§ 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.