Cheese or cheese curd shall not be deemed to be pasteurized unless:
In the absence of evidence to the contrary, milk pasteurized in a plant which has been found by the New York State Department of Health to be meeting the requirements of the Sanitary Code promulgated by the Public Health Council of the State of New York [10 NYCRR Chapter I], and milk pasteurized in a plant which has been found to be meeting the requirements of the sanitary code of the Board of Health of the Department of Health of the City of New York, shall be deemed to have been pasteurized as herein required so long as such plant continues to meet such requirements.
N.Y. Comp. Codes R. & Regs. Tit. 1 § 7.3