Section 71-L. Milk sanitation; powers, functions and duties of commissioner  


Latest version.
  • 1. The commissioner is charged with the duty of protecting and promoting
      the  health  and  welfare  of  the  people  of this state by inspecting,
      regulating, and supervising the  sanitary  quality  of  milk  and  cream
      distributed, consumed or sold within this state, whether produced within
      or without the state.
        2. (a) Notwithstanding the provisions of any other general, special or
      local  law,  the  commissioner  may,  in  order  to secure uniformity of
      inspection, regulation and supervision of the sanitary quality  of  milk
      and milk products, as defined under the authority of section forty-six-a
      of  this chapter, reverse, modify or annul in whole or in part any rule,
      regulation, direction, order or  ordinance  heretofore  adopted  by  the
      board  of  health  of  any  local  health  district  or  any  other body
      exercising the powers and duties of a board of health  therein,  or  any
      order,  direction or requirement made pursuant thereto, pertaining to or
      affecting the production, processing, handling, storage, transportation,
      sale, resale or distribution of milk and cream,  or  any  operations  or
      procedures incident thereto.
        (b)  The  order  of the commissioner reversing, modifying or annulling
      any such rule, regulation, direction, order, ordinance  or  requirement,
      shall  state  the date on which it takes effect and a copy thereof, duly
      signed by the commissioner shall be filed as  a  public  record  in  the
      department.
        (c)  Nothing contained in this article shall affect any existing rule,
      regulation, direction, order, ordinance or requirement relating  to  the
      dating of milk in cities.