Section 2.8 Quality Standards

Part 10 of Title 1 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed.

Part 12 of Title 1 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed.

Part 13 of Title 1 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed.

The Department has considered the proposed amendments to Parts 2, 10, 12 and 13 and has determined that no person is likely to object to the rule as written.

The proposed amendments to Section 2.8 and repeal of Part 12 would remove sediment testing requirements for milk. Sediment is organic matter that is not a natural component of milk, but which can become incorporated into the milk during harvest of the milk from the cow. However, modern milk production generally uses sealed lines, storage tanks and sanitary pumps that do not expose milk to the risk of sediment contamination. Additionally, milk producers and processors test milk for bacteria on a regular basis, and these tests reveal inadequate sanitation in facilities or contamination in milk before the milk would fail a sediment test. The United States Department of Agriculture repealed federal sediment-testing requirements for most dairy farms in Federal Register Vol. 77, No. 104, dated May 30, 2012. Likewise, milk inspectors working for the NYS Department of Agriculture and Markets stopped conducting sediment testing on farms producing Grade A milk in 2012. Repealing the sediment testing requirements in Parts 2.8 and 12 will conform New York State’s regulations to the applicable federal regulations, as well as the realities of the modern dairy industry. Additionally, the amendment of Part 2.8 makes a technical change, by removing superfluous references to Somatic Cell standards that applied prior to July 1, 1993. No person is likely to object to these changes. Accordingly, a consensus rule making is appropriate under the State Administrative Procedure Act § 102(11)(a) and (c).

The proposed repeal of Part 10 would remove obsolete requirements governing the injection of steam into milk and cream. The requirements of Part 10 were enacted in 1960 to respond to concerns that milk companies would use steam to adulterate milk or cream with water. Since 1960, the industry has established a consistent track record of not adulterating dairy products using steam. Additionally, the use of steam in processing milk or cream is covered by portions of 1 NYCRR Part 2, such as 1 NYCRR 2.46(b)(7) and (8), and by requirements in the Grade “A” Pasteurized Milk Ordinance, 2009 revision, which is incorporated into state regulations in 1 NYCRR 2.1(b)(1). No one is likely to object to the repeal of the obsolete and superfluous requirements of Part 10. Accordingly, a consensus rule making is appropriate under the State Administrative Procedure Act § 102(11)(a) and (c).

The proposed repeal of Part 13 would remove obsolete requirements governing the sale and distribution of dry milk powder. When these regulations were promulgated, dry milk products were subject to a Dry Milk Ordinance, independent from the Grade “A” Pasteurized Milk Ordinance. In 2003, the Dry Milk Ordinance was incorporated into the Grade “A” Pasteurized Milk Ordinance. The Grade “A” Pasteurized Milk Ordinance, 2009 revision, is incorporated into state regulations in 1 NYCRR 2.1(b)(1). Accordingly, the requirements of Part 13 are now unnecessary. No one is likely to object to the repeal of the duplicative requirements of Part 13. Accordingly, a consensus rule making is appropriate under the State Administrative Procedure Act § 102(11)(a) and (c).

The Department has reviewed the potential job impact of this rulemaking, and has determined that the amendments to Parts 2.8, 10, 12 and 13 will not have a substantial adverse impact on jobs and employment opportunities. It is evident from the subject matter of the rule making that the changes will not have a substantial adverse impact on jobs and employment opportunities. Rather, the rules seek to repeal superfluous or unenforced rules, and to conform state regulations to regulations of the United States Department of Agriculture. By removing superfluous rules and promoting uniformity between state and federal regulations, the amendments will have a slight positive or no impact on job and employment opportunities. Accordingly, a full job impact statement is not required pursuant to State Administrative Procedure Act § 201-a(2)(a).