this Article, except that official markings prescribed by the Federal meat grading regulations (7 CFR 53.19) need not be submitted to the commissioner for approval when such markings are applied to products in accordance with the requirements of such regulations.

1 CRR-NY 316.8 Unmarked inspected products; moved between official establishments; transported {#sec-1-crr-ny-316.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.8}

Agriculture and Markets Law, § 96-z-34

(a) Unmarked products which have been inspected and passed but do not bear the official inspection legend may be transported in compliance with Part 325 of this Article from one official establishment to another official establishment, for further processing, in a railroad car, truck, or other closed container, if the railroad car, truck, or container is sealed with an official seal of the department (as prescribed in Part 312 of this Article) bearing the official inspection legend.

(b) Products which have been inspected and passed but do not bear the official inspection legend may be removed from an official establishment in closed containers bearing the official inspection legend and all other information required by this Part and Part 317 of this Article: provided, that upon removal from such closed container the product may not be further transported unless such removal is made under the supervision of a department employee and such product is reinspected by a department employee and packed under his supervision in containers bearing the official inspection legend and all other information required by this Part and Part 317 of this Article: and provided further, that unmarked product shall not be brought into an official establishment in an open container.

1 CRR-NY 316.9 Products to be marked with official marks {#sec-1-crr-ny-316.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.9}

Agriculture and Markets Law, § 96-z-34

(a) Each carcass which has been inspected and passed in an official establishment shall be marked at the time of inspection with the official inspection legend containing the number of the official establishment.

(b) Except as provided otherwise in section 316.8 of this Part, each primal part of a carcass and each liver, beef tongue, and beef heart which has been inspected and passed shall be marked with the official inspection legend containing the number of the official establishment before it leaves the establishment in which it is first inspected and passed, and each such inspected and passed product shall be marked with the official inspection legend containing the number of the official establishment where it was last prepared. Additional official marks of inspection may be applied to products as desired to meet local conditions. Primal parts are the wholesale cuts of carcasses as customarily distributed to retailers. The round, flank, loin, rib, plate, brisket, chuck and shank are primal parts of beef carcasses. Veal, mutton and goat primal parts are the leg, flank, loin, rack, breast and shoulder. The ham, belly, loin, shoulder and jowl are pork primal parts. Equine primal parts are the round, flank, loin, rib, plate, brisket, chuck and shank.

(c) Beef livers shall be marked with the official inspection legend containing the number of the official establishment, at which the cattle involved were slaughtered, on the convex surface of the thickest portion of the organ.

(d) Inspected and passed parts of carcasses which are not marked with the official inspection legend under this section shall not enter any official establishment or be sold, transported, or offered for sale or transportation, except as provided in section 316.8 of this Part.

1 CRR-NY 316.10 Marking of meat food products with official inspection legend and ingredient statement {#sec-1-crr-ny-316.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.10}

Agriculture and Markets Law, § 96-z-34

(a) Inspected and passed sausages and other products in casings or in link form, of the ordinary “ring” variety or larger shall be marked with the official inspection legend and list of ingredients in accordance with Part 317 of this Article. The official marks required by this section shall be branded near each end of the sausage or similar product prepared in casings when the product is of a size larger than that customarily sold at retail intact.

(b) Inspected and passed sausage and other products, in casings or in link form, of the smaller varieties, shall bear one or more official inspection legends and one or more lists of ingredients in accordance with Part 317 of this Article on each two pounds of product, except where such products leave the official establishment completely enclosed in properly labeled immediate containers having a capacity of 10 pounds or less and containing a single kind of product; provided, that such products in properly labeled closed containers exceeding 10 pounds capacity, when shipped to another official establishment for further processing or to a governmental agency, need only have the official inspection legend and list of ingredients shown twice throughout the contents of the container. When such products are shipped to another official establishment for further processing, the officer in charge at the point of origin shall identify the shipment to the officer in charge at destination by means of a form provided for such purpose by the department.

(c) All cured products shall be marked with the list of ingredients in accordance with Part 317 of this Article.

(d) The list of ingredients may be applied by stamping, printing, using paper bands, tags, or tissue strips, or other means approved by the commisisoner in specific cases.

1 CRR-NY 316.11 Special markings for certain meat food products {#sec-1-crr-ny-316.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.11}

(a) Meat food products prepared in casing or link form (whether or not thereafter subdivided), other than sausage, which possess the characteristics of or resemble sausage, shall bear on each link or piece the word “imitation” prominently displayed: provided, that the following need not be so marked if they bear on each link or piece the name of the product in accordance with section 317.2 of this Article: Such products as coppa, capocollo, lachschinken, bacon, pork loins, pork shoulder butts, and similar cuts of meat which are prepared without added substance other than curing materials or condiments; meat rolls, bockwurst, and similar products which do not contain cereal or vegetables; headcheese, souse, sulze, scrapple, blood pudding, and liver pudding; and other products such as loaves, chili con carne, and meat and cheese products when prepared with sufficient cheese to give definite characteristics to the finished products; and provided further, that imitation sausage packed in properly labeled containers having a capacity of three pounds or less of a kind usually sold at retail intact, need not bear the word “imitation” on each link or piece if no other marking or labeling is applied directly to the product.

(b) When cereal, vegetable starch, starchy vegetable flour, soy protein concentrate, isolated soy protein, dried milk, nonfat dry milk, or calcium reduced dried skim milk is added to sausage in casing or in link form within the limits prescribed in Part 319 of this Article, the products shall be marked with the name of each added ingredient, as for example “cereal added”, “potato flour added”, “cereal and potato flour added”, “soy flour added”, “isolated soy protein added”, “nonfat dry milk added”, “calcium reduced dried skim milk added”, or “cereal and nonfat dry milk added”, as the case may be.

(c)

(1) When product is placed in a casing to which artificial coloring is thereafter applied, as permitted in Part 318 of this Article, the product shall be legibly and conspicuously marked by stamping or printing on the casing the words “artificially colored”.

(2) If a casing is removed from product at an official establishment and there is evidence of artificial coloring of the surface of the product, the product from which the casing has been removed shall be marked by stamping directly thereon the word “artificially colored”.

(3) The casing containing product need not be marked to show that it is colored if it is colored prior to its use as a covering for the product, and the coloring is of a kind and so applied as not to be transferable to the product and not to be misleading or deceptive in any respect.

(d) When an approved artificial smoke flavoring or an approved smoke flavoring is added to the formula of any meat food product as permitted in Part 318 of this Article, the product shall be legibly and conspicuously marked with the words “Artificial Smoke Flavoring Added” or “Smoke Flavoring Added”, whichever may be applicable.

(e) Subject to the provisions in subdivision (a) of this section, in the case of sausage of the smaller varieties, the markings prescribed in this section may be limited to links bearing the official inspection legend, and such markings shall not be required if the sausages are packed in properly labeled containers having a capacity of three pounds or less and of a kind usually sold at retail intact. Further, all markings otherwise required by this section (except those required by subdivision [a] of this section) may be omitted from the casings of sausage and other meat food products when these products are to be processed in sealed metal containers properly labeled in accordance with the requirements in Part 317 of this Article.

(f) When an approved antioxidant is added to any meat food product as permitted in Parts 318 and 319 of this Article, the products shall be legibly and conspicuously marked in an approved manner identifying the specific antioxidant used by its common name or approved abbreviation and the purpose for which it is added, such as, “BHA, BHT and Propylgallate added to help protect flavor”.

(g) Sausage of the dry varieties treated with potassium sorbate or propylparaben (proply p-hydroxybenzoate) as permitted by Part 318 of this Article shall be marked as prescribed in paragraph 317.8(b)(28) of this Article.

1 CRR-NY 316.12 Marking of equine carcasses and parts thereof {#sec-1-crr-ny-316.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.12}

(a) All inspected and passed equine carcasses and parts thereof prepared at any establishment shall be conspicuously marked at the time of inspection with the official inspection legend as prescribed in section 312.3 of this Article and with other information prescribed for marking product in this Part.

(b) All equine carcasses and meat and other parts thereof shall be marked to show the kinds of animals from which they were derived, before the products are sold, transported, offered for sale or transportation or received for transportation or sale.

1 CRR-NY 316.13 Marking of outside containers {#sec-1-crr-ny-316.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.13}

(a) Except as otherwise provided in Part 325 of this Article, when any inspected and passed product is moved from an official establishment, the outside container shall bear an official inspection legend as prescribed in Part 312 of this Article.

(b) When any product prepared in an official establishment has been inspected and passed and is enclosed in a cloth or other wrapping, such wrapping shall bear the official inspection legend and official establishment number applied by the approved rubber brand in the form prescribed in Part 312 of this article: provided, that the rubber brand may be omitted if the official inspection legend and official establishment number on the product itself are clearly legible through the wrapping or the wrapping is labeled in accordance with Part 317 of this Article: provided further, that plain unprinted wrappings, such as stockinettes, cheese cloth, paper, and crinkled paper bags, for properly marked products, which are used solely to protect the product against soiling or excessive drying during transportation or storage, need not bear the official inspection legend.

(c) [Reserved]

(d) Slack barrels used as outside containers of products shall have a cloth or paper top covering bearing the official inspection legend containing the official establishment number. At the time of removal of the covering, the official inspection legend shall be destroyed.

(e) The outside containers of any product which has been inspected and passed for cooking, pork which has been refrigerated as provided in subdivision 318.10(c) of this Article, and beef which has been inspected and passed for refrigeration shall bear the markings and tag prescribed in subdivision 325.7(b) of this Article.

(f) The outside containers of glands and organs which are not used for human food purposes, such as those described in section 325.19 of this Article, shall be plainly marked with the phrase “For pharmaceutical purposes”, “For organotherapeutic purposes” or “For technical purposes”, as appropriate, with no reference to inspection and need not bear other markings otherwise required under the regulations in this Article.

(g) Stencils, box dies, labels, and brands may be used on shipping containers of properly labeled products and on such immediate containers, of properly marked products, as tierces, barrels, drums, boxes, crates, and large-size fiberboard containers, without approval as provided for in section 317.3 of this article: provided, that the stencils, box dies, labels, and brands are not false or misleading and are approved by the officer in charge. The official inspection legend for use with such markings shall be approved by the commissioner as provided for in Part 317 of this Article.

(h) The outside containers of livers prepared as described in subdivisions 314.10(a), (b), (c) and (d) shall be marked as prescribed in subdivision 314.10(c) of this Article

(i) The outside containers of any equine product shall be marked to show the kinds of animals from which derived, when the products are sold, transported, offered for sale or transported, or received for transportation or sale.

1 CRR-NY 316.14 Marking tank cars and tank trucks used in transportation of edible products {#sec-1-crr-ny-316.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.14}

(a) Each tank car and each tank truck carrying inspected and passed product from an official establishment shall bear a label containing the name of the product in accordance with section 317.2 of this Article, the official inspection legend containing the number of the official establishment and the words “date of loading”, followed by a suitable space in which the inspector shall insert the date when the tank car or truck is loaded. The label shall be located conspicuously and shall be printed on material of such character and so affixed as to preclude detachment or effacement upon exposure to the weather. Before the car or truck is removed from the place where it is unloaded, the carrier shall remove or obliterate such label.

(b) Tank cars and tank trucks carrying inspected and passed product from an official establishment to another official establishment shall be equipped for sealing and securely sealed by a department employee with an official seal of the department bearing the official inspection legend as prescribed in Part 312 of this Article.

1 CRR-NY 316.15 Marking outside containers of inedible grease, etc {#sec-1-crr-ny-316.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.15}

(a) Outside containers of inedible grease, inedible tallow, or other inedible animal fat, or mixture of any such articles, resulting from operations at any official establishment shall be marked conspicuously with the word “Inedible” prior to removal from the point of filling. Containers, such as tierces, barrels, and half barrels shall have both ends painted white with durable paint, if necessary, to provide a contrasting background, and the word “Inedible” shall be marked thereon in letters not less than two inches high, while on tank cars and tank trucks the letters shall be not less than four inches high.

(b) Inspected rendered animal fat which is intended not to be used for human food may also be marked “Inedible” if handled as provided in subdivision (a) of this section and Part 314 of this Article.

1 CRR-NY 316.16 Marking custom prepared products {#sec-1-crr-ny-316.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 316.16}

Carcasses and parts therefrom that are prepared on a custom basis under the provisions of Part 303 of this Article shall be marked at the time of preparation with the term “Not for Sale” in letters at least three-eighths inch in height, except that such products need not be so marked if in immediate containers properly labeled in accordance with the regulations in section 317.16 of this Article. Ink used for marking such products must comply with the requirements of section 316.5 of this Part.

Part 317 LABELING, MARKING DEVICES AND CONTAINERS

1 CRR-NY 317.1 Labels required; supervision by department employee {#sec-1-crr-ny-317.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.1}

(a) When, in an official establishment, any inspected and passed product is placed in any receptacle or covering constituting an immediate container, there shall be affixed to such container a label as described in section 317.2 of this Part except that the following do not have to bear such a label:

(1) Wrappings of dressed carcasses and primal parts in an unprocessed state, bearing the official inspection legend, if such wrappings are intended solely to protect the product against soiling or excessive drying during transportation or storage, and the wrappings bear no information except company brand names, trade marks, or code numbers which do not include any information required by section 317.2 of this Part;

(2) Uncolored transparent coverings, such as cellophane, which bear no written, printed, or graphic matter and which enclose any unpackaged or packaged product bearing all markings required by Part 316 of this Article which are clearly legible through such coverings;

(3) Animal and transparent artificial casings bearing only the markings required by Part 316 of this Article;

(4) Stockinettes used as “operative devices”, such as those applied to cured meats in preparation for smoking, whether or not such stockinettes are removed following completion of the operations for which they were applied;

(5) Containers such as boil-in bags, trays of frozen dinners, and pie pans which bear no information except company brand names, trade marks, code numbers, directions for preparation and serving suggestions, and which are enclosed in a consumer-size container that bears a label as described in section 317.2 of this Part; and

(6) Containers of products passed for cooking or refrigeration and moved from an official establishment under section 311.1 of this Article.

(b) Folders and similar coverings made of paper or similar materials, whether or not they completely enclose the product and which bear any written, printed or graphic matter, shall bear all features required on a label for an immediate container.

(c) No covering or other container which bears or is to bear a label shall be filled, in whole or in part, except with product which has been inspected and passed in compliance with the regulations in this Article, which is not adulterated and which is strictly in accordance with the statements on the label. No such container shall be filled, in whole or in part, and no label shall be affixed thereto, except under supervision of a department employee.

1 CRR-NY 317.2 Labels: definition; required features {#sec-1-crr-ny-317.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.2}

Agriculture and Markets Law, § 96-z-34

(a) A label within the meaning of this Part shall mean a display of any printing, lithographing, embossing, stickers, seals, or other written, printed or graphic matter upon the immediate container (not including package liners) of any product.

(b) Any word, statement, or other information required by this Part to appear on the label must be prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. In order to meet this requirement, such information must appear on the principal display panel except as otherwise permitted in this Part. All words, statements, and other information required by or under authority of the Agriculture and Markets Law to appear on the label or labeling shall appear thereon in the English language.

(c) Labels of all products shall show the following information on the principal display panel (except as otherwise permitted in this Part), in accordance with the requirements of this Part or, if applicable, Part 319 of this Article:

(1) The name of the product, which in the case of a product which purports to be or is represented as a product for which a definition and standard of identity or composition is prescribed in Part 319 of this Article, shall be the name of the food specified in the standard, and in the case of any other product shall be the common or usual name of the food, if any there be, and if there is none, a truthful descriptive designation, as prescribed in subdivision (e) of this section;

(2) If the product is fabricated from two or more ingredients, the word “ingredients” followed by a list of the ingredients as prescribed in subdivision (f) of this section;

(3) The name and place of business of the manufacturer, packer, or distributor for whom the product is prepared, as prescribed in subdivision (g) of this section;

(4) An accurate statement of the net quantity of contents, as prescribed in subdivision (h) of this section;

(5) An official inspection legend and, except as otherwise provided in subdivision (i) of this section, the number of the official establishment, in the form required by Part 312 of this Article; and

(6) Any other information required by the regulations in this Part or Part 319 of this Article.

(d) The principal display panel shall be the part of a label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for sale. Where packages bear alternate principal display panels, information required to be placed on the principal display panel shall be duplicated on each principal display panel. The principal display panel shall be large enough to accommodate all the mandatory label information required to be placed thereon by this Part and Part 319 of this Article with clarity and conspicuousness and without obscuring of such information by designs or vignettes or crowding. In determining the area of the principal display panel, exclude tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars. The principal display panel shall be:

(1) In the case of a rectangular package, one entire side, the area of which is at least the product of the height times the width of that side.

(2) In the case of a cylindrical or nearly cylindrical container:

(i) an area that is 40 percent of the product of the height of the container times the circumference of the container, or

(ii) a panel, the width of which is one third of the circumference and the height of which is as high as the container:

provided, however, that if there is immediately to the right or left of such principal display panel, a panel which has a width not greater than 20 percent of the circumference and a height as high as the container, and which is reserved for information prescribed in paragraphs (c)(2), (3), and (5) of this section, such panel shall be known as the “20 percent panel” and such information may be shown on that panel in lieu of showing it on the principal display panel, as provided in paragraphs (f)(3), (g)(2), and (i)(8) and (9) of this section.

(3) In the case of a container of any other shape, 40 percent of the total surface of the container.

(e) Any descriptive designation used as a product name for a product which has no common or usual name shall clearly and completely identify the product. Product which has been prepared by salting, smoking, drying, cooking, chopping or otherwise shall be so described on the label unless the name of the product implies, or the manner of packaging shows that the product was subjected to such preparation. The unqualified terms “meat”, “meat by-product”, “meat food product”, and terms common to the meat industry but not common to consumers such as “picnic”, “butt”, “cala”, “square”, “loaf”, “spread”, “delight”, “roll”, “plate”, “luncheon” and “daisy” shall not be used as names of a product unless accompanied with terms descriptive of the product or with a list of ingredients, as deemed necessary in any specific case by the commissioner in order to assure that the label will not be false or misleading.

(f)

(1) The list of ingredients shall show the common or usual names of the ingredients arranged in the descending order of predominance, except as otherwise provided in this paragraph.

(i) The term “flavorings” may be used to designate natural spices, essential oils, oleoresins and other natural spice extractives and the term “spices” may be used to designate natural spices, without naming each.

(ii) The term “corn syrup” may be used to designate either corn syrup or corn syrup solids.

(iii) The term “animal and vegetable fats” or “vegetable and animal fats” may be used to designate the ingredients of mixtures of such edible fats in product designated “compound” or “shortening”. “Animal fats” are used herein means fat derived from inspected and passed cattle, sheep, swine or goats.

(iv) When a product is coated with pork fat, gelatin, or other approved substance and a specific declaration of such coating appears contiguous to the name of the product, the ingredient statement need not make reference to the ingredients of such coating.

(v) When two meat ingredients comprise at least 70 percent of the meat and meat by-product ingredients of a formula and when neither of the two meat ingredients is less than 30 percent by weight of the total meat and meat by-products used, such meat ingredients may be interchanged in the formula without a change being made in the ingredients statement on labeling materials; provided, that the word “and” in lieu of a comma shall be shown between the declaration of such meat ingredients in the statement of ingredients.

(2) On containers of frozen dinners, entrees, pizzas, and similar consumer packaged products in cartons the ingredient statement may be placed on the front riser panel provided, that the words “see ingredients” followed immediately by an arrow is placed on the principal display panel immediately above the location of such statement without intervening print or designs.

(3) The ingredient statement may be placed on the 20 percent panel adjacent to the principal display panel and reserved for required information, in the case of a cylindrical or nearly cylindrical container.

(g)

(1) The name of the person that prepared the product or the name of the operator of the official establishment where the product is prepared by a subsidiary or tenant of the operator may appear as the name of the manufacturer or packer without qualification on the label. Otherwise the name of the distributor of the product shall be shown with a phrase such as “Prepared for ***” or “Distributed by ***”. The place of business of the manufacturer, packer, or distributor shall be shown on the label by city, State, and postal zip code when such business is listed in a telephone or city directory; and if not listed in such directory then the place of business shall be shown by street address, city, State and postal zip code.

(2) The name and place of business of the manufacturer, packer or distributor may be shown:

(i) On the principal display panel or

(ii) On the 20 percent panel adjacent to the principal display panel and reserved for required information, in the case of a cylindrical or nearly cylindrical container, or

(iii) On the front riser panel of frozen food cartons.

(h)

(1) The statement of net quantity of contents shall appear on the principal display panel of all containers to be sold at retail intact, in conspicuous and easily legible boldface print or type in distinct contrast to other matter on the package and shall be declared in accordance with the provisions of paragraphs (2) through (10) of this subdivision.

(2) The statement as it is shown on a label shall not be false or misleading and shall express an accurate statement of the quantity of contents of the container exclusive of wrappers and packing substances. Reasonable variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practice will be recognized. Variations from stated quantity of contents shall not be unreasonably large.

(3) The statement shall be placed on the principal display panel within the bottom 30 percent of the area of the panel in lines generally parallel to the base: provided, that on packages having a principal display panel of five square inches or less, the requirement for placement within the bottom 30 percent of the area of the label panel shall not apply when the statement meets the other requirements of this subdivision. In any case, the statement may appear in more than one line. The terms “net weight” or “net wt.” shall be used when stating the net quantity of contents in terms of weight and the term “net contents” or “content” when stating the net quantity of contents in terms of fluid measure.

(4) Except as provided in section 317.7 the statement shall be expressed in terms of avoirdupois weight or liquid measure. Where no general consumer usage to the contrary exists, the statement shall be in terms of liquid measure, if the product is liquid, or in terms of weight if the product is solid, semisolid viscous or a mixture of solid and liquid. For example, a declaraton of three-quarter pound avoirdupois weight shall be expressed as “Net Wt. 12 oz.” except as provided for in paragraph (5) of this subdivision for random weight packages; a declaration of one and one-half pounds avoirdupois weight shall be expressed as “Net Wt. 24 oz. (1 lb. 8 oz.)”, “Net Wt. 24 oz. (1 ½ lb.)”, or “Net Wt. 24 oz. (1.5 lbs.)”.

(5) On packages containing one pound or one pint and less than four pounds or one gallon, the statement shall be expressed as a dual declaration both in ounces and (immediately thereafter in parenthesis) in pounds, with any remainder in terms of ounces or common or decimal fraction of the pound, or in the case of liquid measure, in the largest whole units with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart, except that on random weight packages the statement shall be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places, for packages over one pound, and for packages which do not exceed one pound the statement may be in decimal fractions of the pound in lieu of ounces.

(6) The statement shall be in letters and numerals in type size established in relationship to the area of the principal display panel of the package and shall be uniform for all packages of substantially the same size by complying with the following type specifications:

(i) Not less than one-sixteenth inch in height on packages, the principal display panel of which has an area of five square inches or less;

(ii) Not less than one-eighth inch in height on packages, the principal display panel of which has an area of more than five but not more than 25 square inches;

(iii) Not less than three-sixteenths inch in height on packages, the principal display panel of which has an area of more than 25 but not more than 100 square inches;

(iv) Not less than one-quarter inch in height on packages, the principal display panel of which has an area of more than 100 but not more than 400 square inches;

(v) Not less than one-half inch in height on packages, the principal display panel of which has an area of more than 400 square inches.

(7) The ratio of height to width of letters and numerals shall not exceed a differential of three units to one unit (no more than three times as high as it is wide). Heights pertain to upper case or capital letters. When upper and lower case or all lower case letters are used, it is the lower case letter “o” or its equivalent that shall meet the minimum standards. When fractions are used, each component numeral shall meet one-half the height standards.

(8) The statement shall appear as a distinct item on the principal display panel and shall be separated by a space at least equal to the height of the lettering used in the statement from other printed label information appearing above or below the statement and by a space at least equal to twice the width of the letter “N” of the style of type used in the quantity of contents statement from other printed label information appearing to the left or right of the statement. It shall not include any term qualifying a unit of weight, measure, or count such as, “jumbo quart”, “full gallon”, “giant quart”, “when packed”, “Minimum” or words of similar import.

(9) The following exemptions from the requirements contained in this subdivision (h) are hereby established:

(i) Individually wrapped and labeled packages of less than one-half ounce net weight which are in a shipping container, need not bear a statement of net quantity of contents as specified in this subdivision (h) when the statement of net quantity of contents on the shipping container meets the requirements of this subdivision (h);

(ii) Random weight consumer size packages bearing labels declaring net weight, price per pound, and total price, shall be exempt from the type size, dual declaration and placement requirements of this subdivision (h), if an accurate statement of net weight is shown conspicuously on the principal display panel of the package.

(iii) Margarine in 1 pound rectangular packages (except packages containing whipped or soft margarine or packages that contain more than four sticks) is exempt from the requirements of paragraphs (3) and (5) of this subdivision (h) regarding the placement of the statement of the net quantity of contents within the bottom 30 percent of the principal display panel and that the statement be expressed both in ounces and in pounds, if the statement appears as “1 pound” or “one pound” in a conspicuous manner on the principal display panel.

(iv) Sliced shingle packed bacon in rectangular packages containing eight ounces, one pound or two pounds exempt from the requirements of paragraphs (3) and (5) of this subdivision regarding the placement of the statement of the net quantity of contents within the bottom 30 percent of the principal display panel and that the statement be expressed both in ounces and in pounds if the statement appears as “8 oz.”, “½pound”, “1 pound”, “one pound”, “2 pounds” or “two pounds” as the case may be in a conspicuous manner on the principal display panel.

(10) Labels for containers which bear any representation as to the number of servings contained therein shall bear, contiguous to such representation, and in the same size type as is used for such representation, a statement of the net quantity of each such serving.

(11) As used in this section a “random weight package” is one which is one of a lot, shipment, or delivery of packages of the same product with varying weights and with no fixed weight pattern.

(12) On a multiunit retail package, a statement of the net quantity of contents shall appear on the outside of the package and shall include the number of individual units, the quantity of each individual unit, and in parentheses, the total net quantity of contents of the multiunit package in terms of avoirdupois or fluid ounces, except that such declaration of total quantity need not be followed by an additional parenthetical declaration in terms of the largest whole units and subdivisions thereof, as required by paragraph (h)(5) of this section. For the purposes of this section “multiunit retail package” means a package containing two or more individually packaged units of the identical commodity and in the same quantity, with the individual packages intended to be sold as part of the multiunit retail package but capable of being individually sold in full compliance with all requirements of the regulations in this Part. Open multiunit retail packages that do not obscure the number of units and the labeling thereon are not subject to this paragraph if the labeling of each individual unit complies with the requirements of paragraphs (2), (3), (6) and (8) of this subdivision.

(13) Shingle packed sliced bacon cartons containing product weighing other than eight ounces, one pound, or two pounds shall have the statement of the net quantity of contents shown with the same prominence as the most conspicuous feature on the label, and printed in a color of ink contrasting sharply with the background and such containers of sliced bacon that are rectangular are exempt from the requirements of paragraphs (3) and (5) of this subdivision regarding the placement of the statement of the net quantity of contents within the bottom 30 percent of the principal display panel and that the statement be expressed both in ounces and in pounds.

(i)

(1) The official establishment number shall be either embossed or lithographed on all hermetically sealed metal, plastic or glass containers of products fully processed within such containers in an official establishment, except that such containers which bear labels lithographed directly on the container and in which the establishment number is incorporated need not have the establishment number separately embossed or lithographed thereon. Labels shall not be affixed to containers so as to obscure the embossed or lithographed establishment number.

(2) When any product is placed in a carton or in a wrapper of paper or cloth or in any other type of container approved by the commissioner, which is labeled in accordance with this Part, the official inspection legend and the official establishment number as specified in subdivision (c) of this section, may be applied by means of a sticker to be securely and prominently affixed, along with the name of product, at a place on the label reserved for the purpose. In case there are two or more display panels featuring the name of product, the inspection sticker shall be affixed to each panel.

(3) The official establishment number may be omitted from the official inspection legend on cartons used as outer containers of edible fats, such as lard and oleomargarine, when such products are enclosed in wrappers which bear an official inspection legend containing the official establishment number.

(4) The official establishment number may be omitted from the official inspection legend on the immediate containers of sliced bacon, frozen dinners and pies, and similarly packaged products when the official establishment number is placed on an end panel at the time of packaging and when it is presented on a single colored background in a prominent and legible manner in a size sufficient to insure easy recognition.

(5) The official establishment number may be omitted from the official inspection legend on consumer size packages of sliced meat food products when official establishment number is printed on the label at the time of packaging and when it is presented on a single colored background in a prominent and legible manner in a size sufficient to insure easy recognition.

(6) The official establishment number may be omitted from the official inspection legend on consumer size containers of meat food products in aluminum pans or trays when the official establishment number is embossed in such pans or trays and when a statement such as “Est. No. on Pan” is placed contiguous to the official inspection legend on the container.

(7) The official establishment number may be omitted from the official inspection legend printed on artificial casings or bags enclosing meat food products when the official establishment number is etched in ink on a flat surface of a metal clip used to close the container in a prominent and legible manner in a size sufficient to insure easy recognition and when a statement, such as, “Est. No. on Metal Clip” is placed contiguous to the official inspection legend on the casing or bag.

(8) The official establishment number may be omitted from the official inspection legend printed on paper labels of canned products when the official establishment number is printed on the principal display panel, or on the 20 percent panel as permitted under paragraph (9), at the time of labeling the container; or the official establishment number may be printed on the back of the paper label when the statement “Est. No. on Back of Label” is printed contiguous to the official inspection legend, in a prominent and legible manner in a size sufficient to insure easy recognition.

(9) The official inspection legend, and the official establishment number when required under this subdivision, may be placed on the 20 percent panel adjacent to the principal display panel and reserved for required information, in the case of a cylindical or nearly cylindrical container.

(j) Labels of any product within any of the following paragraphs shall show the information required by such paragraph for such product:

(1) A label for product which is an imitation of another food shall bear the word “imitation” immediately preceding the name of the food imitated and in the same size and style of lettering as in that name and immediately thereafter the word “ingredients”; and the names of the ingredients arranged in the order of their predominance.

(2) If a product purports to be or is represented for any special dietary use by man, its label shall bear a statement concerning its vitamin, mineral, and other dietary properties upon which the claim for such use is based in whole or in part and shall be in conformity with regulations (21 CFR Part 125) established pursuant to sections 403 and 701 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 343, 371).

(3) When an approved artificial smoke flavoring or an approved smoke flavoring is added as an ingredient in the formula of a meat food product, as permitted in Part 318 of this Article, there shall appear on the label, in prominent letters and contiguous to the name of the product, a statement such as “Artificial Smoke Flavoring Added” or “Smoke Flavoring Added”, as may be applicable, and the ingredient statement shall identify any artificial smoke flavoring or smoke flavoring so added as an ingredient in the formula of the meat food product.

(4) When any other artificial flavoring is permitted under Part 318 of this Article to be added to a product, the ingredient statement shall identify it as “Artificial Flavoring”.

(5) When artificial coloring is added to edible fats as permitted under Part 318 of this Article such substance shall be declared on the label in a prominent manner and contiguous to the name of the product by the words “Artificially colored” or “Artificial coloring added” or “With added artificial coloring”. When natural coloring such as annatto is added to edible fats as permitted under Part 318 such substance shall be declared on the label in the same manner by a phrase such as “Colored with annatto”.

(6) When product is placed in a casing to which artificial coloring is applied as permitted under Part 318 of this Article, there shall appear on the label, in a prominent manner and contiguous to the name of the product, the words, “Artificially colored”.

(7) If a casing is removed from product at an official establishment and there is evidence of artificial coloring on the surface of the product, there shall appear on the label, in a prominent manner and contiguous to the name of product, the words “Artificially colored”.

(8) When a casing is colored prior to its use as a covering for product and the color is not transferred to the product enclosed in the casing, no reference to color need appear on the label but no such casing may be used if it is misleading or deceptive with respect to color, quality, or kind of product, or otherwise.

(9) Product which bears or contains any other artificial coloring, as permitted under Part 318 of this Article, shall bear a label stating that fact on the immediate container or if there is none, on the product.

(10) When an antioxidant is added to product as permitted under Part 318 of this Article, there shall appear on the label in prominent letters and contiguous to the name of the product, a statement identifying the officially approved specific antioxidant by its common name or abbreviation thereof and the purpose for which it is added, such as, “BHA, BHT and Propylgallate added to help protect flavor”.

(k) Packaged products which require special handling to maintain their wholesome condition shall have prominently displayed on the principal display panel of the label the statement: “KEEP REFRIGERATED,” “KEEP FROZEN”, “PERISHABLE KEEP UNDER REFRIGERATION”, or such similar statement as the commissioner may approve in specific cases. Products that are distributed frozen during distribution and thawed prior to or during display for sale at retail shall bear the statement on the shipping container: “KEEP FROZEN”. The consumer-size containers for such products shall bear the statement “PREVIOUSLY HANDLED FROZEN FOR YOUR PROTECTION, REFREEZE OR KEEP REFRIGERATED”. For all perishable canned products the statement shall be shown in upper case letters one-fourth inch in height for containers having a net weight of three pounds or less, and for containers having a net weight over three pounds, the statement shall be in upper case letters at least one-half inch in height.

1 CRR-NY 317.3 Approval of abbreviations of marks of inspection; preparation of marking devices bearing inspection legend without advance approval prohibited; exception {#sec-1-crr-ny-317.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.3}

(a) The commissioner may approve and authorize the use of abbreviations of marks of inspection under the regulations in this Article. Such abbreviations shall have the same force and effect as the respective marks for which they are authorized abbreviations.

(b) Except for the purpose of submitting a sample or samples of the same to the commissioner for approval, no person shall procure, make, or prepare or cause to be procured, made or prepared, labels, brands, or other marking devices bearing the inspection legend or any abbreviations, copy or representation thereof, for use on any product without the written authority therefor of the commissioner. However, when any sample label, brand or other marking device is approved by the commissioner, new supplies of such labels and new brands and other marking devices of a character exactly similar to such approved sample may be procured, made, or prepared for use in accordance with the regulations in this Article, without further approval by the commissioner.

1 CRR-NY 317.4 Labels to be approved by the commissioner {#sec-1-crr-ny-317.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.4}

(a) Except as provided in subdivision (d) of this section no label shall be used on any product until it has been approved in its final form by the commissioner. For the convenience of the establishment sketches or proofs of new labels may be submitted in triplicate through the officer in charge to the department for approval and the preparation of finished labels deferred until such approval is obtained. All finished labels shall be submitted in quadruplicate through the officer in charge to the department for approval.

(b) In case of lithographed labels, paper take-offs in lieu of sections of the metal containers shall be submitted for approval. Such paper take-offs shall not be in the form of a negative but shall be a complete reproduction of the label as it will appear on the package, including any color scheme involved. In case of fiber containers, printed layers, such as the kraft paper sheet, shall be submitted for approval in lieu of the complete container.

(c) Inserts, tags, liners, pasters and like devices containing printed or graphic matter and for use on, or to be placed within, containers and coverings of product shall be submitted for approval in the same manner as provided for labels in subdivision (a) of this section, except that officers in charge may permit use of such devices which contain no reference to product and bear no misleading feature.

(d) Stencils, labels, box dies and brands may be used on shipping containers and on such immediate containers as tierces, barrels, drums, boxes, crates and large-size fiberboard containers provided the markings are applicable to the product, are not false or deceptive, and are used with the approval of the officer in charge. The inspection legend for use in combination with such markings shall be approved by the commissioner.

1 CRR-NY 317.5 Officer in charge may permit modifications of approved labels {#sec-1-crr-ny-317.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.5}

The officer in charge may permit modification of approved labels, or markings under the following circumstances, provided the labeling or marking as modified is so used as not to be false or misleading:

(a) When all features of the label or marking are proportionately enlarged and the color scheme remains the same;

(b) When there is substitution of such abbreviations as “lb.” for “pound”, or “oz.” for “ounce”, or the word “pound” or “ounce” is substituted for the abbreviation;

(c) When a master or stock label has been approved from which the name and address of the distributor are omitted and such name and address are applied before being used (in such case, the words “prepared for” or similar statement must be shown together with the blank space reserved for the insertion of the name and address when such labels are offered for approval);

(d) When, during Christmas and other holiday seasons, wrappers or other covers bearing floral or foliage designs or illustrations or rabbits, chicks, fireworks, or other emblematic holiday designs are used with approved labels or markings. (The use of such designs will not make necessary the application of labeling not otherwise required);

(e) When there is a slight change in arrangement of directions pertaining to the opening of cans or the serving of the product;

(f) When there is a change in the quantity of an ingredient shown in the formula without a change in the order of predominance shown on the label; provided, that the change in quantity of ingredients complies with any minimum or maximum limits for the use of such ingredients prescribed in Parts 318 and 319 of this Article.

1 CRR-NY 317.6 Approved labels to be used only on products to which they are applicable {#sec-1-crr-ny-317.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.6}

Labels shall be used only on products for which they are approved, and only if they have been approved for such products in accordance with section 317.3 of this Part; provided that existing stocks of labels approved prior to the effective date of this section and the quantity of which has been identified to the officer in charge as being in storage on said date at the official establishment or other identified warehouse for the account of the operator of the official establishment may be used until such stocks are exhausted, but not later than one year after the effective date of this section unless such labels conform to all the requirements of this Part and Part 319 of this Article. The commissioner may upon the show of good cause grant individual extension of time as he deems necessary.

1 CRR-NY 317.8 False or misleading labeling or practices generally; specific prohibitions and requirements for labels and containers {#sec-1-crr-ny-317.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.8}

Agriculture and Markets Law, § 96-z-34

(a) No product or any of its wrappers, packaging, or other containers shall bear any false or misleading marking, label, or other labeling and no statement, word, picture, design or device which conveys any false impression or gives any false indication of origin or quality or is otherwise false or misleading shall appear in any marking or other labeling. No product shall be wholly or partly enclosed in any wrapper, packaging or other container that is so wholly or partly enclosed in any wrapper, packaging or other container that is so made, formed or filled as to be misleading.

(b) The labels and containers of product shall comply with the following provisions, as applicable:

(1) Terms having geographical significance with reference to a lacality other than that in which the product is prepared may appear on the label only when qualified by the word “style”, “type” or “brand”, as the case may be, in the same size and style of lettering as in the geographical term, and accompanied with a prominent qualifying statement identifying the country, State, territory or locality in which the product is prepared, using terms appropriate to effect the qualification. When the word “style” or “type” is used, there must be a recognized style or type of product identified with and peculiar to the area represented by the geographical term and the product must possess the characteristics of such style or type and the word “brand” shall not be used in such a way as to be false or misleading; provided, that a geographical term which has come into general usage as a trade name and which has been approved by the commissioner as being a generic term may be used without the qualifications provided for in this paragraph. The terms “frankfurter”, “vienna”, “bologna”, “lebanon bologna”, “braunschweiger”, “thuringer”, “genoa”, “leona”, “berliner”, “holstein”, “goteborg”, “milan”, “polish”, “italian” and their modifications, as applied to sausages, the terms “brunswick” and “irish” as applied to stews and the term “boston” as applied to pork shoulder butts need not be accompanied with the word “style”, “type” or “brand” or a statement identifying the locality in which the product is prepared.

(2) Such terms as “farm” or “country” shall not be used on labels in connection with products unless such products are actually prepared on the farm or in the country; provided, that if the product is prepared in the same way as on the farm or in the country these terms, if qualified by the word “style” in the same size and style of lettering, may be used; provided further, that the term “farm” may be used as a part of a brand designation when qualified by the word “brand” in the same size and style of lettering, and followed with a statement identifying the locality in which the product is prepared. Sausage containing cereal shall not be labeled “farm style” or “country style” and lard not rendered in an open kettle shall not be designated as “farm style” or “country style”.

(3) The requirement that the label shall contain the name and place of business of the manufacturer, packer or distributor shall not relieve any establishent from the requirement that its label shall not be misleading in any particular.

(4) The term “spring lamb” or “genuine spring lamb” is applicable only to carcasses of new-crop lambs slaughtered during the period beginning in March and terminating not beyond the close of the week containing the first Monday in October.

(5) (i) Coverings shall not be of such color, design or kind as to be misleading with respect to color, quality or kind of product to which they are applied. For example, transparent or semitransparent coverings for such articles as sliced bacon or fresh (uncooked) meat and meat food products shall not bear lines or other designs of red or other color which give a false impression of leanness of the product. Transparent or semitransparent wrappers, casings or coverings for use in packaging cured, cured and smoked or cured and cooked sausage products and sliced ready-to-eat meat food products may be color tinted or bear red designs on 50 percent of such wrapper or covering: provided, that the transparent or semitransparent portion of the principal display panel is free of color tinting and red designs: and provided further, that the principal display panel provides at least 20 percent unobstructed clear space, consolidated in one area so that the true nature and color of the product is visible to the consumer.

(ii) Packages for sliced bacon that have a transparent opening shall be designed to expose, for viewing, the cut surface of a representative slice. Packages for sliced bacon which meet the following specifications will be accepted as meeting the requirements of this subparagraph provided the enclosed bacon is positioned so that the cut surface of the representative slice can be visually examined:

(a) For shingle-packed sliced bacon, the transparent window shall be designed to reveal at least 70 percent of the length (longest dimension) of the representative slice, and this window shall be at least 1 ½ inches wide. The transparent window shall be located not more than five-eighths inch from the top or bottom edge of a 1-pound or smaller package and not more than three-fourths inch from either the top or bottom edge of a package larger than one pound.

(b) For stack-packed sliced bacon, the transparent window shall be designed to reveal at least 70 percent of the length (longest dimension) of the representative slice and be at least 1 ½ inches wide.

(6) The word “fresh” shall not be used on labels to designate product which contains any sodium nitrate, sodium nitrite, potassium nitrate or potassium nitrite or which has been salted for preservation.

(7) No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring, as the case may be, except that spice may be considered to be flavoring as provided in section 317.2(f)(1)(i). An ingredient that is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as “spice and coloring”, or “flavoring and coloring”, as the case may be, unless such ingredient is designated by its specific name.

(8) As used on labels of product, the term “gelatin” shall mean (i) the jelly prepared in official establishments by cooking pork skins, tendons or connective tissue from inspected and passed product and (ii) dry commercial gelatin or the jelly resulting from its use.

(9) Product (other than canned product) labeled with the term “loaf” as part of its name:

(i) If distributed from the official establishment in consumer size containers may be in any shape;

(ii) If distributed in a container of a size larger than that sold intact at retail the product shall be prepared in rectangular form, or as in (iii) of this paragraph;

(iii) If labeled as an “Old Fashioned Loaf” shall be prepared in a traditional form, such as rectangular with round top or circular with flat bottom and rounded top.

(10) The term “baked” shall apply only to product which has been cooked by the direct action of dry heat and for a sufficient time to permit the product to assume the characteristics of a baked article, such as the formation of a brown crust on the surface, rendering out of surface fat and the carmelization of the sugar if applied. Baked loaves shall be heated to a temperature of at least 160 degrees Fahrenheit and baked pork cuts shall be heated to an internal temperature of at least 170 degrees Fahrenheit.

(11) When products such as loaves are browned by dipping in hot edible oil or by a flame, the label shall state such fact, e.g., by the words “Browned in Hot Cottonseed Oil” or “Browned by a Flame”, as the case may be, appearing as part of the product name.

(12) The term “meat” and the names of particular kinds of meat, such as beef, veal, mutton, lamb and pork, shall not be used in such manner as to be false or misleading.

(13) The word “ham”, without any prefix indicating the species of animal from which derived, shall be used in labeling only in connection with the hind legs of swine. Ham shanks as such or ham shank meat as such or the trimmings accruing in the trimming and shaping of hams shall not be labeled “ham” or “ham meat” without qualification. When used in connection with a chopped product the term “ham” or “ham meat” shall not include the skin.

(14) The terms “shankless” and “hockless” shall apply only to hams and pork shoulders from which the shank or hock has been completely removed, thus eliminating the entire tibia and fibula, or radius and ulna, respectively, together with the overlying muscle, skin and other tissue.

(15) Such terms as “meat extract” or “extract of beef” without qualification shall not be used on labels in connection with products prepared from organs or other parts of the carcass, other than fresh meat. Extracts prepared from any parts of the carcass other than fresh meat may be properly labeled as extracts with the true name of the parts from which prepared. In the case of extract in fluid form, the word “fluid” shall also appear on the label, as for example, “fluid extract of beef”.

(16) When cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, dried milk, nonfat dry milk or calcium reduced dried skim milk is added to sausage within the limits prescribed in Part 319 of this Article, there shall appear on the label in a prominent manner, contiguous to the name of the product, the name of each such added ingredient, as for example, “Cereal Added”, “With Cereal”, “Potato Flour Added”, “Cereal and Potato Flour Added”, “Soy Flour Added”, “Soy Protein Concentrate Added”, “Isolated Soy Protein Added”, “Nonfat Dry Milk Added”, “Calcium Reduced Dried Skim Milk Added” or “Cereal and Nonfat Dry Milk Added”, as the case may be.

(17) When any product is enclosed in a container along with a packing substance such as brine, vinegar or agar jelly, a declaration of the packing substance shall be printed prominently on the label as part of the name of the product, as for example, “frankfurts packed in brine”, “lamb tongue packed in vinegar” or “beef tongue packed in agar jelly” as the case may be. The packing substance shall not be used in such a manner as will result in the container being so filled as to be misleading.

(18) “Leaf lard” is lard prepared from fresh leaf fat.

(19) When lard or hardened lard is mixed with rendered pork fat or hardened rendered port fat, the mixture shall be designated as “rendered pork fat” or “hardened rendered pork fat”, as the case may be.

(20) Oil, stearin or stock obtained from beef or mutton fats rendered at a temperature above 170 degrees Fahrenheit shall not be designated as “oleo oil”, “oleo stearin” or “oleo stock”, respectively.

(21) When not more than 20 percent of beef fat, mutton fat, oleo stearin, vegetable stearin, or hardened vegetable fat is mixed with lard or with rendered pork fat, there shall appear on the label, contiguous to and in the same size and style of lettering as the name of the product, the words “beef fat added”, “mutton fat added”, “oleo stearin added”, “vegetable stearin added” or “hardened vegetable fat added”, as the case may be. If more than 20 percent is added, the product name shall refer to the particular animal fat or fats used, such as, “Lard and Beef Fat”. The designation “vegetable fat” is applicable to vegetable oil, vegetable stearing, or a combination of such oil and stearin, whereas the designations “vegetable oil” and “vegetable stearin” shall be applicable only to the oil and the stearin respectively, when used in meat food products.

(22) Cooked, cured or pickled pigs feet, pigs knuckles and similar products, shall be labeled to show that the bones remain in the product, if such is the case. The designation “semi-boneless” shall not be used if less than 50 percent of the total weight of bones has been removed.

(23) When monoglycerides, diglycerides, and/or polyglycerol esters of fatty acids are added to rendered animal fat or a combination of such fat and vegetable fat, there shall appear on the label in a prominent manner and contiguous to the name of the product a statement such as “With Monoglycerides and Diglycerides Added”, or “With Diglycerides and Monoglycerides” or “With Polyglycerol Esters of Fatty Acids” as the case may be.

(24) Colored oleomargarine or colored margarine packed for retail sale shall be in containers not exceeding one-pound capacity, labeled as follows:

(i) The word “oleomargarine” or “margarine” shall appear on each principal display panel of the container in type of lettering at least as large and in at least the same prominence as any other type of lettering appearing on such container.

(ii) A full and accurate statement of all the ingredients contained in such oleomargarine or margarine shall be prominently and informatively displayed contiguous to the word “oleomargarine” or “margarine” wherever such word is featured on the container. The ingredients shall be shown by their common or usual name and be arranged in the order of their predominance. Collective terms such as “animal fat” and “vegetable fat” shall not be used but the specific fat, oil or stearin shall be shown.

(iii) Each part of the contents of the container shall be enclosed in a wrapper bearing the word “oleomargarine” or “margarine” in type or lettering not smaller than 20-point type.

(iv) Wrapped quarter pound sticks or similar units of such oleomargarine or margarine packaged together in a container may constitute units for retail sale and they shall be individually wrapped and labeled in accordance with subparagraphs (i), (ii) and (iii) of this paragraph.

(25) When approved proteolytic enzymes as permitted in Part 318 of this Article are used on steaks or other meat cuts in an official establishment, there shall appear on the label contiguous to the product name, a prominent descriptive statement, such as “Dipped in a solution of Papain”, to indicate the use of such enzymes.

(26) When dimethylpolysiloxan is added as an antifoaming agent to rendered fats, its presence shall be declared on the label contiguous to the name of the product. Such declaration shall read “Dimethylpolysiloxan Added”.

(27) When pizzas are formulated with crust containing calcium propionate or sodium propionate, there shall appear on the label contiguous to the name of the product the statement “____ added to retard spoilage of crust” preceded by the name of the preservative.

(28) Sausage of the dry varieties treated with potassium sorbate or propylparaben (propyl p-hydroxybenzoate) as permitted by Part 318 of this Article, shall be marked or labeled with a statement disclosing such treatment and the purpose thereof, such as “dipped in a potassium sorbate solution to retard mold growth”.

(29) Meat of goats shall be identified as goat meat or chevon.

(30) The term “chitterlings” shall apply to the large intestines of swine, or young bovine animals when preceded with the ward “calf” or “veal”. Meat food products that contain chitterlings or calf or veal chitterlings, in accordance with section 318.6(b)(8) of this Article shall be identified with product names that refer to such ingredients, as for instance, “Chitterling Loaf”, “Chitterling Pie”, or “Calf Chitterlings and Gravy”, and shall be packed in containers having a capacity of three pounds or less and of a kind usually sold at retail intact and bearing such other information as is required by this Part.

(31) Products that contain blood from livestock as permitted by Part 318 of this Article shall be labeled with a name that includes the term “blood”, and the specific kind of blood shall be declared in the ingredient statement, e.g., “Swine blood”, in the manner required by this Part.

(32) A calendar date may be shown on labeling when declared in accordance with the provisions of this paragraph:

(i) The calendar date shall express the month of the year and the day of the month for all products and also the year in the case of products hermetically sealed in metal or glass containers, dried or frozen products, or any other products that the commissioner finds should be labeled with the year because the distribution and marketing practices with respect to such products may cause a label without a year identification to be misleading.

(ii) Immediately adjacent to the calendar date shall be a phrase explaining the meaning of such date, in terms of “packing” date, “sell by” date, or “use before” date, with or without a further qualifying phrase, e.g., “For Maximum Freshness” or “For Best Quality”, and such phrases shall be approved by the commissioner as prescribed in section 317.4 of this Part.

(33) When bread, cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, or isolated soy protein is added in bockwurst as permitted in section 319.281 of this Article, there shall appear on the label in a prominent manner and contiguous to the product name, the name of such added ingredient, e.g., “bread added”, “cereal added”, or “soy protein concentrate added”, as the case may be.

(34) The terms, “all”, “pure”, “100%”, and terms of similar connotation shall not be used on labels for products to identify ingredient content, unless the product is prepared solely from a single ingredient.

1 CRR-NY 317.9 Labeling of equine products {#sec-1-crr-ny-317.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.9}

Agriculture and Markets Law, § 96-z-34

The immediate containers of any equine products shall be labeled to show the kinds of animals from which derived, when the products are sold, transported, offered for sale or transportation or received for transportation.

1 CRR-NY 317.10 Reuse of official inspection marks; reuse of containers bearing official marks, labels, etc {#sec-1-crr-ny-317.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.10}

(a) No official inspection legend or other official mark which has been previously used shall be used again for the identification of any product, except as provided for in subdivision (b) of this section.

(b) All stencils, marks, labels or other labeling on previously used containers, whether relating to any product or otherwise, shall be removed or obliterated before such containers are used for any product, unless such labeling correctly indicates the product to be packed therein and such containers are refilled under the supervision of a department employee.

1 CRR-NY 317.11 Labeling, filling of containers, handling of labeled products to be only in compliance with regualtions {#sec-1-crr-ny-317.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.11}

(a) No person shall in any official establishment apply or affix, or cause to be applied or affixed, any label to any product prepared or received in such establishment, or to any container thereof, or fill any container at such establishment, except in compliance with the regulations in this Article.

(b) No covering or other container shall be filled, in whole or in part, at any official establishment with any product unless it has been inspected and passed in compliance with the regulations in this Article, is not adulterated, and is strictly in accordance with the statements on the label, and such filling is done under the supervision of a department employee.

(c) No person shall remove, or cause to be removed from an official establishment any product bearing a label unless such label is in compliance with the regulations in this Article, or any product not bearing a label required by such regulations.

1 CRR-NY 317.12 Relabeling products; requirements {#sec-1-crr-ny-317.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.12}

When it is claimed by an official establishment that any of its products which bore labels bearing official marks has been transported to a location other than an official establishment, and it is desired to relabel the product because the labels have become utilated or otherwise damaged, a request for relabeling the product shall be sent to the commissioner, accompanied with a statement of the reasons therefor. Labeling material intended for relabeling inspected and passed product shall not be transported from an official establishment until permission has been received from the commissioner. The relabeling of inspected and passed product with labels bearing any official marks shall be done under the supervision of a department inspector. The official establishent shall reimburse the department, in accordance with the regulations of the department, for any cost involved in supervising the relabeling of such product.

1 CRR-NY 317.13 Storage and distribution of labels and containers bearing official marks {#sec-1-crr-ny-317.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.13}

Labels, wrappers and containers bearing any official marks, with or without the establishment number, may be transported from one official establishment to any other official establishment provided such shipments are made with the prior authorization of the officer in charge at point of origin, who will notify the officer in charge at destination concerning the date of shipment, quantity, and type of labeling material involved. No such material shall be used at the establishment to which it is shipped unless such use conforms with the requirements of this Article.

1 CRR-NY 317.14 Reporting of obsolete labels {#sec-1-crr-ny-317.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.14}

Once a year, or oftener if necessary, the operator of each official establishment shall submit to the commissioner, in quadruplicate, a list of approved labels no longer used or a list of the documents issued by the commissioner approving the labels involved. The approved labels shall be identified by the approval number, the date of approval, and the name of the product, or other designation showing the class of labeling material.

1 CRR-NY 317.16 Labeling and containers of custom prepared products {#sec-1-crr-ny-317.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.16}

Agriculture and Markets Law, § 96-z-34

Products that are custom prepared under the provisions of Part 303 of this Article must be packaged immediately after preparation and labeled in lieu of information otherwise required by Part 317 of this Article with the words “Not for Sale” in lettering not less than three-eighths inch in height. Such exempted custom prepared products or their containers may bear additional labeling provided such labeling is not false or misleading.

1 CRR-NY 317.17 Interpretation and statement of labeling policy for cured products {#sec-1-crr-ny-317.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.17}

Agriculture and Markets Law, § 96-z-34

Any substance mixed with another substance to cure a product must be identified in the ingredients statement on the label of such product. For example, curing mixtures composed of such ingredients as water, salt, sugar, sodium phosphate, sodium nitrate, and sodium nitrite or other permitted substances which are added to any product, must be identified on the label of the product by listing each such ingredient in accordance with the provisions of section 317.2 of this Part.

1 CRR-NY 317.19 Jar closure requirements {#sec-1-crr-ny-317.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 317.19}

Agriculture and Markets Law, § 96-z-34

Vacuum packed containers sealed with a quick-twist, screw-on, or snap-on lids (or closures) shall not have an annular space between the inner edge of the lid's rim (lip or skirt) and the container itself or shall have such space sealed in a manner that will make it inaccessible to filth and insects.

Part 318 ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND PREPARATION OF PRODUCTS

1 CRR-NY 318.1 Products and other articles entering official establishments {#sec-1-crr-ny-318.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.1}

(a) Except as otherwise provided in subdivisions (g) and (h) of this section, or section 318.12 of this Part, no product shall be brought into an official establishment unless it has been prepared only in an official establishment and previously inspected and passed by a department employee, and is identified by an official inspection legend as so inspected and passed or prepared in an establishment operating under Federal inspection and is identified as “U.S. Inspected and Passed”. Notwithstanding the foregoing provisions of this section, product imported in accordance with the import requirements of the Federal Meat Inspection Act and regulations pursuant thereto and so identified, may enter any official establishment subject in other respects to the same restrictions as apply to domestic product. Products received in an official establishment during the department employees absence shall be identified and maintained in a manner acceptable to such employee. Product entering any official establishment shall not be used or prepared thereat until it has been reinspected in accordance with section 318.2 of this Part. Any product originally prepared at any official establishment may not be returned into any part of such establishment, except the receiving area approved under section 318.3 of this Part, until it has been reinspected by the inspector.

(b) No slaughtered poultry or poultry product shall be brought into an official establishment unless it has been (1) previously inspected and passed and is identified as such in accordance with the requirements of the Federal Poultry Products Inspection Act (21 U.S.C. 451 et seq.) and the regulations thereunder, and has not been prepared other than in an establishment inspected under said act, or (2) has been inspected and passed and is identified as such in accordance with the requirements of article 5-D of the Agriculture and Markets Law and the regulations promulgated thereunder.

(c) Every article for use as an ingredient in the preparation of meat food products, when entering any official establishment and at all times while it is in such establishment, shall bear a label showing the name of the article, the amount or percentage therein of any substances restricted by this Part or Part 317 of this Article and a list of ingredients in the article if composed of two or more ingredients: provided, that in the case of articles received in tank car lots, only one such label shall be used to identify each lot. In addition, the label must show the name and address of the shipper.

(d) Containers of preparations which enter any official establishment for use in cooling or retort water, in hog scalding water, or in denuding of tripe shall at all times while they are in such establishment bear labels showing the chemical names of the chemicals in such preparations. In the case of any preparation containing any chemicals which are specifically limited by section 318.7(c)(4) as to amount permitted to be used, the labels on the containers shall also show the percentage of each such chemical in the preparation.

(e) Dyes, chemicals, or other substances the use of which is restricted to certain products may be brought into or kept in an official establishment only if such products are prepared thereat. No prohibited dye, chemical, preservative, or other substance shall be brought into or kept in an official establishment.

(f) All isolated soy protein, when entering and while in any official establishment, must be labeled in accordance with, and otherwise meet the requirements of section 318.6(b)(11) of this Part.

(g) Glands and organs, such a cotyledons, ovaries, prostate glands, tonsils, spinal cords and detached lymphatic, pineal, pituitary, parathyroid, suprarenal, pancreatic and thyroid glands, used in preparing pharmaceutical, organotherapeutic, or technical products and which are not used as human food (whether or not prepared at official establishments) may be brought into and stored in edible product departments of official establishments if packaged in suitable containers so that the presence of such glands and organs will in no way interfere with the maintenance of sanitary conditions or constitute an interference with inspection. Glands or organs which are regarded as human food products, such as livers, testicles and thymus glands, may be brought into official establishment for pharmaceutical, organotherapeutic, or technical purposes, only if NYSDA&M or U.S. inspected and passed and so identified. Lungs and lung lobes derived from livestock slaughtered in any establishment may not be brought into any official establishment except as provided in subdivision 318.12(a).

(h) Carcasses of game animals, farm dressed meat, custom slaughtered meat and custom meat by-products, may be brought into an official establishment for preparation, packaging, and storing in accordance with the provisions of section 303.1(a)(2) of this Article.

(i) The operator of the official establishment shall furnish such information as is necessary to determine the origin of any product or other article entering the official establishment. Such information shall include, but is not limited to, the name and address of the seller or supplier, transportation company, agent, or broker involved in the sale or delivery of the product or article in question.

(j) Any product or any poultry or poultry product or other article that is brought into an official establishment contrary to any provision of this section may be required by the commissioner to be removed immediately from such establishment by the operator thereof, and failure to comply with such requirement shall be deemed a violation of this regulation. If any slaughtered poultry or poultry products or other articles are received at an official establishment and are suspected of being adulterated or misbranded under the Poultry Products Inspection Act or the Federal Food, Drug and Cosmetic Act, the appropriate governmental authorities will be notified.

1 CRR-NY 318.2 Reinspection, retention and disposal of meat and poultry products at official establishments {#sec-1-crr-ny-318.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.2}

Agriculture and Markets Law, § 96-z-34

(a) All products and all slaughtered poultry and poultry products brought into any official establishment shall be identified by the operator of the official establishment and shall be subject to reinspection at the time of receipt at the official establishment by a department employee at the official establishment in such manner and at such times as may be deemed necessary to assure compliance with the regulations in this Subchapter.

(b) All products, whether fresh, cured or otherwise prepared, even though previously inspected and passed, shall be reinspected by department employees as often as they may deem necessary in order to ascertain that they are not adulterated or misbranded at the time they enter or leave official establishments and that the requirements of the regulations in this Article are complied with.

(c) Reinspection may be accomplished through use of statistically sound sampling plans that assure a high level of confidence. The officer in charge shall designate the type of plan and the department employee shall select the specific plan to be used in accordance with instructions issued by the commissioner.

(d) A NYSDA&M retained tag shall be placed by a department employee at the time of reinspection at any official establishment on all products which are suspected on such reinspection of being adulterated or misbranded, and such products shall be held for further inspection. Such tags shall be removed only by authorized department employees. When further inspection is made, if the product is found to be adulterated, all official inspection legends or other official marks for which the product is found to be ineligible under the regulations in this Subchapter, shall be removed or defaced and the product will be subject to condemnation and disposal in accordance with Part 314 of this Article, except that a determination regarding adulteration may be deferred if a product has become soiled or unclean by falling on the floor or in any other accidental way or if the product is affected with any other condition which the inspector deems capable of correction, in which case the product shall be cleaned (including trimming if necessary) or otherwise handled in a manner approved by the inspector to assure that it will not be adulterated or misbranded and shall then be presented for reinspection and disposal in accordance with this section. If upon final inspection, the product is found to be neither adulterated nor misbranded, the inspector shall remove the NYSDA&M retained tag. If a product is found upon reinspection to be misbranded, it shall be held under a NYSDA&M retained tag, pending correction of the misbranding. The inspector shall make a complete record of each transaction under this subdivision and shall report his action to the officer in charge.

1 CRR-NY 318.3 Designation of places of receipt of products and other articles for reinspection {#sec-1-crr-ny-318.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.3}

Every official establishment shall designate, with the approval of the officer in charge, a dock or place at which products and other articles subject to reinspection under section 318.2 shall be received, and such products and articles shall be received only at such dock or place.

1 CRR-NY 318.4 Preparation of products to be officially supervised; responsibilities of official establishments {#sec-1-crr-ny-318.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.4}

(a) All processes used in curing, pickling, rendering, canning, or otherwise preparing any product in official establishments shall be supervised by department employees unless such preparation is conducted as a custom operation exempted from inspection under section 303.1(a)(2) of this Article in any official establishment or consists of operations that are exempted from inspection under section 303.1(d) of this Article and are conducted in a retail store or restaurant. No fixtures or appliances, such as tables, trucks, trays, tanks, vats, machines, implements, can or containers of any kind, shall be used unless they are of such materials and construction as will not contaminate or otherwise adulterate the product and are clean and sanitary. All steps in the preparation of edible products shall be conducted carefully and with strict cleanliness in rooms or compartments separate from those used for inedible products.

(b) It shall be the responsibility of the operator of every official establishment to comply with the law and the regulations in this Article. In order to effectively carry out this responsibility, the operator of the establishment shall institute appropriate control programs to assure the maintenance of the establishment and the preparation, marking, labeling, packaging and other handling of its products strictly in accordance with the sanitary and other requirements of this Article. The efficiency of such control programs will be subject to review by a department employee.

1 CRR-NY 318.5 Requirements concerning procedures {#sec-1-crr-ny-318.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.5}

(a)

(1) Care shall be taken to assure that product is not adulterated when placed in freezers. If there is doubt as to the soundness of any frozen product, the inspector will require the defrosting and reinspection of a sufficient quantity thereof to determine its actual condition.

(2) Frozen product may be defrosted in water or pickle in a manner and with the use of facilities which are acceptable to the inspector. Before such product is defrosted, a careful examination shall be made to determine its condition. If necessary, this examination shall include defrosting of representative samples by means other than in water or pickle.

(b) Product, such as pork tenderloins, brains, sweetbreads, stew or chop suey, shall not be packed in hermetically sealed metal or glass containers, unless subsequently heat processed or otherwise treated to preserve the product in a manner approved by the commissioner in specific cases.

(c) Care shall be taken to remove bones and parts of bones from product which is intended for chopping.

(d) Heads for use in the preparation of meat food products shall be split and the bodies of the teeth, the turbinated and ethmoid bones, ear tubes and horn butts removed, and the heads then thoroughly cleaned.

(e) Kidneys for use in the preparation of meat food products shall first be freely sectioned and then thoroughly soaked and washed. All detached kidneys, including beef kidneys with detached kidney fat, shall be inspected before being used in or shipped from the official establishment.

(f) Cattle paunches and hog stomachs for use in the preparation of meat food products shall be thoroughly cleaned on all surfaces and parts immediately after being emptied of their contents, which shall follow promptly their removal from the carcasses.

(g) Clotted blood shall be removed from hog hearts before they are shipped from the official establishment or used in the preparation of meat food products.

(h) Beef rounds, beef bungs, beef middles, beef bladders, calf rounds, hog bungs, hog middles and hog stomachs which are to be used as containers of any meat food product shall be presented for inspection, turned with the fat surface exposed.

(i) Portions of casings which show infection with oesophagostomum or other nodule producing parasite, and weasands infected with the larvae of hypoderma lineatum, shall be rejected, except that when the infestation is slight and the nodules and larvae are removed, the casing or weasand may be passed.

1 CRR-NY 318.6 Requirements concerning ingredients and other articles used in preparation of products {#sec-1-crr-ny-318.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.6}

Agriculture and Markets Law, § 96-z-34

(a) All ingredients and other articles used in the preparation of any product shall be clean, sound, healthful, wholesome and otherwise such as will not result in the product being adulterated. Official establishments shall furnish inspectors accurate information on all procedures involved in product preparation including product composition and any changes in such procedures essential for inspectional control of the product.

(b)

(1) The only animal casings that may be used as containers of product are those from cattle, sheep, swine, or goats.

(2) Casings for products shall be carefully inspected by department employees. Only those casings which have been carefully washed and thoroughly flushed with clean water immediately before stuffing and are suitable for containers, are clean, and are passed on such inspection shall be used, except that preflushed animal casings packed in salt or salt and glycerine solution or other approved medium may be used without additional flushing provided they are found to be clean and otherwise acceptable and are thoroughly rinsed before use.

(3) Hog and sheep casings intended for use as containers of product may be treated by soaking in or applying thereto sound, fresh pineapple juice or papain or bromelin or pancreatic extract to permit the enzymes contained in these substances to act on the casings to make them less resistant. The casings shall be handled in a clean and sanitary manner throughout and the treatment shall be followed by washing and flushing the casings with water sufficiently to effectively remove the substance used and terminate the enzymatic action.

(4) On account of the invariable presence of bone splinters, detached spinal cords shall not be used in the preparation of edible product other than for rendering where they constitute a suitable raw material.

(5) Testicles if handled as an edible product may be shipped from the official establishment as such, but they shall not be used as an ingredient of a meat food product.

(6) Tonsils shall be removed and shall not be used as ingredients of meat food products

(7) Blood from livestock prepared in accordance with section 310.20 of this Article may be used as an ingredient of a meat food product for which a standard is prescribed in Part 319 of this Article, if permitted by such standard, and may be used in any meat food product for which no such standard is prescribed in Part 319 of this Article if it is a common and usual ingredient of such product.

(8) Intestines shall not be used as ingredients in any meat food product for which a standard is prescribed in Part 319 of this Article and shall not be used in other products unless the products are labeled in accordance with section 317.8 (b)(30) of this Article.

(9) Poultry products and egg products (other than shell eggs) which are intended for use as ingredients of meat food products shall be considered acceptable for such use only when identified as having been inspected and passed for wholesomeness by the United States Department of Agriculture under the regulations in 7 CFR Part 59 or 70, or 9 CFR Part 381 or by the department and when found to be sound and otherwise acceptable when presented for use. Poultry products and egg products (other than shell eggs) which have not been so inspected and passed for wholesomeness shall not be used in the preparation of such meat food products.

(10) Dry milk products which are intended for use as ingredients of meat food products shall be considered acceptable for such use only when produced in a plant approved by the United States Department of Agriculture under the regulations in 7 CFR Part 58, and when found to be sound and otherwise acceptable when presented for use. Dry milk products prepared in a plant not so approved shall not be used in the preparation of such meat food products.

(11) All isolated soy protein used in products prepared in any official establishment shall contain not more and not less than 0.1 percent titanium incorporated as food grade titanium dioxide, and the presence of such substance must be shown on the label of the container of the isolated soy protein at all times that the article is in the official establishment.

(12) Ingredients for use in any product may not bear or contain any pesticide chemical or other residues in excess of levels permitted in section 318.16.

1 CRR-NY 318.7 Approval of substances for use in the preparation of product {#sec-1-crr-ny-318.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.7}

Agriculture and Markets Law, § 96-z-34

(a)

(1) No chemical substance may be used in the preparation of any product unless it is approved in this Part or Part 319 of this Article or by the commissioner in specific cases.

(2) No product shall bear or contain any substance which would render it adulterated or which is not approved in this Part or Part 319 of this Article or by the commissioner in specific cases.

(b) [Reserved]

(c) Under appropriate declaration as required in Parts 316 and 317 of this Article, the following substances may be added to products:

(1) Common salt, approved sugars (sucrose [cane or beet sugar], maple sugar, dextrose, invert sugar, honey, corn syrup solids, corn syrup and glucose syrup), wood smoke, vinegar, flavorings, spices, sodium nitrate, sodium nitrite, potassium nitrate, potassium nitrite, and other substances specified in the chart in paragraph (4) of this subdivision may be added to products under conditions, if any specified in this Part or in Part 317 of this Article.

(2) Other harmless artificial flavorings may be added to products with the approval of the commissioner in specific cases.

(3) Coloring matter and dyes other than those specified in the chart in paragraph (4) of this subdivision may be applied to products, mixed with rendered fat, applied to natural and artificial casings, and applied to such casings enclosing products, if approved by the commissioner in specific cases. When any coloring matter or dye is applied to casings, there shall be no penetration of coloring into the product. When any coloring matter or dye is added to meat fat shortening containing artificial flavoring, the product shall be packed in conventional, round shortening containers having a capacity no greater than three pounds.

(4) The substances specified in the following chart are acceptable for use in the preparation of products, provided they are used for the purposes indicated, within the limits of the amounts stated and under other conditions specified in this Part and Part 317 of this Article. In addition to the substances listed in the following chart, Part 319 specifies other substances that are acceptable in preparing specified products.

| Class of Substance | Substance | Purpose | Products | Amount | | | | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | Anticoagulants. | Citric acid. Sodium citrate. | To prevent clotting. | Fresh blood of livestock. | 0.2 percent–with or without water. When water is used to make a solution of citric acid or sodium citrate added to blood of livestock, not more than 2 parts of water to 1 part of citric acid or sodium citrate shall be used | | | | Antifoaming agent. | Methyl polysilicone. | To retard foaming. | Soups. Rendered fats. | 10 parts per million. ....do | | | | | | | Curing pickle. | 50 parts per million. | | | | Antioxidants and oxygen interceptors. | BHA (butylated hydroxyanisole) | To retard rancidity. | Dry sausage | 0.003 percent based on total weight. | *0.006 Percent in combination. | | | | BHT (butylated hydroxytoluene). | ...do | ...do | 0.003 percent based on total weight. | | | | | Propyl gallate. | ...do | ...do | 0.003 percent based on total weight. | | | | | BHA (butylated hydroxyanisole). | ...do | Rendered animal fat or a combination of such fat and vegetable fat. | 0.01 percent | **0.02 percent in combination. | | | | BHT (butylated hydroxytoluene). | ...do | ...do | 0.01 percent | | | | | Glycine. | ...do | ...do | 0.01 percent | | | | | Propyl gallate. | ...do | ...do | 0.01 percent | | | | | Resin guaiac. | ...do | ...do | 0.01 percent | | | | | Tocopherols. | ...do | ...do | 0.03 percent. A 30 percent concentration of tocopherols in vegetable oils shall be used when added as an antioxidant to products designated as "lard" or "rendered pork fat". | | | | | BHA (butylated hydroxyanisole). | ...do | Fresh pork sausage, brown and serve sausage, Italian sausage products, pregrilled beef patties, and fresh sausage made from beef or beef and pork. | 0.01 percent based on fat content. | ***0.02 percent combination based on fat content. | | | | BHT (butylated hydroxytoluene). | ...do | ...do | 0.01 percent based on fat content | | | | | Propyl gallate. | ...do | ...do | 0.01 percent based on fat content | | | | | BHA (butylated hydroxyanisole). | ...do | Dried meats. | 0.01 percent based on total weight. | ****0.01 percent in combination. | | | | BHT (butylated hydroxytoluene). | ...do | ...do | 0.01 percent based on total weight. | | | | | Propyl gallate. | ...do | ...do | 0.01 percent based on total weight. | | | | | BHA (butylated hydroxyanisole). | ...do | Dried meats. | 0.01 percent based on total weight. | | | | | BHT (butylated hydroxytoluene). | ...do | ...do | 0.01 percent based on total weight. | | | | Binders. | Algin. | To extend and stabilize product. | Breading mix; sauces. | Sufficient for purpose. | | | | | Carrageenan. | ...do | ...do | ...do | | | | | Carboxymethyl cellulose (cellulose gum). | ...do | Baked pies. | ...do | | | | | Gums, vegetable. | ...do | Egg roll. | ...do | | | | | Methyl cellulose. | To extend and to stabilize product (also carrier). | Meat and vegetable patties. | 0.15 percent | | | | | Isolated soy protein. | To bind and extend product. | Sausage as provided for in Part 319 of this Article. | 2 percent | | | | | Sodium caseinate. | ...do | Imitation sausage; nonspecific loaves; soups; stews. | Sufficient for purpose. | | | | | Whey (dried). | ...do | ...do | ...do | | | | | Xanthan gum. | To maintain: uniform viscosity; suspension of particulate matter: emulsion stability; freeze–thaw stability. | Meat sauces, gravies or sauces and meats, canned or frozen and/or refrigerated meat salads, canned or frozen meat stews, canned chili or chili with beans, pizza topping mixes and batter or breading mixes. | Sufficient for purposes. | | | | Bleaching agent. | Hydrogen peroxide. | To remove color. | Tripe (substance must be removed from product by rinsing with clear water). | Sufficient for purpose. | | | | Catalysts (substances must be eliminated during process). | Nickel. | To accelerate chemical reaction. | Rendered animal fats or a combination of such fats and vegetable fats. | ...do | | | | | Sodium amide. | Rearrangement of fatty acid radicals. | ...do | ...do | | | | | Sodium methoxide. | ...do | ...do | ...do | | | | coloring agents (natural). | Alkanet, annatto, carotene, cochineal, green chlorophyl, saffron and tumeric. | To color casings or rendered fats; marking and branding product. | Sausage casings, oleomargarine, shortening, marking or branding ink on product. | Sufficient for purpose. (may be mixed with approved artifical dyes or harmless inert material such as common salt and sugar). | | | | coloring agents (artifical). | Coal tar dyes approved under the Federal Food, Drug and Cosmetic Act (operator must furnish evidence to officer in charge that dye has been certified for use in connection with foods by the Food and Drug Administration). | ...do | ...do | Sufficient for purpose. (may be mixed with approved natural coloring matters or harmless inert material such as common salt or sugar). | | | | | Titanium dioxide. | ...do | Canned ham salad spread and creamed type canned products. | 0.5 percent | | | | Cooling and retort water treatment agents. | Calcium chloride. | To prevent staining on exterior of canned goods. | Any. | Sufficient for purpose. | | | | | Citric acid. | .....do | .....do | .....do | | | | | Dioctyl sodium sulfosuccinate. | ...do | ...do | 0.05 percent | | | | | Disodium–calcium ethylenediamine–tetraacetate. | .....do | .....do | Sufficient for purpose. | | | | | Disodium ethylenediamine–tetraacetate. | ......do | ......do | ......do | | | | | Disodium phosphate | ......do | ......do | ......do | | | | | Ethylene diamine–tetraacetic acid. | ......do | ......do | ......do | | | | | Isopropanol. | .......do | ......do | 0.002 percent. | | | | | Potassium pyrophosphate. | ......do | ......do | Sufficient for purpose | | | | | Propylene glycol. | ......do | ......do | ......do | | | | | Sodium bicarbonate. | .....do | .....do | .....do | | | | | Sodium bisulfate. | To inhibit corrosion on exterior of canned goods. | ....do | 0.001 percent. | | | | | Sodium carbonate. | .....do | .....do | .....do | | | | | Sodium dodecylbenzene sulfonate. | .....do | .....do | 0.05 percent. | | | | | Sodium gluconate. | ...do | .....do | Sufficient for purpose. | | | | | Sodium hexametaphosphate. | .....do | .....do | .....do | | | | | Sodium lauryl–sulfate. | .....do | .....do | 0.05 percent. | | | | | Sodium metasilicate. | .....do | .....do | Sufficient for purpose. | | | | | Sodium n–alkylbenzene sulfonate (alkyl group predominantly C12 and C13 and not less than 95 percent C10 to C16). | .....do | .....do | 0.05 percent. | | | | | Sodium nitrite (The sodium nitrite must be decharacterized with 0.05 percent powdered charcoal or 0.03 percent nigrosine. Bulk decharacterized sodium nitrite when in cook room shall be held in a locked container conspicuously labeled "Decharacterized Sodium Nitrite–to be used by authorized personnel only.") | To inhibit corrosion on exterior of canned goods. | .....do | 600 parts per million. | | | | | Sodium pyrophosphate. | To prevent staining on canned goods. | .....do | 0.05 percent. | | | | | Sodium tripolyphosphate. | .....do | .....do | .....do | | | | | Zinc oxide | .....do | .....do | 0.01 percent. | | | | | Zinc sulfate. | .....do | .....do | .....do | | | | curing accelerators; must be used only in combination with curing agents. | Ascorbic acid | To accelerate color fixing or preserve color during storage. | Cured pork and beef cuts, cured comminuted meat food product. | 75 oz. to 100 gal. pickle at 10 percent pump level; ¾ oz. to 100 lb. meat or meat byproduct; 10 percent solution to surfaces of cured cuts prior to packaging. (The use of such solution shall not result in the addition of a significant amount of moisture to the product.) | | | | | Erythorbic acid | .....do | .....do | .....do | | | | | Glucono delta lactone | To accelerate color fixing. | Cured, comminuted meat or meat food product. | 8 oz. to each 100 lb. of meat or meat byproduct. | | | | | | | Genoa salami | 16 oz. to 100 lb. of meat (1.0 percent). | | | | | Sodium acid pyrophosphate | To accelerate color fixing. | Frankfurters, wieners, vienna, bologna, garlic bologna, knockwurst, and similar products. | Not to exceed, alone or in combination with other curing accelerators, the following: 8 oz. in 100 lb. of the meat, or meat and meat byproducts, content of the formula; nor 0.5 percent in the finished product. | | | | | Sodium ascorbate | To accelerate color fixing or preserve color during storage. | Cured pork and beef cuts, cured comminuted meat food product. | 87.5 oz. to 100 gal. pickle at 10 percent pump level; ⅞oz. to 100 lb. meat or meat byproduct; 10 percent solution to surfaces of cured cuts prior to packaging. (The use of such solution shall not result in the addition of a significant amount of moisture to the product.) | | | | | Sodium erythorbate | ......do | ......do | ......do | | | | | Citric acid or sodium citrate | ......do | ......do | May be used in cured products or in 10 percent solution used to spray surfaces of cured cuts prior to packaging to replace up to 50 percent of the ascorbic acid, erythorbic acid, sodium ascorbate, or sodium erythorbate that is used. | | | | | Sodium or potassium nitrate. | Source of nitrite. | Cured products. | 7 lbs. to 100 gals. pickle, 3–½ ozs. to 100 lbs. meat (dry cure); 2–¾ ozs. to 100 lbs. chopped meat. | | | | | Sodium or potassium nitrite (Supplies of sodium nitrite and potassium nitrite and mixtures containing them must be kept securely under the care of a responsible employee of the establishment. The specific nitrite content of such supplies must be known and clearly marked accordingly). | To fix color. | Cured products. | 2 lbs. to 100 gals. pickle at 10 percent pump level; 1 oz. to 100 lbs, meat (dry cure); ¼ oz. to 100 lbs. chopped meat and/or meat byproduct. The use of nitrites, nitrates or combination shall not result in more than 200 parts per million of nitrate calculated as sodium nitrite, in finished product. | | | | Denuding agents; may be used in combination. Must be removed from tripe by rinsing with potable water. | Lime (calcium oxide, calcium hydroxide). | To denude mucous membrane. | Tripe. | Sufficient for purpose. | | | | | Sodium carbonate. | .....do | .....do | .....do | | | | | Sodium gluconate. | .....do | .....do | .....do | | | | | Sodium hydroxide. | .....do | .....do | .....do | | | | | Sodium metasilicate. | .....do | .....do | .....do | | | | | Sodium persulfate. | .....do | .....do | .....do | | | | | Trisodium phosphate. | .....do | .....do | .....do | | | | Emulsifying agents. | Acetylated monoglycerides. | To emulsify product. | Shortening. | Sufficient for purpose. | | | | | Diacetyl tartaric acid esters of mono and digylcerides. | .....do | Rendered animal fat or a combination of such fat with vegetable fat. | .....do | | | | | Glycerol–lacto stearate, oleate, or palmitate. | .....do | .....do | .....do | | | | | Lecithin. | To emulsify product (also as antioxidant). | Oleomargarine, shortening. | .....do | | | | | Mono and diglycerides (glycerol palmitate, etc.) | To emulsify Product. | Rendered animal fat or a combination of such fat with vegetable fat. | Sufficient for purpose in lard and shortening 0.5 percent in oleomargarine. | | | | | Polyglycerol esters of fatty acids (Polyglycerol esters of fatty acids are restricted to those up to and including the decaglycerol esters and otherwise meeting the requirements of Sec. 121.1120 (a) of the Federal Food Additive Regulations). | .....do | Rendered animal fat or a combination of such fat with vegetable fat when use is not precluded by standards of identity or composition. | Sufficient for purpose. | | | | | Polysorbate 80 (polyoxyethylene (20) sorbitan monooleate). | .....do | Shortening for use in nonstandardized baked goods, baking, mixes, icings, fillings, and toppings and in the frying of foods. | 1 percent when used alone. If used with polysorbate 60 the combined total shall not exceed 1 percent. | | | | | Propylene glycol mono and diesters of fats and fatty acids. | .....do | Rendered animal fat or a combination of such fat with vegetable fat. | Sufficient for purpose. | | | | | Polysorbate 60 (polyoxeyethylene (20) sorbitan monostearate). | .....do | Shortening for use in nonstandardized baked goods, baking mixes, icings, fillings, and toppings and in the frying of foods. | 1 percent when used alone. If used with polysorbate 80 the combined total shall not exceed 1 percent. | | | | | Stearyl–2–lactylic acid. | .....do | Shortening to be used for cake icings and fillings. | 3.0 percent. | | | | | Stearyl monoglyceridyl citrate. | .....do | Shortening. | Sufficient for purpose. | | | | Flavoring agents; protectors and developers. | | | | | | | | | Department approved artificial smoke flavoring. | To flavor product. | Various. | Sufficient for purpose. | | | | | Department approved smoke flavoring. | .....do | .....do | .....do | | | | | Autolyzed yeast extract. | .....do | .....do | .....do | | | | | Harmless bacteria starters of the acidophilus type, lactic acid starter or culture of Pediococcus cere visiae. | To develop flavor. | Dry sausage, pork roll, thuringer, lebanon bologna, cervelat, and salami. | 0.5 percent. | | | | | Benzoic acid, sodium benzoate. | To retard flavor reversion. | Oleomargarine. | 0.1 percent. | | | | | Citric acid. | Flavoring. | Chili con carne. | Sufficient for purpose. | | | | | Corn syrup solids, corn syrup, glucose syrup. | To flavor. | Sausage, hamburger, meat loaf, luncheon meat, chopped or pressed ham. | 2.0 percent individually or collectively, calculated on a dry basis. | | | | | Dextrose.. | To flavor product. | Sausage, ham and cured products. | Sufficient for purpose. | | | | | Diacetyl. | .....do | Oleomargarine. | .....do | | | | | Disodium guanylate. | .....do | Various. | .....do | | | | | Disodium inosinate. | .....do | Various. | .....do | | | | | Hydrolyzed plant protein. | .....do | Various. | .....do | | | | | Isopropyl citrate. | To protect flavor. | Oleomargarine. | 0.02 percent. | | | | | Malt syrup. | To flavor product. | Cured products. | 2.5 percent. | | | | | Milk protein hydrolysate. | .....do | Various. | Sufficient for purpose. | | | | | Monosodium glutamate. | .....do | .....do | .....do | | | | | Sodium sulfoacetate derivative of mono and diglycerides. | .....do | .....do | 0.5 percent. | | | | | Sodium tripolyphosphate. | To help protect flavor. | ‘Fresh Beef’, ‘Beef for Further Cooking’, ‘Cooked Beef’, and similar products which are frozen after processing. | 0.5 percent. | | | | | Mixtures of sodium tripolyphosphate and sodium hexametaphosphate. | .....do | .....do | 0.5 percent. | | | | | Sorbitol | To flavor, to facilitate the removal of casings from product and to reduce carmelization and charring. | Cooked sausage labeled frankfurter, frank, furter, wiener, knockwurst. | Not more than 2 percent of the weight of the formula, excluding the formula weight of water or ice; not permitted in combination with corn syrup, and/or corn syrup solids. | | | | | Starter distillate. | .....do | Oleomargarine. | Sufficient for purpose. | | | | | Stearyl cirtate. | To protect flavor. | .....do | 0.15 percent. | | | | | Sugars (sucrose and dextrose). | To flavor product. | Various. | Sufficient for purpose. | | | | Gases. | Carbon dioxide solid (dry ice). | To cool product. | Chopping of meat, packaging of product. | .....do | | | | | Nitrogen. | To exclude oxygen. | Sealed container. | .....do | | | | Hog scald agents; must be removed by subsequent cleaning operations. | Caustic soda. | To remove hair. | Hog carcasses. | Sufficient for purpose. | | | | | Dioctyl sodium sulfosuccinate. | .....do | .....do | .....do | | | | | Lime. | .....do | .....do | .....do | | | | | Methyl polysilicone. | .....do | .....do | .....do | | | | | Sodium carbonate. | .....do | .....do | .....do | | | | | Sodium dodecylbenzene sulfonate. | .....do | .....do | .....do | | | | | Sodium hexametaphosphate. | .....do | .....do | .....do | | | | | Sodium lauryl sulfate. | .....do | .....do | .....do | | | | | Sodium metasilicate. | .....do | .....do | .....do | | | | | Sodium n–alkylbenzene sulfonate (alkyl group predominantly C12 and C13 and not less than 95 percent C10 to C16). | .....do | .....do | .....do | | | | | Sodium sulfate. | .....do | .....do | .....do | | | | | Sodium tripolyphosphate. | .....do | .....do | .....do | | | | | Sucrose. | .....do | .....do | .....do | | | | | Trisodium phosphate. | .....do | .....do | .....do | | | | Miscellaneous. | Potassium sorbate. | To retard mold growth. | Dry sausage. | 2.5 percent in water solution may be applied to casings after stuffing or casings may be dipped in solution prior to stuffing. | | | | | | To preserve product and to retard mold growth. | Oleomargarine or margarine. | 0.1 percent by weight of the finished oleomargarine or margarine. | | | | | Calcium disodium, EDTA (calcium disodium ethylenediaminete traacetate. | To preserve product and to protect flavor. | .....do | 75 parts per million by weight of the finished oleomargarine or margarine. | | | | | Propylparaben (propyl phydroxybenzoate). | To retard mold growth. | Dry Sausage | 3.5 percent in water solution may be applied to casings after stuffing or casings may be dipped in solution prior to stuffing. | | | | | Sodium bicarbonate. | To neutralize excess acidity, cleaning vegetables. | Rendered fats, soups, curing pickle. | Sufficient for purpose. | | | | | Calcium propionate. | To retard mold growth. | Pizza crust. | *0.32 percent alone or in combination based on weight of the flour used. | | | | | Sodium propionate. | .....do | .....do | | | | | | Sodium hydroxide. | To decrease amount of cooked out juices. | Cured hams, pork shoulder picnics and loins, canned hams and pork shoulder picnics, and products covered by Section 319.104 (d); chopped ham and bacon. | May be used only in combination with phosphates in ratio of four parts phosphate to one part sodium hydroxide; the combination shall not exceed 5.0 percent pickle at 10 percent pump level; 0.5 percent in product. | | | | Phosphates. | Disodium phosphate. | To decrease amount of cooked out juices. | Cured hams, pork shoulder picnics and loins, and canned hams and pork shoulder picnics, and products covered by Sect. 319.104 (d) chopped ham, and bacon. | 5.0 percent of phosphate in pickle at 10 percent pump level; 0.5 percent of phosphate in product (only clear solution may be injected into product). | | | | | Monosodium phosphate. | ......do | ......do | ......do | | | | | Sodium hexametaphosphate. | ......do | ......do | ......do | | | | | Sodium tripolyphosphate. | ......do | ......do | ......do | | | | | Sodium pyrophosphate. | ......do | ......do | ......do | | | | | Sodium acid pyrophosphate. | ......do | ......do | ......do | | | | Proteolytic enzymes. | Aspergillus oryzae. | To soften tissues. | Beef Cuts. | Solutions consisting of water, salt, monosodium glutamate, and approved proteolytic enzymes applied or injected into cuts of beef shall not result in a gain of more than 3 percent above the weight of the untreated product. | | | | | Aspergillus flavusoryzae group. | ......do | ......do | ......do | | | | | Bromelin. | ......do | ......do | ......do | | | | | Ficin. | ......do | ......do | ......do | | | | | Papain. | ......do | ......do | ......do | | | | Refining agents (must be eliminated during process of manufacturing). | Acetic acid. | To separate fatty acids and glycerol. | Rendered fats. | Sufficient for purpose. | | | | | Bicarbonate of soda. | ......do | ......do | ......do | | | | | Carbon (purified charcoal). | To aid in refining of animal fats. | ......do | ......do | | | | | Caustic soda (sodium hydroxide) | To refine fats. | ......do | ......do | | | | | Diatomaceous earth; Fuller's earth. | ......do | ......do | ......do | | | | | Sodium carbonate. | ......do | ......do | ......do | | | | | Tannic acid. | ......do | ......do | ......do | | | | Rendering agents. | Tricalcium phosphate. | To aid rendering. | Animal fats. | ......do | | | | | Trisodium phosphate. | ......do | ......do | ......do | | | | Artificial sweetners. | Saccharin. | To sweeten product. | Bacon. | 0.01 percent. | | | | Synergists (used in combination with antioxidants.) | Citric acid | To increase effectiveness of antioxidants. | Lard and shortening. | 0.01 percent alone or in combination with antioxidants in lard or shortening. | | | | | | | Dry sausage. | 0.003 percent in dry sausage in combination with antioxidants. | | | | | | | Fresh pork sausage. | 0.01 percent on basis of fat content, in combination with antioxidants. | | | | | | | Dried meats. | 0.01 percent on basis of total weight in combination with antioxidants. | | | | | Malic acid. | ......do | Lard and shortening. | ......do | | | | | Monoisopropyl citrate. | To increase effectiveness of antioxidants. | Lard, shortening, oleomargarine, fresh pork sausage, dried meats. | 0.02 percent | | | | | Phosphoric acid. | ......do | Lard and shortening. | 0.01 percent. | | | | | Monoglyceride citrate. | ......do | Lard, shortening, fresh pork sausage, dried meats. | 0.02 percent. | | | | | | | | | | |

(d) No substance may be used in or on any product if it conceals damage or inferiority or makes the product appear to be better or of greater value than it is, therefore:

(1) Paprika or oleoresin paprika may not be used in or on fresh meat, such as steaks, or comminuted fresh meat food products, such as chopped and formed steaks or patties; or in any other meat food products consisting of fresh meat (with or without seasoning), except chorizo sausage and except other meat food products in which paprika or oleoresin paprika is permitted as an ingredient in a standard of identity or composition in Part 319 of this Article;

(2) Sorbic acid, calcium sorbate, sodium sorbate and other salts of sorbic acid may not be used in cooked sausage or any other product; sulfurous acid and salts of sulfurous acid may not be used in or on any product and niacin or nicotinamide may not be used in or on fresh product; except that potassium sorbate, propylparaben (propyl p-hydroxybenzoate), calcium propionate, sodium propionate, benzoic acid, and sodium benzoate may be used in or on any product only as provided in the chart in paragraph (c)(4) of this section or as approved by the commissioner in specific cases.

1 CRR-NY 318.9 Samples or products, water, dyes, chemicals, etc., to be taken for examination {#sec-1-crr-ny-318.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.9}

Samples of products, water, dyes, chemicals, preservatives, spices, or other articles in any official establishment shall be taken without cost to the department, for examination, as often as may be deemed necessary for the efficient conduct of the inspection.

1 CRR-NY 318.10 Prescribed treatment of pork and products containing pork to destroy trichinae {#sec-1-crr-ny-318.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.10}

Agriculture and Markets Law, § 96-z-34

(a) All forms of fresh pork, including fresh unsmoked sausage containing pork muscle tissue, and pork such as bacon and jowls, other than those covered by subdivision (b) of this section, are classed as products that are customarily well cooked in the home or elsewhere before being served to the consumer. Therefore, the treatment of such products for the destruction of trichinae is not required.

(b) Products named in this subdivision and products of the character thereof, containing pork muscle tissue (not including port hearts, pork stomachs, and pork livers), or the pork muscle tissue which forms an ingredient of such products, shall be effectively heated, refrigerated, or cured to destroy any possible live trichinae, as prescribed in this section at the official establishment where such products are prepared: bologna, frankfurter, vienna, and other cooked sausage; smoked sausage; knoblauch sausage; mortadella; all forms of summer or dried sausage, including mettwurst; flavored pork sausages such as those containing wine or similar flavoring materials; cured pork sausage; sausage containing cured and/or smoked pork; cooked loaves; roasted, baked, boiled, or cooked hams, pork shoulders, or pork shoulder picnics; Italian-style hams; Westphalia-sytle hams; smoked boneles pork shoulder butts; cured meat rolls; capocollo (capicola, capacola); coppa; fresh or cured boneless pork shoulder butts, hams, loins, shoulders, shoulder picnics, and similar pork cuts, in casings or other containers in which ready-to-eat delicatessen articles are customarily enclosed (excepting Scotch-style hams); breaded pork products; cured boneless pork loins; boneless back bacon; bacon used for wrapping around patties, steaks and similar products; and smoked pork cuts such as hams, shoulders, loins, and pork shoulder picnics (excepting smoked hams, and smoked pork shoulder picnics which are specially prepared for distribution in tropical climates or smoked hams delivered to the Armed Services); ground meat mixtures containing pork and beef, veal, lamb, mutton, or goat meat and other product consisting of mixtures of pork and other ingredients, which the commissioner determines at the time the labeling for the product is submitted for approval in accordance with Part 317 of this Article, or upon subsequent reevaluation of the product, would be prepared in such a manner that the product might be eaten rare or without thorough cooking because of the appearance of the finished product or otherwise. Cured boneless pork loins shall be subjected to prescribed treatment for destruction of trichinae prior to being shipped from the establishment where cured.

(c) The treatment shall consist of heating, refrigerating, or curing, as follows:

(1) Heating.

(i) All parts of the pork muscle tissue shall be heated to a temperature not lower than 137 degrees Fahrenheit, and the method used shall be one known to insure such a result. On account of differences in methods of heating and in weights of products undergoing treatment it is impracticable to specify details of procedures for all cases.

(ii) Procedures which insure the proper heating of all parts of the product shall be adopted. It is important that each piece of sausage, each ham, and other product treated by heating in water be kept entirely submerged throughout the heating period; and that the largest pieces in a lot, the innermost links of bunched sausage or other massed articles, and pieces placed in the coolest part of a heating cabinet or compartment or vat be included in the temperature tests.

(2) Refrigerating.

At any stage of preparation and after preparatory chilling to a temperature of not above 40 degrees Fahrenheit or preparatory freezing, all parts of the muscle tissue of pork or product containing such tissue shall be subjected continuously to a temperature not higher than one of those specified in Table 1, the duration of such refrigeration at the specified temperature being dependent on the thickness of the meat or inside dimensions of the container.

TABLE 1

REQUIRED PERIOD OF FREEZING AT TEMPERATURE INDICATED

| Temperature | Group 1 | Group 2 | | --- | --- | --- | | °F | Days | Days | | 5 | 20 | 30 | | −10 | 10 | 20 | | −20 | 6 | 12 |

(i) Group 1 comprises product in separate pieces not exceeding six inches in thickness, or arranged on separate racks with the layers not exceeding six inches in depth, or stored in crates or boxes not exceeding six inches in depth, or stored as solidly frozen blocks not exceeding six inches in thickness.

(ii) Group 2 comprises product in pieces, layers, or within containers, the thickness of which exceeds six inches but not 27 inches, and product in containers including tierces, barrels, kegs and cartons having a thickness not exceeding 27 inches.

(iii) The product undergoing such refrigeration or the containers thereof shall be so spaced while in the freezer as will insure a free circulation of air between the pieces of meat, layers, blocks, boxes, barrels and tierces in order that the temperature of the meat throughout will be promptly reduced to not higher than 5 degrees Fahrenheit, −10 degrees Fahrenheit, or −20 degrees Fahrenheit, as the case may be.

(iv) In lieu of the methods prescribed in Table 1, the treatment may consist of refrigeration to a temperature of −30 degrees Fahrenheit in the center of the pieces of meat or commercial freeze drying.

(v) During the period of refrigeration the product shall be kept separate from other products and in the custody of the department in rooms or compartments equipped and made secure with an official department lock or seal. The rooms or compartments containing product undergoing freezing shall be equipped with accurate thermometers placed at or above the highest level at which the product undergoing treatment is stored and away from refrigerating coils. After completion of the prescribed freezing of pork to be used in the preparation of product covered by subdivision (b) of this section the pork shall be kept under close supervision of an inspector until it is prepared in finished form as one of the products enumerated in subdivision (b) of this section, or until it is transferred under department control to another official establishment for preparation in such finished form.

(vi) Pork which has been refrigerated as specified in this paragraph may be transferred in sealed railroad cars, sealed motor trucks, sealed trailers, or sealed closed containers to another official establishment at the same or another location, for use in the preparation of product covered by subdivision (b) of this section. The sealing of closed containers, such as boxes and slack barrels, shall be effected by cording and affixing thereto official department seals, and such containers as tierces and kegs shall be held in department custody by sealing with wax impressed with an official department metal brand. Railroad cars, motortrucks, and trailers used to transport such pork shall be sealed with official department car seals except that sealed and marked closed containers may be shipped in unsealed railroad cars, motortrucks, and trailers. Shipping containers such as boxes, barrels, and tierces, containing pork refrigerated in accordance with this section, shall be plainly and conspicuously marked with a label or stencil furnished by the establishment, as follows: “Pork product __ degrees Fahrenheit __ days' refrigeration”, indicating the temperature at which the product was refrigerated and the length of time so treated. For each consignment there shall be promptly issued and forwarded by the inspector to the officer in charge at destination a report on the appropriate form showing the character of the containers, and that the contents as “Pork product __ degrees Fahrenheit __days' refrigeration”. A duplicate copy shall be retained in the circuit file.

(3) Curing.

(i) Sausage. The sausage may be stuffed in animal casings, hydrocellulose casings, or cloth bags. During any stage of treating the sausage for the destruction of live trichinae, except as provided in method 5, these coverings shall not be coated with paraffin or like substance, nor shall any sausage be washed during any prescribed period of drying. In the preparation of sausage, one of the following methods may be used:

(a) Method no. 1. The meat shall be ground or chopped into pieces not exceeding three-fourths of an inch in diameter. A dry-curing mixture containing not less than three and one-third pounds of salt to each hundred-weight of the unstuffed sausage shall be thoroughly mixed with the ground or chopped meat. After being stuffed, sausage having a diameter not exceeding three and one-half inches, measured at the time of stuffing, shall be held in a drying room not less than 20 days at a temperature not lower than 45 degrees Fahrenheit, except that in sausage of the variety known as pepperoni, if in casings not exceeding one and three-eighths inches in diameter measured at the time of stuffing, the period of drying may be reduced to 15 days. In no case, however, shall the sausage be released from the drying room in less than 25 days from the time the curing materials are added, except that sausage of the variety knowns as pepperoni, if in casings not exceeding the size specified, may be released at the expiration of 20 days from the time the curing materials are added. Sausage in casings exceeding three and one-half inches, but not exceeding four inches, in diameter at the time of stuffing, shall be held in a drying room not less than 35 days at a temperature not lower than 45 degrees Fahrenheit, and in no case shall the sausage be released from the drying room in less than 40 days from the time the curing materials are added to the meat.

(b) Method no. 2. The meat shall be ground or chopped into pieces not exceeding three-fourths of an inch in diameter. A dry-curing mixture containing not less than three and one-third pounds of salt to each hundred-weight of the unstuffed sausage shall be thoroughly mixed with the ground or chopped meat. After being stuffed, sausage having a diameter not exceeding three and one-half inches, measured at the time of stuffing, shall be smoked not less than 40 hours at a temperature not lower than 80 degrees Fahrenheit, and finally held in a drying room not less than 10 days at a temperature not lower than 45 degrees Fahrenheit. In no case, however, shall the sausage be released from the drying room in less than 18 days from the time the curing materials are added to the meat. Sausage exceeding three and one-half inches, but not exceeding four inches, in diameter at the time of stuffing, shall be held in a drying room, following smoking as above indicated, not less than 25 days at a temperature not lower than 45 degrees Fahrenheit, but in no case shall the sausage be released from the drying room in less than 33 days from the time the curing materials are added to the meat.

(c) Method no. 3. The meat shall be ground or chopped into pieces not exceeding three-fourths of an inch in diameter. A dry-curing mixture containing not less than three and one-third pounds of salt to each hundred-weight of the unstuffed sausage shall be thoroughly mixed with the ground or chopped meat. After admixture with salt and other curing materials and before stuffing, the ground or chopped meat shall be held at a temperature not lower than 34 degrees Fahrenheit for not less than 36 hours. After being stuffed, the sausage shall be held at a temperature not lower than 34 degrees Fahrenheit for an additional period of time sufficient to make a total of not less than 144 hours from the time the curing materials are added to the meat, or the sausage shall be held for the time specified in a pickle-curing medium of not less than 50 degrees strength (salometer reading) at a temperature not lower than 44 degrees Fahrenheit. Finally, sausage having a diameter not exceeding three and one-half inches, measured at the time of stuffing, shall be smoked for not less than 12 hours. The temperature of the smokehouse during this period at no time shall be lower than 90 degrees Fahrenheit; and for four consecutive hours of this period the smokehouse shall be maintained at a temperature not lower than 128 degrees Fahrenheit. Sausage exceeding three and one-half inches, but not exceeding four inches, in diameter at the time of stuffing shall be smoked, following the prescribed curing, for not less than 15 hours. The temperature of the smokehouse during the 15-hour period shall at no time be lower than 90 degrees Fahrenheit, and for seven consecutive hours of this period the smokehouse shall be maintained at a temperature not lower than 128 degrees Fahrenheit. In regulating the temperature of the smokehouse for the treatment of sausage under this method, the temperature of 128 degrees Fahrenheit shall be attained gradually during a period of not less than four hours.

(d) Method no. 4. The meat shall be ground or chopped into pieces not exceeding one-fourth of an inch in diameter. A dry-curing mixture containing not less than two and one-half pounds of salt to each hundredweight of the unstuffed sausage shall be thoroughly mixed with the ground or chopped meat. After admixture with the salt and other curing materials and before stuffing, the ground or chopped sausage shall be held as a compact mass, not more than six inches in depth, at a temperature not lower than 36 degrees Fahrenheit for not less than 10 days. At the termination of the holding period, the sausage shall be stuffed in casings or cloth bags not exceeding three and one-third inches in diameter, measured at the time of stuffing. After being stuffed, the sausage shall be held in a drying room at a temperature not lower than 45 degrees Fahrenheit for the remainder of a 35-day period, measured from the time the curing materials are added to the meat. At any time after stuffing, if the establishment operator deems it desirable, the product may be heated in a water bath for a period not to exceed three hours at a temperature not lower than 85 degrees Fahrenheit, or subjected to smoking at a temperature not lower than 80 degrees Fahrenheit, or the product may be both heated and smoked as specified. The time consumed in heating and smoking, however, shall be in addition to the 35-day holding period.

(e) Method no. 5. The meat shall be ground or chopped into pieces not exceeding three-fourths of an inch in diameter. A dry-curing mixture containing not less than three and one-third pounds of salt to each hundredweight of the unstuffed sausage shall be thoroughly mixed with the ground or chopped meat. After being stuffed, the sausage shall be held for not less than 65 days at a temperature not lower than 45 degrees Fahrenheit. The coverings for sausage prepared according to this method may be coated at any stage of the preparation before or during the holding period with paraffin or other substance approved by the commissioner.

(ii) Capocollo (capicola, capacola). Boneless pork butts for capocollo shall be cured in a dry-curing mixture containing not less than four and one-half pounds of salt per hundredweight of meat for a period of not less than 25 days at a temperature not lower than 36 degrees Fahrenheit. If the curing materials are applied to the butts by the process known as churning, a small quantity of pickle may be added. During the curing period the butts may be overhauled according to any of the usual processes of overhauling, including the addition of pickle or dry salt if desired. The butts shall not be subjected during or after curing to any treatment designed to remove salt from the meat, except that superficial washing may be allowed. After being stuffed, the product shall be smoked for a period of not less than 30 hours at a temperature not lower than 80 degrees Fahrenheit, and shall finally be held in a drying room not less than 20 days at a temperature not lower than 45 degrees Fahrenheit.

(iii) Coppa. Boneless pork butts for coppa shall be cured in a dry-curing mixture containing not less than four and one-half pounds of salt per hundredweight of meat for a period of not less than 18 days at a temperature not lower than 36 degree Fahrenheit. If the curing mixture is applied to the butts by the process known as churning, a small quantity of pickle may be added. During the curing period the butts may be overhauled according to any of the usual processes of overhauling, including the addition of pickle or dry salt if desired. The butts shall not be subjected during or after curing to any treatment designed to remove salt from the meat, except that superficial washing may be allowed. After being stuffed, the product shall be held in a drying room not less than 35 days at a temperature not lower than 45 degrees Fahrenheit.

(iv) Hams and pork shoulder picnics. In the curing of hams and pork shoulder picnics either of the following methods may be used:

(a) Method no. 1. The hams and pork shoulder picnics shall be cured by a dry-salt curing process not less than 40 days at a temperature not lower than 36 degrees Fahrenheit. The products shall be laid down in salt, not less than four pounds to each hundredweight of product, the salt being applied in a thorough manner to the lean meat of each item. When placed in cure the products may be pumped with pickle if desired. At least once during the curing process the products shall be overhauled and additional salt applied, if necessary, so that the lean meat of each item is thoroughly covered. After removal from cure the products may be soaked in water at a temperature not higher than 70 degrees Fahrenheit for not more than 15 hours, during which time the water may be changed once; but they shall not be subjected to any other treatment designed to remove salt from the meat, except that superficial washing may be allowed. The products shall finally be dried or smoked not less than 10 days at a temperature not lower than 95 degrees Fahrenheit.

(b) Method no. 2. The products shall be cured by a dry-salt curing process at a temperature not lower than 36 degrees Fahrenheit for a period of not less than three days for each pound of weight (green) of the individual items. The time of cure of each lot of such products placed in cure shall be calculated on a basis of the weight of the heaviest item of the lot. Products cured by this method, before they are placed in cure, shall be pumped with pickle solution of not less than 100 degrees strength (salometer), about four ounces of the solution being injected into the shank and a like quantity along the flank side of the body bone (femur). The products shall be laid down in salt, not less than four pounds of salt to each hundredweight of product, the salt being applied in a thorough manner to the lean meat of each item. At least once during the curing process the products shall be overhauled and additional salt applied, if necessary, so that the lean meat of each item is thoroughly covered. After removal from the cure the product may be soaked in water at a temperature not higher than 70 degrees Fahrenheit for not more than four hours, but shall not be subjected to any other treatment designed to remove salt from the meat, except that superficial washing may be allowed. The products shall then be dried or smoked not less than 48 hours at a temperature not lower than 80 degrees Fahrenheit, and finally shall be held in a drying room not less than 20 days at a temperature not lower than 45 degrees Fahrenheit.

(v) Boneless pork loins and loin ends. In lieu of heating or refrigerating to destroy possible live trichinae in boneless loins, the loins may be cured for a period of not less than 25 days at a temperature not lower than 36 degrees Fahrenheit by the use of one of the following methods:

(a) Method no. 1. Application of a dry-salt curing mixture containing not less than five pounds of salt to each hundredweight of meats.

(b) Method no. 2. Application of a pickle solution of not less than 80 degrees strength (salometer) on the basis of not less than 60 pounds of pickle to each hundredweight of meat.

(c) Method no. 3. Application of a pickle solution added to the dry-salt cure prescribed as Method no. 1 in this subparagraph (v) provided the pickle solution is not less than 80 degrees strength (salometer).

After removal from cure, the loins may be soaked in water for not more than one hour at a temperature not higher than 70 degrees Fahrenheit or washed under a spray but shall not be subjected, during or after the curing process, to any other treatment designed to remove salt. Following curing, the loins shall be smoked for not less than 12 hours. The minimum temperature of the smokehouse during this period at no time shall be lower than 100 degrees Fahrenheit, and for four consecutive hours of this period the smokehouse shall be maintained at a temperature not lower than 125 degrees Fahrenheit. Finally, the product shall be held in a drying room for a period of not less than 12 days at a temperature not lower than 45 degrees Fahrenheit.

(d) General instructions.

When necessary to comply with the requirements of this section, the smokehouses, drying rooms, and other compartments used in the treatment of pork to destroy possible live trichinae shall be suitably equipped, by the operator of the official establishment, with accurate automatic recording thermometers. Officers in charge are authorized to approve for use in sausage smokehouses, drying rooms, and other compartments, such automatic recording thermometers as are found to give satisfactory service and to disapprove and require discontinuance of use, for purposes of the regulations in this Article, any thermometers (including any automatic recording thermometers) of the establishment that are found to be inaccurate or unreliable.

1 CRR-NY 318.11 Canning with heat processing and hermetically sealed containers; cleaning containers; closure; code marking; heat processing; incubation {#sec-1-crr-ny-318.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.11}

Agriculture and Markets Law, § 96-z-34

(a) Containers which are intended to be hermetically sealed shall be cleaned thoroughly immediately before filling, and precaution must be taken to avoid soiling the inner surfaces subsequently. However, cans in which lard is to be hermetically sealed may be examined immediately before filling and if found to be acceptably clean by a department employee need not be washed.

(b) Containers of metal, glass, or other material shall be washed in an inverted position with a water spray. The nozzle on the spray attachment shall be of such design and the water delivered with such pressure as will effectively rinse all of the inner surface of each container. Such containers shall not contain an accumulation of water when received at the filling station. In lieu of cleaning with water, the use of efficient jet-vacuum type equipment for cleaning containers is permitted, immediately prior to filling.

(c) Nothing less than perfect closure is acceptable for hermetically sealed containers. Heat processing shall follow promptly after closing.

(d) Careful inspection shall be made of the containers by competent establishment employees immediately after closing, and containers which are defectively filled or defectively closed or show inadequate vacuum shall not be processed until the defect has been corrected. The containers shall again be inspected by establishment employees when they have cooled sufficiently for handling after processing by heating. The contents of defective containers shall be condemned unless correction of the defect is accomplished within six hours following the sealing of the containers or completion of the heat processing, as the case may be, except that:

(1) if the defective condition is discovered during an afternoon run, the cans of product may be held in coolers at a temperature not exceeding 38 degrees Fahrenheit under conditions that will promptly and effectively chill them until the following day when the defect may be corrected;

(2) short vacuum or overstuffed cans of product which have not been handled in accordance with paragraph (1) may be incubated under department supervision, after which the cans shall be opened and the sound product passed for food; and

(3) short vacuum or overstuffed cans of product of a class required to be labeled “Perishable, Keep Under Refrigeration” and which have been kept under adequate refrigeration since processing may be opened and the sound product passed for food.

(e) Canned products shall not be passed unless after cooling to atmospheric temperature, they show the external characteristics of sound cans, that is, the cans shall not be overfilled; they shall have concave sides, excepting the seam side, and all ends shall be concave; there shall be no bulging; the sides and ends shall conform to the product; and there shall be no slack or loose tin.

(f) All canned products shall be plainly and permanently marked on the containers by code or otherwise with the identity of the contents and date of canning. The code used and its meaning shall be on record in the office of the inspector in charge. If calendar dating is used, it must be accompanied by an explanatory statement, as provided in section 317.8(b)(32)(ii) of this Article.

(g) Canned product must be processed at such temperature and for such period of time as will assure keeping without refrigeration under usual conditions of storage and transportation when heating is relied on for preservation, with the exception of those canned product which are processed without steam-pressure cooking by permission of the commissioner in specific cases and labeled “Perishable, Keep Under Refrigeration”.

(h) Lots of canned product shall be identified during their handling preparatory to heat processing by tagging the baskets, cages, or cans with a tag which will change color on going through the heat processing or by other effective means so as to positively preclude failure to heat process after closing.

(i) Facilities shall be provided by the operator of the official establishment for incubation of representative samples of fully processed canned product. The incubation shall consist of holding the canned product for the periods of time and at the temperatures prescribed in paragraph (4) of this subdivision.

(1) Incubation test shall be made to the extent required by the officer in charge. The extent to which incubation tests shall be required depends on conditions such as the record of the official establishment in conducting canning operations, the extent to which the establishment furnishes competent supervision and inspection in connection with the canning operations, the character of the equipment used, and the degree to which such equipment is maintained at maximum efficiency. Such factors shall be considered by the officer in charge in determining the extent of incubation testing at a particular establishment.

(2) In the event of failure by an official establishment to provide suitable facilities for incubation of test samples, the officer in charge may require holding of the entire lot under such conditions and for such period of time as may, in his discretion, be necessary to establish the stability of the product.

(3) The officer in charge may permit lots of canned product to be shipped from the official establishment prior to completion of sample incubation when he has no reason to suspect unsoundness in the particular lots, and under circumstances which will assure the return of the product to the establishment for reinspection should such action be indicated by the incubation results.

(4) Incubation shall consist of holding the samples at 95 degrees (±2° F.) for no less than 10 days; except

(i) Samples of firmly packed products such as luncheon meat, and products with high fat content, such as chorizos packed in lard, and products weighing three pounds or more shall be held at 95 degrees (±2° F.) for no less than 20 days.

(ii) Samples of products composed of chunks or patties of meat in a medium or sauce wherein the pH of the meat component and the medium or sauce are significantly different shall be incubated at 95 degrees (±2° F.) for no less than 30 days.

1 CRR-NY 318.12 Manufacture of dog food or similar uninspected article at official establishment {#sec-1-crr-ny-318.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.12}

(a) When dog food, or similar uninspected article is manufactured in an edible product department, there shall be sufficient space allotted and adequate equipment provided so that the manufacture of the uninspected article in no way interferes with the handling or preparation of edible products. Where necessary to avoid adulteration of edible products, separate equipment shall be provided for the uninspected article. To assure the maintenance of sanitary conditions in the edible product departments, the operations incident to the manufacture of the uninspected article will be subjected to the same sanitary requirements that apply to all operations in edible product departments. The manufacture of the uninspected article shall be limited to those hours during which the establishment operates under inspectional supervision; and there shall be no handling, other than receiving at the official establishment, of any of the product ingredient of the uninspected article, other than during the regular hours of inspection. The materials used in the manufacture of the uninspected article shall not be used so as to interfere with the inspection of edible product or the maintenance of sanitary conditions in the department or render any edible product adulterated. The meat, meat by-products, and meat food product ingredients of the uninspected article may be admitted into any edible products department of an official establishment only if they are NYSDA&M or United States inspected and passed. Products within section 314.11 of this Article or parts of carcasses of kinds not permitted under the regulations in this Article to be prepared for human food (e.g., lungs or intestines), which are produced at any official establishment, may be brought into the inedible products department of any official establishment for use in uninspected articles under this section. The uninspected article may be stored in, and distributed from, edible product departments: provided, that adequate facilities are furnished, there is no interference with the maintenance of sanitary conditions, and such article is properly identified.

(b) When dog food or similar uninspected article is manufactured in a part of an official establishment other than an edible product department, the area in which the article is manufactured shall be separated from edible product departments in the manner required for separation between edible product departments and inedible product departments. Sufficient space must be allotted and adequate equipment provided so that the manufacture of the uninspected articles does not interfere with the proper functioning of the other operations at the establishment. Except as provided in section 314.11 of this Article, nothing in this subdivision shall be construed as permitting any deviation from the requirement that dead animals, condemned product, and similar materials of whatever origin, must be placed in the inedible product rendering equipment, and without undue delay. The manufacture of the uninspected article must be such as not to interfere with the maintenance of general sanitary conditions on the premises, and it shall be subject to inspectional supervision similar to that exercised over other inedible product departments. There shall be no movement of any product from an inedible product department to any edible product department. Trucks, barrels, and other equipment shall be cleaned before being returned to edible product departments from inedible product departments. Unoffensive material prepared outside edible product departments may be stored in, and distributed from, edible product departments only if packaged in clean, properly identified, sealed containers.

(c) Animal food shall be distinguished from articles of human food, so as to avoid distribution of such animal food as human food. To accomplish this, such animal food shall be labeled or otherwise identified in accordance with section 325.11(e) of this Subchapter.

1 CRR-NY 318.13 Mixtures containing product but not amenable to the law {#sec-1-crr-ny-318.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.13}

Mixtures containing product but not classed as a meat food product under the law shall not bear the inspection legend or any abbreviation or representation thereof. When such mixtures are manufactured in any part of an official establishment, the sanitation of that part of the establishment shall be supervised by department employees, and the manufacture of such mixtures shall not cause any deviation from the requirement of section 318.1 of this Part.

1 CRR-NY 318.14 Adulteration of product by polluted water; procedure for handling {#sec-1-crr-ny-318.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.14}

Agriculture and Markets Law, § 96-z-34

(a) In the event there is polluted water (including but not limited to flood water) in an official establishment, all products and ingredients for use in the preparation of such products that have been rendered adulterated by the water shall be condemned.

(b) After the polluted water has receded from an official establishment, all walls, ceilings, posts, and floors of the rooms and compartments involved, including the equipment therein, shall, under the supervision of an inspector, be cleaned thoroughly by the official establishment personnel. An adequate supply of hot water under pressure is essential to make such cleaning effective. After cleaning, a solution of sodium hypochlorite containing approximately one-half of one percent available chlorine (5,000 p/m) or other equivalent disinfectant approved by the commissioner shall be applied to the surface of the rooms and equipment and rinsed with potable water before use.

(c) Hermetically sealed containers of product which have been contaminated by polluted water shall be examined promptly by the official establishment under supervision of an inspector and rehandled as follows:

(1) Separate and condemn all product in damaged or extensively rusted containers.

(2) Remove paper labels and wash the remaining containers in warm soapy water, using a brush where necessary to remove rust or other foreign material. Disinfect these containers by either of the following methods:

(i) Immerse in a solution of sodium hypochlorite containing not less than 100 p/m of available chlorine or other equivalent disinfectant approved by the commissioner, rinse in potable water, and dry thoroughly; or

(ii) Immerse in 212° F. water, bring temperature of the water back to 212° F. and maintain the temperature at 212° F. for five minutes, then remove containers from water and cool them to 95° F. and dry thoroughly.

(3) After handling as described in subdivision (c)(2) of this section, the containers may be relacquered, if necessary, and then relabeled with approved labels applicable to the product therein.

(4) The identity of the canned product shall be maintained throughout all stages of the rehandling operations to insure correct labeling of the containers.

1 CRR-NY 318.15 Tagging chemicals, preservatives, cereals, spices, etc., “NYSDA&M Retained” {#sec-1-crr-ny-318.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.15}

When any chemical, preservative, cereal, spice or other substance is intended for use in an official establishment, it shall be examined by a department employee and if found to be unfit or otherwise unacceptable for the use intended, or if final decision regarding acceptance is deferred pending laboratory or other examination, the employee shall attach a “NYSDA&M Retained” tag to the substance or container thereof. The substance so tagged shall be kept separate from other substances as the officer in charge may require and shall not be used until the tag is removed, and such removal shall be made only by a department employee after a finding that the substance can be accepted, or, in the case of an unacceptable substance, when it is removed from the establishment.

1 CRR-NY 318.16 Pesticide chemicals and other residues in products {#sec-1-crr-ny-318.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 318.16}

(a) Nonmeat ingredients.

Residues of pesticide chemicals, food additives and color additives or other substances in or on ingredients (other than meat, meat by-products, and meat food products) used in the formulation of products shall not exceed the levels permitted under the Federal Food, Drug and Cosmetic Act, and such nonmeat ingredients must otherwise be in compliance with the requirements under that act.

(b) Products, and meat, meat by-product, or other meat food product ingredients.

Products, and products used as ingredients of products, shall not bear or contain any pesticide chemical, food additive, or color additive residue in excess of the level permitted under the Federal Food, Drug and Cosmetic Act and the regulations in this Article, or any other substance that is prohibited by such regulations or that otherwise makes the products adulterated.

(c) Standards and procedures.

Instructions specifying the standards and procedures for determining when ingredients of finished products are in compliance with this section shall be issued to the inspectors by the commissioner.

Part 319 DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION

GENERAL GENERAL

1 CRR-NY 319.1 Labeling and preparation of standardized products {#sec-1-crr-ny-319.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.1}

Labels for products for which standards of identity or composition are prescribed in this Part shall show the appropriate product name, an ingredient statement, and other label information in accordance with the special provisions, if any, in this Part, and otherwise in accordance with the general labeling provisions in Part 317 of this Article, and such products shall be prepared in accordance with the special provisions, if any, in this Part and otherwise in accordance with the general provisions in this Article. Any product for which there is a common or usual name must consist of ingredients and be prepared by the use of procedures common or usual to such products insofar as specific ingredients or procedures are not prescribed or prohibited by the provisions of this Article.

RAW MEAT PRODUCTS RAW MEAT PRODUCTS

1 CRR-NY 319.15 Miscellaneous beef products {#sec-1-crr-ny-319.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.15}

(a) Chopped beef, ground beef.

“Chopped Beef” or “Ground Beef” shall consist of chopped fresh and/or frozen beef with or without seasoning and without the addition of beef fat as such, shall not contain more than 30 percent fat, and shall not contain added water, binders, or extenders. When beef cheek meat (trimmed beef cheeks) is used in the preparation of chopped or ground beef, the amount of such cheek meat shall be limited to 25 percent; and if in excess of natural proportions, its presence shall be declared on the label, in the ingredient statement required by section 317.2 of this Article, if any, and otherwise contiguous to the name of the product.

(b) Hamburger.

“Hamburger” shall consist of chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasoning, shall not contain more than 30 percent fat, and shall not contain added water, binders, or extenders. Beef cheek meat (trimmed beef cheeks) may be used in the preparation of hamburger only in accordance with the conditions prescribed in subdivision (a) of this section.

(c) Beef patties.

“Beef Patties” shall consist of chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasonings. Binders or extenders and/or partially defatted beef fatty tissue may be used without added water or with added water only in amounts such that the product's characteristics are essentially that of a meat pattie.

(d) Fabricated steaks.

Fabricated beef steaks, veal steaks, beef and veal steaks, or veal and beef steaks, and similar products, such as those labeled “Beef Steak, Chopped, Shaped, Frozen”, “Minute Steak, Formed, Wafer Sliced, Frozen”, “Veal Steaks, Beef Added, Chopped-Molded-Cubed-Frozen, Hydrolyzed Plant Protein, and Flavoring” shall be prepared by comminuting and forming the product from fresh and/or frozen meat, with or without added fat, of the species indicated on the label. Such products shall not contain more than 30 percent fat and shall not contain added water, binders or extenders. Beef cheek meat (trimmed beef cheeks) may be used in the preparation of fabricated beef steaks only in accordance with the conditions prescribed in subdivision (a) of this section.

(e) Partially defatted beef fatty tissue.

“Partially Defatted Beef Fatty Tissue” is a beef by-product derived from the low temperature rendering (not exceeding 120 degrees Fahrenheit) of fresh beef fatty tissue. Such product shall have a pinkish color and a fresh odor and appearance.

1 CRR-NY 319.29 Miscellaneous pork products {#sec-1-crr-ny-319.29 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.29}

Partially defatted pork fatty tissue. “Partially Defatted Pork Fatty Tissue” is a pork by-product derived from the low temperature rendering (not exceeding 120 degrees Fahrenheit) of fresh pork fatty tissue, exclusive of skin. Such product shall have a pinkish color and a fresh odor and appearance.

COOKED MEATS COOKED MEATS

1 CRR-NY 319.80 Barbecued meats {#sec-1-crr-ny-319.80 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.80}

Barbecued meats, such as product labeled “Beef Barbecue” or “Barbecued Pork”, shall be cooked by the direct action of dry heat resulting from the burning of hard wood or the hot coals therefrom for a sufficient period to assume the usual characteristics of a barbecued article, which include the formation of a brown crust on the surface and the rendering of surface fat. The product may be basted with a sauce during the cooking process. The weight of barbecued meat shall not exceed 70 percent of the weight of the fresh uncooked meat.

1 CRR-NY 319.81 Roast beef parboiled and steam roasted {#sec-1-crr-ny-319.81 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.81}

“Roast Beef Parboiled and Steam Roasted” shall be prepared so that the weight of the finished product, excluding salt and flavoring material, shall not exceed 70 percent of the fresh beef weight. Beef cheek meat and beef head meat from which the overlying glandular and connective tissues have been removed, and beef heart meat, exclusive of the heart cap may be used individually or collectively to the extent of five percent of the meat ingredients in the preparation of canned product labeled “Roast Beef Parboiled and Steam Roasted”. When beef cheek meat, beef head meat, or beef heart meat is used in preparation of this product, its presence shall be reflected in the statement of ingredients required by Part 317 of this Article.

CURED MEATS, UNSMOKED AND SMOKED CURED MEATS, UNSMOKED AND SMOKED

1 CRR-NY 319.100 Corned beef {#sec-1-crr-ny-319.100 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.100}

“Corned Beef” shall be prepared from beef briskets, navels, clods, middle ribs, rounds, rumps, or similar cuts using one or a combination of the curing ingredients specified in paragraphs 318.7(c)(1) and (4) of this Article. Canned product labeled “Corned Beef” shall be prepared so that the weight of the finished product, excluding cure, salt, and flavoring material, shall not exceed 70 percent of the fresh beef weight. Corned beef other than canned shall be cured in pieces weighing not less than one pound, and if cooked, its weight shall not exceed the weight of the fresh uncured beef. Beef cheek meat, beef head meat and beef heart meat may be used to the extent of five percent of the meat ingredients in preparation of this product when trimmed as specified in section 319.81. When beef cheek meat, beef head meat, or beef heart meat is used in preparation of this product, its presence shall be reflected in the statement of ingredients required by Part 317 of this Article. The application of curing solution to beef cuts, other than briskets, which are intended for bulk corned beef shall not result in an increase in the weight of the finished cured product of more than 10 percent over the weight of the fresh uncured meat.

1 CRR-NY 319.101 Corned beef brisket {#sec-1-crr-ny-319.101 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.101}

In preparing “Corned Beef Brisket”, the application of curing solution to the beef brisket shall not result in an increase in the weight of the finished cured product of more than 20 percent over the weight of the fresh uncured brisket. If the product is cooked, the weight of the finished product shall not exceed the weight of the fresh uncured brisket.

1 CRR-NY 319.102 Corned beef round and other corned beef cuts {#sec-1-crr-ny-319.102 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.102}

In preparing “Corned Beef Round” and other corned beef cuts, except “Corned Beef Briskets”, the curing solution shall be applied to pieces of beef weighing not less than one pound and such application shall not result in an increased weight of the cured beef product of more than 10 percent over the weight of the fresh uncured beef cut. If the product is cooked, the weight of the finished product shall not exceed the weight of the fresh uncured beef cut.

1 CRR-NY 319.103 Cured beef tongue {#sec-1-crr-ny-319.103 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.103}

In preparing “Cured Beef Tongue”, the application of curing solution to the fresh beef tongue shall not result in an increase in the weight of the cured beef tongue of more than 10 percent over the weight of the fresh uncured beef tongue.

1 CRR-NY 319.104 Cured pork products, unsmoked and smoked {#sec-1-crr-ny-319.104 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.104}

(a) Cured, unsmoked products.

Cured, unsmoked, “Boneless Pork Shoulder”, “Boneless Pork Shoulder Butts”, or pieces of pork loin in casings or similar containers of consumer size, shall not contain more than 10 percent added substances as a result of the curing process.

(b) Smoked products.

The weight of any smoked products such as “Ham”, “Pork Shoulder”, “Pork Shoulder Picnic”, “Pork Shoulder Butt”, or similar products, except such products prepared for canning, shall not exceed the weight of the fresh uncured article.

(c) Other cooked, cured products.

The preparation of any cooked, cured products, such as “Ham”, “Pork Shoulder”, Pork Shoulder Picnic”, Pork Shoulder Butt”, and “Pork Loin”, or similar products, either by moist or dry heat, (except such products prepared for canning), shall not result in the finished cooked product weighing more than the fresh uncured article.

(d) Cured, water added products.

Products resembling standardized ham and other pork products of the kinds provided for in subdivision (b) or (c) of this section which do not conform to such provisions because they contain added water not in excess of 10 percent of the weight of the fresh, uncured products, shall bear on their labels the term “Water Added”, as a part of the product name, in prominent lettering not less than three-eighths inch in height, and if not placed in a consumersize package labeled in accordance with this Part and Part 317 of this Article, shall be marked with the term “Water Added” the full length of the product. However, the commissioner may approve smaller lettering for labels of small packages, such as four-ounce packages, when he finds that the size and style of the lettering in connection with the product name are such as to insure the prominence of the required terms. The qualifying phrase “Up to 10 percent” or equivalent phrase may be used in labeling such products in connection with the term “Water Added” at the option of the operator of the establishment, provided the qualifying phrase does not detract from the prominence of the term “Water Added”.

(e) Canned products.

The preparation of any canned products such as “Ham”, “Pork Shoulder Picnic”, or similar products, shall not result in an increase in weight of more than eight percent over the weight of the fresh uncured article.

(f) Pressed ham, spiced ham, and similar products.

“Pressed Ham”, “Pressed Ham with Natural Juices”, “Spiced Ham”, and similar products may contain finely chopped ham shank meat to the extent of 25 percent over that normally present in the boneless ham. The weight of the cured chopped ham prior to processing shall not exceed the weight of the fresh uncured ham, exclusive of the bone and fat removed in the boning operation, plus the weight of the curing ingredients and three percent moisture.

1 CRR-NY 319.105 Chopped ham {#sec-1-crr-ny-319.105 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.105}

(a) “Chopped Ham” is the semisolid meat food product, in the form of a compact mass with a limited amount of cooked out juices, which is prepared with ham, curing agents, seasonings, and any of the optional ingredients listed in subdivision (b) of this section, in accordance with the provisions of paragraphs (1), (2) and (3) of this subdivision.

(1) Fresh ham, cured ham, or smoked ham, or a mixture of two or more of such meat components may be used. The weight of the cured chopped ham prior to processing shall not exceed the weight of the fresh uncured ham and fresh uncured ham shank meat if any is used, exclusive of the bones and fat removed in the boning operations, plus the weight of the curing ingredients and three percent moisture.

(2) The curing agents that may be used, singly or in combination, are salt, sodium nitrate, sodium nitrite, potassium nitrate, and potassium nitrite. When sodium nitrate, or sodium nitrite, or potassium nitrite is used, singly or in combination, the amount thereof shall not exceed that permitted in section 318.7(c)(4) of this Article.

(3) The seasonings that may be used, singly or in combination, are salt, sugar (sucrose or dextrose), spice and flavoring, including essential oils, oleoresins and other spice extractives.

(b) Chopped ham may contain one or more of the following optional ingredients:

(1) Finely chopped ham shank meat (fresh, cured, or smoked, or a combination thereof) to the extent of not more than 25 percent over that normally present in the boneless ham;

(2) Water, for the purpose of dissolving the curing agents, and not in excess of the amount permitted in paragraph (a)(1) of this section;

(3) Monosodium glutamate;

(4) Hydrolyzed plant protein;

(5) Corn syrup solids, corn syrup and glucose syrup, singly or in combination, in an amount not to exceed two percent (calculated on a dry basis) of all the ingredients used in preparing the chopped ham;

(6) Disodium phosphate, sodium hexametaphosphate, sodium tripolyphosphate, sodium pyrophosphate, and sodium acid pyrophosphate, singly or in combination, in an amount not to exceed that permitted in paragraph 318.7(c) (4) of this Article;

(7) Ascorbic acid, sodium ascorbate, isoascorbic acid or sodium isoascorbate in an amount not to exceed that permitted in paragraph 318.7(c)(4) of this Article;

(8) Dehydrated onions or onion powder;

(9) Dehydrated garlic or garlic powder.

SAUSAGE GENERALLY: FRESH SAUSAGE SAUSAGE GENERALLY: FRESH SAUSAGE

1 CRR-NY 319.140 Sausage {#sec-1-crr-ny-319.140 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.140}

Except as otherwise provided in this section, or under article 5-D of the Agriculture and Markets Law with respect to products consisting partly of poultry, sausage is the coarse or finely comminuted meat food product prepared from one or more kinds of meat or meat and meat by-products, containing various amounts of water as provided for elsewhere in this Part, and usually seasoned with condimental proportions of contimental substances, and frequently cured. Certain sausage as provided for elsewhere in this Part may contain binders and extenders; e.g., cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, nonfat dry milk, calcium reduced skim milk or dried milk. The finished product shall contain no more than three and one-half percent of these additives individually or collectively. Two percent of isolated soy protein shall be deemed equivalent to three and one-half percent of any one or more of these binders. Sausage may not contain phosphates except that uncooked pork from cuts cured with phosphates listed in paragraph 318.7(c)(4) of this Article may be used in cooked sausage. To facilitate chopping or mixing to dissolve the usual curing ingredients, water or ice may be used in the preparation of sausage which is not cooked in an amount not to exceed three percent of the total ingredients in the formula. Cooked sausages such as Polish sausage, cotto salami, braunschweiger, liver sausage, and similar cooked sausage products may contain no more than 10 percent of added water in the finished product.

1 CRR-NY 319.141 Fresh pork sausage {#sec-1-crr-ny-319.141 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.141}

Fresh Pork Sausage is prepared with fresh pork or frozen pork, or both, not including pork by-products, and may be seasoned with condimental substances as permitted under Part 318 of this Article. It shall not be made with any lot of product which, in the aggregate, contains more than 50 percent trimmable fat, that is, fat which can be removed by thorough, practicable trimming and sorting. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed three percent of the total ingredients used.

1 CRR-NY 319.142 Fresh beef sausage {#sec-1-crr-ny-319.142 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.142}

Fresh Beef Sausage is sausage prepared with fresh beef or frozen beef, or both, not including beef by-products, and may be seasoned with condimental substances as permitted under Part 318 of this Article. The finished product shall not contain more than 30 percent fat. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed three percent of the total ingredients used.

1 CRR-NY 319.143 Breakfast sausage {#sec-1-crr-ny-319.143 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.143}

Breakfast Sausage is sausage prepared with fresh and/or frozen meat, or meat and meat by-products and may be seasoned with condimental substances as permitted in Part 318 of this Article. It shall not be made with any lot of product which, in the aggregate, contains more than 50 percent trimmable fat; that is, fat which can be removed by thorough practicable trimming and sorting. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed three percent of the total ingredients used. Extenders or binders as listed in Part 318 of this Article may be used to the extent of three and one-half percent of the finished sausage as permitted in section 319.140 of this Part.

1 CRR-NY 319.144 Whole hog sausage {#sec-1-crr-ny-319.144 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.144}

Whole Hog Sausage is sausage prepared with fresh and/or frozen meat from swine in such proportions as are normal to a single animal and may be seasoned with condimental substances as permitted in Part 318 of this Article. It shall not be made with any lot of product which, in the aggregate, contains more than 50 percent trimmable fat; that is, fat which can be removed by thorough practicable trimming and sorting. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed three percent of the total ingredients used.

1 CRR-NY 319.145 Italian sausage products {#sec-1-crr-ny-319.145 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.145}

(a) Italian sausage products are uncured, unsmoked sausages containing at least 85 percent meat, or combination of meat and fat, with the total fat content constituting not more than 35 percent of the finished product. Such products shall be prepared in accordance with the provisions of paragraph (1), (2) or (3) of this subdivision, and shall contain salt, pepper, and either fennel or anise, or a combination of fennel and anise. Such products may contain any or all of the optional ingredients listed in subdivision (b) of this section.

(1) “Italian Sausage” shall be prepared with fresh or frozen pork, or pork and pork fat.

(2) “Italian Sausage with Beef”, “Italian Sausage with Veal”, or “Italian Sausage with Beef and Veal”, shall be prepared so that fresh or frozen pork constitutes the major portion of the meat content requirement of this subdivision. When pork muscle tissue is conbined with beef or veal, or both, in the preparation of bulk-packed products, or patties, it shall be treated for the destruction of possible live trichinae in accordance with section 318.10 of this Article.

(3) “Italian Beef Sausage” or “Kosher Italian Beef Sausage” shall be prepared with fresh or frozen beef or beef and beef fat. “Italian Veal Sausage” or “Kosher Italian Veal Sausage” shall be prepared with fresh or frozen veal or veal and veal fat.

(b) Optional ingredients permitted in Italian sausage products include:

(1) spices (including paprika) and flavorings;

(2) water or ice to facilitate chopping or mixing, but not to exceed three percent of the total weight of all ingredients including water;

(3) red or green peppers, or both;

(4) dehydrated or fresh onions, garlic, and parsley;

(5) sugar, dextrose, corn syrup, corn syrup solids, and glucose syrup; and

(6) monosodium glutamate and antioxidants in accordance with the chart of substances in section 318.7(c)(4) of this Article.

(c) If Italian sausage products are cooked, determination of compliance with the provisions of subdivisions (a) and (b) of this section shall be based on the uncooked product.

UNCOOKED, SMOKED SAUSAGE UNCOOKED, SMOKED SAUSAGE

1 CRR-NY 319.160 Smoked pork sausage {#sec-1-crr-ny-319.160 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.160}

Smoked Pork Sausage is pork sausage that is smoked with hardwood or other approved nonresinous materials. It may be seasoned with condimental substances as permitted in Part 318 of this Article. It shall not be made with any lot of product which, in the aggregate, contains more than 50 percent trimmable fat; that is, fat which can be removed by thorough practicable trimming and sorting. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed three percent of the total ingredients used.

COOKED, SMOKED SAUSAGE COOKED, SMOKED SAUSAGE

1 CRR-NY 319.180 Frankfurter, frank, furter, hotdog, wiener, vienna, bologna, garlic bologna, knockwurst, and similar products {#sec-1-crr-ny-319.180 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.180}

[Additional statutory authority: Agriculture and Markets Law, § 96-z-34]

(a) Frankfurter, frank, furter, hotdog, wiener, vienna, bologna, garlic bologna, knockwurst and similar cooked sausages are comminuted, semisolid sausages prepared from one or more kinds of raw skeletal muscle meat or raw skeletal muscle meat and raw or cooked poultry meat, and seasoned and cured, using one or more of the curing agents in accordance with section 318.7(c) of this Article. They may or may not be smoked. The finished products shall not contain more than 30 percent fat. Water or ice, or both, may be used to facilitate chopping or mixing or to dissolve the curing ingredients but the sausage shall contain no more than 10 percent of added water. These sausage products may contain uncooked, cured pork from primal parts as defined in section 316.9(b) of this Article, which do not contain any phosphates or contain only phosphates approved under Part 318 of this Article. Such products may contain raw or cooked poultry meat not in excess of 15 percent of the total ingredients, excluding water, in the sausage. Such poultry meat ingredients shall be designated in the ingredient statement on the label of such sausage in accordance with the provisions of section 340.130(a)(1) and (2) of this Subchapter.

(b) Frankfurter, frank, furter, hotdog, wiener, vienna, bologna, garlic bologna, knockwurst and similar cooked sausages that are labeled with the phrase “with byproducts”, or “with variety meats” in the product name are comminuted, semisolid sausages consisting of not less than 15 percent of one or more kinds of raw skeletal muscle meat with raw meat byproducts, or not less than 15 percent of one or more kinds of raw skeletal muscle meat with raw meat byproducts and raw or cooked poultry products; and seasoned and cured, using one or more of the curing ingredients in accordance with section 318.7(c) of this Article. They may or may not be smoked. Partially defatted pork fatty tissue or partially defatted beef fatty tissue, or a combination of both, may be used in an amount not exceeding 15 percent of the meat and meat byproducts or meat, meat byproducts, and poultry products ingredients. The finished products shall not contain more than 30 percent fat. Water or ice, or both, may be used to facilitate chopping or mixing or to dissolve the curing and seasoning ingredients, but the sausage shall contain no more than 10 percent of added water. These sausage products may contain uncooked, cured pork which does not contain any phosphates or contains only phosphates approved under Part 318 of this Article. These sausage products may contain poultry product, individually or in combination, not in excess of 15 percent of the total ingredients, excluding water, in the sausage. Such poultry products shall not contain kidneys or sex glands. The amount of poultry skin present in the sausage must not exceed the natural proportion of skin present on the whole carcass of the kind of poultry used in the sausage, as specified in section 340.131(g) of this Chapter. The poultry products used in the sausage shall be designated in the ingredient statement on the label of such sausage in accordance with the provisions of section 340.130(a)(1)(2) of this Subchapter. Meat byproducts used in the sausage shall be designated individually in the ingredient statement on the label for such sausage in accordance with section 317.2 of this Article.

(c) A cooked sausage as defined in subdivision (a) of this section shall be labeled by its generic name, e.g., frankfurter, frank, furter, hotdog, wiener, vienna, bologna, garlic bologna, or knockwurst. Sausage products within subdivision (a) of this section that are prepared with meat from a single species of cattle, sheep, swine, or goats shall be labeled with the term designating the particular species in conjunction with the generic name, e.g., “Beef Frankfurter”.

(d) A cooked sausage as defined in subdivision (b) of this section shall be labeled by its generic name, e.g., frankfurter, frank, furter, hotdog, wiener, vienna, bologna, garlic bologna, or knockwurst, in conjunction with the phrase “with byproducts” or “with variety meats” with such supplemental phrase shown in a prominent manner directly contiguous to the generic name and in the same color on an identical background.

(e) With appropriate labeling as required by section 317.8(b)(16) of this Article, e.g., “Frankfurter, Calcium Reduced Dried Skim Milk Added”, or “Bologna with Byproducts (or Variety Meats), Soy Flour Added”, one or more of the following binders may be used in cooked sausage otherwise complying with subdivision (a) or (b) of this section: dried milk, calcium reduced dried skim milk, nonfat dry milk, cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein, provided such ingredients, individually or collectively, do not exceed three and one-half percent of the finished product, except that two percent of isolated soy protein shall be deemed to be the equivalent of three and one-half percent of any one or more of the other binders.

(f) Cooked sausages shall not be labeled with terms such as “All Meat” or “All (Species)”, or otherwise to indicate they do not contain nonmeat ingredients or are prepared only from meat.

(g) For the purpose of this section: poultry meat means deboned chicken meat or turkey meat, or both, without skin or added fat; poultry products mean chicken or turkeys, or chicken meat or turkey meat as defined in sections 340.130(a)(1) and (2) of this Subchapter, or poultry byproducts as defined in section 340.1 of this Subchapter; and meat byproducts (or variety meats) mean pork stomachs or snouts, beef, veal, lamb, or goat tripe, beef, veal, lamb, goat, or pork hearts, tongues, fat, lips, weasands, and spleens, and partially defatted pork fatty tissue, or partially defatted beef fatty tissue.

1 CRR-NY 319.181 Cheesefurters and similar products {#sec-1-crr-ny-319.181 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.181}

“Cheesefurters” and similar products are products in casings which resemble frankfurters except that they contain sufficient cheese to give definite characteristics to the finished article. They may contain cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, nonfat dry milk, calcium reduced skim milk, or dried milk. The finished products shall contain no more than three and one-half percent of these additives, individually and collectively, exclusive of the cheese constituent. In determining the maximum amount of the ingredients specified in this section which may be used, individually and collectively, in a product, two percent of isolated soy protein shall be considered the equivalent of three and one-half percent of any other ingredient specified in this section. When any such additive is added to these products, there shall appear on the label in a prominent manner, contiguous to the name of the product, the name of each such added ingredient, as for example, “Cereal Added”, “With Cereal”, “Potato Flour Added”, “Cereal and Potato Flour Added”, “Soy Flour Added”, “Nonfat Dry Milk Added”, “Cereal and Nonfat Dry Milk Added”, as the case may be. These products shall contain no more than 10 percent of added water and/or ice, 30 percent fat and shall comply with the other provisions for cooked sausages that are in this Article.

OTHER COOKED SAUSAGE OTHER COOKED SAUSAGE

1 CRR-NY 319.200 Liver sausage and similar products {#sec-1-crr-ny-319.200 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.200}

“Liver Sausage” and “Braunschweiger” are cooked sausages made from fresh and/or frozen pork and pork livers and/or beef livers and may contain cured pork, beef and veal, and pork fat. Liver sausage may also contain beef and pork by-products, pork skins, sheep livers and goat livers. These products shall contain not less than 30 percent of liver computed on the weight of the fresh liver and may contain binders and extenders as permitted in section 319.140.

LUNCHEON MEAT, LOAVES AND JELLIED PRODUCTS LUNCHEON MEAT, LOAVES AND JELLIED PRODUCTS

1 CRR-NY 319.260 Luncheon meat {#sec-1-crr-ny-319.260 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.260}

“Luncheon Meat” is a cured, cooked meat food product made from comminuted meat. To facilitate chopping or mixing or to dissolve the usual curing ingredients, water or ice may be used in the preparation of luncheon meat in an amount not to exceed three percent of the total ingredients.

1 CRR-NY 319.261 Meat loaf {#sec-1-crr-ny-319.261 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.261}

Meat Loaf is a cooked meat food product in loaf form made from comminuted meat. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed three percent of the total ingredients used.

COOKED MEAT SPECIALTIES, PUDDINGS AND NONSPECIFIC LOAVES COOKED MEAT SPECIALTIES, PUDDINGS AND NONSPECIFIC LOAVES

1 CRR-NY 319.280 Scrapple {#sec-1-crr-ny-319.280 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.280}

Scrapple shall contain not less than 40 percent meat and/or meat by-products computed on the basis of the fresh weight, exclusive of bone. The meal or flour used may be derived from grain and/or soybeans.

1 CRR-NY 319.281 Bockwurst {#sec-1-crr-ny-319.281 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.281}

(a) Bockwurst is an uncured, comminuted meat food product which may or may not be cooked. It contains meat, milk or water or a combination thereof, eggs, vegetables, and any of the optional ingredients listed in subdivision (b) of this section; and is prepared in accordance with the provisions of paragraphs (1), (2), (3), and (4) of this subdivision.

(1) Meat shall constitute not less than 70 percent of the total weight of the product and shall consist of pork or a mixture of pork and veal, pork and beef, or pork, veal, and beef. Pork may be omitted when the species of meat used in the product is identified in the product name (e.g., veal bockwurst, beef bockwurst, or beef and veal bockwurst). Such meat shall be fresh or fresh frozen meat.

(2) The “milk” may be fresh whole milk, dried milk, nonfat dry milk, calcium reduced dried skim milk, or any combination thereof.

(3) “Eggs” refer to whole eggs that are fresh, frozen, or dried.

(4) “Vegetables” refer to onions, chives, parsley, and leeks, alone or in any combination.

(b) Bockwurst may contain one or more of the following optional ingredients:

(1) pork fat;

(2) celery, fresh or dehydrated;

(3) spices, flavorings;

(4) salt;

(5) egg whites, fresh, frozen, or dried;

(6) corn syrup solids, corn syrup, or glucose syrup with a mazimum limit of two percent individually or collectively, calculated on a dry basis—the maximum quantities of such ingredients shall be computed on the basis of the total weight of the ingredients;

(7) autolyzed yeast extract, hydrolyzed plant protein, milk protein hydrolysate, and monosodium glutamate;

(8) sugars (sucrose and dextrose); or

(9) cereal, bread, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, and isolated soy protein, provided such ingredients, individually or collectively, do not exceed three and one-half percent of total weight of all the ingredients, except that two percent of isolated soy protein shall be deemed to be the equivalent of three and one-half percent of any one or more of the other ingredients permitted in this paragraph. Bockwurst containing any of the ingredients permitted by this paragraph shall be labeled in accordance with section 317.8(b)(33) of this Article.

(c) If bockwurst is cooked or partially cooked, the composition of the raw mix from which it is prepared shall be used in determining whether it meets the requirements of this section.

CANNED, FROZEN OR DEHYDRATED MEAT FOOD PRODUCTS CANNED, FROZEN OR DEHYDRATED MEAT FOOD PRODUCTS

1 CRR-NY 319.300 Chili con carne {#sec-1-crr-ny-319.300 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.300}

Chili con carne shall contain not less than 40 percent of meat computed on the weight of the fresh meat. Head meat, cheek meat, and heart meat exclusive of the heart cap may be used to the extent of 25 percent of the meat ingredients under specific declaration of the label. The mixture may contain not more than eight percent, individually or collectively, of cereal, vegetable starch, starchy vegetable flour, soy flour, soy protein concentrate, isolated soy protein, dried milk, nonfat dry milk, or calcium reduced dried skim milk.

1 CRR-NY 319.301 Chili con carne with beans {#sec-1-crr-ny-319.301 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.301}

Chili con carne with beans shall contain not less than 25 percent of meat computed on the weight of the fresh meat. Head meat, cheek meat, or heart meat exclusive of the heart cap may be used to the extent of 25 percent of the meat ingredient, and its presence shall be reflected in the statement of ingredients required by Part 317 of this Article.

1 CRR-NY 319.302 Hash {#sec-1-crr-ny-319.302 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.302}

Hash shall contain not less than 35 percent of meat computed on the weight of the cooked and trimmed meat. The weight of the cooked meat used in this calculation shall not exceed 70 percent of the weight of the uncooked fresh meat.

1 CRR-NY 319.303 Corned beef hash {#sec-1-crr-ny-319.303 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.303}

(a) “Corned Beef Hash” is the semisolid food product in the form of a compact mass which is prepared with beef, potatoes, curing agents, seasonings, and any of the optional ingredients listed in subdivision (b) of this section, in accordance with the provisions of paragraphs (1), (2), (3) and (4) of this subdivision and the provisions of subdivision (c) of this section.

(1) Either fresh beef, cured beef, or canned corned beef or a mixture of two or more of these ingredients, may be used, and the finished product shall contain not less than 35 percent of beef computed on the weight of the cooked and trimmed beef. The weight of the cooked meat used in this calculation shall not exceed 70 percent of the weight of the uncooked fresh meat.

(2) “Potatoes” refers to fresh potatoes, dehydrated potatoes, cooked dehydrated potatoes, or a mixture of two or more of these ingredients.

(3) The curing agents that may be used are salt, sodium nitrate, sodium nitrite, potassium nitrate, or potassium nitrite, or a combination of two or more of these ingredients. When sodium nitrate, sodium nitrite, potassium nitrate, or potassium nitrite is used it shall be used in amounts not exceeding those specified in paragraph 318.7(c)(4) of this Article.

(4) The seasonings that may be used, singly or in combination, are salt, sugar (sucrose or dextrose), spice, and flavoring, including essential oils, oleoresins, and other spice extractives.

(b) Corned beef hash may contain one or more of the following optional ingredients:

(1) Beef cheek meat and beef head meat from which the overlying glandual connective tissue has been removed, and beef heart meat, exclusive of the heart cap, may be used individually or collectively to the extent of five percent of the meat ingredients;

(2) Onions, including fresh onions, dehydrated onions, or onion powder;

(3) Garlic, including fresh garlic, dehydrated garlic, or garlic powder;

(4) Water;

(5) Beef broth or beef stock;

(6) Monsodium glutamate;

(7) Hydrolyzed plant protein;

(8) Beef fat.

(c) The finished product shall not contain more than 15 percent fat nor more than 72 percent moisture.

(d)

(1) When any ingredient specified in paragraph (b)(1) of this section is used, the label shall bear the following applicable statement: “Beef cheek meat constitutes 5 percent of the meat ingredient” or “Beef head meat constitutes 5 percent of the meat ingredient” or “Beef heart meat constitutes 5 percent of the meat ingredient”. When two or more of the ingredients are used, the words “Constitutes 5 percent of meat ingredient” need only appear once.

(2) Whenever the words “corned beef hash” are featured on the label so conspicuously as to identify the contents, the statements prescribed in paragraph (1) of this subdivision shall immediately and conspicuously precede or follow such name without intervening written, printed, or other graphic matter.

1 CRR-NY 319.304 Meat stews {#sec-1-crr-ny-319.304 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.304}

Meat stews such as “Beef Stew” or “Lamb Stew” shall contain not less than 25 percent of meat of the species named on the label, computed on the weight of the fresh meat.

1 CRR-NY 319.305 Tamales {#sec-1-crr-ny-319.305 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.305}

“Tamales” shall be prepared with at least 25 percent meat computed on the weight of the uncooked fresh meat in relation to all ingredients of the tamales. When tamales are packed in sauce or gravy, the name of the product shall include a prominent reference to the sauce or gravy; for example, “Tamales With Sauce” or “Tamales With Gravy”. Product labeled “Tamales With Sauce” or “Tamales With Gravy” shall contain not less than 20 percent meat, computed on the weight of the uncooked fresh meat in relation to the total ingredients making up the tamales and sauce or the tamales and gravy.

1 CRR-NY 319.306 Spaghetti with meat balls and sauce, spaghetti with meat and sauce, and similar products {#sec-1-crr-ny-319.306 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.306}

“Spaghetti and Meat Balls and Sauce” and “Spaghetti with Meat and Sauce”, and similar products shall contain not less than 12 percent of meat computed on the weight of the fresh meat. The presence of the sauce or gravy constituent shall be declared prominently on the label as part of the name of the product. Meat balls may be prepared with not more than 12 percent, singly and collectively, of farinaceous material, soy flour, soy protein concentrate, isolated soy protein, nonfat dry milk, calcium reduced dried skim milk, and similar substances.

1 CRR-NY 319.307 Spaghetti sauce with meat {#sec-1-crr-ny-319.307 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.307}

“Spaghetti Sauce with Meat” shall contain not less than six percent of meat computed on the weight of the fresh meat.

1 CRR-NY 319.308 Tripe with milk {#sec-1-crr-ny-319.308 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.308}

“Tripe with Milk” shall be prepared so that the finished canned article, exclusive of the cooked-out juices and milk, will contain at least 65 percent tripe. The product shall be prepared with not less than 10 percent milk.

1 CRR-NY 319.309 Beans with frankfurters in sauce, sauerkraut with wieners and juice, and similar products {#sec-1-crr-ny-319.309 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.309}

“Beans with Frankfurters in Sauce”, “Sauerkraut with Wieners and Juice”, and similar products shall contain not less than 20 percent frankfurters or wieners computed on the weight of the smoked and cooked sausage prior to its inclusion with the beans or sauerkraut.

1 CRR-NY 319.310 Lima beans with ham in sauce, beans with ham in sauce, beans with bacon in sauce, and similar products {#sec-1-crr-ny-319.310 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.310}

“Lima Beans with Ham in Sauce”, “Beans with Ham in Sauce”, “Beans with Bacon in Sauce”, and similar products shall contain not less than 12 percent ham or bacon computed on the weight of the smoked ham or bacon prior to its inclusion with the beams and sauce.

1 CRR-NY 319.311 Chow mein vegetables with meat and chop suey vegetables with meat {#sec-1-crr-ny-319.311 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.311}

“Chow Mein Vegetables with Meat” and “Chop Suey Vegetables with Meat” shall contain not less than 12 percent meat computed on the weight of the uncooked fresh meat prior to its inclusion with the other ingredients.

1 CRR-NY 319.312 Pork with barbecue sauce and beef with barbecue sauce {#sec-1-crr-ny-319.312 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.312}

“Pork with Barbecue Sauce” and “Beef with Barbecue Sauce” shall contain not less than 50 percent meat of the species specified on the label, computed on the weight of the cooked and trimmed meat. The weight of the cooked meat used in this calculation shall not exceed 70 percent of the uncooked weight of the meat. If uncooked meat is used in formulating the products, they shall contain at least 72 percent meat computed on the weight of the fresh uncooked meat. When cereal, vegetable flour, soy flour, soy protein concentrate, isolated soy protein, nonfat dry milk, calcium reduced dried skim milk, or similar substances are used in preparing products, there shall appear on the label in a prominent manner, the name of the product, the name of each such added ingredient, as for example “Cereal Added” or “With Cereal and Nonfat Dry Milk”.

1 CRR-NY 319.313 Beef with gravy and gravy with beef {#sec-1-crr-ny-319.313 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.313}

“Beef with Gravy” and “Gravy with Beef” shall not be made with beef which, in the aggregate for each lot contains more than 30 percent trimmable fat, that is, fat which can be removed by thorough, practicable trimming and sorting.

MEAT FOOD ENTREE PRODUCTS, PIES AND TURNOVERS MEAT FOOD ENTREE PRODUCTS, PIES AND TURNOVERS

1 CRR-NY 319.500 Meat pies {#sec-1-crr-ny-319.500 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.500}

Meat pies such as “Beef Pie”, “Veal Pie” and “Pork Pie” shall contain meat of the species specified on the label, in an amount not less than 25 percent of all ingredients including crust and shall be computed on the basis of the fresh uncooked meat.

MEAT SNACKS, HORS D'OEUVRES, PIZZA AND SPECIALTY ITEMS MEAT SNACKS, HORS D'OEUVRES, PIZZA AND SPECIALTY ITEMS

1 CRR-NY 319.600 Pizza {#sec-1-crr-ny-319.600 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.600}

(a) “Pizza with Meat” is a bread base meat food product with tomato sauce, cheese, and meat topping. It shall contain cooked meat from not less than 15 percent raw meat.

(b) “Pizza with Sausage” is a bread base meat food product with tomato sauce, cheese, and not less than 12 percent cooked sausage or 10 percent dry sausage; e.g., pepperoni.

FATS, OILS, SHORTENINGS FATS, OILS, SHORTENINGS

1 CRR-NY 319.700 Oleomargarine or margarine {#sec-1-crr-ny-319.700 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.700}

Agriculture and Markets Law, § 96-z-34

(a) Oleomargarine or margarine is the plastic food which is prepared in accordance with the provisions of paragraphs (1), (2), (3) and (4) of this subdivision. In this section the term “oleomargarine” is used to refer to such product whether it is sold as “oleomargarine” or margarine.

(1) It is prepared with one or more of the fat ingredients named in any one of the subparagraphs (i), (ii), (iii) and (iv) of this paragraph.

(i) The rendered fat or oil, or stearin derived therefrom (any or all of which may be hydrogenated), of cattle, sheep, swine, or goats, or any combination of two or more of such articles;

(ii) Any vegetable food fat or oil, or oil or stearin derived therefrom (any or all of which may be hydrogenated), or any combination of two or more of such articles;

(iii) Any combination of ingredients named under subparagraphs (i) and (ii) of this paragraph in such proportion that the weight of the ingredients named under subparagraph (i) of this paragraph either equals the weight of the ingredients named under subparagraph (ii) of this paragraph or exceeds such weight by a ratio not greater than nine to one;

(iv) Any combination of ingredients named under subparagraphs (i) and (ii) of this paragraph in such proportion that the weight of the ingredients named under subparagraph (ii) of this paragraph exceeds the weight of the ingredients named under subparagraph (i) of this paragraph by a ratio not greater than nine to one.

(2) One of the articles (or combinations) named under subparagraph (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), or (ix) of this paragraph is intimately mixed with the fat ingredient or ingredients. The ingredients named under subparagraphs (i), (ii), (iii), (iv), (v), (vi), and (vii) of this paragraph are pasturized and then may be subjected to the action of harmless bacterial starters. The term “milk” as used in this paragraph means “cow's milk”.

(i) Cream;

(ii) Milk;

(iii) Skim milk;

(iv) Liquid sweet cream buttermilk;

(v) Any combination of dry or condensed sweet cream buttermilk and water with a total solids content of not less than eight and one-half percent;

(vi) Any combination of nonfat dry milk and water in which the weight of the nonfat dry milk is not less than 10 percent of the weight of the water;

(vii) Any combination of two or more of the articles (or combination) named under subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of this paragraph;

(viii) In case only of the fat ingredient named in subparagraph (1)(ii) of this subdivision, any combination of finely ground soybeans and water, in which the weight of the finely ground soybeans is not less than 10 percent of the weight of the water. The finely ground soybeans are subjected to a heat treatment before or after mixing with the water. The soybeans may or may not be dehulled;

(ix) Water in lieu of any of the articles (or combinations) designated in subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) of this paragraph. Congealing is effected, either with or without contact with water, and the congealed mixture may be worked.

(3) It may contain one or more of the following optional ingredients in addition to the ingredients and articles named in paragraphs (1) and (2) of this subdivision.

(i) Artificial coloring. For the purpose of this subparagraph, pro-vitamin A shall be deemed to be artificial coloring;

(ii) Sodium benzoate, or benzoic acid, or a combination of these, in a quantity not to exceed 0.1 percent of the weight of the finished product;

(iii) Vitamin A (with or without any accompanying vitamin D and with or without vitamin D concentrate), in such quantity that the finished oleomargarine contains not less than 15,000 United States pharmacopeia units of vitamin A per pound, as determined by the method prescribed in the pharmacopeia of the United States for total biological vitamin A activity. The vitamin A potency prescribed may be furnished by fish liver oil; by concentrates of vitamin A or its fatty acid esters from animal sources; by synthetic vitamin A or its fatty acid esters; by mixtures of synthetic vitamin A or its fatty acid esters with harmless substances formed during the synthesis of the vitamin A, if the vitamin A or its fatty acid ester constitutes not less than 50 percent of the mixture; by pro-vitamin A; or by any combination of two or more of these. For the purposes of this subparagraph, the term “fatty acid” may include acetic acid;

(iv) Any safe and suitable artificial flavoring substance that imparts to the food a flavor in semblance of butter. Such artificial flavoring substances are deemed to be safe for use in oleomargarine which contains any fat ingredient named in subparagraph (1)(i) of this subdivision if they are not food additives as defined in section 201(s) of the Federal Food, Drug and Cosmetic Act, or if they are used in conformity with regulations established pursuant to section 409 of that act, and in either case if they have been approved for such use by the commissioner; and they are deemed to be safe for use in other oleomargarine if they are used in conformity with regulations established pursuant to section 409 of the Federal Food, Drug and Cosmetic Act or their use is otherwise lawful under that act;

(v) (a) Lecithin, in an amount not exceeding 0.5 percent of the weight of the finished oleomargarine; or

(b) Monoglycerides or diglycerides of fat-forming fatty acids, or a combination of these, in an amount not exceeding 0.5 percent of the weight of the finished oleomargarine; or

(c) Such monoglycerides and diglycerides in combination with the sodium sulfoacetate derivatives thereof in a total amount not exceeding 0.5 percent the weight of the finished oleomargarine; or

(d) A combination of the substances specified in (a) and (b) of this subparagraph in which the amount of neither exceeds that stated in (a) and (b); or

(e) A combination of the substances specified in (a) and (c) of this subparagraph a total amount not exceeding 0.5 percent of the weight of the finished oleomargarine. The weight of the diglycerides in each of the ingredients specified in (b), (c), (d) and (e) of this subparagraph is calculated at one-half actual weight;

(vi) Butter;

(vii) Salt;

(viii) Citric acid incorporated in the fat or oil ingredient used;

(ix) Isopropyl citrates incorporated in the fat or oil ingredient used, in an amount not to exceed 0.02 percent by weight of the finished oleomargarine;

(x) Stearyl citrate incorporated in the fat or oil ingredient in an amount not to exceed 0.15 percent by weight of the finished oleomargarine;

(xi) Potassium sorbate, in an amount not to exceed 0.1 percent by weight of the finished oleomargarine;

(xii) Calcium disodium EDTA (calcium disodium ethylenediaminetetraacetate) in an amount not to exceed 75 parts per million by weight of the finished oleomargarine.

(xiii) BHA (butylated hydroxyanisole) or BHT (butylated hydroxytoluene), or a combination of these, incorporated in any animal fat ingredient permitted by paragraph (1)(i) of this subdivision, in an amount not to exceed 0.02 percent by weight of such animal fat content.

(4) The finished oleomargarine contains not less than 80 percent fat, as determined by the method prescribed in the current “Official Methods of Analysis of the Association of Official Analytical Chemists”.

(b) The name of the food for which a definition and standard of identity are prescribed by this section is “oleomargarine” or “margarine”. The presence of ingredients, provided for in subdivision (a) of this section, in the finished product shall be declared as follows:

(1) Fat ingredients shall be declared first in the ingredient statement by the name of the specific fat or oil or stearin used. Where combinations of fat ingredients are used, the names shall be arranged in order of decreasing predominance. If any fat ingredient is hydrogenated, the ingredient statement shall include the word “hydrogenated” or “hardened” at such place or places in the list of fats as to indicate which fats are hydrogenated; for example, “corn oil, hardened soybean oil”. If any animal fat ingredient contains an ingredient provided for in subdivision (a)(3)(xiii) of this section, the statement “with ____ added as (a) preservative(s)” or “with ____ added to retard rancidity” shall appear at such place or places in the list of fats as to indicate which animal fats contain these ingredients. The blank is to be filled in with “BHA” and/or “BHT” as appropriate; for example, “beef fat with BHA and BHT added as preservatives”.

(2) Immediately following the listing of fat ingredients, other ingredients used shall be named in the descending order of predominance.

(i) The optional ingredients butter, salt, water, cream, milk, skim milk, sweet cream buttermilk, dried sweet cream buttermilk and water, condensed sweet cream buttermilk and water, nonfat dry milk and water, ground soybeans and water, lecithin, mono or diglycerides, and sodium sulfoacetate derivatives of mono or diglycerides shall each be declared by those terms;

(ii) Artificial colors shall be declared by the statement “Artificially colored” or “Artificial coloring added” or “With added artificial coloring”;

(iii) Artificial flavors shall be declared by the statement “Artificially flavored” or “Artificial flavoring added” or “With added artificial flavoring”;

(iv) Oleomargarine that contains the optional ingredients citric acid, isopropyl citrate, stearyl citrate, or calcium disodium EDTA shall be labeled by the statement “____ added as a preservative” or “____ added to protect flavor”. Oleomargarine that contains the optional ingredient sodium benzoate or benzoic acid shall be labeled by the statement “____ added as a preservative” or “____ as a preservative” or “With added ____ as a preservative”. Oleomargarine that contains the optional ingredient potassium sorbate shall be labeled by the statement “____ added as a preservative” or “____added to retard mold growth”. The blank in each of the statements in this subparagraph shall be filled in with the common name of the preservative ingredient used;

(v) Vitamin A shall be declared by the statement “Vitamin A added” or “With added Vitamin A”. Vitamin D shall be declared by the statement “Vitamin D added” or “With added Vitamin D”. Oleomargarine containing added vitamin A or vitamin D, or both, is subject to the regulations for foods for special dietary use promulgated under the provisions of section 403(j) of the Federal Food, Drug and Cosmetic Act;

(vi) Where two or more optional ingredients named in paragraph (a)(3) of this section are used, the words “Added” or “With Added” need appear only once, either at the beginning or end of the list of such ingredients declared.

(3) Whenever the name “oleomargarine” or “margarine” appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the words and statements prescribed in this section, showing the ingredients used, shall immediately and conspicuously precede or follow, or in part precede and in part follow, such name, without intervening written, printed, or other graphic matter.

(c) Colored oleomargarine or colored margarine which is packed for retail sale and contains any ingredient named in subparagraph (a)(1)(i) of this section must also comply with the requirements of section 317.8(b)(24) of this Article.

1 CRR-NY 319.701 Mixed fat shortening {#sec-1-crr-ny-319.701 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.701}

Shortening prepared with a mixture of meat fats and vegetable oils may be identified either as “Shortening Prepared with Meat Fats and Vegetable Oils” or “Shortening Prepared with Vegetable Oils and Meat Fats” depending on the predominance of the fats and oils used, or the product may be labeled “Shortening” when accompanied by an ingredient statement with ingredients listed in descending order of predominance.

1 CRR-NY 319.702 Lard, leaf lard {#sec-1-crr-ny-319.702 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.702}

“Lard” is the fat rendered from fresh, clean, sound fatty tissue from hogs with or without lard stearin or hydrogenated lard. The fatty tissues shall not include bones, detached skin, head skin, ears, tails, organs, windpipes, large blood vessels, scrap fat, skimmings, settlings, pressings, and similar materials, and the fatty tissues shall be reasonably free from muscle tissue and blood. “Leaf Lard” is lard prepared from fresh leaf fat.

1 CRR-NY 319.703 Rendered animal fat or mixture thereof {#sec-1-crr-ny-319.703 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.703}

(a) “Rendered Animal Fat”, or any mixture of fats containing edible rendered animal fat, shall contain no added water, except that “Puff Pastry Shortening” may contain not more than 10 percent of water.

(b) “Rendered Pork Fat” is fat, other than lard, rendered from clean, sound carcasses, parts of carcasses, or edible organs from hogs, except that stomachs, bones from the head, and bones from cured or cooked pork are not included. The tissues rendered are usually fresh, but may be cured, cooked, or otherwise prepared and may contain some meat food products. Rendered pork fat may be hardened by the use of lard stearin and/or hydrogenated lard and/or rendered pork fat stearin and/or hydrogenated rendered pork fat.

MEAT SOUPS, SOUP MIXES, BROTHS, STOCKS, EXTRACTS MEAT SOUPS, SOUP MIXES, BROTHS, STOCKS, EXTRACTS

1 CRR-NY 319.720 Meat extract {#sec-1-crr-ny-319.720 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.720}

Meat extract (e.g., “Beef Extract”) shall contain not more than 25 percent of moisture.

1 CRR-NY 319.721 Fluid extract of meat {#sec-1-crr-ny-319.721 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.721}

Fluid extract of meat (e.g., “Fluid Extract of Beef”) shall contain not more than 50 percent of moisture.

MEAT SALADS AND MEAT SPREADS MEAT SALADS AND MEAT SPREADS

1 CRR-NY 319.760 Deviled ham, deviled tongue and similar products {#sec-1-crr-ny-319.760 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.760}

(a) “Deviled Ham” is a semiplastic cured meat food product made from finely comminuted ham and containing condiments. Deviled ham may contain added ham fat: provided, that the total fat content shall not exceed 35 percent of the finished product. The moisture content of deviled ham shall not exceed that of the fresh unprocessed meat.

(b) The moisture content of “Deviled Tongue” and similar products shall not exceed that of the fresh, unprocessed meat.

1 CRR-NY 319.761 Potted meat food product and deviled meat food product {#sec-1-crr-ny-319.761 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.761}

“Potted Meat Food Product” and “Deviled Meat Food Product” shall not contain cereal, vegetable flour, nonfat dry milk, or similar substances. The amount of water added to potted meat food product and deviled meat food product shall be limited to that necessary to replace moisture lost during processing.

1 CRR-NY 319.762 Ham spread, tongue spread, and similar products {#sec-1-crr-ny-319.762 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.762}

“Ham Spread”, “Tongue Spread” and similar products shall contain not less than 50 percent of the meat ingredient named, computed on the weight of the fresh meat. Other meat and fat may be used to give the desired spreading consistency provided it does not detract from the character of the spreads named.

MISCELLANEOUS MISCELLANEOUS

1 CRR-NY 319.880 Breaded products {#sec-1-crr-ny-319.880 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.880}

The amount of batter and breading used as a coating for breaded product shall not exceed 30 percent of the weight of the finished breaded product.

1 CRR-NY 319.881 Liver meat food products {#sec-1-crr-ny-319.881 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 319.881}

Meat food products characterized and labeled as liver products such as liver loaf, liver cheese, liver spread, liver mush, liver paste, and liver pudding shall contain not less than 30 percent of pork, beef, sheep, or goat livers computed on the fresh weight of the livers.

Part 320 RECORDS AND REPORTS

1 CRR-NY 320.1 Records required to be kept {#sec-1-crr-ny-320.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.1}

(a) Every person (including every firm or corporation) within any of the classes specified in paragraphs (1), (2) or (3) of this subdivision shall keep records which will fully and correctly disclose all transactions involved in his or its business subject to the law:

(1) any person that engages in the business of slaughtering any cattle, sheep, swine, goats, horses, mules or other equines, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food;

(2) any person that engages in the business of buying or selling (as a meat broker, wholesaler or otherwise), or transporting or storing any carcasses, or parts or products of carcasses, of any such animals; and

(3) any person operating a disposal plant or transportation service licensed pursuant to section 96-z-1 of the law.

(b) The required records are:

(1) Records, such as bills of sale, invoices, bills of lading, and receiving and shipping papers, giving the following information with respect to each transaction in which any livestock or carcass, part thereof, meat or meat food product is purchased, sold, shipped, received, transported, or otherwise handled by said person in connection with any business subject to the law:

(i) the name or description of the livestock or article;

(ii) the net weight of the livestock or article;

(iii) the number of outside containers (if any);

(iv) the name and address of the buyer of livestock or article sold by such person, and the name and address of the seller of livestock or articles purchased by such person;

(v) the name and address of the consignee or receiver (if other than the buyer);

(vi) the method of shipment;

(vii) the date of shipment; and

(viii) the name and address of the carrier.

(2) Shipper's certificates and permits required to be kept by shippers and carriers of articles under Part 325 of this Title.

(3) A record of seal numbers required to be kept by consignees of inedible products shipped under unofficial seals under section 325.11(c) or (f) of this Title, and a record of new consignees of inedible products diverted under section 325.11(f) of this Title.

1 CRR-NY 320.2 Place of maintenance of records {#sec-1-crr-ny-320.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.2}

Every person engaged in any business described in section 320.1 and required by this Part to keep records shall maintain such records at the place where such busainess is conducted except that if such person conducts such business at multiple locations, he may maintain such records at his headquarters' office. When not in actual use, all such records shall be kept in a safe place at the prescribed location in accordance with good commercial practices.

1 CRR-NY 320.3 Record retention period {#sec-1-crr-ny-320.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.3}

Every record required to be maintained under this Part shall be retained for a period of two years after December 31 of the year in which the transaction to which the record relates has occurred and for such further period as the commissioner may require for purposes of any investigation or litigation under the law, by written notice to the person required to keep such records under this Part.

1 CRR-NY 320.4 Access to and inspection of records, facilities, and inventory; copying and sampling {#sec-1-crr-ny-320.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.4}

Every person (including every firm or corporation) within any of the classes specified in 320.1 of this Part shall upon the presentation of official credentials by any department employee or other duly authorized representative of the commissioner, during ordinary business hours, permit such representative to enter his or its place of business and examine the records required to be kept by section 320.1 and the facilities and inventory pertaining to the business of such person subject to the law, and to copy all such records, and to take reasonable samples of the inventory. Any necessary facilities (other than reproduction equipment) for such examination and copying of records and for such examination and sampling of inventory shall be afforded to such department employee or other authorized representative of the commissioner.

1 CRR-NY 320.5 [Repealed] {#sec-1-crr-ny-320.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.5}

1 CRR-NY 320.6 [Repealed] {#sec-1-crr-ny-320.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.6}

1 CRR-NY 320.7 [Repealed] {#sec-1-crr-ny-320.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.7}

1 CRR-NY 320.11 to 320.15 to 320.15 [Repealed] {#sec-1-crr-ny-320.11-to-320.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.11 to 320.15}

1 CRR-NY 320.21 to 320.25 to 320.25 [Repealed] {#sec-1-crr-ny-320.21-to-320.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.21 to 320.25}

1 CRR-NY 320.28 [Repealed] {#sec-1-crr-ny-320.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.28}

1 CRR-NY 320.31 to 320.38 to 320.38 [Repealed] {#sec-1-crr-ny-320.31-to-320.38 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.31 to 320.38}

1 CRR-NY 320.41 to 320.43 to 320.43 [Repealed] {#sec-1-crr-ny-320.41-to-320.43 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.41 to 320.43}

1 CRR-NY 320.46 to 320.49 to 320.49 [Repealed] {#sec-1-crr-ny-320.46-to-320.49 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.46 to 320.49}

1 CRR-NY 320.50 [Repealed] {#sec-1-crr-ny-320.50 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.50}

1 CRR-NY 320.51 to 320.53 to 320.53 [Repealed] {#sec-1-crr-ny-320.51-to-320.53 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.51 to 320.53}

1 CRR-NY 320.61 to 320.65 to 320.65 [Repealed] {#sec-1-crr-ny-320.61-to-320.65 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.61 to 320.65}

1 CRR-NY 320.71 to 320.74 to 320.74 [Repealed] {#sec-1-crr-ny-320.71-to-320.74 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.71 to 320.74}

1 CRR-NY 320.79 to 320.92 to 320.92 [Repealed] {#sec-1-crr-ny-320.79-to-320.92 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.79 to 320.92}

1 CRR-NY 320.95 to 320.96 to 320.96 [Repealed] {#sec-1-crr-ny-320.95-to-320.96 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.95 to 320.96}

1 CRR-NY 320.98 [Repealed] {#sec-1-crr-ny-320.98 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.98}

1 CRR-NY 320.100 to 320.101 to 320.101 [Repealed] {#sec-1-crr-ny-320.100-to-320.101 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.100 to 320.101}

1 CRR-NY 320.104 to 320.105 to 320.105 [Repealed] {#sec-1-crr-ny-320.104-to-320.105 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.104 to 320.105}

1 CRR-NY 320.107 [Repealed] {#sec-1-crr-ny-320.107 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.107}

1 CRR-NY 320.110 [Repealed] {#sec-1-crr-ny-320.110 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.110}

1 CRR-NY 320.113 to 320.115 to 320.115 [Repealed] {#sec-1-crr-ny-320.113-to-320.115 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.113 to 320.115}

1 CRR-NY 320.125 to 320.134 to 320.134 [Repealed] {#sec-1-crr-ny-320.125-to-320.134 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.125 to 320.134}

1 CRR-NY 320.136 to 320.145 to 320.145 [Repealed] {#sec-1-crr-ny-320.136-to-320.145 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.136 to 320.145}

1 CRR-NY 320.147 to 320.148 to 320.148 [Repealed] {#sec-1-crr-ny-320.147-to-320.148 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.147 to 320.148}

1 CRR-NY 320.151 to 320.153 to 320.153 [Repealed] {#sec-1-crr-ny-320.151-to-320.153 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.151 to 320.153}

1 CRR-NY 320.156 [Repealed] {#sec-1-crr-ny-320.156 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.156}

1 CRR-NY 320.164 to 320.169 to 320.169 [Repealed] {#sec-1-crr-ny-320.164-to-320.169 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.164 to 320.169}

1 CRR-NY 320.170 [Repealed] {#sec-1-crr-ny-320.170 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.170}

1 CRR-NY 320.171 to 320.172 to 320.172 [Repealed] {#sec-1-crr-ny-320.171-to-320.172 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.171 to 320.172}

1 CRR-NY 320.173 [Repealed] {#sec-1-crr-ny-320.173 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.173}

1 CRR-NY 320.200 to 320.201 to 320.201 [Repealed] {#sec-1-crr-ny-320.200-to-320.201 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.200 to 320.201}

1 CRR-NY 320.203 to 320.208 to 320.208 [Repealed] {#sec-1-crr-ny-320.203-to-320.208 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.203 to 320.208}

1 CRR-NY 320.313 [Repealed] {#sec-1-crr-ny-320.313 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.313}

1 CRR-NY 320.400 to 320.401 to 320.401 [Repealed] {#sec-1-crr-ny-320.400-to-320.401 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 320.400 to 320.401}

Part 325 TRANSPORTATION

1 CRR-NY 325.1 [Repealed] {#sec-1-crr-ny-325.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 325.1}

1 CRR-NY 325.2 [Repealed] {#sec-1-crr-ny-325.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 325.2}

1 CRR-NY 325.3 to 325.4 to 325.4 [Repealed] {#sec-1-crr-ny-325.3-to-325.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 325.3 to 325.4}

1 CRR-NY 325.5 to 325.7 to 325.7 [Repealed] {#sec-1-crr-ny-325.5-to-325.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 325.5 to 325.7}

1 CRR-NY 325.8 [Repealed] {#sec-1-crr-ny-325.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 325.8}

1 CRR-NY 325.10 [Repealed] {#sec-1-crr-ny-325.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 325.10}

1 CRR-NY 325.11 [Repealed] {#sec-1-crr-ny-325.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 325.11}

1 CRR-NY 325.13 Denaturing procedures {#sec-1-crr-ny-325.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 325.13}

(a) Carcasses, parts thereof, meat and meat food products (other than rendered animal fats) that have been treated in accordance with the provisions of this subdivision shall be considered denatured for the purposes of the regulations in this Part, except as otherwise provided in Part 314 of this Title for articles condemned at official establishments.

(1) The following agents are prescribed for denaturing carcasses, parts thereof, meat or meat food products which are affected with any condition that would result in their condemnation and disposal under Part 314 of this Title if they were at an official establishment: crude carbolic acid; cresylic disinfectant, a formula consisting of one part FD&C green no. 3 coloring, 40 parts water, 40 parts liquid detergent and 40 parts oil of citronella, or other proprietary substance approved by the commissioner in specific cases.

(2) Except as provided in paragraph (3), (4) and (5) of this subdivision, the following agents are prescribed for denaturing other carcasses, parts thereof, meat and meat food products, for which denaturing is required by this Part: FD&C green no. 3 coloring; FD&C blue no. 1 coloring; FD&C blue no. 2 coloring; FD&C violet no. 1 coloring; finely powdered charcoal; or other proprietary substance approved by the commissioner in specific cases.

(3) Tripe may be denatured by dipping it in a six percent solution of tannic acid for one minute followed by immersion in a water bath, then immersing it for one minute in a solution of.022 percent FD&C yellow no. 5 coloring;

(4) Meat may be denatured by dipping it in a solution of.0625 percent tannic acid, followed by immersion in a water bath, then dipping it in a solution of.0625 percent ferric acid; and

(5) When meat, meat by-products, or meat food products are in ground form, four percent weight of coarsely ground hard bone, which shall be in pieces no smaller than the opening size specified for no. 5 mesh in the standards issued by the United States Bureau of Standards or six percent by weight of coarsely ground hard bone, which shall be in pieces no smaller than the opening size specified for no. 8 mesh in said standards, uniformly incorporated with the product may be used in lieu of the agents prescribed in paragraph (2) of this subdivision.

(6) Before the denaturing agents are applied to articles in pieces more than four inches in any dimension, the pieces shall be freely slashed or sectioned. (If the articles are in pieces not more than four inches in any dimension, slashing or sectioning will not be necessary). The application of any of the denaturing agents listed in paragraph (1) or (2) of this subdivision to the outer surface of molds or blocks of boneless meat, meat by-products, or meat food products shall not be adequate. The denaturing agent must be mixed intimately with all of the material to be denatured, and must be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. A sufficient amount of the appropriate agent shall be used to give the material a distinctive color, odor, or taste so that such material cannot be confused with an article of human food.

(b) Inedible rendered animal fats shall be denatured by thoroughly mixing therein denaturing oil, no. 2 fuel oil, brucine dissolved in a mixture of alcohol and pine oil or oil of rosemary, finely powdered charcoal, or any proprietary denaturing agent approved for the purpose by the commissioner in specific cases. The charcoal shall be used in no less quantity than 100 parts per million and shall be of such character that it will remain suspended indefinitely in the liquid fat. Sufficient of the chosen identifying agents shall be used to give the rendered fat so distinctive a color, odor, or taste that it cannot be confused with an article of human food.

1 CRR-NY 325.14 [Repealed] {#sec-1-crr-ny-325.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 325.14}

1 CRR-NY 325.16 to 325.19 to 325.19 [Repealed] {#sec-1-crr-ny-325.16-to-325.19 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 325.16 to 325.19}

Article 2 DRESSED POULTRY

Part 340 POULTRY AND POULTRY PRODUCTS

1 CRR-NY 340.1 False or deceptive terms or devices; and other labeling requirements {#sec-1-crr-ny-340.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.1}

(a) No product, and no container thereof, shall be labeled with any false or deceptive name but established trade names which are usual to such articles and are not false or deceptive and which have been approved by the commissioner may be used.

(b) No statement, word, picture, design, or device, which is false or misleading in any particular or conveys any false impression or gives any false indication of origin, identity, or quality, shall appear on any label. For example:

(1) Official grade designations such as the letter grades A, B, and C may be used in labeling individual carcasses of poultry and consumer packages of poultry and poultry products only if such poultry has been graded by a licensed grader of the Federal or Federal-State poultry grading service.

(2) Terms having geographical significance with reference to a particular locality may be used only when the product was produced in that locality.

(3) Terms, such as “baby”, may be used to indicate immaturity of poultry which is marketed earlier than the usual marketing age: provided, that such terms are printed in a style and size of type no larger than is used to indicate the name of the product.

(c) Poultry products which have been treated with compounds to retard spoilage shall be labeled to indicate such treatment.

(d) The terminology specified in paragraphs (1) through (10) of this subdivision are applicable to parts of poultry cut in the manner described therein.

(1) Breasts shall be separated from the back at the shoulder joint and by a cut running backward and downward from that point along the junction of the vertebral and sternal ribs. The ribs may be removed from the breasts, and the breasts may be cut along the breast bone to make two approximately equal halves; or the wishbone portion, as described in paragraph (3) of this subdivision, may be removed before cutting the remainder along the breast bone to make three parts. Pieces cut in this manner may be substituted for lighter or heavier pieces for exact weight-making purposes and the package may contain two or more of such parts without affecting the appropriateness of the labeling as “chicken breasts”. Neck skin shall not be included with the breasts.

(2) Breasts with ribs shall be separated from the back at the junction of the vertebral ribs and back. Breasts with ribs may be cut along the breast bone to make two approximately equal halves; or the wishbone portion, as described in paragraph (3) of this subdivision, may be removed before cutting the remainder along the breast bone to make three parts. Pieces cut in this manner may be substituted for lighter or heavier pieces for exact weight-making purposes and the package may contain two or more of such parts without affecting the appropriateness of the labeling as “breasts with ribs”. Neck skin shall not be included.

(3) Wishbones (pulley bones), with covering muscle and skin tissue, shall be severed from the breast approximately halfway between the end of the wishbone (hypocledium) and front point of the breast bone (cranial process of the sternal crest) to a point where the wishbone joins the shoulder. Neck skin shall not be included with the wishbone.

(4) Drumsticks shall be separated from the thigh by a cut through the knee joint (femorotibial and patellar joint) and from the hock joint (tarsal joint).

(5) Thighs shall be disjointed at the hip joint and may include the pelvic meat, but shall not include the pelvic bones. Back skin shall not be included.

(6) Legs shall include the whole leg, i.e., the thigh and the drumstick, whether jointed or disjointed. Back skin shall not be included.

(7) Wings shall include the entire wing with all muscle and skin tissue intact, except that the wing tip may be removed.

(8) Backs shall include the pelvic bones and all the vertebrae posterior to the shoulder joint. The meat shall not be peeled from the pelvic bones. The vertebral ribs and/or scapula may be removed or included without affecting the appropriateness of the title. Skin shall be substantially intact.

(9) Stripped backs shall include the vertebrae from the shoulder joint to the tail, and include the pelvic bones. The meat may be stripped off of the pelvic bones.

(10) Necks, with or without neck skin, shall be separated from the carcass at the shoulder joint.

(11) Parts of poultry may be cut in any manner the processor desires as long as the labeling appropriately reflects the contents of the container of such poultry.

(e) The name of the product required to be shown on labels for fresh or frozen raw whole carcasses of poultry shall be in either of the following forms: The name of the kind (such as chicken, turkey, or duck) preceded by the qualifying term “young” or “mature” or “old”, whichever is appropriate; or the appropriate class name as described in subdivision (f) of this section. The name of the kind may be used in addition to the class name, but the name of the kind alone without the qualifying age or class term is not acceptable as the name of the product. The class name may be appropriately modified by changing the word form such as using the term “roasting chicken”, rather than “roaster”. The name “chicken” may be used without qualification with respect to a ready-to-cook pack of fresh or frozen cut-up young chickens, or a half of a young chicken, and the name “duckling” may be used without qualification with respect to a ready-to-cook pack of fresh or frozen young ducks. The appropriate names for cut-up parts are set forth in subdivision (d) of this section. When naming parts cut from young poultry, the identity of both the kind of poultry and the name of the part shall be included in the product name. The product name for parts or portions cut from mature poultry shall include, along with the part or portion name, the class name or the qualifying term “mature”. The name of the product for cooked or heat processed poultry products shall include the kind name of the poultry from which the product was prepared.

(f) The appropriate class names for the various kinds of poultry are as follows:

(1) Chickens.

(i) Rock Cornish game hen or Cornish game hen. A Rock Cornish game hen or Cornish game hen is a young immature chicken (usually five to six weeks of age) weighing not more than two pounds ready-to-cook weight, which was prepared from a Cornish chicken or the progeny of a Cornish chicken crossed with another breed of chicken.

(ii) Broiler or fryer. A broiler or fryer is a young chicken (usually nine to 12 weeks of age), of either sex, that is tender-meated with soft, pliable, smooth-textured skin and flexible breastbone cartilage.

(iii) Roaster. A roaster is a young chicken (usually three to five months of age), of either sex, that is tender-meated with soft, pliable, smooth-textured skin and breastbone cartilage that may be somewhat less flexible than that of a broiler or fryer.

(iv) Capon. A capon is a surgically unsexed male chicken (usually under eight months of age) that is tender-meated with soft, pliable, smooth-textured skin.

(v) [Reserved]

(vi) Stag. A stag is a male chicken (usually under 10 months of age) with coarse skin, somewhat toughened and darkened flesh, and considerable hardening of the breastbone cartilage. Stags show a condition of fleshing and a degree of maturity intermediate between that of a roaster and a cock or old rooster.

(vii) Hen or stewing chicken or fowl. A hen or stewing chicken or fowl is a mature female chicken (usually more than 10 months of age) with meat less tender than that of a roaster, and non-flexible breastbone tip.

(viii) Cock or rooster. A cock or rooster is a mature male chicken with coarse skin, toughened and darkened meat; and hardened breastbone tip.

(2) Turkeys.

(i) Fryer-roaster turkey. A fryer-roaster turkey is a young immature turkey (usually under 16 weeks of age), of either sex, that is tender-meated with soft, pliable, smooth-textured skin, and flexible breastbone cartilage.

(ii) Young hen turkey. A young hen turkey is a young female turkey (usually five to seven months of age) that is tender-meated with soft, pliable, smooth-textured skin, and breastbone cartilage that is somewhat less flexible than in a fryer-roaster turkey.

(iii) Young tom turkey. A young tom turkey is a young male turkey (usually five to seven months of age), that is tender-meated with soft, pliable, smooth-textured skin, and breastbone cartilage that is somewhat less flexible than in a fryer-roaster turkey.

(iv) Yearling hen turkey. A yearling hen turkey is a fully matured female turkey (usually under 15 months of age), that is reasonably tender-meated and with reasonably smooth-textured skin.

(v) Yearling tom turkey. A yearling tom turkey is a fully matured male turkey (usually under 15 months of age), that is reasonably tender-meated and with reasonably smooth-textured skin.

(vi) Mature turkey or old turkey (hen or tom). A mature or old turkey is an old turkey of either sex (usually in excess of 15 months of age) with coarse skin and toughened flesh.

(3) Ducks.

(i) Broiler ducking or fryer duckling. A broiler duckling or fryer duckling is a young duck (usually under eight weeks of age), of either sex, that is tender-meated and has a soft bill and soft windpipe.

(ii) Roaster duckling. A roaster duckling is a young duck (usually under 16 weeks of age), of either sex, that is tender-meated and has a bill that is not completely hardened and a windpipe that is easily dented.

(iii) Mature duck or old duck. A mature duck or an old duck is a duck (usually over six months of age), of either sex, with toughened flesh, hardened bill, and hardened windpipe.

(4) Geese.

(i) Young goose. A young goose may be of either sex, is tender-meated, and has a windpipe that is easily dented.

(ii) Mature goose or old goose. A mature goose or old goose may be of either sex and has toughened flesh and hardened windpipe.

(5) Guineas.

(i) Young guinea. A young guinea may be of either sex, is tender-meated, and has a flexible breastbone cartilage.

(ii) Mature guinea or old guinea. A mature guinea or an old guinea may be of either sex, has toughened flesh, and a hardened breastbone.

(g) Boneless poultry products shall be labeled in a manner that accurately describes their actual form and composition. The product name shall specify the form of the product (e.g., emulsified, finely chopped, etc.), and the kind name of the poultry, and if the product does not consist of natural proportions of meat, skin, and fat, as they occur in the whole carcass, shall also include terminology that describes the actual composition. If the product is cooked, it shall be so labeled. Boneless poultry product shall not have a bone content of more than one percent, on a raw weight basis. For the purpose of this Part, natural proportions of skin, as found on a whole carcass, will be considered to be as follows:

| | Raw | Cooked | | --- | --- | --- | | | Percent | | | Chicken | 20 | 25 | | Turkey | 15 | 20 |

1 CRR-NY 340.2 Product specifications for labeling purposes {#sec-1-crr-ny-340.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.2}

(a) Authorization to establish specifications.

The commissioner is authorized to establish specifications covering the principal constituents of any poultry food product with respect to which a specified name of the product or other labeling terminology may be used, whenever such action is necessary to prevent sale of the product under a false or deceptive name or other false or misleading labeling. The requirements of this section are hereby found to be necessary for this purpose.

(b) Labeling terminology for light and dark chicken or turkey meat.

Product containing light and dark chicken or turkey meat in quantities other than natural proportions, as indicated in table I, must have a qualifying statement in close conjunction with the name of the product indicating, as shown in table I of this subdivision, the types of meat actually used, except that when the product contains less than 10 percent cooked deboned poultry meat or is processed in a manner that the character of the light and dark meat is not distinguishable, the qualifying statement will not be required. The qualifying statement must be in type at least one-half the size and of equal boldness as the name of the product; e.g., boned turkey (dark meat). If a product contains light and dark meat in natural proportions and bears a label referring to light or dark meat content, the label shall include a qualifying statement in accordance with this subdivision.

TABLE I

| Terminology | Percent light meat | Percent dark meat | | --- | --- | --- | | Natural proportions | 50–65 | 50–35 | | Light or white meat | 100 | 0 | | Dark meat | 0 | 100 | | Light and dark meat | 51–65 | 49–35 | | Dark and light meat | 35–49 | 65–51 | | Mostly white meat | 66 or more | 34 or less | | Mostly dark meat | 34 or less | 66 or more |

(c) Poultry meat content of poultry food products.

(1) General.

(i) Where cooked poultry meat is specified in this section as an ingredient of poultry food products, this means poultry meat derived from poultry processed, cooked and cooled in a manner approved by the commissioner without use of liquid or moisture in direct contact with the poultry meat following the cooking and cooling of the poultry.

(ii) If, following cooking and cooling of poultry meat to be used in poultry food products, liquid or moisture is used in direct contact with such poultry meat and the percentage of solids, excluding salt, in the poultry meat is found to be below 34 percent when such poultry meat is tested by approved methods, the percentage of poultry meat required by this section for any poultry food product shall be increased in proportion to the deficiency, or the meat shall be so processed as to raise the solids content, excluding salt, to 34 percent. The official plant shall furnish adequate facilities for such testing.

(2) Canned boned poultry.

(i) Canned boned poultry shall, unless otherwise specified in this paragraph, be prepared from cooked deboned poultry meat and may contain skin and fat not in excess of natural proportions. Gelatin, stabilizers or similar solidifying or emulsifying agents shall not be added to product labeled “Boned (Kind)—Solid Pack”, but may be added in quantities not in excess of a total of 0.5 percent of the total ingredients in the preparation of other canned boned poultry products and in such case the common name of the substance added shall be included in the name of the product, e.g., “Boned Chicken with Broth—Gelatin Added”.

(ii) Canned boned poultry, except poultry within subparagraph (iv) of this paragraph, shall meet the requirements set forth in table II of this paragraph. The percentages in table II shall be calculated on the basis of the total ingredients used in the preparation of the product.

(iii) Canned shredded poultry (shredded) (kind), consists of poultry meat reduced to a shredded appearance, from the kind of poultry indicated, with meat, skin, and fat not in excess of the natural whole carcass proportions. Canned shredded poultry from specific parts may include skin or fat in excess of the proportions normally found on a whole carcass, but not in excess of the proportions of skin and fat normal to the particular part or parts; and such product shall be labeled in accordance with section 320.131(g) of this Title. Product within this subparagraph shall be prepared as set forth in table II, items 1, 2, 3, or 4, whichever is applicable.

(iv) Canned boned poultry with natural juices (boned [kind] with natural juices) shall be prepared from either raw boned poultry meat or a mixture of raw boned poultry meat and cooked boned poultry meat, and shall have no liquid added during the preparation of the product.

TABLE II

| Product name | Minimum percent cooked deboned poultry meat of kind indicated, with skin, fat, and seasoning | Maximum percent liquid that may be added1 | | --- | --- | --- | | 1. Boned (Kind)—Solid Pack | 95 | 5 | | 2. Boned (Kind) | 90 | 10 | | 3. Boned (Kind) with Broth2 | 80 | 20 | | 4. Boned (Kind) with percent Broth2,3 | 50 | 50 | | 5. Strained or Chopped (Kind) with Broth2,4 | 43 | 57 | | | | |

1 Liquid may be in the form of, but is not limited to, broth or extractives.

2 Alternatively, product may be prepared from raw boned poultry meat in combination with cooked boned poutlry meat so long as the product complies with the specified standard.

3 Total amount of liquid added shall be included in the name of the product; e.g., "Boned Chicken with 25 percent Broth".

4 Label must indicate in some manner that product is for infant or geriatric servings.

(3) Poultry dinners (frozen) and pies.

Poultry dinners (frozen) and pies shall meet the requirements set forth in table III of this paragraph and the percentage or weight shall be calculated on the basis of total ingredients used in the preparation of the products.

TABLE III

| Product name | Minimum cooked deboned poultry meat of kind indicated | | Minimum raw deboned poultry meat of kind indicated | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | | Percent | | Weight | | Percent | | Weight | | (Kind) Pies | 14 | or | 1 ⅛ oz. per | or | 25 | or | 2 oz. per | | | | | 8 oz. pie | | | | 8 oz. pie | | (Kind) Dinners | 181, 2 | | 22 oz. | | — | | — | | | | | | | | | |

1 Excluding weight of appetizers, desserts, etc.

2 18 percent or two ounces, whichever is greater. A minimum of 45 percent, or five ounces per dinner, whichever is greater, of cooked poultry including bone and breading may be used in lieu of minimum 18 percent or two ounces of cooked deboned poultry meat and the cooked poultry including bone and breading shall not contain more than 30 percent breading.

(4) Poultry rolls.

(i) Binding agents, including but not limited to gelatin and wheat gluten, may be added in quantities not in excess of a total of three percent for cooked rolls and two percent for raw rolls, based on the total ingredients used in the preparation of the product, without affecting the name of the product. However, when such agents are added in excess of three percent or two percent, whichever is applicable, the common name of the agent or the term “Binders Added” shall be included in the name of the product; e.g., “Turkey Roll—Gelatin Added”.

(ii) With respect to heat processed rolls, two percent or less liquid based on the weight of the finished product without liquid may remain with or be returned to product labeled as “(Kind) Roll”.

(iii) Heat processed rolls which have more than two percent liquid remaining with or returned to the product shall be labeled as “(Kind) Roll with Natural Juices”. If more than two percent of any liquid other than natural cookout juices is added, the product must be labeled to indicate that fact; e.g., “Turkey Roll with Broth”. Liquid shall not be returned or added to product within this subparagraph in excess of the amount normally cooked out during preparation.

(5) (Kind)—burgers.

Such product shall consist of 100 percent poultry meat of the kind indicated, with skin and fat not in excess of natural proportions. Product containing fillers or binders shall be named “(Kind) Patties”.

(6) Other poultry dishes and specialty items.

(i) Poultry dishes and specialty items listed in table IV of this paragraph shall meet the requirements set forth in said table, irrespective of the type of packaging, and the percentages in table IV shall be calculated on a ready-to-serve basis, except that soup bases in institutional packs which are prepared for sale to institutional users shall have a minimum of 15 percent cooked deboned poultry meat based on the weight of the soup base product. Products similar to those listed in table IV, but having less than the specified minimum poultry meat content, may use the “Kind” name in the product name, provided it is appropriately qualified to distinguish such products from those containing the specified minimum meat content.

(ii) Products of the types specified in sections 340.208(a) and (b) will be deemed to have false, deceptive or misleading labeling if they us the “Kind” name of the poultry (chicken, turkey, etc.) in the product name without appropriate qualification. For example, a consumer packaged noodle soup product containing less than 2 percent chicken meat on a ready-to-serve basis may not be labeled as “Chicken Noodle Soup” but, when appropriate, could be labeled as “Chicken Flavored Noodle Soup”.

TABLE IV

| Product name1 | Minimum percent cooked deboned poultry meat of kind indicated | Minimum percent cooked poultry of kind indicated, including bone | | --- | --- | --- | | (Kind) Ravioli | 2 | — | | (Kind) Soup | 2 | — | | Chop Suey with (Kind) | 2 | — | | (Kind) Chop Suey | 4 | — | | (Kind) Chow Mein without noodles | 4 | — | | (Kind) Tamales | 6 | — | | Noodles or Dumplings with (Kind)2 | 6 | — | | (Kind) Stew | 12 | — | | (Kind) Fricassee of Wings | — | 40 | | (Kind) Noodles or Dumplings2 | 15 | 30 | | Creamed (Kind) | 20 | — | | (Kind) Cacciatore | 20 | 40 | | (Kind) Fricassee | 20 | 40 | | (Kind) A-La-King | 20 | — | | Sliced (Kind) with Gravy | 35 | — | | Minced (Kind) Barbecue | 40 | — |

The product name may contain other appropriate descriptive terms such as "noodle"; e.g., "Chicken Noodle Soup".

Product also includes rice or similar starches.

(7) Ready-to-cook poultry products to which solutions are added.

(i) Butter alone, or solutions of poultry broth, poultry stock, water, or edible fats, or mixtures thereof, in which are included functional substances such as spices, flavor enhancers, emulsifiers, phosphates, coloring materials, or other substances, approved by the commissioner in specific cases, may be introduced by injection into the thick muscles (breast and legs) of ready-to-cook poultry carcasses and may be introduced by injection or marinating into any separate part therefrom and into poultry roasts including chunked and formed products (but not poultry rolls) for the purpose of providing a basting medium or similar function. The ingredients of the added materials and the manner of addition to the products must be found acceptable by the commissioner, in all cases. The introduction of the added materials shall increase the weight of the processed product by approximately three percent over the weight of the raw product after washing and chilling in compliance with section 340.50. The provisions of subdivision (b) of this section specifying light and dark meat percentages required for certain poultry products shall be construed to permit products under this paragraph to contain approximately three percent of the added materials as provided in this paragraph under conditions outlined in subparagraph (iii) of this paragraph; and the weight of the added materials introduced into the poultry products as provided in this paragraph shall be included as part of the weight of the poultry for purposes of the net weight labeling provisions in section 340.130(a)(3).

(ii) A raw poultry product, into which the added materials of the type described in subparagraph (i) of this paragraph are introduced, must be labeled with a conspicuous, legible, and descriptive name, including terms that describe the method of addition and function of the added material. All major terms in the product name must be printed with the same prominence, except that the words which concisely describe the function of the added materials (such as “Injected for Flavored Basting”) may be more prominent provided this does not detract from the conspicuousness of the other terms in the product name (such as “Young Turkey”). The label must bear a statement, in bold type, immediately below and adjacent to the product name, listing the common or usual names of the added materials in descending order of predominance. The first part of this statement must consist of terms adequate to inform consumers about the amount and manner of introduction of the solution (such as “Injected with approximately three percent of a solution of __”), and must be printed at least one-fourth the size of the most prominent letter in the product name with a minimum size of one-fourth inch for a ready-to-cook turkey and proportionately smaller for other poultry products. The remainder of the solution ingredients shall be declared in type at least one-eighth inch in height. The entire statement must be printed in a color that contrasts with the background and be displayed on the principal display panel.

(iii) Approval for use of a label for product under this paragraph depends upon the ability of the processor to control the finished product so that the average percent of basting material in each outgoing lot varies no more than 10 percent from the three percent requirement. Therefore, lots averaging 2.7 percent to 3.3 percent of basting material when tested by an approved plant control procedure would be in compliance. As used in this subparagraph, “a lot” may be any reasonable portion of production designated by the official plant, or a maximum of an entire shift's production from one production line. The control procedures to be eligible for approval by the commissioner must:

(a) Assure compliance with all labeling requirements.

(b) Control the variability of the three percent added approved solution within the limits defined above.

(c) Provide for the disposition in accordance with the regulations in this Part of all products not in compliance with this Part, unless they are reprocessed to bring them into such compliance.

(d) Incorporate a system of raw weight identification of a sufficient number of poultry and/or poultry parts to allow effective monitoring of the system by department inspectors and plant employees.

1 CRR-NY 340.3 Records of intrastate transactions {#sec-1-crr-ny-340.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.3}

Persons engaged in the business of processing, transporting, shipping, or receiving poultry slaughtered for human consumption or poultry products in commerce, or holding such products so received, shall maintain complete, accurate, and legible records of such transactions as hereinafter provided, and shall, upon the request of a duly authorized representative of the commissioner, permit him at reasonable times to have access to and to copy all such records.

(a) Forms of records.

Where a person maintains, subject to inspection, copies of bills of lading, shipping invoices, warehouse receipts, or similar documents which give the information required in this section additional records are not required to be kept by this section.

(b) Processors.

Processors shall keep copies of bills of sale, or the initial bills of lading or other shipping papers, which give the name or description of products sold, shipped, or received in commerce, net weight, number of shipping containers, name and address of the buyer (if known), name and address of the consignee or receiver (if different than the buyer), if known, address at the destination, method of shipment, and name of the carrier.

(c) Transportation agencies.

Transportation agencies shall maintain records showing the name or description of the products transported in commerce, weight (indicating net or gross), number of shipping containers, date of receipt, name and address of shipper, name and address of consignee, date of arrival at destination, and name of the person accepting products for consignee. When more than one transportation agency is used for any shipment, each such agency shall maintain such records, to the extent it is concerned.

(d) Public warehouse or storage companies.

Public warehouse or storage companies shall maintain records showing the name or description of products shipped or received in commerce, name and address of the owner, date of arrival, weight (indicating net or gross), number of shipping containers, name of carrier delivering products to the warehouse or storage point, name of carrier picking up products at warehouse or storage point for delivery, date of shipment, and name and address of consignee or receiver.

(e) Wholesalers, jobbers, or other distributors of poultry or poultry products for resale.

Persons such as wholesalers, jobbers, and other distributors receiving products which are intended for resale shall maintain records showing the name or description of the products shipped or received in commerce, name and address of the seller of the products, date of receipt, net weight, number of shipping containers, and name of the carrier.

(f) Retailers.

Retailers receiving products directly in commerce shall maintain records showing the name or description of such products, the name and address of the seller of the products, the date of receipt, net weight or number of head, and the number of shipping containers in the shipment.

(g) Record retention period.

Any record required to be maintained by this section shall be maintained for a period of two years after the transaction, which is the subject of such record, has taken place.

1 CRR-NY 340.4 to 340.7 to 340.7 [Repealed] {#sec-1-crr-ny-340.4-to-340.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.4 to 340.7}

1 CRR-NY 340.11 to 340.15 to 340.15 [Repealed] {#sec-1-crr-ny-340.11-to-340.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.11 to 340.15}

1 CRR-NY 340.21 to 340.25 to 340.25 [Repealed] {#sec-1-crr-ny-340.21-to-340.25 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.21 to 340.25}

1 CRR-NY 340.28 [Repealed] {#sec-1-crr-ny-340.28 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.28}

1 CRR-NY 340.31 to 340.38 to 340.38 [Repealed] {#sec-1-crr-ny-340.31-to-340.38 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.31 to 340.38}

1 CRR-NY 340.41 to 340.43 to 340.43 [Repealed] {#sec-1-crr-ny-340.41-to-340.43 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.41 to 340.43}

1 CRR-NY 340.46 to 340.53 to 340.53 [Repealed] {#sec-1-crr-ny-340.46-to-340.53 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.46 to 340.53}

1 CRR-NY 340.61 to 340.65 to 340.65 [Repealed] {#sec-1-crr-ny-340.61-to-340.65 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.61 to 340.65}

1 CRR-NY 340.71 to 340.74 to 340.74 [Repealed] {#sec-1-crr-ny-340.71-to-340.74 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.71 to 340.74}

1 CRR-NY 340.79 to 340.92 to 340.92 [Repealed] {#sec-1-crr-ny-340.79-to-340.92 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.79 to 340.92}

1 CRR-NY 340.95 to 340.96 to 340.96 [Repealed] {#sec-1-crr-ny-340.95-to-340.96 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.95 to 340.96}

1 CRR-NY 340.98 [Repealed] {#sec-1-crr-ny-340.98 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.98}

1 CRR-NY 340.100 to 340.101 to 340.101 [Repealed] {#sec-1-crr-ny-340.100-to-340.101 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.100 to 340.101}

1 CRR-NY 340.104 to 340.105 to 340.105 [Repealed] {#sec-1-crr-ny-340.104-to-340.105 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.104 to 340.105}

1 CRR-NY 340.107 [Repealed] {#sec-1-crr-ny-340.107 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.107}

1 CRR-NY 340.110 [Repealed] {#sec-1-crr-ny-340.110 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.110}

1 CRR-NY 340.113 to 340.115 to 340.115 [Repealed] {#sec-1-crr-ny-340.113-to-340.115 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.113 to 340.115}

1 CRR-NY 340.125 to 340.130 to 340.130 [Repealed] {#sec-1-crr-ny-340.125-to-340.130 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.125 to 340.130}

1 CRR-NY 340.131 [Repealed] {#sec-1-crr-ny-340.131 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.131}

1 CRR-NY 340.132 to 340.133 to 340.133 [Repealed] {#sec-1-crr-ny-340.132-to-340.133 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.132 to 340.133}

1 CRR-NY 340.134 [Repealed] {#sec-1-crr-ny-340.134 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.134}

1 CRR-NY 340.136 to 340.145 to 340.145 [Repealed] {#sec-1-crr-ny-340.136-to-340.145 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.136 to 340.145}

1 CRR-NY 340.147 to 340.148 to 340.148 [Repealed] {#sec-1-crr-ny-340.147-to-340.148 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.147 to 340.148}

1 CRR-NY 340.151 [Repealed] {#sec-1-crr-ny-340.151 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.151}

1 CRR-NY 340.152 [Repealed] {#sec-1-crr-ny-340.152 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.152}

1 CRR-NY 340.153 [Repealed] {#sec-1-crr-ny-340.153 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.153}

1 CRR-NY 340.156 [Repealed] {#sec-1-crr-ny-340.156 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.156}

1 CRR-NY 340.164 to 340.169 to 340.169 [Repealed] {#sec-1-crr-ny-340.164-to-340.169 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.164 to 340.169}

1 CRR-NY 340.170 [Repealed] {#sec-1-crr-ny-340.170 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.170}

1 CRR-NY 340.171 to 340.172 to 340.172 [Repealed] {#sec-1-crr-ny-340.171-to-340.172 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.171 to 340.172}

1 CRR-NY 340.173 [Repealed] {#sec-1-crr-ny-340.173 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.173}

1 CRR-NY 340.200 to 340.201 to 340.201 [Repealed] {#sec-1-crr-ny-340.200-to-340.201 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.200 to 340.201}

1 CRR-NY 340.203 to 340.208 to 340.208 [Repealed] {#sec-1-crr-ny-340.203-to-340.208 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.203 to 340.208}

1 CRR-NY 340.313 [Repealed] {#sec-1-crr-ny-340.313 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.313}

1 CRR-NY 340.400 to 340.401 to 340.401 [Repealed] {#sec-1-crr-ny-340.400-to-340.401 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 340.400 to 340.401}

Subchapter I UNIT PRICING

Part 345 UNIT PRICING

1 CRR-NY 345.1 Purpose {#sec-1-crr-ny-345.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 345.1}

(a) The purpose of this Part is to effectuate the provisions of Agriculture and Markets Law, section 214-h, which relates to providing consumers with information needed to effectively compare retail product prices by instituting unit pricing of certain consumer commodities.

1 CRR-NY 345.2 Means of disclosure of unit pricing information {#sec-1-crr-ny-345.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 345.2}

All consumer commodities required to be unit-priced shall have the unit price and total selling price disclosed to the consumer in the following manner:

(a) If the item is displayed upon a shelf and conspicuously visible to the consumer, by attaching a stamp, tag or label on the shelf edge directly beneath the item offered for sale. If such attachment is impossible, a stamp, tag or label may be placed directly adjacent to or on the consumer commodity to which it relates.

(b) If the item is conspicuously visible to the consumer but is not displayed upon a shelf, such as items offered for sale in aisle displays, baskets, portable racks, or bins, by:

(1) affixing the unit price and total selling price on the commodity itself; or

(2) by placing a sign or list at or near the point at which the item is offered or exposed for sale and in such a manner that the unit pricing information contained thereon is plainly visible from such point.

(c) If the item is refrigerated and conspicuously visible to the consumer, but not displayed upon a shelf, by:

(1) affixing the unit price and total selling price on the commodity itself;

(2) by placing a sign or list at or near the point at which the item is offered for sale and in such manner that the unit pricing information contained thereon is plainly visible from such point; or

(3) by attaching a stamp, tag or label to the refrigerated case or to a refrigerated case divider, as appropriate, directly behind and above the item offered for sale.

(d) If the item is refrigerated, conspicuously visible to the consumer, and displayed upon shelves, the provisions of subdivision (a) of this section shall govern.

(e) If the item is not conspicuously visible to the consumer, by placing a sign or list at the point of procurement and in such a manner that the unit pricing information contained thereon is plainly visible from such point, or by affixing the unit price and total selling price upon the commodity itself.

1 CRR-NY 345.3 Calculation and display of unit price {#sec-1-crr-ny-345.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 345.3}

(a) The unit price shall be expressed in terms of dollars or cents, as applicable. If the unit price is one dollar or over, it is to be rounded off and stated to the nearest full cent, provided that where the unit price is rounded off from.005 cent, it shall be stated to the next highest cent. If the unit price is less than one dollar, it is to be rounded off and stated to the nearest cent and expressed by “¢”, “cents” or “cnts.”

(b) All information required to appear on a stamp, tag, label, sign or list for purposes of disclosing the unit price of a consumer commodity shall be clear and conspicuous.

(c) If the unit pricing information is displayed on a stamp, tag or label as required by subdivision (a) of section 345.2 of this Part, or as permitted by paragraph (3) of subdivision (c) of such section, the stamp, tag or label shall contain the following information in the manner indicated:

(1) the total selling price in type no smaller than 3/8 of an inch in height;

(2) the unit price in type no smaller than 3/16 of an inch in height;

(3) the words “Unit Price” above or below the numerical price per measure;

(4) the unit of measure;

(5) the words “You Pay,” “Retail Price,” “Total Price,” “Item Price,” or other words of similar meaning as may be approved by the commissioner, above, below or adjacent to the total selling price of the consumer commodity displayed for sale;

(6) the identity of the consumer commodity to which the information on each stamp, tag or label relates, including the common name and brand name of the product and the quantity of the item;

(7) the information required by paragraphs (3), (4), (5) and (6) of this subdivision in type no smaller than 1/16 of an inch;

(8) the unit price, the unit of measure, the words "Unit Price," the total selling price and the words required by paragraph (5) of this subdivision printed in a color that contrasts conspicuously with the background color of the stamp, tag or label;

(9) the background of the stamp, tag or label upon which the unit price and the unit of measure are placed, in a color which contrasts conspicuously with the background color upon which the total selling price of the item is placed.

(d) If the unit price and total selling price information is disclosed by means of a sign or list permitted by paragraphs (b)(2), (c)(2) and (e) of section 345.2 of this Part, all the information required to be contained on a stamp, tag or label pursuant to subdivision (c) of this section shall be included on such sign or list. Such sign or list shall be located near the point at which the item is displayed for sale, and may reflect the unit pricing information relating to the consumer commodities included thereon in one of the following manners:

(1) By affixing to the sign or list stamps, tags, or labels designed in the same manner as prescribed by subdivision (c) of this section, provided the information thereon is plainly visible and easily readable from the point at which the item is displayed for sale, and provided that the stamps, tags, or labels are arranged upon the sign or list in such a manner as to clearly indicate to which consumer commodity each one relates.

(2) By means of a vertical list in alphabetical order according to the brand name of the product with the common name, quantity, unit price, unit of measure and price of the item indicated, in that order, to the right of the brand name of the product. If this method of disclosure is used, all required information shall be printed in type large enough to be easily readable from the point at which the item is displayed for sale. The information shall be printed in a color which contrasts conspicuously with its background, and the background upon which is reflected the numerical unit price shall be in a color which contrasts conspicuously with the background upon which is reflected the numerical selling price.

(e) If the unit pricing information is disclosed by affixing the unit price and total selling price upon the commodity itself as permitted under section 345.2 of this Part, all the information required to be contained on the stamp, tag, or label pursuant to subdivision (c) of this section shall be indicated upon the commodity and in the same manner, except that the identity of the consumer commodity need not be included and the color of the background upon which is printed the numerical unit price and unit of measure shall not be required to contrast with the background color upon which is reflected the total numerical selling price of the item.

(f) Logistical information such as order codes may appear on the stamp, tag, or label at the option of the retailer, provided that any such logistical information be no more prominent than and in type no larger than the type used to reflect the information required by subdivision (c) of this section. Such logistical information shall not in any way obscure, deemphasize or confuse the required unit pricing information.

(g) The format indicated in the following example is acceptable for use in designing a stamp, tag, or label for use in disclosing unit pricing information.

(h) A sample, in duplicate, of the format of the stamp, tag, or label proposed to be used to disclose unit pricing information shall be submitted to the commissioner for approval prior to its use in any store or stores.

1 CRR-NY 345.4 Price per measure {#sec-1-crr-ny-345.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 345.4}

In addition to the price per measure provided pursuant to section 214-h(2)(d) of the Agriculture and Markets Law, the following shall also be permitted:

(a) Price per dozen for commodities whose net quantity is commonly expressed by half dozen, dozen or a combination thereof, provided that the same unit of measure is used for the same commodity in all sizes.

(b) Price per 100 square feet, and the ply count, if any, for commodities whose net quantity is expressed in units of areas where the net quantity exceeds 100 square feet, provided that the same unit of measure is used for the same commodity in all sizes.

(c) Price per gallon in alternative to price per pint or quart for commodities whose net quantity is stated in fluid ounces, pints, quarts, or gallons, provided that the same unit of measure is used for the same commodity in all sizes.

1 CRR-NY 345.5 Exemptions {#sec-1-crr-ny-345.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 345.5}

(a) In addition to those consumer commodities exempted from unit pricing requirements pursuant to section 214-h(3) of the Agriculture and Markets Law, the following consumer commodities shall not be subject to unit pricing requirements:

(1) Spices, flavor extracts and imitation flavorings, and bouillon cubes, where the total content of the package or container weighs three ounces or less.

(2) Snack foods such as cakes, candies, chips and nuts offered for sale in single packages weighing five ounces or less.

(3) Any food item displayed for sale in bulk and which is packaged for and served directly to the consumer by a store employee, provided that such food item is segregated and displayed as a specialty food.

(4) Any food item for which there is no like or similar product to which it might be compared within the store, provided that such food item is segregated and displayed as a gourmet or specialty food.

(5) Any commodity whose net quantity as offered for sale is one dozen, or 100 square feet, provided that it has the retail selling price marked plainly thereon.

(6) Any fluid milk, or cream, or melloream product for which the capacity of the container used for the sale of such product is prescribed by section 191 of the law, where the net quantity as offered for sale is one-half pint, one pint one quart, three quarts, one-half gallon or one gallon, provided that the retail price is marked plainly thereon or displayed on a sign or list at or near the point at which the item is offered or exposed for sale and in such a manner that the retail price contained thereon is plainly visible from such point.

(7) Any frozen dessert for which the capacity of the containers used for the sale of such product is prescribed by section 193-d of the law, where the net quantity as offered for sale is one-half pint, one pint, one-half quart, one quart, one-half gallon or one gallon, provided that the retail price is marked plainly thereon or displayed on a sign or list at or near the point at which the item is offered or exposed for sale and in such a manner that the retail price contained thereon is plainly visible from such point.

(8) Any milk product or product in semblance thereof which is required by law or regulation to be sold by net weight and in prescribed units of weight where the net quantity as offered for sale is one-half pound, one pound or two pounds, provided that it has the retail price marked plainly thereon or displayed on a sign or list at or near the point at which the item is offered or exposed for sale and in such a manner that the retail price contained thereon is plainly visible from such point.

1 CRR-NY 345.6 Non-intentional technical errors {#sec-1-crr-ny-345.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 345.6}

For the purpose of the enforcement of this Part, non-intentional technical errors shall mean inaccuracies in the unit pricing information reflected upon a stamp, tag, label, sign or list where such defects have resulted from a malfunction of a printing press, electronic data processing equipment or other mechanical equipment used to produce such stamps, tags, labels, signs, or lists, or from the mistake of a computer programmer or machine operator, where such malfunction or mistake was not within the knowledge or control of the owner or operator or management personnel of the store and where such owner or operator or management personnel could not with reasonable diligence have detected and corrected such errors.

1 CRR-NY 345.7 Multiple pricing {#sec-1-crr-ny-345.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 345.7}

Where identical consumer commodities are offered or exposed for sale at two or more prices within a store, the unit pricing information relating to such multiple priced items shall be calculated and displayed based upon either (a) each price at which the item is offered or exposed for sale or (b) the highest price at which the item is offered or exposed for sale. Where a consumer commodity is unit priced at its highest price only, a statement clearly indicating consumer commodities are available at more than one price and that the unit pricing information is based upon the highest selling price shall be included upon the sign required by subdivision (i) of section 345.3 of this Part.

1 CRR-NY 345.8 [Repealed] {#sec-1-crr-ny-345.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 345.8}

1 CRR-NY 345.9 [Repealed] {#sec-1-crr-ny-345.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 345.9}

Part 346 ITEM PRICING

1 CRR-NY 346.1 Item pricing: optional exemption {#sec-1-crr-ny-346.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 346.1}

(a) Definitions.

As used in this section, consumer commodity means any commodity within the definition of the term as set forth in Agriculture and Markets Law section 214-h, subdivision 2. For the purposes of this section, consumer commodities bearing the same brand name, having the same quantity of contents of their package and having the same item price, but differing in color, flavor or variety of product, shall be considered a single consumer commodity.

(b) Disclosure of item price information for commodities optionally exempted.

If a consumer commodity is optionally exempted from item pricing by the store management in accordance with the provisions of subdivision 3, paragraph k of section 214-i of the Agriculture and Markets Law, the item price, common name, brand name and quantity of contents of the package shall be disclosed to the consumer by the following means:

(1) unit pricing information as required by section 214-h of the Agriculture and Markets Law and Part 345 of this Title or, if exempt from such requirements, by:

(2) a sign, stamp, tag, label or list placed at or near the point at which the consumer commodity is offered for sale, in such a manner that the information is plainly visible to the consumer.

Part 348 EXTRAORDINARY REINSPECTION SERVICES; CHARGE TO ESTABLISHMENTS

1 CRR-NY 348.1 Purpose and application {#sec-1-crr-ny-348.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 348.1}

(a) The purpose of this Part is to implement the provisions of Agriculture and Markets Law, section 38-a so that sanitary violations may be expeditiously corrected and the State may be reimbursed for the costs and expenses of extraordinary reinspection services.

(b) The chargeback and payment of costs and expenses for extraordinary reinspection services pursuant to section 38-a does not preclude the use in the commissioner's discretion of any other remedy provided by law for the same violation.

1 CRR-NY 348.2 Notice of educational session {#sec-1-crr-ny-348.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 348.2}

(a) Notice of an educational session pursuant to section 38-a of the Agriculture and Markets Law shall be in writing. The notice shall:

(1) clearly identify the establishment concerned and specify the dates upon which the preceding inspection and reinspection were conducted;

(2) notify the establishment that copies of sanitary inspection reports were left at the establishment at the time of inspection and reinspection and that an additional copy of each report may be obtained from the department upon request;

(3) state the date, time and place of the scheduled educational session; and

(4) notify the establishment that it will be liable for the costs and expenses of extraordinary sanitary reinspection services if compliance has not been achieved at the time of a compliance inspection. As used in this Part, compliance shall mean a score of 85 percent or more of the maximum score allowed, as computed on the official sanitary inspection report of the Division of Food Inspection Services of the department.

(b) The notice of an educational session may be served personally or by ordinary mail. Notices which are personally delivered shall be delivered at least five calendar days prior to the educational session, and mailed notices shall be posted at least eight calendar days prior thereto. An educational session may be held upon shorter notice with the consent of the establishment.

1 CRR-NY 348.3 Postponement of educational session {#sec-1-crr-ny-348.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 348.3}

Postponement of a scheduled educational session will not be granted except for extraordinary and unavoidable circumstances. Requests for a postponement for such circumstances must be made in writing. Any establishment requesting such a postponement must agree in writing to attend an educational session on a date as specified by the department within one week of the originally scheduled session.

1 CRR-NY 348.4 Conduct of educational session {#sec-1-crr-ny-348.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 348.4}

Persons attending an educational session on behalf of an establishment shall be entitled to examine copies of the inspection and reinspection reports.

1 CRR-NY 348.5 Notice of compliance inspection {#sec-1-crr-ny-348.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 348.5}

(a) A notice of compliance inspection shall be in writing and shall specify the date or dates on or after which an initial compliance inspection will be conducted. No initial compliance inspection shall be scheduled for less than three days after the educational session, unless the establishment consents to a shorter period. No initial compliance inspection shall be conducted more than 30 calendar days after the date designated in the notice. If an establishment is not in compliance at the time of an initial compliance inspection, subsequent compliance inspections may be conducted without further notice until compliance has been achieved.

(b) A notice of compliance inspection may be delivered to the establishment representative at the educational session or may be mailed within two business days to any establishment which has attended an educational session. A notice of compliance inspection shall be personally delivered to any establishment which has refused or otherwise failed to attend an educational session.

1 CRR-NY 348.6 Conduct of compliance inspections {#sec-1-crr-ny-348.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 348.6}

(a) An establishment which fails to grant free access to the premises for any compliance inspection shall be presumed to be in noncompliance. In addition, any such establishment shall be liable for all costs and expenses incurred by the Division of Food Inspection Services as a result of such refusal.

(b) Upon completion of any compliance inspection, the inspector in charge shall deliver a copy of the inspection report to a representative of the establishment.

(c) No establishment shall be liable for the costs and expenses incurred by the department in the simultaneous use of more than three department employees in the conduct of any single compliance inspection unless the department shall prove that additional personnel were reasonably necessary under the circumstances.

1 CRR-NY 348.7 Billing for costs and expenses {#sec-1-crr-ny-348.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 348.7}

Billings for extraordinary reinspection services shall be itemized and certified in accordance with section 38-a of the Agriculture and Markets Law and shall be mailed to the establishment by certified or registered mail. All such billings shall contain a written notice of the establishment's right to demand a hearing within 30 days.

1 CRR-NY 348.8 Costs and expenses {#sec-1-crr-ny-348.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 348.8}

(a) Costs and expenses shall be calculated in accordance with Agriculture and Markets Law, section 38-a, subdivision 2, and shall include costs of direct and indirect personal service including but not limited to cost of salaries and wages, monetary and nonmonetary fringe benefits, retirement contributions made and Workmen's Compensation premiums paid by the State for or on behalf of personnel, the cost of necessary traveling, meals and lodging, the cost of rentals for space occupied in state-owned or state-leased buildings, the cost of maintenance and operation and all other actual direct and indirect costs apportioned to the Division of Food Inspection Services. The department shall determine an hourly rate of costs and expenses for each department employee utilized in any such compliance inspection, based upon the foregoing factors, and shall bill for such inspection accordingly.

(b) The total number of hours billed to an establishment for extraordinary reinspection services shall include that time spent in the conduct of compliance inspections, seizure on or off the premises of the establishment of food for which there is probable cause to believe is adulterated, supervision of destruction of such foods and any other action necessary to protect the public from the sale of adulterated foods.

1 CRR-NY 348.9 Hearings {#sec-1-crr-ny-348.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 348.9}

Any establishment demanding a hearing shall be entitled to be heard with respect to any elements of liability including factual issues relating to:

(a) violations found upon the inspection and the reinspection;

(b) violations found upon the compliance inspection or inspections;

(c) calculation of any charges made to the establishment pursuant to section 38-a of the Agriculture and Markets Law and this Part.

Chapter VII AGRICULTURAL FAIRS

Part 350 STANDARDS FOR CONDUCT OF FAIRS

1 CRR-NY 350.1 Fair sponsor; definition {#sec-1-crr-ny-350.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.1}

For purposes of this Part a fair sponsor shall mean any organization that receives money from the State for the promotion of agriculture and domestic arts pursuant to article 24 of the Agriculture and Markets Law.

1 CRR-NY 350.2 No fee for 4-H, F.F.A., junior fair or school department exhibits {#sec-1-crr-ny-350.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.2}

No entry fee shall be charged for 4-H Club, F.F.A. and junior fair exhibits entered for competition in their own classes, or for entries in the school department.

1 CRR-NY 350.3 Prompt, full payment of premiums {#sec-1-crr-ny-350.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.3}

All premiums advertised and awarded must be paid promptly and in full, without deduction in the guise of donations or otherwise, notwithstanding any statement to the contrary or in modification thereof announced or stated in the premium book.

1 CRR-NY 350.4 No premium for unworthy exhibit {#sec-1-crr-ny-350.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.4}

No premium should be awarded by any judge or paid by any fair sponsor for an unworthy exhibit.

1 CRR-NY 350.5 Premium amount to attract well-balanced exhibits {#sec-1-crr-ny-350.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.5}

The amount of premium offered in the various departments should be such as to secure well- balanced exhibits, in the light of the types of agriculture carried on in the territory served by the fair.

1 CRR-NY 350.6 No exhibits by judges in departments they oversee {#sec-1-crr-ny-350.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.6}

No judges shall be permitted to enter exhibits in competition for premiums in the department with which they are connected.

1 CRR-NY 350.7 Exhibits to be plainly labeled {#sec-1-crr-ny-350.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.7}

All exhibits must be plainly labeled so that the full significance of the exhibits will be made clear.

1 CRR-NY 350.8 Reexhibition in domestic department {#sec-1-crr-ny-350.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.8}

No article shall be exhibited in the domestic department if it has been previously exhibited therein, unless permitted by official action of the board of directors of the fair sponsor.

1 CRR-NY 350.9 Ownership of exhibits entered in fairs and shows {#sec-1-crr-ny-350.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.9}

(a) All exhibits shall be entered in the name of the exhibit owner; provided, however, that any animal exhibit entered in a youth fair, youth exhibition, or 4-H show or exhibition may be entered in the name of the exhibitor.

(b) Exhibits shall have been owned by the exhibitor for a period of at least 30 days prior to entry of the exhibit; provided, however, that any animal exhibit entered in a youth fair, youth exhibition or 4-H show or exhibition shall have been in the care of the exhibitor for a period of at least 60 days prior to entry of the exhibit.

(c) Proof of ownership of any exhibit shall be provided by the exhibitor, upon request, to the fair sponsor.

(d) The fair sponsor may limit the number of breeds shown by any exhibitor.

1 CRR-NY 350.10 Rejection or refusal of an exhibit {#sec-1-crr-ny-350.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.10}

Any fair sponsor shall reserve the right to reject or refuse, and to order the removal of, any exhibit which, in the opinion of its board of directors, is not eligible or worthy of showing or has not met the livestock health requirements set forth in Part 351 of this Title.

1 CRR-NY 350.11 Compliance with and enforcement of livestock health requirements {#sec-1-crr-ny-350.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.11}

Each fair sponsor shall comply with and enforce the livestock health requirements set forth in Part 351 of this Title.

1 CRR-NY 350.12 [Repealed] {#sec-1-crr-ny-350.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.12}

1 CRR-NY 350.13 to 350.17 to 350.17 [Repealed] {#sec-1-crr-ny-350.13-to-350.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.13 to 350.17}

1 CRR-NY 350.18 [Repealed] {#sec-1-crr-ny-350.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 350.18}

Part 351 ANIMAL HEALTH REQUIREMENTS FOR ADMISSION TO FAIRS

1 CRR-NY 351.1 Definitions {#sec-1-crr-ny-351.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.1}

For the purposes of this Part:

(a) Accredited veterinarian means a veterinarian approved as a category 2 accredited veterinarian by the Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture to perform the functions of Federal and cooperative State-Federal programs for animal disease control.

(b) Animal means any living creature, except a human being.

(c) Cattle means any member of the genus Bos.

(d) Commissioner means the Commissioner of Agriculture and Markets of the State of New York and any officer or employee of the Department of Agriculture and Markets of the State of New York duly delegated pursuant to section 17 of the Agriculture and Markets Law.

(e) Deer means any member of the family Cervidae including deer, elk and moose.

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

(g) Fair means any fair or exposition, which qualifies for premium reimbursement under Agriculture and Markets Law, section 286, and the New York State Fair.

(h) Flock means all poultry on one farm except that, at the discretion of the commissioner, any group of poultry which is segregated from another group and has been so segregated for a period of at least 21 days may be considered as a separate flock.

(i) Herd means:

(1) any animals under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm or ranch);

(2) all animals under common ownership or supervision on two or more premises that are geographically separated, but on which the animals have been interchanged or where there has been contact among the animals on the different premises. Contact between animals on the different premises will be assumed unless the owner establishes otherwise and the results of an epidemiological investigation are consistent with the lack of contact between premises; or

(3) all animals on common premises, such as community pastures or grazing association units, but owned by different persons. Other groups of animals under the same ownership which are located on other premises are considered to be part of this herd unless an epidemiological investigation establishes that animals from the affected herd have not had the opportunity for direct or indirect contact with animals from that specific premises.

(j) Herd of origin means any herd of animals or any farm or other premises where the animals were born or where animals have been kept for four months or more before the date of shipping, provided animals from other premises have not been assembled on the farm or premises within four months before the date of shipment.

(k) Horse means any member of the family Equidae including horses, asses, mules and zebras.

(l) Interstate certificate of veterinary inspection means the original preprinted document which:

(1) is issued by an accredited veterinarian and approved by the chief livestock health official or such official's designee of the state or country of origin;

(2) identifies each animal to be moved into this State with U.S.D.A. approved official identification where applicable. For species that U.S.D.A. has not defined approved identification the identification shall be in a form approved by the commissioner. All manmade identification shall be recorded including all ear tags, ear notches, tattoos and electronic identification devices carried by the animal, its species, breed, age, sex, registration number and any other unique description; and

(3) includes the full name and address of both consignor and consignee, the date of issue, the dates and results of qualifying tests, the anticipated date of entry of the animal into New York State, and a statement that the individual animal and that animal's herd of origin has been inspected by a category 2 accredited veterinarian and no evidence of infectious, contagious or communicable disease was found (except where noted) and that the results of the tests are as indicated.

(m) Intrastate certificate of veterinary inspection means the original preprinted document which:

(1) contains the name and address of the owner;

(2) identifies each individual animal with U.S.D.A. approved official identification where applicable. For species that U.S.D.A. has not defined approved identification the identification shall be in a form approved by the commissioner. All manmade identification shall be recorded including all ear tags, ear notches, tattoos and electronic identification devices carried by the animal, its species, breed, age, sex, registration number and any other unique description;

(3) includes a statement that the individual animal and that animal's herd of origin has been inspected by a category 2 accredited veterinarian on or after May 1st of the current year and no evidence of infectious, contagious or communicable disease was found (except where noted);

(4) verifies that all required vaccinations and tests have been performed and provides a record of the results of any or all required tests; and

(5) includes the signature of the accredited veterinarian who has inspected the animals identified on the certificate verifying the accuracy of the statements thereon.

(n) New World camelidae means any member of the camelidae family native to South America, including alpacas (Vicugna pacos), llamas (Lama glama), guanacos (Lama guanicoe) and vicunas (Vicugna vicugna).

(o) Primary vaccination means the initial injection of a vaccine suitable for the species that meets the standards prescribed by the U.S.D.A. for interstate sale and is administered according to the manufacturer's instructions under the direction of a licensed veterinarian.

(p) Poultry means domesticated fowl, including chickens, turkeys, waterfowl and game birds, except doves and pigeons.

(q) Ruminant means any member of the suborder Ruminatia including cattle, goats, sheep, bison, giraffes and antelope.

(r) State means New York State.

(s) Swine means any member of the family Suidae, feral or domestic.

(t) U.S.D.A. means United States Department of Agriculture.

1 CRR-NY 351.2 Prohibitions {#sec-1-crr-ny-351.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.2}

No person shall bring or have present an animal on the fairgrounds during a fair which is not qualified under the provisions of this Part. No person shall present an interstate or intrastate certificate of veterinary inspection that has been altered by anyone other than the issuing veterinarian or an authorized agent.

1 CRR-NY 351.3 General requirements {#sec-1-crr-ny-351.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.3}

(a) Animals demonstrating clinical signs or other evidence of infectious, contagious or communicable diseases shall not be allowed on the fairgrounds during a fair.

(b) The commissioner may deny admission to, or require removal from the fair premises, or require the segregation of any animal affected with or exposed to any infectious, contagious or communicable disease.

(c) All animals presented for admission to a fair that originate from a location other than this State shall meet all State importation regulations appropriate to the species in addition to the requirements of this Part. State importation requirements can be obtained by contacting the department at 10B Airline Drive, Albany, NY 12235, (518) 457-3502, www.agriculture.ny.gov

(d) Animals originating from the State that qualify for admission under this Part at one fair shall be considered approved for admission at all other New York State fairs conducted during the same calendar year, subject to compliance with the rabies vaccination requirements of individual fairs, provided that the health status of the individual animal or the herd of origin does not change in the interim period. Imported animals entering a fair accompanied by an interstate certificate of veterinary inspection may utilize the same certificate at all other New York State fairs conducted during the same calendar year if the initial entry to a fair is within 30 days of issuance.

(e) In the event the commissioner issues a notice pursuant to New York State Agriculture and Markets Law, section 72 affecting an area which includes a fairground, all animals presented for admission to that fair shall be in compliance with the disease control requirements of such notice.

1 CRR-NY 351.4 Rabies vaccination requirement {#sec-1-crr-ny-351.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.4}

(a) To qualify for admission to a fair, all animals four months of age or older for which a rabies vaccine labeled by the manufacturer for that species is available shall be accompanied by proof that the animal has been vaccinated against rabies. Vaccination shall be administered according to the manufacturer instructions within the duration of protection indicated. Animals four months of age or older for which no labeled vaccine is available shall be accompanied by proof that the animal is vaccinated against rabies if required by the rules of an individual fair.

(b) Acceptable proof of vaccination includes a signed written statement from the veterinarian or a valid certificate of veterinary inspection that has the vaccination listed and is signed by the accredited veterinarian. Acceptable proof of vaccination shall include the name of the product used and the date of administration.

1 CRR-NY 351.5 Certificate of veterinary inspection {#sec-1-crr-ny-351.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.5}

(a) To qualify for admission to a fair all deer, llamas, ruminants and swine shall:

(1) be accompanied by an original intrastate or interstate certificate of veterinary inspection as defined in section 351.1 of this Part which shall be presented to the commissioner at any time upon request.

1 CRR-NY 351.6 Cattle {#sec-1-crr-ny-351.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.6}

In addition to the requirements listed in sections 351.4 and 351.5 of this Part, all cattle presented for admission to a fair shall be accompanied by an original intrastate or interstate certificate of veterinary inspection that contains proof that the cattle have tested negative for being persistently infected with bovine viral diarrhea and proof that the cattle are vaccinated against bovine respiratory disease complex, including bovine respiratory syncytial virus, bovine viral diarrhea, infectious bovine rhinotracheitis, and parainfluenza with a product administered in a manner and time frame adequate to confer protective immunity for these diseases for the duration of the fair.

1 CRR-NY 351.7 Deer {#sec-1-crr-ny-351.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.7}

(a) In addition to the requirements listed in sections 351.4 and 351.5 of this Part, all deer presented for admission to a fair must be accompanied by a permit as required by Parts 60, 62 and 68 of this Title. Permit information can be obtained by contacting the department at 10B Airline Drive, Albany, NY 12235, (518) 457–3502, www.agriculture.ny.gov

1 CRR-NY 351.8 Horses {#sec-1-crr-ny-351.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.8}

In addition to the requirements listed in sections 351.3 and 351.4 of this Part, all horses six months of age or older presented for admission to a fair must be accompanied by an original certificate or statement showing that the horse has tested negative to a U.S.D.A. approved test for equine infectious anemia (swamp fever) during the calendar year in which the fair is held or during the preceding calendar year.

(a) The required certificate shall include a complete identification of the horse, the date of the test, and the name and address of the laboratory that conducted the test.

(b) The certificate must be signed by an accredited veterinarian and the director of the laboratory where the test was conducted.

1 CRR-NY 351.9 New World camelidae {#sec-1-crr-ny-351.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.9}

In addition to the requirements listed in sections 351.4 and 351.5 of this Part, all New World camelidae presented for admission to a fair must be accompanied by an original intrastate or interstate certificate of veterinary inspection that contains proof that the New World camelidae have tested negative for being persistently infected with bovine viral diarrhea.

1 CRR-NY 351.10 Swine {#sec-1-crr-ny-351.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.10}

In addition to the requirements set forth in section 351.5 of this Part, all swine presented for admission to a fair shall be identified by USDA approved official eartag.

1 CRR-NY 351.11 Poultry {#sec-1-crr-ny-351.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.11}

All poultry presented for admission to a fair:

(a) shall be accompanied by results of a negative pullorum typhoid test conducted within 90 days prior to the opening date of the fair or originate directly from a U.S. pullorum-typhoid clean or equivalent flock. Waterfowl are exempt from this requirement. Pullorum test negative poultry shall be identified by official leg band. Poultry originating from a status flock shall be accompanied by proof of status.

1 CRR-NY 351.12 Sheep and goats {#sec-1-crr-ny-351.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.12}

(a) In addition to the requirements listed in sections 351.4 and 351.5 of this Part, all sheep and goats presented for admission to a fair must be accompanied by an original intrastate or interstate certificate of veterinary inspection that contains a statement that the herd of origin was inspected on or after May 1st of the current year and no evidence of contagious, infectious or communicable diseases was found.

(b) If evidence of soremouth (contagious ecthyma) is found on any sheep or goat, the entire exhibit including the affected animals shall immediately be removed from the fair premises.

(c) All sheep and goats must be individually identified by U.S.D.A. approved scrapie program identification as required under section 62.5 of this Title.

1 CRR-NY 351.13 Isolation on returning home {#sec-1-crr-ny-351.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.13}

The owner or custodian shall keep show animals biologically separate from the herd or flock for a period of at least two weeks after returning to the premise of origin.

1 CRR-NY 351.14 Fair premium book {#sec-1-crr-ny-351.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.14}

(a) The foregoing requirements shall be printed in each fair's premium book.

(b) Except as expressly permitted herein or as mandated by any Federal, State or county law, no fair shall impose requirements in addition to, or different from, the requirements set forth under this Part.

1 CRR-NY 351.15 [Repealed] {#sec-1-crr-ny-351.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 351.15}

Part 352 TESTING HORSES FOR DRUGS AT PULLING CONTESTS

1 CRR-NY 352.1 Definitions {#sec-1-crr-ny-352.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 352.1}

(a) Commissioner.

The Commissioner of the New York State Department of Agriculture and Markets.

(b) Department.

New York State Department of Agriculture and Markets.

(c) Director.

The Director of the Division of Animal Industry of the New York State Department of Agriculture and Markets.

(d) Drug.

Any drug, medication, stimulant, depressant, hypnotic or narcotic used in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals.

(e) Fair.

All agricultural fairs and expositions, including the New York State Fair, which hold pulling contests and receive premium reimbursement from New York State.

(f) Horses.

All members of the family Equidae.

(g) Laboratory.

A laboratory designated by the commissioner to perform tests on official samples of blood, saliva and urine.

(h) Official sample.

A blood sample, a saliva sample or a urine sample obtained from a horse entered in a pulling contest for a test.

(i) Test.

A test performed at a laboratory on an official sample to determine the presence of drugs.

(j) Veterinarian.

A veterinarian licensed and accredited by New York State and authorized by the director to take official samples.

1 CRR-NY 352.2 Prohibition {#sec-1-crr-ny-352.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 352.2}

No person shall enter or drive a horse which has a drug in its body in a pulling contest.

1 CRR-NY 352.3 Tests {#sec-1-crr-ny-352.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 352.3}

(a) An official sample shall be taken by a veterinarian of at least four horses chosen by lot in every weight class. Each horse entering each weight class shall be identified by number. Numbers shall be drawn by lot until at least four horses are designated for official sampling.

(b) The veterinarian or any judge may also require that an official sample be taken of any horse not included in the selection specified in subdivision (a) of this section, if in his or her opinion such a sample is necessary to assure the integrity of the testing program.

(c) Each official sample shall be submitted by the veterinarian to a laboratory for a test. Test results disclosing the presence of drugs shall be forwarded to the director who shall notify the fair concerned and shall give written notice thereof by regular mail, personal service or certified mail to the owner and the person having care, custody or control of the horse.

1 CRR-NY 352.4 Assistance in the enforcement of this Part {#sec-1-crr-ny-352.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 352.4}

(a) The owner or the person having the care, custody or control of any horse shall present such horse for appropriate sample collection when so directed by the veterinarian, and shall restrain the horse and supply the assistance necessary for the veterinarian to obtain the official sample. Failure of the owner or the person having the care, custody or control of a horse to submit it for testing or failure to provide adequate assistance to the veterinarian in obtaining an official sample shall result in forfeiture of all rights to premiums paid for the contest for which the sample was to be collected and immediate exclusion from participation in future pulling contests at fairs.

(b) Responsibility of fairs.

Each fair shall comply with and assist in the enforcement of this Part and provide such restraint facilities and lighting as may be required by the department.

1 CRR-NY 352.5 Penalties {#sec-1-crr-ny-352.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 352.5}

The owner of any horse which tests positive for the presence of drugs shall be held responsible for the violation.

(a) First violation.

Within 15 days from the date of the notice of the first violation, the owner shall return to the director for refund to the appropriate fair, any premium awarded in the pulling contest for which the sample was taken. The owner shall be subject to a penalty pursuant to Agriculture and Markets Law, section 40.

(b) Second violation.

Within 15 days from the date of notice of the second violation, the owner shall return to the director for refund to the appropriate fair, any premium awarded in the pulling contest for which the sample was taken. The owner shall be subject to a penalty pursuant to Agriculture and Markets Law, section 40.

(c) Third violation.

Within 15 days from the date of the notice of the third violation, the owner shall return to the director for refund to the appropriate fair, any premium awarded in the pulling contest for which the sample was taken. The owner shall be subject to a penalty pursuant to Agriculture and Markets Law, section 40. Further, the owner shall thereafter be prohibited from participating in pulling contests at fairs for two years from the date of the notification of the third violation.

(d) Succeeding violations.

Within 15 days from the date of the notice of succeeding violations, the owner shall return to the director for refund to the appropriate fair, any premium awarded in the horse pulling contest for which the sample was taken. The owner shall be subject to a penalty pursuant to Agriculture and Markets Law, section 40. Further, the owner shall be prohibited from participating in pulling contests at fairs for five years from the date of the notification of the succeeding violation.

(e) Failure to return the premium within the 15-day period will result in the exclusion of the owner from participation in pulling contests at fairs thereafter, unless a request for hearing has been made pursuant to subdivision (f) of this section.

(f) If, within 15 days from the date of the notice of any violation, the owner makes a written request to the commissioner for a hearing, the commissioner, upon reasonable notice to all parties and to the fair at which the pulling contest was held and at which the sample in question was taken, shall fix a date for a hearing to be held pursuant to article 3 of the Agriculture and Markets Law of the State of New York and the rules and regulations of the New York State Department of Agriculture and Markets.

(1) Each request for a hearing must be accompanied by a security deposit in the form of a certified check or money order equal to the amount of premium moneys received in the pulling contest at which the alleged violation occurred. If, subsequent to the date of the pulling contest at which the violation occurred and before the determination is made upon the hearing, the owner receives any premium moneys from any other pulling contests in fairs, the amount of the security deposit shall be increased by the amount of such premium.

(2) After such hearing, the commissioner shall issue a determination and order setting forth any penalties which shall be assessed and the grounds upon which they are based, and any premium moneys which must be returned. The security deposit shall be applied to the payment of premium moneys. Any balance of security deposit funds remaining after such payments are deducted shall be returned to the owner. As required in this Part, the commissioner shall also order that the owner be prohibited from participating in pulling contests.

Chapter VIII ADMINISTRATION

Part 360 PUBLIC ACCESS TO RECORDS OF THE DEPARTMENT OF AGRICULTURE AND MARKETS OF THE STATE OF NEW YORK

1 CRR-NY 360.1 Definitions {#sec-1-crr-ny-360.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.1}

For the purposes of this Part, the following terms shall mean:

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

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

(c) The department's main address is Building 8, State Campus, Albany, NY 12235.

1 CRR-NY 360.2 Designation of records access officer {#sec-1-crr-ny-360.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.2}

(a) The commissioner is responsible for ensuring compliance with this Part. The director of the administrative planning office, located at the department's main address, is hereby designated as records access officer. The records access officer shall have the duty of coordinating the agency responses to public requests for access of records. However, the public shall not be denied access to records through agency officials who have in the past been authorized to make records or information available.

(b) The records access officer will review internal procedures to assure that the department complies with section 87 of the Public Officers Law of the State of New York.

(c) The records access officer shall maintain the subject matter list, created pursuant to section 360.6 of this Part, and exhibit such list to anyone seeking information concerning public access to records.

1 CRR-NY 360.3 Location {#sec-1-crr-ny-360.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.3}

All records available for inspection and copying will be located at the department's main address.

1 CRR-NY 360.4 Hours for public inspection {#sec-1-crr-ny-360.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.4}

(a) This department shall accept requests for public access to records and produce such records from 8:30 a.m. to 4:30 p.m. on all days the department is regularly open for business.

1 CRR-NY 360.5 Procedures for handling requests for public access to records {#sec-1-crr-ny-360.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.5}

(a) Where a request for records is required, such request may be oral or in writing.

(b)

(1) A department official shall respond promptly to a request for records. Except under extraordinary circumstances, any response shall be made no more than five working days after receipt of the request by the department whether the request is oral or in writing.

(2) If for any reason more than five days is required to produce records, a department official shall acknowledge receipt of the request within the next five working days, and give a brief explanation of the reason for delay and an estimate of the date production or denial will be forthcoming.

(c) To facilitate the location of records, a request for access to records should be sufficiently detailed to identify them including dates, titles, file designations or other appropriate information.

(d) No records may be removed by the requester from the office where the record is located without the permission of department personnel.

1 CRR-NY 360.6 Subject matter list {#sec-1-crr-ny-360.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.6}

(a) This department shall make available for public inspection and copying a current list, by subject matter, of all records filed with or kept by the department. The list shall be sufficiently detailed to permit a requester to identify the record sought.

(b) The said list shall be updated at least every six months and the date of the most recent updating shall appear on the first page.

1 CRR-NY 360.7 Denial of access to records {#sec-1-crr-ny-360.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.7}

(a) Any denial of access shall be in writing stating the reason therefor and advising the requester of his right to appeal to the individual designated to hear appeals.

(b) The Director of Administration, James Burnes, who is located at the main address of the department, is hereby designated to hear appeals from a denial of access to records. His number is (518) 457-2737.

(c) Any failure to provide requested records within five days of receipt of request, as set forth in this Part, shall be deemed a denial of access by the department.

(d) Any person denied access may appeal within 30 days of such denial to the aforementioned person designated to hear appeals.

(e) The time for deciding an appeal shall commence upon receipt, by the individual designated to hear appeals, of a written appeal identifying:

(1) the date of the request for records and to whom their questions were sent;

(2) the specific records to which the requester was denied access;

(3) the name and address of the appellant; and

(4) a copy of any written denial should accompany the appeal.

(f) The individual designated to hear appeals shall inform the appellant and the commission on public access to records of the determination on the appeal in writing within seven business days following the day of receipt of an appeal.

(g) A final denial of access to a requested recorded, as provided for in subdivision (e) of this section, shall be subject to court review, as provided for in article 78 of the Civil Practice Laws and Rules.

1 CRR-NY 360.8 Fees {#sec-1-crr-ny-360.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.8}

Except when a different fee is otherwise prescribed by law:

(a) There shall be no fee charged for the following:

(1) inspection of records;

(2) search for records; and

(3) any certification pursuant to this Part.

(b) The department may charge a fee for copies of records as follows:

(1) the fee for copying records, 8½ × 14 inches or less, shall be 25 cents per page; and

(2) the fee for copies of records not covered by paragraph (1) of this subdivision shall not exceed the actual copying costs (i.e., the average unit copying cost, excluding fixed costs of the agency such as operator salaries).

1 CRR-NY 360.9 Public notice {#sec-1-crr-ny-360.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.9}

This department shall post in a conspicuous location at each of its offices (Albany, Buffalo, New York City, Riverhead, Rochester and Syracuse) the following information:

(a) the location where public records shall be made available for inspection and copying;

(b) the name, title, business address and telephone number of the department records access officer; and

(c) the right to appeal by any requester from denial of access to a record for whatever reason and the name and business address of the persons to whom any appeal is to be directed.

1 CRR-NY 360.10 Prevention of an unwarranted invasion of personal privacy {#sec-1-crr-ny-360.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.10}

The department may deny access to records or it may delete identifying details of records to prevent an unwarranted invasion of personal privacy including, but not limited to, the following situations:

(a) disclosure of such personal matters as may have been reported in confidence to the department and which are not relevant or essential to the ordinary work of the department;

(b) disclosure of employment, medical or credit histories or personal references of applicants for employment, except such records may be disclosed when the applicant has provided a written release permitting such disclosure;

(c) the sale or release of lists of names and addresses in the possession of the department if such lists would be used for private, commercial or fund-raising purposes;

(d) disclosure of items of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the department;

(e) disclosure of information that is:

(1) specifically exempted by statute;

(2) confidentially disclosed to an agency and compiled and maintained for the regulation of commercial enterprise, including trade secrets, or for the grant or review of a license to do business and if openly disclosed would permit an unfair advantage to competitors of the subject enterprise, but this exemption shall not apply to records the disclosure or publication of which is directed by other statute;

(3) part of an investigatory file compiled for law enforcement purposes or records relating to current penalty, hearing or matters in litigation.

1 CRR-NY 360.11 Severability {#sec-1-crr-ny-360.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.11}

If any provision of this Part or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provision of this Part or the application thereof to other persons and circumstances.

1 CRR-NY 360.12 Confidential records not subject to subpoena {#sec-1-crr-ny-360.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 360.12}

The following proceedings, documents, papers, and records filed or deposited with the department are received and accepted as being of a confidential nature and when so received and accepted shall not be subject to subpoena:

(a) All information regarding the financial standing or responsibility of an applicant for a license, permit or registration of any kind issued pursuant to the Agriculture and Markets Law, and all information regarding the financial standing or responsibility of any person holding a license, permit or registration of any kind issued by the department, except; however, that such information shall not be considered as of a confidential nature when needed by the commissioner:

(1) to consider an application for a license, permit or registration;

(2) to use in a departmental administrative hearing relating to the financial standing or responsibility of a person who has applied for or to whom a license, permit or registration has been issued;

(3) To consider the financial standing or responsibility of a person when it is an issue on the granting, suspending conditioning, limiting or revoking of a license, permit or registration; or

(4) with respect to milk dealer financial statements, the commissioner may, in his sole discretion, make available to insurers financial statements, or portions thereof, as are necessary of milk dealers participating in the milk producer security fund in order to obtain insurance coverage for the milk producers security fund.

(b) All information, documents, papers and records filed or deposited, and information obtained by audit or examination of records, or by inspection of plants by the commissioner relating to ingredients, formulae or manufacturing processes of food for which no specific definition, standardization or manufacturing process is prescribed by statute or regulation, except; however, that such information shall not be considered as of a confidential nature when needed by the commissioner for use in a departmental administrative hearing or in the trial of a civil action for alleged violations of the Agriculture and Markets Law against the person from whom the information was obtained.

Part 361 PAYMENT OF MOVING EXPENSES OF OCCUPANTS OF APPROPRIATED PROPERTY

1 CRR-NY 361.1 Definitions {#sec-1-crr-ny-361.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 361.1}

For the purposes of this Part, the following terms shall mean:

(a) Eligible person.

Any individual, family, business concern (including the operation of a farm), and nonprofit organization to be displaced by the acquisition and use of the property by the State who were occupants prior to the date of State taking possession of such property.

(b) Relocation payment.

Any payment made to eligible persons for their moving expenses for moving personal property, exclusive of trade fixtures, caused by their displacement from real property acquired by the State pursuant to the above mentioned laws and for which reimbursement or compensation is not made as part of the compensation for the real property under an agreement of adjustment or a court award.

(c) Individual.

A person who is not a member of a family as hereinafter defined (considered as a “family” for the purposes of this Part).

(d) Family.

Two or more persons who are living together in the same quarters.

(e) Business concern.

A corporation, association, partnership, individual or other private entity, engaged in a business or professional activity requiring the use of fixtures, equipment, stock in trade, or other tangible personal property for the carrying on of the business or profession on the premises.

(f) Nonprofit organization.

A corporation, partnership, individual or other private entity, engaged in a business, professional or institutional activity on a nonprofit basis requiring the use of fixtures, equipment, stock in trade, or other tangible personal property for the carrying on of the business, profession or institution on the premises.

(g) Operation of a farm.

The operation of a parcel of land (or parcels operated as a single unit) which is used for the production of one or more agricultural commodities for sale and home use and which customarily produces or is capable of producing such commodities in sufficient quantity to contribute materially to the operator's support, including the operation of stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, and greenhouses or other similar structures used primarily for raising agricultural or horticultural commodities.

(h) Moving expenses.

Cost of dismantling, disconnecting, crating, loading, insuring, temporary storage not in excess of six months, transporting, unloading, reinstalling of personal property, exclusive of the cost of any additions, improvements, alterations or other physical changes in or to any structure in connection with effecting such reinstallation.

(i) Counted rooms.

Counted rooms shall be that space in a building or structure containing a substantial and usual quantity of household furniture and equipment and personal property. They shall include such space as basements, cellars, recreation rooms, living rooms, libraries, studios, dining rooms, kitchens, laundry rooms (when containing mechanical equipment such as washers and dryers) enclosed sun porches (when they contain furniture, household equipment and personal property comparable to a room), bedrooms, attics (when they contain substantial storage of household equipment and furniture and personal property), also garages, out buildings and play houses (when they contain storage of household or garden equipment, furniture and personal property). Foyers and alcoves will be counted as one-half rooms when they contain furniture and household equipment. Combination living rooms-dining rooms and kitchen-dinettes shall be considered one and one-half “counted rooms”. Vestibules, bathrooms and powder rooms shall not be considered “counted rooms”.

1 CRR-NY 361.2 General provisions {#sec-1-crr-ny-361.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 361.2}

Application for payment of moving expenses shall be made upon forms prescribed by the commissioner and shall be accompanied by such information and evidence as he may require and payment of such will be made to eligible persons under the circumstances and to the extent set forth in this Part.

1 CRR-NY 361.3 Provisions applicable to both residential and commercial moves {#sec-1-crr-ny-361.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 361.3}

(a) When there has been an approval of a property acquisition program and property appropriation maps have been filed in the Department of State and occupant of the property has been notified of such pending acquisition by the State or an agreement of purchase has been executed by the property owner and delivered to the State, the eligible persons are authorized to proceed with the relocation.

(b) Moving expenses shall not include any cost of construction or improvement at the new location to replace property for which compensation was made in the acquisition of right of way.

(c) In case of a partial taking of right of way by the State, removal from the area being acquired to a remainder area shall be considered a relocation eligible for the collection of moving expenses if removal of personal property of an eligible person is necessary.

(d) Moving expenses shall not include any indirect losses or losses due to negligence.

(e) Where an eligible individual or family occupy bona fide living quarters on the same premises as a business concern (including the operation of a farm) or a nonprofit organization they may be considered as a separate eligible person in determining the amount of payment for residential moving costs.

(f) After an eligible person has vacated the property, no moving expense payments will thereafter be eligible to any party with respect to the subsequent occupancy of the same property.

1 CRR-NY 361.4 Provisions applicable only to commercial moves {#sec-1-crr-ny-361.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 361.4}

(a) The relocation payments in which the State funds may participate may not exceed $3,000 in the case of an owner or tenant of commercial property which shall include property owned or occupied by an individual, family, business concern (including the operation of a farm), and nonprofit organization. In the case of a business organization, the distance, measured by a straight line, from the point from which such business or organization was displaced to the point of relocation, shall be regarded as follows: if this distance exceeds 50 miles, the amount in which State funds will participate shall not exceed the cost of moving 50 miles or shall not exceed the cost beyond the New York State boundary line; if such boundary is within 50 miles.

(b) In the case of moving a business concern, nonprofit organization or the operation of a farm, any necessary storage during the adjustment of improvements, but not in excess of six months, may be considered as part of the moving costs.

1 CRR-NY 361.5 Provisions applicable only to residential moves {#sec-1-crr-ny-361.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 361.5}

(a) The relocation payments in which the State funds may participate may not exceed $300 in the case of an individual or family occupying residential property and shall be made in accordance with the schedule of payments in fixed amounts as set forth herein, in lieu of payments of reasonable and necessary actual expenses.

(b) Providing a building or structure acquired by acquisition is returned to the owner under an agreement of adjustment as a part of the consideration in the claim, the owner will not be entitled to collect moving expenses unless all or a very substantial amount of their personal effects, furniture, and household equipment are removed from the structure before the building itself is moved, in which case the number of rooms where the furniture and household equipment are removed from will be counted in conformance with the schedule of fixed moving expenses outlined below.

(c) Providing an agreement of adjustment is made with the owner of a trailer or mobile home which has been acquired by the State as real property and the trailer or mobile home is returned to the owner under an agreement of adjustment as part of the consideration in the claim, no allowance will be made to the owner upon the removal of the entire trailer or mobile home from the premises unless it is necessary to remove all of their personal effects, household equipment and furniture from the trailer or mobile home before it is moved.

(d) Where more than one eligible individual or family occupy the same premises and moved to new locations, each eligible individual or family may qualify for relocation; however, their joint claim for moving expenses shall not exceed the fixed moving expenses for the total number of rooms occupied jointly by such persons.

1 CRR-NY 361.6 Fixed moving expenses for residential individuals and families {#sec-1-crr-ny-361.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 361.6}

(a) A flat fixed sum will be allowed for moving expenses (provided application therefor is made within six months of completion of move) based upon the terms and conditions of all of this Part to eligible persons which shall cover all items and incidentals necessary to the vacating of the premises acquired or being acquired by the State, according to the following number of counted rooms from which the individual or family moves:

| Number of Counted Rooms | Amount | | --- | --- | | 1 | $ 45 | | 1½ | 54 | | 2 | 63 | | 2½ | 72 | | 3 | 81 | | 3½ | 88 | | 4 | 95 | | 4½ | 102 | | 5 | 108 | | 5½ | 115 | | 6 | 122 | | 6½ | 129 | | 7 | 135 | | 7½ | 142 | | 8 | 149 | | 8½ | 156 | | 9 | 162 | | 9½ | 169 | | 10 | 176 | | 10½ | 183 | | 11 | 189 | | 11½ | 196 | | 12 | 203 | | 12½ | 210 | | 13 | 216 | | 13½ | 223 | | 14 | 230 | | 14½ | 237 | | 15 | 243 | | 15½ | 250 | | 16 | 257 | | 16½ | 264 | | 17 | 270 | | 17½ | 277 | | 18 | 284 | | 18½ | 291 | | 19 | 297 | | 19½and over | 300 |

(b) Tenants in furnished rooms, furnished apartments, and housetrailers where the principal household furniture and equipment is owned by the operator of such a facility and when such tenant furnishes and uses in such facilities a nominal amount of his own household equipment, under such circumstances an individual upon proper application and verification of the claim will be paid $10 upon vacating the premises and two or more persons occupying such facilities as a family and who own and use a nominal amount of their own furniture and household equipment will be paid $20 upon vacating the facility.

(c) When a trailer is owner occupied and it is affixed to the ground and determined to be real property and compensated for in the acquisition as such, the owner will be allowed the fixed sum of $50 for vacating and removing all of their own personal effects that are not considered part of the realty.

(d) In the case of a typical trailer park, where a trailer owner is “hitched” to the local water and electric supply and occupies space on a weekly, monthly or term lease rental basis, such a trailer owner when ordered to remove to clear the site of the project will be eligible to collect the flat sum of $50 to move his entire trailer, equipment and appurtenances from the premises.

1 CRR-NY 361.7 Actual moving expenses for business concerns {#sec-1-crr-ny-361.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 361.7}

Moving expenses for business concerns, nonprofit organizations and operation of a farm will be on actual costs based upon receipted bills from recognized movers or in the case of an owner or tenant performing the moving himself, it would be on an actual cost of hiring equipment and personnel at prevailing rates in the community for that type of equipment and personnel. All books and records kept by the owner or tenant shall be subject to review and audit by a State representative during reasonable business hours all of which shall be documented in forms agreeable to the Superintendent of Public Works. Such moving costs shall not include the moving of any fixtures or equipment that were considered as part of the realty in the acquisition of the premises and likewise such costs shall not include any charges at the new location for electric wiring, or plumbing nor for the remodeling, redecorating or reinforcing of the new structure to accommodate the equipment or stock of the individual business concern, nonprofit organization or in the operation of a farm. Whenever moving is performed by a licensed mover operating under regulatory authority, the amount paid as reimbursement for actual moving expenses shall not be in excess of th tariffs filed by such mover with either the Interstate Commerce Commission or the State Public Service Commission as the case may be.

Part 362 NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT IMPLEMENTATION

1 CRR-NY 362.1 Purpose {#sec-1-crr-ny-362.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 362.1}

The purpose of this Part is to carry out the legislative policy expressed in the New York State Environmental Quality Review Act of maintaining a healthful environment for the people of the State of New York, preventing deterioration in the quality of the environment and of requiring consideration of possible significant environmental consequences before action is taken.

1 CRR-NY 362.2 Definitions {#sec-1-crr-ny-362.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 362.2}

For the purposes of the regulations set forth in this Part, these terms are defined as follows:

(a) The term SEQR means the New York State Environmental Quality Review Act.

(b) The term ENCON means the New York State Department of Environmental Conservation.

(c) The term EIS means an environmental impact statement required by SEQR (as implemented by the rules and regulations of ENCON).

1 CRR-NY 362.3 Types of department actions {#sec-1-crr-ny-362.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 362.3}

(a) As required by SEQR, this department has reviewed its statutory authority, regulations, policy, procedures, and the various types of actions with which it is involved. In the light of such review, the department has determined that its actions (with the exception of future capital construction projects) fall within the following categories:

(1) consumer protection;

(2) economic regulation;

(3) prevention and control of plant and animal diseases, and human diseases which are transmitted or vectored by food or animals; and

(4) promotion, and marketing assistance to agriculture. The department finds that all of its actions are Type II actions as defined by section 617.12 of Title 6 and do not have a significant effect upon the environment within the meaning of SEQR and the regulations of ENCON adopted pursuant thereto, and therefore do not require an EIS.

1 CRR-NY 362.4 Capital construction projects {#sec-1-crr-ny-362.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 362.4}

With respect to future capital construction projects which may have a significant effect upon the environment, all applicable provisions of SEQR and Part 617 of Title 6 will be followed by the department.

Part 363 STATE AID TO SOIL AND WATER CONSERVATION DISTRICTS

1 CRR-NY 363.1 Definitions {#sec-1-crr-ny-363.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.1}

For the purposes of this Part, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

(a) Committee means the Soil and Water Conservation Committee of the State of New York.

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

(c) District means a soil and water conservation district in the State of New York.

1 CRR-NY 363.2 Reimbursement applicability—Part A {#sec-1-crr-ny-363.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.2}

Districts shall be eligible for reimbursement by the State to the extent of 50 percent of the amount expended by the district, up to $60,000 per district in any fiscal year, for the employment of conservation field technicians or district managers and the purchase of supplies and equipment related to these positions, for the purpose of supervising or providing technical assistance for the establishment and implementation of soil and water conservation practices in accordance with programs undertaken by the district pursuant to the provisions of section 11-a(1)(a) of the New York State Soil and Water Conservation Districts Law. For the purposes of this section, the soil and water conservation district of New York City shall be considered the equivalent of five districts.

1 CRR-NY 363.3 Filing of reimbursement request {#sec-1-crr-ny-363.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.3}

(a) Each district, utilizing a form provided by the committee, shall submit to the committee at the department's offices at 10B Airline Drive, Albany, NY 12235, detailed and verified claim for reimbursement by February 15th in any year for the calendar year immediately preceding.

(b) The district shall identify the expenditures in the eligible expenditures report for reimbursement. The eligible expenditures report and voucher for reimbursement, along with a copy of the annual financial report, shall be submitted to the committee for review and approval. The committee shall forward the vouchers to the department for further processing.

(c) Eligible expenditures include items from the “ Uniform System of Accounts for Soil and Water Conservation Districts” prepared by the Office of the New York State Comptroller, Division of Local Government and School Accountability, Albany, NY 12225, as last amended.

1 CRR-NY 363.4 Proration of reimbursement claims if in excess of appropriation {#sec-1-crr-ny-363.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.4}

If the total eligible amounts claimed for reimbursement, as approved by the committee and the department, exceed the appropriation therefor, each district would be reimbursed a pro rata amount equivalent to the percentage arrived at by dividing the appropriation by the total eligible reimbursement. For example, if there is a total of $120,000 eligible reimbursement expenditures from districts, and the appropriation is $80,000, each district would receive two thirds of the amount it would be otherwise eligible for.

1 CRR-NY 363.5 Conservation project financial assistance—Part B {#sec-1-crr-ny-363.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.5}

The State shall provide financial assistance to districts, within amounts available, for up to $6,000 annually for the purposes of carrying out projects which conserve, restore and enhance the soil and water resources of the State; assist in the implementation of agricultural best management practices; prevent and reduce agricultural and non-agricultural non-point source water pollution; assist in the control of floods and mitigate flood damage; protect and restore streams and wetlands; protect and restore wildlife and aquatic habitat; assist in the drainage of agricultural lands; prevent impairment of dams and reservoirs; control stormwater run-off, including from construction sites; assist in maintaining the navigability of rivers and harbors; reduce agriculturally generated air pollution; assist the agricultural production of green energy; protect open space; collect and dispose of pesticides; manage public lands; and protect and manage rural and urban forests pursuant to the provisions of section 11-a(1)(b) of the New York State Soil and Water Conservation Districts Law. For the purposes of this funding, the soil and water conservation district of New York City shall be considered the equivalent of five districts.

1 CRR-NY 363.6 Proration of conservation financial assistance {#sec-1-crr-ny-363.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.6}

If the total eligible amounts claimed for conservation project financial assistance, as approved by the committee and the department, exceed the appropriation after reimbursements have been made therefor, each district would be awarded a pro rata amount equivalent to the percentage arrived at by dividing the appropriation by the total eligible amount. For example, if the total eligible amount is $120,000 and the appropriation is $80,000, each district would receive two thirds of the amount it would be otherwise eligible for.

1 CRR-NY 363.7 Filing conservation project financial assistance request {#sec-1-crr-ny-363.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.7}

Each district, utilizing a form provided by the committee, shall submit to the committee at the department's offices at 10B Airline Drive, Albany, NY 12235, a conservation financial assistance request pursuant to this section by November 1st in any year. The information to be submitted by the district shall include, but not be limited to, a description and a budget for an eligible project(s).

1 CRR-NY 363.8 Conservation project financial assistance final report {#sec-1-crr-ny-363.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.8}

Each district, utilizing a form provided by the committee, shall submit to the committee at the department’s offices at 10B Airline Drive, Albany, NY 12235, a conservation project financial assistance final report pursuant to this section by February 15th in any year. The information to be submitted by the district shall include, but not be limited to, a description and a budget for which the funding was expended based on the preapproved project request.

1 CRR-NY 363.9 Performance based conservation financial assistance—Part C {#sec-1-crr-ny-363.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.9}

The State shall provide financial assistance, within amounts available, to districts that qualify pursuant to performance standards to be established by the soil and water conservation committee and the Commissioner of the Department of Agriculture and Markets, pursuant to the provisions of section 11-a(1)(c) of the New York State Soil and Water Conservation Districts Law. For the purposes of this section the soil and water conservation district of New York City shall be considered the equivalent of one district.

1 CRR-NY 363.10 Qualifying for performance based conservation financial assistance—standards {#sec-1-crr-ny-363.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.10}

(a) The committee shall establish annually, within funds appropriated, the percentage of the total performance based conservation financial assistance funds available which shall be allocated to each of the performance standards, as described in this section. The funds allocated to each of the performance standards shall be distributed equally to the qualifying districts within each performance standard. In establishing the percentage of funds to be allocated to each performance standard for any year, the committee shall consider the performance of districts under this section, as a whole, in the previous year and the extent to which they have met or failed to meet the following performance standards which shall include, but not be limited to:

(1) Demonstrating the extent and sufficiency of district board activity, which shall include the number of district board meetings held annually; training of board members and employees; annual audit; establishment and compliance with internal operational policies; and participation at State, regional and national meetings and functions.

(2) District reporting and outreach activities, which shall include presentations, reports, publications, public education and outreach and timely compliance with committee information requests, including an approved annual work plan and an annual report.

(3) Ability of the district to use the funding to leverage additional funds from local, Federal and private sources, which shall also include the district's demonstrated ability to foster partnerships with other entities to further natural resource conservation and provide assistance to governmental and non-governmental entities.

(4) Delivery of State natural resource conservation programs, which shall include the quality of service provided (e.g., staff implementing State programs seek and maintain appropriate certifications, job approval authorities and training as established by the committee), completion of projects, and compliance with reporting requirements for such programs.

(5) Ability of the district to promote partnerships and assist local governments and non-governmental organizations (NGO).

The committee will, upon the filing of a complete request by a district pursuant to section 363.11 of this Part, evaluate the district's performance as described in this section. In order to be eligible for performance based conservation financial assistance pursuant to sections 363.9 and 363.11 of this Part, a district must certify that it is operating in accordance with all policies adopted by the committee pursuant to section 4(4)(a) of the New York State Soil and Water Conservation Districts Law and distributed to districts subsequent to the effective date of this rule.

1 CRR-NY 363.11 Filing performance based conservation financial assistance report {#sec-1-crr-ny-363.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.11}

Each district, utilizing a form provided by the committee, shall submit to the committee headquarters at 10B Airline Drive, Albany, NY 12235, a detailed and verified report pursuant to this section by February 15th in any year of the district's performance for the previous calendar year.

1 CRR-NY 363.12 Performance based conservation financial assistance final report {#sec-1-crr-ny-363.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.12}

Each district, utilizing a form provided by the committee, shall submit to the committee headquarters at 10B Airline Drive, Albany, NY 12235, an annual report of the activities, for which the financial assistance was expended the previous calendar year.

1 CRR-NY 363.13 Limitation of obligation of State aid to soil and water conservation districts {#sec-1-crr-ny-363.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 363.13}

Funding pursuant to this Part shall be provided only to the extent that there is an appropriation made by the New York State Legislature to the department and the committee for this purpose.

Part 364 RENTAL OF BUILDINGS AND GROUNDS OWNED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS

1 CRR-NY 364.1 General {#sec-1-crr-ny-364.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 364.1}

The Department of Agriculture and Markets of the State of New York (department), acting by and through the Commissioner of Agriculture and Markets (commissioner) or his duly authorized representative, may make available for use, by State and local government and private parties, buildings and grounds owned or leased by the department.

1 CRR-NY 364.2 Availability of buildings and grounds {#sec-1-crr-ny-364.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 364.2}

(a) The availability for use of any buildings, grounds or portions thereof, shall be determined by the commissioner in his sole discretion.

(b) Buildings and grounds may be available for use subject to all terms and conditions contained in the department's standard use agreement.

1 CRR-NY 364.3 Requests for use {#sec-1-crr-ny-364.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 364.3}

Requests for use of buildings and grounds may be made to the commissioner or his duly authorized representative. The request shall specifically identify the buildings, grounds or portions thereof to be used, the purpose and duration of the use, and shall include the name, address and telephone number of the individual making the request and the name, address and telephone number of the person, party or governmental entity which will use the buildings and grounds.

1 CRR-NY 364.4 Agreement {#sec-1-crr-ny-364.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 364.4}

(a) Each and every use of buildings and grounds owned or controlled by the department shall be upon such terms and conditions contained in an agreement to be furnished by the department.

(b) No alteration or modification of the agreement is permitted without the prior written consent of the commissioner or his duly authorized representative.

(c) Use or occupancy of any buildings and grounds owned or controlled by the department shall not be permitted prior to execution of the agreement.

(d) Use charges will reflect charges for the space occupied and, if practical, charges for utilities and other services provided to the user.

1 CRR-NY 364.5 Off-season use of buildings and grounds at the New York State Fairgrounds {#sec-1-crr-ny-364.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 364.5}

(a) Buildings and grounds at the New York State Fairgrounds, Syracuse, N.Y., may be available when not in use for the annual New York State Fair or other events sponsored by the department.

(1) A listing of the available buildings and grounds and rate schedule is available from the business manager of the New York State Fair.

(2) The rate schedule shall be approved annually by the commissioner and shall be effective for a 12-month fiscal year commencing April 1st and ending on the following March 31st. No deviation from the rate schedule shall be allowed except upon the written authorization of the Commissioner of Agriculture and Markets or his duly authorized representative.

(b) Written requests for rental of buildings and grounds shall be made to the business manager at the New York State Fairgrounds, Syracuse, N.Y.

(c) User shall execute a standard form “Agreement for Use of Buildings and Grounds” provided by the department and shall comply with all provisions of that agreement.

1 CRR-NY 364.6 Waiver of charges {#sec-1-crr-ny-364.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 364.6}

(a) Charges for the use of buildings and grounds may be waived by the commissioner upon receipt of a written request from the prospective user stating the grounds for the requested waiver. The grounds upon which a waiver request may be based include, but are not limited to, the rendition of services to the department or the New York State Fair by the prospective user, or that the proposed use will benefit, either directly or indirectly, the statutorily identified objectives of the department.

(b) The director of the State Fair may waive charges for the use of buildings and grounds at the New York State Fairgrounds by a State or local agency or State or local governmental entity upon receipt of a written request from the prospective user.

1 CRR-NY 364.7 Use of exhibit space during the annual New York State Fair {#sec-1-crr-ny-364.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 364.7}

(a) Exhibit space, as available, may be used during the annual New York State Fair.

(b) Written application for such use shall be made in writing to the Business Manager, New York State Fairgrounds, Syracuse, N.Y.

(c) Applications may be granted, in the sole discretion of the commissioner or his duly authorized representative, based upon the availability, purpose and activity proposed to be conducted by the user, giving consideration to the principle that the annual New York State Fair is the showplace of New York agriculture and commerce.

(d) Applications will be considered in the order in which they are received.

(e) Preference will be given to applicants who have previously exhibited at the Fair and have fully complied with the terms and conditions of the agreement.

(f) All users shall execute a standard form “Space and Privilege Agreement” provided by the department.

Part 365 ACCESS TO RECORDS PURSUANT TO THE PERSONAL PRIVACY PROTECTION LAW

1 CRR-NY 365.1 Scope and purpose {#sec-1-crr-ny-365.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 365.1}

This Part sets forth the procedures governing requests made by data subjects, as defined herein, to the department pursuant to Public Officers Law, article 6-A, known as the Personal Privacy Protection Law for access to department records pertaining to said data subjects and the procedures governing the retention and timely disposal of records pursuant to said article. This Part is promulgated pursuant to subdivision 2 of section 94 of the Public Officers Law and paragraph (i) of subdivision 1 of said section, which requires each agency maintaining a system of records to promulgate rules setting forth such procedures.

1 CRR-NY 365.2 Definitions {#sec-1-crr-ny-365.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 365.2}

For the purposes of this Part, the following terms shall have the following meanings:

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

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

(c) Main address means Building 8, State Campus, Albany, N.Y. 12235.

(d) Regional office means one of the following regional offices of the department:

(1) New York City Regional Office, 50th Floor, Two World Trade Center, New York, N.Y. 10047.

(2) Syracuse Regional Office, 2100 Park Street, Syracuse, N.Y. 13208.

(3) Buffalo Regional Office, 125 Main Street, Buffalo, N.Y. 14203.

(4) Rochester Regional Office, 900 Jefferson Road, Rochester, N.Y. 14623.

(5) Riverhead Regional Office, 127 East Main Street, Riverhead, N.Y. 11901.

(e) Normal business hours means the hours from 8:30 a.m. to 4:30 p.m.

(f) Committee means the committee on open government as constituted pursuant to subdivision 1 of section 89 of the Public Officers Law.

(g) Data subject means any natural person about whom personal information has been collected by an agency.

(h) Privacy compliance officer means the department employee designated by the commissioner pursuant to subparagraph (j) of subdivision 1 of section 94 of the Public Officers Law, as the person responsible for ensuring that the department complies with all of the provisions of article 6-A of the Public Officers Law.

(i) Reviewing official means the person designated by the commissioner pursuant to subdivision 3 of section 95 of the Public Officers Law to receive and determine appeals from data subjects whose requests, pursuant to article 6-A of the Public Officers Law, have been denied.

(j) Disclose means to reveal, release, transfer, disseminate or otherwise communicate personal information or records orally, in writing or by electronic or any other means other than to the data subject.

(k) Governmental unit means any governmental entity performing a governmental or proprietary function for the Federal government or for any state or any municipality thereof.

(l) Law means State or Federal statute, rule or regulation.

(m) Personal information means any information concerning a data subject, which because of name, symbol, mark or other identifier, can be used to identify that data subject.

(n) Record means any item, collection or grouping of personal information about a data subject which is maintained and retrievable by use of the name or other identifier of the data subject. The term record shall not include personal information which is not used to make any determination about the data subject if it is:

(1) a telephone book or directory which is used exclusively for telephone and directory information;

(2) any card catalog, book or other resource material in any library;

(3) any compilation of information containing names and addresses only which is used exclusively for the purpose of mailing agency information;

(4) personal information required by law to be maintained, and required by law to be used only for statistical research or reporting purposes;

(5) information requested by the agency which is necessary for the agency to answer unsolicited requests by the data subject for information; or

(6) correspondence files.

(o) System of records means any group of records under the actual or constructive control of the department pertaining to one or more data subjects from which personal information is retrievable by use of the name or other identifier of a data subject.

(p) Public safety agency record means a record of the Commission of Corrections, the temporary State Commission of Investigation, the Department of Correctional Services, the Division for Youth, the Division of Parole, the Crime Victims Board, the Division of Probation or the Division of State Police or of any agency or component thereof whose primary function is the enforcement of civil or criminal statutes if such record pertains to investigation, law enforcement, confinement of persons in correctional facilities or supervision of persons pursuant to criminal conviction or court order, and any records maintained by the Division of Criminal Justice Services pursuant to sections 837, 837-a, 837-b, 837-c, 838, 839, 845 and 845-a of the Executive Law.

1 CRR-NY 365.3 Procedure for determining existence of record {#sec-1-crr-ny-365.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 365.3}

The procedure by which a data subject may learn if a system of records contains any record pertaining to him or her shall be the same as that set forth in this Part for making a request for a record.

1 CRR-NY 365.4 Request for record {#sec-1-crr-ny-365.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 365.4}

(a) A request from a data subject for access to a record pertaining to him or her shall be made in writing to the department's privacy compliance officer at the main office of the department and shall reasonably describe the record sought provided that the department may make a record available upon oral request.

(b) Requests from data subjects for access to records shall be accepted by the department during normal business hours.

(c) Upon receipt of an oral or written request from a data subject for access to a record pertaining to him or her, the department may require the data subject to produce proof of identity, such as a driver's license or other identification, which verifies the identity of the data subject making the request. The department may require that said proof of identity be produced during normal business hours at a location near the residence of the data subject, such as the nearest regional office of the department, whenever reasonable, or by mail. When production of proof of identity at such a location or by mail would not be reasonable, the department may require that proof of identity be produced during normal business hours at the main office of the department.

(d) Within five business days of the receipt of a written request from a data subject for a record reasonably described pertaining to that data subject, the department shall:

(1) make such record available to the data subject;

(2) deny such request in whole or in part and provide the reasons therefor in writing; or

(3) furnish a written acknowledgment of the receipt of such request and a statement of the approximate date within 30 days of the date of acknowledgment, that the request will be decided.

(e) Whenever a data subject is granted access to a record pursuant to article 6-A of the Public Officers Law, the department shall provide the data subject such access during normal business hours at the department's main address or when reasonable, at a regional office convenient to the data subject or by mail.

(f) If access to a record is granted to a data subject pursuant to this Part, the department shall, upon the request of the data subject and upon the payment of or offer to pay the fee prescribed by section 89 of the Public Officers Law, provide the data subject with a copy of the record requested and shall certify of such copy to be a true copy of such record if necessary and if requested.

(g) Any record made available pursuant to this Part shall be made available in a printed or written form without any codes or symbols, unless accompanied by a document fully explaining such codes or symbols. Upon the data subject's voluntary request the department shall permit a person of the data subject's choosing to accompany the data subject when reviewing and obtaining a copy of a record, provided that the department may require the data subject to furnish a written statement authorizing discussion of the record in the accompanying person's presence.

1 CRR-NY 365.5 Amendment of records {#sec-1-crr-ny-365.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 365.5}

Within 30 business days of receipt of a written request from a data subject for correction or amendment of a record or personal information, reasonably described, pertaining to that data subject, which he or she believes is not accurate, relevant, timely or complete, the department shall:

(a) make the correction in whole or in part and inform the data subject that upon his or her request such correction or amendment will be provided to any or all persons or governmental units to which the record or personal information has been or is disclosed, pursuant to paragraph (c) of subdivision 3 of section 94 of the Public Officers Law; or

(b) inform the data subject of its refusal to correct or amend the record and its reasons therefor.

1 CRR-NY 365.6 Appeal {#sec-1-crr-ny-365.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 365.6}

(a) Any data subject whose request under section 365.4 or 365.5 of this Part is denied in whole or in part may, within 30 business days, appeal such denial in writing to the commissioner or the department's reviewing official at the department's main address. The commissioner or reviewing official shall, within seven business days of the receipt of an appeal concerning denial of access, or within 30 business days of the receipt of an appeal concerning denial of correction or amendment either:

(1) provide access to or correction or amendment of the record sought and inform the data subject that upon his or her request, such correction or amendment will be provided to any or all persons or governmental units to which the record or personal information has been or is disclosed, pursuant to paragraph (c) of subdivision 3 of section 94 of the Public Officers Law; or

(2) fully explain in writing to the data subject the factual and statutory reasons for further denial and inform the data subject of his or her right to seek judicial review of the department's determination pursuant to section 97 of the Public Officers Law.

(b) The department shall immediately forward a copy of such appeal, the determination thereof and the reasons therefor to the committee.

(c) If a correction or amendment of a record is denied in whole or in part upon appeal, the department shall inform the data subject of the right to file with the department a statement of reasonable length setting forth the reason for disagreement with the department's determination and that, upon request, his or her statement of a disagreement will be provided to any or all persons or governmental units to which the record has been or is disclosed, pursuant to paragraph (c) of subdivision 3 of section 94 of the Public Officers Law. With respect to any personal information about which a data subject has filed a statement of disagreement, the department shall clearly note any portions of the record which are disputed, and shall attach the data subject's statement of disagreement as part of the record. When providing the data subject's statement of disagreement to other persons or governmental units pursuant to paragraph (c) of subdivision 3 of section 94 of the Public Officers Law, the department may, if it deems appropriate, also include in the record a concise statement of the department's reasons for not making the requested statement.

1 CRR-NY 365.7 Retention and timely disposal of records {#sec-1-crr-ny-365.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 365.7}

Department records shall be retained and timely disposed of pursuant to section 186 of the State Finance Law and the regulations promulgated thereunder, 9 NYCRR 295, paragraph (e) of subdivision 1 of section 94 of the Public Officers Law and paragraph (b) of subdivision 3 of said section.

1 CRR-NY 365.8 Exemptions {#sec-1-crr-ny-365.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 365.8}

(a) Pursuant to paragraph (a) of subdivision 5 of section 95 of the Public Officers Law, unless access by a data subject is otherwise authorized or required by law, personal information compiled for law enforcement purposes is exempt from the operation of said section and from the operation of this Part, which is promulgated to implement said section, if such information would, if disclosed:

(1) interfere with law enforcement investigations or judicial proceedings;

(2) deprive a person of a right to a fair trial or impartial adjudication;

(3) identify a confidential source or disclose confidential information relating to a criminal investigation; or

(4) reveal criminal investigative techniques or procedures except routine techniques and procedures.

(b) Pursuant to paragraph (b) of subdivision 5 of section 95 of the Public Officers Law, when providing a data subject with access to personal information that is maintained by a licensing or franchise-approving agency or component thereof for the purpose of determining whether administrative or criminal action should be taken to restrain or prosecute purported violations of law, or to grant, deny, suspend, or revoke a professional, vocational or occupational license, certification or registration, or to deny or approve a franchise, information described in paragraph (b) of subdivision 7 of section 94 of said law, the department may withhold the identity of a source who furnished said information under an express promise that his or her identity would be held in confidence. Nothing in this subdivision shall, however, require the department to provide access to any record or personal information that it is not otherwise required by law to divulge.

(c) Pursuant to subdivision 6 of section 95 of the Public Officers Law, nothing in said section or in this Part, which is promulgated to implement said section, shall require the department to provide a data subject with access to:

(1) personal information to which he or she is specifically prohibited by statute from gaining access;

(2) patient records concerning mental disability or medical records where such access is not otherwise required by law;

(3) personal information pertaining to the incarceration of an inmate at a State correctional facility which is evaluative in nature or which, if such access was provided, could endanger the life or safety of any person, unless such access is otherwise permitted by law or by court order; or

(4) attorney's work product or material prepared for litigation before judicial, quasi-judicial or administrative tribunals, as described in subdivisions (c) and (d) of section 3101 of the Civil Practice Law and Rules, except pursuant to statute, subpoena issued in the course of criminal action or proceeding, court ordered or grand jury subpoena, search warrant or other court ordered disclosure.

(d) Pursuant to subdivision 7 of section 95 of the Public Officers Law, neither said section, nor this Part, which is promulgated to implement said section, shall apply to public safety agency records.

(e) Pursuant to subdivision 8 of section 95 of the Public Officers Law, nothing in said section, or in this Part, which is promulgated to implement said section, shall limit, restrict, abrogate or deny any right a person may otherwise have, including rights granted pursuant to the State or Federal Constitution, law or court order.

1 CRR-NY 365.9 Severability {#sec-1-crr-ny-365.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 365.9}

If any provision of this Part or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.

Part 366 DEPARTMENT EMPLOYEES DESIGNATED AS PEACE OFFICERS

1 CRR-NY 366.1 Department employees designated as peace officers {#sec-1-crr-ny-366.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 366.1}

Employees working in the Department of Agriculture and Markets under the title of Confidential Investigator are hereby designated as peace officers pursuant to Criminal Procedures Law, section 2.10(6).

Part 367 PROCEDURES ON ADJUDICATORY PROCEEDINGS AND APPEALS

1 CRR-NY 367.1 Definitions {#sec-1-crr-ny-367.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.1}

For the purposes of this Part, the following terms shall have the following meanings:

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

(b) Adjudicatory proceeding means any activity in which a determination of the legal rights, duties or privileges of named parties thereto is required by law to be made only on a record and after an opportunity for a hearing, provided that rule making proceedings and employee disciplinary actions before the department shall not be adjudicatory proceedings for the purposes of this Part.

(c) Person means any individual, partnership, corporation, association or public or private organization of any character other than the department.

(d) Party means any person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party; but nothing herein shall be construed to prevent the department from admitting any person or agency as a party for limited purposes.

1 CRR-NY 367.2 Opportunity for hearing {#sec-1-crr-ny-367.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.2}

In an adjudicatory proceeding, all parties shall be afforded an opportunity for hearing within a reasonable time, said time to be, unless otherwise provided by statute or regulation, 120 days from the department's receipt of a complete application for a license or permit or other accrual of a right to an opportunity to be heard, or in a proceeding to consider suspending or revoking an existing license or permit, from the department's issuance of a notice of hearing, provided that the department may extend said period for good cause, including but not limited to the need for further investigation, pending judicial proceedings, the convenience of witnesses, parties, department personnel and hearing officers, or extraordinary circumstances, and further provided that this section shall be directional rather than jurisdictional and shall not affect or impair in any way the validity of any adjudicatory proceeding.

1 CRR-NY 367.3 Notice {#sec-1-crr-ny-367.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.3}

All parties shall be given reasonable notice of an adjudicatory hearing, which notice shall include the following:

(a) a statement of the time, place, and nature of the hearing;

(b) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(c) a reference to the particular sections of the statutes and rules involved, where possible;

(d) a clear and detailed statement of all allegations and matters asserted; and

(e) a statement that interpreter services shall be made available to deaf persons at no charge pursuant to section 301 of the State Administrative Procedure Act.

1 CRR-NY 367.4 More definite and detailed statement {#sec-1-crr-ny-367.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.4}

Upon application of any party, a more definite and detailed statement shall be furnished whenever the department finds that the statement is not sufficiently definite or not sufficiently detailed. The finding of the department as to the sufficiency of definiteness or detail of the statement or its failure or refusal to furnish a more definite or detailed statement shall not be subject to judicial review. Any statement furnished shall be deemed, in all respects, to be a part of the notice of hearing.

1 CRR-NY 367.5 Opportunity to present written argument {#sec-1-crr-ny-367.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.5}

All parties shall be afforded an opportunity to present written argument on issues of law and an opportunity to present evidence and such argument on issues of fact; provided, however, that nothing contained herein shall be construed to prevent the department from allowing parties to present oral argument within a reasonable time. In fixing the time and place for hearings and oral argument, due regard shall be had for the convenience of the parties. Parties may also file answers and responsive pleadings.

1 CRR-NY 367.6 Appointment of interpreter {#sec-1-crr-ny-367.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.6}

Whenever any deaf person is a party to an adjudicatory proceeding before the department, or a witness therein, the department shall in all instances appoint a qualified interpreter of the deaf to interpret the proceedings to, and the testimony of, such deaf person. The department shall determine a reasonable fee for all such interpreting services which shall be a charge upon the department.

1 CRR-NY 367.7 Disposition {#sec-1-crr-ny-367.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.7}

Unless precluded by statute, disposition may be made of any adjudicatory proceeding by stipulation, agreed settlement, consent order, default or other informal method, provided that nothing herein shall be construed to require any such disposition.

1 CRR-NY 367.8 Record {#sec-1-crr-ny-367.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.8}

(a) The record in an adjudicatory proceeding shall include:

(1) all notices, pleadings, motions, intermediate rulings;

(2) the evidence presented;

(3) a statement of matters officially noticed, except matters so obvious that a statement of them would serve no useful purpose.

(4) questions and offers of proof, objections thereto, and rulings thereon;

(5) proposed findings and exceptions, if any;

(6) any findings of fact, conclusions of law or other recommendations made by a hearing officer; and

(7) any decision, determination, opinion, order or report rendered.

(b) The department shall make a complete record of all adjudicatory proceedings conducted before it. For this purpose, unless otherwise required by statute, the department may use whatever means it deems appropriate, including, but not limited to the use of stenographic transcriptions or electronic recording devices. Upon request made by any party upon the department within a reasonable time, but prior to the time for commencement of judicial review, of its giving notice of its decision, determination, opinion or order, the department shall prepare the record, together with any transcript of proceedings within a reasonable time and shall furnish a copy of the record and transcript or any part thereof to any party as he may request. Except when any statute provides otherwise, the department is authorized to charge not more than its cost for the preparation and furnishing of such record or transcript or any part thereof, or the rate specified in the contract between the department and a contractor, if prepared by a private contractor; and

(c) Findings of fact shall be based exclusively on the evidence and on matters officially noted.

1 CRR-NY 367.9 Hearing officers {#sec-1-crr-ny-367.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.9}

Except as otherwise provided by statute, the department, one or more members of the department, or one or more hearing officers designated and empowered by the department to conduct hearings shall preside as hearing officers. Hearings shall be conducted in an impartial manner. Upon filing in good faith by a party of a timely and sufficient affidavit of personal bias or disqualification of a hearing officer, the department shall determine the matter as part of the record in the case, and its determination shall be a matter subject to judicial review at the conclusion of the adjudicatory proceedings. Whenever a hearing officer is disqualified or it become impractical for him to continue the hearing, another hearing officer may be assigned to continue with the case unless it is shown that substantial prejudice will result therefrom.

1 CRR-NY 367.10 Powers of hearing officers {#sec-1-crr-ny-367.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.10}

Except as otherwise provided by statute, hearing officers are authorized to:

(a) administer oaths and affirmations;

(b) sign and issue subpoenas in the name of the department at the request of any party requiring attendance and giving of testimony by witnesses and the production of books, papers, documents and other evidence and said subpoenas shall be regulated by the Civil Practive Law and Rules, provided that nothing contained herein shall affect the authority of an attorney for a party to issue subpoenas under the provisions of the Civil Practice Law and Rules;

(c) provide for the taking of testimony by deposition;

(d) regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of briefs and other documents, if any; and

(e) direct the parties to appear and confer to consider the simplification of the issues by consent by the parties, provided that nothing herein shall be construed as requiring any such directives.

1 CRR-NY 367.11 Burden of proof {#sec-1-crr-ny-367.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.11}

Except as otherwise provided by statute, the burden of proof shall be on the party who initiated the proceeding. No decision, determination or order shall be made except upon consideration of the record as a whole or such portion thereof as may be cited by any party to the proceeding and except where otherwise provided by statute, as supported by and in accordance with substantial evidence.

1 CRR-NY 367.12 Rules of evidence {#sec-1-crr-ny-367.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.12}

Unless otherwise provided by any statute the rules of evidence observed by courts need not be observed, but the rules of privilege recognized by law shall be given effect. Objections to evidentiary offers may be made and shall be noted in the record. Irrelevant or unduly repetitious evidence or cross-examination may be excluded. Subject to these requirements, for the purpose of expediting hearings and when the interests of parties will not be substantially prejudiced thereby, the submission of all or part of the evidence in written form may be permitted, provided that nothing herein shall be construed as requiring that such a submission be permitted.

1 CRR-NY 367.13 Documentary evidence {#sec-1-crr-ny-367.13 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.13}

Evidence, including records and documents in the possession of the department of which the department desires to avail itself shall be offered and made a part of the record, and all such documentary evidence may be received in the form of copies or excerpts or by incorporation by reference, provided that materials incorporated by reference shall be available for examination by the parties before being received in evidence.

1 CRR-NY 367.14 Cross-examination {#sec-1-crr-ny-367.14 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.14}

All parties shall have the right of cross-examination.

1 CRR-NY 367.15 Official notice {#sec-1-crr-ny-367.15 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.15}

Official notice may be taken of all facts of which judicial notice could be taken and of other facts within the specialized knowledge of the department. When official notice is taken of a material fact not appearing in the evidence in the record and of which judicial notice could not be taken, every party shall be given notice thereof and shall on timely request be afforded an opportunity prior to decision to dispute the fact or its materiality.

1 CRR-NY 367.16 Decisions, determination and orders {#sec-1-crr-ny-367.16 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.16}

A final decision, determination or order adverse to a party in an adjudicatory proceeding shall be in writing or stated in the record and shall include findings of fact and conclusions of law or reasons for the decision, determination or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision, determination or order shall be delivered or mailed forthwith to each party and to his attorney of record.

1 CRR-NY 367.17 Ex parte communications {#sec-1-crr-ny-367.17 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.17}

Unless required for the disposition of ex parte matters authorized by law, members or employees of the department assigned to render a decision or to make findings of fact and conclusions of law in an adjudicatory proceeding shall not communicate directly or indirectly, in connection with any issue of fact, with any person or party, nor in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. Members and employees of the department may communicate with other members and employees of the department, and may have the advice of department staff other than staff which has been or is engaged in the investigative or prosecuting functions in connection with the case under consideration or factually related cases.

1 CRR-NY 367.18 Index of decisions, determinations and orders {#sec-1-crr-ny-367.18 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 367.18}

The department shall maintain an index by name and subject of all written final decisions, determinations and orders rendered by the department in adjudicatory proceedings. Such index and the text of any such written final decision, determination or order shall be available for public inspection and copying. Each decision, determination and order shall be indexed within 60 days after having been rendered. The department may delete from any such index, decision, determination or order any information that, if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of subdivision 2 of section 89 of the Public Officers Law and may also delete at the request of any person all references to trade secrets that, if disclosed, would cause substantial injury to the competitive position of such person. Information which would reveal confidential material protected by Federal or State statute, shall be deleted from any such index, decision, determination or order.

Part 368 PROCEDURES FOR DECLARATORY RULINGS

1 CRR-NY 368.1 General procedures {#sec-1-crr-ny-368.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 368.1}

(a)

(1) Petitions submitted pursuant to the State Administrative Procedure Act requesting the discretionary issuance of a declaratory ruling shall be in writing, subscribed by the petitioner and submitted to the Counsel of the Department of Agriculture and Markets either personally or by first-class mail addressed to the Counsel at the main offices of the department, One Winners Circle, Capital Plaza, Albany, NY 12235.

(2) The petition shall include the name and address of the petitioner, a statement that a declaratory ruling is requested, a reference to the applicable rule, statute or action involved, a complete statement of the facts and circumstances prompting the petition, a full disclosure of petitioner's interest in the ruling and a reference to any pending administrative or judicial proceedings known to the petitioner involving the same or similar facts or issues, and any other information known by the petitioner to be relevant to consideration of the ruling requested. When a petition pertains to only one step of a larger transaction or fact situation, all relevant facts and circumstances with respect to that larger transaction or fact situation shall be included in the petition.

(b) Petitions for declaratory rulings shall be referred to the appropriate division director of the Department of Agriculture and Markets who, together with the counsel, shall recommend to the commissioner that a declaratory ruling be issued, or that it be declined, on the grounds that the petition is incomplete, ambiguous, or that a ruling would be inappropriate or unnecessary under the facts and circumstances recited in the petition.

(c) The issuance of a declaratory ruling shall be wholly within the discretion of the commissioner and nothing in this section shall require the issuance of any such ruling.

(d) No opinion, letter or other communication by the commissioner, the department, or by any other officer or employee of the department, shall be deemed a declaratory ruling unless it contains a statement that it is such a ruling.

(e) Each petition submitted in accordance with this Part shall be deemed filed on the day it is received by the department. Each petition shall be reviewed by the commissioner and either a ruling shall be issued or the petitioner shall be notified that no declaratory ruling will be issued. A declaratory ruling on the necessity of promulgating a rule to take an action shall be issued within 60 days; all other rulings shall be issued within 30 days. In the event that the commissioner fails to act on a petition within the requisite time period the request for a petition shall be deemed to have been denied.

(f) All declaratory rulings shall be available for public access and inspection pursuant to Part 360 of this Title.

Part 369 EXHIBITION AND SOLICITATION AT THE NEW YORK STATE FAIR

1 CRR-NY 369.1 Soliciting at New York State Fair {#sec-1-crr-ny-369.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 369.1}

Agriculture and Markets Law, §§ 18 and 31-b

No person, partnership, corporation or other entity shall sell or offer for sale any article or service, solicit funds or distribute or display handbills, cards or advertisements of any nature, or engage in any business or commercial activity of any nature on or within the limits of the New York State Fairgrounds, unless licensed by the New York State Department of Agriculture and Markets, Division of the State Fair, to do so. Application for such license shall be made to the Director of the Division of the State Fair, Syracuse, New York.

1 CRR-NY 369.2 Issuance of solicitor's license {#sec-1-crr-ny-369.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 369.2}

Licenses shall be issued in the order in which applications are received and on a nondiscriminatory basis, without regard to the content of the message the applicant wishes to convey, except in the case where such message is clearly against public policy, shocks the collective conscience of the general public, or is directly contrary to the health, safety or welfare of members of the general public. However, at no time shall one type of exhibition become so dominant over the whole so as to prevent the Division of the State Fair from offering a varied and effective group of exhibitions.

1 CRR-NY 369.3 Denial or revocation of solicitor's license {#sec-1-crr-ny-369.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 369.3}

The Director of the Division of the State Fair may decline to grant a solicitor's license, or may suspend or revoke a license already granted, whenever he finds that:

(a) any statement contained in the application for the license is or was false or misleading;

(b) the applicant or licensee does not have adequate equipment, personnel or insurance to conduct the proposed activity;

(c) the facilities of the fairgrounds are not adequate to accommodate the proposed activity;

(d) the activity proposed or conducted by the applicant or licensee is in violation of any provision of State, Federal or local law or regulation; or

(e) the applicant or licensee, its agents or employees have violated any rule or regulation of the New York State Department of Agriculture and Markets relating to the New York State Fair.

1 CRR-NY 369.4 Exhibit and booth standards {#sec-1-crr-ny-369.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 369.4}

Prior to the issuance of a solicitor's license, every applicant shall enter into a lease for a designated space on the State Fairgrounds. Each licensee shall operate within that space, provided that:

(a) each booth or exhibit shall require a separate lease;

(b) no booth or exhibit shall be operated in a manner which presents a safety hazard, nor shall any equipment be used which is not in good, safe operating condition. No material shall be used in the construction of a booth or exhibit which is not sufficient to meet the intended use. All booth decoration materials in any booth or exhibit shall be of a fireproof material;

(c) no person shall place any object in front of any booth or exhibit or in the aisles surrounding any booth or exhibit. No signs, advertising or other materials shall overhang any aisle or public way;

(d) no booth or exhibit shall exceed eight feet in height, unless written permission is first obtained from the Division of the State Fair;

(e) no person shall affix any sign, plaque or merchandise to the walls of any building on the State Fairgrounds;

(f) no person shall in any way block or impede ingress or egress to or from the entrances and exits;

(g) all booths and exhibits must be open and operate daily and continuously from 10 a.m. to 10 p.m. from the opening day of the Fair until the closing day of the Fair, unless written permission to do otherwise is first obtained from the Division of the State Fair;

(h) false or misleading advertising is prohibited;

(i) each licensee shall conspicuously post and display the license required herein at the licensee's designated space;

(j) no person shall touch, contact or place any object upon any other person on the fairgrounds without the person's prior consent;

(k) a licensee may solicit only from the space designated in the lease between the licensee and the Division of the State Fair;

(l) occupancy of space leased by a licensee shall be limited to the licensee, its agents and employees. No licensee shall sublet the designated space or any portion thereof;

(m) a licensee shall follow the instructions of the management of the building within which the licensee's booth is located;

(n) no motion picture or other audiovisual demonstration may be exhibited without prior written consent of the Division of the State Fair. Said demonstration shall not interfere with the activities of other licensees;

(o) no person shall conduct a raffle or similar activity on the fairgrounds without the prior written consent of the Division of the State Fair. All drawings or awards must be made in the presence of management of the fair, and winner's names and addresses must be conspicuously posted after such drawing or award;

(p) a licensee shall maintain the leased space and the surrounding area in a clean, orderly and sanitary fashion and, at the close of each day of the fair, shall clean such area to the satisfaction of the management of the building in which such booth or exhibit is contained;

(q) a licensee shall be responsible for the removal of any exhibit and all materials used thereon at the close of the fair. Any exhibit not removed within 48 hours of the close of the fair shall be removed and disposed of by the Division of the State Fair or stored by said division, in its sole discretion, at the expense of the licensee;

(r) a licensee shall be solely responsible for safeguarding the leased space and the materials located thereon. The Division of the State Fair or Department of Agriculture and Markets shall not be responsible for or guarantee the safety of any space or material against fire, accident, theft, or any loss or injury whatsoever;

(s) no licensee shall use any propane gas or flammable gas or material of any kind in his leased space;

(t) a licensee shall be liable for all damage to the grounds and buildings on the State Fairgrounds arising out of the licensee's activities and shall indemnify the Division of the State Fair and the Department of Agriculture and Markets for all liability which might ensue by reason of those activities; and

(u) each licensee shall supervise its agents and employees and shall be solely responsible for the acts of such agents and employees.

1 CRR-NY 369.5 Violations {#sec-1-crr-ny-369.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 369.5}

The violation of any of the foregoing rules and regulations by a licensee, its agents or employees, shall be grounds for the denial, suspension or revocation of its solicitor's license and the exclusion of the licensee, its agents and employees, from the New York State Fairgrounds. The applicant or licensee shall have the right to appeal the denial, suspension or revocation of a solicitor's license, provided that a notice of appeal is delivered to the deputy commissioner of the Department of Agriculture and Markets in charge of the State Fair or, in his absence, any other person designated by the Commissioner of Agriculture and Markets to hear such appeals, within 10 days of said denial, suspension or revocation. The notice of appeal shall be in writing and shall state the grounds upon which the appeal is based. Said deputy commissioner or other designated person shall render a decision on the appeal and notify the applicant or licensee in writing of that decision within 15 days of his receipt of the notice of appeal. Said decision shall give the ground or grounds for the action taken on the appeal.

Chapter IX AGRICULTURAL DISTRICTS

Part 370 LAND CLASSIFICATION SYSTEM

1 CRR-NY 370.1 Introduction {#sec-1-crr-ny-370.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.1}

There is hereby established a land classification system pursuant to article 25AA of the Agriculture and Markets Law.

1 CRR-NY 370.2 Definitions {#sec-1-crr-ny-370.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.2}

For the purposes of this Part, the following terms shall mean the following:

(a) Agricultural district means a district established pursuant to section 303 or 304 of the Agriculture and Markets Law.

(b) Agricultural districting advisory committee means a committee, established by a county legislative body pursuant to section 302 of the Agriculture and Markets Law, to advise the county legislative body and to work with the county planning board, in relation to the establishment, modification or termination of agricultural districts.

(c) Agricultural soil group means one of ten mineral soil groups or four organic soil groups established by this system.

(d) Agricultural value assessment means an annual assessment of land used in agricultural production which satisfies the requirement of section 305 or 306 of the Agriculture and Markets Law and is thereby subject to an agricultural value ceiling.

(e) Agricultural value per acre means the average value per acre of land used in agricultural production as determined annually on the basis of its agricultural value without consideration for other potential uses.

(f) Assessor means the person having the power to assess property for taxation.

(g) Board means the State Board of Equalization and Assessment.

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

(i) Commitment means a declaration by the owner of land used in agricultural production located outside of an agricultural district that such land will be used exclusively for agricultural production for the next succeeding eight years.

(j) Cultivated land means land used for growing crops, hay, pasture, and permanent pasture for the preceding two years.

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

(l) Farm woodland means any land of two acres of more which is used primarily for the production of woodland products.

(m) Land classification system means the system established by the commissioner incorporating soil productivity and capability for use by the State Board of Equalization and Assessment in determining agricultural value per acre, pursuant to section 304 of the Agriculture and Markets Law.

(n) Mineral soils means all those soils that do not meet the criteria for organic soils established by this Part.

(o) Nonagricultural land means land used for nonagricultural purposes.

(p) Organic soils means muck soils which consist of well-decomposed organic materials ranging in depth from 16 to 100 inches located over mineral soil deposits. The classification of these soils is defined in Soil Taxonomy—A Basic System of Soil Classification for Making and Interpreting Soil Surveys, U.S.D.A. Soil Conservation System, Agricultural Handbook No. 436.

(q) Soil capability means the physical ability of the soil to maintain agricultural production without sustaining damage to the soil structure of the surface layer while being adequately protected from erosion and other means of deterioration.

(r) Soil map means a map, on file with the county soil and water conservation district office, showing the distribution of soil mapping units in relation to the prominent physical and cultural features of the earth's surface.

(s) Soil map unit means the name of a specific kind of soil including its slope and other specific features as designated by a specific soil symbol on a soil map.

(t) Soil productivity means the average yield for a specified crop under a prudent system of management.

(u) Soil productivity index system means the system developed by Cornell University, Department of Agronomy, in cooperation with the U.S.D.A. Soil Conservation Service, Syracuse, NY to be used to establish an individual soil's productivity rating.

(v) Soil scientist means a person having special knowledge of the physical, chemical and biological sciences applicable to the genesis and morphology of soils as natural bodies and of the methods to describe, classify and map soil units. This person must possess a minimum of two years experience in classifying and mapping soils and at least a bachelors degree, with 30 semester hours or equivalent in biology, physical science and earth science with a minimum of 15 semester hours in soil science. Individuals who do not meet the above minimum qualifications but who possess at least 10 years experience mapping soils are qualified if they have completed at least 10 semester hours in soil science.

(w) County soil and water conservation district means the district created pursuant to section 6 of the Soil and Water Conservation Districts Law.

(x) Total digestible nutrients (TDN) means a standard evaluation of the digestibility of a particular livestock feed, including all the digestible organic nutrients: protein, fiber, nitrogen-free extract, and fat.

(y) Universal soil loss equation means an equation used for the design of water erosion control systems. The equation is set forth in Agricultural Handbook #537—Predicting Rainfall Erosion Losses, Science and Education Administration, 1978, as:

A = RK(LS)CP

wherein:

A = average annual soil loss in tons per acre per year

R = rainfall factor

K = soil erodibility factor

(L = length of slope and

S = percent of slope factor)

C = cropping and management factor

P = conservation practice factor

1 CRR-NY 370.3 State land classification system technical committee {#sec-1-crr-ny-370.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.3}

The commissioner shall appoint a State land classification system technical committee. The members shall serve without salary but shall be entitled to reimbursement of their ordinary and necessary travel expenses. It shall be made up of at least one representative from the department, the New York State College of Agriculture and Life Science, the Soil Conservation Committee, the United States Department of Agriculture - Soil Conservation Service, the State Soil and Water Conservation Committee, the New York State Board of Equalization and Assessment and such other members as deemed appropriate. The commissioner shall appoint a chairperson. The committee, at the request of the commissioner, shall provide technical advice to the department, the county soil and water conservation districts, and other involved agencies and shall review county master lists of soil groups to insure consistency within the State system.

1 CRR-NY 370.4 State master list of agricultural soil groups {#sec-1-crr-ny-370.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.4}

The master list of agricultural soil groups for New York State's agricultural land, established and maintained by the department, shall be a list of New York soil map units placed into soil groups, including any subdivisions thereof, based on data developed by the National Cooperative Soil Survey (NCSS) and research data. The master list is established in cooperation with: U.S.D.A. Soil Conservation Service, Cornell University Agricultural Experiment Station and the New York State Cooperative Extension Service using the productivity index system established by section 370.6 of this Part.

1 CRR-NY 370.5 Review and adoption of county master lists of agricultural soil groups {#sec-1-crr-ny-370.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.5}

The county soil and water conservation districts in consultation with the county agricultural districting advisory committee, if such a committee has been established, shall review and adopt a county master list of agricultural soil groups consistent with the applicable State lists or maps.

1 CRR-NY 370.6 Soil productivity index system {#sec-1-crr-ny-370.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.6}

(a) The soil productivity index system shall be used to rank and classify soil map units, representing mineral soils or subdivisions thereof, and classified pursuant to section 370.8 of this Part into mineral soil groups 1 through 10. The commissioner shall assign a specific soil productivity index to each such soil map unit as follows:

(1) A soil map unit that represents the mineral soil that is determined to be capable of producing the most tons of TDN per acre per year shall be assigned a soil productivity index of 100. For the purpose of this paragraph, such soil map unit shall be known as the base soil map unit.

(2) In the case of all other soil map units representing mineral soils, the soil productivity index to be assigned to an individual soil map unit shall be determined by:

(i) dividing the number of tons of TDN per acre per year that the soil map unit is determined to be capable of producing by;

(ii) the number of tons of TDN per acre per year that the base soil map unit is determined to be capable of producing; and

(iii) by multiplying the resulting quotient by 100.

(b) The number of tons of TDN per acre per year that a mineral soil's soil map unit is capable of producing shall be determined as follows:

(1) One or more crops shall be selected on the basis of their significance to agriculture in New York State.

(2) A maximum rotation for the selected crops shall be derived by using the universal soil loss equation, considering prudent management necessary to maintain soil productivity and capability.

(3) Yields, expressed in tons or other appropriate unit of measurement per acre per year, shall be estimated for each of the selected crops and shall be weighted in accordance with the relative importance of each of the selected crops in the rotation.

(4) TDN factors shall be developed for each of the selected crops.

(5) The number of tons of TDN per acre per year shall be calculated by multiplying the weighted yield for each selected crop by the TDN factor developed for that crop and by summing the results.

1 CRR-NY 370.7 Criteria for ranking organic soils {#sec-1-crr-ny-370.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.7}

Organic soils shall be grouped according to the following criteria:

Group A- Soils that have muck 51 inches deep or deeper, have adequate drainage and 10-year or better flood protection.

Group B- Soils that have muck 16 inches to 51 inches deep, at least 10 year flood protection and adequate drainage.

Group C- Soils that have muck 51 inches deep or deeper, are either subject to flooding one year out of five years or are inadequately drained, but not both.

Group D- Soils that have muck 16 inches to 51 inches deep, are subject to flooding once in five years and/or are inadequately drained, or are 51 inches deep or deeper and are both inadequately drained and floods once in five years.

1 CRR-NY 370.8 Ranking of mineral soils {#sec-1-crr-ny-370.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.8}

(a) Mineral soils shall be listed according to their soil productivity index and placed within one of ten soil groups. Each soil map unit representing a mineral soil shall be ranked according to its soil productivity index and placed by the commissioner into one of ten soil groups as follows:

| Soil Productivity Index | Soil Group | | --- | --- | | 90 – 100 | 1 | | 80 – 89 | 2 | | 70 – 79 | 3 | | 60 – 69 | 4 | | 50 – 59 | 5 | | 40 – 49 | 6 | | 30 – 39 | 7 | | 29 or less - Marginal cultivated uses | 8 | | Soils not suitable for pasture or other cultivated uses and not identified above or below | 9 | | Marsh, wetlands and organics not farmed | 10 |

(b) Two soil group subdivisions, determined according to the need to add lime to the soil in order to maintain soil capability, shall also be established for soil groups numbered 1 through 6.

1 CRR-NY 370.9 Classification of farm woodland soils {#sec-1-crr-ny-370.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.9}

Farm woodland soils shall not be ranked or classified according to the criteria contained in sections 370.7 and 370.8 of this Part.

1 CRR-NY 370.10 Preparation of the soil group worksheet {#sec-1-crr-ny-370.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.10}

(a) An applicant for an agricultural group value assessment, or an authorized representative, shall personally deliver, at least 30 days prior to the applicable taxable status date to the county soil and water conservation district office, the assessment roll description, tax map land parcel number or numbers or any other documentation necessary to identify the parcel or parcels and their respective acreage used in the preceding two years for agricultural production.

(b) The district office shall outline on an appropriate soil map or maps the parcel or parcels identified in subdivision (a) of this section and shall delineate land used in agricultural production from nonagricultural land. Land used in agricultural production shall be further divided into cultivated land and farm woodland.

(c) Only those parcels or portions of parcels for which an agricultural value assessment is being applied for shall be delineated on the map.

(d) The district office shall identify each soil map unit located within each parcel and place each such unit within the appropriate soil group. The identification of each soil group and its acreage for each parcel shall be placed on the soil group worksheet provided by this department. If the district office does not possess the information necessary to identify a landowner's soil, it shall secure such information or have a soil map developed for that purpose.

(e) There shall be developed a separate soil group worksheet for each parcel outlined on the soil map.

(f) The landowner shall be given a legible copy of the soil map and the original and one copy of each soil group worksheet. One copy of the worksheet shall be retained for the district files.

(g) The district office may make any appropriate modification to the soil group worksheet pursuant to a request for modification from the local assessor.

1 CRR-NY 370.11 Review procedure {#sec-1-crr-ny-370.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.11}

(a) Any one or more owners of land used in agricultural production may, subsequent to the adoption of the county master list of soil groups but at least 30 days prior to the applicable taxable status date, petition the commissioner to review any land classification designation for any soil map unit of land by submitting a written request to:

(1) The county agricultural districting advisory committee, if such a committee has been established to review such land classification designation in consultation with the county cooperative extension office and the county soil and water conservation district office. The district office shall undertake all reasonable steps necessary to review the accuracy of all soils information available.

(2) If the county agricultural districting advisory committee chooses not to undertake the review, the request for review shall be immediately referred to the county soil and water conservation district office which shall undertake the review.

(3) In counties where a county agricultural districting advisory committee has not been established, all requests for review shall be made to the county soil and water conservation district office.

(b) The landowner has the burden of establishing the correct classification through appropriate documentary evidence.

(c) Any onsite soils investigation relied upon for the purpose of reviewing the accuracy of the soils data in question shall be undertaken by a qualified soils scientist.

(d)

(1) Upon completion of the review by either the advisory committee or the district office, written recommendations shall be mailed to the department at least 14 days prior to the applicable taxable status date.

(2) Any recommended revision to the land classification for the specific land area under review shall be based upon an analysis of onsite soil conditions.

(e) The commissioner, or someone in the department with delegated authority, shall, upon receipt of a report from either a county soil and water conservation district office or a county agricultural districting advisory committee, immediately review the report and other relevant material available to the department and shall render a final determination to the district office within 10 working days. The failure of the commissioner or his delegated agent to mail or otherwise communicate a response to the district office within 10 working days of receipt of the written recommendations shall be deemed a ruling in favor of the petitioner.

1 CRR-NY 370.12 Land classification system manual {#sec-1-crr-ny-370.12 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 370.12}

The commissioner may issue a land classification system manual to aid in the implementation and use of the land classification system.

Part 371 NOTICE OF INTENT

1 CRR-NY 371.1 Introduction {#sec-1-crr-ny-371.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.1}

This Part establishes the requirements and forms to be used to notify the commissioner and the county agricultural and farmland protection board of an intent to undertake an action within an agricultural district.

1 CRR-NY 371.2 Definitions {#sec-1-crr-ny-371.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.2}

For the purpose of this Part:

(a) Acquisition means the act of vesting of title or right to land or interest in land.

(b) Action means:

(1) the exercise of the power of eminent domain to effect an acquisition, as that term is defined by Eminent Domain Procedure Law (EDPL) section 103(A), through the filing of an acquisition map pursuant to EDPL section 402, by a State agency, public benefit corporation or local government of:

(i) land in excess of one acre from any one actively operated farm located within an agricultural district; or

(ii) land in excess of 10 acres, located within an agricultural district; or

(2) the acquisition of land or any interest therein by a State agency, public benefit corporation or local government:

(i) in excess of one acre from any one actively operated farm located within an agricultural district; or

(ii) in excess of 10 acres, located within an agricultural district; or

(3) the advance of any amount of funds in any form including, but not limited to, a grant, loan or interest subsidy by a State agency, public benefit corporation or local government for the construction, within an agricultural district, of dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures; or

(4) the construction by a State agency, public benefit corporation or local government, within an agricultural district, of dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures.

(c) Actively operated means operated at any time during the preceding 12 months.

(d) Advance means any act by which a State agency, local government or public benefit corporation makes a transfer of funds or a binding commitment to transfer funds.

(e) Agricultural district means a district established pursuant to section 303 or 304 of the Agriculture and Markets Law.

(f) Agricultural resources means all natural resources on a farm, including but not limited to, soil and water resources used in the production of crops, livestock and livestock products.

(g) Agricultural setting means the type of farm enterprises, such as dairy, fruit, vegetable, field crop, livestock, poultry, nursery, horticulture, Christmas tree, greenhouse, or aquaculture; approximate size, in acres; and the diversity of agricultural products produced.

(h) Commercial or industrial facility means any type of facility to be used for:

(1) the sale, rental, provisions or distribution of goods, services or commodities, either retail or wholesale; or

(2) the manufacturing, production, assembly or processing of goods or materials of any kind or nature and shall include, but not be limited to, facilities related thereto for marketing, storage, warehousing, receiving and distributing, office operations, research and development and other types of support functions; or

(3) the disposal of any type of waste.

This term does not include facilities used primarily for the on-farm production, preparation and marketing of crops, livestock and livestock products.

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

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

(k) EDPL hearing means a hearing held pursuant to EDPL section 201.

(l) Farm means a farm operation as defined in section 301(11) of the Agriculture and Markets Law.

(m) Farm enterprise means a farm business engaged in the production for sale of crops, livestock or livestock products, as defined in section 301(2) of the Agriculture and Markets Law.

(n) Interest in land means any right, title or estate in land, and includes, but is not limited to, fee simple, options, leaseholds, easements and rights-of-way.

1 CRR-NY 371.3 Preliminary and final notices of intent {#sec-1-crr-ny-371.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.3}

(a) Preliminary notice of intent. State agencies, public benefit corporations and local governments shall file a preliminary notice of intent, in the form prescribed by this Part, with the commissioner and the county agricultural and farmland protection board as early as possible in the development of a proposal of an action, but in no event later than the date of any determination as to whether an environmental impact statement need be prepared for the action pursuant to article 8 of the Environmental Conservation Law.

(b) Final notice of intent. State agencies, public benefit corporations and local governments shall file a final notice of intent, in the form prescribed by this Part, with the commissioner and the county agricultural and farmland protection board at least 65 days prior to undertaking an action within an agricultural district.

1 CRR-NY 371.4 Party to file notices of intent {#sec-1-crr-ny-371.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.4}

Preliminary and final notices of intent shall be filed with the commissioner and the county agricultural and farmland protection board by the State agency, public benefit corporation or local government which plans to undertake an action within an agricultural district. In the case where one State agency, public benefit corporation or local government advances funds to another State agency, public benefit corporation or local government to undertake an action, the latter agency, corporation or government may file such notices on behalf of all the involved agencies with the commissioner and the county agricultural and farmland protection board.

1 CRR-NY 371.5 Conditions under which filing is required {#sec-1-crr-ny-371.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.5}

Preliminary and final notices of intent shall be filed with the commissioner and the county agricultural and farmland protection board as provided in section 305(4)(b) and (c) of the Agriculture and Markets Law. In cases where an action involves a series of separate and discrete stages which are to be implemented over a period of years, individual notices shall be filed with the commissioner and the county agricultural and farmland protection board for each stage of the action which requires the acquisition of land or any interest therein, construction or the advance of public funds. The advance of public funds for the purpose of determining whether an action should be undertaken, such as for the construction of water quality monitoring wells, shall not require the filing of a notice, provided the advance of funds does not involve the acquisition of land or any interest therein in excess of one acre from any one actively operated farm located within an agricultural district or in excess of 10 acres within the agricultural district and provided such activities do not commit the agency, corporation or local government to commence or engage in such action.

1 CRR-NY 371.6 Form and content of preliminary notice of intent {#sec-1-crr-ny-371.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.6}

The preliminary notice of intent required by section 305(4)(b) of the Agriculture and Markets Law shall be in the following form and contain the following information:

(a) A statement at the top of the first page with the following language:

PRELIMINARY NOTICE OF INTENT TO UNDERTAKE AN ACTION

WITHIN AN AGRICULTURAL DISTRICT

(b) The name and address of the State agency, public benefit corporation or local government proposing to undertake the action.

(c) The identity, by county and number, of the agricultural district or districts affected by the proposed action.

(d) The identity of the municipality or municipalities within which the project, which is the subject of the action, will occur.

(e) A brief description of the proposed action, including: its purpose, the type of action proposed (e.g., the acquisition of land or any interest therein by eminent domain or purchase; construction, or the advance of public funds for construction); and the number of acres of land, or any interest therein, which is expected to be acquired from an actively operated farm or farms within an agricultural district or a parcel or parcels of land within an agricultural district.

(f) A brief narrative of the agricultural setting and the location of the project site, if known.

(g) A summary of any anticipated adverse impacts on farm operations and agricultural resources which are located within the district.

(h) The approximate date of commencement of the proposed action.

(i) The name, title, address and telephone number of the individual who is authorized to respond to department inquiries concerning the preliminary notice.

(j) The signature of the authorized individual, verifying that the information contained in the preliminary notice is truthful and accurate to the best of his or her knowledge, and date signed.

1 CRR-NY 371.7 Form and content of final notice of intent {#sec-1-crr-ny-371.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.7}

The final notice of intent required by section 305(4)(c) of the Agriculture and Markets Law shall be in the following form and contain the following information:

(a) A statement at the top of the first page with the following language:

FINAL NOTICE OF INTENT TO UNDERTAKE AN ACTION

WITHIN AN AGRICULTURAL DISTRICT

(b) The name and address of the State agency, public benefit corporation or local government proposing to undertake the action.

(c) The identity, by county and number, of the agricultural district or districts affected by the proposed action.

(d) The total number of acres in the agricultural district which will be affected by the proposed action.

(e) The location of the proposed action, including the county, town, city, village or other municipality involved.

(f) The name, address, telephone numbers and tax map numbers for the owners of all farms which will be affected by the proposed action.

(g) A detailed agricultural impact statement setting forth the following:

(1) (i) A detailed description of the proposed action.

(ii) A detailed description of the agricultural setting including:

(a) a tax map, or other map which sets forth the tax map numbers of all affected landowners as identified in section 371.7(f) of this Part, identifying: the final proposed siting of the project, which is the subject of the action; and the surrounding land use, including agricultural land use by type of production;

(b) the total number of farms within the agricultural district which will be affected by the proposed action; and

(c) the total number of acres of land in farms within the agricultural district which will be affected by the proposed action.

(2) An assessment of the anticipated agricultural impact of the proposed action including short-term and long-term effects. Short-term effects include, but are not limited to, construction effects, such as temporary loss of land used in agricultural production, disruption of ongoing farm practices and the economic impact of these effects. Long-term effects include, but are not limited to, permanent loss or severance of land used in agricultural production, changes to infrastructure, the extent to which the proposed action will cause or encourage nonfarm development and the economic impact of these effects. The assessment shall include a brief narrative of concerns, if any, expressed by the farm landowners directly affected by the proposed action.

(3) Any adverse agricultural effects, including short-term and long-term effects, which cannot be avoided should the proposed action be implemented.

(4) The reason(s) why the preferred alternative, route, and/or site was selected.

(5) Any irreversible and irretrievable commitments of agricultural resources which would result from the proposed action if it is implemented.

(6) Any mitigation measures proposed to minimize the adverse impact of the proposed action on the continuing viability of a farm enterprise or enterprises within the district (e.g., use of construction techniques which would avoid soil compaction, loss of topsoil, disturbance of the soil profile, and damage to farm drainage systems and conservation structures; restoration of land used in agricultural production which is affected by construction activities to its pre-construction condition to the maximum extent practicable; siting a facility in such a manner as to avoid or minimize adverse effects on farm operations; or the imposition of permit conditions or other binding restrictions that would avoid or minimize the potential for nonfarm growth inducement within the agricultural district, such as the imposition of service lateral restrictions for water or sewer lines).

(7) Any aspects of the proposed action which would encourage nonfarm development. Include, where applicable and appropriate, a description of any roadways, water or sewer lines, gas lines, or commercial or industrial facilities which are proposed. If the proposed action may encourage nonfarm development, also provide the following information:

(i) Local zoning restrictions which apply to the area.

(ii) The total number of applications for subdivisions of five or more lots submitted to the local government(s) in the locality where the action is proposed in the two years preceding the filing of the final notice of intent. Include the total number of lots involved and, for applications for subdivisions of 10 or more lots, provide a brief description of the project, including location and proximity to the proposed action.

(8) The anticipated date of commencement of the proposed action.

(9) The name, title, address and telephone number of the individual authorized to respond to department inquiries concerning the final notice.

(10) The signature of the authorized individual, verifying that the information contained in the final notice is truthful and accurate to the best of his or her knowledge, and date signed.

(h) If the action involves the advance of funds of any kind within an agricultural district for the construction of dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures, provide, in addition to the information required by subdivisions (a) through (g) of this section, the following additional information:

(1) the source of the funds;

(2) the name, address and telephone number of the recipient(s) of the funds.

The party proposing the action shall file an original and four complete copies of the final notice of intent, including all maps, appendices and other information, with the commissioner. If the commissioner notifies the party proposing the action that the final notice of intent is incomplete pursuant to section 305(4)(c) of the Agriculture and Markets Law, and the party files additional information or a revised final notice of intent with the commissioner, the party shall also file an original and four complete copies of the information or revised final notice of intent with the commissioner. The party proposing the action shall also file a complete copy of the final notice of intent, including all maps, appendices and other information, with the county agricultural and farmland protection board. If additional information or a revised final notice of intent is filed with the commissioner, the party shall also file a complete copy of the information or revised final notice of intent with the board.

1 CRR-NY 371.8 Waiver {#sec-1-crr-ny-371.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.8}

(a) The filing of preliminary and final notices of intent shall not be required for acquisitions of land or any interest therein, nor for any subsequent construction or advance of funds for construction subject to notice requirements by a project sponsor on the land previously acquired where the owner(s) of such land sign(s) a document waiving the notice requirements contained in paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law and provides a copy to the commissioner. All waivers shall be executed prior to undertaking the action and shall be provided to the commissioner as soon as possible thereafter. Waivers shall contain at least the following information:

Waiver

(I, we, the corporation) am/are/is the owner(s) of __ acres of active farmland and/or __ acres of non-farmland, situated at _______ (tax parcel ID #s, description in deed) which is proposed to be acquired by ________ in ____ County Agricultural District # _. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, (I, we, the corporation) hereby waive(s) (my, our, its) right(s) to require __________ (the party proposing the acquisition) to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law.

[Name, address and telephone _____________

number - project sponsor] (signature)

[Name, address and telephone

number - landowner(s)]

---

Date

[Individual Acknowledgment]

State of ____}

ss:

County of ____}

On the __ day of ____, 19 _, before me personally came _______ to me known, and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same.

---

[Signature, with name printed underneath]

Notary Public, No. ___

______ County.

[Seal]

[Corporate Acknowledgment]

State of ____}

ss:

County of ____}

On the __ day of ____ in the year __, before me personally came _______ to me known, who, being by me duly sworn, did depose and say that he/she resides at _____________; that he/she is the _________ [president or other officer or director] of the ________ [name of corporation], the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he/she signed his/her name thereto by like order.

---

[Signature, with name printed underneath]

Notary Public, No. ___

______ County.

[Seal]

(b) The execution and provision to the commissioner of a waiver or waivers for only a portion of the lands involved in a proposed action shall not eliminate the obligation of the State agency, public benefit corporation or local government proposing the action to file a preliminary and final notice of intent for those lands not covered by a waiver or waivers.

(c) The execution and provision to the commissioner of a waiver of the notice requirements in section 305(4) of the Agriculture and Markets Law for the acquisition of land or interest in land for any phase of a multiple stage action, shall not eliminate the obligation of the State agency, public benefit corporation or local government to file preliminary and final notices of intent for the acquisition of land or interest in land for those stages for which a waiver of the notice requirements has not been obtained.

(d) The execution and provision of a waiver or waivers by owners of land involved in a proposed action shall not eliminate the obligation of the State agency, public benefit corporation or local government proposing the action to use all practicable means in undertaking an action to realize the policy and goals set forth in Article 25-AA of the Agriculture and Markets Law, and to act and choose alternatives which, consistent with social, economic and other essential considerations, to the maximum extent practicable, minimize or avoid adverse impacts on agriculture in order to sustain a viable farm enterprise or enterprises within the district, as required by section 305(4)(a) of the Agriculture and Markets Law.

1 CRR-NY 371.9 Exemption {#sec-1-crr-ny-371.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.9}

(a) The commissioner may grant an exemption from any of the provisions of this Part which are not otherwise required by section 305(4) of the Agriculture and Markets Law.

(b) Standard. The exemption may be granted if the commissioner determines that the exemption from the specific provision or provisions of this Part will not significantly interfere with the commissioner's duty to review the proposed action and to make an initial determination whether such action would have an unreasonably adverse effect on the continuing viability of a farm enterprise or enterprises within an agricultural district, State environmental plans, policies and objectives, or State comprehensive plans, policies and objectives.

1 CRR-NY 371.10 Alternatives {#sec-1-crr-ny-371.10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.10}

(a) Pursuant to section 305(4)(f) of the Agriculture and Markets Law, if the commissioner determines that a proposed action would have an unreasonably adverse effect on the continuing viability of a farm enterprise or enterprises within the district, State environmental plans, policies and objectives, or State comprehensive plans, policies and objectives, he or she may issue an order as authorized by that paragraph and review the proposed action to determine whether any reasonable and practicable alternative or alternatives exist which would minimize or avoid the adverse impact on agriculture in order to sustain a viable farm enterprise or enterprises within the district.

(b) If the commissioner concludes that a reasonable and practicable alternative or alternatives exist which would minimize or avoid the adverse impact of the proposed action, he or she shall propose to the agency, corporation or government proposing the action that such alternative or alternatives be accepted. If the agency, corporation or government accepts the commissioner's proposal, then it shall communicate its acceptance to the commissioner in writing and the requirements of the notice of intent filing shall be deemed fulfilled. If the agency, corporation or government rejects the commissioner's proposal, then it shall provide the commissioner, in writing, with reasons for rejecting such proposal and a detailed comparison between its proposed action and the commissioner's alternative or alternatives. The written communication required by this paragraph shall be signed by the individual or individuals authorized to act on behalf of the agency, corporation or government.

1 CRR-NY 371.11 Certification {#sec-1-crr-ny-371.11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 371.11}

(a) Pursuant to section 305(4)(g) of the Agriculture and Markets Law, the agency, corporation or government shall certify to the commissioner that it has made an explicit finding that the requirements of section 305(4) of the Agriculture and Markets Law have been met, and that consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse agricultural impacts revealed in the notice of intent process will be minimized or avoided.

(b) The certification shall be provided by the agency, corporation or government and shall be signed by the individual or individuals authorized to act on behalf of the agency, corporation or government. It shall set forth the reasons in support of the finding by the agency, corporation or government (e.g., needs and benefits, assessment of anticipated agricultural impacts, assessment of alternatives, proposed mitigation measures—including adoption of construction standards and/or guidelines recommended by the department, and discussion of existing laws, programs and policies which help sustain viable farm enterprises within the agricultural district).

Part 380 LICENSING OF FARM PRODUCTS DEALERS

1 CRR-NY 380.1 License period {#sec-1-crr-ny-380.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 380.1}

Application for a license to act as a dealer pursuant to article 20 of the Agricultural and Markets Law shall be submitted to the commissioner on or before April 1st in each year for the license year beginning May 1st following.

Chapter X GRANT PROGRAMS

Part 390 AGRICULTURAL AND FARMLAND PROTECTION

1 CRR-NY 390.1 Introduction {#sec-1-crr-ny-390.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 390.1}

This Part establishes the requirements for county and municipal agricultural and farmland protection plans, the procedures for development and approval of such plans and the application process for planning grants to assist counties and municipalities in the development of such plans.

1 CRR-NY 390.2 Definitions {#sec-1-crr-ny-390.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 390.2}

For the purposes of this Part, the following terms shall mean:

(a) Agricultural and farmland protection means the preservation, conservation, management or improvement of lands which are part of viable farms, for the purpose of encouraging such lands to remain in agricultural production.

(b) Agricultural district means a district established pursuant to section 303 or 304 of the Agriculture and Markets Law.

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

(d) County agricultural and farmland protection board means a board established pursuant to section 302 of the Agriculture and Markets Law.

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

(f) Plan means the county or municipal agricultural and farmland protection plan, prepared by a county agricultural and farmland protection board or a municipality, as provided for in article 25-AAA of the Agriculture and Markets Law.

(g) In-kind services means compensated labor, materials or equipment provided by the applicant or the county, its employees or representatives in connection with the development of a county agricultural and farmland protection plan.

(h) Municipality means a city, town or village.

1 CRR-NY 390.3 County agricultural and farmland protection plans {#sec-1-crr-ny-390.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 390.3}

(a) Plans.

County agricultural and farmland protection boards may develop agricultural and farmland protection plans, in cooperation and consultation with the county's soil and water conservation district and the U.S.D.A., Natural Resources Conservation Service. The boards may cooperate and consult with other interested parties, such as municipalities, cooperative extension services, planning organizations, private land trusts, farm organizations, and civic and citizen organizations, in developing plans. The plans shall include at least the following elements:

(1) a statement of the county's goal(s) with respect to agricultural and farmland protection (e.g., to stabilize or enhance the agricultural economy of the county; preserve open space; abate land conversion pressure; maintain community goals with respect to development and growth; and protect natural resources such as air quality, watersheds, aquifers or wildlife habitats);

(2) an identification of the general location of any lands or areas that are proposed to be protected (e.g., the whole county, all agricultural district lands within the county, farms or farmlands in particular sections of the county). Specific tracts of land or farms need not be identified. Maps are not mandatory but may be used at the discretion of the board to illustrate strategies or to explain the plan more completely;

(3) an analysis of the lands or areas to be protected, such as their value to the agricultural economy of the county, their open space value, the level of conversion pressure being experienced, and the consequences of possible conversion;

(4) a description of the strategies intended to be used by the county to promote the maintenance of lands in active agricultural use and to implement the plan, including how the program will be financed; and

(5) a description or identification of other county and municipal planning and land use programs, if any, such as economic development, zoning and comprehensive land use planning, which may be shown to complement and be consistent with, the county agricultural protection plan, as well as identification of any county and municipal plans, policies or objectives which are inconsistent with or conflict with the plan.

(b) Planning and approval process.

In developing an agricultural and farmland protection plan, the board and the county legislative body shall follow the planning and approval process in sequence as follows:

(1) the county agricultural and farmland protection board shall conduct at least one public hearing to solicit citizen views and recommendations;

(2) the board shall undertake specific efforts to involve members of the farm community in the planning process, and to assure that the final plan is made available to the farm community for comment before it is approved;

(3) the county agricultural and farmland protection board shall consult with the department throughout the planning process;

(4) the county agricultural and farmland protection board shall submit the proposed plan to the county legislative body for approval;

(5) if the county legislative body approves the plan, its approval should be documented by a resolution;

(6) plans of work must be completed within 18 months to be eligible for State matching grants under this program, unless said period is extended by written agreement between the county and the department; however, the county legislative body need not approve the final plan within 18 months; and

(7) the county legislative body shall submit the plan to the commissioner for approval. The commissioner shall act upon the plan within 45 days of receipt of the document, and notify the county legislative body of the plan's approval or disapproval. A copy of the commissioner's decision shall be sent to the chair of the county agricultural and farmland protection board.

(c) Plan review process.

The following criteria shall be used by the commissioner to determine the acceptability of a county agricultural and farmland protection plan:

(1) the consistency of the plan with State agricultural and farmland protection plans, policies and objectives; State environmental plans, policies, and objectives; and State comprehensive plans, policies, and objectives;

(2) the consistency of the plan with county and municipal plans, policies, and objectives which the plan could affect;

(3) the practicality of the plan (i.e., the extent to which it can reasonably be expected to meet the identified county goal(s) for agricultural and farmland protection);

(4) the extent to which the plan satisfies the analytical factors addressed under section 324 of the Agriculture and Markets Law;

(5) the adequacy of substantiating data, information, and facts;

(6) the cost implications of the protection measures identified in the plan (i.e., what can be accomplished recognizing limited State/local funding mechanisms in view of the public benefit to be derived from protection of agriculture and agricultural lands); and

(7) whether the county legislative body has approved the plan.

1 CRR-NY 390.4 Municipal agricultural and farmland protection plans {#sec-1-crr-ny-390.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 390.4}

(a) Plans.

Municipalities may develop agricultural and farmland protection plans, in cooperation with cooperative extension and other organizations, including local farmers. These plans shall include at least the following elements:

(1) a statement of the municipality's goal(s) with respect to agricultural and farmland protection (e.g., to stabilize or enhance the agricultural economy of the municipality; preserve open space; abate land conversion pressure; maintain community goals with respect to development and growth; and protect natural resources such as air quality, watersheds, aquifers, or wildlife);

(2) an identification of the general location of any lands or other designation of areas that are proposed to be protected (e.g., the whole municipality, all agricultural district lands within the municipality, farms or farmlands in particular section of the municipality). Specific tracts of land or farms need not be identified. Maps are not mandatory but may be used at the discretion of the municipality to illustrate strategies or to explain the plan more completely;

(3) an analysis of the lands or areas to be protected, such as their value to the agricultural economy of the municipality, their open space value, the level of conversion pressure being experienced, and the consequences of possible conversion;

(4) a description of activities, programs and strategies intended to be used by the municipality to promote continued agricultural use, including how they are to be financed, and which may include but not be limited to revisions to the municipality's comprehensive plan pursuant to section 272-a subdivision 2(a) of the Town Law and land use regulations as defined in section 272-a subdivision 2(b) of the Town Law as appropriate; and

(5) a description or identification of other municipal and county planning and land use programs, if any, such as economic development, zoning and comprehensive land use planning, which may be shown to complement and be consistent with, the municipal agricultural and farmland protection plan, as well as identification of any municipal and county plans, policies or objectives which are inconsistent with or conflict with the plan.

(b) Planning and approval process.

In developing an agricultural and farmland protection plan, the municipality shall follow the planning and approval process in sequence as follows:

(1) the municipality shall conduct at least one public hearing to solicit citizen views and recommendations;

(2) the municipality shall undertake specific efforts to involve members of the farm community in the planning process, and to assure that the final plan is made available to the farm community for comment before it is approved;

(3) the municipality shall consult with the department throughout the planning process;

(4) the municipality shall submit the proposed plan to the municipal legislative body and the agricultural and farmland protection board for the county in which the municipality is located for approval;

(5) municipal legislative body approval of the plan shall be documented by a resolution;

(6) plans of work must be completed within 24 months to be eligible for State matching grants under this program, unless said period is extended by written agreement between the municipality and the department; however, the municipality legislative body need not approve the final plan within 24 months; and

(7) the municipality shall submit the plan to the commissioner for approval. The commissioner shall act upon the plan within 45 days of receipt of the document, and notify the municipality of the plan's approval or disapproval. A copy of the commissioner's decision shall be sent to the chair of the agricultural and farmland protection board for the county in which the municipality is located.

(c) Plan review process.

The following criteria shall be used by the commissioner to determine the acceptability of a municipal agricultural and farmland protection plan:

(1) the consistency of the plan with State agricultural and farmland protection plans, policies and objectives; State environmental plans, policies, and objectives; and State comprehensive plans, policies, and objectives;

(2) the consistency of the plan with county and municipal plans, policies, and objectives which the plan could affect;

(3) the practicality of the plan (i.e., the extent to which it can reasonably be expected to meet the identified municipality goal[s] for agricultural and farmland protection);

(4) the extent to which the plan satisfies the analytical factors addressed under section 324-a of the Agriculture and Markets Law;

(5) the adequacy of substantiating date, information, and facts;

(6) the cost implications of the protection measures identified in the plan (i.e., what can be accomplished recognizing limited State/local funding mechanisms in view of the public benefit to be derived from protection of agriculture and agricultural lands); and

(7) whether the municipal legislative body has approved the plan.

1 CRR-NY 390.5 Planning grants {#sec-1-crr-ny-390.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 390.5}

(a) Matching grants program.

Subject to the availability of funds, the department shall maintain a matching grants program intended to assist counties and municipalities in the development of agricultural and farmland protection plans.

(b) Applications.

Applications for State matching funds shall be submitted to the department by the county's agricultural and farmland protection board or two such boards acting jointly, or the municipality or two such municipalities acting jointly. Applications may be submitted to the department at any time. A county may not make application for funds until it has established its agricultural and farmland protection board and a chairperson for such board has been elected. A municipality may not make application for funds until the county in which the municipality is located has established its agricultural and farmland protection board and a chairperson for such board has been elected. All planning grant applications made to the department shall contain at least the following information:

(1) the name of the county or the municipality applying;

(2) the identification of the county agricultural and farmland protection board chair (name, address, and telephone number);

(3) the identification of an individual to be contacted concerning information contained within the application (name, address, and telephone number);

(4) a summary statement of the trends and conditions in the county or the municipality that warrant agricultural and farmland protection measures;

(5) a description of the agricultural setting in the county or the municipality including:

(i) the approximate number and types of farms in the area which is the subject of the plan;

(ii) the present and future prospect for farm viability in the county or the municipality; and

(iii) other indications of the economic condition and importance of agriculture to the county or the municipality;

(6) a detailed description of the plan of work to be followed in developing the county or the municipal plan;

(7) the anticipated timeframe for completing the plan of work;

(8) a budget detailing the cost of developing the plan, including itemization of costs to be charged against State versus county or the municipal matching resources available to the board or the municipality by individual budget category;

(9) a description of in-kind services to be used for up to 80 percent of the required match;

(10) evidence of the availability of matching funds (such as a copy of a resolution, a copy of a portion of the county or the municipal budget that demonstrates that the matching funds have been earmarked for such activities, a letter from the county or the municipal executive that the county or the municipality has appropriated matching funds, or a copy of letter[s] from an external granting agency that funding is provided to the county or the municipality, or its agent, for the development of the plan);

(11) signature of the chair of the county or the municipal legislative body; and

(12) the qualifications of the principals who will be developing the plan including experience in developing agricultural protection sections of comprehensive plans and land use regulations..

(c) Review and approval.

(1) The commissioner shall review all requests for grant funding in consultation with the advisory council on agriculture. Criteria to be used by the commissioner in determining approval of applications are as follows:

(i) the responsiveness of the grant application to the analytical factors required under section 324 or 324-a of the Agriculture and Markets Law;

(ii) the degree to which the need for agricultural protection by the county or the municipality is substantiated by facts and trends;

(iii) the adequacy of the plan of work (e.g., does it relate to the needs identified, is it logically constructed, and can it be accomplished within the timeframe predicted);

(iv) the qualifications of the principals who will be developing the plan;

(v) the reasonableness of the estimated cost of developing the plan versus the work to be performed;

(vi) overall compliance with procedural requirements of article 25-AAA of the Agriculture and Markets Law; and

(vii) the completeness of the application.

(2) The commissioner, in consultation with the advisory council on agriculture, shall determine whether or not an application shall receive funding within 90 days from the receipt of a complete application. The commissioner may negotiate the amount of funds awarded versus funds requested. The standard for determining the amount of funds awarded is the extent to which the plan meets the criteria set forth in paragraph (1) of this subdivision, as well as mutually acceptable modifications of the application and/or plan of work, and the availability of funds in relation to the number of eligible applications received.

(d) Eligible costs.

The following costs shall be eligible for State reimbursement:

(1) personal services, including fringe benefits for professional, secretarial, and legal services related directly to the development of the plan;

(2) consultant services;

(3) travel;

(4) conducting public hearings;

(5) expendable supplies;

(6) printing; and

(7) communication.

State planning grant funds shall not be made available for the purchase of equipment, non- expendable supplies, or implementation of measures recommended in a plan.

(e) Funding limits and matching requirements.

State grant funds shall not exceed $50,000 to each county or $100,000 to two counties applying jointly and shall not exceed 50 percent of the total cost of preparing a county agricultural and farmland protection plan, or $25,000 to each municipality or $50,000 to two municipalities applying jointly and shall not exceed 75 percent of the total cost of preparing a municipal agricultural and farmland protection plan. Sum total of State grants shall not exceed $50,000 per county or $25,000 per municipality regardless of whether that county or that municipality receives only one award or multiple awards. County funds must match State funds at least on a one-to-one basis and at least 20 percent of its contribution must be cash (i.e., for initial as well as each supplemental county funding). For example, 20 percent of 50 percent of $50,000 equals a $5,000 cash contribution from the county. Municipal funds must match State funds at least on a one-to-three basis and at least 20 percent of its contribution must be cash (i.e., for initial as well as each supplemental municipal funding). For example, 20 percent of 25 percent of $25,000 total project cost equals a $1,250 cash contribution from the municipality. In-kind services matches are acceptable for all eligible costs categories identified in subdivision (d) of this section, as well as for those items set forth in the definition of in-kind services in section 390.2(g) of this Part. Indirect and overhead charges and volunteer services are not acceptable as match. Counties or the municipalities are authorized to use as a match any private or other public (non-State) funds obtained to develop a plan.

(f) Funding and reporting requirements.

The department shall provide all funds to the county or the municipality through a written contract, and shall incorporate the plan of work and approved budget. All funds to the county or the municipality under the contract shall be paid only after submission of a State standard voucher by the county or the municipality, which shall be subject to approval by the State Comptroller and the availability of funds. At the commissioner's discretion, an advance of up to 25 percent of the total State funds awarded may be made under the contract to the county or the municipality to initiate plan development. Whether an advance will be made, and the amount of same, is based upon the county's or the municipality's written request for an advance and statement of need, including the percentage of the funds requested, and the commissioner's determination that the advance is necessary for the county or the municipality to initiate plan development. Thereafter, the remaining State funds will be provided on a reimbursement basis subject to the submission of quarterly progress reports. Ten percent of all State funds awarded shall be withheld until the commissioner verifies that the entire plan of work is completed.

(g) Plan updates.

A county which has an approved agricultural and farmland protection plan may after 120 months from the date of such approval by the commissioner, apply for additional State assistance payments for planning activities related to the updating of its current agricultural and farmland protection plan or development of a new plan. Such additional assistance payments shall not exceed $50,000 to each county agricultural and farmland protection board or $100,000 to two such boards applying jointly, and shall not exceed 50 percent of the total cost of preparing an agricultural and farmland protection plan. Applications for such additional State assistance shall be made and submitted as provided for and in accordance with this section and section 390.3 of this Part.

Part 391 NEW YORK STATE FOOD AND AGRICULTURE INDUSTRY DEVELOPMENT PROGRAM

1 CRR-NY 391.1 Definitions {#sec-1-crr-ny-391.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 391.1}

For the purpose of this Part:

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

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

(c) Farm operation means the land and on-farm buildings, equipment, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise.

(d) Farm woodland products means products, including but not limited to logs, lumber, posts and firewood, produced from trees located on a farm operation.

(e) Long-term means three to five years after project completion.

(f) Low risk means where the potential for success is reasonable.

(g) Near term means within one year of project completion.

(h) Program means the Food and Agriculture Industry Development Program.

(i) State means the State of New York.

1 CRR-NY 391.2 Project eligibility and selection process {#sec-1-crr-ny-391.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 391.2}

(a) Projects eligible for the program are those that involve new product development; alternative production processing, distribution and marketing technologies; introduction of high technologies; or organizational methods that further development of the food and agriculture industry in the State. Projects involving farm woodland or fresh water aquatic products produced in either natural or man-made water bodies or in natural or man-made controlled structures shall also be eligible.

(b) Priority shall be given to projects that include public-private partnership investments, and with a strong potential for near term commercial application and long-term economic value to the State and localities.

(c) The selection criteria may also include the following:

(1) degree to which the proposed project identifies and addresses a significant industry need or opportunity;

(2) degree to which the proposal offers an innovative approach to the research, development, production, processing and distribution of food and agriculture products;

(3) extent to which the proposal is low-risk in its approach;

(4) reasonableness and feasibility of the proposal;

(5) qualifications of key personnel to conduct work to be performed;

(6) reasonableness of the cost relative to the work to be performed; and

(7) to the extent practical, geographic distribution.

(d) The commissioner may set aside up to 25 percent of any moneys appropriated for the purposes of the program for projects which the commissioner determines exhibit special regional or statewide significance for food and agriculture industry development and that meet the project eligibility requirements.

1 CRR-NY 391.3 Eligible applicants {#sec-1-crr-ny-391.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 391.3}

Public and private agencies and organizations, business and industry, educational institutions, local governments and individuals shall be eligible to submit proposals for funding. Groups of eligible applicants acting jointly should submit one application with one applicant assuming lead sponsor status.

1 CRR-NY 391.4 Content of project proposal {#sec-1-crr-ny-391.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 391.4}

The proposal must include the following information, as further detailed in the request for proposals issued by the commissioner:

(a) name and address of the applicant;

(b) type of project proposed;

(c) estimated project duration, total cost of project, grant funds requested and total applicant match;

(d) project details including sufficient information to evaluate the project against the selection criteria; and

(e) such other information as the commissioner deems appropriate.

1 CRR-NY 391.5 Eligible costs {#sec-1-crr-ny-391.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 391.5}

Grant funds awarded under this program may be used only for the following:

(a) salaries and wages;

(b) fringe benefits;

(c) contractual services;

(d) travel (at State government rates);

(e) advertising and promotion;

(f) supplies and materials;

(g) communication;

(h) leased equipment; and

(i) such other expenses as the commissioner deems necessary.

1 CRR-NY 391.6 Applicant match {#sec-1-crr-ny-391.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 391.6}

(a) Grant recipients must match awards made under this program with at least equal amounts of cash, in-kind services, or other resources including indirect and overhead costs. The match may be provided by the applicant or other supporters of the project.

(b) The cost of previous work leading to the proposed project and State funds may not be considered as an applicant's match.

1 CRR-NY 391.7 Project implementation {#sec-1-crr-ny-391.7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 391.7}

A contract defining all terms, conditions and responsibilities of the successful applicant shall be developed by the department subsequent to the awarding of funds. The contract may incorporate the applicant's proposal, including a budget approved by the department, among its provisions. The department will monitor contract performance.

1 CRR-NY 391.8 Reporting requirements {#sec-1-crr-ny-391.8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 391.8}

The department will determine the extent of reporting requirements based on the duration, nature and cost of the project. Follow-up surveys of funded projects may be conducted by the department to determine long-term impacts of the projects.

1 CRR-NY 391.9 Technology transfer {#sec-1-crr-ny-391.9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 391.9}

The commissioner may share, as appropriate, technological innovations developed as a result of this program with the food and agriculture industry in the State. With respect to the licensing of patents which may arise from the work completed under this program, the commissioner shall encourage project sponsors to grant licenses to firms whose activities will give priority to the development of the technology in such a way as to benefit the State's food and agriculture industry.

Part 400 LIMITS ON ADMINISTRATIVE EXPENSES AND EXECUTIVE COMPENSATION

1 CRR-NY 400.1 Definitions {#sec-1-crr-ny-400.1 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 400.1}

For purposes of this Part:

(a) Administrative expenses are those expenses authorized and allowable pursuant to applicable agency regulations, contracts or other rules that govern reimbursement with State funds or State-authorized payments that are incurred in connection with the covered provider’s overall management and necessary overhead that cannot be attributed directly to the provision of program services.

(1) Such expenses include but are not limited to the following expenses, if otherwise authorized and allowable pursuant to applicable agency regulations, contracts or other rules that govern reimbursement with State funds or State-authorized payments:

(i) that portion of the salaries and benefits of staff performing administrative and coordination functions that cannot be attributed to particular program services, including but not limited to the executive director or chief executive officer, financial officers such as the chief financial officer or comptroller and accounting personnel, billing, claiming or accounts payable and receivable personnel, human resources personnel, public relations personnel, administrative office support personnel, and information technology personnel, where such expenses cannot be attributed directly to the provision of program services;

(ii) that portion of legal expenses that cannot be attributed directly to the provision of program services; and

(iii) that portion of expenses for office operations that cannot be attributed directly to the provision of program services, including telephones, computer systems and networks, professional and organizational dues, licenses, permits, subscriptions, publications, audit services, postage, office supplies, conference expenses, publicity and annual reports, insurance premiums, interest charges and equipment that is expensed (rather than depreciated) in cost reports, where such expenses cannot be attributed directly to the provision of program services.

(2) Administrative expenses do not include:

(i) capital expenses, including but not limited to non-personal service expenditures for the purchase, development, installation, and maintenance of real estate or other real property; or

(ii) property rental, mortgage or maintenance expenses; or

(iii) taxes payments in lieu of taxes, or assessments paid to any unit of government; or

(iv) equipment rental, depreciation and interest expenses, including expenditures for vehicles and fixed, major movable and adaptive equipment that is expensed (rather than depreciated) in cost reports; or

(v) expenses of an amount greater than $10,000 that would otherwise be administrative, except that they are either non-recurring (no more frequent than once every five years) or not anticipated by a covered provider (e.g., litigation-related expenses). Such expenses shall not be considered administrative expenses or program expenses for purposes of this regulation; or

(vi) that portion of the salaries and benefits of staff performing policy development or research.

(b) Covered executive is a compensated director, trustee, managing partner, or officer whose salary and/or benefits, in whole or in part, are administrative expenses, and any key employee whose salary and/or benefits, in whole or in part, are administrative expenses and whose executive compensation during the reporting period exceeded $199,000. For the purposes of this definition, the terms director, trustee, officer, and key employee shall have the same meaning as such terms in the Internal Revenue Service’s instructions accompanying Form 990, Part VII. If the number of key employees employed by the covered provider who meet this definition exceeds 10, then the covered provider shall report only those 10 key employees whose executive compensation is the greatest during the reporting period and no other key employees shall be considered covered executives. Clinical and program personnel in a hospital or other entity providing program services, including chairs of departments, heads of service, chief medical officers, directors of nursing, or similar types of personnel fulfilling administrative functions that are nevertheless directly attributable to and comprise program services shall not be considered covered executives for purposes of limiting the use of State funds or State-authorized payments to compensate them. In the event that a covered provider pays a related organization to perform administrative or program services, the covered executives of the related organization shall also be considered covered executives of the covered provider for purposes of reporting and compliance with these regulations if more than 30 percent of such a covered executive’s compensation is derived from State funds or State-authorized payments received from the covered provider. In such a circumstance, the related organization shall not be subject to the limitations on the use of State funds or State-authorized payments for administrative expenses in section 400.2 of this Part solely as a result of having covered executives.

(c) Covered operating expenses shall mean the sum of program services expenses and administrative expenses of a covered provider as defined in subdivision (d) of this section.

(d) Covered provider.

(1) A covered provider is an entity or individual that:

(i) has received pursuant to contract or other agreement with the department, or with another governmental entity, including county and local governments, or an entity contracting on its behalf, to render program services, State funds or State-authorized payments during the covered reporting period and the year prior to the covered reporting period and in an average annual amount greater than $500,000 during those two years; and

(ii) at least 30 percent of whose total annual in-State revenues for the covered reporting period and for the year prior to the covered reporting period were from State funds or State-authorized payments. This percentage shall be calculated as a percentage of the total annual revenues derived from and in connection with the provider’s activities within New York State, irrespective of whether the provider derives additional revenues from activities in another state. The source of such revenues shall include those from sources outside New York State if such revenues were derived from or in connection with activities inside New York State, including, for example, contributions by out-of-state individuals or entities for in-State activities. Where applicable, a provider’s method of calculating in-state revenues for purposes of determining tax liability or in connection with completion of its financial statements shall be deemed acceptable by the department for the purpose of applying this paragraph.

(2) For purposes of this Part, the method of accounting used by the entity or individual in the preparation of its annual financial statements shall be used, except that an entity or individual that otherwise reports to the department using a different method of accounting shall use such method.

(3) The following providers shall not be considered covered providers:

(i) State, county, and local governmental units in New York State, and tribal governments for the nine New York State recognized nations and any subdivisions or subsidiaries of the foregoing entities;

(ii) individuals or entities providing child care services who are in receipt of child care subsidies pursuant to title 5-C or section 410 of the Social Services Law, except that such providers may be considered a covered provider if it also receives State funds or State-authorized payments that are not child care subsidies pursuant to title 5-C or section 410 of the Social Services Law and would otherwise satisfy the criteria in this definition;

(iii) individual professional(s), partnerships, and S corporations, or other entities, at least 75 percent of whose program services paid for by State funds or State-authorized payments are provided by the individual professional(s), by the partner(s), or by the owner(s) of the corporation or entity, rather than by employees or independent contractors employed or retained by the entity, as determined by the amounts obtained in State funds or State-authorized payments for such program services;

(iv) individuals or entities providing primarily or exclusively products, rather than services, in exchange for State funds or State-authorized payments, including but not limited to pharmacies and medical equipment suppliers. For the purpose of applying this exception, the percentage of revenues derived from products rather than from services shall be used; and

(v) entities within the same corporate family as a covered provider, including parent or subsidiary corporations or entities, except where such a corporation or entity would otherwise qualify as a covered provider but for the fact that it has received its State funds or State-authorized payments from a covered provider rather than directly from a governmental agency.

(e) Covered reporting period shall mean the provider’s most recently completed annual reporting period, as defined herein, commencing on or after July 1, 2013.

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

(g) Executive compensation shall include all forms of cash and noncash payments or benefits given directly or indirectly to a covered executive, including but not limited to salary and wages, bonuses, dividends, distributions to a shareholder/partner from the current reporting period’s earnings where such distributions represent compensatory or guaranteed payments or compensatory partnership profits allocation or compensatory partnership equity interest for services rendered during such reporting period, and other financial arrangements or transactions such as personal vehicles, housing, below-market loans, payment of personal or family travel, entertainment, and personal use of the organization’s property, reportable on a covered executive’s W-2 or 1099 form, except that mandated benefits (e.g., Social Security, worker’s compensation, unemployment insurance and short-term disability insurance), and other benefits such as health and life insurance premiums, and retirement and deferred compensation plan contributions that are consistent with those provided to the covered provider’s other employees shall not be included in the calculation of executive compensation. For the purposes of this definition, such benefits shall be considered consistent with those provided to other employees where the intended value of the benefit is substantially equal, even where the cost to the covered provider to provide such a benefit may differ. With respect to employer contributions to retirement and deferred compensation plans that are not consistent with those provided to other employees, executive compensation shall be deemed to include only those amounts contributed or accrued during the reporting period for the benefit or intended benefit of the covered executive, even if not reported on the executive’s W-2 or 1099 for that reporting period (but not those amounts that vested during such period but were contributed or accrued prior to the period).

(h) Program services are those services rendered by a covered provider or its agent directly to and for the benefit of members of the public (and not for the benefit or on behalf of the State or the awarding agency) that are paid for in whole or in part by State funds or State-authorized funds. Program services shall not include:

(1) policy development or research; or

(2) staffing or other assistance to a State agency or local unit of government in such agency’s or government’s provision of services to members of the public.

(i) Program services expenses are those expenses authorized and allowable pursuant to applicable agency regulations, contracts or other rules that govern reimbursement with State funds or State-authorized payments that are incurred by a covered provider or its agent in direct connection with the provision of program services.

(1) Such expenses include but are not limited to the following expenses, if otherwise authorized and allowable pursuant to applicable agency regulations, contracts or other rules that govern reimbursement with State funds or State-authorized payments:

(i) that portion of the salaries and benefits of staff providing particular program services, including for example, employees or contractors providing direct care to clients, and supervisory personnel and support personnel whose work is attributable to a specific program in whole or in part and contributes directly to the quality or scope of the program services provided;

(ii) that portion of the salaries and benefits of quality assurance and supervisory personnel whose work is attributable in whole or in part to particular programs and contributes to the quality or scope of the program services provided by other personnel and related expenses; and

(iii) that portion of expenses incurred in connection with and attributable to the provision of particular program services, including for example, travel costs to and from client residences, direct care supplies, public outreach or education or personnel training to facilitate program services delivery, information technology and computer services and systems directly attributable to program services such as, for example, electronic patient records systems to facilitate improved patient care or computer systems used in program services delivery or documentation of program services provided, quality assurance and control expenses, and legal expenses necessary to accomplish particular program service objectives.

(2) Program services expenses do not include:

(i) capital expenses, including but not limited to non-personal service expenditures for the purchase, development, installation, and maintenance of real estate or other real property; or

(ii) property rental, mortgage or maintenance expenses, except where such expenses are made in connection with providing housing to members of the public receiving program services from the covered provider; or

(iii) taxes, payments in lieu of taxes, or assessments paid to any unit of government; or

(iv) equipment rental, depreciation and interest expenses, including expenditures for vehicles and fixed, major movable and adaptive equipment that is expensed (rather than depreciated) in cost reports; or

(v) expenses of an amount greater than $10,000 that would otherwise be administrative, except that they are either non-recurring (no more frequent than once every five years) or not anticipated by a covered provider (e.g., litigation-related expenses). Such expenses shall not be considered administrative expenses or program expenses for purposes of this regulation; or

(vi) that portion of the salaries and benefits of staff performing policy development or research.

(j) Related organization shall have the same meaning as the same term in Schedule R of the Internal Revenue Service’s Form 990 except that for purposes of this regulation a related organization must have received or be anticipated to receive State funds or State-authorized payments from a covered provider during the reporting period.

(k) Reporting period shall mean, at the provider’s option, the calendar year or, where applicable, the fiscal year used by a provider. However, where a provider is required to file an annual cost report with the State, reporting period shall mean the reporting period applicable to said cost report.

(l) State-authorized payments refer to those payments of funds that are not State funds but which are distributed or disbursed upon a New York state agency’s approval or by another governmental unit within New York State upon such approval, including but not limited to the Federal and county portions of Medicaid program payments approved by the State agency. The department shall publish a list of government programs whose funds shall be considered State-authorized payments prior to the effective date of this regulation. For purposes of this regulation, State-authorized payments shall not include any payments solely for the following purposes:

(1) procurement contracts awarded on a lowest price basis pursuant to section 163 of the State Finance Law;

(2) awards to State or local units of government except to the extent such funds or payments are used by such government unit to pay covered providers to provide program services through a contract or other agreement;

(3) capital expenses, including but not limited to non-personal service expenditures for the purchase, development, installation, and maintenance of real estate or other real property, or equipment;

(4) direct payments of State funds or State-authorized payments, or provision of vouchers or other items of monetary value that may be used to secure specific services selected by the individual, or health insurance premiums including but not limited to New York State Health Insurance Program (NYSHIP) premium payments, or Supplemental Security Income (SSI) payments, to or on behalf of individual members of the public;

(5) wage or other salary subsidies paid to employers to support the hiring or retention of their employees;

(6) awards to for-profit corporations or other entities engaged exclusively in commercial or manufacturing activities and not in the provision of program services;

(7) policy development or research; or

(8) funds expressly intended to pay exclusively for administrative expenses, including but not limited to Community Service Program core contract funding for HIV/AIDS services programs.

(m) State funds are those funds appropriated by law in the annual State budget pursuant to article VII, section 7 of the New York State Constitution. The department shall publish a list of government programs whose funds shall be considered State funds prior to the effective date of this regulation. For purposes of this Part, State funds shall not include any payments solely for the following purposes:

(1) procurement contracts awarded on a lowest price basis pursuant to section 163 of the State Finance Law;

(2) awards to State or local units of government except to the extent such funds or payments are used by such government unit to pay covered providers to provide program services through a contract or other agreement;

(3) capital expenses, including but not limited to non-personal service expenditures for the purchase, development, installation, and maintenance of real estate or other real property, or equipment;

(4) direct payments of State funds or State-authorized payments, or provision of vouchers or other items of monetary value that may be used to secure specific services selected by the individual, or health insurance premiums including but not limited to New York State Health Insurance Program (NYSHIP) premium payments, or Supplemental Security Income (SSI) payments, to or on behalf of individual members of the public;

(5) wage or salary subsidies paid to employers to support the hiring or retention of their employees;

(6) awards to for-profit corporations or other entities engaged exclusively in commercial or manufacturing activities and not in the provision of program services;

(7) policy development or research; or

(8) funds expressly intended to pay exclusively for administrative expenses, including but not limited to Community Service Program core contract funding for HIV/AIDS services programs.

1 CRR-NY 400.2 Limits on administrative expenses {#sec-1-crr-ny-400.2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 400.2}

(a) Limits on allowable administrative expenses. No less than 75 percent of the covered operating expenses of a covered provider paid for with State funds or State-authorized payments shall be program services expenses rather than administrative expenses. This percentage shall increase by five percent each year until it shall be no less than 85 percent in 2015 and for each year thereafter. In determining whether an expense is a program service expense or an administrative expense, a covered provider may allocate a portion of the expense to each type if such allocation is supported by the nature of the expense. Such allocation may include allocation of portions of an employee’s time and compensation to administrative or program services. Commencing on July 1, 2013, the limits on allowable administrative expenses pursuant to this Part shall be effective and applicable to each covered provider on the first day of each provider’s respective covered reporting period.

(b) Subcontractors and agents of covered providers. The restriction on allowable administrative expenses in subdivision (a) of this section and the reporting requirements in section 400.5 of this Part shall apply to subcontractors and agents of covered providers if and to the extent that such a subcontractor or agent has received State funds or State-authorized payments from the covered provider to provide program or administrative services during the reporting period and would otherwise meet the definition of a covered provider but for the fact that it has received State funds or State-authorized payments from the covered provider rather than directly from a governmental agency. A covered provider shall incorporate into its agreement with such a subcontractor or agent the terms of these regulations by reference to require and facilitate compliance. Upon request, covered providers shall promptly report to the funding or authorizing agency the identity of such subcontractors and agents, along with any other information requested by that agency or by the department, or its designee. A covered provider shall not be held responsible for a subcontractor’s or agent’s failure to comply with these regulations.

(c) Covered providers receiving State funds or State-authorized payments from county or local government or from entity contracting on its behalf. The department or its designee, rather than the county or local unit of government or an entity contracting on behalf of such government, shall be responsible for obtaining the necessary reporting from and compliance by such covered providers, and shall issue guidance to affected county and local governments to set forth the procedures by which the department or its designee shall do so.

(d) Covered providers with multiple sources of State funds or State-authorized payments. If a covered provider receives State funds or State-authorized payments from multiple sources, the provider’s compliance with the restriction on allowable administrative expenses in subdivision (a) of this section shall be determined based upon the total amount program services expenses and administrative expenses paid for by such funding received from all of such sources. As set forth in section 400.5 of this Part, the covered provider shall report all of such State funds and State-authorized payments, and the expenses paid for by such funding, in the form and at the time specified by the department or its designee.

(e) Other limits on administrative expenses. If the contract, grant, or other agreement is subject to more stringent limits on administrative expenses, whether through law or contract, such limits shall control and shall not be affected by the less stringent limits imposed by these regulations. However, the definition and interpretation of terms in this Part shall not be affected or limited by the definition or interpretation of terms in other regulations or agreements.

1 CRR-NY 400.3 Limits on executive compensation {#sec-1-crr-ny-400.3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 400.3}

(a) Limits on executive compensation. Except if a covered provider has obtained a waiver pursuant to section 400.4 of this Part, a covered provider as defined in this regulation shall not use State funds or State-authorized payments for executive compensation given directly or indirectly to a covered executive in an amount greater than $199,000 per annum, provided, however, that the department shall review this figure annually to determine whether adjustment is necessary based on appropriate factors and subject to the approval of the Director of the Division of the Budget. Commencing on July 1, 2013, the limits on executive compensation pursuant to this Part shall be effective and applicable to each covered provider on the first day of each covered provider’s respective covered reporting period.

(b) Except if a covered provider has obtained a waiver pursuant to section 400.4 of this Part, where a covered provider’s executive compensation given to a covered executive is greater than $199,000 per annum (including not only State funds and State-authorized payments but also any other sources of funding), and either:

(1) greater than the 75th percentile of that compensation provided to comparable executives in other providers of the same size and within the same program service sector and the same or comparable geographic area as established by a compensation survey identified, provided, or recognized by the department and the Director of the Division of the Budget, or

(2) was not reviewed and approved by the covered provider’s board of directors or equivalent governing body (if such a board or body exists) including at least two independent directors or voting members (or, where a duly authorized compensation committee including at least two independent directors or voting members conducted such review on behalf of the full board, such actions were not reviewed and ratified by such board), or such review did not include an assessment of appropriate comparability data.

then such covered provider shall be subject to the penalties set forth in section 400.6 of this Part. To determine whether a covered provider may be subject to penalties, such provider shall provide, upon request by the department or its designee, contemporaneous documentation in a form and level of detail sufficient to allow such determination to be made.

(c) Program services rendered by covered executives. The limit on executive compensation pursuant to this section shall not be applied to limit reimbursement with State funds or State-authorized payments for reasonable compensation paid to a covered executive for program services, including but not limited to supervisory services performed to facilitate the covered provider’s program services, rendered by the executive outside of his or her managerial or policy-making duties. Documentation of such program services rendered shall be used by the covered provider to determine that percentage, if any, of the covered executive’s compensation that is attributable to program services and that compensation shall not be considered in the calculation of his or her executive compensation. Such documentation shall be maintained and provided to the department or its designee upon request. Clinical and program personnel in a hospital or other entity providing program services, including chairs of departments, heads of service, chief medical officers, directors of nursing, or similar types of personnel fulfilling administrative functions that are nevertheless directly attributable to and comprise program services shall not be considered covered executives for purposes of limiting the use of State funds or State-authorized payments to compensate them.

(d) Covered providers with multiple sources of State funds or State-authorized payments. If a covered provider receives State funds or State-authorized payments from multiple sources, the provider’s compliance with the limits on executive compensation in subdivision (a) of this section shall be determined based upon the total amount of such funding received and the reimbursements received from all sources of State funds or State-authorized payments. As set forth in section 400.5 of this Part, the covered provider shall report all of such State funds and State-authorized payments in the form specified by the department or its designee.

(e) Subcontractors and agents of covered providers. The limits on executive compensation in subdivision (a) and (b) of this section and the reporting requirements in section 400.5 of this Part shall apply to subcontractors and agents of covered providers if and to the extent that such a subcontractor or agent has received State funds or State-authorized payments from the covered provider to provide program or administrative services during the reporting period and would otherwise meet the definition of a covered provider but for the fact that it has received State funds or State-authorized payments from the covered provider rather than directly from a governmental agency. A covered provider shall incorporate into its agreement with such a subcontractor or agent the terms of these regulations by reference to require and facilitate compliance. Upon request, covered providers shall promptly report to the funding or authorizing agency the identity of such subcontractors and agents, along with any other information requested by that agency or by the department or its designee. A covered provider shall not be held responsible for a subcontractor’s or agent’s failure to comply with these regulations.

(f) Covered providers receiving State funds or State-authorized payments from county or local government or entity contracting on its behalf. The department or its designee, rather than the county or local unit of government or entity contracting on behalf of such government, shall be responsible for obtaining the necessary reporting from and compliance by such covered providers, and shall issue guidance to affected county and local governments to set forth the procedures by which the department or it designee shall do so.

(g) Other limits on executive compensation. If the contract, grant, or other agreement is subject to more stringent limits on executive compensation, whether through law or contract, such limits shall control and shall not be affected by the less stringent limits imposed by these regulations. However, the definition and interpretation of terms in this Part shall not be affected or limited by the definition or interpretation of terms in other regulations or agreements.

(h) A covered provider’s contracts or other agreements with a covered executive agreed to prior to July 1, 2012 shall not be subject to the limits in this section during the term of the contract, except that:

(1) covered providers must apply for a waiver for any contracts or agreements with covered executives for executive compensation that exceeds or otherwise fails to comply with these regulations if such contracts or agreements extend beyond April 1, 2015; and

(2) renewals of such contracts or agreements after the completion of their term must comply with these regulations.

1 CRR-NY 400.4 Waivers {#sec-1-crr-ny-400.4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 400.4}

(a) Waivers for limit on executive compensation. The department or its designee and the Director of the Division of the Budget may grant a waiver to the limits on executive compensation in section 400.3 of this Part for executive compensation for one or more covered executives, or for one or more positions, during the reporting period and, where appropriate, for a longer period upon a showing of good cause. To be considered, an application for such a waiver must comply with this subsection in its entirety.

(1) The application must be filed no later than concurrent with the timely submission of the covered provider’s EO No. 38 disclosure form required pursuant to section 405 of this Part for the reporting period for which the waiver is requested. The application shall be transmitted in the manner and form specified by the department or its designee and the Director of the Division of the Budget. The department shall consider untimely waiver applications where a reasonable cause for such delay is shown.

(2) The following factors, in addition to any other deemed relevant by the department or its designee and the Director of the Division of the Budget, shall be considered in the determination of whether to grant a waiver:

(i) the extent to which the executive compensation that is the subject of the waiver is comparable to that given to comparable executives in other providers of the same size and within the same program service sector and the same or comparable geographic area;

(ii) the extent to which the covered provider would be unable to provide the program services reimbursed with State funds or State-authorized payments at the same levels of quality and availability without obtaining reimbursement for executive compensation given to a covered executive in excess of the limits in section 400.5 of this Part;

(iii) the nature, size, and complexity of the covered provider’s operations and the program services provided;

(iv) the provider’s review and approval process for the executive compensation that is the subject of the waiver, including whether such process involved a review and approval by the board of directors or other governing body (if such a board or body exists), whether such review was conducted by at least two independent directors or independent members of the governing body, whether such review included an assessment of comparability data including a compensation survey, and contemporaneous substantiation of the deliberation and decision to approve such executive compensation;

(v) the qualifications and experience possessed by or required for the covered executive(s) or position(s), respectively; and

(vi) the provider’s efforts, if any, to secure executives with the same levels of experience, expertise, and skills for the positions of covered executives at lower levels of compensation.

(3) A waiver to the limits set forth in section 400.3 of this Part shall be granted only where a covered provider has demonstrated good cause supporting such a waiver, and has provided any documentation requested by the department or its designee or the Director of the Division of the Budget to support such a waiver. Unless additional information has been requested but not received from the covered provider, a decision on a timely submitted waiver application shall be provided no later than 60 calendar days after submission of the application.

(4) If granted, a waiver to a covered provider shall remain in effect for the period of time specified by the department or its designee and the Director of the Division of the Budget for the covered executive position(s) at issue, but shall be deemed revoked when:

(i) the executive compensation that is the subject of the waiver increases by more than five percent in any calendar year; or

(ii) upon notice provided at the discretion of the department or its designee as a result of additional relevant circumstances.

(5) Unless already publicly disclosed, information provided by a covered provider to the department in connection with a waiver application regarding the limits on executive compensation shall not be subject to public disclosure under the State’s Freedom of Information Law.

(b) Waivers for limit on reimbursement for administrative expenses. The department or its designee and the Director of the Division of the Budget may grant a waiver to obtain reimbursement for administrative expenses incurred during the reporting period and thereafter in excess of the limit set forth in section 400.2 of this Part upon a showing of good cause. To be considered, an application for such a waiver must comply with this subsection in its entirety.

(1) The application must be filed no later than concurrent with the timely submission of the covered provider’s EO No. 38 disclosure form for the period for which the waiver is requested, as required pursuant to section 405 of this Part. The department shall consider untimely waiver applications where a reasonable cause for such delay is shown.

(2) The following factors, in addition to any others deemed relevant by the department or its designee and the Director of the Division of the Budget, shall be considered in the determination of whether to grant a waiver:

(i) the extent to which the administrative expenses that are the subject of the waiver are necessary or avoidable;

(ii) evidence that a failure to reimburse specific administrative expenses that are the subject of the waiver would negatively affect the availability or quality of program services in the covered provider’s geographic area;

(iii) the nature, size, and complexity of the covered provider’s operations and the program services provided;

(iv) the provider’s efforts to monitor and control administrative expenses and to limit requests for reimbursement for such costs; and

(v) the provider’s efforts, if any, to find other sources of funding to support its administrative expenses and the nature and extent of such efforts and funding sources.

(3) A waiver to the limit set forth in section 400.2 of this Part shall be granted only where a covered provider has demonstrated good cause supporting such a waiver, and has provided any documentation requested by the department or its designee or the Director of the Division of the Budget to support such a waiver. Unless additional information has been requested but not received from the covered provider, a decision on a timely submitted waiver application shall be provided no later than 60 calendar days after submission of the application.

(4) If granted, a waiver granted to a covered provider shall remain in effect only for the reporting period, except that the covered provider may request in its waiver application and the department or its designee and the Director of the Division of the Budget may grant an extension of the effective period of such waiver when the waiver is granted.

(5) Unless already publicly disclosed, information provided by a covered provider to the department in connection with a waiver application regarding the limit on administrative expenses shall not be subject to public disclosure under the State’s Freedom of Information Law.

(c) Denial of Waiver Request.

(1) If the department or its designee or the Director of the Division of the Budget proposes to deny a request for waiver made pursuant to section 400.4 of this Part, the applicant shall be given written notice of the proposed denial, stating the reason or reasons for such proposed denial. Such notice shall be sent by certified mail and shall be a final determination to be effective 30 calendar days from the date of the notice, unless reconsideration is requested.

(2) If the department or its designee or the Director of the Division of the Budget provides a notice of proposed denial, the applicant may request consideration of the proposed denial by submitting a written request for reconsideration within 30 calendar days of the date of the notice of proposed denial. Submission of a request for reconsideration within 30 calendar days shall stay any action to deny an applicant’s request for a waiver, pending a decision regarding such request for reconsideration, and shall stay any action to enter into a contract or other agreement. Any vouchers submitted by the applicant for payment by the department during which such reconsideration is pending may be considered incomplete at the department’s discretion.

(3) The written request for reconsideration shall be signed by the owner(s) or chief executive officer of the applicant, and shall include all information the applicant wishes to be considered, including any written documentation that would controvert the reason(s) for the denial or disclose that the denial was based upon a mistake of fact.

(4) If the applicant properly seeks reconsideration of the proposed denial, the department or its designee or the Director of the Division of the Budget shall review the proposed denial and shall issue a written determination after reconsideration. The determination after reconsideration may affirm, revoke, or modify the proposed denial. Such determination shall be a final decision.

1 CRR-NY 400.5 Reporting {#sec-1-crr-ny-400.5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 400.5}

(a) Reporting by covered providers. Beginning after the effective date of this regulation, covered providers shall submit a completed EO No. 38 disclosure form for each covered reporting period. Such form shall be submitted no later than 180 calendar days following the covered reporting period, unless otherwise authorized. Such form shall be submitted in the manner and form specified by the department or its designee. Covered providers shall further provide the information requested in that form, and any other information requested, upon the request of the department or its designee at any time during the term of or prior to the execution of any contract or agreement with such provider.

(b) Covered providers receiving State funds or State-authorized payments from county or local government or an entity contracting on its behalf must report directly to the department as required by this section. The county or local government shall advise such covered providers of their obligation to report directly to the department under this section, but shall not be responsible for receiving or forwarding such reports to the department.

(c) Failure to report. A covered provider’s failure to submit a completed EO No. 38 disclosure form, or to provide additional or clarifying information at the request of the department or its designee, may result in the termination or non-renewal of a contract or agreement for State funds or State-authorized payments.

1 CRR-NY 400.6 Penalties {#sec-1-crr-ny-400.6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY 400.6}

(a) Notice of preliminary determination of non-compliance. Whenever it is determined that a covered provider may not be in compliance with the requirements of section 400.2 or 400.3 of this Part and has not obtained a waiver, the provider shall be notified in writing of the basis for that determination. Such notice shall provide the covered provider with an opportunity and a procedure to submit additional or clarifying information within 30 calendar days of the provider’s receipt of such notice to demonstrate compliance with this Part. Failure to submit additional or clarifying information within the required time period shall result in the determination of non-compliance becoming final.

(b) Corrective action period. If the determination of non-compliance becomes final as set forth in subdivision (a) of this section or if the department or its designee determines, after reviewing and considering any information submitted by the covered provider, that such provider is not in compliance with the requirements of section 400.2 or 400.3 of this Part, the provider shall receive notice of such determination and a notice to cure. Such notice shall allow the covered provider a period of not less than six months to correct the violation(s) identified (the corrective action period) prior to additional enforcement action or penalties being imposed, and shall require that the covered provider submit within 30 calendar days a corrective action plan (CAP) for approval by the department or its designee.

(c) Corrective action plan. Within 30 calendar days of receipt of the covered provider’s CAP, the department or its designee shall either approve such CAP or request clarification or alterations. The covered provider shall make such alterations to the CAP as may be reasonably required by the department or its designee. Once the CAP has been approved and the covered provider notified, and unless otherwise provided in the approved CAP, the covered provider shall have six months to complete the CAP and comply with this Part.

(d) Failure to cure. At the conclusion of the period for implementation of an approved CAP, the department or its designee may request information from the covered provider to determine whether the CAP has been fully and properly completed. If it has been so completed, the matter shall be considered closed and no further action on the part of the department or the provider shall be required. If the department or its designee determines that the CAP has not been fully and properly implemented within the designated corrective action period, the department or its designee shall provide written notice to the provider and may take one or more of the following actions, taking into account the seriousness of the violations, the nature of the provider’s services, and the provider’s efforts to correct the violations, if any:

(1) At its sole discretion, modify the CAP and/or extend the time for the provider to complete implementation.

(2) Issue a final determination of non-compliance, together with a notice of the sanctions which the department seeks to impose. Such sanctions may include:

(i) redirection of State funds or State-authorized payments to be used to provide program services, where possible and consistent with Federal and State laws;

(ii) suspension, modification, limitation, or revocation of the provider’s license(s) to operate program(s) for the delivery of program services;

(iii) suspension, modification or termination of contracts or other agreements with the covered provider; and

(iv) any other lawful actions or penalties deemed appropriate by the department or its designee.

(e) Opportunity for appeal. Within 30 calendar days of receipt of a final determination of noncompliance and notice of proposed sanctions, a covered provider may request an administrative appeal by submitting a written request to the name and address set forth in the notice. The request must include a detailed explanation of the legal and factual bases for the provider’s challenge to the determination and all documentation in support of the provider’s position. If a request for an administrative appeal is not made within the required 30 calendar days, the determination of noncompliance shall become final and the proposed sanction shall be imposed. Unless the department seeks to impose a sanction for which an administrative hearing is otherwise required by statute or regulation, the covered provider’s appeal shall be limited to an administrative review of the record. Following the review, the covered provider shall be provided with a final written determination setting forth the findings of fact and conclusions of law that support the determination. If the provider is found to be non-compliant, the proposed sanction may be imposed forthwith.

1 CRR-NY App. 2 Appendix 2 {#sec-1-crr-ny-app.-2 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY App. 2}

1 CRR-NY App. 3 Appendix 3 {#sec-1-crr-ny-app.-3 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY App. 3}

PASTEURIZATION EQUIPMENT AND PROCEDURES

(cf. Part 2)

I. HTST Pasteurization

OPERATION OF HTST SYSTEMS

HTST pasteurization has become important to the dairy industry because of the operating efficiencies which it affords. Properly operated, these units allow high volume of production in a minimum of processing space.

The ability of HTST pasteurizers to assure a safe, finished product hinges on the reliability of the time-temperature-pressure relationships which must prevail whenever the system is in operation. It is important that the plant operator understand the HTST process in order to maintain proper surveillance over the equipment. The basic flow pattern is described below:

1. Cold raw milk, in a constant level supply tank, is drawn into the regenerator section of the HTST pasteurizer.

Note:—Some operators prefer to bypass the regenerator when starting. Under this system, cold milk is drawn directly through the timing pump (step 3) and into the heater section. The remaining steps are performed without exception. This bypass arrangement facilitates and speeds up the starting operation. After forward flow is established at the flow-diversion device, the bypass, which may be manually or automatically controlled, is not used and the raw milk flows through the regenerator. A second start-up technique involves the use of sanitizer solution at 170°F (77° C). This is passed through the complete unit and followed immediately by milk. Dilution of the first milk does occur, however, and care must be taken to prevent this from being packaged.

2. In the regenerator section, the cold raw milk is warmed by hot pasteurized milk flowing in a counter current direction on the opposite sides of thin stainless steel surfaces.

3. The raw milk, still under suction, passes through a positive displacement timing pump which delivers it under pressure through the rest of the HTST pasteurization system.

4. The raw milk is pumped through the heater section where hot water or steam on opposite sides of thin stainless steel surfaces heats the milk to a temperature of at least 161°F (72°C).

5. The milk, at pasteurization temperature, and under pressure, flows through the holding tube where it is held for at least 15 seconds. (The maximum velocity of the milk through the holding tube is governed by the speed of the timing pump, the diameter and length of the holding tube and surface friction.)

6. After passing the sensing bulbs of an indicating thermometer and a recorder/controller, the milk passes into the flow-diversion device which automatically assumes a forward-flow position if the milk passes the recorder/controller bulb at the preset cut-in temperature (i.e. 161°F (72°C) or higher). The valve automatically assumes the diverted-flow position if the milk passes the recorder/controller bulb below the preset cut-out temperature (i.e. 161°F (72°C)).

7. Improperly heated milk flows through the diverted-flow line back to the raw milk constant level supply tank.

8. Properly heated milk flows through the forward-flow line to the pasteurized milk regenerator section where it serves to warm the cold raw milk and, in turn, is cooled.

9. The warm milk passes through the cooling section, where coolant, on the sides of thin stainless steel surfaces opposite the pasteurized milk, reduces its temperature to 40°F (4°C) and below.

10. The cold pasteurized milk then passes to a storage tank or vat to await packaging.

HTST PASTEURIZERS EMPLOYING MILK-TO-MILK REGENERATORS WITH BOTH SIDES CLOSED TO THE ATMOSPHERE

Item 16p(C) establishes standards for regenerators. These standards insure that the raw milk will always be under less pressure than pasteurized milk in order to prevent contamination of the pasteurized milk in the event flaws should develop in the metal or joints separating it from the raw milk. An explanation of regenerator specifications is given below.

During normal operation (i.e., while the timing pump is operating), raw milk will be drawn through the regenerator at subatmospheric pressure. The pasteurized milk in the milk-to-milk regenerator will be above atmospheric pressure. The required pressure differential will be assured when there is no flow-promoting device downstream from the pasteurized milk side of the regenerator to draw the pasteurized milk through the regenerator, and the pasteurized milk downstream from the regenerator rises to at least a 1-foot elevation above the highest raw milk level downstream from the constant-level tank, and is open to the atmosphere at this or a higher elevation, as required in Item 16p(C)2.

During a shutdown (i.e., when the timing pump stops), the raw milk in the regenerator will be retained under suction, except as this suction may be gradually relieved by possible entrance of air drawn through the regenerator plate gaskets from the higher outside atmospheric pressure. With a free draining regenerator, as required under Item 16p(C)7, the raw milk level in the regenerator may drop slowly, depending on the tightness of the gaskets, ultimately falling below the level of the plates to the product level in the raw milk supply tank. However, under these conditions, as long as any raw milk remains in the regenerator, it will be at subatmospheric pressure.

During shutdown, the pasteurized milk in the regenerator is maintained at atmospheric pressure or above by meeting the elevation requirement of Item 16p(C)2. Pressure greater than atmospheric is maintained when the level of pasteurized milk is at or above the required elevation; loss of pressure due to suction is prevented by prohibiting a downstream pump.

Any backflow of milk through the flow-diversion device would lower the pasteurized milk level during pump shutdowns, thus tending to reduce the pressure on the pasteurized milk side of the regenerator. A flow-diversion valve cannot be relied upon to prevent backflow in such instances, because during the first few minutes following a pump shutdown, the milk is still at a sufficiently high temperature to keep the diversion valve in the forward-flow position. Compliance with the provisions of Item 16p(C)2 and 3, however, will insure a proper pressure differential in the regenerator.

At the beginning of a run, from the time raw milk or water is drawn through the regenerator, until the pasteurized milk or water has risen to the elevation specified in Item 16p(C)2, the pasteurized milk side of the regenerator is at atmospheric pressure or higher. Even if the metering pump should stop during this period, the pressure on the pasteurized milk side of the regenerator will be greater than the subatmospheric pressure on the raw milk side, assured by compliance with Item 16p(C)2 and 3, as long as any raw milk remains in the regenerator.

When a raw milk booster pump is incorporated into the HTST system, Item 16p(C)5 requires, in part, that automatic means shall be provided to assure, at all times, the required pressure differential between raw and pasteurized milk in the regenerator before the booster pump can operate. The most common control employed to accomplish this is a sanitary pressure switch installed at or downstream from the pasteurized milk outlet of the regenerator. The pressure switch is adjusted to energize the booster pump only after the pasteurized milk pressure in the regenerator exceeds, by at least 1 pound per square inch, the maximum operating pressure developed by the booster pump.

The setting and checking of the pressure switch used to control the proper operation of the raw milk booster pump is described in Appendix 4, Test 9,1.

As an alternative control to the use of the pressure switch, the adjustable time delay relay in conjunction with a hydrostatic head, has been effectively used in HTST systems equipped with raw milk booster pumps of relatively low capacity. Such time delay relay provides a predetermined time lapse between the moment the flow-diversion device assumes the forward-flow position and the moment the booster pump is energized. The time lapse required is that necessary for the forward flow of milk through the regenerator and cooler to rise to a height sufficiently above the booster pump outlet to provide a pressure at least one pound greater than the maximum pressure developed by the booster pump. The pasteurized milk pipeline is vented to the atmosphere at or above the necessary vertical rise.

The setting and checking of the time delay relay and hydrostatic head used to control the proper operation of the raw milk booster pump is described in Appendix 4, Test 9,2.

II. Air Under Pressure--Milk and Milk-Contact Surfaces

MATERIAL

Filter Media.—Air intake and pipeline filters shall consist of fiberglass, cotton flannel, wool flannel, spun metal, electrostatic material, or other equally acceptable filtering media, which are nonshedding and which do not release to the air, toxic volatiles, or volatiles which may impart any flavor or odor to the product.

Disposable media filters shall consist of cotton flannel, wool flannel, spun metal, nonwoven fabric U.S.P absorbent cotton fiber, or suitable inorganic materials which, under conditions of use, are nontoxic and nonshedding. Chemical bonding material contained in the media shall be nontoxic, nonvolatile, and insoluble under all conditions of use. Disposable media shall not be cleaned and reused.

Filter Performance.—The efficiency of intake filters shall be at least 50 percent as measured by the National Bureau of Standards' "Dust Spot Method"a using atmospheric dust as the lest aerosol.

The efficiency of either air pipeline filters or disposable filters shall be at least 50 percent as measured by the DOP (Dioctyl 1-phthalate fog)b test.

Piping.—Air distribution piping, fittings, and gaskets between the terminal filter and any product or product-contact surface shall be sanitary milk piping, except where the compressing equipment is of the fan or blower type. When the air is used for such operations as removing containers from mandrels, other nontoxic materials may be used.

FABRICATION AND INSTALLATION

Air Supply Equipment. —The compressing equipment shall be designed to preclude contamination of the air with lubricant vapors and fumes. Oil-free air may be produced by one of the following methods or their equivalent:

1. Use of a carbon ring piston compressor.

2. Use of oil-lubricated compressor with effective provision for removal of any oil vapor by cooling the compressed air.

3. Water-lubricated or nonlubricated blowers.

The air supply shall be taken from a clean space or from relatively clean outer air and shall pass through a filter upstream from the compressing equipment. This filter shall be located and constructed so that it is easily accessible for examination, and the filter media are easily removable for cleaning or replacing. The filter shall be protected from weather, drainage, water, product spillage, and physical damage.

Moisture Removal Equipment.—If it is necessary to cool the compressed air, an aftercooler shall be installed between the compressor and the air storage tank for the purpose of removing moisture from the compressed air.

Filters and Moisture Traps. —Filters shall be constructed so as to assure effective passage of air through the filter media only.

The air under pressure shall pass through an oil-free filter and moisture trap for removal of solids and liquids. The filter and trap shall be located in the air pipeline downstream from the compressing equipment and from the air tank, if one is used. Air pipeline filters and moisture traps downstream from compressing equipment shall not be required where the compressing equipment is of the fan or blower type.

A disposable media filter shall be located in the sanitary air pipelines upstream from and as close as possible, to each point of application or ultimate use of the air.

Air Piping. —The air piping from the compressing equipment to the filter and moisture trap shall be readily drainable.

A product-check valve of sanitary design shall be installed in the air piping downstream from the disposable media filter to prevent backflow of product into the air pipeline, except that a check valve shall not be required if the air piping enters the product zone from a point higher than the product overflow level which is open to the atmosphere.

The requirements of this section do not apply when the compressing equipment is of the fan or blower type. See illustrations depicting various air supply systems.

Note—For additional details, see 3-A Accepted Practices for Supplying Air Under Pressure in Contact With Milk, Milk Products, and Product-Contact Surfaces.

III. Culinary Steam—Milk and Milk Products

The following methods and procedures will provide steam of culinary quality for use in the processing of milk and milk products.

SOURCE OF BOILER FEED WATER

Potable water or water supplies acceptable to the regulatory agency shall be used.

FEED WATER TREATMENT

Feed waters may be treated, if necessary, for proper boiler care and operation. Boiler feed water treatment and control shall be under the supervision of trained personnel or a firm specializing in industrial water conditioning. Such personnel shall be informed that the steam is to be used for culinary purposes. Pretreatment of feed waters for boilers or steam generating systems to reduce water hardness, before entering the boiler or steam generator by ion exchange or other acceptable procedures, is preferable to addition of conditioning compounds to boiler waters. Only compounds complying with Section 173.310 of Title 21 of the Code of Federal Regulations may be used to prevent corrosion and scale in boilers or to facilitate sludge removal.

Greater amounts shall not be used of the boiler water treatment compounds than the minimum necessary for controlling boiler scale or other boiler water treatment purposes. No greater amount of steam shall be used for the treatment and/or pasteurization of milk and milk products than necessary.

It should be noted that tannin, which is also frequently added to boiler water to facilitate sludge removal during boiler blow-down, has been reported to give rise to odor problems, and should be used with caution.

Boiler compounds containing cyclohexylamine, morpholine, octadecylamine, diethylaminoethanol, trisodium nitrilotriacetate, and hydrazine shall not be permitted for use in steam in contact with milk and milk products.

BOILER OPERATION

A supply of clean, dry saturated steam is necessary for proper equipment operation; boilers and steam generation equipment shall be operated in such a manner as to prevent foaming, priming, carryover, and excessive entrainment of boiler water into the steam. Carryover of boiler water additives can result in the production of milk off-flavors. Manufacturers' instructions regarding recommended water level and blow-down should be consulted and rigorously followed. The blow-down of the boiler should be carefully watched, so that an overconcentration of the boiler water solids and foaming is avoided. It is recommended that periodic analyses be made of condensate samples. Such samples should be taken from the line between the final steam separating equipment and the point of the introduction of steam into the product.

PIPING ASSEMBLIES

Suggested piping assemblies for steam infusion or injection are shown on Figure 29.

Other assemblies which will assure a clean, dry saturated steam are acceptable.

IV. Thermometer Specifications

INDICATING THERMOMETERS FOR BATCH PASTEURIZERS

Mercury-actuated; direct-reading; contained in a corrosion-resistant case which protects against breakage and permits easy observation of column and scale; filling above mercury, nitrogen, or other suitable gas.

Magnification of Mercury Column.—To apparent width of not less than 0.0625 of an inch.

Scale. —Shall have a span of not less than 25 Fahrenheit degrees (14 Celsius degrees) including the pasteurization temperature plus and minus 5°F (3°C); graduated in 1°F (0.5°C) divisions with not more than 16 Fahrenheit degrees (9 Celsius degrees) per inch of span; protected against damage at 220°F (105°C).

Accuracy. —Within 0.5°F (0.2°C), plus or minus through the specified scale span. (Appendix 4, Test 1)

Submerged Stem Fittings.—Pressure-tight seat against inside wall of holder; no threads exposed to milk; location of seat to conform to that of a 3-A Sanitary Standard wall-type fitting or other equivalent sanitary fitting.

Bulb.—Corning normal or equally suitable thermometric glass.

INDICATING THERMOMETERS LOCATED ON PASTEURIZATION PIPELINES

Type.—Mercury-actuated; direct-reading; contained in corrosion-resistant case which protects against breakage and permits easy observation of column and scale; filling above mercury, nitrogen, or equally suitable gas.

Magnification of Mercury Column.—To apparent width of not less than 0.0625 of an inch.

Scale. —Shall have a span of not less: than 25 Fahrenheit degrees (14 Celsius degrees) including the pasteurization temperature plus and minus 5°F (3°C); graduated in 0.5°F (0.25° C) divisions with not more than 8 Fahrenheit degrees (4 Celsius degrees) per inch of scale; protected against damage at 220°F (105°C), and in the case of thermometers used on HHST systems protected against damage at 300°F (149°C).

Accuracy.—Within 0.5°F (0.2°C) plus or minus throughout specified scale span. (Appendix 4, Test 1)

Stem Fittings.—Pressure-tight seat against inside wall of fittings; no threads exposed to milk; distance from underside of ferrule to top of the sensitive portion of bulb not less than 3 inches.

Thermometric Response.—When the thermometer is at room temperature and then is immersed in a well-stirred water bath 19°F (11°C) or less above the pasteurization temperature, the time required for the reading to increase from water bath temperature minus 19°F (11°C) to water bath temperature minus 7°F (4°C) shall not exceed 4 seconds. (Appendix 4,Test 7)

Bulb—Corning normal, or equally suitable thermometric glass.

AIRSPACE INDICATING THERMOMETER FOR BATCH PASTEURIZERS

Type.—Mercury-actuated; direct-reading; contained in corrosion-resistant case which protects against breakage and permits easy observation of column and scale; bottom of bulb chamber not less than 2 inches, and not more than 3.5 inches, below underside of cover; filling above mercury, nitrogen, or equally suitable gas.

Magnification of Mercury Column.—To apparent width of not less than 0.0625 of an inch.

Scale. —Shall have a span of not less than 25 Fahrenheit degrees (14 Celsius degrees), including 150°F (66°C) plus and minus 5°F (3°C); graduated in not more than 2°F (1°C) divisions, with not more than 16 Fahrenheit degrees (9 Celsius degrees) per inch of scale; protected against damage at 220°F (105°C).

Accuracy.—Within 1°F (0.5°C), plus or minus, throughout the specified scale span. (Appendix 4, Test 1)

Stem Fittings.—Pressure-tight seat or other suitable sanitary fittings. No threads exposed.

RECORDING THERMOMETERS FOR BATCH PASTEURIZERS

Case.—Moisture-proof under normal operating conditions in pasteurization plants.

Scale. —Shall have a span of not less than 20 Fahrenheit degrees (11 Celsius degrees), including pasteurization temperature, plus and minus 5.0°F (3°C), graduated in temperature-scale divisions of 1°F (0.5°C) spaced not less than 0.0625 of an inch apart between 140°F and 155°F (60°C and 69°C): Provided, That temperature-scale divisions of 1F (0.5C) spaced not less than 0.040 of an inch apart are permitted when the ink line is thin enough to be easily distinguished from the printed line, graduated in time-scale divisions of not more than 10 minutes, having a chord or straight-line length of not less than 0.25 inch between 145°F and 150°F (63°C and 66°C): Provided, That on vats used solely for 30-minute pasteurization of milk products at temperatures above 160°F (71°C), 2°F (1°C) divisions may be used 0.0625 of an inch apart, with temperature accuracy 2°F (1°C) plus or minus.

Temperature Accuracy. —Within 1°F (0.5°C), plus or minus, between 140°F and 155°F (60°C and 69°C) (Appendix 4, Test 2).

Time Accuracy.—The recorded elapsed time, as indicated by the chart rotation, shall not exceed the true elapsed time, as compared to an accurate watch, over a period of at least 30 minutes at pasteurization temperatue. Recorders for batch pasteurizers may be equipped with spring operated or electrically operated clocks (Appendix 4, Test 3).

Pen-Arm Setting Device.—Easily accessible; simple to adjust.

Pen and Chart Paper.—Pen designed to give line not over 0.25 of an inch wide; easy to maintain.

Temperature Sensing Device.—Protected against damage at temperature of 220°F (105°C).

Submerged Stem Fitting.—Pressure-tight seat against inside wall of holder, no threads exposed to milk or milk products. Distance from underside of ferrule to the sensitive portion of the bulb to be not less than 3 inches.

Chart Speed. —A circular chart shall make one revolution in not more than 12 hours. Two charts shall be used if operations extend beyond 12 hours in 1 day. Circular charts shall be graduated for a maximum record of 12 hours. Strip-charts may show a continuous recording over a 24-hour period.

Chart Support Drive.—The rotating chart support drive shall be provided with a pin to puncture the chart in a manner to prevent its fraudulent rotation.

RECORDER/CONTROLLERS FOR CONTINUOUS PASTEURIZERS

Case.—Moisture-proof under normal operating conditions in pasteurization plants.

Chart Scale.—Shall have a span of not less than 30 Fahrenheit degrees (17 Celsius degrees), including the temperature at which diversion is set, plus and minus 12°F (7°C), graduated in temperature scale divisions of 1°F (0.5°C) spaced not less than 0.0625 of an inch apart at the diversion temperature, plus or minus 1°F (0.5°C): Provided, That temperature-scale divisions of 1°F (0.5°C) spaced not less than 0.040 of an inch apart are permitted when the ink line is thin enough to be easily distinguished from the printed line, graduated in time-scale divisions of not more than 15 minutes, having an equivalent 15 minute chord or straight-line length of not less than 0.25 of an inch at the diversion temperature, plus or minus 1°F (0.5°C).

Temperature Accuracy. —Within 1°F (0.5°C), plus or minus, at the temperature at which the controller is set to divert, plus and minus 5°F (3°C) (Appendix 4, Test 2).

Power Operated. —All recorder/controllers for continuous pasteurization shall be electrically operated.

Pen-Arm Device.—Easily accessible; simple to adjust.

Pen and Chart Paper.—Pen designed to give line not over 0.025 of an inch wide; easy to maintain.

Temperature Sensing Device.—(Bulb, tube, spring, thermister) protected against damage at temperature of 220°F (105°C): Provided, That recorder/controller temperature sensing devices used on HHST systems shall be protected against damage at temperatures of 300°F (149°C).

Submerged Stem Fitting.—Pressure-tight seat against inside wall of pipe; no threads exposed to milk or milk products; location from underside of ferrule to the sensitive portion of the bulb not less than 3 inches.

Chart Speed. —A circular chart shall make one revolution in not more than 12 hours. Two charts shall be used if operations extend beyond 12 hours in 1 day. Circular charts shall be graduated for a maximum record of 12 hours. Strip-charts may show a continuous recording over a 24-hour period.

Frequency Pen. —The recorder/controller shall be provided with an additional pen-arm for recording, on the outer edge of the chart, the record of the time at which the flow-control device is in the forward-flow, diverted-flow, or stopped position. The chart time line shall correspond with the reference arc, and the recording pen shall rest upon the time line matching the reference arc.

Controller.—Actuated by same sensor as recorder pen but cut-in and cut-out response independent of pen-arm movement.

Controller Adjustment.—Mechanism for adjustment of response temperature simple, and so designed that the temperature setting cannot be changed or the controller manipulated without detection.

Thermometric Response.—With the recorder/controller bulb at room temperature and then immersed in a well stirred water or oil bath at 7°F (4°C) above the cut-in point, the interval between the moment when the recording thermometer reads 12°F (7°C) below the cut-in temperature and the moment of power cut-in shall be not more than 5 seconds (Appendix 4, Test 8).

Chart Support Drive.—The rotating chart support drive shall be provided with a pin to puncture the chart in a manner to prevent its fraudulent rotation.

INDICATING THERMOMETERS USED IN STORAGE TANKS

Scale Range.—Shall have a span not less than 50 Fahrenheit degrees (28 Celsius degrees) including normal storage temperatures plus and minus 5°F (3°C) with extension of scale on either side permitted; graduated in not more than 2°F (1°C) divisions.

Temperature Scale Divisions.—Spaced not less than 0.0625 of an inch apart between 35°F and 55°F (2°C and 13°C).

Accuracy. —Within 2°F (1°C) plus or minus, throughout the specified scale range.

Stem Fitting.—Pressure-tight seat or other suitable sanitary fittings. No threads exposed.

RECORDING THERMOMETERS USED IN STORAGE TANKS

Case.—Moisture-proof under operating conditions in processing plants.

Scale.—Shall have a scale span of not less than 50 Fahrenheit degrees (28 Celsius degrees), including normal storage temperature plus and minus 5°F (3°C), graduated in not more than 2°F (1°C) divisions with not more than 40 Fahrenheit degrees (23 Celsius degrees) per inch of scale; graduated in time scale divisions of not more than 1 hour having a chord or straight-line length of not less than 0.125 of an inch at 40°F (5°C). Chart must be capable of recording temperatures up to 180°F (83°C) (Span specifications do not apply to extensions beyond 100°F (38°C))

Temperature Accuracy.—Within 2°F (1°C) plus or minus, between specified range limits.

Pen-Arm Setting Device.—Easily accessible; simple to adjust.

Pen and Chart Paper.—Designed to give line nut over 0.025 of an inch thick when in proper adjustment; easy to maintain.

Temperature Sensor.—Protected against damage at 212°F (100°C)

Stem Fitting.—Pressure-tight seat or other suitable sanitary fitting. No threads exposed.

Chart Speed. —The circular chart shall make one revolution in not more than 7 days and shall be graduated for a maximum record of 7 days. Strip chart shall move not less than 1 inch per hour and may be used continuously for 1 calendar month.

RECORDING THERMOMETERS ON MECHANICAL CLEANING SYSTEMS

Location.—Temperature sensor in the return line downstream from process.

Case.—Moisture-proof under operating conditions.

Scale.—Shall have a range from 60°F to 180°F (16°C to 83°C), with extensions of scale on either side permissible; graduated in time-scale divisions of not more than 15 minutes. Above 110°F (44°C), the chart is to be graduated in temperature divisions of not more than 2°F (1°C) spaced not less than 0.0625 of an inch apart:Provided, That temperature-scale divisions of 2°F (1°C) spaced not less than 0.040 of an inch apart are permitted when the ink line is thin enough to be easily distinguished from the printed line.

Temperature Accuracy.—Within 2°F (1°C) plus or minus, above 110°F (44°C).

Pen-Arm Setting Device.—Easily accessible; simple to adjust.

Pen and Chart Paper.—Designed to mark a line not over 0.025 of an inch wide; easy to maintain.

Temperature Sensor.—Protected against damage at 212°F (100°C).

Stem Fitting.—Pressure-tight seat against inside wall of pipe; no threads exposed to solution.

Chart Speed.—Circular charts shall make one revolution in not more than 24 hours. Strip charts shall not move less than 1 inch per hour. More than one record of the cleaning operation shall not overlap on the same section of the chart for either circular- or strip-type charts.

INDICATING THERMOMETERS USED IN REFRIGERATED ROOMS.

Indicating thermometers used in refrigerated rooms where milk and milk products are stored shall meet the following specifications:

Scale Range.—Shall have a span not less than 50 Fahrenheit degrees (28 Celsius degrees) including normal storage temperatures plus and minus 5°F (3°C) with extensions of scale on either side permitted, graduated in not more than 2°F (1°C) divisions.

Temperature Scale Divisions.—Spaced not less than 0.0625 of an inch apart between 32°F and 55°F (0°C and 13°C).

Accuracy.—Within 2°F (1°C) plus or minus, throughout the specified scale range.

References

(a) Dill, R. S., A Test Method for Air Filters.Transactions of the American Society of Heating and Ventilation Engineers, 44:379, 1938.

(b) DOP-Smoke Penetration and Air Resistance of Filters, Military Standard No. 282, Section 102.9.1, Naval Supply Depot, 5801 Tabor Avenue, Philadelphia, Pennsylvania 19120.

1 CRR-NY App. 4 Appendix 4 {#sec-1-crr-ny-app.-4 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY App. 4}

PASTEURIZATION EQUIPMENT AND CONTROLS—TESTS

(cf. Part 2)

I. Testing Apparatus Specifications

TEST THERMOMETER

Type. —Mercury-actuated; readily cleanable; plain front, enameled back; length 12 inches, immersion point to be etched on stem, mercury to stand in contraction chamber at 32°F (0°C).

Scale Range.—At least 12°F (7°C) below and 12°F (7°C) above the pasteurization temperature at which the operating thermometer is used, with extensions of scale on either side permitted, protected against damage at 300°F (149°C).

Temperature Represented by Smallest Scale Division.—0.2°F (0.1°C).

Number of Degrees per Inch of Scale.—Not more than 6 Fahrenheit degrees or not more than 4 Celsius degrees.

Accuracy.—Within 0.2°F (0.1°C) plus or minus, throughout specified scale range. The accuracy shall be checked against a thermometer which has been tested by the National Bureau of Standards.

Bulb.—Corning normal or equally suitable thermometric glass.

Case.—Suitable to provide protection during transit and periods when not in use.

GENERAL PURPOSE THERMOMETER

Type.—Pocket type; mercury-actuated.

Magnification of Mercury Column.—To apparent width of not less than 0.0625 of an inch.

Scale Range. —30°F (-1°C) to 212°F (100°C), with extension on either side permitted. Protected against damage at 220°F (105°C).

Temperature Represented by Smallest Scale Division.—2°F (1°C).

Number of Degrees per Inch of Scale.—Not more than 52 Fahrenheit degrees or not more than 29 Celsius degrees.

Accuracy. —Within 2°F (1°C) plus or minus, throughout the specified scale range. Checked periodically against a known accurate thermometer.

Case.—Metal, provided with a fountain pen clip.

Bulb.—Corning normal or equally suitable thermometric glass.

ELECTRICAL CONDUCTIVITY MEASURING DEVICES

Type.—Wheatstone bridge, Galvanometer, Milliammeter; manual or automatic.

Conductivity.—Capable of detecting change produced by the addition of 10 ppm of sodium chloride, in water of 100 ppm of hardness.

Electrodes.—Standard.

Automatic Instruments.—Electric clock, time divisions not less than 0.2 of a second.

STOPWATCH

Type.—Pocket type, open face, hand indicating fractional seconds.

Accuracy.—Accurate to 0.2 of a second.

Hands.—Sweep hand, one complete turn every 60 seconds or less.

Scale.—Divisions of not over 0.2 of a second.

Crown.—Depression of crown starts, stops, and resets to zero.

II. Test Procedures

Equipment and field tests to be performed by the regulatory agency are listed and suitably referenced below. The results of tests shall be recorded on suitable forms and filed as the regulatory agency shall direct.

TEST 1. INDICATING THERMOMETERS—TEMPERATURE ACCURACY

Reference.—Item 16p(D).

Application.—To all indicating thermometers used for measurement of milk temperature during pasteurization, including airspace thermometers.

Frequency.—Upon installation and once each 3 months thereafter.

Criteria.—Within 0.5°F (0.25°C) for pasteurization thermometers and 1°F (0.5°C) for airspace thermometers plus or minus, in a specified scale range.

Apparatus.—1. Test thermometer meeting specifications under Appendix 4, Part I.

2. Water or oil bath and agitator.

3. Suitable means of heating water or oil bath.

Method.—Both thermometers exposed to a water or oil medium of uniform temperature. Indicating thermometer reading is compared to the reading of the test thermometer.

Procedure.—1. Prepare 10 gallons of water in a milk can or a quantity of oil in an oil bath by raising the temperature of the water or oil to within a range of 3°F (2°C) of the appropriate pasteurization temperature or airspace temperature.

2. Remove heat source, agitate water or oil bath rapidly.

3. Continue agitation. Insert indicating test thermometer to indicated immersion point during the test.

4. Compare both thermometer readings at the temperature reading within the test range.

5. Repeat comparison of readings.

6. Record thermometer readings, thermometer identification, or location.

Corrective Action.—Do not run test if mercury column has been split or capillary tube is broken as thermometer should be returned to the factory for repair. When the indicating thermometer differs from the test thermometer by more than 0.5°F (0.25°C) and the airspace thermometer by more than 1°F (0.5°C), the scale plate of the indicating thermometer should be adjusted to agree with the test thermometer. Retest the thermometer after adjustment.

TEST 2. RECORDING THERMOMETERS—TEMPERATURE ACCURACY

Reference.—Item 16p(D).

Application.—To all recording and recorder/controller thermometers used to record milk temperatures during pasteurization.

Frequency. —Upon installation, at least once each 3 months and whenever recording pen-arm setting requires frequent adjustment.

Criteria.—Within 1°F (0.5°C) plus or minus, in specified scale range.

Apparatus. —Pasteurizer indicating thermometer previously tested against a known accurate thermometer, three 10-gallon milk cans, or suitable vats or containers, agitator, suitable means of heating water baths, and ice.

Method.—The testing of a recording thermometer for temperature accuracy involves the determination of whether or not the temperature pen-arm will return to within 1°F (0.5°C) of its previous setting after exposure to boiling water and melting ice.

Procedure.—1. Adjust the recording pen to read exactly as the previously tested indicating thermometer in the temperature range for the pasteurization process being used after a stabilization period of 5 minutes at a constant temperature. The water bath shall be rapidly agitated throughout the stabilization period.

2. Prepare one water bath by heating to the boiling point. Maintain temperature. Prepare a second container with melting ice. Place water baths within working distance of the recorder sensing element.

3. Immerse the sensing element of recorder in boiling water for not less than 5 minutes.

4. Have a can of water adjusted to a temperature within the testing range for the pasteurization process being used.

5. Remove the sensing element from the boiling water and immerse in water at a temperature within the testing range for the pasteurization process being used. Allow a 5-minute stabilization period for both indicating and recording thermometers. Compare readings of 1°F (0.5°C) plus or minus, indicator thermometer reading.

6. Remove sensing element from bath at operating temperatures and immerse in melting ice for not lean than 5 minutes.

7. Remove sensing element from ice water and immerse in water at a temperature within the testing range for the pasteurization process being used. Allow a 5-minute stabilization period for both indicating and recording thermometers. Compare readings of 1°F (0.5°C) plus or minus, indicator thermometer reading.

8. Record results.

Corrective Action.—If the pen does not return to 1°F (0.5°C) plus or minus of indicating thermometer reading, the recording thermometer should be repaired.

Note.—When this test is performed on recorder/controllers used with HHST pasteurization systems, an oil bath shall be substituted for the boiling water in step 3. above. The temperature of the oil bath shall be such that the temperature sensing element of the recorder/controller system is raised to a temperature above that which the recorder/controller is capable of sensing.

TEST 3. RECORDING THERMOMETERS—TIME ACCURACY

Reference.—Item 16p(D).

Application.—To all recording and recorder/controller thermometers used to record time of pasteurization.

Frequency.—Upon installation and at least once each 3 months thereafter.

Criteria. —The recorded time of pasteurization shall not exceed the true elapsed time.

Apparatus.—1. A watch graduated at intervals not to exceed 1 minute, and accurate to within 5 minutes in 24 hours.

2. A pair of dividers, or any other suitable device for measuring short distances.

Method.—Comparison of the recorded time over a period of not less than 30 minutes with a watch of known accuracy. For recorders utilizing electric clocks, check cycle on face plate of clock with known cycle; observe that clock is in operating condition.

Procedure.—1. Determine if chart is appropriate to recorder.

2. Inscribe reference mark at the pen point on the recorder chart at the start of the holding period and record the time.

3. At the end of 30 minutes by the watch, inscribe a second reference mark at the pen point position on the chart.

4. Determine the distance between the two reference marks and compare the distance with the time-scale divisions on the record chart at the same temperature.

5. For electric clocks, remove face plate, compare cycle specification on face plate with the current cycle utilized.

6. Enter finding on chart and initial. Record results.

Corrective Action.—If recorded time is incorrect, the clock should be adjusted or repaired.

TEST 4. RECORDING THERMOMETERS—CHECK AGAINST INDICATING THERMOMETER

Reference.—Item 16p(D).

Application.—To all recording and recorder/controller thermometers used to record milk temperatures during pasteurization.

Frequency.—At least once each 3 months by regulatory agency; daily by plant operator.

Criteria.—Recording thermometer shall not read higher than corresponding indicating thermometer.

Apparatus.—No supplementary materials required.

Method. —This test requires only that the reading of the recording thermometer be compared with that of the indicating thermometer at a time when both are exposed to milk at a stabilized pasteurization temperature.

Procedure.—1. While milk is at a stabilized pasteurization temperature, read indicating thermometer.

2. Immediately inscribe on the recording-thermometer chart a line intersecting the recorded temperature arc at the pen location; record on the chart the indicating thermometer temperature; initial.

3. Record results.

Corrective Action. —If recording thermometer reads higher than indicating thermometer, the pen should be adjusted by the operator.

TEST 5. FLOW-DIVERSION DEVICE—PROPER ASSEMBLY AND FUNCTION

Reference.—Item 16p(D).

Application.—To all flow-diversion devices used with continuous-flow pasteurizers.

Frequency.—Upon installation and at least once each 3 months thereafter.

Criteria.—The flow-diversion device shall function correctly in operating situations and shall de-energize the metering pump in the event of malfunction or incorrect assembly.

1. LEAKAGE PAST VALVE SEAT(S)

Apparatus.—Suitable tools for disassembly of flow-diversion device and sanitary piping.

Method. —Observe the valve seat(s) of the flow-diversion device for leakage.

Procedure.—With the system operating with water, place the flow- diversion device in diverted-flow position. Disconnect the forward flow piping; observe the valve seat for leakage. Check leak escape ports to see if they are open.

Corrective action.—If leakage is noted, device must be dismantled and defective gaskets replaced or other suitable repairs made.

2. OPERATION OF VALVE STEM(S)

Apparatus.—Suitable tools for disassembly of flow-diversion device and sanitary piping.

Method.—Observe flow-diversion device valve stem(s) for ease of movement.

Procedures.—When a stem packing nut is used, tighten stem packing nut as much at possible. Operate system; place device in forward and diverted flow several times. Note freedom of action of valve stem.

Corrective action. —If valve action is sluggish, suitable adjustment or repair shall be made to permit stem to act freely in all positions, with packing nut, when used, fully tightened.

3. DEVICE ASSEMBLY, SINGLE STEM DEVICE

Apparatus.—Sanitary fitting wrench.

Method.—Observe function of metering pump when flow-diversion device is improperly assembled.

Procedures.—a. With HTST system in operation, unscrew by one-half turn, the 13H hex nut which holds the top of the valve to the valve body. This should de-energize the metering pump. This test should be run with no piping connected to the forward flow port of the device since there can be sufficient force from the piping to keep the forward flow port tightly clamped even though the hex nut is loosened.

b. With the HTST system in operation and the flow-diversion device in the diverted position, remove the connecting key located at the base of the valve stem. The metering pump should be de-energized.

Corrective action.—If metering pump fails to respond as indicated, immediate checks of the device assembly and wiring are required to locate and correct the cause.

4. DEVICE ASSEMBLY, DUAL STEM DEVICE

Apparatus.—None.

Method.—Observe function of metering pump when flow-diversion device is improperly assembled.

Procedures. —a. With the device in diverted-flow position, remove one actuator clamp.

b. Move the device to the forward-flow position and disconnect stem from actuator.

c. Move the device to the diverted-flow position and turn on the metering pump. The metering pump should not run.

d. Reassemble the device by moving it to the forward-flow position and reconnecting the stem to the actuator.

e. Move the device to the diverted-flow position and replace the actuator clamp.

f. Repeat the procedure for the other actuator.

Corrective action. —If metering pump fails to respond as indicated, an immediate check of the device assembly and wiring are required to locate and correct the cause.

5. MANUAL DIVERSION (when booster pump is installed in the HTST system)

Apparatus.—None.

Method.—Observe the response of the system to manual diversion.

Procedure.—With the HTST system in operation and the flow-diversion device in the forward-flow position, press the manual diversion button. This should (a) cause the valve to assume the divert position, and (b) de-energize the booster pump; the pressure differential between raw and pasteurized milk in the regenerator should be maintained.

Corrective Action.—If (a) and (b) above do not occur as described or the necessary pressure differential between raw and pasteurized milk is not maintained, the assembly and wiring of the HTST system must be immediately reviewed and the indicated deficiencies corrected.

6. RESPONSE TIME

Apparatus.—Stopwatch. The stopwatch should be used to determine that the response time interval does not exceed 1 second.

Method.—Determine the elapsed time between the instant of the activation of the control mechanism at cut-out temperature on declining temperature and the instant the flow-diversion device takes the fully diverted-flow position.

Procedure.—a. With water or oil bath at a temperature above cut-out temperature, allow the water or oil to cool gradually. At the moment the cut-out mechanism is activated, start the watch and the moment the flow-diversion device takes the fully-diverted position, stop the watch.

b. Record results.

Corrective Action. —Should response time exceed 1 second, immediate corrective action must be taken.

7. TIME DELAY INTERLOCK WITH METERING PUMP.

Application.—To dual stem flow-diversion devices with a manual forward-flow switch.

Apparatus.—None.

Method.—Determine that the device does not assume a manually induced forward-flow position while the metering pump is running.

Procedures.—With the system running in forward flow, move the control switch to the "Inspect" position and observe that the following events automatically occur in sequence:

a. The device immediately moves to the diverted-flow position and the metering pump is turned off.

b. The device remains in the diverted-flow position while the metering pump is running down.

c. After the metering pump stops turning, the device assumes the forward-flow position.

d. Repeat the above procedure by moving the control switch to the cleaned-in-place (CIP) position.

e. Record test results and seal the control enclosure.

Corrective action. —If the above sequence of events does not occur, either a timer adjustment or wiring change is required.

TEST 6. LEAK PROTECTOR VALVE

Reference.—Item 16p(D).

Application.—To all pasteurizer inlet and outlet valves.

Frequency.—Upon installation and at least once each 3 months thereafter.

Criteria.—No leakage of milk past the valve seat in any closed position.

Apparatus.—No supplementary materials required.

Method.—By observing when the piping is disconnected from the valve outlet whether or not leakage past the valve seat occurs when milk pressure is exerted against the upstream face of the valve.

Procedure.—1. During normal operation, while milk pressure is exerted against the valve inlet, fully close the valve and disconnect the outlet piping.

(Caution: Care must be taken to avoid contamination of the valves or the piping.)

2. Observe whether or not any milk is leaking past the valve seat into the valve outlet.

3. In the case of plug-type valves, turn the valve to the just-closed position, and examine for leakage into the valve outlet.

4. Reconnect the outlet piping.

5. Record identity of the valve, and findings, for office record.

Corrective Action. —If leakage past the valve seat should occur in any closed position, the valve plug should be reground, gaskets replaced, springs replaced or other necessary steps be taken to prevent leakage.

TEST 7. INDICATING THERMOMETERS ON PIPELINES—THERMOMETRIC RESPONSE

Reference.—Item 16p(D).

Application.—To all indicating thermometers located on pipelines and used for determination of milk temperatures during pasteurization.

Frequency.—Upon installation and once each 3 months thereafter.

Criteria.—Four seconds under specified conditions.

Apparatus.—Test thermometer, stopwatch, water bath (10-gallon can), agitator, heat supply, and indicating thermometer from pasteurizer.

Method.—By measuring the time required for the reading of the thermometer being tested to increase 12°F (7°C) through a specified temperature range (temperature range must include pasteurization temperature). The temperature used in the water or oil bath will depend upon the scale range of the thermometer to be tested.

Procedure.—1. Immerse indicating thermometer in water or oil bath heated to a temperature at least 19°F (11°C) higher than minimum scale reading on indicating thermometer. Bath temperature should be higher than maximum pasteurization temperature for which thermometer is used.

2. Immerse indicating thermometer in bucket of cold water for several seconds to cool it.

Note.—Continuous agitation of water baths during the performance of steps 3, 4, and 5 is required. Elapsed time between end of step 1, and beginning of step 3 should not exceed 15 seconds so hot water bath does not cool significantly.

3. Insert indicating thermometer in hot water or oil bath to proper bulb immersion depth.

4. Start stopwatch when indicating thermometer reads 19°F (11°C) below bath temperature.

5. Stop stopwatch when indicating thermometer reads 7°F (4°C) below bath temperature.

6. Record thermometric response time for office record.

Example. —On a thermometer with a range of 150°F to 175°F (66°C to 80°C) used at pasteurization temperatures of 161°F and 166°F (72°C and 75°C), a water bath of 170°F (77°C) could be used. 19°F (11°C) below 170°F (77°C) would be 151°F (66°C); 7°F (4°C) below 170°F (77°C) would be 163°F (73°C). Hence, after immersing the thermometer which has been previously cooled, in the 170°F (77°C) bath, the stopwatch is started when the thermometer reads 151°F (66°C) and stopped when it reads 163°F (73°C).

Note.—The test included the pasteurization temperature of 161°F and 166°F (72°C and 75°C).

Corrective Action.—If the response time should exceed 4 seconds, the thermometer should be replaced or returned for repair.

TEST 8. RECORDER/CONTROLLER—THERMOMETRIC RESPONSE

Reference.—Item 16p(B).

Application.—To all recorder/controllers used in connection with continuous-flow pasteurizers except those in which the flow-diversion device is located at the end of the cooler section.

Frequency.—Upon installation and at least once each 3 months thereafter.

Criteria.—Five seconds, under specified conditions.

Apparatus.—Previously tested indicating thermometer on pasteurizers), stopwatch, water or oil bath (10-gallon milk can), agitator, heat supply.

Method.—Measure the time interval between the instant when the recording thermometer reads 12°F (7°C) below the cut-in temperature and the moment of cut-in by the controller. This measurement is made when the sensing element is immersed in a rapidly agitated water or oil bath maintained at exactly 7°F (4°C) above the cut-in temperature.

Procedure. —1. Check and, if necessary, adjust the pen-arm setting of the recording thermometer in the proper reference arc to agree with the indicating thermometer reading at pasteurization temperature.

2. Determine the cut-in temperature of controller (Test 10), either while in normal operation or by using a water or oil bath.

3. Remove sensing element and allow to cool to room temperature.

4 Heat water or oil bath to exactly 7°F (4°C) above the cut-in temperature while vigorously agitating bath to insure uniform temperature.

5. Immerse recorder/controller bulb in bath. Continue agitation during items 6. and 7. below.

6. Start stopwatch when the recording thermometer reaches a temperature of 12°F (7°C) below the cut-in temperature.

7. Stop stopwatch when the controller cuts in.

8. Record thermometric response time for office record.

Corrective Action.—If the response should exceed 5 seconds, the recorder/controller should be repaired.

TEST 9. SETTING OF CONTROL SWITCHES—REGENERATOR PRESSURE

Reference.—Item 16p(D).

1. PRESSURE SWITCHES.—Used to control operation of booster pumps.

Application.—To all pressure switches controlling the operations of booster pumps on HTST pasteurizer systems employing regenerators.

Frequency. —Upon installation, each 3 months thereafter, after any change in the booster pump or the switch circuit, and/or whenever the pressure switch seal is broken.

Criteria.—The pump shall not operate unless there is at least a 1-pound pressure differential on the pasteurized milk side of the regenerator.

Apparatus. —Sanitary pressure gauge and pneumatic testing device, for checking and adjusting pressure switch settings.

A simple inexpensive pneumatic testing device may be made from a discarded 2 inch-7BX sanitary tee, with two additional 13H nuts, one of which is provided with a 16A cap, drilled and tapped for a 1/2-inch galvanized iron nipple for the air connection. A hose connection is made to a compressed air source in the plant by means of a snap-on fitting. The air pressure can be controlled by an inexpensive pressure reducing valve (range 0-60 psig) followed by a 1/2-inch globe type bleeder valve connected into the side outlet of a 1/2-inch tee installed between the pressure reducing valve and the testing device. The pressure switch to be tested is disconnected from the pasteurizer and connected to another of the outlets of the sanitary tee, and the pressure gauge is connected to the third outlet of the sanitary tee. By careful manipulation of the air pressure reducing valve and the air bleeder valve, the air pressure in the testing device may be regulated slowly and precisely. (In operating the device, care should be taken to avoid exposing the pressure switch and the sanitary pressure gauge to excessive pressure which might damage them. This can be done by first closing off the air pressure regulating valve and opening fully the bleeder valve; these may then be manipulated slowly to bring the air pressure in the testing device within the desired range.) A test light of proper voltage can be placed in series with the pressure switch contact and in parallel with the electrical load (booster pump starter) so the actuation point may be readily determined.

Method. —Check and make adjustment of pressure switch so as to prevent the operation of the booster pump unless the pressure on the pasteurized milk side of the regenerator is greater by at least 1 psi than any pressure that may be generated on the raw side.

Procedure.—(a) Determine maximum pressure of booster pump.

(1.) Install sanitary pressure gauge in tee at discharge of booster pump.

(2.) Operate the pasteurizer with water, with the flow-diversion device in forward-flow position, the metering pump operating at minimum speed possible, and the booster pump operating at its rated speed. If vacuum equipment is located between the raw outlet from the regenerator and the metering pump, it should be bypassed while this determination is made.

(3.) Note maximum pressure indicated by pressure gauge under these conditions.

(b) Check and set the pressure switch.

(1.) Install a sanitary pressure gauge of known accuracy on the pneumatic testing device to which the pressure switch sensing element should also be connected.

(2.) Remove the seal and cover to expose adjustment mechanism on pressure switch.

(3.) Operate the testing device and determine the pressure gauge reading at the cut-in point of the pressure switch which will light the test lamp. (If the switch is short circuited, the lamp will be lighted before air pressure is applied.)

(4.) The cut-in point should be adjusted, if necessary, so as to occur at a pressure gauge reading at least 1 psi greater than the maximum booster pump operating pressure, as determined under section a. of this method. Where adjustment is necessary, refer to manufacturer's instructions for adjusting procedure. After adjustment, recheck actuation point and readjust if necessary.

(5.) Replace cover and seal the pressure switch and restore sensing element to original location.

(6.) Record test results for the office record.

2. TIME DELAY SWITCHES.—Used to control operation of booster pumps.

Application.—To all time-delay switches controlling operation of booster pumps.

Frequency.—Upon installation, after any change in the pump or relay circuit and whenever seal is broken.

Criteria.—The booster pump shall not operate until the pasteurized milk has achieved a pressure at least 1 pound greater than the maximum pressure developed by the booster pump.

Apparatus.—Accurate stopwatch, graduated at intervals not to exceed 0.2 of 1 second, pressure gauge or manometer.

Method.—Reference: Dashiell, W. N., Use of Time Delay Relay To Control Booster Pump Operation. Journal of Milk and Food Technology, 21:7. July 1958.

Procedure.—a. Operate pasteurizers with water with the flow-diversion device in forward-flow position, metering pump operating at minimum speed, booster pump at rated speed. Vacuum equipment not operating or bypassed.

b. Determine the maximum pressure developed at the discharge of the booster pump. Following the determination of the height of the liquid level, add at least 3 feet to provide the 1-pound pressure differential equivalent of 0.7 feet of water column to compensate for difference in the specific gravity between water at 161°F (72°C) and raw milk at 40°F (4°C). The pasteurized liquid level must rise to the computed elevation, above the outlet level of the booster pump and be vented to the atmosphere at this or higher level.

c. Time the interval from the moment the forward flow is established until the pasteurized liquid level rises to the required elevation. The time measurement shall be made at the beginning of a run when no water is in the pasteurized product line. The booster pump shall not be operating.

d. The time delay relay shall be installed in the circuit, interlocked with the metering pump, forward-flow of the flow-diversion device and the booster pump. Adjust the time delay setting to provide the time interval. Check the setting several times. Seal the time delay relay.

e. Record for permanent office record.

Corrective Action. —Adjust pasteurized milk pipe to proper elevation. If time delay relay is not accurate, return for repair.

3. PRESSURE GAUGES.—Used with booster pump operations

Application.—To all required pressure gauges used to measure relative raw milk and pasteurized milk pressure in HTST regenerators.

Frequency. —Upon installation, each 3 months thereafter, and whenever the gauges are adjusted or repaired.

Criteria.—Required pressure gauges shall be accurate.

Apparatus. —Identical testing device used to check proper operation of pressure switch (Test 9, 1).

A pressure gauge of known accuracy is connected to one outlet of the test apparatus. The gauge being checked is connected to the second outlet of the sanitary tee. Air is bled into the system through the third outlet and comparative readings made. Record test results for office record.

Corrective Action. —Inaccurate gauges should be returned to the factory for repair. It is not recommended that the plant operator attempt the adjustment of pressure gauges.

4. DIFFERENTIAL PRESSURE CONTROLLER

Application.—To all differential pressure controllers used to control operation of booster pumps on HTST and HHST systems, or used to control operation of flow-diversion devices on HHST systems when no vacuum breaker is located downstream from the holding tube.

Frequency. —Upon installation, each 3 months thereafter, and whenever the differential pressure controller is adjusted or repaired.

Criteria.—The booster pump shall not operate or the pasteurizer shall not operate in forward flow unless the product pressure in the pasteurized side of the regenerator is at least 1 psi greater than the product pressure in the raw side of the regenerator. When the differential pressure controller is used to control the flow-diversion device on HHST systems, and improper pressures occur in the regenerator, the flow-diversion device shall move to the diverted-flow position and remain in diverted flow until proper pressures are reestablished in the re-generator and all product-contact surfaces between the holding tube and flow-diversion device have been held at or above the required pasteurization temperature, continuously and simultaneously for at least the required pasteurization time as defined in section 2.2(a) of this Title.

Apparatus.—A sanitary pressure gauge and a pneumatic testing device described under PRESSURE SWITCHES (Test 9,1) above can be used for checking and adjusting the differential pressure switch setting.

Method. —The differential pressure switch is checked and adjusted to prevent operation of the booster pump, or prevent forward flow, unless the product pressure in the pasteurized side of the regenerator is at least 1 psi greater than the pressure in the raw side of the regenerator.

Procedures.—a. Loosen the process connection at both pressure sensors and wait for any liquid to drain through the loose connections. Both pointers should be within 0.5 psi of 0 psig. If not, adjust pointer(s) to read 0 pounds psig.

b. Remove both sensors from the process and mount them in a tee, either at the discharge of the booster pump, or connected to the pneumatic testing device. Note the separation between the two pointers. The change in elevations of the sensors will have caused some change in the zero readings. Turn on the booster pump switch and depress the test push button to operate the booster pump. If the pneumatic testing device is used in lieu of the booster pump, adjust air pressure to the normal operating pressure of the booster pump. Note that the pointer separation is within 1 psi of that observed before pressure was applied. If not, the instrument requires adjustment or repair.

c. Return the pressure sensors to their normal process locations and turn off the booster pump switch. Manually move and hold the white pointer (raw side of the regenerator) at the normal operating pressure of the booster pump. Press the test push button while manually moving the orange pointer (pasteurized side of the regenerator) upscale until the pilot light turns on, then slowly move the orange pointer downscale until the pilot light turns off. The pilot light should not turn on until the orange pointer is at least 2 psi higher than the white pointer, and the pilot light should turn off when the orange pointer is no less than 2 psi higher than the white pointer. If necessary, adjust the differential setting. The 2 psi differential represents the sum of the 1 psi differential required between raw and pasteurized product in the regenerator, plus the 1 psi imprecision permitted between the two pressure sensors.

d. Seal the instrument and record test results for the office record.

TEST 10. MILK-FLOW CONTROLS—MILK TEMPERATURES AT CUT-IN AND CUT-OUT

References.—Item 16p(B), 16p(D).

Milk-flow controls shall be tested for milk temperature at cut-in and cut-out by one of the following applicable tests at the frequency prescribed:

1. Application.—All recorder/controllers used in connection with HTST pasteurizers except those in which the flow-diversion device is located at the end of the cooler section.

Frequency.—Upon installation and quarterly by the regulatory agency; daily by the plant operator.

Criteria.—No forward flow until pasteurization temperature has been reached. Flow diverted before temperature drops below minimum pasteurization temperature.

Apparatus.—No supplemental materials needed.

Method.—By observing the actual temperature of the indicating thermometer at the instant forward flow starts (cut-in) and stops (cut-out).

Procedure.—a. Cut-in temperature.

(1.) While milk or water is completely flooding the sensing element of the recorder/controller and the indicating thermometer, increase the heat gradually so as to raise the temperature of the water or milk at a rate not exceeding 1°F (0.5°C) every 30 seconds.

(2.) Observe the indicating thermometer reading at the moment the forward flow starts (i.e., flow-diversion device moves). Observe that the frequency pen reading is synchronized with the recording pen on the same reference arc.

(3.) Record the indicating thermometer reading on the recorder chart: inscribe initials. The regulatory agency shall record test findings.

b. Cut-out temperature.

(1.) After the cut-in temperature has been determined and while the milk or water is above the cut-in temperature, allow the water to cool slowly at a rate not exceeding 1°F (0.5°C) per 30 seconds. Observe indicating thermometer reading at the instant forward flow stops.

(2.) Record the indicating thermometer reading on the recorder chart.

Corrective Action.—Should the reading be below the minimum pasteurization temperature, the cut-in and cut-out mechanism and/or the differential temperature mechanism should be adjusted to obtain proper cut- in and cut-out temperatures by repeated tests. When compliance is achieved, seal the controller mechanism.

2. Application.—All HHST pasteurizers using indirect heating.

Frequency.—Upon installation, and every 3 months thereafter; whenever the thermal controller seal is broken.

Criteria.—The pasteurizer shall not operate in forward flow unless pasteurization temperature has been achieved. The product flow shall be diverted at a temperature no lower than the chosen pasteurization standard.

Apparatus.—No supplemental materials needed.

Method.—The cut-in and cut-out temperatures are determined by observing the actual temperature in the constant temperature bath at which the two sensing elements signal for forward flow (cut-in) and diverted flow (cut-out).

Procedures.—a. Wire the test lamp in series with the control contacts of the sensing element (holding tube). Immerse this sensing element in the constant temperature bath. Raise the bath temperature at a rate not exceeding 1°F (0.5°C) every 30 seconds. Observe the temperature reading at the cut-in temperature. Record the temperature for the office record.

b. After the cut-in temperature has been determined and while the bath is above the cut-in temperature, allow the bath to cool slowly at a rate not exceeding 1°F (0.5°C) per 30 seconds. Observe the temperature reading on the controller when the test lamp goes out (cut-out temperature). Determine that the cut-out temperature on the thermal limit controller is equivalent to or greater than the chosen pasteurization standard. Where adjustment is necessary, refer to manufacturer's instructions. After adjustment, repeat the procedure above and when the results are satisfactory, record results for the office records.

c. Repeat the procedure for the other sensing element, (flow-diversion device). When proper cut-out temperature has been verified for both sensing elements, seal the controller system.

3. Application.—All HHST pasteurizers using direct contact heating.

Frequency.—Upon installation, and every 3 months thereafter; whenever the thermal limit controller seal is broken.

Criteria.—The pasteurizer shall not operate in forward flow unless pasteurization temperature has been achieved. The product flow shall be diverted at a temperature no lower than the chosen pasteurization standard.

Apparatus.—No supplemental materials needed.

Method.—The cut-in and cut-out temperatures are determined by observing the actual temperature in the constant temperature bath at which each of the three sensing elements signals for forward flow (cut-in) and diverted flow (cut-out).

Procedures.—a. Wire the test lamp in series with the control contacts of the sensing element (the holding tube). Immerse this sensing element in the constant temperature bath. Raise the bath temperature at a rate not exceeding 1°F (0.5°C) every 30 seconds. Observe the temperature reading on the controller when the test lamp lights (cut-in temperature). Record the temperature for the office record.

b. After the cut-in temperature has been determined and while the bath is above the cut-in temperature, allow the bath to cool slowly at a rate not exceeding 1°F (0.5°C) per 30 seconds. Observe the temperature reading on the controller when the test lamp goes out (cutout temperature). Determine that the cut-out temperature on the thermal limit controller is equivalent to or greater than the chosen pasteurization standard. Where adjustment is necessary, refer to manufacturer's instructions. After adjustment, repeat the procedure above and when the results are satisfactory, record results for the office record.

c. Repeat the procedure for the other two sensing elements, i.e., the vacuum chamber and flow-diversion device. Rewire the test lamp in series with the control contacts from each sensing element, respectively. When proper cut-out temperatures have been verified for all three sensing elements, seal the controller system.

TEST 11. CONTINUOUS FLOW HOLDERS—HOLDING TIME

Reference.—Item 16p(B).

Continuous flow holders shall be tested for holding times by one of the applicable tests.

1. Application.—To all HTST pasteurizers employing a holding time of 15 seconds or longer.

Frequency.—As set forth in application 2 below.

Criteria.—Every particle of milk shall be held for at least 15 seconds in both the forward- and diverted-flow positions.

Apparatus.—Electrical conductivity measuring device, Appendix 4 (I.) capable of detecting change in conductivity, equipped with standard electrodes; table salt (sodium chloride), 50 ml. syringe; stopwatch; suitable container for salt solution.

Method.—The holding time is determined by timing the interval for an added trace substance to pass through the holder. Although the time interval of the fastest particle of milk is desired, the conductivity test is made with water. The results found with water are converted to the milk flow time by formulation since a pump may not deliver the same amount of milk as it does water.

Procedure.—a. Examine the entire system to insure that all flow promoting equipment is operating at maximum capacity and all flow impeding equipment is so adjusted or bypassed as to provide the minimum of resistance to the flow. There shall be no leakage on the suction side of the timing pump.

b. Adjust variable speed pump to its maximum capacity (preferably with a new belt and full size impellers). Check homogenizers for seals and/or gears or pulley identification.

c. Install one electrode at the inlet to the holder and the other electrode in the holder outlet. Close the circuit to the electrode located at the inlet to the holder.

d. Operate the pasteurizer using water at pasteurization temperature, with flow-diversion device in forward-flow position.

e. Quickly inject 50 ml. of saturated sodium chloride solution into the holder inlet.

f. Start the stopwatch with the first movement of the indicator of a change in conductivity. Open the circuit to the inlet electrode and close the circuit to the electrode at the outlet of the holder.

g. Stop the stopwatch with the first movement of the indicator of a change in conductivity.

h. Record results

i. Repeat the test six or more times, until six successive results are within 0 5 seconds of each other. The average of these six tests is the holding time for water in forward flow. When consistent readings cannot be obtained, purge the equipment, check instruments and connections, and check for air leakage on suction side. Repeat tests. Should consistent readings not be obtained, use the fastest time as the holding time for water.

j. Repeat steps d. through i. for testing time on water in diverted flow.

k. With the pump at the same speed and equipment adjusted as in a. above, time the filling of a 10-gallon can with a measured weight of water using the discharge outlet with the same head pressure as in normal operation. Average the time of several trials. (Since flow rates of the large capacity units make it very difficult to check by filling a 10-gallon can, it is suggested that a calibrated tank of considerable size be used.)

l. Repeat procedure k. using milk.

m. Compute the holding time for milk from the following formula by weight, using the average specific gravity. Compute separately for forward flow and diverted flow.

Holding time for milk=(1.032(TMw)/Ww) (by weight), in which—

1.032 = specific gravity for milk;

T = average holding time for water;

Mw = average time required to deliver a measured weight of milk.

Ww = average time required to deliver an equal weight of water.

n. Record results for office record.

Corrective Action.—When the computed holding time for milk is less than that required either in forward flow or diverted flow, the speed of the timing pump shall be reduced or adjustment made in the holding tube, and the timing test repeated until satisfactory holding time is achieved. Should an orifice be used to correct the holding time in diverted flow, there should be no excessive pressure exerted on the underside of the valve seat of the flow-diversion device. Governors shall be sealed on motors that do not provide a constant speed as provided in Item 16p(B) § 2.46 b.6.ii.

2. Application. —To all HHST pasteurizers using indirect heating.

Frequency.—Upon installation and quarterly thereafter, whenever seal on speed setting is broken: any alteration is made affecting the holding time, the velocity of the flow (such as replacement of pump, motor, belt, drive or driven pulleys, or decrease in number of HTST plates) or the capacity of holding tube: or whenever a check of the capacity indicates a speedup. Except that semiannually two canfill measurements may be substituted for electrical conductivity measurements. The canfill measurements shall be conducted as provided in Item k. of Test 11 of this Appendix.

Criteria.—Every particle of product shall be held for the minimum holding time in both the forward-and diverted-flow positions.

Apparatus.—No supplemental materials needed.

Method.—Fully developed laminar flow is assumed and holding tube length is calculated. An experimental determination of pumping rate is required; this is accomplished by determining the time required for the pasteurizer to fill a vessel of known volume, converting these data by division to obtain flow rate in gallons per second, and multiplying this value by the proper number in Table 8 of this paragraph to obtain the required length of holding tube. Holding tube lengths for HHST pasteurizers with indirect heating for a pumping rate of 1 gallon/second are:

TABLE 8

| | Tubing size (inches) | | | | | | --- | --- | --- | --- | --- | --- | | Holding time (seconds) | 1 | 1½ | 2 | 2½ | 3 | | Holding tube length (inches) | | | | | | | 1 | 723.0 | 300.0 | 168.0 | 105.0 | 71.4 | | 0.5 | 362.0 | 150.0 | 84.0 | 52.4 | 35.7 | | 0.1 | 72.3 | 30.0 | 16.8 | 10.5 | 7.14 | | 0.05 | 36.2 | 15.0 | 8.4 | 5.24 | 3.57 | | 0.01 | 7.23 | 3.0 | 1.68 | 1.05 | 0.714 | | | | | | | |

Procedures. —a. Examine the entire system to ensure that all flow promoting equipment is operating at maximum capacity and all flow impeding equipment is so adjusted or bypassed to provide the minimum of resistance to the flow. This means that in-line filters must be removed, booster pumps must be in operation, and vacuum equipment in the system must be operating at a maximum vacuum. Also, before the tests are begun, the pasteurizer should be operated at maximum flow for a sufficient time to purge air from the system (about 15 minutes) and pipe connections on the suction side of the metering pump should be made tight enough to exclude entrance of air. With the pasteurizer operating with water, adjust the metering pump to its maximum capacity, preferably with a new belt and full-size impellers.

b. Determine that no flow exists in the diverted line, and measure the time required to deliver a known volume of water at the forward-flow discharge line. Repeat the test at least once to determine that the measurements are consistent.

c. Repeat the steps in paragraphs a. and b. of this procedure in diverted flow by collecting the effluent at the discharge of the divert line.

d. Select the greatest flow rate (shortest delivery time for the known volume) and calculate the flow rate in gallons per second by dividing the known volume by the time required to collect the known volume. Multiply this value with the appropriate value in Table 8 to determine the required holding tube length.

e. Determine the number and type of fittings in the holding tube and convert these to equivalent lengths of straight pipe with the use of Table 9 of this paragraph. Determine the total length of the holding tube by adding the equivalent lengths of the fittings to the measured straight lengths of pipe. Record the number and type of fittings, the number and length of straight pipes, and the holding tube configuration for the office record. If the temperature sensor is located at the beginning of the holding tube, the holding tube shall be protected against heat loss by material that is impervious to water.

TABLE 9 Centerline Distances of 3-A Fittings

| | | | | | | | --- | --- | --- | --- | --- | --- | | | Fitting size (inches) | | | | | | 3-A designation | 1 | 1½ | 2 | 2½ | 3 | | Centerline distance (inches) | | | | | | | 2C 90° bend | 3.4 | 4.8 | 6.2 | 8.0 | 9.7 | | 2CG 90° bend | 3.1 | 4.5 | 5.8 | 7.6 | 9.3 | | 2F 90° bend | 3.4 | 4.8 | 6.2 | 8.0 | 9.7 | | 2FG 90° bend | 3.1 | 4.5 | 5.8 | 7.6 | 9.3 | | 2E 90° bend | 3.4 | 4.8 | 6.2 | 8.0 | 9.7 | | 2EG 90° bend | 3.2 | 4.6 | 6.0 | 7.7 | 9.4 | | | | | | | |

Alternate procedure. —For pasteurizers of large capacity, the method of measuring flow rate at the discharge of the pasteurizer is inconvenient, and the following alternate test procedure may be used. Remove the divert line from the raw-product supply tank, and turn off the product pump feeding the raw-product supply task. Suspend a sanitary dip stick in the raw-product supply tank, and operate the pasteurizer at maximum capacity. Record the time required for the water level to move between two graduations on the dip stick. The volume of water is calculated from the dimensions of the raw-product supply tank and the drop in water level. Flow rate is determined as follows: Divide the volume of water removed from the raw-product supply tank by the time required to remove it.

Corrective action. —If the length of the holding tube is shorter than the calculated length, reseal the metering pump at a slower maximum speed, or lengthen the holding tube, or both, and repeat the above determination.

3. Application.—To all HHST pasteurizers using direct contact heating.

Frequency.—When installed and semiannually thereafter; whenever seal on the speed setting is broken; whenever any alteration is made affecting the holding time, the velocity of the flow, e.g., replacement of pump, motor, belt, driver or driven pulley, or decrease in the number of heat exchange plates, or the capacity of the holding tube; whenever a check of the capacity indicates a speedup.

Apparatus.—No supplemental materials needed.

Criteria.—Every particle of product shall be held for the minimum holding time in both forward- and diverted-flow positions.

Method.—Fully developed laminar flow and a temperature increase by steam injection of 120°F (67C) are assumed, the temperature-time standard is chosen by the processor, and the required holding tube length is calculated from an experimental determination of pumping rate.

Procedures. —a. Examine the entire system to ensure that all flow promoting equipment is operating at a maximum capacity and all flow impeding equipment is so adjusted or bypassed as so provide the minimum resistance to the flow. Remove in-line filters, make certain booster pumps are operating and that vacuum equipment in the system is operating at maximum vacuum. Also, before the tests are begun, operate the pasteurizer at maximum flow for a sufficient time to purge the air from the system (about 15 minutes) and tighten pipe connections on the suction side of the metering pump to exclude entrance of air. With the pasteurizer operating on water, adjust the metering pump to its maximum capacity. Determine that no flow exists in the diverted line, and measure the time required to deliver a known volume of water at the discharge of the pasteurizer in forward flow. Repeat the test at least twice to determine that the measurements are consistent.

b. Repeat the last step (a. above) in diverted flow by collecting the effluent at the discharge of the divert line. Select the greatest flow rate, the shortest delivery time for the known volume, and calculate the flow rate in gallons per second by dividing the known volume by the time required to collect the known volume. Multiply this value, gallons per second, with the appropriate value in Table 10 of this paragraph to determine the required holding tube length. Holding tube lengths for direct contact heating pasteurizers with a pumping rate of 1 gallon/second are:

TABLE 10

| | | | | | | | --- | --- | --- | --- | --- | --- | | | Tubing size (inches) | | | | | | Holding time (seconds) | 1 | 1½ | 2 | 2½ | 3 | | Holding tube length (inches) | | | | | | | 1 | 810.0 | 336.0 | 188.0 | 118.0 | 80.0 | | 0.5 | 405.0 | 168.0 | 94.0 | 59.0 | 40.0 | | 0.1 | 81.0 | 33.6 | 18.8 | 11.8 | 8.0 | | 0.05 | 40.5 | 16.8 | 9.40 | 5.90 | 4.0 | | 0.01 | 8.10 | 3.36 | 1.88 | 1.18 | 0.8 | | | | | | | |

c. Determine the number and type of fittings in the holding tube, and convert these to equivalent lengths of straight pipe with the use of Table 9.

Determine the total length of the holding tube by adding the equivalent lengths of the fittings to the measured lengths of straight pipe. If the actual holding tube length is equivalent to or greater than the required holding tube length, record the number and type of fittings, the number and length of straight pipes, and the holding tube configuration, for the office record. Make sure that the holding tube slopes upward at least 0.25 inch per foot. The holding tube shall also be protected against heat loss with insulation that is impervious to water if the temperature sensor is located at the beginning of the holding tube.

Alternate procedure. —For pasteurizers of large capacity, the method of measuring flow rate at the discharge of the pasteurizer is inconvenient, and the following alternate test procedure may be used. Remove the divert line from the raw product supply tank, and turn off the product pump feeding the raw-product supply tank. Suspend a sanitary dip stick in the raw-product supply tank, and operate the pasteurizer at maximum capacity. Record the time required for the water level to move between two graduations on the dip stick. Calculate the volume of water from the dimensions of the raw-product supply tank and the drop in water level. Determine flow rate as follows: Divide the volume of water, in gallons, removed from the raw-product supply tank by the time, in seconds, required to remove it. Then use Table 10 to calculate the required holding tube length.

Corrective action. —If the length of the holding tube is shorter than the calculated length, reseal the metering pump at a slower maximum speed, or lengthen the holding tube, or both, and repeat the procedure.

TEST 12. THERMAL LIMIT CONTROLLER FOR CONTROL-SEQUENCE LOGIC

References.—Items 16p(B), 16p(D).

Thermal limit controllers used with HHST systems that have the flow-diversion device located downstream from the regenerator and/or cooler shall be tested by one of the following applicable tests at the frequency specified.

1. Application. —To all HHST pasteurizers using indirect heating.

Frequency.—Upon installation, and every 3 months thereafter.

Criteria.—The pasteurizer shall not operate in forward flow until the product surfaces downstream from the holding tube have been sanitized on start up; surfaces shall be exposed to fluid at pasteurization temperature for at least pasteurization time. If the product temperature falls below the pasteurization standard in the holding tube, forward flow shall not be reachieved until the product surfaces downstream from the holding tube have been resanitized.

Apparatus.—A constant temperature bath of water or oil and the test lamp from the pneumatic testing device described in Test 9, 1 can be used to check the control-sequence logic of the thermal limit controller.

Method. —The control-sequence logic of the thermal limit controller is determined by monitoring the electric signal from the thermal limit controller during a series of immersions and removals of the two sensing elements from a bath heated above the cut-in temperature.

Procedures. —a. Heat a constant temperature water or oil bath a few degrees above the cut-in temperature on the thermal limit controller. Wire the test lamp in series with the signal from the thermal limit controller to the flow-diversion device. If some processors have time delays built into their control logic in excess of that required for public health reasons, bypass these timers or account for their effect in delaying forward flow.

b. Immerse the sensing element of the flow-diversion device in the bath, which is above the cut-in temperature. The test lamp should remain unlighted, i.e., diverted flow. Leave the sensing element in the bath

c. Immerse the sensing element from the holding tube in the bath. The test lamp should light up, i.e., forward flow after a minimum time delay of second.

d. Remove the sensing element of the flow-diversion device from the bath. the test lamp should remain lighted, i.e., forward flow.

e. Remove the holding tube sensing element from the bath The test lamp should go out immediately, i.e., diverted flow.

f. Reimmerse the sensing element of the holding tube in the bath. The test lamp should remain unlighted, i.e., diverted flow.

Corrective action. —If the control sequence logic of the thermal unit controller does not follow this pattern, the instrument shall be required to conform to this logic.

2. Application.—To all HHST pasteurizers using direct contact heating.

Frequency.—Upon installation, and every 3 months thereafter.

Criteria.—The pasteurizer shall not operate in forward flow until the product surfaces downstream from the holding tube have been sanitized on start up; surfaces shall be exposed to fluid at pasteurization temperature for at least pasteurization time. If the product temperature falls below the pasteurization standard in the holding tube, forward flow shall not be reachieved until the product surfaces downstream from the holding tube have been resanitized.

Apparatus.—A constant temperature bath of water or oil and the test lamp from the pneumatic testing device described in Test 9, 1 can be used to check the control-sequence logic of the thermal limit controller.

Method. —The control-sequence logic of the thermal limit controller is determined by monitoring the electric signal from the thermal limit controller during a series of immersions and removals of the three sensing elements from a bath heated above the cut-in temperature.

Procedures.—a. Heat a water or oil bath to a constant temperature, a few degrees above the cut-in temperature on the thermal limit controller. Wire the test lamp in series with the signal from the thermal limit controller to the flow-diversion device. If some processors have time delays built into their control logic in excess of that required for public health reasons, bypass these timers or account for their effect in delaying forward flow. Before performing this test, make sure the pressure switches which must be closed to achieve forward flow, have also been bypassed.

b. Immerse the sensing element from the flow-diversion device, in the bath, which is above the cut-in temperature. The test lamp should remain unlighted, i.e., diverted flow. Remove this sensing element from the bath.

c. Immerse the sensing element from the vacuum chamber, in the bath. The test lamp should remain unlighted, i.e., diverted flow. Remove the sensing element from the bath.

d. Immerse two sensing elements, from the vacuum chamber and flow-diversion device, in the bath. The test lamp should remain unlighted, i.e., diverted flow. Leave the two sensing elements in the bath.

e. Immerse the third sensing clement, from the holding tube in the bath. The test lamp should light up, i.e., forward flow, after a minimum time delay of 1 second.

f. Remove one sensing element, the flow-diversion device, from the bath. The test lamp should remain lighted, i.e., forward flow.

g. Remove another sensing element, the vacuum chamber, from the bath. The test lamp should remain lighted, i.e., forward flow.

h. Remove the last sensing element, the holding tube, from the bath. The test lamp should go out, i.e., diverted flow, immediately.

i. Reimmerse the sensing element, holding tube, in the bath. The test lamp should remain unlighted, i.e., diverted flow.

Corrective action.—If the control-sequence logic of the thermal limit controller does not follow the pattern set out in the procedures section, the instrument shall be rewired to conform to this logic.

TEST 13. SETTING OF CONTROL SWITCHES FOR PRODUCT PRESSURE IN THE HOLDING TUBE

Reference.—Item 16p(B).

Application.—To all HHST pasteurizers using direct contact heating.

Frequency.—Upon installation, and every 3 months thereafter; whenever the pressure switch seal is broken; and whenever the operating temperature is changed.

Criteria.—The pasteurizer shall not operate in forward flow unless the product pressure in the holding tube is at least 10 psi above the boiling pressure of the product.

Apparatus.—A sanitary pressure gauge and a pneumatic testing device described in Test 9,1 can be used for checking and adjusting the pressure switch setting.

Method.—The pressure switch is checked and adjusted so as to prevent forward flow unless the product pressure in the holding tube is at least 10 psi above the boiling pressure of the product.

Procedure. —From Figure 31 determine the pressure switch setting necessary for the operating temperature (not the diversion temperature) being used in the process. Install the sanitary pressure gauge of known accuracy and the pressure switch sensing element on the pneumatic testing device. Remove the seal and cover to expose the adjustment mechanism on the pressure switch. Place the test lamp in series with the pressure switch contacts or use some other method to monitor the cut-in signal. Apply air pressure to the sensing element, and determine the pressure gauge reading at the cut-in point of the switch which will light the test lamp. If the switch is short circuited, the lamp will be lighted before air pressure is applied. Determine that the cut-in pressure on the switch is equivalent to or greater than the required pressure from Figure 31. Where adjustment is necessary, refer to manufacturer's instruction. After adjustment, repeat the procedure set out in this paragraph. When the results are satisfactory, seal the pressure switch setting and record the results for the office record. For each operating temperature on HHST pasteurizers using direct contact heating, the product pressure switch setting is as follows:

TEST 14. SETTING OF CONTROL SWITCHES FOR DIFFERENTIAL PRESSURE ACROSS THE INJECTOR

Application.—To all HHST pasteurizers using direct contact heating.

Frequency.—Upon installation and every 3 months thereafter; whenever the differential pressure controller seal is broken.

Criteria.—The pasteurizer shall not operate in forward flow unless the product pressure drop across the injector is at least 10 psi.

Apparatus.—A sanitary pressure gauge and a pneumatic testing device described in Test 9,1 can be used for checking and adjusting the differential pressure controller.

Method.—Check the differential pressure switch and adjust it so as to prevent forward flow unless the differential pressure across the injector is at least 10 psi.

Procedure.—Remove both pressure sensing elements from their original locations on the pasteurizer, install the sanitary pressure gauge of known accuracy and the pressure sensing element that is installed prior to steam injection on the pneumatic testing device. Leave the other pressure sensing element open to the atmosphere but at the same height as the sensing element connected to the pneumatic testing device. Wire the test lamp in series with the microswitch of the differential pressure controller or use the method provided by the instrument manufacturer to monitor the cut-in signal. Apply air pressure to the sensing element and determine the pressure gauge reading at the cut-in point of the differential pressure switch that will light the test lamp. Determine that the differential pressure cut-in on the controller is at least 10 psi. Where adjustment is necessary, refer to manufacturer's instructions. After adjustment, repeat the procedure set forth in this paragraph. When the results are satisfactory, seal the instrument and record the results for the office record.

1 CRR-NY App. 5 Appendix 5 {#sec-1-crr-ny-app.-5 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY App. 5}

STANDARDS FOR WATER SOURCES

(cf. Part 3)

WATER RECLAIMED FROM THE CONDENSING OF MILK, MILK PRODUCTS, AND WHEY

Condensing water from milk and whey evaporators and water reclaimed from milk, milk products or whey shall comply with the following requirements:

1. Water shall comply with the bacteriological standards of Appendix G, p. 139, of the Grade A Pasteurized Milk Ordinance--1978 Recommenda-tions of the United States Public Health Service/Food and Drug Administration, and in addition shall not exceed a total plate count of 500 per milliliter.

2. Samples shall be collected daily for two weeks following initial approval of the installation and semi-annually thereafter:Provided, That daily tests shall be conducted for 1 week following any repairs or alteration to the system.

3. The organic content shall be less than 12 milligrams per liter as measured by the Chemical Oxygen Demand or permanganate consumed test; or a standard turbidity of less than 5 units.

4. Automatic failsafe monitoring devices shall be used to monitor and automatically divert to the sewer any water which exceeds the standard.

5. The chemical quality shall be satisfactory and the chloroform extractables shall be less than 200 ppb.

6. The water shall be of satisfactory organoleptic quality and shall have no off-flavors, odors or slime formations.

7. The water shall be sampled and tested organoleptically at weekly intervals.

8. Approved chemicals such as chlorine with a suitable detention period may be used to suppress the development of bacterial growth and prevent the development of tastes and odors.

9. The addition of approved chemicals shall be by an automatic proportioning device prior to the water entering the storage tank to assure satisfactory quality water in the storage tank at all times.

10. When approved chemicals are added, a daily testing program for such added chemicals shall be in effect and shall not add substances that will prove deleterious to the use of the water or contribute to product contamination.

11. The storage vessel shall be properly constructed of such material that it will not contaminate the water and can be satisfactorily cleaned.

12. The distribution system within a plant for such reclaimed water shall be a separate system with no cross connections to a municipal or private water system.

13. All physical, chemical, and microbiological tests shall be conducted in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater.

1 CRR-NY App. 6 Appendix 6 {#sec-1-crr-ny-app.-6 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY App. 6}

SANITIZATION

(cf. Part 3)

I. Methods of Sanitization

CHEMICAL

Certain chemical compounds are effective for the sanitization of utensils, containers, and equipment. The bactericidal activity of such compounds is influenced by temperature, hydrogen-ion concentration (pH), and, in some instances, by interfering substances in the water in which they are used.

The activity of chemical sanitizers may also be adversely affected by ingredients in washing compounds and organic matter carried over from the wash solution. Consequently, a rinse between washing and bactericidal treatment is important in maintaining the strength of solutions. Similarly, deposits of milk solids on utensil surfaces interfere with bactericidal activity, and chemical sanitizers cannot be relied upon unless the surfaces to be treated are clean.

Temperature, pH and exposure time also influence the corrosive action of the chemical bactericides and sanitizers on materials used for product-contact surfaces of equipment, containers, utensils, and pipelines. Minimum treatment consistent with sanitizing requirements will aid in preserving the sanitary finish of surfaces.

Hypochlorites.—Either calcium or sodium hypochlorite (stock powder or solution) is a satisfactory chemical sanitizer.

An exposure period of at least 1 minute to at least 50 ppm available chlorine should be maintained when the temperature is at least 75°F (24°C). Under these conditions, an exposure of 1 minute is considered adequate for all hypochlorites, including the slower, more alkaline compounds. Lower solution temperatures result in slower action; for each 18°F (10°C) drop in temperature, approximately double the exposure time is needed to achieve equivalent bactericidal action with the same strength of solution. It is also possible to compensate for lower temperatures by increasing the concentration of the bactericide.

Hypochlorite bactericides cannot be relied upon in the presence of large amounts of milk or other organic matter. A sharp decline in the available chlorine content of a sanitizer following circulation through processing equipment is usually regarded as evidence of inadequate cleaning and should be promptly investigated. When a spray is used in lieu of circulation or immersion, the above specified concentrations of available chlorine should be doubled.

Organic Chlorine Compounds.—The bactericidal action of chloramine T, the chlorinated hydantoins, the chlorinated isocyanurates and other organic forms of chlorine are significantly affected by pH.A

Note.—Trichloromelamine, an organic chlorine, may not be used to sanitize product containers and equipment.

For example, with chloramine T solutions, the maximum pH which can be tolerated and still provide satisfactory results at 200 ppm available chlorine is 7.2; at 100 ppm concentration it is 6.8; and at the 50 ppm level, 6.4. Thus, satisfactory results with formulations of the chemical based on the above equivalent germicidal activities cannot be expected with products which ionize in solutions to give pH values higher than 6.4. The practical value of chloramine T is limited to situations where long exposure periods are practicable, or where a low pH can be provided.

Chlorinated hydantoin formulations giving solutions of pH 7.0 and below should be satisfactory.

Satisfactory results in chlorinated isocyanuric acid solutions of pH values up to 9.5 can be expected.

The marked differences found in bactericidal activity of organic chlorine compounds over the pH range illustrate the necessity of establishing the conditions of use, including concentration, from experimental data.

Quaternary Ammonium Compounds.—Continued field use has established that certain quaternary ammonium compounds are effective bactericides for the treatment of utensils, containers, and equipment. The bactericidal effectiveness of specific quaternary ammonium compounds varies and is influenced by the chemical nature and concentration of active agent, temperature, pH, exposure time, and by interfering substances present in natural waters. It has been established that the interference of natural waters is due principally to bicarbonates, sulphates, and chlorides of calcium and magnesium. B Ferrous bicarbonate may also interfere to a lesser degree but its interference is minimized when the iron is oxidized. Any treatment which tends to precipitate, remove or inactivate calcium or magnesium reduces this interference as do increased pH and temperature.

Products containing n-alkyl (C8-C18 dimethyl benzyl ammonium chlorides, n-alkyl (C14-C18) dimethyl benzyl ammonium chlorides, alkyl dimethyl dichlorobenzyl ammonium chlorides and n-alkyl (C12-C18) dimethyl ethylbenzyl ammonium chlorides are effective in waters ranging from 550 to 1,100 ppm hardness without added sequestering agents. Other quaternary products such as diisobutyl phenoxy ethoxy ethyl dimethyl benzyl ammonium chloride and methyl dodecyl benzyl trimethyl ammonium chloride-methyl dodecyl xylene bis (trimethyl ammonium chloride) require compounding with sufficient sodium tripolyphosphate to raise their hard water ceiling levels to a minimum of 500 ppm hardness at use concentrations. By proper formulation, however, levels up to 1,200 ppm are possible. The above products have been found to be bactericidally effective when used:

1. At concentrations of 200 ppm or more;

2. At pH levels of 5.0 or higher;

3. At temperatures of 75°F (24°C) or higher; and

4. For a 30-second exposure period.

The above-named compounds without sequestering agents are also effective within certain limits of water hardness under the conditions of use enumerated above however, the level of hardness at which bactericidal activity is reduced below that necessary for effective treatment, varies among the four named compounds and may be influenced by other ingredients in a proprietary formulation. Accordingly, the limiting hardness should be established for the use of each quaternary ammonium product. Unless stated on the label,c the regulatory agency should request such information from the manufacturer.

Bacteriological data should be used to establish the usefulness of the above named quaternary ammonium compounds and sequestering agents and any others:

1. At temperatures less than 75°F (24°C); or

2. At a pH below 6.0; or

3. When combined with a compatible sequestering agent in waters above 500 ppm of hardness; or

4. Without, or with less than, the specified amount of sequestering agent. Suggested methods and criteria are given in a following subsection on Other Chemical Sanitizers.

Iodine Compounds.—Another type of halogen sanitizer that has been found effective consists of a combination of iodine with certain nonionic substances. Although iodine is only slightly soluble in water and is volatile; in combination with nonionic wetting agents as an iodophor, it is readily soluble in water and is less volatile. When diluted for use, iodophors have a low pH which enhances their germicidal qualities. Increasing the temperatures of a sanitizing solution containing iodophors also increases its effectiveness, but above 120°F (49°C) iodine volatilizes, resulting in a decrease in solution strength.

In solution, iodophors are yellow or amber in color and the intensity is proportional to the concentration of iodine. Concentrations of 12.5 ppm when used as a bactericide only and 25 ppm when used as a detergent-sanitizer have been found effective. The concentration of iodine can be determined by titration with sodium thiosulfate, and color tests for field use are available. Since the bactericidal properties of different proprietary formulations may vary because of differences in ingredients and pH, their effectiveness may be evaluated by the use of a bacteriological test procedure such as that proposed by Weber and Black D or the Chambers modification thereofE.

Detergent-Sanitizers. —Bactericides are sometimes combined with detergents in proprietary formulations for the cleaning and bactericidal treatment of containers, utensils, and equipment in a single operation. Such use has been reported to be effective under certain conditions for the cleaning and bactericidal treatment of dairy farm equipment, milk tank trucks, and similar equipment.

The limitations of detergent-sanitizer combinations should be understood if they are to be used effectively. Certain sanitizers and detergents cannot be combined in solution without impairment of bactericidal properties, cleaning properties, or both. In addition, the activity of a detergent-sanitizer is likely to be reduced more rapidly by the presence of milk solids and other organic matter in a combined operation than when bactericidal treatment is a separate process which follows cleaning.

These factors tend to point up the fact that the usefulness of a detergent-sanitizer for the combined cleaning and sanitizing treatment of product-contact surfaces is dependent on both the composition of the product and its intended use.

"Single-step" operations are actually considered most dependable when the amount of detergent-sanitizer can be carefully proportioned to the exact needs of the equipment involved, assuring effective cleaning and sanitizing, while minimizing the chance of residual chemical deposits on the equipment treated.

Further, and of equal importance to the above, is the need for the protection between treatment and use of all product-contact surfaces so sanitized. The application of untreated rinse water; the handling of equipment, as in the assembly of milking machines on farms or piping systems in milk plants; and the exposure of treated surfaces to airborne contamination through extended storage periods all tend to downgrade the values suggested for detergent-sanitizers.

These precautions are suggested where detergent-sanitizers are used:

1. Equipment to be treated should be thoroughly prerinsed.

2. Solutions should be prepared and used according to manufacturer's directions.

3. Treated equipment which is exposed to any of the hazards of contamination described above should be resanitized prior to use.

Other Chemical Sanitizers. —Bactericides other than those described in the previous sections are also available which are suitable for use on milk equipment. Compounds containing bromine and iodine have been found to be effective for bactericidal treatment. In addition, other types of chemical agents are being compounded into proprietary formulations for the bactericidal treatment of milk equipment; however, their bactericidal effectiveness varies with specific formulations. Such compounds should be safe, and the recommended conditions of usage should provide bactericidal treatment at least equal to that given by 50 ppm of chlorine as hypochlorite at pH 10.0, at a temperature of 75°F (24°C), and with an exposure period of 1 minute.F

Sanitizing solutions should be prepared at a concentration such as to provide bactericidal effectiveness (for circulation and immersion applications) equivalent to that of hypochlorite solutions at a concentration of 50 ppm of available chlorine.

The bactericidal efficiency of chemical compounds may be evaluated without direct comparison to chlorine. Suitable data may be obtained by use of a bacteriological test procedure such as that proposed by Weber and BlackD, or the Chambers modification thereof E. These tests provide better comparative data at an endpoint somewhat less than total kill of the test cultures. Therefore, the test time is less than 1-minute exposure period prescribed in Section 7 of this Ordinance. Bactericides which, in recommended concentration, produce a 99.999-percent kill of 75-125 million E. coli ATTC 11229 and of 75-125 million M. pyogenes var. aureus ATCC 6538, within 30, seconds at 70°-75°F (22°-24°C), should be considered satisfactory. Swab tests of treated equipment do not furnish sufficient data for this purpose. Valid data can be obtained only when stock cultures and suspensions of the test organisms are prepared in a manner that uniformly maintains their normal level of resistance to germicidal action. Periodic checks to determine the consistency of test results, using a well known chemical such as phenol, are helpful in this regard. The importance of adhering strictly to the composition of mediums and manner of transplanting cultures specified in the test procedures cannot be overemphasized.

II. Sanitization of Assembled Equipment

STEAM

When steam is used, each group of assembled piping shall be treated separately by inserting the steam hose into the inlet and maintaining steam flow from the outlet for at least 5 minutes after the temperature of the drainage at the outlet has reached 200°F (94°C). (The period of exposure required here is longer than that required for individual cans, etc., because of the heat lost through the large surface exposed to the air.) Covers must be in place during treatment.

HOT WATER

Hot water may be used by pumping it through the inlet if the temperature at outlet end of the assembly is maintained to at least 170°F (77°C) for at least 5 minutes.

CHEMICALS

When chlorine or another chemical solution is used, the solution appearing at the outlet end shall show in excess of the minimum required strength. The chemical solution shall be pumped through the entire equipment for at least 1 minute. Unions and other connectors should be slightly loosened to permit treatment of gaskets and threads, except on lines cleaned-in-place. Surfaces which are not reached by the chemical solution shall be treated with steam as previously described, spray application of chemical solution or by other acceptable means. Header ends and connecting piping of cabinet coolers should not be overlooked, since condensation from them may enter the collecting trough. Chemical sanitizing solutions should be prepared fresh for each use.

TREATMENT OF EQUIPMENT

The treatment of milk cans, coolers, packaging machines, other equipment, and all parts thereof, requires special consideration. Large equipment may be treated by thorough swabbing with a bactericidal solution of adequate strength, allowing the solution film to remain at least one minute.

III. Sanitizer Strength and Water Hardness Tests

TESTS FOR CHLORINE CONCENTRATION

Three types of field tests are satisfactory for chlorine concentration determinations:

Starch-Iodide Method (iodometric).—This test makes use of the fact that chlorine displaces iodine from potassium iodide in an acid solution (low pH). See general discussions in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Iodine, plus starch, forms a blue color which is removed (decolorized) by the addition of standard sodium thiosulphate. The quantity of standard sodium thiosulphate required to remove the starch-iodine color is a measure of the chlorine present.

Field kits are available which give satisfactorily accurate readings of available chlorine. In some of these kits, the starch and potassium iodide are mixed in dry form for convenience of handling. Some use a liquid acid while others employ, for convenience, a crystalline one, such as sulphamic acid. The sodium thiosulphate is unstable unless a preservative is added. Some test kits make use of a preserved standardized sodium thiosulphate so that one drop of solution is equivalent to 10 ppm of available chlorine. Test kits should be checked periodically against standardized chlorine solutions.

Orthotolidine Colorimetric Comparison.—This test is based on the fact that orthotolidine, which is colorless, forms an orange-brown colored compound when added to chlorine. The depth of color is a measure of the amount of chlorine present. A concentration of 20 ppm of available chlorine causes a precipitate. Consequently, solutions which are concentrated must be diluted, usually at least 1:10 with chlorine-free water. Specific directions and color standards for comparison are included in test kits. Such test kits are available commercially. Color develops more slowly with alkaline hypochlorites than with the less alkaline compounds. Chloramines are considerably slower than alkaline hypochlorites in color formation, usually requiring at least 5 minutes.

Indicator Paper Test.—The indicator paper test is widely used in situations where a high degree of accuracy is not required. It is a convenient, rapid, and generally a useful screening device. Ranges of chlorine concentration are indicated by the color developed on the test paper (usually starch-iodide impregnated) as it is immersed in the solution being tested.

Indicator papers are subject to rather rapid deterioration, especially if they are stored in a damp or chemically adverse environment. Their accuracy also suffers when they are handled excessively, especially if the operator's hands have been exposed to detergents, sanitizers, or other chemically active substances.

TESTS FOR QUATERNARY AMMONIUM COMPOUNDS

Test kits are available which give satisfactory accurate readings within the range of recommended quaternary ammonium compound concentrations.

In some, the reagents are tableted for convenience of handling; others make use of test papers. Where the sanitizing solution is essentially clear and free from organic contamination, the above chemical test procedures will measure the amount of bactericidally active quaternary ammonium compound present during or after use. Where organic contamination is apparent, as evidenced by cloudiness in the sanitizing solution, the test sample should be heated to boiling for at least 5 minutes, and the supernatant liquid made up to volume with water and then removed for testing by pipetting or decantation in order to differentiate between the total amount of quarternary ammonium compound present and the amount bactericidally active G. If there is reason to verify the concentration of the stock quaternary ammonium compound solution from which the standardized solutions are made, a laboratory procedure such as that of Furlong and Elliker may be used.H

TESTS FOR WATER HARDNESS

The water to be used for preparing solutions should, if pertinent, be within the range of hardness in which the proprietary formulation to be used is effective. Hardness may be determined by either the Hardness by Calculation Method or the Versenate Test (EDTA, titration method, ammonium buffer procedure), as described in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association.

TESTS FOR HYDROGEN-ION CONCENTRATION

Hydrogen-ion concentration (pH) has a pronounced effect on the activity of sanitizing solutions. Consequently, solutions must be maintained in the pH range within which the bactericidal agent is effective. In most cases, the pH of the solution is dependent upon the buffering action of the compound used. The pH of bactericide solutions can best be determined electrometrically, using the glass electrode. However, for a field test, colorimetric methods are more applicable. Two types of test kits for such determinations are available commercially. Colorimetric readings should be made immediately, because of the tendency toward oxidation and decolorization of the indicator. Such indicators as bromthymol blue, cresol red, thymol blue, or others are satisfactory, depending upon the pH range desired.

References

A Ortenzio, L. F., and Stuart, L. S., The Behavior of Chlorine-Bearing Organic Compounds in the AOAC Available Chlorine Germicidal Equivalent Concentration Test. Journal of the Association of Official Agricultural Chemists. August 1959.

B Chambers, Kabler, Bryant, Chambers, and Ettinger, Bacterial Efficiency of Q.A.C in Different Waters. Public Health Reports, 70:545-554. June 1955.

C Bactericides shipped interstate are subject to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act and their labels must be registered with the U. S. Environmental Protection Agency.

D American Journal of Public Health, 38:1405-17, 1948.

E Chambers C. W., A Procedure for Evaluating the Efficiency of Bactericidal Agents, Journal of Milk and Food Technology, 19:183-187, July 1990.

F Criteria for the Selection of Germicides, American Journal of Public Health, 51:1054-60, July 1961.

G Law, McNulty and Rakus, Development of a Procedure for Chemical Assay of the Bacterially Active Ingredient in Quaternary Ammonium Sanitizing Solutions, Manufacturing Chemist and Aerosol News. November 1964. Lautier Fils Ltd., London.

H Journal of Dairy Science, 36:225-234, March 1953.

1 CRR-NY App. 7 Appendix 7 {#sec-1-crr-ny-app.-7 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY App. 7}

AIR FOR DRYING EQUIPMENT AND AIR UNDER PRESSURE--PRODUCT-CONTACT SURFACES

(cf. Part 3)

I. Air for Drying Equipment

Filter Media.—Intake air filter media shall consist of cotton flannel, wool flannel, spun metal, activated carbon, activated alumina, nonwoven fabric, absorbent cotton fiber, electrostatic, or other suitable materials which, under conditions of intended use, are non-toxic and non- shedding and which do not release toxic volatiles or other contaminants to the air, or volatiles which impart any flavor or odor to the product. Chemical bonding materials contained in the media shall be non-toxic, non- volatile and insoluble under all conditions of use. Disposable media are not intended to be cleaned and re-used.

Filter Performance.—The air supply system and/or ducting shall be such that the air supply is caused to pass through suitable air filters properly installed before coming in contact with product-contact surfaces of the drying system. Supply air filters for air which will be heated before it comes in contact with the product shall be of a design selected to operate at a face velocity, and installed in a manner which will allow the filter manufacturer's rating to be 90 percent or higher, when tested in accordance with the ASHRAE Synthetic Dust Arrestance test.A

Supply air filters for air which will not be heated before it comes in contact with the product shall be of a design, selected to operate at a face velocity, and installed in a manner which will allow the filter manufacturer's rating to be 85 percent or higher when tested in accordance with the ASHRAE Atmospheric Dust Spot Method.A

II. Air Under Pressure—Product-Contact Surfaces

MATERIAL

Filter Media.—Air intake and pipeline filters shall consist of fiberglass, cotton flannel, wool flannel, spun metal, electrostatic material, or other equally acceptable filtering media, which are non- shedding and which do not release to the air, toxic volatiles, or volatiles which may impart any flavor or odor to the product.

Disposable media filters shall consist of cotton flannel, wool flannel, spun metal, nonwoven fabric, U.S.P. absorbent cotton fiber, or suitable inorganic materials which, under conditions of use, are non-toxic and nonshedding. Chemical bonding material contained in the media shall be nontoxic, nonvolatile, and insoluble under all conditions of use. Disposable media shall not be cleaned and reused.

Filter Performance.—The efficiency of intake filters shall be at least 50 percent as measured by the National Bureau of Standards' "Dust Spot Method"B using atmospheric dust as the test aerosol.

The efficiency of either air pipeline filters or disposable filters shall be at least 50 percent as measured by the DOP (Dioctyl 1-phthalate fog) testC.

Piping.—Air distribution piping, fittings, and gaskets between the terminal filter and any product or product-contact surface shall be sanitary milk piping, except where the compressing equipment is of the fan or blower type. When the air is used for such operations as removing containers from mandrels, other nontoxic materials may be used.

FABRICATION AND INSTALLATION

Air Supply Equipment.—The compressing equipment shall be designed to preclude contamination of the air with lubricant vapors and fumes. Oil-free air may be produced by one of the following methods or their equivalent:

1. Use of a carbon ring piston compressor.

2. Use of oil-lubricated compressor with effective provision for removal of any oil vapor by cooling the compressed air.

3. Water-lubricated or nonlubricated blowers.

The air supply shall be taken from a clean space or from relatively clean outer air and shall pass through a filter upstream from the compressing equipment. This filter shall be located and constructed so that it is easily accessible for examination, and the filter media are easily removable for cleaning or replacing. The filter shall be protected from weather, drainage, water, product spillage, and physical damage.

MOISTURE REMOVAL EQUIPMENT.—If it is necessary to cool the compressed air, an aftercooler shall be installed between the compressor and the air storage tank for the purpose of removing moisture from the compressed air.

FILTERS AND MOISTURE TRAPS.—Filters shall be constructed so as to assure effective passage of air through the filter media only.

The air under pressure shall pass through an oil-free filter and moisture trap for removal of solids and liquids. The filter and trap shall be located in the air pipeline downstream from the compressing equipment and from the air tank, if one is used. Air pipeline filters and moisture traps downstream from compressing equipment shall not be required where the compressing equipment is of the fan or blower type.

A disposable media filter shall be located in the sanitary air pipelines upstream from and as close as possible to each point of application or ultimate use of the air.

AIR PIPING.—The air piping from the compressing equipment to the filter and moisture trap shall be readily drainable.

A product-check valve of sanitary design shall be installed in the air piping downstream from the disposable media filter to prevent backflow of product into the air pipeline, except that a check valve shall not be required if the air piping enters the product zone from a point higher than the product overflow level which is open to the atmosphere.

The requirements of this section do not apply when the compressing equipment is of the fan or blower type. See illustrations depicting various air supply systems.

Note.—For additional details, see 3-A Accepted Practices for Supplying Air Under Pressure in Contact With Milk, Milk Products, and Product-Contact Surfaces.

References

A The method of making these tests will be found in the following reference: Method of Testing Air Cleaning Devices, ASHRAE Standard 52-76. Available from The American Society of Heating, Refrigerating, and Air- Conditioning Engineers, Inc., 345 E. 47th St., New York, New York 10017.

B Dill, R. S., A Test Method for Air Filters. Transactions of the American Society of Heating and Ventilation Engineers, 44:379, 1938.

C DOP-Smoke Penetration and Air Resistance of Filters, Military Standard No. 282, section 102.9.1 Naval Supply Depot, 5801 Tabor Avenue, Philadelphia, Pennsylvania 19120.

1 CRR-NY App. 8 Appendix 8 {#sec-1-crr-ny-app.-8 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY App. 8}

CULINARY STEAM--MILK, MILK PRODUCTS AND WHEY

(cf. Part 3)

The following methods and procedures will provide steam of culinary quality for use in the processing of milk, milk products and whey.

SOURCE OF BOILER FEED WATER

Potable water or water supplies acceptable to the regulatory agency shall be used.

FEED WATER TREATMENT

Feed waters may be treated, if necessary, for proper boiler care and operation. Boiler feed water treatment and control shall be under the supervision of trained personnel or a firm specializing in industrial water conditioning. Such personnel shall be informed that the steam is to be used for culinary purposes. Pretreatment of feed waters for boilers or steam generating systems to reduce water hardness, before entering the boiler or steam generator by ion exchange or other acceptable procedures, is preferable to addition of conditioning compounds to boiler waters. Only compounds complying with Section 173.310 of Title 21 of the Code of Federal Regulations may be used to prevent corrosion and scale in boilers or to facilitate sludge removal.

Greater amounts shall not be used of the boiler water treatment compounds than the minimum necessary for controlling boiler scale or other boiler water treatment purposes. No greater amount of steam shall be used for the treatment and/or pasteurization of milk, milk products and whey than necessary.

It should be noted that tannin, which is also frequently added to boiler water to facilitate sludge removal during boiler blow-down has been reported to give rise to odor problems, and should be used with caution.

Boiler compounds containing cyclohexylamine, morpholine, octadecylamine, diethylaminoethanol, trisodium nitrilotriacetate, and hydrazine shall not be permitted for use in steam in contact with milk, milk products and whey.

BOILER OPERATION

A supply of clean, dry saturated steam is necessary for proper equipment operation; boilers and steam generation equipment shall be operated in such a manner as to prevent foaming, priming, carryover and excessive entrainment of boiler water into the steam. Carryover of boiler water additives can result in the production of off-flavors. Manufacturers' instructions regarding recommended water level and blow-down should be consulted and rigorously followed. The blow-down of the boiler should be carefully watched, so that an over-concentration of the boiler water solids and foaming is avoided. It is recommended that periodic analyses be made of condensate samples. Such samples should be taken from the line between the final steam separating equipment and the point of the introduction of steam into the product.

PIPING ASSEMBLIES

Suggested piping assemblies for steam infusion or injection are shown on Figure 5.

Other assemblies which will assure a clean dry saturated steam are acceptable.

1 CRR-NY App. 9 Appendix 9 {#sec-1-crr-ny-app.-9 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY App. 9}

THERMOMETER SPECIFICATIONS

(cf. Part 3)

INDICATING THERMOMETERS LOCATED ON PASTEURIZATION PIPELINES

Type.—Mercury-actuated; direct-reading; contained in corrosion-resistant case which protects against breakage and permits easy observation of column and scale; filling above mercury, nitrogen, or equally suitable gas.

Magnification of Mercury Column. —To apparent width of not less than 0.0625 of an inch.

Scale. —Shall have a span of not less than 25 Fahrenheit degrees (14 Celsius degrees), including the pasteurization temperature plus and minus 5°F (3°C); graduated in 0.5°F (0.25°C) divisions with not more than 8 Fahrenheit degrees (4 Celsius degrees) per nch of scale; protected against damage at 220°F (105°C).

Accuracy.—Within 0.5°F (0.25°C), plus or minus throughout specified scale span. (Appendix 10, Test 1)

Stem Fittings.—Pressure-tight seat against inside wall of fittings; no threads exposed to product; distance from underside of ferrule to top of the sensitive portion of bulb not less than 3 inches.

Thermometric Response.—When the thermometer is at room temperature and then is immersed in a well-stirred water bath 19°F (11°C) or less above the pasteurization temperature, the time required for the reading to increase from water bath temperature minus 19°F (11°C) to water bath temperature minus 7°F (4°C) shall not exceed 4 seconds. (Appendix 10, Test 6)

Bulb.—Corning normal, or equally suitable thermometric glass.

RECORDER/CONTROLLERS FOR CONTINUOUS PASTEURIZERS

Case. —Moistureproof under normal operating conditions in pasteurization plants.

Chart Scale.—Shall have a span of not less than 30 Fahrenheit degrees (17 Celsius degrees), including the temperature at which diversion is set, plus and minus 12°F (7°C), graduated in temperature scale divisions of 1°F (0.5°C) spaced not less than 0.0625 of an inch apart at the diversion temperature, plus or minus 1°F (0.5°C): Provided, That temperature-scale divisions of 1°F (0.5°C) spaced not less than 0.040 of an inch apart are permitted when the ink line is thin enough to be easily distinguished from the printed line, graduated in time scale divisions of not more than 15 minutes, having an equivalent 15 minute chord or straight-line length of not less than 0.25 of an inch at the diversion temperature, plus or minus 1°F (0.5°C).

Temperature Accuracy. —Within 1°F (0.5°C), plus or minus, at the temperature at which the controller is set to divert, plus and minus 5°F (3°C). (Appendix 10, Test 2)

Power Operated. —All recorder/controllers for continuous pasteurization shall be electrically operated.

Pen-Arm Device.—Easily accessible; simple to adjust.

Pen and Chart Paper.—Pen designed to give line not over 0.025 of an inch wide; easy to maintain.

Temperature Sensing Device.—(Bulb, tube, spring, thermister) protected against damage at temperature of 220°F (105°C).

Submerged Stem Fitting.—Pressure-tight seat against inside wall of pipe; no threads exposed to products; location from underside of ferrule to the sensitive portion of the bulb not less than 3 inches.

Chart Speed. —A circular chart shall make one revolution in not more than 12 hours. Two charts shall be used if operations extend beyond 12 hours in 1 day. Circular charts shall be graduated for a maximum record of 12 hours. Strip-charts may show a continuous recording over a 24-hour period.

Frequency Pen. —The recorder/controller shall be provided with an additional pen-arm for recording, on the outer edge of the chart, the record of the time at which the flow-control device is in the forward-flow, diverted-flow, or stopped position. The chart time line shall correspond with the reference arc, and the recording pen shall rest upon the time line matching the reference arc.

Controller. —Actuated by same sensor at recorder pen but cut-in and cut-out response independent of pen-arm movement.

Controller Adjustment.—Mechanism for adjustment of response temperature simple, and so designed that the temperature setting cannot be changed or the controller manipulated without detection.

Thermometric Response. —With the recorder/controller bulb at room temperature and then immersed in a well stirred water or oil bath at 7°F (4°C) above the cut-in point, the interval between the moment when the recording thermometer reads 12°F (7°C) below the cut-in temperature and the moment of power cut-in shall be not more than 5 seconds. (Appendix 10, Test 7)

Chart Support Drive.—The rotating chart support drive shall be provided with a pin to puncture the chart in a manner to prevent its fraudulent rotation.

INDICATING THERMOMETERS USED IN STORAGE TANKS

Scale Range.—Shall have a span not less than 50 Fahrenheit degrees (28 Celsius degrees) including normal storage temperatures plus and minus 5°F (3°C) with extension of scale on either side permitted; graduated in not more than 2°F (1°C) divisions.

Temperature Scale Divisions. —Spaced not lest than 0.0625 of an inch apart between 32°F and 55°F (0°C and 13°C).

Accuracy. —Within 2°F (1°C) plus or minus, throughout the specified scale range.

Stem Fitting.—Pressure-tight seat or other suitable sanitary fittings. No threads exposed.

RECORDING THERMOMETERS USED IN STORAGE TANKS

Case.—Moisture-proof under operating conditions in processing plants.

Scale.—Shall have a scale span of not less than 50 Fahrenheit degrees (28 Celsius degrees), including normal storage temperature plus and minus 5°F (3°C), graduated in not more than 2°F (1°C) divisions with not more than 40 Fahrenheit degrees (23 Celsius degrees) per inch of scale; graduated in time scale divisions of not more than 1 hour having a chord or straight line length of not less than 0.125 of an inch at 40°F (5°C). Chart must be capable of recording temperatures up to 180°F (83°C). (Span specifications do not apply to extensions beyond 100°F (38°C).

Temperature Accuracy. —Within 2°F (15°C) plus or minus, between specified range limits.

Pen-Arm Setting Device.—Easily accessible; simple to adjust.

Pen and Chart Paper.—Designed to give a line not over 0.025 of an inch thick when in proper adjustment; easy to maintain.

Temperature Sensor.—Protected against damage at 212°F (100°C).

Stem Fitting.—Pressure-tight seat or other suitable sanitary fitting. No threads exposed.

Chart Speed. —The circular chart shall make one revolution in not more than 7 days and shall be graduated for a maximum record of 7 days. Strip chart shall move not lest than 1 inch per hour and may be used continuously for 1 calendar month.

RECORDING THERMOMETERS ON MECHANICAL CLEANING SYSTEMS

Location.—Temperature sensor in the return line downstream from processing equipment and all lines included in the cleaning-in-place process.

Case.—Moisture-proof under operating conditions.

Scale.—Shall have a range of 60°F to 180°F (16°C to 83°C), with extensions of scale on either side permissible; graduated in time-scale divisions of not more than 15 minutes. Above 110°F (44°C), the chart is to be graduated in divisions of not more than 2F (1C) spaced not lest than 0.0625 of an inch apart: Provided, That temperature-scale divisions of 2°F (1°C) spaced not lets than 0.040 of an inch apart are permitted when the ink line is thin enough to be easily distinguished from the printed line.

Temperature Accuracy.—Within 2°F (1°C) plus or minus, above 110°F (44°C).

Pen-Arm Setting Device.—Easily accessible; simple to adjust.

Pen and Chart Paper.—Designed to mark a line not over 0.025 of an inch wide; easy to maintain.

Temperature Sensor.—Protected against damage at 212°F (100°C).

Stem Fitting. —Pressure-tight seat against inside wall of pipe; no threads exposed to solution.

Chart Speed.—Circular charts shall make one revolution in not more than 24 hours. Strip charts shall not move less than 1 inch per hour. More than one record of the cleaning operation shall not overlap on the same section of the chart for either circular- or strip-type charts.

INDICATING THERMOMETERS USED IN REFRIGERATED ROOMS

Indicating thermometers used in refrigerated rooms where milk, milk products and whey are stored shall meet the following specifications:

Scale Range.—Shall have a span not less than 50 Fahrenheit degrees (28 Celsius degrees) including normal storage temperatures plus and minus 5°F (3°C) with extensions of scale on either side permitted, graduated in not more than 2°F (1°C) divisions.

Temperature Scale Divisions. —Spaced not less than 0.0625 of an inch apart between 32°F and 55°F (0°C and 13°C).

Accuracy. —Within 2°F (1°C) plus or minus, throughout the specified scale range.

SPECIFICATIONS FOR RECORDING pH METER FOR USE ON AUTOMATED MECHANICAL CLEANING SYSTEMS FOR EVAPORATORS

Location. —pH sensor shall be located in the return line down-stream from processing equipment and all lines included in the cleaned-in-place circuit.

Case.—Moisture-proof under operating conditions.

Scale.—It shall have a range of pH value from 2 to 12 with extensions of scale on either side permissible graduated in time scale divisions of not more than 15 minutes. The chart is to be graduated in pH divisions of not more than 0.5 pH values and spaced not less than 0.0625 of an inch apart.

pH Accuracy.—Within 0.5 plus or minus pH values.

Pen-Arm Setting Device.—Easily accessible; simple to adjust.

Pen and Chart Paper.—Designed to mark a line not over 0.025 of an inch wide; easy to maintain.

pH Sensor.—Protected against damage at 180°F (83°C).

Chart Speed.—Circular charts shall make one revolution in not more than 24 hours. Strip charts shall not move slower than 1 inch per hour. More than one record of the cleaning operation shall not overlap on the same section of the chart for either circular- or strip-type charts.

1 CRR-NY App. 10 Appendix 10 {#sec-1-crr-ny-app.-10 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY App. 10}

PASTEURIZATION EQUIPMENT AND

CONTROLS--TESTS

(cf. Part 3)

I. Testing Apparatus Specifications

TEST THERMOMETER

Type. —Mercury-actuated; readily cleanable; plain front, enameled back; length 12 inches, immersion point to be etched on stem, mercury to stand in contraction chamber at 32°F (0°C).

Scale Range.—At least 12°F (7°C) below and 12°F (7°C) above the pasteurization temperature at which the operating thermometer is used, with extensions of scale on either side permitted, protected against damage at 300°F (149°C).

Temperature Represented by Smallest Scale Division.—0.2°F (0.1°C).

Number of Degrees per Inch of Scale.—Not more than six Fahrenheit degrees or not more than four Celsius degrees.

Accuracy. —Within 0.2°F (0.1°C) plus or minus, throughout specified scale range. The accuracy shall be checked against a thermometer which has been tested by the National Bureau of Standards.

Bulb.—Corning normal or equally suitable thermometric glass.

Case. —Suitable to provide protection during transit and periods when not in use.

GENERAL PURPOSE THERMOMETER

Type.—Pocket type; mercury-actuated.

Magnification of Mercury Column. —To apparent width of not less than 0.0625 of an inch.

Scale Range. —30°F (-1°C) to 212°F (100°C), with extension on either side permitted. Protected against damage at 220°F (105°C).

Temperature Represented by Smallest Scale Division.—2°F (1°C).

Number of Degrees per Inch of Scale.—Not more than 52 Fahrenheit degrees or not more than 29 Celsius degrees.

Accuracy. —Within 2°F (1°C) plus or minus, throughout the specified scale range. Checked periodically against a known accurate thermometer.

Case.—Metal, provided with a fountain pen clip.

Bulb.—Corning normal or equally suitable thermometric glass.

ELECTRICAL CONDUCTIVITY MEASURING DEVICES

Type.—Wheatstone bridge, Galvanometer, Milliammeter; manual or automatic.

Conductivity. —Capable of detecting change produced by the addition of 10 ppm of sodium chloride, in water of 100 ppm of hardness.

Electrodes.—Standard.

Automatic Instruments. —Electric clock, time divisions not less than 0.2 of a second.

STOPWATCH

Type. —Pocket type, open face, hand indicating fractional seconds.

Accuracy.—Accurate to 0.2 of a second.

Hands. —Sweep hand, one complete turn every 60 seconds or less.

Scale.—Divisions of not over 0.2 of a second.

Crown. —Depression of crown starts, stops, and resets to zero.

II. Test Procedures

Equipment and field tests to be performed and samples to be taken by the regulatory agency are listed and suitably referenced below. The results of tests shall be recorded on suitable forms and filed as the regulatory agency shall direct.

TEST 1. INDICATING THERMOMETERS--TEMPERATURE ACCURACY

Reference.—Item 16p(C).

Application.—To all indicating thermometers used for measurement of product temperature during pasteurization.

Frequency.—Upon installation and once each 3 months thereafter.

Criteria.—Within 0.5°F (0.25°C) for pasteurization thermometers and 1°F (0.5°C) for airspace thermometers plus or minus, in a specified scale range.

Apparatus.—1. Test thermometer meeting specifications under Appendix 9.

2. Water or oil bath and agitator.

3. Suitable means of beating water or oil bath.

Method.—Both thermometers exposed to a water or oil medium of uniform temperature. Indicating thermometer reading is compared to the reading of the test thermometer.

Procedure. —1. Prepare 10 gallons of water in a milk can or a quantity of oil in an oil bath by raising the temperature of the water or oil to within a range of 3°F (2°C) of the appropriate pasteurization temperature or airspace temperature.

2. Remove heat source, agitate water or oil bath rapidly.

3. Continue agitation. Insert indicating test thermometer to indicated immersion point during the test.

4. Compare both thermometer readings at the temperature reading within the test range.

5. Repeat comparison of readings.

6. Record thermometer readings, thermometer identification or location.

Corrective Action. —Do not run test if mercury column has been split or capillary tube is broken as thermometer should be returned to the factory for repair. When the indicating thermometer differs from the test thermometer by more than 0.5°F (0.25°C) the scale plate of the indicating thermometer should be adjusted to agree with the test thermometer. Retest the thermometer after adjustment.

TEST 2. RECORDING THERMOMETERS--TEMPERATURE ACCURACY

Reference.—Item 16p(C).

Application.—To all recording and recorder/controller thermometers used to record product temperatures during pasteurization.

Frequency. —Upon installation, at least once each 3 months and whenever recording pen-arm setting requires frequent adjustment.

Criteria.—Within 1°F (0.5°C) plus or minus, in specified scale range.

Apparatus. —Pasteurizer indicating thermometer previously tested against a known accurate thermometer, three 10-gallon milk cans, or suitable vats or containers, agitator, suitable means of heating water baths and ice.

Method.—The testing of a recording thermometer for temperature accuracy involves the determination of whether or not the temperature pen-arm will return to within 1°F (0.5°C) of its previous setting after exposure to boiling water and melting ice.

Procedure.—1. Adjust the recording pen to read exactly as the previously tested indicating thermometer in the temperature range for the pasteurization process being used after a stabilization period of 5 minutes at a constant temperature. The water bath shall be rapidly agitated throughout the stabilization period.

2. Prepare one water bath by heating to the boiling point. Maintain temperature. Prepare a second container with melting ice. Place water baths within working distance of the recorder sensing element.

3. Immerse the sensing element of recorder in boiling water for not less than 5 minutes.

4. Have a can of water adjusted to a temperature within the testing range for the pasteurization process being used.

5. Remove the sensing element from the boiling water and immerse in water at a temperature within the testing range for the pasteurization process being used. Allow a 5-minute stabilization period for both indicating and recording thermometers. Compare readings of 1°F (0.5°C) plus or minus, indicating thermometer reading.

6. Remove sensing element from bath at operating temperatures and immerse in melting ice for not less than 5 minutes.

7. Remove sensing element from ice water and immerse in water at a temperature within the testing range for the pasteurization process being used. Allow a 5 minute stabilization period for both indicating and recording thermometers. Compare readings of 1°F (0.5°C) plus or minus, indicator thermometer reading.

8. Record results.

Corrective Action.—If the pen does not return to 1°F (0.5°C) plus or minus of indicating thermometer reading, the recording thermometer should be repaired.

TEST 3. RECORDING THERMOMETERS--TIME ACCURACY

Reference.—Item 16p(C).

Application.—To all recording and recorder/controller thermometers used to record time of pasteurization.

Frequency.—Upon installation and at least once each 3 months thereafter.

Criteria. —The recorded time of pasteurization shall not exceed the true elapsed time.

Apparatus.—1. A watch graduated at intervals not to exceed 1 minute, and accurate to within 5 minutes in 24 hours.

2. A pair of dividers, or any other suitable device for measuring short distances.

Method. —Comparison of the recorded time over a period of not less than 30 minutes with a watch of known accuracy. For recorders utilizing electric clocks, check cycle on face plate of clock with known cycle; observe that clock is in operating condition.

Procedure.—1. Determine if chart is appropriate to recorder.

2. Inscribe reference mark at the pen point on the recorder chart at the start of the holding period and record the time.

3. At the end of 30 minutes by the watch, inscribe a second reference mark at the pen point position on the chart.

4. Determine the distance between the two reference marks and compare the distance with the time-scale divisions on the record chart at the same temperature.

5. For electric clocks, remove face plate, compare cycle specification on face plate with the current cycle utilized.

6. Enter finding on chart and initial. Record results.

Corrective Action.—If recorded time is incorrect, the clock should be adjusted or repaired.

TEST 4. RECORDING THERMOMETERS--CHECK AGAINST INDICATING THERMOMETER

Reference.—Item 16p(C).

Application.—To all recording and recorder/controller thermometers used to record product temperatures during pasteurization.

Frequency.—At least once each 3 months by regulatory agency; daily by plant operator.

Criteria.—Recording thermometer shall not read higher than corresponding indicating thermometer.

Apparatus.—No supplementary materials required.

Method. —This test requires only that the reading of the recording thermometer be compared with that of the indicating thermometer at a time when both are exposed to product at a stabilized pasteurization temperature.

Procedure.—1. While product is at a stabilized pasteurization temperature, read indicating thermometer.

2. Immediately inscribe on the recording-thermometer chart a line intersecting the recorded temperature arc at the pen location; record on the chart the indicating thermometer temperature; initial.

3. Record results.

Corrective Action. —If recording thermometer reads higher than indicating thermometer, the pen should be adjusted by the operator.

TEST 5. FLOW-DIVERSION DEVICE--PROPER ASSEMBLY AND FUNCTION

Reference.—Item 16p(A).

Application.—To all flow-diversion devices used with continuous-flow pasteurizers.

Frequency.—Upon installation and at least once each 3 months thereafter.

Criteria.—The flow-diversion device shall function correctly in operating situations and shall de-energize the metering pump in the event of malfunction or incorrect assembly.

1. LEAKAGE PAST VALVE SEAT(S)

Apparatus.—Suitable tools for disassembly of flow-diversion device and sanitary piping.

Method. —Observe the valve seat(s) of the flow-diversion device for leakage.

Procedure.—With the system operating with water, place the flow- diversion device in diverted-flow position. Disconnect the forward flow piping; observe the valve seat for leakage. Check leak escape ports to see if they are open.

Corrective Action.—If leakage is noted, device must be dismantled and defective gaskets replaced or other suitable repairs made.

2. OPERATION OF VALVE STEM(S)

Apparatus.—Suitable tools for disassembly of flow-diversion device and sanitary piping.

Method. —Observe flow-diversion device stem(s) for ease of movement.

Procedures. —When a stem packing nut is used, tighten stem packing nut as much as possible. Operate system; place device in forward and diverted flow several times. Note freedom of action of valve system.

Corrective Action. —If valve action is sluggish, suitable adjustment or repair shall be made to permit stem to act freely in all positions, with packing nut, when used, fully tightened.

3. DEVICE ASSEMBLY, SINGLE STEM DEVICE.

Apparatus.—Sanitary fitting wrench.

Method.—Observe function of metering pump when flow-diversion device is improperly assembled.

Procedures.—a. With HTST system in operation, unscrew by one-half turn, the 13H hex nut which holds the top of the valve to the valve body. This should de-energize the metering pump. This test should be run with no piping connected to the forward flow port of the device since there can be sufficient force from the piping to keep the forward flow port tightly clamped even though the hex nut is loosened.

b. With the HTST system in operation and the flow-diversion device in the diverted position, remove the connecting key located at the base of the valve stem. The metering pomp should be de-energized.

Corrective action.—If metering pump fails to respond as indicated, immediate checks of the device assembly and wiring are required to locate and correct the cause.

4. DEVICE ASSEMBLY, DUAL STEM DEVICE.

Apparatus.—None.

Method.—Observe function of metering pump when flow-diversion device is improperly assembled.

Procedures. —a. With the device in diverted flow position, remove one actuator clamp.

b. Move the device to the forward-flow position and disconnect stem from actuator.

c. Move the device to the diverted-flow position and turn on the metering pump. The metering pump should not run.

d. Reassemble the device by moving it to the forward-flow position and reconnecting the stem to the actuator.

e. Move the device to the diverted-flow position and replace the actuator clamp.

f. Repeat the procedure for the other actuator.

Corrective action. —If metering pump fails to respond as indicated, an immediate check of the device assembly and wiring are required to locate and correct the cause.

5. MANUAL DIVERSION (when booster pump is installed in the HTST system).

Apparatus.—None.

Method.—Observe the response of the system to manual diversion.

Procedure.—With the HTST system in operation and the flow-diversion device in the forward-flow position, press the manual diversion button located on the valve bonnet cover plate. This should (a) cause the valve to assume the divert position, and (b) de-energize the booster pump; the pressure differential between raw and pasteurized product in the regenerator should be maintained.

Corrective Action. —If (a) and (b) above do not occur as described or the necessary pressure differential between raw and pasteurized product is not maintained, the assembly and wiring of the HTST system must be immediately reviewed and the indicated deficiencies corrected.

6. RESPONSE TIME.

Apparatus.—Stopwatch. The stopwatch should be used to determine that the response time interval does not exceed 1 second.

Method.—Determine the elapsed time between the instant of the activation of the control mechanism at cut-out temperature on declining temperature and the instant the flow-diversion device takes the fully diverted-flow position.

Procedure.—a. With water or oil bath at a temperature above cut-out temperature, allow the water or oil to cool gradually. At the moment the cut-out mechanism is activated, start the watch and the moment the flow- diversion device takes the fully diverted position, stop the watch.

b. Record results.

Corrective Action. —Should response time exceed 1 second, immediate corrective action must be taken.

7. TIME DELAY INTERLOCK WITH METERING PUMP.

Application. —To dual stem flow-diversion devices with a manual forward-flow switch.

Apparatus.—None.

Method.—Determine that the device does not assume a manually induced forward-flow position while the metering pump is running.

Procedures.—With the system running in forward flow, move the control switch to the "Inspect" position and observe that the following events automatically occur in sequence:

a. The device immediately moves to the diverted-flow position and the metering pump is turned off.

b. The device remains in the diverted-flow position while the metering pump is running down.

c. After the metering pump stops turning, the device assumes the forward-flow position.

d. Repeat the above procedure by moving the control switch to the cleaned-in-place (CIP) position.

e. Record test results and seal the control enclosure.

Corrective action. —If the above sequence of events does not occur, either a timer adjustment or wiring change is required.

TEST 6. INDICATING THERMOMETERS ON PIPELINES--THERMOMETRIC RESPONSE

Reference.—Item 16p(A).

Application.—To all indicating thermometers located on pipelines and used for determination of product temperatures during pasteurization.

Frequency.—Upon installation and once each 3 months thereafter.

Criteria.—Four seconds under specified conditions.

Apparatus.—Pipeline test thermometer, stopwatch, water bath (10- gallon can), agitator, heat supply, and indicating thermometer from pasteurizer.

Method.—By measuring the time required for the reading of the thermometer being tested to increase 12°F (7°C) through a specified temperature range (temperature range must include pasteurization temperature). The temperature used in the water bath will depend upon the scale range of the thermometer to be tested.

Procedure.—1. Immerse indicating thermometer in water bath heated to a temperature at least 19°F (11°C) higher than minimum scale reading on indicating thermometer. Bath temperature should be higher than maximum pasteurization temperature for which thermometer is used.

2. Immerse indicating thermometer in bucket of cold water for several seconds to cool it.

Note.—Continuous agitation of water baths during the performance of steps 3., 4., and 5. is required. Elapsed time between end of step 1. and beginning of step 3. should not exceed 15 seconds so hot water bath does not cool significantly.

3. Insert indicating thermometer in hot water bath to proper bulb immersion depth.

4. Start stopwatch when indicating thermometer reads 19°F (11°C) below bath temperature.

5. Stop stopwatch when indicating thermometer reads 7°F (4°C) below bath temperature.

6. Record thermometric response time for office record.

Example. —On a thermometer with a range of 150°F to 175°F (66°C to 80°C) used at a pasteurization temperature of 161°F and 166°F (72°C and 75°C), a water bath of 170°F (77°C) could be used. 19°F (11°C) below 170°F (77°C) would be 151°F (66°C); 7°F (4°C) below 170°F (77°C) would be 163°F (73°C). Hence after immersing the thermometer, which had been previously cooled, in the 170°F (77°C) bath, the stopwatch is started when the thermometer reads 151°F (66°C) and stopped when it reads 163°F (73°C).

Note.--The test included the pasteurization temperature of 161°F (72°C) and 166°F (75°C).

Corrective Action.—If the response time should exceed 4 seconds, the thermometer should be replaced or returned for repair.

TEST 7. RECORDER/CONTROLLER--THERMOMETRIC RESPONSE

Reference.—Item 16p(A).

Application.—To all recorder/controllers used in connection with continuous flow pasteurizers.

Frequency.—Upon installation and at least once each 3 months thereafter.

Criteria.—Five seconds, under specified conditions.

Apparatus.—Previously tested indicating thermometer (on pasteurizers), stopwatch, water bath (10-gallon milk can), agitator, heat supply.

Method.—Measure the time interval between the instant when the recording thermometer reads 12°F (7°C) below the cut-in temperature and the moment of cut-in by the controller. This measurement is made when the sensing element is immersed in a rapidly agitated water bath maintained at exactly 7°F (4°C) above the cut-in temperature.

Procedure.—1. Check and, if necessary, adjust the pen-arm setting of the recording thermometer in the proper reference arc to agree with the indicating thermometer reading at pasteurization temperature.

2. Determine the cut-in temperature of controller (Test No. 8), either while in normal operation or by using a water bath.

3. Remove sensing element and allow to cool to room temperature.

4. Heat water bath to exactly 7°F (4°C) above the cut-in temperature while vigorously agitating bath to insure uniform temperature.

5. Immerse recorder/controller bulb in water bath. Continue agitation during items 6. and 7. below.

6. Start stopwatch when the recording thermometer reaches a temperature of 12°F (7°C) below the cut-in temperature.

7. Stop stopwatch when the controller cuts in.

8. Record thermometric response time for office record.

Corrective Action.—If the response should exceed 5 seconds, the recorder/controller should be repaired.

TEST 8. PRODUCT-FLOW CONTROLS--PRODUCT TEMPERATURES AT CUT-IN AND CUT-OUT

References.—Items 16p(A), 16p(C)

Product--flow controls shall be tested for product temperature at cut-in and cut-out by one of the following applicable tests at the frequency prescribed:

Application. —All recorder/controllers used in connection with HTST pasteurizers.

Frequency.—Upon installation and quarterly by the regulatory agency; daily by the plant operator.

Criteria.—No forward flow until pasteurization temperature has been reached. Flow diverted before temperature drops below minimum pasteurization temperature.

Apparatus.—No supplemental materials needed.

Method.—By observing the actual temperature of the indicating thermometer at the instant forward flow starts (cut-in) and stops (cut- out).

Procedure.—1. Cut-in temperature.

a. While the product or water is completely flooding the sensing element of the recorder/controller and the indicating thermometer, increase the heat gradually so as to raise the temperature of the water or product at a rate not exceeding 1°F (0.5°C) every 30 seconds.

b. Observe the indicating thermometer reading at the moment the forward flow starts (i.e., flow-diversion device moves). Observe that the frequency pen reading is synchronized with the recording pen on the same reference arc.

c. Record the indicating thermometer reading on the recorder chart; inscribe initials. The regulatory agency shall record test findings.

2. Cut-out temperature.

a. After the cut-in temperature has been determined and while the product or water is above the cut-in temperature, allow the water to cool slowly at a rate not exceeding 1°F (0.5°C) per 30 seconds. Observe indicating thermometer reading at the instant forward flow stops.

b. Record the indicating thermometer reading on the recorder chart.

Corrective Action.—Should the reading be below the minimum pasteurization temperature, the cut-in and cut-out mechanism and/or the differential temperature mechanism should be adjusted to obtain proper cut- in and cut-out temperatures by repeated tests. When compliance is achieved, seal the controller mechanism.

TEST 9. SETTING OF CONTROL SWITCHES--REGENERATOR PRESSURE

Reference.—Item 16p(B).

1. PRESSURE SWITCHES.—Used to control operation of booster pumps.

Application.—To all pressure switches controlling the operation of booster pumps on HTST pasteurizer systems employing regenerators.

Frequency. —Upon installation, each 3 months thereafter, after any change in the booster pump or the switch circuit, and/or whenever the pressure switch seal is broken.

Criteria.—The pump shall not operate unless there is at least a 1-pound pressure differential on the pasteurized product side of the regenerator.

Apparatus. —Sanitary pressure gauge and pneumatic testing device, for checking and adjusting pressure switch settings.

A simple inexpensive pneumatic testing device may be made from a discarded 2inch-7BX sanitary tee, with two additional 13H nuts, one of which is provided with a 16A cap, drilled and tapped for a 1/2-inch galvanized iron nipple for the air connection. A hose connection is made to a compressed air source in the plant by means of a snap-on fitting. The air pressure can be controlled by an inexpensive pressure reducing valve (range 0-60 psig) followed by a 1/2-inch globe-type bleeder valve connected into the side outlet of a 1/2-inch tee installed between the pressure reducing valve and the testing device. The pressure switch so be tested is disconnected from the pasteurizer and connected to another of the outlets of the sanitary tee, and the pressure gauge is connected to the third outlet of the sanitary tee. By careful manipulation of the air pressure reducing valve and the air bleeder valve, the air pressure in the testing device may be regulated slowly and precisely. (In operating the device, care should be taken to avoid exposing the pressure switch and the sanitary pressure gauge to excessive pressure which might damage them. This can be done by first closing off the air pressure regulating valve and opening fully the bleeder valve; these may then be manipulated slowly to bring the air pressure in the testing device within the desired range.) A test light of proper voltage can be placed in series with the pressure switch contact and in parallel with the electrical load (booster pump starter) so the actuation point may be readily determined.

Method. —Check and make adjustment of pressure switch so as to prevent the operation of the booster pump unless the pressure on the pasteurized product side of the regenerator is greater by at least 1 psi than any pressure that may be generated on the raw side.

Procedure.—a. Determine maximum pressure of booster pump.

(1) Install sanitary pressure gauge in tee at discharge of booster pump.

(2) Operate the pasteurizer with water, with the flow-diversion device in forward-flow position, the metering pump operating at minimum speed possible, and the booster pump operating at its rated speed. If vacuum equipment is located between the raw outlet from the regenerator and the metering pump, it should be bypassed while this determination is made.

(3) Note maximum pressure indicated by pressure gauge under these conditions.

b. Check and set the pressure switch.

(1) Install a sanitary pressure gauge of known accuracy on the pneumatic testing device to which the pressure switch sensing element should also be connected.

(2) Remove the seal and cover to expose adjustment mechanism on pressure switch.

(3) Operate the testing device and determine the pressure gauge reading at the cut-in point of the pressure switch which will light the test lamp. (If the switch is short circuited, the lamp will be lighted before air pressure is applied.)

(4) The cut-in point should be adjusted, if necessary, so as to occur at a pressure gauge reading at least 1 psi greater than the maximum booster pump operating pressure, as determined under a. preceding. Where adjustment is necessary, refer to manufacturer's instructions for adjusting procedure. After adjustment, recheck actuation point and readjust if necessary.

(5) Replace cover and seal the pressure switch and restore sensing element to original location.

(6) Record test results for the office record.

2. TIME-DELAY SWITCHES.—Used to control operation of booster pumps.

Application.—To all time-delay switches controlling operation of booster pumps.

Frequency.—Upon installation, after any change in the pump or relay circuit and whenever seal is broken.

Criteria.—The booster pump shall not operate until the pasteurized product has achieved a pressure at least 1 pound greater than the maximum pressure developed by the booster pump.

Apparatus. —Accurate stopwatch, graduated at intervals not to exceed 0.2 of 1 second, pressure gauge or manometer.

Method.—Reference: Dashiell, W. N., Use of Time Delay Relay To Control Booster Pump Operation. Journal of Milk and Food Technology, 21:7. July 1958.

Procedure.—a. Operate pasteurizers with water with the flow-diversion device in forward-flow position, metering pump operating at minimum speed, booster pump at rated speed. Vacuum equipment not operating or bypassed.

b. Determine the maximum pressure developed at the discharge of the booster pump. Following the determination of the height of the liquid level, add at least 3 feet to provide the 1 pound pressure differential equivalent of 0.7 feet of water column to compensate for difference in the specific gravity between water at 161°F (72°C) and raw product at 40°F (5°C). The pasteurized liquid level must rise to the computed elevation, above the outlet level of the booster pump and be vented to the atmosphere at this or higher level.

c. Time the interval from the moment the forward flow is established until the pasteurized liquid level rises to the required elevation. The time measurement shall be made at the beginning of a run when no water is in the pasteurized product line. The booster pump shall not be operating.

d. The time-delay relay shall be installed in the circuit, interlocked with the metering pump, forward-flow of the flow-diversion device and the booster pump. Adjust the time-delay setting to provide the time interval. Check the setting several times. Seal the time-delay relay.

e. Record for permanent office record.

Corrective Action.—Adjust pasteurized product pipe to proper elevation. If time-delay relay is not accurate, return for repair.

3. PRESSURE GAUGES. —Used with booster pump operations.

Application.—To all required pressure gauges used to measure relative raw product and pasteurized product pressure in HTST regenerators.

Frequency. —Upon installation, each 3 months thereafter, and whenever the gauges are adjusted or repaired.

Criteria. —Required pressure gauges shall be accurate.

Apparatus. —Identical testing device used to check proper operation of pressure switch (Test 9, 1).

A pressure gauge of known accuracy is connected to one outlet of the test apparatus. The gauge being checked is connected to the second outlet of the sanitary tee. Air is bled into the system through the third outlet and comparative readings made. Record test results for office record.

Corrective Action. —Inaccurate gauges should be returned to the factory for repair. It is not recommended that the plant operator attempt the adjustment of pressure gauges.

4. DIFFERENTIAL PRESSURE CONTROLLER

Application.—To all differential pressure controllers used to control operation of booster pumps on HTST systems.

Frequency. —Upon installation, each 3 months thereafter, and whenever the differential pressure controller is adjusted or repaired.

Criteria. —The booster pump shall not operate unless the product pressure in the pasteurized side of the regenerator is at least 1 psi greater than the product pressure in the raw side of the regenerator.

Apparatus.—A sanitary pressure gauge and a pneumatic testing device described under PRESSURE SWITCHES (Test 9,1) above can be used for checking and adjusting the differential pressure switch setting.

Method. —The differential pressure switch is checked and adjusted to prevent operation of the booster pump, or prevent forward flow, unless the product pressure in the pasteurized side of the regenerator is at least 1 psi greater than the pressure in the raw side of the regenerator.

Procedures.—a. Loosen the process connection at both pressure sensors and wait for any liquid to drain through the loose connections. Both pointers should be within 0.5 psi of 0 psig. If not, adjust pointer(s) to read 0 pounds psig.

b. Remove both sensors from the process and mount them in a tee, either at the discharge of the booster pump, or connected to the pneumatic testing device. Note the separation between the two pointers. The change in elevations of the sensors will have caused some change in the zero readings. Turn on the booster pump switch and depress the test push button to operate the booster pump. If the pneumatic testing device is used in lieu of the booster pump, adjust air pressure to the normal operating pressure of the booster pump. Note that the pointer separation is within 1 psi of that observed before pressure was applied. If not, the instrument requires adjustment or repair.

c. Return the pressure sensors to their normal process locations and turn off the booster pump switch. Manually move and hold the white pointer (raw side of the regenerator) at the normal operating pressure of the booster pump. Press the test push button while manually moving the orange pointer (pasteurized side of the regenerator) upscale until the pilot light turns on, then slowly move the orange pointer downscale until the pilot light turns off. The pilot light should not turn on until the orange pointer is at least 2 psi higher than the white pointer, and the pilot light should turn off when the orange pointer is no less than 2 psi higher than the white pointer. If necessary, adjust the differential setting. The 2 psi differential represents the sum of the 1 psi differential required between raw and pasteurized product in the regenerator, plus the 1 psi imprecision permitted between the two pressure sensors.

d. Seal the instrument and record test results for the office record.

TEST 10. CONTINUOUS FLOW HOLDERS--HOLDING TIME

Reference.—Item 16p(A).

Application. —To all HTST pasteurizers employing a holding time of 15 seconds or longer.

Frequency. —Upon installation and semiannually thereafter, whenever seal on speed setting is broken; any alteration is made affecting the holding time, the velocity of the flow (such as, replacement of pump, motor, belt, drive or driven pulleys, or decrease in number of HTST plates) or the capacity of holding tube; or whenever a check of the capacity indicates a speedup.

Criteria.—Every particle of product shall be held for at least 15 seconds in both the forward- and diverted-flow positions.

Apparatus.—Electrical conductivity measuring device, Appendix 10(I), capable of detecting change in conductivity, equipped with standard electrodes; table salt (sodium chloride), 50 ml. syringe; stopwatch; suitable container for salt solution.

Method.—The holding time is determined by timing the interval for an added trace substance to pass through the holder. Although the time interval of the fastest particle of product is desired, the conductivity test is made with water. The results found with water are converted to the product flow time by formulation since a pump may not deliver the same amount of product as it does water.

Procedure.—1. Examine the entire system to insure that all flow promoting equipment is operating at maximum capacity and all flow impeding equipment is so adjusted or bypassed as to provide the minimum of resistance to the flow. There shall be no leakage on the suction side of the timing pump.

2. Adjust variable speed pump to its maximum capacity (preferably with a new belt and full size impellers). Check homogenizers for seals and/or gears or pulley identification.

3. Install one electrode at the inlet to the holder and the other electrode in the holder outlet. Close the circuit to the electrode located at the inlet to the holder.

4. Operate the pasteurizer using water at pasteurization temperature, with flow-diversion device in forward-flow position.

5. Quickly inject 50 ml. of saturated sodium chloride solution into the holder inlet.

6. Start the stopwatch with the first movement of the indicator of a change in conductivity. Open the circuit to the inlet electrode and close the circuit to the electrode at the outlet of the holder.

7. Stop the stopwatch with the first movement of the indicator of a change in conductivity.

8. Record results.

9. Repeat the test six or more times, until six successive results are within 0.5 seconds of each other. The average of these six tests is the holding time for water in forward flow. When consistent readings cannot be obtained, purge the equipment, check instruments and connections, and check for air leakage on suction side. Repeat tests. Should consistent readings not be obtained, use the fastest time as the holding time for water.

10. Repeat steps 4. through 9. for testing time on water in diverted flow.

11. With the pump at the same speed and equipment adjusted as in 1. above, time the filling of a 10-gallon can with a measured weight of water using the discharge outlet with the same head pressure as in normal operation. Average the time of several trials. (Since flow rates of the large capacity units make it very difficult to check by filling a 10-gallon can, it is suggested that a calibrated tank of considerable size be used.)

12. Repeat procedure 11. using milk.

13. Compute the holding time for milk from the following formula by weight, using the average specific gravity. Compute separately for forward flow and diverted flow.

Holding time for milk=(1.032(TMw)/Ww)(by weight), in which--

1.032 = specific gravity for milk;

T = average holding time for water;

Mw = average time required to deliver a measured weight of milk.

Ww = average time required to deliver an equal weight of water.

14. Record results for office record.

Corrective Action.—When the computed holding time for milk is less than that required either in forward flow or diverted flow, the speed of the timing pump shall be reduced or adjustment made in the holding tube, and the timing test repeated until satisfactory holding time is achieved. Should an orifice be used to correct the holding time in diverted flow, there should be no excessive pressure exerted on the underside of the valve seat of the flow-diversion device. Governors shall be sealed on motors that do not provide a constant speed as provided in Item 16p(A), section 3.25(b)(6)(ii) of this Title.

1 CRR-NY App. 11 Appendix 11 {#sec-1-crr-ny-app.-11 omnilex-key=us-ny-regs-official--title-1--1 CRR-NY App. 11}

EVAPORATING, DRYING AND DRY PRODUCT

EQUIPMENT CLEANING

(cf. Part 3)

I. Cleaning of Evaporators and Condensers

Some evaporators are designed to that the product is exposed to large surface areas for a long period of time at temperatures conducive to the growth of micro-organisms.

Pipelines and/or equipment designed for automated mechanical cleaning of evaporators should meet the following requirements:

1. A pH recording device should be installed in the return solution line to record the pH and time which the line or equipment is exposed during the cleaning and sanitizing operation.

2. These pH recording charts should be identified, dated, and retained for 3 months.

3. During each official inspection the regulatory agency should examine and initial the pH recording charts to verify the time of exposure to the cleaning solutions and their pH.

The following are suggested procedures for cleaning and sanitizing evaporators and condensers:

The surface area inside an evaporator is extremely large. Not only is there a large separator chamber and vapor lines but steam chests may also have as many as 500 heating tubes from 8 to 10 feet long. The total surface area may be 3000 to 4000 square feet which may require large volumes for recirculation. This surface area must be cleaned and sanitized carefully or it will contaminate the product. The operating temperatures in an evaporator are very close to the growing temperatures of thermoduric and certain mesophyllic types of bacteria. The first effect may operate at 140°F to 170°F (60°C to 77°C) the second effect at 125°F to 145°F (52°C to 63°C), and the third effect at 100°F to 120°F (38°C to 49°C). The product being evaporated is often recirculated in the last effect several times until the right concentration is reached which may give bacteria ample time to grow. A clean evaporator operates more efficiently. It is necessary to clean the evaporators after long periods of operations because burned-on material reduces heat transfer and efficiency. A point is reached where it will be more economical to stop and clean up than to continue to operate. Evaporators need cleaning for sanitary reasons as well as for efficient operation. Tube chests and heating plates must be cleaned to get good heat transfer. If vapor lines are not cleaned, it is possible to get a back surge of vapor when the vacuum is released. This can carry soil back into the product thus lowering the quality. This soil may drop into the thermo-compression unit, block passage of vapors and actually prevent good operation. Compounds for cleaning are usually divided into two main groups:

1. The alkaline cleaners usually contain caustic with water conditioners, synthetic detergents and foam depressants added to enchance cleaning action. The purpose of the alkaline cleaner is to digest the bulk of the soil. The alkaline solutions are usually run first at concentrations ranging from 1 percent to 3 percent at temperatures of 180°F to 190°F (83°C to 88°C) for 30 to 60 minutes.

2. Acid cleaners are usually food grade with synthetic detergents and inhibitors to prevent attack on metal surfaces. The purpose of acid cleaners is to remove mineral films, alkali cleaner residues, and shine the inside surfaces. Acid solutions are usually used last at concentrations of 0.2 percent to 0.5 percent at 140°F to 160°F (60°C to 71°C) In all cases cleaners and cleaning instructions should be followed as recommended by the manufacturer of cleaning compounds. It is also necessary to follow the recommendations and instructions of evaporator manufacturers. The evaporators operating with compressed ammonia require special cleaning precautions.

Cleaning Methods.—There are three basic methods of cleaning evaporators: boil-out; circulation; spray cleaning; or a combination of the three methods. The boil-out method is the oldest but it is still very effective. It is accomplished by rolling or boiling the cleaning solution under partial vacuum. Heat is applied by the evaporator and just enough vacuum is used to roll the solution. Cleaning solutions are elevated to the dome and upper parts by opening and closing the vacuum breaker. Hand brushing of some areas is often necessary following boil-out because it is difficult to thoroughly clean the upper surfaces with this method.

Circulation cleaning is a newer method of cleaning. The cleaning solution actually follows the product path. The solution is circulated by returning it back to the starting point. Heat is applied by a pre-heater, tube chest, or steam jet, sometimes called a boil-out nozzle. This method is not adaptable to all types of evaporators and it is usually necessary to add spray cleaning devices to thoroughly clean separators and the bottom tube sheet in steam chests.

Spray cleaning is the newest method of cleaning evaporators. Cleaning solutions are pumped through spray devices and distributed over the surfaces which are contacted by the product. Heat is applied by pre-heater, a surge tank, or on the run with live steam. When properly designed and operated spray cleaning systems are used, cleaning problems are at a minimum. Spray cleaning offers many advantages over boil-out or circulation methods of cleaning. Less water and less cleaning solution is required. This not only results in a saving of water, heat and cleaners, but more concentrated cleaning solutions can be used giving faster, more effective cleaning. Heat for the rinse water and cleaning solutions is applied externally, preventing additional burn-on in tube chests. As the evaporator is not under vacuum, less heat is required to keep solution hot, resulting in a saving of fuel. Higher temperatures can be used to improve cleaning efficiency. There are some disadvantages to spray cleaning. Spray devices cost extra money because they are specifically designed for almost every operation. Spray devices must be properly placed and designed to cover the top of the dome in the separator, the tangential inlets, the vapor lines, sight glasses, and steam chest tubes. Spray cleaning may require additional stainless steel lines to convey the solution at the necessary volumes. Larger pumps are also required to pump the necessary volume of cleaning solution. Even with these disadvantages, the advantages of savings in heat, water, cleaning compound and time outweigh the disadvantages. Sometimes there are advantages in using combined systems of cleaning. It may be possible to boil out the steam chests and spray the separators. Sometimes it is possible to circulate the steam chests and spray clean the separators or other portions of the unit. Quite often the combined systems, especially the circulation in the spray system, will work best on certain types of evaporators.

One of the biggest factors affecting the method of cleaning used is the type of evaporator. In a falling film type, circulation cleaning can be used to clean the tube chests and spray cleaning can be utilized to clean the evaporator chambers. When using a plate-type, circulation cleaning is best. In an internal type tube chest, a boil-out system for the tubes and spray cleaning of the separator works very well. With an external cheat type, the entire unit can be spray cleaned. If it is a compressed ammonia operated evaporator, spray cleaning works well. Sanitizing should be done to eliminate any microorganisms which may have survived the cleaning regimen. Sanitizing can best be accomplished by using chemical sanitizers. Heat may be used if all surfaces are heated to 180°F (83°C) or higher. Since there is a tremendous investment in stainless steel evaporators, it is necessary to use a product which does not corrode stainless steel. Chemical sanitizers can be applied through the spray equipment or they can be applied with fogging guns.

II. High Pressure Pump and High Pressure Lines

The high pressure pump and high pressure line to the dryer nozzles may be cleaned as a separate circuit by connecting the line to the nozzle back to the drop tank and this tank connecting to the inlet of the high pressure pump. The regular product atomizing nozzles should be removed before cleaning is to be done.

Another method of cleaning the high pressure pump and lines is to include this pump and high pressure lines in the circuit when wet cleaning of some types of spray dryers. In either case a solution of 1 to 3 percent caustic heated to 160°F (72°C) should be circulated for at least 30 minutes. A solution of inhibited acid should be pumped through the atomizing system as a daily procedure to remove the milkstone from the high pressure pump and high pressure line. The solution of inhibited acid should be recirculated a minimum of 10 to 15 minutes and followed by a rinse with potable water.

It is also recommended that the high pressure pump head be disassembled as a daily procedure immediately following the final rinse and the parts be placed on a table or rack for air drying. When the pump is disassembled the parts are to be checked to see if they are clean, and to see if any maintenance is required to remove pits; seats are also checked at this time. Since a high pressure pump is subjected daily to extreme heavy duty, the valves and seats are recommended to be ground periodically to maintain uniform pressure on the atomizing nozzles. Prior to use, the entire system should be sanitized.

III. Wet Cleaning of Dryers

There are several methods of wet cleaning dryers. The first method is hand brushing. The operators get into the dryer with buckets of cleaning solution and brush all surfaces of the dryer. The unit is then rinsed with a hose. Cleaning can also be done with hand operated spray guns. These spray guns are pressure pumps which operate at high pressures in low volumes; in many cases, box type dryers can be completely cleaned with the addition of a seven-foot extension on these pressure guns. By using high pressure spray guns and cleaning compounds with a high synthetic detergent content, it is possible to remove very difficult soil. The third method of wet cleaning is by spray cleaning with various types of stationary or rotating spray devices. They usually operate at a high volume of low pressure in the range of 10 to 20 psi. Constant spray coverage can be obtained when spray devices are properly designed. Usually several spray devices are required because of the many chambers, collectors, and down pipes within these units. Less time is required to do a complete job with spray cleaning. The systems are installed so that cleaning lines are easily connected to the spray devices and an effective return system. Spray cleaning time is much shorter than hand cleaning time, especially in large units. Spray cleaning eliminates the entry of men into the drying units. Silo or vertical type dryers are often 20 to 50 feet high and it is difficult and dangerous to clean by hand or by hand operated units. Spray cleaning eliminates the flavor contamination when switching to other products. If an ungraded product is run through the dryer, it is necessary to thoroughly clean before running a product like Grade A nonfat powder. There are disadvantages to spray cleaning. The spray devices must be properly placed and designed to do the complete cleaning job. They must be removable so as not to affect the air currents during operation. However, the advantages of safety plus cleaning time and consistently complete cleaning outweigh the disadvantages. A typical spray cleaning cycle might operate as follows:

The various spray heads are placed in the dryer and securely fastened into place. The rinse water is pumped through the spray device and allowed to run down the side walls of the drying units. Cleaning compounds which are mild alkalis or chlorinated cleaned-in-place cleaners are prepared at 0.3 to 1 percent concentration heated to 160 to 180F (71 to 83C), and circulated for 45 minutes to 1 hour. The unit is given a final rinse and is thoroughly dried. Occasionally acid type cleaners are used to control mineral films. Sanitizing with chemical sanitizers is a controversial subject. Sanitizing can be done with heat but it may be difficult to heat all surfaces to 180°F (83°C). Heating to 180°F (83°C) for 10 minutes does not kill spore formers. However, they are killed with many chemical sanitizers. Even if heat is used, it is recommended that chemical sanitizers be occasionally used. By pumping the sanitizer solution to the high pressure pump or by fogging with high pressure, it is possible to completely cover the product-contact surface. Actually, the unit must be thoroughly dried before operation. Chlorine sanitizers may cause corrosion. Obviously, these compounds should be used with care. If chlorine is left on the dryer and heat is applied, the chlorine droplets will become hot and concentrate and cause pitting. When chlorinated cleaners are used, a dryer surface can be effectively cleaned and at least partially sanitized and the solution can be completely rinsed. Acid-synthetic detergent type sanitizers have been developed which are effective on spore formers. These compounds are germicidal, effective in hard water and stable in hot or cold solutions. They have an advantage in that they are noncorrosive to dairy metal. It is not necessary to wet clean dryers on a daily basis. However, a schedule should be set up so cleaning is done periodically. As long as a dryer is operating continuously, it is not necessary to clean it from an efficiency standpoint. Some types of dryers require very little cleaning, maybe once each month; others require dry cleaning on a more frequent basis. It is necessary to clean and sanitize dryers if they are going to remain idle any appreciable length of time. Bacteria may grow in dryers which remain idle. Dryers must be spray cleaned if they are improperly operated, causing burn-on in the drying chamber. Whenever fires develop inside the drying unit or when burn-on occurs, it is necessary to thoroughly clean at least the drying chambers. Quality is the key to the dry milk industry. There should be a program of cleaning and sanitizing of both evaporators and dryers. Better quality products are produced in evaporators and dryers when thoroughly cleaned and sanitized on a regular basis.

IV. Dry Cleaning

It is very difficult to discuss proper cleaning procedures without also discussing proper operating procedures, especially the start up and shutdown of the dryer. Assuming the dryer has been properly started and operated throughout the run or drying cycle, the first step in a successful cleaning operation is shutting the dryer down properly. The type of energy supplying heat to the dryer chamber, i.e., steam or gas, alters the proper shutdown technique. The correct procedure in shutting down a steam heated dryer is as follows:

1. Shut off the main steam valve at the proper time.

2. Maintain proper dryer outlet temperature for drying by gradually reducing the output of the high pressure pump until the residual heat of the steam coil is dissipated to a point where it does not maintain proper temperature or until the product being pumped by the high pressure pump does not maintain a satisfactory spray pattern.

3. Keep product removal system and conveying system in operation.

4. Keep air intake and exhaust fans on dryer in operation until main chamber is sufficiently cooled to provide a comfortable atmosphere for the cleanup crew.

On a gas-fired spray dryer, the burner assembly has very little or no residual heat capacity. Therefore, the shutdown is more rapid. The correct procedure for shutting down a gas-fired dryer is as follows:

1. Shut off gas supply to burner.

2. Immediately shut off high pressure pump.

3. Same procedure as steam heated dryer.

4. Same procedure as steam heated dryer.

After the above procedures have been accomplished, shut down the intake fan. Let exhaust fan and vibrators or shakers continue to operate, also product removal system. The exhaust fan should be severely dampered so that it induces only a small air flow. A small auxiliary fan is sometimes used in lieu of the dampered exhaust fan. The use of either fan serves a twofold purpose: first, it is helpful to put the drying system under a slight negative pressure to reduce the tendency for product to drift out of the system into the plant through open doors, etc. Secondly, it is vital to prevent thermal currents from creating a reverse air flow through the drying system, which tends to deposit product on the heating surfaces and plenum duct. Product deposits on steam coils reduce their heating ability, create sediment and conceivably bacterial problem areas. If the dryer is gas fired, there is a further hazard of fire. It is important, therefore, that the closure or covers supplied by the manufacturer be placed on the inlet air duct system simultaneously with the shutdown of the fan. After any prime product has been removed from the drying system and the sifter operator notified, the system is ready for cleaning. The cleanup crew should be supplied each day with a freshly laundered set of coveralls, white cap, white face mask, and clean rubbers or boot covers (canvas, or single-service plastic). Prior to donning the above uniform, the procedure is to remove the spray nozzles and pipes as these are normally cleaned with the liquid dryer feed equipment. With clean uniforms, proper brushes and preferably vacuum cleaning equipment, they enter the main desiccator chamber and start the cleaning process as far upstream as possible from the powder removal or pneumatic conveyor system.

1. The first portion cleaned is the collector system. This is done by inserting a brush into the cloth tubes and brushing the length of the tube. Again, this can be done more satisfactorily by utilizing the special vacuum tools designed and available for this service.

2. Remove dustcovers and brush or vacuum out nozzle ports.

3. Manually brush or vacuum ceiling and walls of drying chamber.

4. Sweep or vacuum clean floor of the dryer, placing product in a container.

Note.--Do not remove this product by way of product removal system.

5. Inspect dryer for any inadvertent wet spraying or nozzle drippings that may have occurred during the drying cycle. Should either of these have occurred, the application of a minimum amount of water and effort will be required to remove the clinging material. Any moisture introduced must be removed before operation because of its effect upon smooth product flow and because it would establish a more favorable environment for bacterial growth if it were allowed to remain.

6. Check collector for loose or torn bags and any other mechanical checks necessary before leaving the dryer.

7. Close dryer securely and check switches to make sure they are in the proper starting positions. At frequent intervals, not over a two-week period, the operator should clean and inspect the heated air intakes of the dryer, assuming that the dryer is properly operated during this time. However, should a malfunction occur where the dryer operator does not follow the procedures outlined for proper shutdown, it may require inspection and cleaning at closer intervals. Frequent inspection will eliminate a source of sediment contamination.

8. On startup after dry cleaning of the cloth collector dryer, the first two bags of product shall be discarded. This will allow for the removal of any product remaining in the tubes and system after shutdown.

V. Auxiliary Dry Product Equipment

Part A. Sifters

In general, there are two types of dry product sifters in use by the dry milk manufacturing industry. These are the shaker type and the rotary or gyrating type. Both are designed to operate at various capacities either manually bagging or packaging from their outlet or designed for automatic packaging equipment.

For the general guidance of sifter manufacturers and the dry milk industry, the following screen size openings may be considered as recommended openings to result in satisfactory screening of the listed dry products:

TABLE 3

| | | | | | --- | --- | --- | --- | | | Sieve designation | Maximum sieve opening | | | Product | (from ASTM 223.1) | (approx.) | | | | | mm. | inch | | Nonfat dry milk | #25 | 0.707 | 0.027 | | Dry whole and dry buttermilk | #16 | 1.19 | 0.045 | | | | | |

It is recognized that larger screen size openings may be necessary for sifting certain special dry products (such as "instant" products) and for classification of products into different particle sizes.

Openings referred to above are based on general experience as to what constitutes satisfactory screening to remove product lumps or potential product contamination, and also on ability of most currently used sifters to successfully sift dry products through such size openings without excessive loss of fine product into the "reject material" outlet. (Other factors also affect loss, such as: percent of "open area" in screen used; uneven flow rates to the sifter; ratio of screening surface to dryer capacity; amount and kind of mechanical energy applied to the screening surface; sifter design and construction; and nature of dry product being sifted.)

Screen opening dimensions may be obtained by any desired combination of wire thickness and number of wires per inch. For instance, if the screening surface is made of stainless steel woven wire, the 0.027 inch opening might be obtained by using 24 X 24 mesh market grade screen cloth made of wire 0.014 inch thick (about 45 percent open area) or by using 30 X 30 bolting cloth screen made of wire 0.0065 inch (about 65 percent open area) or by many other mesh-wire thickness combinations. These combinations allow a wide choice to obtain desired balance between screen strength and percent open area. If materials other than stainless steel are used to construct the screening surface, similar combinations may be employed to achieve desired opening size.

Recommendations for Cleaning Dry Product Sifters

1. Dry cleaning program. —The procedures set forth below should be followed.

a. Completely dismantle and thoroughly vacuum or dry brush clean all product-contact surfaces of the dry milk sifter. Reassemble as soon as finished and make every effort to keep all parts dry.

b. Check sifter screen(s) for broken or displaced wires (threads) and for other openings around the frame of the screen, which might permit the passage of unsifted product. Other parts of the sifter, including ball trays and balls, if used, should also be inspected for condition. Any necessary repair or replacement should be made as soon as possible.

c. Flexible rubber or cloth connectors at the inlet and outlets of the sifter should be thoroughly cleaned daily following the procedures as recommended for the sifter. At this time, connectors should be closely examined for holes, cracks, or other damage. (To facilitate removal for cleaning, use of easily removable fastening devices are recommended.)

d. Thoroughly vacuum or dry-brush clean all external parts of the sifter, including the sifter frame and drive mechanism.

2. Wet cleaning program. —The procedures set forth below should be followed.

a. Completely dismantle as in 1. above, remove all loose dry product; then rinse all parts with clear water; and follow by a thorough hand brushing of all parts using a general purpose dairy cleaner. Rinse thoroughly to remove all evidence of cleaning solution or soil. It is recommended that hot water (170°F (77°C) or above) be used for rinsing in order to sanitize the equipment and to aid the subsequent drying.

b. Allow all parts to air dry completely prior to reassembly.

c. The wet wash should be done as frequently as necessary and should be done after each use if the sifter is not being used on a daily basis.

d. After cleaning, drying, and reassembly, the product outlet should be protected against recontamination.

3. General recommendations.—a. Vacuum cleaning is preferred to brush cleaning or cleaning with air under pressure as it decreases the dust drift problem to other areas of the plant.

b. Brushes or vacuum cleaner fittings used for cleaning product-contact surfaces should not be used for cleaning nonproduct-contact surfaces or for other uses which might result in contamination. Such brushes and special fitting should be stored in an enclosed cabinet when not in use. For protection and housekeeping considerations, such cabinets preferably should be of non-wood construction and should have open mesh metal shelving.

Note.—For additional details see 3-A Sanitary Standards for Sifters for Dry Milk and Dry Milk Products, Serial 26-01.

Part B. Storage Bins

The use of portable bins is becoming increasingly popular with the dry milk industry. These tote, or portable, storage bins when used shall comply with the construction requirements of Item 11p and the cleaning and sanitizing requirements of Item 12p (sections 3.19 and 3.20).

If interior bracing and ladders are used in plant storage bins they shall be constructed of smooth rounded metal, and be installed sufficiently far from the walls to prevent harborages. Product entrance and discharge openings connected to the attending conveying equipment shall be dust-tight and shall be easily accessible for cleaning. Vents to the exterior shall be equipped with readily removable air filters of adequate capacity or readily removable covers. If air is to be introduced into the product zone, only filtered air shall be used, and it shall comply with the applicable standards of Appendix 7. Auxiliary agitators or any other interior devices, if used, shall be designed to be smooth, crevice-free, and readily cleanable. The exterior surface of the bin should be smooth, hard finished, and readily cleanable. Hinges on covers, if used, shall be the take-apart type. Covers or doors shall be provided to enclose the product zone when product is not being dumped. These shall be so constructed that dirt or dust on top will not slide or fall into the bin when the cover is open. Access openings shall be provided on all in-plant bins. Such openings should not be less than 18 inches in their smallest dimension. Covers shall be constructed without raised internal reinforcements and should be hinged and equipped with a quick opening device. The gaskets for such openings shall be made of material which is nontoxic, nonabsorbent, smooth, and unaffected by the product. Storage bins in continuous use either in the plant or in transporting dry products from one plant to another should be cleaned according to manufacturer's recommendations when necessary. They may be cleaned by either approved dry cleaning methods or wet cleaned.

Part C. Packaging and Packages

Packaging equipment for dry milk, dry milk products and dry whey will vary greatly as to their design depending upon whether the packages being filled are drums, bins, or bags. Whatever equipment is used should be designed so as to protect the product from contamination from outside sources and from air during the packaging operation. All connections of conveying equipment to packaging devices should have dust-tight connections. All conveyors, ducts, belts, and screws used in connection with packaging equipment should be provided with a dust collector system capable of eliminating any visible dust, All product hoppers, when used, should be provided with covers to properly protect the product from contamination. Hand filling should not be permitted except for periods of adjustment of automatic weighing devices.