reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter A - Dairy Products (Article 4, Agriculture and Markets Law) › Part 18 - Labeling And Serving Of Imitation Cheese And Imitation Cheese Food › Section 18.3 - Notification of use of imitation cheese or of imitation cheese food in service food establishments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall sell or offer for sale
				  any product containing imitation cheese or imitation cheese food in a service
				  food establishment, unless the menu displayed or made available therein sets
				  forth, after the product designation or brand name, whichever is larger, of any
				  food which contains imitation cheese or imitation cheese food, the words
				  "contains imitation cheese" or "contains imitation cheese food", as
				  appropriate. Said words shall (1) follow, without interruption, the product
				  designation or brand name, as appropriate, and shall be in letters of equal
				  size, displayed against the same contrasting background; and (2) be in letters
				  of the same color, design and style as those in product designation or brand
				  name, and be as easily readable as the product designation and brand
				  name.
(b) No person shall sell or
				  offer for sale any product containing imitation cheese or imitation cheese food
				  in a service food establishment, unless a sign which meets the following
				  requirements is conspicuously posted therein.
(1) The sign shall set forth the product
				  designation or brand name of every food sold or offered for sale therein which
				  contains imitation cheese or imitation cheese food, immediately followed by the
				  words "contains imitation cheese" or "contains imitation cheese food", as
				  appropriate.
(2) The words
				  "contains imitation cheese" and "contains imitation cheese food" shall be set
				  forth on said sign in the same manner as the product designation or brand name
				  and shall be against the same contrasting background. The letters of said words
				  shall be the same height as the height of the letters in the product
				  designation or brand name, or three inches high, whichever is larger, and of
				  the same color, design and style thereof, and shall be easily readable as the
				  product designation and brand name.
(3) The sign shall be plainly visible from
				  each and every location at which a customer may place an order for food for
				  carryout or for on-premises consumption.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 19 - General Provisions Relating To The New York - New Jersey Milk Marketing Area › Section 19.1 - Scope and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth certain terms, definitions, and
					 provisions which shall be applicable to and part of Official Order No. 126 (1
					 NYCRR Part 20), except as specifically defined otherwise, or modified, or
					 otherwise provided in such order.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 19 - General Provisions Relating To The New York - New Jersey Milk Marketing Area › Section 19.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms shall have the following meanings as
					 used in Official Order No. 126 (1 NYCRR Part 20).
(a) Statute means the Agriculture and Markets
				  Law, as amended.
(b) Commissioner
				  means the Commissioner of Agriculture and Markets of the State of New
				  York.
(c) Order means Official
				  Order No. 126 (1 NYCRR Part 20), issued pursuant to section 258-n of the
				  statute.
(d) Act and Secretary.
(1) Act means Public Act No. 10, 73rd
				  Congress, as amended and as reenacted and amended by the Agricultural Marketing
				  Agreement Act of 1937, as amended (7 U.S.C.
				  601 et seq.).
(2) Secretary means the Secretary of
				  Agriculture of the United States, or any officer or employee of the United
				  States Department of Agriculture to whom authority has heretofore been
				  delegated, or to whom authority may hereafter be delegated, to act in his
				  stead.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 19 - General Provisions Relating To The New York - New Jersey Milk Marketing Area › Section 19.3 - Market administrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Designation. The agency for the
				  administration of the order shall be a market administrator selected by the
				  commissioner and subject to removal at the commissioner's discretion. The
				  market administrator shall be entitled to compensation determined by the
				  commissioner.
(b) Powers. The
				  market administrator shall have the following powers with respect to the order:
(1) administer the order in accordance with
				  its terms and provisions;
(2) make
				  rules and regulations to effectuate the terms and provisions of the
				  order;
(3) receive, investigate,
				  and report complaints of violations to the commissioner; and
(4) recommend amendments to the
				  commissioner.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 19 - General Provisions Relating To The New York - New Jersey Milk Marketing Area › Section 19.4 - Continuity and separability of provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Effective time. The provisions of the
				  order or any amendment to the order shall become effective at such time as the
				  commissioner may declare and shall continue in force until suspended or
				  terminated.
(b) Suspension or
				  termination. The commissioner shall suspend or terminate any or all of the
				  provisions of the order whenever he finds that such provision(s) obstructs or
				  does not tend to effectuate the declared policy of the statute. The order shall
				  terminate whenever the provisions of the statute authorizing it cease to be in
				  effect.
(c) Continuing obligations.
				  If, upon the suspension or termination of any or all of the provisions of the
				  order, there are any obligations arising under the order, the final accrual or
				  ascertainment of which requires acts by any handler, by the market
				  administrator or by any other person, the power and duty to perform such
				  further acts shall continue notwithstanding such suspension or
				  termination.
(d) Liquidation.
(1) Upon the suspension or termination of any
				  or all provisions of the order, the market administrator, or such other
				  liquidating agent designated by the commissioner, shall, if so directed the
				  commissioner, liquidate the business of the market administrator's office,
				  dispose of all property in his possession or control, including accounts
				  receivable, and execute and deliver all assignments or other instruments
				  necessary or appropriate to effectuate any such disposition.
(2) If a liquidating agent is so designated,
				  all assets and records of the market administrator shall be transferred
				  promptly to such liquidating agent. If, upon such liquidation, the funds on
				  hand exceed the amounts required to pay outstanding obligations of the office
				  of the market administrator and to pay necessary expenses of liquidation and
				  distribution, such excess shall be distributed to contributing handlers and
				  producers in an equitable manner.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 19 - General Provisions Relating To The New York - New Jersey Milk Marketing Area › Section 19.5 - Handler responsibility for records and facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each handler shall maintain and retain
				  records of his operations and make such records and his facilities available to
				  the market administrator. If adequate records of a handler, or of any other
				  persons, that are relevant to the obligation of such handler, are not
				  maintained and made available, any skim milk and butterfat required to be
				  reported by such handler, for which adequate records are not available, shall
				  not be considered accounted for or established as used in class other than the
				  highest priced class.
(b) Records
				  to be maintained.
(1) Each handler shall
				  maintain records of his operations (including but not limited to records of
				  purchases, sales, processing, packaging, and disposition) as are necessary to
				  verify whether such handler 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 milk 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 19 - General Provisions Relating To The New York - New Jersey Milk Marketing Area › Section 19.6 - Termination of obligations

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this section shall apply to any
					 obligation under the order for the payment of money:
(a) Except as provided in subdivisions (b)
				  and (c) of this section, the obligation of any handler to pay money required to
				  be paid under the terms of the order shall terminate two years after the last
				  day of the month during which the market administrator receives the handler's
				  report of receipts and utilization on which such obligation is based, unless,
				  within such two-year period, the market administrator notifies the handler in
				  writing that such money is due and payable. Service of such written notice
				  shall be complete upon mailing to the handler's last known address and it shall
				  contain but need not be limited to the following information:
(1) The amount of the obligation;
(2) The month(s) on which such obligation is
				  based; and
(3) If the obligation is
				  payable to one or more producers or to a cooperative association (except an
				  obligation to be prorated to producers under an individual handler pool), the
				  name of such producer(s) or such cooperative association, or if the obligation
				  is payable to the market administrator, the account for which it is to be
				  paid.
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 20.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
The terms, definitions and provisions in Part 19 of this
						Title are hereby incorporated by reference and made a part 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 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › General Provisions and Definitions › Section 20.2 - 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 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › General Provisions and Definitions › Section 20.3 - Marketing area

Current through Register Vol. 46, No. 28, July 10, 2024
New York - New Jersey milk marketing area (hereinafter
						called the "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 in
						this section 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.
(a) The following counties and parts of
					 counties in the State of New York: 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; and Yates (except the
					 townships of Italy, Middlesex and Potter); and in the State of New Jersey:
					 Bergen; Essex; Hudson; Hunterdon; Middlesex; Monmouth; Morris; Ocean (except
					 the boroughs of Barnegat Light, Beach Haven, Harvey Cedars, Ship Bottom, Surf
					 City, Tuckerton, and the townships of Eagleswood, Lacey, Little Egg Harbor,
					 Long Beach, Ocean, Stafford and Union); Passaic; Somerset; Sussex; Union and
					 Warren.
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 20.4 - 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 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › General Provisions and Definitions › Section 20.5 - Dairy farmer

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

Current through Register Vol. 46, No. 28, July 10, 2024
Producer means any dairy farmer who produces milk
						approved by a duly constituted regulatory agency for fluid consumption and who
						delivers pool milk as specified in section
						20.14  of this Part to a
						pool plant, a pool unit, a plant specified in section
						20.28(f)(2) 
						which is partial pool plant, or a partial pool unit whose pool designation was
						canceled for failure to meet the requirements specified in section
						20.26(a),
						except that it shall not include any such dairy farmer delivering to such
						partial pool plant or partial pool unit unless at least 50 percent of such
						dairy farmer's milk delivered to such plant or unit is pool milk pursuant to
						section
						20.14  of this Part.
						Each dairy farmer delivering milk to a partial pool plant or a partial pool
						unit shall be considered to have delivered pool milk for such dairy farmer's
						proportionate share of total milk delivered by dairy farmers to such plant or
						unit.
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 20.7 - Handler

Current through Register Vol. 46, No. 28, July 10, 2024
Handler means:
(a) any person who engages in the handling of
					 skim milk or butterfat, which was received at a pool plant, a partial pool
					 plant, a pool unit or a partial pool unit or at a plant approved by any health
					 authority as a source of skim milk or butterfat for disposition as fluid milk
					 products in the marketing area;
(b)
					 any person who engages in the handling of fluid milk products, all or a portion
					 of which is shipped to, or received in, the marketing area; or
(c) any cooperative association with respect
					 to milk which it causes to be delivered from producers to any other handler for
					 the account of such association and for which such association receives
					 payment.
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 20.8 - Plant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Plant means the
					 land, buildings, surroundings, facilities, and equipment, whether owned or
					 operated by one or more persons, constituting a single operating unit or
					 establishment for the receiving, handling, or processing of milk or milk
					 products as determined by the market administrator.
(b) Pool plant means any plant which is
					 designated as a pool plant pursuant to sections
					 20.24 to
					 20.28  of
					 this Part and any plant, except another order plant, which receives no milk
					 from dairy farmers or units and from which 50 percent or more of the gross
					 receipts of skim milk and butterfat in the form of fluid milk products is
					 disposed of in consumer packages or dispenser inserts in the marketing area by
					 direct distribution or is moved either in packaged form or bulk to other plants
					 in the marketing area.
(c) Partial
					 pool plant means a plant which is so designated pursuant to section
					 20.29  of this
					 Part.
(d) Other order plant means a
					 plant which is fully subject to the pricing and payment provisions of another
					 order.
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 20.9 - Unit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pool unit means
					 a bulk tank unit established pursuant to section
					 20.25  of this
					 Part and which meets the requirements of a pool unit pursuant to such
					 section.
(b) Partial pool unit
					 means a bulk tank unit so designated pursuant to section
					 20.25(k) 
					 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 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › General Provisions and Definitions › Section 20.10 - Farm

Current through Register Vol. 46, No. 28, July 10, 2024
Farm means the production facilities and resources
						supplying milk to a milk house of a dairy farmer. The location of the farm
						shall be deemed to be the same as the location of the milk house, and in the
						event of a change in the location of the dairy farmer's milk house, any
						question as to whether milk received from the new milk house is from the same
						or a different farm shall be determined by the market
						administrator.
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 20.11 - Own farm milk

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Own farm milk means milk received at a plant from a farm operated by the person
					 who is the operator of such plant.
(b) The market administrator shall publicly
					 announce the name of any handler operating a pool plant receiving own farm milk
					 and the location of the plant operated by such handler. This public
					 announcement shall not include the name of:
(1) any person meeting the definition of
					 producer-handler as set forth in section
					 20.12  of this
					 Part;
(2) any person receiving no
					 milk from other dairy farmers and selling no more than 100 quarts per day of
					 Class I-A milk to persons in the marketing area other than to other plants;
					 or
(3) a charitable, religious,
					 educational, or governmental institution which is not engaged in the practice
					 of receiving bulk milk from other sources for processing or packaging and is
					 not engaged in the practice of selling packaged milk to persons not associated
					 with such institution.
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 20.13 - Other order

Current through Register Vol. 46, No. 28, July 10, 2024
Other order means an order issued by the secretary
						pursuant to the Act, which order regulates the handling of milk in a marketing
						area other than that defined in 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 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › General Provisions and Definitions › Section 20.15 - Fluid milk product

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as provided in subdivision (b) of this section fluid milk product means
					 any milk products in fluid or frozen form containing less than 9 percent
					 butterfat, that are in bulk or are packaged, distributed and intended to be
					 used as beverages. Such products include, but are not limited to: Milk, skim
					 milk, lowfat milk, milk drinks, buttermilk and filled milk, including any such
					 beverage products that are flavored, cultured, modified with added nonfat milk
					 solids, sterilized, concentrated (to not more than 50 percent total milk
					 solids), or reconstituted.
(b) The
					 term fluid milk product shall not include:
(1) Plain or sweetened evaporated milk, plain
					 or sweetened evaporated skim milk, sweetened condensed milk or skim milk,
					 formulas especially prepared for infant feeding or dietary use that are
					 packaged in hermetically sealed containers, any product that contains by weight
					 less than 6.5 percent nonfat milk solids, and whey; and
(2) The quantity of skim milk in any modified
					 product specified in subdivision (a) of this section that is in excess of the
					 quantity of skim milk in an equal volume of an unmodified product of the same
					 nature and butterfat content.
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 20.16 - Other source milk

Current through Register Vol. 46, No. 28, July 10, 2024
Other source milk means all skim milk and butterfat
						contained in or represented by:
(a)
					 receipts in the form of fluid milk products from any source other than receipts
					 of pool milk from dairy farmers, receipts from other pool plants and pool
					 units, and receipts of pool milk from partial pool plants and partial pool
					 units;
(b) receipts in a form other
					 than as a fluid milk product (including those produced at the plant during a
					 prior month) which are reprocessed, converted into, or combined with another
					 product during the month; and
(c)
					 receipts in a form other than a fluid milk product for which the handler fails
					 to establish a disposition.
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 20.17 - Filled milk

Current through Register Vol. 46, No. 28, July 10, 2024
Filled milk means any combination of nonmilk fat (or oil)
						with skim milk (whether fresh, cultured, reconstituted or modified by the
						addition of nonfat milk solids), with or without milkfat, so that the product
						(including stabilizers, emulsifiers or flavoring) resembles milk or any other
						fluid milk product; and contains less than 6 percent nonmilk fat (or
						oil).
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 20.18 - Fluid cream product

Current through Register Vol. 46, No. 28, July 10, 2024
Fluid cream product means cream (other than plastic cream
						or frozen cream), including sterilized cream, or a mixture of cream and milk or
						skim milk containing 9 percent or more butterfat, with or without the addition
						of other ingredients.
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 20.19 - 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, shall be used in calculating the basic Class II formula price pursuant
						to section
						20.51(b) 
						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 in 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; and
(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 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › Market Administrator › Section 20.20 - Commercial food processing establishment

Current through Register Vol. 46, No. 28, July 10, 2024
Commercial food processing establishment means any
						facility other than a milk or filled milk plant, to which bulk fluid milk
						products and bulk fluid cream products are disposed of that uses such receipts
						as ingredients in food products and has no disposition of fluid milk products
						or fluid cream products other than those received in consumer-type
						packages.
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) › Market Administrator › Section 20.22 - Additional duties of the market administrator

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the duties specified in section
						19.3(c) 
						of this Title, the market administrator shall perform the following
						duties:
(a) maintain a main office and
					 such branch offices as may be necessary;
(b) promptly notify a handler, upon receipt
					 of the handler's written request therefor, of the market administrator's
					 determination: as to whether one or more plants exist at a specified location,
					 as to whether any specified item constitutes a part of the handler's plant, or
					 as to which plant a specified item is a part in the event that the particular
					 premises in question constitutes more than one plant: provided, that if the
					 request of the handler is for revision or affirmation of a previous
					 determination, there is set forth in the request a statement of what the
					 handler believes to be the changed conditions which make a new determination
					 necessary. If a handler has been notified in writing of a determination with
					 respect to an establishment operated by him, any revision of such determination
					 shall not be effective prior to the date on which such handler is notified of
					 the revised determination;
(c)
					 place the sums deducted under section
					 20.61(d) 
					 of this Part and retained pursuant to section
					 20.70  in
					 an interest-bearing account or accounts in a bank or banks duly approved as a
					 Federal depository for such sums or invest them in short-term United States
					 Government securities;
(d) for the
					 purpose of allocating receipts from other Federal order plants under section
					 20.45(a)(14) 
					 of this Part and the corresponding step of section
					 20.45(b) 
					 of this Part, publicly announce the market administrator's estimate of the
					 utilization (to the nearest whole percentage) in each class during the month,
					 of skim milk and butterfat, respectively, in pool milk of all handlers. Such
					 estimate shall be final for such purpose;
(e) report to the market administrator of the
					 other order, as soon as possible after the report of receipts and utilization
					 for the month is received from a handler who has received fluid milk products
					 or bulk fluid cream products from another order plant, the class to which such
					 receipts are allocated pursuant to sections
					 20.40(c)
					 and
					 20.45 
					 of this Part on the basis of such report (including any reclassification of
					 inventories of bulk concentrated fluid milk products), and thereafter any
					 change in such allocation required to correct errors disclosed in the
					 verification of such report.
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 20.24 - Regular pool plants

Current through Register Vol. 46, No. 28, July 10, 2024
A plant may be designated a regular pool plant pursuant
						to either subdivision (a) or (b) of this section. Designation shall be
						applicable to the plant as such and subject to cancellation only pursuant to
						section
						20.27 
						of this Part, regardless of change in the person owning or operating the plant.
						The market administrator shall be notified by the handlers involved of any
						transfer from one person to another of ownership or operation of a pool
						plant.
(a) Any plant shall be
					 designated a pool plant upon determination by the commissioner that the
					 provisions of paragraphs (1) through (4) of this subdivision have been met. Not
					 later than the end of the month following the month in which an application is
					 received by the commissioner pursuant to paragraph (1) of this subdivision, the
					 commissioner shall either determine that the provisions of paragraphs (1)
					 through (4) of this subdivision either have been met or have not been met, or
					 notify the applicant that additional information is needed prior to making a
					 determination. Such designation shall be effective the first of the month
					 following the date of designation and shall continue until such designation is
					 canceled pursuant to section
					 20.27 
					 of this Part; provided, that notwithstanding the provisions of paragraphs (1)
					 through (4) of this subdivision, any plant which for the month immediately
					 preceding the effective date of this section, had a designation pursuant to
					 section 20.24  as then in effect, is hereby designated a regular pool plant from
					 the effective date of this section until such designation is canceled pursuant
					 to section
					 20.27.
(1) An application by the operator of the
					 plant for such determination has been addressed to the commissioner and filed
					 at the office of the market administrator: provided, that if 50 percent or more
					 of the dairy farmers delivering milk at such plant deliver such milk for the
					 account of a cooperative association which does not operate the plant but for
					 which milk such association receives payment, an application must be filed by
					 such cooperative association as well as the person operating the
					 plant.
(2) The plant is located in
					 New York, New Jersey, or Pennsylvania.
(3) The plant was a pool plant pursuant to
					 section
					 20.28(a) or
					 (b)  of this Part for each of the 12 months
					 immediately preceding the month during which an application is filed.
(4) The operating requirements of section
					 20.26  of
					 this Part are being met.
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 20.26 - Operating requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The person operating a pool plant designated pursuant to
						20.24 or a declared pool unit consisting of farms in the area specified in
						section
						20.25(e) 
						of this Part shall stipulate to each of the following requirements:
(a) Be willing to dispose of as Class I-A
					 milk in the marketing area milk received at the plant or on the unit from dairy
					 farmers and agree that if a plant designation is canceled for failure to meet
					 this requirement, the Class I-A and Class I-B milk of such plant through the
					 partial pool plant provision and partial pool unit provisions shall be priced
					 and equalized from the effective date of cancellation through the following
					 June 30.
(b) Keep such control over
					 the sanitary conditions under which milk received at the plant or on the unit
					 is produced and handled that the milk can meet the requirements of a source of
					 milk for the marketing area; provided, that approval by a health authority of
					 the plant as a source of milk for the marketing area shall constitute
					 sufficient evidence that this requirement is being met even though such
					 approval is restricted to prohibit shipment to the marketing area of milk for
					 specified periods during which permission is given by such health authority for
					 receiving unapproved milk or skim milk at the plant or for shipment of approved
					 skim milk from such plant; and
(c)
					 Have no commitments for disposition of milk that prevent him from utilizing
					 milk as set forth in section
					 20.27(g) 
					 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 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › Pool Plants and Bulk Tank Units › Section 20.29 - Partial pool plants

Current through Register Vol. 46, No. 28, July 10, 2024
The following plants not designated pool plants pursuant
						to sections
						20.24 and
						20.28  of
						this Part, which plants distribute fluid milk products in the marketing area or
						transfer fluid milk products to a pool plant shall be designated partial pool
						plants:
(a) Plants set forth in
					 section
					 20.28(f) 
					 of this Part.
(b) Plants other than
					 those set forth in subdivision (a) of this section which have some skim milk or
					 butterfat in milk received from dairy farmers or nonpool units classified in
					 Class I-A on some basis other than failure to account for such milk, except a
					 plant which would otherwise qualify as a pool plant pursuant to section
					 20.28(d) 
					 of this Part but which has less than a daily average of 800 pounds of skim milk
					 or butterfat in milk received from dairy farmers or units classified in Class
					 I-A in the marketing area on some basis other than failure to account for such
					 milk.
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) › Reports › Section 20.30 - Reports of receipts and utilization

Current through Register Vol. 46, No. 28, July 10, 2024
Each handler, except a handler receiving own farm milk
						and not required to be listed pursuant either to section
						20.11 or
						20.12  of this
						Part, shall report each month to the market administrator for the preceding
						month in the manner and on the forms prescribed by the market administrator
						with respect to each pool plant, partial pool plant, pool unit or partial pool
						unit operated by such person, the information set forth in subdivisions (a)
						through (d) of this section. Such report, shall be physically received at the
						office of the market administrator no later than the close of business on the
						10th day of the month. Other information required to be reported no later than
						the 10th day of the month pursuant to sections
						20.25 and
						20.31  of
						this Part must also be physically received by the market administrator no later
						than the 10th day of the month.
(a)
					 The quantity of skim milk and butterfat contained in:
(1) receipts of milk from
					 producers;
(2) receipts of fluid
					 milk products from other pool plants or partial pool plants and from pool units
					 or partial pool units; and
(3)
					 receipts of other source milk.
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) › Reports › Section 20.31 - Producer payroll reports

Current through Register Vol. 46, No. 28, July 10, 2024
Each handler shall report with respect to producers as
						set forth in subdivisions (a) and (b) of this section:
(a) on or before the 10th day after the end
					 of each month, the information required by the market administrator with
					 respect to producer additions, producer withdrawals, and changes in names of
					 farm operators;
(b) on or before
					 the last day of each month such handler's producer payroll for the preceding
					 month, which shall show for each producer:
(1) the total pounds of milk from such
					 producer;
(2) the average butterfat
					 content of such milk: provided, that if not butterfat tests are made on any of
					 the milk received from producers, and if such milk is received by the handler
					 from no more than 10 producers, 3.5 percent shall be reported as the average
					 butterfat test of milk received from producers;
(3) the amount of payment due each
					 producer;
(4) the nature and amount
					 of any deductions and charges made by the handler;
(5) the net amount of payment to such
					 producer; and
(6) Such other
					 information with respect thereto as the market administrator shall
					 require.
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) › Reports › Section 20.32 - Other reports

Current through Register Vol. 46, No. 28, July 10, 2024
At such time as the market administrator may request,
						each handler shall report to the market administrator in the manner and on
						forms prescribed by the market administrator:
(a) The quantities of skim milk and butterfat
					 in milk and each milk product received at his nonpool plants, from dairy
					 farmers, from other plants or nonpool units, from such handler's own farm, from
					 other handlers, and from other sources.
(b) The quantities of skim milk and butterfat
					 in milk and each milk product moved out of, or on hand at, his nonpool plants
					 and the destination of such skim milk and butterfat.
(c) Information concerning land, buildings,
					 surroundings, facilities and equipment at any of his plants.
(d) The current receipts and utilization of
					 skim milk and butterfat at each of his pool plants and pool units.
(e) Such other information as may be
					 necessary for the administration of the provisions 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 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › Classification › Section 20.40 - General classification rules

Current through Register Vol. 46, No. 28, July 10, 2024
All skim milk and butterfat required to be reported by
						each handler pursuant to sections
						20.30
						and
						20.32  of this Part
						shall be classified each month pursuant to the provisions of sections
						20.41
						through
						20.46  of
						this Part, subject to the following conditions:
(a) each month the market administrator shall
					 correct for mathematical and other obvious errors all reports filed pursuant to
					 section
					 20.30 
					 of this Part, including the pounds of skim milk and butterfat, respectively, in
					 each class in accordance with sections 20.40 through
					 20.44  of this
					 Part;
(b) 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 handler, the pounds of skim milk used
					 or disposed of in such product shall be considered to be an amount equivalent
					 to the nonfat milk solids contained in wuch products plus all the water
					 originally associated with such solids;
(c) skim milk and butterfat contained in
					 receipts of bulk concentrated fluids 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 handler) prior to any assignments under section
					 20.45 
					 of this Part. Any remaining skim milk and butterfat in concentrated receipts
					 shall be assigned to uses under section
					 20.45 
					 of this Part, on a pro rata basis, unless a specific use of such receipts is
					 established by the handler; and
(d)
					 Class III-A milk shall be allocated in combination with Class III milk and the
					 quantity of producer milk eligible to be priced in Class III-A shall be
					 determined by prorating receipts from pool sources to Class III-A use on the
					 basis of the quantity of total receipts of bulk fluid milk products allocated
					 to Class III milk at the plant or unit.
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 20.41 - Classes of utilization

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to the conditions set forth in sections
						20.42 through
						20.46  of
						this Part, the classes of utilization shall be as follows:
(a) Class I-A milk. Class I-A milk shall be
					 all skim milk and butterfat:
(1) disposed of
					 as a fluid milk product except as otherwise provided in subdivisions (c) and
					 (d) of this section:
(i) inside the marketing
					 area;
(ii) as route disposition in
					 another order marketing area;
(iii)
					 to another order plant and assigned under such other order to Class
					 I;
(iv) in packaged form to another
					 order plant if such product is not defined as a fluid milk product under such
					 other order; and
(v) to a partially
					 regulated plant under another order and there applied as an offset to Class I
					 sales in any other order market;
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 20.42 - Shrinkage

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of classifying all skim milk and butterfat
						to be reported by a handler pursuant to section
						20.30 
						of this Part, the market administrator shall determine the following:
(a) the pro rata assignment of shrinkage of
					 skim milk and butterfat, respectively, at each pool plant to the respective
					 quantities of skim milk and butterfat:
(1) in
					 the receipts specified in paragraphs (b)(1) through (5) of this section on
					 which shrinkage is allowed pursuant to such subdivision; and
(2) in other source milk not specified in
					 paragraphs (b)(1) through (5) of this section, which was received in the form
					 of a bulk fluid milk product or a bulk fluid cream product;