N.Y. Agriculture & Markets Law § 214-n: Treatment and sale of apple cider

§ 214-n. Treatment and sale of apple cider. 1. As used in this

section, the following terms shall have the following meanings:

(a) "Apple cider" or words of similar import means a product made

exclusively from the expressed, unfermented juice of fresh apples or

parts thereof.

(b) "Treat" or "treated" means any approved action or activity

undertaken to prevent, reduce to acceptable levels, eliminate or render

harmless a pertinent pathogen.

(c) "Pertinent pathogens" means the most resistant microorganisms of

public health significance, and shall include, but not be limited to E.

Coli O157:H7 and cryptosporidium parvum. The commissioner is hereby

authorized to include additional pathogens within this definition as he

or she deems necessary and vital to the protection of public health.

(d) "Person" includes any individual, partnership, corporation or

association.

(e) "Five log" means a 99.999% reduction in pertinent pathogens.

2. Any person who manufactures, processes, sells or exposes for sale

apple cider shall implement an established process to treat such cider

that will consistently produce, at a minimum, a five log reduction, for

at least as long as the shelf life of the product when stored under

normal and moderate abuse conditions, in the pertinent pathogens.

3. This section shall not apply to the sale of apple cider for use in

the production and manufacture of hard cider, vinegar and wine.

4. Any person who knowingly violates the provisions of this section

shall be subject to a civil penalty of up to one thousand dollars for

the first violation and for any subsequent violation.

5. The commissioner is hereby authorized to adopt rules and

regulations, in addition to those authorized in paragraph (c) of

subdivision one of this section, as are necessary to carry out the

provisions of this section.