2006 New York Code - 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 without first
  having obtained from the commissioner  a  permit  authorizing  all  such
  shipments, transportations or importations.
    (b)  All  such  permits  shall  expire  on  June  thirtieth following;
  provided, however, that before the commissioner shall issue such  permit
  he or she shall (i) cause an inspection by a New York state inspector of
  the  out-of-state  producers'  cows,  barns, stables, milk houses, water
  supply, milk equipment, utensils and milk; (ii) require a veterinarian's
  certificate showing the cows to be in a  healthy  condition;  and  (iii)
  require the applicant or applicants for the permit to satisfy him or her
  that  the  milk  or milk products to be shipped, transported or imported
  into the state meet all of the sanitary requirements and  standards  for
  such milk and milk products produced within the state of New York.
    (c)  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.
    (d)  The  commissioner  shall  not  issue  a  permit for the shipment,
  transportation or importation into  this  state  of  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 which fail to
  meet in detail in accordance  with  the  actual  inspection  hereinabove
  described,  all sanitary requirements, regulations and product standards
  now in  force  or  hereafter  promulgated  by  the  department  for  the
  production  of  milk  or  milk  products  within  the  state.   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.
  In  lieu  of  the  inspection requirements set forth in paragraph (b) of
  this subdivision, 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.