reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.19 - Product prices

Current through Register Vol. 46, No. 28, July 10, 2024
The prices specified in this section as computed and
						published by the Director of the Dairy Division, Agricultural Marketing
						Service, United States Department of Agriculture, shall be used in calculating
						the basic Class II formula price pursuant to section
						21.40 
						of this Part, and the term workday as used herein shall mean each Monday
						through Friday that is not a national holiday.
(a) Butter price means the simple average of
					 the prices per pound of approved (92-score) butter on the Chicago Mercantile
					 Exchange for the workdays during the first 15 days of the month, using the
					 price reported each week as the price for the day of the report, and for each
					 succeeding workday until the next price is reported.
(b) Cheddar cheese price means the simple
					 average for the workdays during the first 15 days of the month, of the prices
					 per pound of cheddar cheese in 40- pound blocks on the National Cheese Exchange
					 (Green Bay, WI). The price reported for each week shall be used as the price
					 for the day on which reported, and for each succeeding workday until the next
					 price is reported.
(c) Nonfat dry
					 milk price means the simple average of the prices per pound of nonfat dry milk
					 for the workdays during the first 15 days of the month computed as follows:
(1) Use the prices (using the midpoint of any
					 price range as one price) reported each week for high heat, low heat and
					 approved nonfat dry milk, respectively, for the Central States production
					 area.
(2) Compute a simple average
					 of the weekly prices for the three types of nonfat dry milk in paragraph (1) of
					 this subdivision. Such average shall be the daily price for the day on which
					 the prices were reported and for each preceding workday until the day such
					 prices were previously reported.
(3) Add the prices determined in paragraph
					 (2) of this subdivision for the workdays during the first 15 days of the month
					 and compute the simple average thereof.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Reports and Records of Marketers › Section 21.20 - Reports of receipts and utilization

Current through Register Vol. 46, No. 28, July 10, 2024
Each marketer shall report monthly so that the
						commissioner receives the report on or before the ninth day after the end of
						the month, in the detail and on the prescribed forms, as follows. The
						commissioner shall audit for mathematical correctness and obvious errors the
						reports that are submitted.
(a) Each
					 marketer operating a pool plant shall report for each of its operations the
					 following information:
(1) product pounds,
					 pounds of butterfat, pounds of protein, and pounds of nonfat solids other than
					 protein (other solids) contained in or represented by:
(i) receipts of producer milk, including
					 producer milk diverted by the reporting marketer, from sources other than a
					 collecting cooperative which receives milk for its account from the farm of a
					 producer and delivers to pool plants or diverts to nonpool plants;
					 and
(ii) receipts of milk from any
					 collecting cooperative which receives milk for its own account from the farm of
					 a producer and delivers to pool plants or diverts to nonpool plants;
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Reports and Records of Marketers › Section 21.21 - Reports to collecting cooperatives

Current through Register Vol. 46, No. 28, July 10, 2024
Marketers purchasing from collecting or operating
						cooperatives shall also make reports in the manner and form prescribed in
						section
						21.20 
						to such collecting or operating cooperatives on or before the 5th day of each
						month with respect to milk received during the preceding
						month.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Reports and Records of Marketers › Section 21.22 - Marketer responsibility for records and facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each marketer shall maintain and retain records of its
						operations and make such records and facilities available to the commissioner.
						If adequate records of a marketer, or of any other persons, that are relevant
						to the obligation of such marketer are not maintained and made available, any
						skim milk and butterfat required to be reported by such marketer for which
						adequate records are not available shall be considered as used in the
						highest-priced class.
(a) Records to
					 be maintained.
(1) Each marketer shall
					 maintain records of its operations (including, but not limited to, records of
					 purchases sales, processing, packaging and disposition) as are necessary to
					 verify whether such marketer has any obligation under the order and if so, the
					 amount of such obligation. Such records shall be such as to establish for each
					 plant or other receiving point for each month:
(i) the quantities of skim and butterfat
					 contained in, or represented by, products received in any form, including
					 inventories on hand at the beginning of the month, according to form, time and
					 source of each receipt;
(ii) the
					 utilization of all skim milk and butterfat showing the respective quantities of
					 such skim milk and butterfat in each form disposed of or on hand at the end of
					 the month; and
(iii) payments to
					 producers, dairy farmers, and cooperative associations, including the amount
					 and nature of any deductions and the disbursement of money so
					 deducted.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Reports and Records of Marketers › Section 21.23 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Reports and Records of Marketers › Section 21.24 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Reports and Records of Marketers › Section 21.25 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Reports and Records of Marketers › Section 21.26 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Reports and Records of Marketers › Section 21.27 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Reports and Records of Marketers › Section 21.28 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Reports and Records of Marketers › Section 21.29 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Classification of Milk › Section 21.30 - Basis of classification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The skim milk and butterfat required to
					 be reported by each marketer as set forth in section
					 21.20 
					 of this Part shall be classified each month pursuant to the provisions of
					 sections
					 21.31
					 through
					 21.34.
					 If any of the water contained in the milk from which a product is made is
					 removed before the product is utilized or disposed of by a marketer, the pounds
					 of skim milk used or disposed of in such product shall be considered an amount
					 equivalent to the nonfat milk solids contained in such products plus all the
					 water originally associated with such solids.
(b) Skim milk and butterfat contained in
					 receipts of bulk concentrated fluid milk and nonfluid milk products that are
					 reconstituted for fluid use shall be assigned to Class I use, up to the
					 reconstituted portion of labeled reconstituted fluid milk products, on a pro
					 rata basis (except for any Class I use of specific concentrated receipts that
					 is established by the marketer) prior to any assignments under section
					 21.34 
					 of this Part. Any remaining skim milk and butterfat in concentrated receipts
					 shall be assigned to uses under section
					 21.34 
					 of this Part on a pro rata basis, unless a specific use of such receipts is
					 established by the marketer.
(c)
					 Skim milk and butterfat contained in bulk inventory of fluid milk and fluid
					 cream products at the end of the month at a plant other than a pool plant shall
					 be classified to the lowest class of utilization at the plant or to such
					 classification assigned by a Federal Milk Marketing Order.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Classification of Milk › Section 21.31 - Classes of utilization

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to the conditions set forth in sections
						21.30 and
						21.32
						through
						21.34 
						of this Part, the classes of utilization shall be as follows:
(a) Class I milk shall be all skim milk and
					 butterfat:
(1) utilized and disposed of as a
					 fluid milk product in packaged form;
(2) moved to a plant as a fluid milk product
					 in bulk form where it is utilized or allocated as Class I milk, which in the
					 case of movements to a nonpool plant not regulated by a Federal order shall be
					 a quantity of fluid milk products not less than that distributed as route
					 disposition in the marketing area from such plant;
(3) contained in inventory of packaged fluid
					 milk products on hand at the end of the month;
(4) in shrinkage assigned pursuant to section
					 21.32 
					 of this Part; and
(5) not
					 specifically accounted for as Class II, III or IV milk.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Classification of Milk › Section 21.32 - Classification of shrinkage

Current through Register Vol. 46, No. 28, July 10, 2024
Shrinkage shall be classified at each pool plant as
						follows:
(a) Compute the total
					 shrinkage of skim milk and butterfat, respectively.
(b) Such shrinkage shall be assigned pro rata
					 to each class of use in accordance with the respective volumes of skim milk and
					 butterfat actually accounted for in each class, except that the shrinkage
					 assigned to each class shall not exceed two percent of the skim milk and
					 butterfat, respectively, in such class and any excess thereof shall be assigned
					 to the highest class available at the plant.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Classification of Milk › Section 21.33 - Responsibility of marketers and the reclassification of milk

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All skim milk and butterfat shall be
					 Class I milk unless the marketer who first received such skim milk and
					 butterfat, including that diverted as pool milk or otherwise moved to any other
					 plant, satisfies the commissioner that such skim milk and butterfat should be
					 classified otherwise.
(b) Any skim
					 milk or butterfat shall be reclassified if verification by the commissioner
					 discloses that the original classification was incorrect.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Minimum Prices › Section 21.41 - Class i differential and price

Current through Register Vol. 46, No. 28, July 10, 2024
The Class I differential shall be the differential
						established for Monroe County which is reported in section
						21.42(a) 
						of this Part. The Class I price shall be the price computed pursuant to section
						21.40(a) 
						of this Part for Monroe County.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Minimum Prices › Section 21.42 - Adjusted Class I differentials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Class I differential adjusted for
					 location to be used in section
					 21.40(b) and (c) 
					 of this Part shall be as follows:
County in New York
Differential
Allegany
2.30
Cattaraugus
2.10
Cayuga
2.30
Chautauqua
2.10
Erie
2.20
Genesee
2.20
Livingston
2.30
Monroe
2.30
Niagara
2.20
Ontario
2.30
Orleans
2.20
Seneca
2.30
Steuben
2.30
Wayne
2.30
Wyoming
2.20
Yates
2.30
(b) If the location of a plant is not in one
					 of the counties listed in section
					 21.42(a)  of this
					 Part, the Class I differential for that location is as specified in section
					 1000.52 of the General provisions
					 of Federal Marketing Orders, which appears at 64 FR 70868-70912 (December 17,
					 1999) as amended by 64 FR 73386-73387 (December 30, 1999), copies of which are
					 available for public inspection at the Division of Dairy Industry and Producer
					 Security, Department of Agriculture and Markets, One Winners Circle, Albany, NY
					 12235.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Minimum Prices › Section 21.43 - Announcement of class prices, component prices, and advanced pricing factors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) on or before
					 the fifth day of the month, the commissioner shall announce the following
					 prices for the preceding month:
(1) the Class
					 II price;
(2) the Class II
					 butterfat price;
(3) the Class III
					 price;
(4) the Class III skim milk
					 price;
(5) the Class IV
					 price;
(6) the Class IV skim milk
					 price;
(7) the butterfat
					 price;
(8) the nonfat solids
					 price;
(9) the protein price;
					 and
(10) the other solids
					 price.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Minimum Prices › Section 21.44 - Equivalent price

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
					 for any reason a price or pricing constituent required for computing the prices
					 described in section
					 21.40 
					 of this Part is not available, the commissioner shall use a price or pricing
					 constituent determined by him to be equivalent to the price or pricing
					 constituent that is required.
(b)
					 If any price quotation is affected by any subsidy or other payment by a
					 government agency, and if such quotation does not properly reflect such subsidy
					 or payment, the commissioner shall so adjust the quotation or resulting price
					 as to properly include such subsidy or payment in the resulting class
					 price.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Determination of Uniform Price › Section 21.50 - Net pool obligation of marketers with pool plants

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of computing the net pool obligation of
						any marketer operating a pool plant and any collecting cooperative which has
						arranged to make the reports and payments with respect to the milk producers
						each month, the commissioner shall determine for each month the value of milk
						of each marketer with respect to each of the marketer's pool plants and of such
						a collecting cooperative with respect to milk that was not received at a pool
						plant by adding the amounts computed in subdivisions (a) through (h) of this
						section and subtracting from that total amount the value computed in
						subdivision (i) of this section. Unless otherwise specified, the skim milk,
						butterfat, and the combined pounds of skim milk and butterfat referred to in
						this section shall result from the steps set forth in section
						21.34 
						of this Part and the nonfat components of producer milk in each class shall be
						based upon the proportion of such components in producer skim milk. Receipts of
						nonfluid milk products that are distributed as labeled reconstituted milk for
						which payments are made to the producer-settlement fund of another order shall
						be excluded from pricing under this section.
(a) Class I value.
(1) Multiply the pounds of skim milk in Class
					 I by the Class I skim milk price.
(2) Add an amount obtained by multiplying the
					 pounds of butterfat in Class I by the Class I butterfat price.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Determination of Uniform Price › Section 21.51 - Net pool obligation of any other marketer

Current through Register Vol. 46, No. 28, July 10, 2024
On or before the 25th day after the end of the month
						(except as provided in section
						21.92  of this Part) a
						marketer who distributes packaged fluid milk products into the Western New York
						Milk Marketing Area (other than by receipt at a pool plant) which fluid milk
						products are not otherwise priced under this Part, by a Federal Milk Marketing
						Order, or by a State government's milk classification and pricing program that
						subjects the marketer's plant to market-wide pooling of producer returns shall
						pay to the commissioner for the equalization fund the amount computed pursuant
						to subdivision (a) of this section or, if the marketer submits the applicable
						information required pursuant to section
						21.20 
						of this Part, the marketer may elect to pay the amount computed pursuant to
						subdivision (b) of this section. A marketer whose plant is subject to
						market-wide pooling of producer returns under a State government's milk
						classification and pricing program shall pay the amount computed pursuant to
						subdivision (c) of this section.
(a)
					 The payment under this subdivision shall be an amount resulting from the
					 following computations:
(1) From the plant's
					 route disposition in the marketing area:
(i)
					 subtract receipts of fluid milk products classified as Class I milk from pool
					 plants, plants fully regulated under Federal orders, and including such
					 receipts from collecting cooperatives which have arranged to make the reports
					 and payments with respect to the milk of producers each month, except those
					 receipts subtracted under a similar provision of a Federal milk
					 order;
(ii) subtract receipts of
					 fluid milk products from another nonpool plant that is not a plant fully
					 regulated under a Federal order to the extent that an equivalent amount of
					 fluid milk products disposed of to the nonpool plant by marketers fully
					 regulated under any Federal order is classified and priced as Class I milk and
					 is not used as an offset for any payment obligation under any order;
					 and
(iii) subtract the pounds of
					 reconstituted milk made from non-fluid milk products which are disposed of as
					 route disposition in the marketing area.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Determination of Uniform Price › Section 21.52 - Computation of producer price differential

Current through Register Vol. 46, No. 28, July 10, 2024
For each month, the commissioner shall compute a producer
						price differential per hundredweight. The report of any marketer who has not
						made payments required pursuant to section
						21.64 
						of this Part for the preceding month shall not be included in the computation
						of the producer price differential, and such marketer's report shall not be
						included in the computation for succeeding months until the marketer has made
						full payment of outstanding monthly obligations. Subject to the aforementioned
						conditions, the commissioner shall compute the producer price differential in
						the following manner:
(a) combine into
					 one total the values computed pursuant to section
					 21.50 
					 of this Part for all marketers required to file reports prescribed in section
					 21.20 
					 of this Part;
(b) subtract the
					 total of the values obtained by multiplying each marketer's total pounds of
					 protein, other solids, and butterfat contained in the milk for which an
					 obligation was computed pursuant to section
					 21.50 
					 of this Part by the protein price, other solids price, and the butterfat price,
					 respectively;
(c) add an amount
					 equal to the minus location adjustment and subtract an amount equal to the plus
					 location adjustments computed pursuant to section
					 21.61 
					 of this Part;
(d) add an amount
					 equal to the balance in the equalization fund;
(e) deduct any reserve which the commissioner
					 may deem necessary to cover any item or items in litigation or substantial
					 controversy, which reserve the commissioner is hereby authorized to establish
					 and from which he shall subsequently make payment or distribution in an
					 equitable manner;
(f) subtract the
					 total of payments required to be made for such month by sections
					 21.62
					 and
					 21.67 
					 of this Part;
(g) divide the
					 resulting amount by the sum of the following for all marketers included in
					 these computations;
(1) the total
					 hundredweight of producer milk; and
(2) the total hundredweight for which a value
					 is computed pursuant to section
					 21.50(h) 
					 of this Part; and
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Determination of Uniform Price › Section 21.53 - Announcement of producer prices

Current through Register Vol. 46, No. 28, July 10, 2024
On or before the 13th day after the end of the month, the
						commissioner shall announce the following prices and information:
(a) the producer price
					 differential;
(b) the protein
					 price;
(c) the nonfat solids
					 price;
(d) the other solids
					 price;
(e) the butterfat
					 price;
(f) the average butterfat,
					 protein, nonfat solids, and other solids content of producer milk;
					 and
(g) the statistical uniform
					 price for milk containing 3.5 percent butterfat computed by combining the Class
					 III price and the producer price differential.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Payments › Section 21.60 - Time and rate of payment to producers and cooperative associations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each pool plant
					 operator that is not paying a cooperative association for producer milk shall
					 pay each producer as follows:
(1) Partial
					 payment. For each producer who has not discontinued shipments as of the 23rd
					 day of the month, payment shall be made so that it is received by the producer
					 on or before the 26th day of the month (except as provided in section
					 21.92  of this Part) for
					 milk received during the first 15 days of the month at not less than the lowest
					 announced class price for the preceding month, less proper deductions
					 authorized in writing by the producer.
(2) Final payment. For milk received during
					 the month, payment shall be made so that it is received by each producer no
					 later than the day after the payment date required in section
					 21.65 
					 of this Part in an amount computed as follows:
(i) multiply the hundredweight of producer
					 milk received by the producer price differential for the month as adjusted
					 pursuant to section
					 21.61 
					 of this Part;
(ii) multiply the
					 pounds of butterfat received by the butterfat price for the month;
(iii) multiply the pounds of protein received
					 by the protein price for the month;
(iv) multiply the pounds of other solids
					 received by the other solids price for the month; and
(v) add the amounts computed in subparagraphs
					 (i) through (iv) of this paragraph, and from that sum;
(a) subtract the partial payment made
					 pursuant to paragraph (1) of this subdivision;
(b) subtract the deduction for administrative
					 expenses pursuant to section
					 21.80  of
					 this Part;
(c) add or subtract for
					 errors made in previous payments to the producer; and
(d) subtract proper deductions authorized in
					 writing by the producer.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Payments › Section 21.61 - Plant location adjustments for producer milk and nonpool milk

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of making payments for producer milk and
						nonpool milk, a plant location adjustment shall be determined by subtracting
						the Class I price specified in section
						21.41 
						of this Part from the Class I price at the plant's location. The difference,
						plus or minus as the case may be, shall be used to adjust the payments required
						pursuant to sections
						21.51
						and
						21.60 
						of this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Payments › Section 21.63 - Equalization fund

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall designate a fiscal agent who shall
						establish and maintain a separate fund known as the "equalization fund" into
						which he shall deposit all payments made by marketers pursuant to sections
						21.64
						and
						21.66 
						of this Part, and out of which, at the direction of a person duly authorized by
						the commissioner, such fiscal agent shall make all payments pursuant to
						sections
						21.62,
						21.65,
						21.66
						and
						21.67 
						of this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Payments › Section 21.64 - Payments to equalization fund

Current through Register Vol. 46, No. 28, July 10, 2024
Each marketer shall make payment to the equalization fund
						in a manner that provides receipt of the funds by the commissioner no later
						than the 15th day after the end of the month (except as provided in section
						21.92  of this Part).
						Payment shall be the amount, if any, by which the amount specified in
						subdivision (a) of this section exceeds the amount specified in subdivision (b)
						of this section.
(a) The total value
					 of milk to the marketer for the month as determined pursuant to section
					 21.50 
					 of this Part.
(b) The sum of:
(1) an amount obtained by multiplying the
					 total hundredweight of producer milk as determined pursuant to section
					 21.34(c) 
					 of this Part by the producer price differential as adjusted pursuant to section
					 21.61 
					 of this Part;
(2) an amount
					 obtained by multiplying the total pounds of protein, other solids, and
					 butterfat contained in producer milk by the protein, other solids, and
					 butterfat prices respectively; and
(3) an amount obtained by multiplying the
					 pounds of skim milk and butterfat for which a value was computed pursuant to
					 section
					 21.50(h) 
					 of this Part by the producer differential as adjusted pursuant to section
					 21.61 
					 of this Part for the location of the plant from which received.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Payments › Section 21.65 - Payments out of the equalization fund

Current through Register Vol. 46, No. 28, July 10, 2024
On or before the 16th day of each month (except as
						provided by section
						21.92  of this Part), the
						commissioner or a person authorized by him shall direct the fiscal agent to
						make payment out of the equalization fund to each marketer operating a pool
						plant and each collecting cooperative which has arranged to make the reports
						and payments with respect to the milk of producers, the amount by which the
						value of milk computed pursuant to section
						21.64(b) 
						exceeds the value computed pursuant to section
						21.64(a) 
						of this Part. If, at such time, the balance in the equalization fund is
						insufficient to make all such payments, the commissioner shall reduce uniformly
						such payments and shall direct the completion of such payments as soon as the
						necessary funds are available. No marketer who, on the day he is required to
						make payment pursuant to section
						21.60(c) 
						shall be deemed to be in violation of such section if he reduces his payments
						to producers by not more than the amount of the reduction in payment from the
						equalization fund.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Payments › Section 21.66 - Adjustment of errors in payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever verification by the commissioner
					 of reports or payments of any marketer discloses errors made in payments to or
					 from the equalization fund, the commissioner shall promptly bill such marketer
					 for any unpaid amount, and such marketer shall, within five days, make payment
					 to the fiscal agent of the amount so billed. Whenever verification discloses
					 that payment is due from the equalization fund to any marketer, the
					 commissioner or a person duly designated by him, shall as promptly as possible
					 direct the fiscal agent to make such payment to such marketer.
(b) Whenever the commissioner shall be
					 required pursuant to sections
					 21.60 
					 - 21.68 of this Part to make payment to a marketer from whom any amount is due
					 to the equalization fund, he may instead issue credit therefor to the extent of
					 such amount due.
(c) Whenever
					 verification by the commissioner of the payments to any producer or cooperative
					 association, for milk delivered to any marketer, discloses payments to such
					 producer or cooperative association of less than is required pursuant to
					 section
					 21.60 
					 of this Part the marketer shall make up such payment to the producer or
					 cooperative association not later than the time of making payment next
					 following disclosure.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Payments › Section 21.67 - Payments to cooperative associations for service rendered in milk publicity, advertising, promotion and merchandising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any cooperative association of producers
					 may apply to the commissioner for reimbursement of sums expended for the
					 conduct of a campaign to increase the consumption of milk and dairy
					 products.
(b) Such cooperative
					 association shall make claim for reimbursement of sums expended in such a
					 campaign, on forms provided by the commissioner, and shall have readily
					 available for examination by the commissioner all records pertaining to such
					 expenditures.
(c) Except as
					 provided in section
					 21.68 
					 of this Part, and subject to the provisions of subdivisions (d) and (e) of this
					 section, the commissioner shall pay to cooperative associations from the
					 equalization fund, the cost of milk publicity, advertising, promotion and
					 merchandising claimed by each such cooperative association. Each such claim
					 shall be subject to audit by the commissioner, and in no event shall the rate
					 of reimbursement exceed a rate per hundredweight of the pool milk of the
					 claimant cooperative association, calculated by multiplying the simple average
					 of the monthly uniform prices as announced by the administrator of the Western
					 New York Milk Marketing Order for the preceding calendar year by 0.8 of one
					 percent rounded to the nearest one-half cent.
(d) Reimbursement shall be made pursuant to
					 subdivision (c) of this section with respect to expenditures for milk
					 publicity, advertising, promotion and merchandising which meets the following
					 requirements:
(1) is designed to promote
					 increased consumption of milk and dairy products within the marketing
					 area;
(2) is conducted pursuant to
					 a plan in which cooperatives representing at least two thirds of all producers
					 of milk for the marketing area are active, regular contributing participants;
					 and
(3) disseminates information as
					 to the importance of milk and dairy products in the diet of people of all ages
					 and its effect upon the public health.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Payments › Section 21.68 - Suspension and termination of payments

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the commissioner has reason to believe that any
						cooperative association is not qualified, or is not performing the functions
						necessary to receive payments pursuant to sections
						21.62
						and
						21.67 
						of this Part, or for any other reason such payments should not be made, he may
						suspend such payments and shall hold them in reserve until after a hearing has
						been held and a determination made as to whether such payments should be
						restored or distributed to all producers. The commissioner shall proceed
						promptly in holding such hearing and making such
						determination.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Expense of Administration › Section 21.80 - Deduction by marketers

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of administering the terms of this Part,
						each marketer shall deduct from the prices otherwise to be paid to producers
						and cooperative associations (except a collecting cooperative which has
						arranged to make the reports and payments with respect to the milk of
						producers) an amount to be determined by the commissioner and not to exceed
						$.05 per hundredweight on all pool milk received from producers to be paid to
						the commissioner, as trustee. Such funds shall not be deemed to be State
						funds.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Expense of Administration › Section 21.81 - Payment by marketers

Current through Register Vol. 46, No. 28, July 10, 2024
Each marketer and each collecting cooperative which has
						arranged to make the reports and payments with respect to the milk of producers
						shall, on or before the 15th day of each month, pay to the commissioner as
						trustee, the amounts deducted from producers on pool milk received during the
						preceding month in accordance with the terms of section
						21.80  of
						this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Miscellaneous Provisions › Section 21.90 - Continuing obligation of marketers

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise provided by the commissioner in any
						notice of amendment, termination, or suspension of any or all of the provisions
						hereof, such amendment, termination or suspension shall not:
(a) affect, waive or terminate any right,
					 duty, obligation or liability which shall have arisen or may thereafter arise
					 in connection with any provision of this order; (b) release or waive any
					 violation of this order occurring prior to the effective date of such
					 amendment, termination or suspension; or (c) affect or impair any right or
					 remedies of the commissioner or of any other person with respect to any such
					 violations.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Miscellaneous Provisions › Section 21.91 - Bargaining agency

Current through Register Vol. 46, No. 28, July 10, 2024
The bargaining agency may assist the commissioner as
						follows:
(a) negotiate, advise and
					 cooperate with the commissioner in regard to enforcing and carrying out the
					 terms and provisions of this Part and for the purpose generally of carrying out
					 the terms and provisions of chapter 383 of the Laws of 1937, as
					 amended;
(b) certify to the
					 commissioner the qualifications of cooperatives for the payments pursuant to
					 section
					 21.62 
					 of this Part for the approval or disapproval of the commissioner; and
(c) complain to the commissioner and request
					 a hearing for the disqualification of any cooperative association as provided
					 in section
					 21.62 
					 of this Part or to request the suspension of and a hearing concerning
					 termination of payments in accordance with section
					 21.68 
					 of this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Miscellaneous Provisions › Section 21.92 - Dates

Current through Register Vol. 46, No. 28, July 10, 2024
If a date required for a payment contained in this Part
						falls on a Saturday, Sunday, or State or national holiday, such payment will be
						due on the next day that the commissioner's office is open for public
						business.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Miscellaneous Provisions › Section 21.93 - Termination and suspension

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall terminate this Part at the end of
						any month whenever he finds, after a public hearing, that the conditions which
						he found as the basis for the issuance of this order have ceased to exist or
						that such termination is favored by at least 35 percent of the producers as
						herein defined. This Part shall, in any event, terminate whenever the
						provisions of the statute authorizing it cease to be in
						effect.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Miscellaneous Provisions › Section 21.94 - Continuing power and duty

Current through Register Vol. 46, No. 28, July 10, 2024
If, upon the termination or suspension of this Part,
						there are any obligations arising hereunder the final accrual or ascertainment
						of which require further acts by any marketer, or by the commissioner, or by
						any other person, the power and duty to perform such further acts shall
						continue notwithstanding such termination or suspension.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Miscellaneous Provisions › Section 21.95 - Liquidation

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the termination or suspension of this Part, the
						commissioner shall dispose in an equitable manner of all funds received
						pursuant to the provisions of this Part, together with claims for any funds
						which are unpaid and owing at the time of such termination or
						suspension.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.1 - Statute

Current through Register Vol. 46, No. 28, July 10, 2024
Statute means the New York State Agriculture and Markets
						Law as amended.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.2 - Commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
Commissioner means the Commissioner of Agriculture and
						Markets of the State of New York.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.3 - Marketing area

Current through Register Vol. 46, No. 28, July 10, 2024
Marketing area means all of the territory within the
						boundaries of the City of New York, and the counties and parts of counties set
						forth below together with all piers, docks, and wharves connected therewith,
						and all craft moored thereat, and including territory within such boundaries
						which is occupied by government (municipal, State, Federal or international)
						reservations, installations, institutions or other establishments.
New York Counties: Albany; Broome; Cayuga (except the
						townships of Sterling, Victory, Conquest, and Montezuma); Chemung; Chenango;
						Columbia; Cortland; Delaware; Dutchess; Essex (Schroon, Ticonderoga, Crown
						Point, and Moriah townships only); Fulton (except the township of Stratford);
						Greene, Herkimer (except the townships of Webb, Ohio, and Salisbury); Madison;
						Montgomery; Nassau; Oneida (except the townships of Ava, Boonville, Forestport,
						and Florence); Onondaga; Orange; Oswego (except the townships of Redfield and
						Boylston); Otsego; Putnam; Rensselaer; Rockland; Saratoga (except the townships
						of Day, Edinburg, and Providence); Schenectady; Schoharie; Schuyler; Steuben
						(Addison, Corning and Erwin townships only); Suffolk (except Fisher's Island);
						Sullivan; Tioga; Tompkins; Ulster; Warren (except the townships of Johnsburg,
						Thurman, and Stony Creek); Washington; Westchester; Yates (except the townships
						of Italy, Middlesex, and Potter).
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.5 - Federal milk marketing order

Current through Register Vol. 46, No. 28, July 10, 2024
Federal Milk Marketing Order means an order issued by the
						Secretary of Agriculture of the United States, pursuant to the provisions of
						the Agricultural Marketing Agreement Act of 1937 as amended, regulating the
						handling of milk in an area described in such order. Federal Order 2 means
						Official Order No. 126 (1 NYCRR Part 20), issued pursuant to section 258-m of
						the statute, regulating the handling of milk in the New York-New Jersey Milk
						Marketing Area.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.6 - Person

Current through Register Vol. 46, No. 28, July 10, 2024
Person means any individual, partnership, corporation,
						association or other business unit, and shall be deemed to include any broker,
						agent, cooperative corporation and unincorporated cooperative association, as
						provided in the laws of the State of New York.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.7 - Dairy farmer

Current through Register Vol. 46, No. 28, July 10, 2024
Dairy farmer means any person who produces
						milk.