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 26 - Notice Of Discontinuance To Producers › Section 26.3 - Retention of notice and return receipt

Current through Register Vol. 46, No. 28, July 10, 2024
The milk dealer shall keep the signed, returned receipt and
					 a copy of the written notice as evidence of the commencement of the 30-day
					 notice period and retain the signed receipt and copy of the said notice for one
					 year from the date appearing on the said receipt.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 29 - Bulk Tank Milk Collectors And Haulers-official Order No. 136 › Section 29.1 - Licensing requirements

Current through Register Vol. 46, No. 28, July 10, 2024
No tank truck collecting and transporting milk from bulk
					 tank installations on dairy farms shall be operated unless the owner or
					 operator thereof is licensed pursuant to section 257  of the Agriculture and Markets
					 Law.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 29 - Bulk Tank Milk Collectors And Haulers-official Order No. 136 › Section 29.2 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
The operator of each such bulk tank hauling facility or
					 route shall keep a detailed record of the quantity of milk received from each
					 source and the quantity delivered to each destination. Such records shall be
					 kept at a designated location for a period of at least three years, and shall
					 be made available for examination or audit by any duly authorized
					 representative of the commissioner. Such records shall include the full name
					 and address of each producer from whom milk was received, his cooperative
					 affiliation, if any, and such other records as the commissioner may deem
					 necessary. The disposal of all samples to be tested for butterfat content shall
					 also be thus recorded.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 29 - Bulk Tank Milk Collectors And Haulers-official Order No. 136 › Section 29.3 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
The operator of each bulk tank hauling facility or route
					 shall file with the commissioner such reports as may be required from time to
					 time.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 30 - Identification Of Trucks And Vehicles Used For The Delivery Of Milk At Retail And Wholesale-official Order No. 137 › Section 30.1 - Identification of trucks

Current through Register Vol. 46, No. 28, July 10, 2024
No milk dealer shall operate a truck or other vehicle from
					 which milk is delivered at retail or at wholesale in the State of New York,
					 unless the name of such milk dealer appears conspicuously on the outside of
					 such truck or vehicle in a place where it can be easily read.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 34 - Grades For Cheddar Cheese, Washed Curd Cheese And Colby Cheese › Section 34.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part, the following terms shall
					 have the following meanings:
(a)
				  Commissioner means the Commissioner of Agriculture and Markets of the State of
				  New York.
(b) Cheddar cheese,
				  washed curd cheese and colby cheese mean those varieties of cheese as defined
				  pursuant to sections 17.30, 17.33 and 17.35 of this Title.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 34 - Grades For Cheddar Cheese, Washed Curd Cheese And Colby Cheese › Section 34.2 - Grades of new york cheese

Current through Register Vol. 46, No. 28, July 10, 2024
Two grades of cheddar cheese, washed curd cheese and colby
					 cheese manufactured in New York State are hereby established: namely "New York
					 State Brand" and "New York Standard."
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 34 - Grades For Cheddar Cheese, Washed Curd Cheese And Colby Cheese › Section 34.3 - Basis for determining grades

Current through Register Vol. 46, No. 28, July 10, 2024
A determination of the grade of cheddar, washed curd or
					 colby cheese shall be, according to the degree of curing, on the basis of
					 rating (a) flavor, (b) body and texture, (c) color, (d) finish and appearance.
					 The rating of each quality factor shall be established on the basis of
					 characteristics present in cheese from any vat. The final grade shall be
					 established on the basis of the lowest rating of any one of the quality
					 characteristics.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 34 - Grades For Cheddar Cheese, Washed Curd Cheese And Colby Cheese › Section 34.5 - Use of grade designation on cheese

Current through Register Vol. 46, No. 28, July 10, 2024
The grade designation terms as set forth in these
					 specifications shall be used on cheese only in accordance with the rules and
					 regulations governing their use as set forth in Part 8 of this
					 Title.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 34 - Grades For Cheddar Cheese, Washed Curd Cheese And Colby Cheese › Section 34.6 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  With respect to packaging:
(1) Paraffin.
				  Refined paraffin, amorphous wax, microscrystalline wax or any combination of
				  such or any other suitable substance.
(2) Rindless. Cheese which has not formed a
				  rind due to the impervious type of wrapper, covering or container, enclosing
				  the cheese, or by any other means of handling.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 35 - Standardization Of Milk And Labeling Of Standardized Milk › Section 35.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part the following terms shall have
					 the following meanings:
(a)
				  Commissioner means the Commissioner of Agriculture and Markets of the State of
				  New York.
(b) Person means any
				  individual, partnership, corporation or cooperative association.
(c) Standardization means the process by
				  which the butterfat and total solids of content of milk is adjusted as herein
				  set forth in section
				  35.2.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 35 - Standardization Of Milk And Labeling Of Standardized Milk › Section 35.2 - Standardization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Milk to be
				  standardized. Milk packaged for sale as milk, homogenized milk, vitamin D milk,
				  vitamin-mineral fortified milk and flavored milk may be standardized. Milk
				  packaged for sale shall be deemed to mean pasteurized milk in all types and
				  sizes of containers up to and including 40-quart cans.
(b) Products used in standardization.
				  Standardization may be accomplished by the removal of cream or skimmed milk or
				  by the addition of cream or skimmed milk.
(c) Quality or products. Cream or skimmed
				  milk used for standardization shall be fresh and shall be from fresh milk. If
				  the cream and/or skimmed milk used for standardizing is obtained from a plant
				  or plants other than that at which the standardization is performed, such cream
				  and/or skimmed milk shall be obtained from a plant or plants having the same
				  health approval as is applicable in the area in which the standardized milk is
				  to be sold.
(d) Standardization
				  before pasteurization. Milk shall be pasteurized after
				  standardization.
(e)
				  Standardization at plant where processed. Standardization shall be accomplished
				  only at plants where both the processing and packaging is performed, and which
				  plants are operated by duly licensed milk dealers and for which plants, written
				  approval has been given by the commissioner pursuant to section
				  35.3(a) 
				  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 35 - Standardization Of Milk And Labeling Of Standardized Milk › Section 35.3 - Permission to standardize

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Written permission required. Standardization shall take place only at plants
				  which have been approved in writing by the commissioner.
(b) Application. Application for permission
				  to standardize milk shall be made on a form prescribed by the
				  commissioner.
(c) Revocation of
				  permission. Permission granted by the commissioner to standardize milk pursuant
				  to subdivision (a) of this section may be withdrawn by the commissioner after
				  hearing, when there has been a violation of this Part or when there has been a
				  violation of any of the provisions of chapter 876 of the Laws of
				  1966.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 35 - Standardization Of Milk And Labeling Of Standardized Milk › Section 35.4 - Labeling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Name and
				  address. In addition to the name and address of the manufacturer, packer or
				  distributor as required pursuant to the provisions of section 201  of the Agriculture and Markets Law, each
				  package of milk whether or not it is standardized, shall bear the name and
				  address or a number assigned by the commissioner, identifying the plant where
				  the milk was processed and packaged.
(b) Milk fat content. Packages of milk may be
				  labeled to show its milk fat content.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 35 - Standardization Of Milk And Labeling Of Standardized Milk › Section 35.5 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
Each milk dealer who standardizes milk shall keep such
					 records pertaining thereto as are required pursuant to 1 NYCRR Parts 20, 21 and
					 25.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 37 - Serving Of Dairy Products Or Melloream In Public Eating Places › Section 37.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless the context otherwise
					 requires, the following terms shall have the following meanings:
(a) Commissioner means the Commissioner of
				  Agriculture and Markets of the State of New York.
(b) Melloream means "melloream" or "a
				  vegetable oil blend" as those terms are defined in section 50-f  of the Agriculture and Markets Law. It
				  shall be deemed to include products which are received at public eating places
				  in concentrated or dry form and are reconstituted for use at such places.
				  Wherever the term melloream is used in this Part, it shall be deemed to mean
				  melloream, vegetable oil blends, or such reconstituted products.
(c) Dairy products means cream, half and
				  half, milk or any combination or mixture of such products with milk and/or
				  skimmed milk. It shall be deemed to include dairy products which are received
				  at public eating places in concentrated or dry form and are reconstituted for
				  use at such places.
(d) Public
				  eating place means any restaurant, hotel, boarding house, lunch counter, place
				  of public entertainment, or other place where food is sold for consumption on
				  the premises. It shall be deemed to include camps, dude ranches and other
				  similar establishments operated for profit, even though restricted to a certain
				  age or other distinctive group, but shall not be deemed to include religious,
				  charitable or private camps.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 37 - Serving Of Dairy Products Or Melloream In Public Eating Places › Section 37.3 - Sales of dairy products and melloream in stores

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever milk or other liquid dairy products and melloream
					 are displayed and offered for sale in the same refrigerator or refrigerated
					 case, the milk and/or other liquid dairy products shall be separated from the
					 melloream by some other product which is neither a liquid dairy product nor
					 melloream.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 37 - Serving Of Dairy Products Or Melloream In Public Eating Places › Section 37.4 - Sales through vending machines

Current through Register Vol. 46, No. 28, July 10, 2024
When dairy products or melloream are sold through vending
					 machines, such vending machines, including any labeling on the selector
					 devices, shall clearly and correctly indicate the products
					 vended.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Definitions › Section 40.1 - Act

Current through Register Vol. 46, No. 28, July 10, 2024
Act means chapter 1008 of the Laws of the State of New
						York for 1969, as amended, also known as the Dairy Promotion Act, article 21-A
						of the Agriculture and Markets Law.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Definitions › Section 40.2 - 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 40 - New York Dairy Promotion Order › Definitions › Section 40.3 - Division

Current through Register Vol. 46, No. 28, July 10, 2024
Division means the Division of Dairy Industry Services of
						the Department 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 40 - New York Dairy Promotion Order › Definitions › Section 40.4 - Dairy products

Current through Register Vol. 46, No. 28, July 10, 2024
Dairy products mean milk and products derived therefrom
						and products of which milk or a portion thereof is a significant
						part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Definitions › Section 40.5 - Person

Current through Register Vol. 46, No. 28, July 10, 2024
Person means any individual, partnership, corporation,
						cooperative association, unincorporated cooperative association or other
						business unit.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Definitions › Section 40.6 - Producer

Current through Register Vol. 46, No. 28, July 10, 2024
Producer means any person in the State of New York who is
						engaged in the production of milk in a quantity which exceeds family and
						on-farm use or who causes milk to be produced for any market in this or any
						other state.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Definitions › Section 40.7 - Dairy promotion order

Current through Register Vol. 46, No. 28, July 10, 2024
Dairy promotion order means the provisions of this Part
						issued by the commissioner pursuant to the act.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Definitions › Section 40.8 - Advisory board

Current through Register Vol. 46, No. 28, July 10, 2024
Advisory board means those producers who are appointed by
						the commissioner pursuant to section
						40.15  of this Part
						to advise and assist him in administering 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 40 - New York Dairy Promotion Order › Definitions › Section 40.9 - Milk dealer

Current through Register Vol. 46, No. 28, July 10, 2024
Milk dealer means any person who purchases or handles or
						receives or sells milk.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Definitions › Section 40.10 - Cooperative

Current through Register Vol. 46, No. 28, July 10, 2024
Cooperative means an association or federation or
						cooperative of milk producers organized under the laws of New York State, or
						any other state, having agreements with their producer members to market,
						bargain for or sell the milk of such producers, and is actually performing one
						or more of these services in the marketing of milk produced by their members,
						through the cooperative or through a federation of milk cooperatives in which
						the cooperative has membership.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Area and Persons Affected › Section 40.11 - Area

Current through Register Vol. 46, No. 28, July 10, 2024
The area to which this Part shall apply is 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 40 - New York Dairy Promotion Order › Area and Persons Affected › Section 40.12 - Persons

Current through Register Vol. 46, No. 28, July 10, 2024
Persons subject to or affected by this Part shall
						be:
(a) all producers as defined in
					 this Part; and
(b) all milk dealers
					 as defined in this Part who receive milk from producers.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Advisory Board › Section 40.13 - Advisory board

Current through Register Vol. 46, No. 28, July 10, 2024
An advisory board consisting of 10 members shall be
						appointed by the commissioner to advise and assist in the administration of
						this Part. Each member of the advisory board shall be an individual producer,
						including any individual who is active in a partnership, corporation,
						association or other business unit which is a producer as 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 40 - New York Dairy Promotion Order › Advisory Board › Section 40.14 - Nominations

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall accept nominations of individual
						producers for the advisory board which have been submitted in accordance with
						the following procedure:
(a) The
					 commissioner shall notify in writing each farm organization whose membership is
					 known to include producers as defined in this Part and shall provide such other
					 reasonable notification as he deems appropriate with respect to the date or
					 dates on which he will accept nominations for the advisory board and the final
					 date for submitting any such nomination. The notification by the commissioner
					 shall include a statement setting forth the procedure for submitting a
					 nomination.
(b) Any individual
					 producer marketing milk in the State of New York may submit to the commissioner
					 in writing within the time limitation fixed by him one or more nominations of
					 individual producers for membership on the advisory board.
(c) Any organization listed in section
					 40.15  of this Part
					 (or any successor thereto) may submit to the commissioner a resolution of its
					 board of directors or other governing body endorsing the nomination of not less
					 than two of its members received pursuant to subdivision (b) of this section
					 and thereby designate to the commissioner any such producer thus endorsed as a
					 recommended representative of its organization on the advisory board.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Advisory Board › Section 40.15 - Appointments

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall appoint the members of the
						advisory board and determine their acceptance in accordance with the following
						procedure:
(a) For each of the
					 organizations or joint organizations listed in this subdivision (or any
					 successor thereto), one of the nominees endorsed by such organization or joint
					 organization pursuant to section
					 40.14(c) 
					 of this Part shall be appointed to the advisory board. In the event less than
					 two nominees are endorsed by an organization, the commissioner at his
					 discretion shall appoint to the advisory board an individual producer who has
					 been nominated pursuant to section
					 40.14(b) 
					 of this Part with or without endorsement by such organization.
(1) Dairylea Cooperative, Inc.
(2) Eastern Milk Producers Cooperative
					 Association, Inc.
(3) Northeast
					 Dairy Cooperative Federation, Inc.
(4) Allied Federated Cooperatives,
					 Inc.
(5) Niagara Frontier
					 Cooperative Milk Producers Bargaining Agency, Inc.
(6) Rochester Cooperative Milk Producers
					 Bargaining Agency, Inc.
(7) New
					 York Farm Bureau, Inc.
(8) New York
					 State Grange, Inc.
(9) Agri-Mark,
					 Inc.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Advisory Board › Section 40.16 - Term of office

Current through Register Vol. 46, No. 28, July 10, 2024
The term of office for each member of the advisory board
						shall be three years and successor members shall be appointed by the
						commissioner in accordance with the provisions of sections
						40.14 and
						40.15  of this Part
						to coincide with the three-year term.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Advisory Board › Section 40.17 - Disqualification

Current through Register Vol. 46, No. 28, July 10, 2024
A member of the advisory board shall be disqualified for
						any of the following reasons:
(a) He
					 ceases to be a producer as defined in this Part; and
(b) By executive disqualification by the
					 commissioner on recommendation of a majority vote of the advisory board when
					 the member's conduct is deemed prejudicial to the public interest and the dairy
					 promotion order: provided, that a disqualified member shall have the right to
					 appeal and to have a hearing before the full advisory board and the
					 commissioner by filing a written request with the commissioner of his intent to
					 appeal within 10 days after receiving notice of disqualification.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Advisory Board › Section 40.18 - Vacancies

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of a vacancy on the advisory board created
						by an appointee's failure to qualify for or accept membership, or which is
						caused by the death, resignation or disqualification of a member, the
						commissioner shall appoint an individual producer to serve for the duration of
						the unexpired term. In making such appointment, the commissioner shall maintain
						representation on the advisory board in accordance with that prescribed in
						section
						40.15  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 40 - New York Dairy Promotion Order › Advisory Board › Section 40.19 - Duties and responsibilities of the advisory board

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the duty and responsibility of the advisory
						board to advise and assist the commissioner in all matters pertaining to the
						administration of this Part, subject only to such limitation as may be
						prescribed in section 258-t of the Agriculture and Markets Law. The advisory
						board shall:
(a) recommend to the
					 commissioner administrative rules and regulations relating to this
					 Part;
(b) recommend to the
					 commissioner such amendments to this Part as seem advisable;
(c) prepare and submit to the commissioner at
					 least 30 days in advance of each fiscal year an estimated budget required for
					 the proper operation of this Part during such year;
(d) recommend to the commissioner methods of
					 assessing producers and methods of collecting the necessary funds;
(e) assist the commissioner in the collection
					 and assembly of information and data necessary for the proper administration of
					 this Part; and
(f) perform such
					 other duties in connection with this Part as the commissioner shall
					 designate.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Advisory Board › Section 40.20 - Quorum and vote majority

Current through Register Vol. 46, No. 28, July 10, 2024
A simple majority of the advisory board members shall be
						necessary to constitute a quorum. A simple voting majority present shall be
						required to pass any motion or approve any advisory board action. At assembled
						meetings all votes shall be cast in person.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Advisory Board › Section 40.21 - Compensation and expenses

Current through Register Vol. 46, No. 28, July 10, 2024
The members of the advisory board shall not receive
						salaries, but each member shall be reimbursed for his actual and reasonable
						expenses while attending a meeting or committee meeting of the advisory board
						or in performing a duty necessary to the functions and activities of the
						advisory board as determined by the commissioner. The monies required for
						payment to members of the advisory board as authorized pursuant to this section
						shall be paid by the commissioner, as trustee, from the funds obtained through
						assessments against producers pursuant to the terms 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 40 - New York Dairy Promotion Order › Budget and Assessments › Section 40.22 - Preparation of budget

Current through Register Vol. 46, No. 28, July 10, 2024
At least 15 days in advance of each fiscal year, the
						commissioner shall announce a budget necessary for its administration and
						enforcement and for carrying on duly authorized programs and activities
						including advertising, promotion, education and publicity, marketing and
						product research, and informational services for encouraging the consumption of
						dairy products and protecting the health and welfare of consumers, as provided
						by the act; provided, that the commissioner may modify or revise the budget for
						any portion of the fiscal year if the maximum rate of assessment authorized
						under section
						40.23  of this Part is
						amended, in which case he shall announce such revision in budget at least 15
						days in advance of the date on which it is to become effective. The total
						amount of budgeted administrative costs for each fiscal year shall not exceed
						five percent of the total budget.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Budget and Assessments › Section 40.23 - Assessment

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall announce a rate of assessment for
						each fiscal year to provide adequate funds to defray expenditures in the
						budget, and there shall be credited against any such assessment the amount per
						hundredweight otherwise paid by any producer subject to this Part, by voluntary
						contribution or otherwise, pursuant to the Niagara Frontier and Rochester milk
						marketing orders and any other State or Federal milk marketing order for any
						similar research, promotion or advertising program. The rate of assessment
						shall apply to all milk delivered by producers to milk dealers for sale
						(including the milk of a milk dealer's own production handled for sale) and
						shall not exceed a rate per hundredweight which corresponds with the simple
						average uniform price for the New York - New Jersey Milk Marketing Order (1
						NYCRR, Part 20) at the 201-210 milk zone for 3.5 percent butterfat milk for the
						preceding calendar year, rounded to the nearest whole cent, as set forth in the
						following schedule:
Simple Average
									 Uniform Price for Preceding Calendar Year
Maximum Rate of
									 Assessment
Dollars Per
									 Hundredweight
(Range)
10.01-10.75
.065
10.76-11.50
.070
11.51-12.25
.075
12.26-13.00
.080
13.01-13.75
.085
13.76-14.50
.090
14.51-15.25
.095
15.26-16.00
.100
In the event the average uniform price for the New York -
						New Jersey order for the preceding calendar year does not fail within the
						ranges listed in the foregoing schedule, such schedule shall be extended by the
						same incremental amounts.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Budget and Assessments › Section 40.24 - Collection of assessment

Current through Register Vol. 46, No. 28, July 10, 2024
The rate of assessment fixed by the commissioner pursuant
						to section
						40.23  of this Part
						upon milk delivered by producers shall be collected as follows:
(a) Each milk dealer shall deduct from the
					 price otherwise to be paid to producers or collecting cooperatives (other than
					 producers who are credited with the full assessment pursuant to section
					 40.23  of this Part)
					 the rate of assessment announced by the commissioner for the fiscal year on all
					 milk received from producers.
(b)
					 Each milk dealer shall on or before the 25th day of the month pay to the
					 commissioner as trustee, the amount deducted from producers or collecting
					 cooperatives pursuant to subdivision (a) of this section on milk received
					 during the preceding month. Each milk dealer with respect to his own production
					 shall also pay to the commissioner as trustee, on or before the 25th day of the
					 month for milk handled for sale during the preceding month, an amount computed
					 at the rate of assessment announced by the commissioner.
(c) The amounts paid to the commissioner as
					 trustee pursuant to subdivision (b) of this section shall be deposited with a
					 bank or other depository in the State designated by him and the State
					 Comptroller and subject to withdrawal or disbursement by the commissioner in
					 accordance with the act and the terms and provisions of this Part. Such fund
					 shall be known as the dairy promotion fund.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Budget and Assessments › Section 40.25 - Prior assessments

Current through Register Vol. 46, No. 28, July 10, 2024
Any assessments paid to the commissioner by cooperative
						associations prior to the effective date of this Part to defray the expense of
						promulgating, administering and enforcing the order until such time as the
						assessment as provided pursuant to section
						40.23  of this Part is
						adequate for that purpose shall be reimbursed to such cooperative associations
						from the funds received and deposited by the commissioner in the dairy
						promotion fund pursuant to section
						40.24  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 40 - New York Dairy Promotion Order › Reports and Records of Milk Dealers › Section 40.26 - Monthly report to the division

Current through Register Vol. 46, No. 28, July 10, 2024
Not later than the 28th day of each month, except as the
						commissioner may otherwise provide, each milk dealer, including a milk dealer
						handling only milk of his own production, shall file with the division at
						Albany, on forms provided for that purpose, an accurate report covering the
						preceding month, for each plant or other facility operated by him, showing the
						quantities of milk received from producers and the monies deducted from the
						prices otherwise paid producers or collecting cooperatives as assessments
						required under this Part. Such reports shall be sworn to by the milk dealer or
						by a responsible officer or employee authorized to act in his
						behalf.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Reports and Records of Milk Dealers › Section 40.27 - Records to be maintained

Current through Register Vol. 46, No. 28, July 10, 2024
Each milk dealer shall maintain accurate records, books
						of accounts and other data readily available at his or its office or other
						principal places of business which shall verify the quantity of milk received
						from producers. Such records shall establish for each plant or other receiving
						point each month:
(a) the full name
					 and post office address of each producer from whom the milk dealer has received
					 milk;
(b) the quantity of milk
					 received from each such producer each day; and
(c) such other records as the commissioner
					 deems necessary for the administration 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 40 - New York Dairy Promotion Order › Reports and Records of Milk Dealers › Section 40.28 - Accurate record of quantities

Current through Register Vol. 46, No. 28, July 10, 2024
When the quantity of milk delivered to a milk dealer by
						or for the account of a producer is determined by weighing, or otherwise, an
						accurate record of each such determination showing the quantity of milk
						received for the account of each such producer shall be made at once. Each such
						original record containing information with respect to the quantity of milk
						received for the account of one or more producers, whether the records be for
						one day or more than one day, shall be dated and signed by the person making
						the determination, and shall be preserved by the milk dealer purchasing or
						receiving such milk regardless of the fact that such milk dealer may copy such
						records for the purpose of making a more permanent record for the milk dealer's
						own use.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Reports and Records of Milk Dealers › Section 40.29 - Availability of records and facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each milk dealer shall make available at his office at
						all reasonable hours to any employee designated by the commissioner all books,
						papers, records or documents relating to the purchase of milk from
						producers.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Reports and Records of Milk Dealers › Section 40.30 - Retention of records

Current through Register Vol. 46, No. 28, July 10, 2024
All records required pursuant to this Part to be made
						available to the commissioner shall be retained by the milk dealer for a period
						of three years to begin at the end of the month to which such records pertain.
						If, within the three-year period the commissioner notifies the milk dealer in
						writing that further retention of such records is necessary, the milk dealer
						shall retain the specified records until further written notification is
						received from 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 40 - New York Dairy Promotion Order › Promotion Programs and Disbursement of Funds › Section 40.31 - Advertising, promotion, education and publicity of dairy products

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner, with the advice and assistance of the
						advisory board, is hereby authorized to contract with any person or persons to
						carry on or cause to be carried on such advertising, promotion, education and
						publicity programs as he may believe will create new markets for the milk of
						producers as defined in this Part or maintain present markets therefor. For
						such purposes, he may expend such monies or any part thereof as may be
						available pursuant to this Part. No advertising, promotion or publicity
						programs shall be conducted pursuant to this Part which make reference to any
						particular brand or trade name.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Promotion Programs and Disbursement of Funds › Section 40.32 - Marketing and product research

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner, with the advice and assistance of the
						advisory board, is hereby authorized to contract with any person or persons to
						carry on or cause to be carried on milk marketing and/or dairy product research
						and to expend such monies as may be available pursuant to this Part for such
						purpose.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Promotion Programs and Disbursement of Funds › Section 40.33 - Information services

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner, with the advice and assistance of the
						advisory board, is hereby authorized to contract with any person or persons to
						provide for informational services designed to keep producers and others
						informed on milk marketing and dairy product research, promotion, advertising,
						education and publicity programs and any other dairy industry information
						deemed important, and to expend such monies as may be available and required
						pursuant to this Part to obtain and disseminate such
						information.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Promotion Programs and Disbursement of Funds › Section 40.34 - Disbursement of funds

Current through Register Vol. 46, No. 28, July 10, 2024
The monies deposited in the dairy promotion fund shall be
						disbursed by the commissioner with the advice and assistance of the advisory
						board for the necessary expenses incurred with respect to this Part. All such
						disbursements shall be made in the manner prescribed by the act and the
						provisions of this Part and shall be in accordance with any rules and
						regulations promulgated by the commissioner to effectuate the provisions and
						intent thereof. The expenses incurred with respect to this Part shall be
						audited by the State Comptroller at least annually and a copy of the audit
						report shall be made available to any producer for
						inspection.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Promotion Programs and Disbursement of Funds › Section 40.35 - Report of the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner, with the advice and assistance of the
						advisory board, shall prepare and publish a report each year for the benefit of
						producers which shall contain information on the promotion programs carried on
						during the preceding year, the expenditure of funds for each such program and
						such other information with respect to this Part as may be of benefit to
						producers.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Miscellaneous and General Provisions › Section 40.36 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part or any amendments thereto
						shall become effective at such time as the commissioner may declare and shall
						continue in force until suspended or terminated by him in accordance with the
						act. This Part shall continue in effect on and after May 1, 1984 if not amended
						or otherwise voted upon within a period of three years
						therefrom.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Miscellaneous and General Provisions › Section 40.37 - Amendment, suspension or termination

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may amend, suspend or terminate any or
						all provisions of this Part in accordance with the provisions of the act and
						any rules and regulations promulgated by him to effectuate the provisions and
						intent thereof.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Miscellaneous and General Provisions › Section 40.38 - Continuing power and duty

Current through Register Vol. 46, No. 28, July 10, 2024
If, upon amendment, suspension or termination of any or
						all provisions of this Part, there are any obligations arising hereunder the
						final accrual or ascertainment of which requires further acts by any milk
						dealer, or by the commissioner, or by any other person, the power and duty to
						perform such further acts shall continue notwithstanding such amendment,
						suspension or termination.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 40 - New York Dairy Promotion Order › Miscellaneous and General Provisions › Section 40.39 - Continuing obligation of milk dealers

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise provided by the commissioner in any
						notice of amendment, suspension or termination 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 Part;
(b) release or waive any violation of this
					 Part 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 40 - New York Dairy Promotion Order › Miscellaneous and General Provisions › Section 40.40 - Liquidation

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the termination of this Part, the commissioner shall
						dispose of all funds received hereunder in an equitable manner, together with
						claims to any such funds which are unpaid and owing at the time of termination
						and which are in accordance with the intent of the act and 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 40 - New York Dairy Promotion Order › Miscellaneous and General Provisions › Section 40.41 - Rate of assessment

Current through Register Vol. 46, No. 28, July 10, 2024
The rate of assessment to be paid pursuant to this Part
						is hereby established as follows: 7 1/2 cents per hundredweight for the period
						May 1, 1988, through April 30, 1989, on all milk received from producers,
						including each milk dealer's own production of milk handled for
						sale.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 41 - Requirements For The Transportation And Storage Of Pasteurized Milk › Section 41.1 - General application

Current through Register Vol. 46, No. 28, July 10, 2024
The terms and provisions of this Part shall apply to the
					 transportation and storage of pasteurized milk packaged for
					 resale.