Pursuant to subdivision 1 of section 202-d of the State Administrative Procedure Act, notice is hereby provided of the following rules which the Department of Agriculture and Markets is considering proposing but for which a rulemaking proceeding has not been commenced. All section and Part references are to Title 1 of the New York Code of Rules and Regulations.
DIVISION OF ANIMAL INDUSTRY
Part 45: Consider amending avian influenza testing requirements to correspond to practices in other states.
Part 46: Consider amending the program for the control and eradication of brucellosis to remove obsolete provisions and adopt updated federal standards.
Part 53: Consider amending the tuberculosis requirement to require a negative test for cattle imported from other states in order to address the increasing threat of this disease in cattle.
Part 59: Consider amending the vaccine requirements to define the criteria for use of the rabies vaccine in New York.
Part 60: Consider repealing requirements governing the intrastate movement of deer in light of amendments to health requirements for captive cervids (Part 68).
Part 61: Consider adopting recordkeeping requirements for swine, cervid, camelid, goat and sheep dealers.
Part 64: Consider amending regulations governing the movement and transfer of horses or other equidae to allow the acceptance of "equine passports" issued by other states.
Part 68: Consider amending animal health requirements to require tuberculosis surveillance on all captive cervid herds and to provide owners of herds of chronic wasting disease (CWD) susceptible species with a one-time option to move such animals to a special purpose herd.
Part 77: Consider amending the standards of care for seized dogs to clarify the definition of a dog dealer.
Name of agency contact: Dr. David C. Smith
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-3502
DIVISION OF FOOD SAFETY AND INSPECTION
Part 165: Consider amending regulations regarding the grading of potatoes and the definition of culls.
Part 175: Consider amending regulations regarding the grading of maple products.
Part 185: Consider amending regulations to incorporate USDA standards for grades of apples.
Part 192: Consider adopting regulations to implement Chapter 668 of the Laws of 2006, relative to disposal methods for the dumping of sub-standard or below grade agricultural products.
Part 245: Consider amending regulations concerning structural and sanitary requirements for slaughterhouses.
Parts 250, 252, 259, 261, 265, 267, 271, 277, 279 and 280: Consider adoption of current federal regulations regarding standards of identity for food and food products; listings of food additives; food packaging and labeling requirements; current good manufacturing practices; retail food stores; thermally processed low acid foods; and hazard analysis and critical control point (HAACP) plans for seafood and juices.
Part 262: Consider amending regulations regarding fish processing and smoking establishments.
Part 271: Consider amending sanitation requirements for retail food stores to correspond with changes to the 2005 FDA Food Code.
Name of agency contact: Stephen D. Stich
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-4492
DIVISION OF MILK CONTROL AND DAIRY SERVICES
Parts 2 & 3: Consider amending requirements for the production, processing and distribution of milk and milk products.
Section 2.8: Consider amending the pasteurized milk and pasteurized cultured product standards to include a zero tolerance standard for pathogenic coliform.
Part 17: Consider adoption of current federal standards of identity for milk and milk products.
Name of agency contact: Casey McCue
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-1772
DIVISION OF PLANT INDUSTRY
Part 97: Consider amending small grain seed certification standards.
Part 140: Consider amending the Plum Pox Virus (PPV) quarantine area.
Name of Agency Contact: Margaret Kelly
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-2087
BUREAU OF WEIGHTS AND MEASURES
Part 220: Consider increasing the maximum fees that municipal directors of weights and measures can charge for inspections and adopting maximum fees for pricing accuracy inspections.
Section 220.2: Consider adopting national standards for the specifications, tolerances and regulations for commercial weighing and measuring devices as published in the 2009 edition of NIST Handbook 44.
Part 221: Consider adopting national standards, based on "NIST Handbook 130," for commodity labeling and methods of sale for foods and consumer commodities under the Department's jurisdiction.
Section 224.3: Consider adopting standards for alternative fuels produced from biological sources such as biodiesel, blend stock ethanol, and alternative fuels such as E85 and E75.
Name of agency contact: Ross Andersen
Office Address: 10B Airline Drive, Albany, New York 12235
Telephone number: 518-457-3146
EXECUTIVE
Parts 360 & 365: Consider amending regulations governing public access to records of the Department pursuant to the Freedom of Information Law and the Personal Privacy Protection Act.
Name of agency contact: Rebecca Smith
Office Address: 10B Airline Drive, Albany, New York 12235
