New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › Classification › Section 20.46 - Rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Accounting rules and regulations to effectuate the
						provisions of sections
						20.40
						through
						20.45 
						of this Part shall be issued by the market administrator and shall include (but
						not be limited to) conversion factors to be used in the absence of specific
						weights and tests, specific definitions of products, specific shrinkage
						allowances and procedures for determining the quantities of skim milk and
						butterfat disposed of in specified products. Such rules and regulations shall
						be made, and may from time to time be amended, by the market administrator in
						accordance with the procedure set forth in this section; provided, that at any
						time upon a determination by the commissioner that an emergency exists which
						requires the immediate adoption of rules and regulations, the market
						administrator may issue, with the approval of the commissioner, temporary rules
						and regulations without regard to the following procedure: provided further,
						that if any interested person makes written request for the issuance, amendment
						or repeal of any rule, the market administrator shall within 30 days either
						issue notice of meeting pursuant to subdivision (a) of this section or deny
						such request and, except in affirming a prior denial or where the denial is
						self-explanatory, shall state the grounds for such denial; provided further,
						that if the market administrator finds it necessary to promulgate formal rules
						with respect to units, he shall follow the procedure set forth in this
						section.
(a) All proposed rules and
					 regulations and amendments thereto shall be the subject of a meeting called by
					 the market administrator at which time all interested persons shall have
					 opportunity to be heard. Notice of such meeting shall be given by the market
					 administrator, and a copy of the proposed rules and regulations shall be sent
					 at least five days prior to the date of the meeting to all handlers operating
					 pool plants. A stenographic record shall be made at all such meetings and such
					 record shall be public information available for inspection at the office of
					 the market administrator.
(b) A
					 period of at least five days after the meeting held pursuant to subdivision (a)
					 of this section shall be allowed for the filing of briefs. Such briefs shall be
					 public information available for inspection at the office of the market
					 administrator.
(c) Not later than
					 30 days after a meeting held pursuant to subdivision (a) of this section, the
					 market administrator shall issue and send, to all handlers operating pool
					 plants and pool units, the tentative rules and regulations or amendments
					 thereto relating to the issues considered at such meeting, or a tentative
					 notice that no rules or regulations or amendments thereto are to be issued
					 prior to further consideration at another meeting. The tentative rules and
					 regulations, or tentative notice, together with copies of the stenographic
					 record and briefs, shall also at the same time be forwarded by the market
					 administrator to the commissioner.
(d) Not later than 30 days after issuance by
					 the market administrator, the commissioner shall either approve the tentative
					 rules and regulations or tentative notice as issued, or direct the market
					 administrator to reconsider. In the latter event, the market administrator
					 shall within 30 days either issue revised tentative rules and regulations or
					 tentative notice, or call another meeting pursuant to subdivision (a) of this
					 section.
(e) The tentative rules
					 and regulations and amendments thereto or tentative notice issued pursuant to
					 subdivision (c) of this section shall be effective as of the first of the month
					 following approval by the commissioner, but not sooner than 10 days after
					 issuance by the market administrator.