Section 214-N. Treatment and sale of apple cider


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  • 1. As used in this
      section, the following terms shall have the following meanings:
        (a) "Apple cider" or words of similar  import  means  a  product  made
      exclusively  from  the  expressed,  unfermented juice of fresh apples or
      parts thereof.
        (b) "Treat"  or  "treated"  means  any  approved  action  or  activity
      undertaken  to prevent, reduce to acceptable levels, eliminate or render
      harmless a pertinent pathogen.
        (c) "Pertinent pathogens" means the most resistant  microorganisms  of
      public  health significance, and shall include, but not be limited to E.
      Coli O157:H7 and cryptosporidium  parvum.  The  commissioner  is  hereby
      authorized  to include additional pathogens within this definition as he
      or she deems necessary and vital to the protection of public health.
        (d) "Person" includes  any  individual,  partnership,  corporation  or
      association.
        (e) "Five log" means a 99.999% reduction in pertinent pathogens.
        2.  Any  person who manufactures, processes, sells or exposes for sale
      apple cider shall implement an established process to treat  such  cider
      that  will consistently produce, at a minimum, a five log reduction, for
      at least as long as the shelf life of  the  product  when  stored  under
      normal and moderate abuse conditions, in the pertinent pathogens.
        3.  This section shall not apply to the sale of apple cider for use in
      the production and manufacture of hard cider, vinegar and wine.
        4. Any person who knowingly violates the provisions  of  this  section
      shall  be  subject  to a civil penalty of up to one thousand dollars for
      the first violation and for any subsequent violation.
        5.  The  commissioner  is  hereby  authorized  to  adopt   rules   and
      regulations,  in  addition  to  those  authorized  in  paragraph  (c) of
      subdivision one of this section, as  are  necessary  to  carry  out  the
      provisions of this section.