N.Y. Agriculture & Markets Law § 71-l: Milk sanitation; powers, functions and duties of commissioner

§ 71-l. Milk sanitation; powers, functions and duties of commissioner.

1. The commissioner is charged with the duty of protecting and promoting

the health and welfare of the people of this state by inspecting,

regulating, and supervising the sanitary quality of milk and cream

distributed, consumed or sold within this state, whether produced within

or without the state.

2. (a) Notwithstanding the provisions of any other general, special or

local law, the commissioner may, in order to secure uniformity of

inspection, regulation and supervision of the sanitary quality of milk

and milk products, as defined under the authority of section forty-six-a

of this chapter, reverse, modify or annul in whole or in part any rule,

regulation, direction, order or ordinance heretofore adopted by the

board of health of any local health district or any other body

exercising the powers and duties of a board of health therein, or any

order, direction or requirement made pursuant thereto, pertaining to or

affecting the production, processing, handling, storage, transportation,

sale, resale or distribution of milk and cream, or any operations or

procedures incident thereto.

(b) The order of the commissioner reversing, modifying or annulling

any such rule, regulation, direction, order, ordinance or requirement,

shall state the date on which it takes effect and a copy thereof, duly

signed by the commissioner shall be filed as a public record in the

department.

(c) Nothing contained in this article shall affect any existing rule,

regulation, direction, order, ordinance or requirement relating to the

dating of milk in cities.