(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, the Commissioner of the Department of Agriculture and Markets hereby adopts part 117 of title 21 of the Code of Federal Regulations (revised as of April 1, 2016; U.S. Government Printing Office, Washington, D.C. 20402), except that each reference therein to the terms:

1. (1) FDA shall be deemed to be a reference to the Department of Agriculture and Markets;
2. (2) FDA District Director and to Director and to Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition shall be deemed to be a reference to the Director of the Division of Food Safety and Inspection of the Department of Agriculture and Markets;
3. (3) Secretary and to Commissioner of Food and Drugs shall be deemed to be a reference to the Commissioner of the Department of Agriculture and Markets unless the context clearly indicates that each such term should have the meaning ascribed to it in title 21 of the Code of Federal Regulations section 117.3.

(b) Notwithstanding the provisions of subdivisions (a) of this section:

1. (1) the Commissioner of the Department of Agriculture and Markets does not adopt section 117.201 of subpart D, and does not adopt subpart E, of part 117 of title 21 of the Code of Federal Regulations; and
2. (2) part 117 of title 21 of the Code of Federal Regulations does not apply to a milk plant or transfer station that is an interstate milk shipper listed in the document entitled Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers, published by the U.S. Department of Health and Human Services, unless such listing has been properly withdrawn.