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) › General Provisions and Definitions › Section 20.12 - Producer-handler

Current through Register Vol. 46, No. 28, July 10, 2024
Producer-handler means a handler who, following the
						filing of an application pursuant to subdivision (a) of this section has been
						so designated by the market administrator upon determination that the
						requirements of subdivision (b) of this section have been met. Such designation
						shall be effective on the first of the month after receipt by the market
						administrator of an application containing complete information on the basis of
						which the market administrator determines that the requirements of subdivision
						(b) are being met. The effective date of designation shall be governed by the
						date of filing new applications in instances where applications previously
						filed have been denied. All designations shall remain in effect until cancelled
						pursuant to subdivision (c) of this section.
(a) Application. Any handler claiming to meet
					 the requirements of subdivision (b) of this section may file with the market
					 administrator, on forms prescribed by the market administrator, an application
					 for designation as a producer-handler. The application shall contain the
					 following information:
(1) A listing and
					 description of all resources and facilities used for the production of milk
					 which are owned or directly or indirectly operated or controlled by the
					 applicant.
(2) A listing and
					 discription of all resources and facilities used for the processing or
					 distribution of milk or milk products which are owned, or directly or
					 indirectly operated or controlled by the applicant.
(3) A description of any other resources and
					 facilities used in the production, handling, or processing of milk or milk
					 products in which the applicant in any way has an interest, including any
					 contractual arrangement, and the names of any other persons having or
					 exercising any degree of ownership, management, or control in, or with whom
					 there exists any contractual arrangement with respect to, the applicant's
					 operation either in his capacity as a handler or in his capacity as a dairy
					 farmer.
(4) A listing and
					 description of the resources and facilities used in the production, processing,
					 and distribution of milk or milk products which the applicant desires to be
					 determined as his milk production, processing, and distribution unit in
					 connection with his designation as a producer-handler: provided, that all milk
					 production resources and facilities owned, operated, or controlled by he
					 applicant either directly or indirectly shall be considered as constituting a
					 part of the applicant's milk production unit in the absence of proof
					 satisfactory to the market administrator that some portion of such facilities
					 or resources do not constitute an actual or potential source of milk supply for
					 the applicant's operation as a producer-handler.
(5) Such other information as may be required
					 by the market administrator.