N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-5.2
The requirements of this Subpart shall apply to all activities and uses at an agricultural fairground and any action by the holder of a permit to operate an agricultural fairground that impacts the agricultural fairground; provided, however, that the requirements of this Subpart shall not apply to an agricultural fairground for which the commissioner has determined that compliance with these requirements is not necessary to protect public health. In making such determination, the commissioner shall consider at least the following factors: the nature of the activities at the fairground, the duration of the activities at the fairground, the use of the water system at the fairground, the presence of animals at the fairground, fairground animal waste handling practices, and the extent to which the fairground is subject to the regulations of other governmental agencies.
N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-5.2