*DESIGNATION

WHEREAS, The Department of Health is required by Section 201(1)(l) of the Public Health Law to supervise and regulate the sanitary aspects of the production, processing and distribution of milk, cream and milk products; and

WHEREAS, Under Section 1400 of the Public Health Law the Commissioner of Health is charged with the duty of protecting and promoting the health and welfare of the people of this State by inspecting, regulating and supervising the sanitary quality of milk and cream distributed, consumed or sold within this State, whether produced within or without the State; and

WHEREAS, In the discharge of such duty, the Commissioner of Health has the responsibility of determining the proper agencies to be entrusted with responsibilities for effective sanitary control and inspection of milk and cream; and

WHEREAS, The Legislative Commission on Expenditure Review has concluded that duplication in the inspection and regulation of milk and milk products exists at the levels of the farm, processing and manufacturing plants, and distribution systems; and

WHEREAS, It is in the public interest that this duplication as between the State Departments of Health and Agriculture and Markets be eliminated;

NOW, THEREFORE, I designate the Department of Agriculture and Markets as the agency to carry out the responsibilities of the Commissioner and Department of Health in relation to inspecting and supervising the production, handling, storage, transportation, sale or resale of milk and cream, including the issuance of permits pursuant to Section 1420 of the Public Health Law and the State Sanitary Code (10 NYCRR Part 3) for the shipment, transportation or importation into this State of any milk or cream for sale, resale or distribution.

There are excluded from this Designation the responsibilities of the Commissioner and the Department of Health for inspection, regulation and supervision of the pasteurization process, as defined by the State Sanitary Code (10 NYCRR 3.2[u]), in all milk plants utilizing a pasteurization or equivalent process involving the application of heat.

The Department of Agriculture and Markets shall enforce the chemical, bacteriological, temperature and sanitation standards for the production, handling, storage, transportation, sale or resale of milk and milk products prescribed by the State Sanitary Code (10 NYCRR 3.5-3.68) and shall report communicable diseases as required by such Code.

This Designation shall be effective on and after June 27, 1974.

Dated: May 30, 1974