Review of Existing Regulations

Pursuant to Section 207 of the State Administrative Procedure Act, notice is hereby provided of the continuation without modification of the following rules which the Department of Agriculture and Markets has reviewed in 2009. Notice that a review of these regulations would be conducted and public comment on that continuation or modification accepted until March 31, 2009 was published in the January 7, 2009 State Register. All section and Part references are to Title 1 of the New York Code of Rules and Regulations.

Rules adopted in 1998:

Section 380.1 - Farm Product Dealer License period.

Statutory Authority: Agriculture and Markets Law sections 16, 18, 248, and 250-i.

Justification: The Department has determined that the continuation of this regulation without modification is necessary to establish the license year for Farm Product Dealers as required by section 248 of the Agriculture and Markets Law. This section was amended in 2003 to remove an obsolete reference to a pro-rated fee.

Assessment of Public comment: None received.

Rules adopted in 1999 (10 year review):

Part 45 - Movement of live poultry requirements to prevent the spread of avian influenza.

Statutory authority: Agriculture and Markets Law sections 16(1), 18(6), 72, 74 and 75.

Justification: The Department has determined that the continuation of this regulation without modification is necessary to prevent the spread of avian influenza through live poultry markets in the New York City Metropolitan area by limiting the markets' source of poultry to flocks which are free of disease. This regulation was amended in 2005 to require additional sanitation practices, including cleaning and disinfecting of crates and trucks.

Assessment of Public Comment: None received.

Part 205 - Cabbage Research and Development Program

Statutory authority: Agriculture and Markets Law sections 16(1), 18(6), 294 and 295.

Justification: The Department has determined the continuation of this regulation without modification is necessary to retain the Cabbage Research and Development Program which aids cabbage growers in developing higher quality product to better compete in the market place, combating various storage disorders, developing insect and disease control strategies and providing better food safety by the development of a HAACP program.

Assessment of Public Comment: None received.

Sections 139.2 and 139.3 - Asian Long Horned Beetle Quarantine.

Statutory authority: Agriculture and Markets Law sections 18, 164 and 167.

Justification: The Department has determined that the continuation of this regulation without modification is necessary to preserve the Asian Long Horned Beetle quarantine in certain areas of Brooklyn and Amityville, New York. The quarantine area has been repeatedly expanded in an effort to control the spread of the beetle, most recently in 2007.

Assessment of Pubic Comment: None received.

Rules adopted in 2004 (5 year review):

Part 271 - Food offered for sale in retail stores.

Statutory Authority: Agriculture and Markets Law sections 16(1), 18(2),(6) and 214-b.

Justification: The Department has determined that the continuation of this regulation without modification is necessary to combat outbreaks of food borne illness by addressing five risk factors: improper holding temperature, inadequate cooling, contaminated equipment, unsafe food sources and poor personal hygiene. The regulation incorporates provisions of the federal food code focusing on five interventions to help prevent food borne illness as follows: time/temperature relationship, employee health, management knowledge, hands as a vehicle of contamination, and consumer education.

Assessment of Public Comment: None received.

Parts 350 & 369 - Standards for Conduct of Fairs.

Statutory Authority: Agriculture and Markets Law sections 16, 18, and 287.

The Department has determined that the continuation of this regulation without modification is necessary to allow local fairs to set the entry fee for exhibits, rather than requesting the Commissioner's permission if the fee exceeds ten percent of the first premium.

Assessment of Public Comment: None received.