6/24/15 N.Y. St. Reg. AAM-05-15-00002-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 2.1 of Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 16, 18, 46, 46-a, 50-k, 71-a, 71-n and 214.6
Subject:
Incorporation by reference of the 2013 edition of the Grade A Pasteurized Milk Ordinance ("PMO").
Purpose:
To require certain producers, processors and manufacturers of milk and milk products to comply with the 2013 edition of the PMO.
Text of final rule:
Paragraph (1) of subdivision (b) of section 2.1 of 1 NYCRR is amended to read as follows:
(1) The sanitation provisions of this Part shall not apply to dairy farms or dairy farmers, or to milk plants and persons who operate milk plants, that have a sanitation compliance rating of 90 or better, as set forth in the latest Sanitation Compliance and Enforcement Ratings of interstate milk shippers list (IMS List), except as set forth in paragraph (2) of this subdivision. Dairy farms and dairy farmers, and milk plants and persons who operate milk plants, that have such a sanitation compliance rating shall comply with the sanitation requirements set forth in the Grade A Pasteurized Milk Ordinance, [2011] 2013 edition, published by the United States Department of Health and Human Services, Washington, DC (PMO) except to the extent that any provision of the PMO is in conflict with a provision of State and/or Federal law and except as provided in paragraph (2) of this subdivision. A copy of the PMO is available for public inspection at the Division of Milk Control and Dairy Services, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, and at the Department of State, [41 State Street] 99 Washington Avenue, Albany, NY 12231.
Subdivision (c) of section 2.1 of 1 NYCRR is amended to read as follows:
(c) Every term used in subdivision (b) of this section that is defined in the Grade A Pasteurized Milk Ordinance, [2011] 2013 edition, shall have the meaning ascribed to such term therein.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 2.1(b)(1).
Text of rule and any required statements and analyses may be obtained from:
Casey McCue, Director, Division of Milk Control, NYS Dept. of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, (518) 457-1772, email:
Casey.McCue@agriculture.ny.govRevised Job Impact Statement
The express terms of the proposed rule were changed to provide that a copy of the 2013 edition of the Pasteurized Milk Ordinance, incorporated by reference in 1 NYCRR section 2.1(b)(1), is available at the Department of State’s current address, i.e., 99 Washington Avenue, Albany, New York 12231. As such, the change made to the last published rule does not necessitate that the previously published statement in lieu of job impact statement be revised.
Assessment of Public Comment
The agency received no public comment.
