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) › Pool Plants and Bulk Tank Units › Section 20.25 - Bulk tank units

Current through Register Vol. 46, No. 28, July 10, 2024
Any handler receiving milk from farms in a tank truck
						shall establish such farms in one or more bulk tank units (hereinafter called
						units) each consisting of one or more farms, in accordance with provisions of
						this section. The milk of any farm included in a unit shall be considered for
						pricing purposes as having been received by the handler in the unit at the
						nearest point of the township (as determined pursuant to section
						20.52[b] 
						of this Part) in which such farm is located. Any handler who receives milk at a
						pool plant or a plant distributing Class I-A milk in the marketing area which
						is delivered from a farm to such plant in a tank truck shall be deemed to have
						received such milk from a unit, pool, partial pool, or nonpool, and any handler
						who receives bulk milk from a farm in a tank truck containing pool milk shall
						be deemed to have received such milk from a farm of a unit either pool, partial
						pool, or nonpool.
(a) Handlers who may
					 establish, maintain, and be responsible for pool units are as follows:
(1) A handler who operates a pool plant or a
					 handler who operates a plant from which Class I-A milk is distributed in the
					 marketing area other than to another plant: provided, that a handler who is
					 affiliated with or is a subsidiary of a handler operating a pool plant may also
					 operate pool units if both handlers notify the market administrator in writing
					 of such relationship: provided further, that such handler who operates a
					 distributing plant but not a pool plant, to be eligible to maintain a pool unit
					 for any month, must have combined receipts of skim milk and butterfat from such
					 unit for such month classified as Classes I-A and I-B in a percentage at least
					 as great as the market percentage of pool milk in Classes I-A and I-B for the
					 same month of the preceding year.
(2) A cooperative handler who does not
					 operate a plant but who receives milk from farms in a tank truck and delivers
					 such milk to plants of other handlers if such cooperative for 12 months has
					 been qualified as a basis for payments pursuant to section
					 20.77 
					 of this Part or if such cooperative has operated a pool unit for 12 consecutive
					 months: provided, that such cooperative must meet the definition of a
					 cooperative set forth in section
					 20.77(a)(1).
(3) Any other cooperative handler who does
					 not operate a plant if such cooperative meets the definition of a cooperative
					 set forth in section
					 20.77(a)(1) 
					 of this Part subject to the conditions of this section.
(4) For the months specified in subparagraph
					 (i) or (ii) of this paragraph, any other handler operating a unit in any of the
					 months of April, May, or June which unit had for such month any skim milk or
					 butterfat classified as Class I-A milk in the marketing area (on some basis
					 other than failure to account for such milk) and had a total Class I-A and
					 Class I-B classification in a percentage at least as great as the market
					 percentage of pool milk in Classes I-A and I-B for the same month in the
					 preceding year.
(i) Such month.
(ii) Each of the months through March
					 following such month except for any month when the Class I-B or combined Class
					 I-A and Class I-B of such unit is less than 60 percent.