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 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › Classification › Section 20.44 - Transfers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Transfers to
					 pool plants. Skim milk or butterfat transferred in the form of a fluid milk
					 product or a bulk fluid cream product from a pool plant or a pool unit to
					 another pool plant shall be classified as Class I-A milk unless the operators
					 of both plants request the same classification in another class. In either
					 case, the classification of such transfers shall be subject to the following
					 conditions:
(1) The skim milk or butterfat
					 classified in each class be limited to the amount of skim milk and butterfat,
					 respectively, remaining in such class at the transferee-plant after the
					 computations pursuant to section
					 20.45(a)(16) 
					 of this Part and the corresponding step of section
					 20.45(b) 
					 of this Part. The amount of skim milk or butterfat classified in each class
					 shall include the assigned utilization of skim milk or butterfat in transfers
					 of concentrated fluid milk products;
(2) If the transferor-plant received during
					 the month other source milk to be allocated pursuant to section
					 20.45(a)(7) 
					 of this Part or the corresponding step of section
					 20.45(b) 
					 of this Part, the skim milk or butterfat so transferred shall be classified so
					 as to allocate the least possible Class I utilization to such other source
					 milk; and
(3) If the
					 transferor-handler received during the month other source milk to be allocated
					 pursuant to section
					 20.45(a)(12)
					 or (14)  of this Part or the corresponding
					 steps of section
					 20.45(b) 
					 of this Part, the skim milk or butterfat so transferred, up to the total of the
					 skim milk and butterfat, respectively, in such receipts of other source milk,
					 shall not be classified as Class I milk to a greater extent than would be the
					 case if the other source milk had been received at the
					 transferee-plant.
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) › Minimum Prices › Section 20.50 - Class prices

Current through Register Vol. 46, No. 28, July 10, 2024
For pool milk received during each month from dairy
						farmers or cooperative associations of producers, each handler shall pay per
						hundredweight not less than the prices set forth in this section, subject to
						the differentials and adjustments in sections
						20.51 and
						20.81  of this Part. Any handler who
						purchases or receives milk during any month from a cooperative association of
						producers but does not operate the plant or the unit receiving this milk from
						producers shall pay the cooperative association on or before two days before
						the last day of the month if paid by check, or the last day of the month if
						paid in cash or cash equivalent, at not less than the lowest class price
						pursuant to this section for the preceding month for milk received from such
						cooperative during the first 15 days of the month, and shall pay the
						cooperative association on or before the 15th day of the following month the
						balance due for milk received during the month from such cooperative at not
						less than the class prices pursuant to this section subject to the
						differentials and adjustments set forth in sections
						20.52 and
						20.81  of this Part applicable at
						the plant at which the milk is first received from the cooperative association.
						Such payments to a cooperative association shall be deemed not to have been
						made until the payments have been received by the cooperative
						association.
(a)
Class I-A
					 price.
For Class I-A milk the Class I price in the 201-210 mile
						freight zone shall be the basic formula price for the second preceding month
						plus $2.42. The differential value in the 1-10 mile freight zone shall be
						$3.14.
(b)
Class I-B
					 price.
For Class I-B milk the price shall be the price for Class
						I-A milk.
(c)
Class II
					 price.
The Class II price shall be the basic formula price for
						the second preceding month plus $0.30.
(d)
Class III price.
Subject to the adjustment set forth below for the
						applicable month, the Class III price shall be the basic formula price for the
						month.
Month
Amount
January
+$.03
February
+ .02
March
-.05
April
- .09
May
- .12
June
- .11
July
+$.03
August
+ .10
September
+ .06
October
+ .06
November
+ .06
December
+ .06
(e)
Class III-A price.
The Class III-A price for the month shall be the average
						Central States nonfat dry milk price for the month, as reported by the
						department, less 12.5 cents, times an amount computed by subtracting from nine
						an amount calculated by dividing.4 by such nonfat dry milk price, plus the
						butterfat differential times 35 and rounded to the nearest cent, and subject to
						the adjustments set forth in subdivision (d) of this section for the applicable
						month.
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) › Minimum Prices › Section 20.50a - Renumbered

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) › Minimum Prices › Section 20.51 - Basic formula price

Current through Register Vol. 46, No. 28, July 10, 2024
The basic formula price shall be the preceding month's
						average pay price for manufacturing grade milk in Minnesota and Wisconsin using
						the "base month" series, as reported by the United States Department of
						Agriculture, adjusted to a 3.5 percent butterfat basis using the butterfat
						differential for the preceding month computed pursuant to section
						20.81  of
						this Part and rounded to the nearest cent, plus or minus the change in gross
						value yielded by the butter-nonfat dry milk and cheddar cheese product price
						formula computed pursuant to subdivisions (a) through (e) of this
						section.
(a) The gross values of per
					 hundredweight of milk used to manufacture butter-nonfat dry milk and cheddar
					 cheese shall be computed, using price data determined pursuant to subdivision
					 (b) of this section and annual yield factors, for the preceding month and
					 separately for the current month as follows:
(1) The gross value of milk used to
					 manufacture butter-nonfat dry milk shall be the sum of the following
					 computations:
(i) multiply the Grade AA butter
					 price by 4.27; and
(ii) multiply
					 the nonfat dry milk price by 0.42.
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) › Minimum Prices › Section 20.53 - Producer-handler price differential

Current through Register Vol. 46, No. 28, July 10, 2024
For skim milk and butterfat received from a handler who
						is a producer-handler under this or any other order and is assigned to Class
						I-A pursuant to section
						20.45(a)(7)(iii) 
						of this Part, the transferee handler shall pay a differential equal to the
						difference between the Class I-A price and the Class III price both
						appropriately adjusted for differentials pursuant to section
						20.52 
						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) › Minimum Prices › Section 20.54 - Use of equivalent price or index

Current through Register Vol. 46, No. 28, July 10, 2024
If for any reason a price or index specified by this Part
						for use in computing class prices or other purposes is not reported or
						published in the manner therein described, the market administrator shall use a
						price or index determined by the Secretary to be equivalent to or comparable
						with the price or index specified.
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) › Minimum Prices › Section 20.55 - Transportation credit on bulk unit pool milk

Current through Register Vol. 46, No. 28, July 10, 2024
For pool milk received by a handler in a pool or partial
						pool unit, a transportation credit at the rate of 15 cents per hundredweight
						shall be computed.
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) › Minimum Prices › Section 20.56 - Announcement of class prices and producer butterfat differential

Current through Register Vol. 46, No. 28, July 10, 2024
The market administrator shall announce publicly on or
						before the fifth day of each month the following:
(a) the Class I price for the following month
					 applicable at the 201-210 mile zone and at the 1-10 mile zone;
(b) the Class II price for the following
					 month applicable at the 201-210 mile zone and at the 1-10 mile zone;
(c) the Class III and Class III-A prices for
					 the preceding month applicable at the 201-210 mile zone and at the 1-10 mile
					 zone;
(d) the producer butterfat
					 differential for the preceding month;
(e) the basic formula price for the preceding
					 month, pursuant to section
					 20.51  of this
					 Part, as reported, by the United States Department of Agriculture;
(f) the average price per hundredweight for
					 manufacturing grade milk, f.o.b. plants in Wisconsin and Minnesota, using the
					 "base month" series, for the second preceding month, as reported by the United
					 States Department of Agriculture;
(g) the average price per pound, of Grade A
					 (92-score) butter, at the Chicago Mercantile Exchange, for the preceding month,
					 as reported by the United States Department of Agriculture; and
(h) the average price per pound, of nonfat
					 dry milk, f.o.b. western area, for the preceding month, as reported by the
					 United States Department of Agriculture.
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) › Determination of Uniform Price › Section 20.61 - Computation of the uniform price

Current through Register Vol. 46, No. 28, July 10, 2024
The market administrator shall, on or before the 14th day
						of each month, audit for mathematical correctness and obvious errors the report
						submitted for the preceding month by each handler. If the unreserved cash
						balance in the producer settlement fund to be included in the computation is
						less than two cents per hundredweight of pool milk on all reports, the report
						of any handler who has not made payment of the last monthly pool debt account
						rendered pursuant to section
						20.71  of this
						Part shall not be included in the computation of the uniform price. The report
						of such handler shall not be included in the computation for succeeding months
						until he has made full payment of outstanding monthly pool debts. Subject to
						the aforementioned conditions, the market administrator shall compute the
						uniform price in the following manner:
(a) Combine into one total the net pool
					 obligations of all handlers computed pursuant to section
					 20.60 
					 of this Part.
(b) Subtract the
					 total of payments required to be made pursuant to section
					 20.77 
					 of this Part.
(c) Subtract an
					 amount computed by multiplying the quantity of pool milk delivered directly
					 from farms to pool plants and partial pool plants that was not put into a tank
					 truck prior to such delivery, by a rate per hundredweight that is equal to the
					 rate specified in section
					 20.55 
					 of this Part.
(d)-(e)
					 [Reserved]
(f) Add the amount of
					 unreserved cash in the producer settlement fund.
(g) Subtract an amount equal to not less than
					 eight cents nor more than nine cents per hundredweight of pool milk and
					 receipts of concentrated fluid milk products for which a payment obligation is
					 computed pursuant to section
					 20.60(d)(4) 
					 of this Part to provide against the contingency of errors in reports and
					 payments or of delinquencies in payments by handlers.
(h) Divide the result obtained in subdivision
					 (g) of this section by the total pounds of pool milk delivered by dairy farmers
					 and the total pounds of concentrated fluid milk products for which a payment
					 obligation is computed pursuant to section
					 20.60(d)(4) 
					 of this Part. The result shall be known as the uniform price.
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) › Determination of Uniform Price › Section 20.65 - 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) › Determination of Uniform Price › Section 20.66 - 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) › Determination of Uniform Price › Section 20.67 - 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) › Producer Settlement Fund and Its Operation › Section 20.70 - Producer settlement fund

Current through Register Vol. 46, No. 28, July 10, 2024
The market administrator shall establish and maintain a
						separate fund known as the "producer settlement fund" into which he shall
						deposit all payments and out of which he shall make all payments pursuant to
						sections
						20.72
						through
						20.77 
						of this Part. All amounts subtracted under section
						20.61(d),
						inclusive of interest earned thereon, shall remain therein as an obligated
						balance until it is withdrawn for the purpose of effectuating section
						20.61(e) 
						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) › Producer Settlement Fund and Its Operation › Section 20.71 - Handler's accounts

Current through Register Vol. 46, No. 28, July 10, 2024
The market administrator shall establish an account for
						each handler who is required to make payments to the producer settlement fund
						or who received payments from the producer settlement fund. After computing the
						uniform price and each handler's pool debit or credit each month, and at such
						times as he deems appropriate, the market administrator shall render each
						handler a statement of his account showing the debit or credit balance,
						together with all debits or credits entered on such handler's account since the
						previous statement was rendered; provided, that the handler operating a pool
						plant receiving milk from a partial pool plant or partial pool unit without
						producers as defined in section
						20.6  of this Part, or
						from a partial pool plant in the 401 miles or over freight zone, shall be
						responsible for the debit or credit arising on milk so received and for the
						payment of the administration assessment pursuant to section
						20.85  of this
						Part on 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) › Producer Settlement Fund and Its Operation › Section 20.72 - Payments to the producer settlement fund

Current through Register Vol. 46, No. 28, July 10, 2024
On or before the 16th day of each month, each handler
						shall make full payment to the market administrator of the debit balance, if
						any, of such handler shown on the last statement of account rendered pursuant
						to section
						20.71  of this
						Part. Payments to the market administrator shall be deemed not to have been
						made until such payments have been received by the market administrator. If the
						date by which such payments must be received by the market administrator falls
						on a Saturday or Sunday or a national holiday, such payments shall not be due
						until the next day that the market administrator's office is open for public
						business.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126) › Producer Settlement Fund and Its Operation › Section 20.73 - Payments out of the producer settlement fund

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On or before the 17th day of each month,
					 the market administrator shall make payment to each handler of the credit
					 balance, if any, of such handler shown on the last statement of account
					 rendered pursuant to section
					 20.71  of this
					 Part. If the date by which such payments are to be made falls on a Saturday or
					 Sunday or a national holiday, such payments need not be made until the next day
					 that the market administrator's office is open for public business. If payments
					 to the producer settlement fund under section
					 20.72 
					 of this Part were delayed because the due date fell on a Saturday or Sunday or
					 a national holiday, payments under this paragraph may be delayed by the same
					 number of days.
(b) If the balance
					 in the producer settlement fund is insufficient to make the full payment
					 required under subdivision (a) of this section, the market administrator shall
					 reduce uniformly the payments to each handler and shall complete such payments
					 as soon as the necessary funds are available. No handler who, on the 20th day
					 of the month, has not received such payments in full from the market
					 administrator shall be deemed to be in violation of sections
					 20.80
					 through
					 20.82 
					 of this Part if he reduces his total payments to producers for milk delivered
					 by such producers during the preceding month by not more than the amount of the
					 reduction in payment from the producer settlement fund.
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) › Producer Settlement Fund and Its Operation › Section 20.74 - Handler's pool debit or credit

Current through Register Vol. 46, No. 28, July 10, 2024
After computing the uniform price for each month, the
						market administrator shall compute each handler's pool debit or credit as
						follows:
(a) Add the amounts computed
					 as follows:
(1) multiply the quantity of pool
					 milk received by each handler from dairy farmers by the uniform
					 price;
(2) multiply the quantity of
					 pool milk received by the handler at a pool plant or partial pool plant
					 directly from farms that was not put into a tank truck prior to delivery by a
					 rate per hundredweight that is equal to the rate specified in section
					 20.55 
					 of this Part; and
(3) multiply the
					 quantity of concentrated fluid milk products for which a payment obligation is
					 computed pursuant to section
					 20.60(d)(4) 
					 of this Part by the uniform price.
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) › Producer Settlement Fund and Its Operation › Section 20.75 - Adjustments of errors in payments

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever verification by the market administrator of
						reports or payments of any handler discloses errors made in payments to or from
						the producer settlement fund, the market administrator shall debit the
						handler's producer settlement fund account for any unpaid amount. Whenever
						verification discloses that payment is due from the market administrator to any
						handler, the market administrator shall credit the handler's producer
						settlement fund account for any such amount.
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) › Producer Settlement Fund and Its Operation › Section 20.76 - Charges on overdue accounts

Current through Register Vol. 46, No. 28, July 10, 2024
Any unpaid obligation of a handler pursuant to sections
						20.72
						and
						20.85  of this
						Part shall be increased one percent on the first day after the due date of such
						obligation and on the same day of each succeeding month until such obligation
						is 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) › Producer Settlement Fund and Its Operation › Section 20.79 - 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) › Payment by Handlers Directly to Producers › Section 20.80 - Time and rate of payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On
					 or before the last day of the month, each handler shall make payment to each
					 producer for milk received from such producer during the first 15 days of the
					 month at not less than the lowest class price for the preceding
					 month.
(b) On or before the 20th
					 day of the month, each handler shall make payment, pursuant to subdivisions
					 (c), (d), (e), (f) and (g) of this section, to each producer for the balance
					 due for all milk received from such producer during the preceding month at not
					 less than the uniform price for such month, subject to the following
					 adjustments:
(1) appropriate differentials
					 set forth in sections
					 20.81 and
					 20.82 
					 of this Part;
(2) proper deductions
					 for the month that were authorized in writing by producers from whom the
					 handler received milk (except as specified in paragraph [a][3] of this
					 section);
(3) for milk received in
					 a bulk tank unit and for which transportation was provided by the handler or at
					 his expense, there may be deducted, as proper and as authorized in writing by
					 the producer, or by a cooperative association authorized to act on behalf of
					 such producer, a tank truck service (transportation) charge. This charge may
					 include any farm-to-first-plant transportation costs for which the handler was
					 not reimbursed through the transportation credit pursuant to section
					 20.55 
					 of this Part, but such charge shall be reduced by the amount that the class use
					 location value of milk at the plant of first receipt exceeds its class use
					 location value where the milk was accounted for as a receipt in the bulk tank
					 unit from which the milk was transferred. Any such deduction, plus the
					 transportation credit, and plus the amount of the increase in class use
					 location value of the milk at the plant compared to the unit, shall not exceed
					 the actual transportation costs incurred. Any such deduction must be made by
					 the handler not later than the date on which the producer is required to be
					 paid for such milk. If authorization for such deduction is canceled by the
					 producer or by the cooperative by notifying the handler in writing, such
					 cancellation shall be effective on the first day of the month following its
					 receipt by the handler; and
(4) for
					 pool milk delivered directly, from a farm to a pool plant or a partial pool
					 plant, that was not put into a tank truck prior to such delivery, the handler
					 shall pay to the producer an additional amount computed by multiplying the
					 quantity of such milk by a rate per hundredweight that is equal to the rate
					 specified in section
					 20.55 
					 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) › Payment by Handlers Directly to Producers › Section 20.81 - Butterfat differential

Current through Register Vol. 46, No. 28, July 10, 2024
The butterfat differential for the adjustment of prices
						as specified in this Part shall be plus or minus for each one tenth of one
						percent of butterfat above or below three and five-tenths percent an amount
						computed as follows: round to nearest one-tenth cent, 0.138 times the current
						month's butter price less 0.0028 times the preceding month's average pay price
						per hundredweight, at test, for manufacturing grade milk, in Minnesota and
						Wisconsin using the "base month" series adjusted pursuant to section
						20.51(a) through
						(e)  of this Part, as reported by the United
						States Department of Agriculture. The butter price means the simple average for
						the month of the Chicago Mercantile Exchange, Grade A butter price as reported
						by the United States Department of Agriculture.
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) › Payment by Handlers Directly to Producers › Section 20.82 - Transportation differentials

Current through Register Vol. 46, No. 28, July 10, 2024
The transportation differential shall be plus or minus
						the appropriate differential shown in column B of the schedule in section
						20.52(c) 
						of this Part for the zone of the plant to which the milk is delivered or, in
						the case of farms included in units, the zone of the township in which the milk
						is received.
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) › Payment by Handlers Directly to Producers › Section 20.83 - Renumbered

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) › Payment by Handlers Directly to Producers › Section 20.84 - Renumbered

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) › Expense of Administration › Section 20.85 - Payment by handlers

Current through Register Vol. 46, No. 28, July 10, 2024
As his pro rata share of the expense of administration of
						this Part, each handler shall, on or before the date specified for making
						payment to the producer settlement fund pursuant to section
						20.72 
						of this Part, pay to the market administrator a sum not exceeding five cents
						per hundredweight on the total quantity of pool milk received from dairy
						farmers at plants or from farms in a unit operated by such handler, directly or
						at the instance of a cooperative association of producers and on the quantity
						for which payment is made pursuant to section
						20.60(d)(2), (3)
						and (4)  of this Part, the exact amount to be
						determined by the market administrator subject to review by the Secretary. This
						section shall not be deemed to duplicate any similar payment by any handler
						under an order issued by the Commissioner of Agriculture and Markets of the
						State of New York, or the Director of the Division of Dairy Industry of the New
						Jersey Department of Agriculture, with respect to the marketing area. Whenever
						verification by the market administrator discloses an error in the payment made
						by any handler, such error shall be adjusted not later than the date next
						following such disclosure on which payments are due pursuant to this
						section.
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) › Expense of Administration › Section 20.86 - 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) › Expense of Administration › Section 20.87 - 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) › Expense of Administration › Section 20.88 - 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) › Expense of Administration › Section 20.89 - 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) › Expense of Administration › Section 20.90 - Renumbered

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) › Expense of Administration › Section 20.91 - 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) › Expense of Administration › Section 20.95 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.1 - Statute

Current through Register Vol. 46, No. 28, July 10, 2024
Statute means the Agriculture and Markets Law, as
						amended.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.2 - 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 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.3 - Western new york milk marketing area

Current through Register Vol. 46, No. 28, July 10, 2024
Western New York Milk Marketing Area means all territory,
						including government institutions or reservations, within the Counties of Erie,
						Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Seneca, Wayne and
						Wyoming; the Townships of Freedom and Yorkshire in Cattaraugus County; the
						Townships of Alfred, Almond, Burns, Centerville, Granger, Grove and Hume in
						Allegany County; the City of Hornell, and the Townships of Avoca, Bath,
						Bradford, Canisteo, Cohocton, Dansville, Fremont, Pulteney, Hartsville,
						Hornellsville, Howard, Prattsburg, Urbana, Wayland, Wayne and Wheeler in
						Steuben County; the Townships of Conquest, Montezuma, Sterling and Victory in
						Cayuga County; the Townships of Italy, Middlesex and Potter in Yates County;
						all located in the State of New York and all hereinafter called the marketing
						area.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.5 - Federal milk marketing order

Current through Register Vol. 46, No. 28, July 10, 2024
Federal Milk Marketing Order means an order issued by the
						Secretary of Agriculture of the United States, pursuant to the provisions of
						the Agricultural Marketing Agreement Act of 1937 as amended, regulating the
						handling of milk in an area described in such order.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.6 - Person

Current through Register Vol. 46, No. 28, July 10, 2024
Person means any individual, partnership, corporation,
						association or other business unit, and shall be deemed to include broker,
						agent, cooperative corporation and unincorporated cooperative
						association.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.7 - Producer

Current through Register Vol. 46, No. 28, July 10, 2024
Producer means any person, including members of any
						cooperative association, who delivers milk of his own production to a pool
						plant or whose milk is diverted by a marketer to a designated diversion plant
						pursuant to section
						21.17  of
						this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.8 - Route disposition

Current through Register Vol. 46, No. 28, July 10, 2024
Route disposition means any delivery of a fluid milk
						product from a plant to a retail or wholesale outlet (including any delivery
						through a distribution depot, by a vendor, from a plant store or through a
						vending machine), except any delivery to a plant.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.9 - Marketer

Current through Register Vol. 46, No. 28, July 10, 2024
Marketer means any person who purchases or handles or
						sells milk produced or received by him or by another marketer from producers;
						provided, that any person who sells or moves into the marketing area as route
						disposition fluid milk products obtained from sources other than producers or
						pool plants shall be deemed to be a marketer with respect to such sales or
						movements.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.10 - Types of cooperatives

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Cooperative association means a cooperative association of milk producers which
					 the commission determines:
(1) is incorporated
					 pursuant to the provisions of the Cooperative Corporations Law of New York
					 State or pursuant to similar laws of other states;
(2) is duly licensed pursuant to the
					 provisions of article 21 of the Agriculture and Markets Law;
(3) has full authority in the sale of its
					 members' milk and is engaged in making collective sales of or marketing milk or
					 milk products for its members; and
(4) has its entire organization and all of
					 its activities under the control of its members.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.11 - Plant

Current through Register Vol. 46, No. 28, July 10, 2024
Plant means the land, buildings and processing equipment,
						not including trucks used to transport milk, constituting a single operating
						unit for the receiving, handling or processing of milk or milk
						products.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.12 - Types of plants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Pool plant means a plant, other than a pool plant pursuant to a Federal Milk
					 Marketing Order, where milk is received from producers, is approved by a health
					 authority for the processing of fluid milk for distribution in any part of the
					 marketing area, and which meets the requirement of paragraph (1) or (2) of this
					 subdivision.
(1) At least 50 percent of the
					 milk received from producers and as transfers of bulk milk from other plants
					 during the month is processed at the plant and disposed of as route disposition
					 of fluid milk products in the marketing area or as transfers of packaged fluid
					 milk products to pool plants.
(2) A
					 plant which meets the requirement of paragraph (1) of this subdivision during
					 any month shall remain a pool plant until the second consecutive month in which
					 it fails to meet such requirement.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.13 - Bulk farm tank truck

Current through Register Vol. 46, No. 28, July 10, 2024
Bulk farm tank truck means a truck used to transport milk
						in bulk from the farms of producers to plants.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.14 - Bargaining agency

Current through Register Vol. 46, No. 28, July 10, 2024
Bargaining agency means the Western New York Cooperative
						Milk Producers' Bargaining Agency, Inc.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.15 - Fiscal agent

Current through Register Vol. 46, No. 28, July 10, 2024
Fiscal agent means such trust company as may be
						designated by 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 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.16 - Milk and milk products

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Fluid milk product means:
(1) that except as
					 provided in paragraph (2) of this subdivision, any milk products in fluid or
					 frozen form containing less than nine 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, fat-free milk, lowfat milk, light milk,
					 reduced fat milk, milk drinks, and cultured buttermilk, including any such
					 beverage products that are flavored, cultured, modified with added nonfat milk
					 solids, concentrated meaning milk that contains not less than 25.5 percent and
					 not more than 50 percent total milk solids, or reconstituted.
(2) The term fluid milk product shall not
					 include:
(i) plain or sweetened evaporated
					 milk/skim milk, sweetened condensed milk/skim milk, formulas especially
					 prepared for infant feeding or dietary use (meal replacement) that are packaged
					 in hermetically sealed containers, any product that contains by weight less
					 than 6.5 percent nonfat milk solids, and whey; and
(ii) the quantity of skim milk in any
					 modified product specified in paragraph (2) of this subdivision 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 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.17 - Diversion of pool milk

Current through Register Vol. 46, No. 28, July 10, 2024
Milk may be diverted from a pool plant(s) by direct
						delivery from the farms of producers by bulk farm tank trucks to diversion
						plants designated by the commissioner pursuant to subdivision (a) of this
						section, and shall be deemed to be pool milk within the limits provided in
						subdivision (b) of this section. Diverted milk shall be priced at the location
						of the plant to which diverted.
(a)
					 Designation of a diversion plant may be made by the commissioner upon
					 application by a marketer operating a pool plant or a collecting cooperative.
					 Such application may be denied or the designation of diversion plant rescinded
					 by the commissioner upon a finding by him, after hearing, that such diversion
					 is or would be disruptive of orderly marketing conditions in this or any other
					 market, or that the conditions of diversion specified in paragraphs (1) through
					 (5) of this subdivision are not being met.
(1)
					 The marketer diverting the milk shall operate a pool plant during the month or
					 be a collecting cooperative which has arranged to make the reports and payments
					 with respect to the milk of producers.
(2) The bulk farm tank truck used for
					 diverting such milk shall be owned and operated by or under contract to said
					 marketer.
(3) The marketer shall
					 report each month to the commissioner with respect to milk of producers
					 delivered to a diversion plant, the identity of the producers, their
					 affiliation, and the pounds of milk of each producer so diverted, including
					 milk diverted in excess of the limits provided in subdivision (b) of this
					 section.
(4) The milk diverted from
					 the farms of producers to diversion plants and which is pool milk is classified
					 in accordance with the provisions of sections
					 21.30
					 through
					 21.34 
					 of this Part and the marketer responsible for diverting such milk makes the
					 payments required pursuant to sections
					 21.60
					 through
					 21.68 
					 of this Part.
(5) The operator of
					 the diversion plant to which milk of producers is diverted maintains and makes
					 available to the commissioner all records necessary for an accurate
					 determination of the quantity and utilization of pool milk diverted to said
					 plant.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Definitions › Section 21.18 - 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 plant, to which fluid milk products and 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 (one gallon or
						less).