N.Y. Comp. Codes R. & Regs. tit. 19 § 204.8
Current through Register Vol. 46, No. 53, December 31, 2024
Section 204.8 - Pathogen and vector attraction reduction; testing(a)Pathogen reduction. Natural organic reduction facilities must use one of the methods (and, where applicable, achieve the results) specified in this subdivision to reduce pathogen content before the naturally organically reduced remains leave the facility: (1) maintain the temperature of the remains at 55° C or higher for at least 72 consecutive hours; or(2) other methods or operating conditions as may be approved by the division if the division determines that pathogens are reduced to an extent equivalent to the reduction achieved by a method/result specified in this subdivision.(b)Vector attraction reduction. One of the vector attraction reduction methods or results specified in this subdivision must be used or achieved before the naturally organically reduced remains leave the natural organic reduction facility. Such a vector attraction reduction result must be achieved either after meeting the pathogen reduction requirements or at the same time as meeting the pathogen reduction requirements:(1) treat the remains by an aerobic process for a minimum of 14 days. Throughout such treatment time, the temperature of the remains must remain higher than 40° C and the average temperature of the remains must be higher than 45° C; or(2) other methods or operating conditions as may be approved by the division if the division determines that vector attraction is reduced to an extent equivalent to the reduction achieved by a method/result specified in this subdivision.(c)Pathogen Testing. Prior to removal of the naturally organically reduced remains from the natural organic reduction facility, either the density of fecal coliform in the naturally organically reduced remains shall be less than 1,000 most probable number per gram of total solids (dry weight basis) or the density of salmonella sp. bacteria in the product must be less than 3 most probable number per 4 grams of total solids (dry weight basis). This analysis must be performed by a certified laboratory.(d)Failure of Pathogen Testing. If, after completion of the pathogen or vector attraction reduction methods described in subdivisions (a) and (b) of this section, a laboratory determines the naturally organically reduced remains do not meet the specified standards for pathogens in subdivision (c) of this section, then the natural organic reduction facility shall repeat a pathogen and vector reduction method described in this section, and have the naturally organically reduced remains retested for pathogens in accordance with subdivision (c) of this section.(e)Pollutant Testing. Prior to removal of the naturally organically reduced remains from the natural organic reduction facility, the naturally organically reduced remains shall be tested for pollutants. This analysis must be performed by a certified laboratory. Naturally organically reduced remains shall not contain pollutants that exceed the following thresholds, per maximum concentration mg/kg, dry weight:(3) Chromium (Cr-total) 1,000(f)Failure of Pollutant Testing. If a certified laboratory determines the naturally organically reduced remains exceed any of the pollutant thresholds set forth in subdivision (e) of this section, then the natural organic reduction facility shall repeat the natural organic reduction process with additional bulking agents sufficient to reduce the concentration of pollutants to acceptable levels. Upon completion of the natural organic reduction process, the natural organic reduction facility shall have a certified laboratory retest the naturally organically reduced remains for pollutants in accordance with subdivision (e) of this section.(g)Repeated Failures of Pathogen or Pollutant Testing.(1) If the naturally organically reduced remains have failed the pathogen testing requirements of subdivision (c) of this section, the natural organic reduction facility followed the procedures of subdivision (d) of this section and, upon retesting by a certified laboratory the naturally organically reduced remains again failed the pathogen testing requirements, the natural organic reduction facility shall: (i) promptly notify the division and provide the division with the certified laboratory test results, its analysis of why the naturally organically reduced remains failed the pathogen testing requirements, and, if necessary, proposed adjustments to its operating procedures to mitigate future failures;(ii) promptly notify the person in control of disposition; and(iii) follow the procedure provided in its plan of operations under section 204.3(a) of this Part.(2) If the naturally organically reduced remains have failed the pollutant testing requirements of subdivision (e) of this section and the natural organic reduction facility followed the procedures of subdivision (f) of this section and, upon retesting by a certified laboratory the naturally organically reduced remains again failed the pollutant testing requirements, the natural organic reduction facility shall: (i) promptly notify the division and provide the division with the laboratory test results, its analysis of why the naturally organically reduced remains failed the pollutant testing requirements, and, if necessary, proposed adjustments to its operating procedures to mitigate future failures;(ii) promptly notify the person in control of disposition; and(iii) follow the procedure provided in its plan of operations under section 204.3(a) of this Part.(3) The natural organic reduction facility shall not impose additional charges for having to repeat methods or testing described in this section or having to perform additional methods or testing in order to comply with this section.(h) Original copies of all laboratory testing results obtained pursuant to this section and documentation of all pathogen reduction and vector attraction results achieved pursuant to this section must be retained by the natural organic reduction facility and promptly provided to the person in control of disposition. N.Y. Comp. Codes R. & Regs. Tit. 19 § 204.8
Adopted New York State Register August 7, 2024/Volume XLVI, Issue 32, eff. 8/7/2024