2006 New York Code - 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.


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