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1 CRR-NY 2.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 1. DEPARTMENT OF AGRICULTURE AND MARKETS

CHAPTER I. MILK CONTROL*

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

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

1 CRR-NY 2.2

2.2 Definitions.

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 2.2

Current through July 31, 2023

End of Document