(a) A licensed technician who has been given a sample of prepasteurized milk or commingled milk to analyze shall promptly perform the appropriate test(s) at an officially designated laboratory and shall promptly notify the permit holder of the result of the test(s), in writing.

1. (1) The permit holder who controls the assembly of the milk shall ensure that a sample of prepasteurized milk is properly taken by a person licensed pursuant to Agriculture and Markets Law, section 57 each time prepasteurized milk is picked up from a dairy farm and that a sample of commingled milk is properly obtained at least once a month. At least once a month, an official sample of prepasteurized milk from each dairy farm and a sample of commingled milk shall be submitted to a licensed technician for analysis at an officially designated laboratory, to determine compliance with the standards set forth in section 2.8 of this Part. The licensed technician shall continuously maintain samples under adequate refrigeration and sanitary conditions until analyzed. Notwithstanding the foregoing, the permit holder shall ensure that a sample of commingled milk is properly obtained, for each load of milk shipped to a milk plant in a milk tank truck, and submitted to a licensed technician for analysis at an officially designated laboratory, to determine compliance with the drug standard set forth in section 2.8 of this Part. When a sample of commingled milk exceeds the drug standard set forth in this Part or is found to contain a drug at the non-actionable level, the samples from all dairy farms represented in the commingled sample shall be submitted to a licensed technician for analysis at an officially designated laboratory, to determine which sample(s) is/are in violation of such standard or which sample(s) contain(s) a drug at the non-actionable level. When a sample of commingled milk exceeds the drug standard set forth in this Part, the milk from which such sample was taken shall not be accepted or received.

2. (2) All sampling and analysis required to be made pursuant to this Part shall be made in compliance with the applicable provisions of Part 6 of this Title, Standard Methods for the Examination of Dairy Products and the PMO.

   (c) Requirements when prepasteurized milk or raw milk exceeds bacterial limit.

3. (1) When an official sample of prepasteurized milk or raw milk has been analyzed and determined to exceed the bacterial limit set forth in section 2.8 of this Part, the certified milk inspector or an employee of the Division of Milk Control in the case of a producer-dealer or raw milk producer, shall notify the dairy farmer, producer-dealer or raw milk producer, as the case may be, of the results of the analysis and shall inspect the dairy farm to determine the cause.
4. (2) Whenever two of a series of four consecutive official samples exceed the bacterial limit, another official sample of prepasteurized milk or raw milk, as the case may be, shall be taken from 3 to 21 days after notification and shall be submitted to a licensed technician for analysis at an officially designated laboratory, and the dairy farmer, producer-dealer or raw milk producer shall be informed by the certified milk inspector or by an employee of the Division of Milk Control, as applicable, that no prepasteurized milk or raw milk may be shipped, processed or sold if three of any series of five consecutive official samples exceed the bacterial limit.

5. (3) After the prepasteurized milk of a dairy farmer or producer-dealer is no longer prohibited from being shipped or processed, or after the raw milk of a raw milk producer is no longer prohibited from being sold, offered for sale or made available pursuant to the provisions of this section, four official samples of prepasteurized milk or raw milk from different milkings shall be taken within a 5- to 21-day period. No more than two official samples shall be taken during any one seven day period. Such official samples shall be submitted to a licensed technician for analysis at an officially designated laboratory. The official samples required to be taken pursuant to the provisions of this paragraph shall not be considered to be part of a prior series of samples.

   (d) Requirements when prepasteurized milk or raw milk exceeds the somatic cells standard.

6. (1) When an official sample of prepasteurized milk or raw milk has been analyzed and determined to exceed the somatic cells standard set forth in section 2.8 of this Part, the certified milk inspector or an employee of the Division of Milk Control in the case of a producer-dealer or raw milk producer, shall notify the dairy farmer, producer-dealer or raw milk producer as the case may be, of the results of the analysis and another official sample of prepasteurized milk or raw milk shall be taken from 5 to 21 days after notification (“the official recheck sample”) and submitted to a licensed technician for analysis at an officially designated laboratory.
7. (2) When an official recheck sample has been analyzed and determined to exceed the somatic cells standard, the certified milk inspector or employee of the Division of Milk Control, as applicable, shall notify the dairy farmer, producer-dealer or raw milk producer of the results of the analysis and inform him that he must, within 10 days, enroll in the Quality Milk Promotion Services Program (“QMPS”). The dairy farmer, producer-dealer or raw milk producer shall remain properly enrolled in the QMPS program for at least six months from the date of enrollment and until three of a series of four consecutive official samples are analyzed and determined to be in compliance with the somatic cells standard.
8. (3) Whenever two of a series of four consecutive official samples exceed the somatic cells standard, another official sample of prepasteurized milk or raw milk, as the case may be, shall be taken from 5 to 21 days after notification and shall be properly submitted to a licensed technician for analysis at an officially designated laboratory, and the dairy farmer, producer-dealer or raw milk producer shall be informed by the certified milk inspector or by an employee of the Division of Milk Control, as applicable, that no prepasteurized milk or raw milk may be shipped, processed or sold if three of any series of five consecutive samples exceed the somatic cells standard. The dairy farmer, producer-dealer or raw milk producer shall also be informed by the certified milk inspector or by an employee of the Division of Milk Control, as applicable, that he must, within 10 days, enroll in the QMPS program and remain properly enrolled therein for at least six months and until three of a series of four consecutive official samples are analyzed and determined to be in compliance with the somatic cells standard.

9. (4) After the prepasteurized milk of a dairy farmer or producer-dealer is no longer prohibited from being shipped or processed, or after the raw milk of a raw milk producer is no longer prohibited from being sold, offered for sale or made available pursuant to the provisions of this section, four official samples of prepasteurized milk or raw milk from different milkings shall be taken within a 5- to 21-day period. No more than two samples shall be taken during any one seven day period. Such samples shall be submitted to a licensed technician for analysis at an approved laboratory. The samples required to be taken pursuant to the provisions of this paragraph shall not be considered to be part of a prior series of samples.

   (e) Requirements when prepasteurized milk exceeds the drug standard.

   When a sample of prepasteurized milk has been determined to exceed the drug standard set forth in section 2.8 of this Part, the certified milk inspector shall immediately notify the dairy farmer of the results of the analysis and shall inform him:

10. (1) that no prepasteurized milk may be shipped until the milk no longer exceeds the drug standard and for a period of at least:

    1. (i) two days from the date the prepasteurized milk was determined to exceed the drug standard if such excessive sample was the first excessive sample in a 12-month period; or
    2. (ii) four days from the date the prepasteurized milk was determined to exceed the drug standard, if such excessive sample was the second or more excessive sample in a 12-month period; and

11. (2) that he shall immediately contact a licensed veterinarian, inform such licensed veterinarian that his milk has been found to contain a drug, meet with such licensed veterinarian as soon as practicable after contacting him, and in no event later than 30 days thereafter, and review with such licensed veterinarian the provisions of the milk and dairy beef residue prevention protocol. Immediately after such review, the dairy farmer shall sign the certificate at page 57 of the protocol and retain it for at least two years.

    Notwithstanding the provisions of subparagraphs (1)(i) and (ii) of this subdivision, prepasteurized milk that does not exceed the drug standard may be shipped if the dairy farmer pays a penalty to the permit holder who receives his milk, in an amount equal to the value of such prepasteurized milk at the applicable uniform price or, if there is no applicable uniform price, at the generally prevailing price.

(b) Sampling and analysis of prepasteurized milk and commingled milk.