Sale of Sliced Cheese at Farmers' Markets
NY-ADR
7/20/11 N.Y. St. Reg. AAM-29-11-00004-E
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 29
July 20, 2011
RULE MAKING ACTIVITIES
DEPARTMENT OF AGRICULTURE AND MARKETS
EMERGENCY RULE MAKING
I.D No. AAM-29-11-00004-E
Filing No. 613
Filing Date. Jul. 01, 2011
Effective Date. Jul. 01, 2011
Sale of Sliced Cheese at Farmers' Markets
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 276.4 of Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 16, 18, 214-b, 251-z-4 and 251-z-9
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The rule exempts persons who slice cheese at farmers’ markets from the requirement to obtain a food processing license, as set forth in Agriculture and Markets Law Article 20-C, subject to specified food safety conditions. It is necessary to adopt the rule as an emergency measure in order to eliminate a financial and regulatory burden upon sellers of cheese in farmers’ markets, benefit farmers’ markets patrons who wish to purchase cheese that has not been pre-packaged, expand local food purchasing options during the farmers’ market season, and spur additional and needed economic activity in the State.
Subject:
Sale of sliced cheese at farmers' markets.
Purpose:
To exempt persons who slice cheese at a farmers' market for sale to consumers from having to obtain a food processing license.
Text of emergency rule:
Subdivisions (d) and (e) of section 276.4 of 1 NYCRR are relettered to be subdivisions (e) and (f), respectively.
Section 276.4 of 1 NYCRR is amended by adding thereto a new subdivision (d), to read as follows:
(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.
This notice is intended
to serve only as an emergency adoption, to be valid for 90 days or less. This rule expires September 28, 2011.
Text of rule and any required statements and analyses may be obtained from:
Stephen D. Stich, Director, Food Safety and Inspection, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, (518) 457-4492, email: [email protected]
Regulatory Impact Statement
A regulatory impact statement is not submitted, but will be published in the Register within 30 days of the rule's effective date.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted, but will be published in the Register within 30 days of the rule's effective date
Rural Area Flexibility Analysis
A regulatory flexibility analysis is not submitted, but will be published in the Register within 30 days of the rule's effective date
Job Impact Statement
The rule will exempt persons who slice cheese at farmers’ markets for sale to consumers from having to obtain food processing licenses, pursuant to Agriculture and Markets Law Article 20-C. The rule will eliminate a regulatory burden upon persons who slice cheese for sale to consumers at farmers’ markets and, furthermore, will benefit farmers’ markets patrons who wish to purchase cheese that has not been pre-packaged.
The rule is expected to have a positive impact upon jobs and employment opportunities in the State’s cheese industry and at its farmers’ markets.
| End of Document |