AAM-32-15-00001-P Petroleum Products and Delivery Devices; Exemption of Maple Syrup and Honey Producers from Food Processing

8/12/15 N.Y. St. Reg. AAM-32-15-00001-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 32

August 12, 2015

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-32-15-00001-P

Petroleum Products and Delivery Devices; Exemption of Maple Syrup and Honey Producers from Food Processing

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to repeal sections 220.8 and 220.9; and amend section 276.4 of Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 16, 18, 179, 197-b(3)(a), 214-b, 251-z-4 and 251-z-9

Subject:

Petroleum products and delivery devices; exemption of maple syrup and honey producers from food processing.

Purpose:

To repeal requirements relating to petroleum devices and products, and to maple syrup and honey producers.

Text of proposed rule:

Part 220 of 1 NYCRR is amended by repealing sections 220.8 and 220.9 thereof.

Subparagraph (vi) of paragraph (1) of subdivision (a) of section 276.4 of 1 NYCRR is amended to read as follows:

(vi) All finished product containers must be clean, sanitary and properly labeled in compliance with the requirements of [Parts 175, 176 and] Part 259 of this Title.

Text of proposed rule and any required statements and analyses may be obtained from:

Mike Sikula, Director, Bureau of Weights and Measures, Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.

Consensus Rule Making Determination

The proposed rule will amend 1 NYCRR by deleting duplicative, repealed or superseded provisions found in sections 220.8, 220.9 and 276.4 of 1 NYCRR.

The proposed rule will amend 1 NYCRR 276.4(a) (which currently exempts processors of maple syrup and honey from having to obtain food processing licenses) by deleting the reference to Part 175, which has been repealed, and the reference to Part 176, which is inconsistent with Part 270 (which became effective on January 1, 2015).

The proposed rule will also amend 1 NYCRR Part 220 by repealing: (1) section 220.8, the provisions of which are duplicative of those set forth in sections 224.6 and 224.15, and (2) section 220.9, the provisions of which are duplicative of those set forth in section 224.4.

The proposed rule is non-controversial because it is non-substantive and eliminates provisions that are duplicative or that have been repealed or superseded. The proposed rule will have no impact of any type upon regulated parties and is, therefore, non-controversial.

Job Impact Statement

The proposed rule will not have an adverse impact upon employment opportunities.

The proposed rule will amend 1 NYCRR by repealing sections 220.8 and 220.9 because the provisions thereof are duplicative of the provisions set forth in other sections of 1 NYCRR, and will amend 1 NYCRR section 276.4 by deleting the reference to Parts 175 and 176 in subparagraph (vi) of paragraph (1) of subdivision (a); Part 175 has been repealed and Part 176 has been superseded, each by a recent addition to 1 NYCRR. As such, the proposed rule will have no impact whatsoever upon jobs.