N.Y. Agriculture & Markets Law § 71-n: Milk and milk products; permit required

§ 71-n. Milk and milk products; permit required. 1. (a) No person,

firm, association, partnership or corporation shall engage in or carry

on the business of shipping, transporting or importing into this state

from any other state, territory or foreign country any milk or milk

products, as defined in subdivision two of section seventy-one-l of this

article, for sale, resale or distribution to consumers unless the milk

and milk products to be shipped, transported, or imported into this

state meet all of the sanitary requirements and standards for such milk

and milk products produced or manufactured within this state.

(b) Nothing in this section shall be held or construed to apply to

evaporated or condensed milk manufactured, sold or exposed for sale or

exchange in hermetically sealed cans.

(c) When the commissioner inspects a plant beyond the boundary of the

state, the commissioner may require such plant to reimburse the

department for all necessary and reasonable expenses incurred in making

such inspections. The commissioner is authorized to effectuate and enter

into such reciprocal agreements with governmental units of other states,

commonwealths or jurisdictions as will insure the inhabitants of this

state milk and milk products complying with all the sanitary

requirements and product standards and regulations now in force or

hereafter promulgated by the department for the production and handling

of milk or milk products within the state, through reciprocal inspection

agreements, and in aid of such agreements, may approve or accept

inspections conducted by other commonwealths, states and jurisdictions

with respect to milk and milk products.

2. No person, firm, association, partnership or corporation shall

engage in the production, processing or manufacture of milk and milk

products without a permit issued by the commissioner pursuant to this

subdivision. The commissioner may decline to grant or renew or may

revoke a permit, after due notice and opportunity for a hearing, when he

or she is satisfied that the applicant or permit holder is not capable

of complying or has not complied with the requirements relating to

production, processing or manufacture of milk and milk products set

forth in this chapter or the rules and regulations promulgated pursuant

thereto. No fee shall be charged for a permit and it shall remain in

effect until revoked or until suspended by the commissioner. With

respect to a milk producer, the permit required by this section shall

consist of a satisfactory sanitary inspection report of a department

inspector or a certified milk industry inspector. An emergency

suspension of a milk producer's permit pursuant to section four hundred

one of the state administrative procedure act may be ordered by a

department employee authorized by the commissioner. Such an order may be

based upon facts as reported by a certified milk industry inspector.

3. The commissioner may, after public hearing, promulgate such rules

and regulations as he or she deems necessary to give full force and

effect to the purpose and intent of this article and to conform such

rules and regulations to the provisions of the Grade A Pasteurized Milk

Ordinance, published by the food and drug administration of the United

States department of health and human services, including those

provisions concerning the disposition of milk as a sanction for

violation of such ordinance.