1 CRR-NY 276.4NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 1. DEPARTMENT OF AGRICULTURE AND MARKETS
CHAPTER VI. FOOD CONTROL
SUBCHAPTER G. LICENSING OF PROCESSING PLANTS
PART 276. FOOD PROCESSING ESTABLISHMENTS
1 CRR-NY 276.4
1 CRR-NY 276.4
276.4 Exemptions.
(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.
1 CRR-NY 276.4
Current through February 29, 2020
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