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 41 - Requirements For The Transportation And Storage Of Pasteurized Milk › Section 41.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions shall apply to the terms used in
					 this Part:
(a) Distributor means any
				  person who purchases milk from a milk dealer and transports it for intended
				  resale in the original container.
(b) Milk means "milk" as defined in
				  subdivision (7) of section 253  of the Agriculture and Markets Law that
				  has been pasteurized and packaged, except that it does not include milk that
				  has been aseptically processed as defined in section
				  2.2  of this
				  Title.
(c) Milk dealer means a
				  "milk dealer" as defined in subdivision (4) of section 253  of the Agriculture and Markets
				  Law.
(d) Person means a "person" as
				  defined in subdivision (3) of section 253  of the Agriculture and Markets
				  Law.
(e) Certification means a
				  written statement, subscribed and dated by a distributor or his duly authorized
				  representative, which sets forth the distributor's name, business address,
				  telephone number, vehicle license plate number, and a declaration that all
				  requirements for ensuring that milk is properly transported, as prescribed in
				  section 257-a  of the Agriculture and Markets Law,
				  have been met relative to such distributor's purchases of milk from a
				  particular milk dealer.
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 41.3 - Certification requirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Any milk dealer who sells milk to a distributor shall, on or before the date of
				  the first such sale, obtain from such distributor a certification as defined in
				  subdivision (e) of this section, unless exempted pursuant to section
				  41.4  of this
				  Part.
(b) Any certification
				  obtained pursuant to this section shall be retained by the milk dealer at its
				  usual place of business for so long as milk sales to the distributor continue,
				  and shall be made available for inspection by the commissioner's representative
				  during regular business hours.
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 41.4 - Exemption

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who purchases or handles milk in a total
					 quantity not exceeding 10 gallons per delivery is exempt from the requirements
					 of this Part and section 257-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 41 - Requirements For The Transportation And Storage Of Pasteurized Milk › Section 41.5 - Certification form

Current through Register Vol. 46, No. 28, July 10, 2024
A certification in the following form shall be deemed to
					 satisfy the requirement of this Part:
DISTRIBUTOR'S CERTIFICATION
I hereby certify that the vehicle transporting packaged
					 milk for resale in the same container is capable of maintaining such milk at a
					 temperature of not more than 45 degrees Fahrenheit and the packaged milk is
					 stored and shipped in a compartment which contains no toxic and hazardous
					 chemicals or solid waste as defined in section 257-a  of the Agriculture and
					 Markets Law.* These requirements are being met with
					 regard to milk purchased by me from ________________________
(Name & Address of Milk Dealer)
(Name of Distributor)
(Address of
								  Distributor)
(Vehicle License Plate
								  Number)
(Telephone Number of
								  Distributor)
(Date Signed)
(Signature of Distributor or
								  Distributor's Representative)
(Name and Title of
								  Signer)
Footnotes
* "Toxic and hazardous chemicals" shall not mean common
					 household products normally sold in grocery stores and supermarkets or those
					 products normally provided to commercial establishments by a food service
					 company, that are packaged and handled in a manner which avoids contamination
					 of milk or milk products. "Solid waste" shall not mean any packaging that is
					 approved for reuse such as returnable milk bottles.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 42 - Deposit On Milk Cases › Section 42.1 - General application

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided herein, the terms and
					 provisions of this Part shall apply to each milk dealer or other person who
					 handles, sells or distributes milk or milk products in packaged form within 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 42 - Deposit On Milk Cases › Section 42.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				  means the Commissioner of Agriculture and Markets of the State of New
				  York.
(b) Person means any
				  individual, firm, partnership, corporation or association.
(c) Milk dealer means any person licensed to
				  purchase, handle or sell milk pursuant to article 21 of the Agriculture and
				  Markets Law.
(d) Wholesale customer
				  means a grocery store, hotel, restaurant, soda fountain, dairy products store,
				  automatic milk vending machine, school, college, hospital, institution, nursing
				  home, government installation or similar establishment to which packaged milk
				  is sold or delivered other than at retail to a family unit.
(e) Milk case means a rigid multi-use
				  container used for packing and transporting or delivering cartons, bottles,
				  jugs or other receptacles for packaging milk and milk products, and which is
				  made of wood, metal, plastic or other rigid materials.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 42 - Deposit On Milk Cases › Section 42.3 - Identification of milk cases

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, each milk case used for the sale
					 or delivery of milk and milk products to wholesale customers in the State of
					 New York shall have the name or other business identification of the person who
					 is the owner clearly printed, embossed, inscribed or otherwise permanently
					 marked on each such milk case.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 42 - Deposit On Milk Cases › Section 42.4 - Deposit

Current through Register Vol. 46, No. 28, July 10, 2024
The deposit on each milk case which is used to transport or
					 deliver milk and milk products to wholesale customers in the State of New York
					 or is furnished to another milk dealer or other person for sale or delivery,
					 and which upon delivery remains on or at the premises or in the possession of
					 the person who purchases or receives the milk or milk products for use or
					 resale, shall be not less than $2, except that for the counties of Bronx,
					 Kings, Manhattan, Nassau, Queens, Richmond, Suffolk and Westchester, the
					 deposit shall be not less than 50 cents.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 42 - Deposit On Milk Cases › Section 42.5 - Application of the deposit on milk cases

Current through Register Vol. 46, No. 28, July 10, 2024
Every milk dealer or other person is responsible for
					 assessing or collecting the deposit provided for in section
					 42.4  of this Part in the
					 following manner:
(a) Every milk
				  dealer who sells, delivers or furnishes milk or milk products in packaged form
				  to another milk dealer or other person for sale or delivery in the State of New
				  York in a milk case which is owned by the supplying dealer shall assess or
				  collect a deposit from the milk dealer or other person upon transfer or
				  delivery of the milk case to such person. The deposit shall be held by the
				  supplying dealer until the milk case is returned to him by the milk dealer or
				  other person.
(b) Every milk dealer
				  or other person who sells or delivers milk and milk products in packaged form
				  to wholesale customers in the State of New York shall assess or collect a
				  deposit from each such customer for each milk case which is furnished and
				  remains on or at the premises or in the possession of the wholesale customer;
				  provided, however, that a deposit is not required when a milk case is furnished
				  to a wholly owned or subsidiary store of the milk dealer or other person. The
				  deposit shall be held by the milk dealer or other person as long as the milk
				  case remains on or at the premises or in the possession of the wholesale
				  customer and until it is returned to the milk dealer or other person by such
				  customer.
(c) Refund of the deposit
				  assessed or collected from a milk dealer, other person or wholesale customer
				  shall be made to such person only upon return of the milk case for which a
				  replacement is not being furnished and which is in useful condition allowing
				  for normal wear and breakage.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 42 - Deposit On Milk Cases › Section 42.6 - Violations

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be a violation of this Part for any milk dealer or
					 other person to evade, circumvent or otherwise minimize the intent and effect
					 of the deposit on milk cases through a price concession, allowance, discount or
					 rebate or through the furnishing of credit, service, facilities or any other
					 consideration to another milk dealer, other person or wholesale customer to
					 whom he sells or delivers milk and 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 42 - Deposit On Milk Cases › Section 42.7 - Records and availability

Current through Register Vol. 46, No. 28, July 10, 2024
Every milk dealer or other person shall maintain complete
					 and accurate records and accounts on the assessment, collection and refunding
					 of the deposit on milk cases, and all such records and accounts shall be made
					 available at all reasonable hours for examination by the commissioner and any
					 employee designated by him 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 43 - Implementation Of Milk Producers Security Law › Section 43.1 - General application

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in this Part, the terms and
					 provisions of this Part shall apply to all milk produced on farms in the State
					 of New York and which is sold or delivered to a milk dealer or cooperative. For
					 purposes of this Part, a joint or common marketing agency operated by one or
					 more cooperative corporations or associations of producers shall be considered
					 a cooperative if qualified under the provisions of section 258-b  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 43 - Implementation Of Milk Producers Security Law › Section 43.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part:
(a) Commissioner means the Commissioner of
				  Agriculture and Markets of the State of New York.
(b) Law means article 21 of the Agriculture
				  and Markets Law, as amended by chapter 540 of the Laws of 1987.
(c) Person means any person, firm,
				  corporation, partnership, association, cooperative corporation or
				  unincorporated cooperative association.
(d) Milk dealer means any person licensed to
				  receive, purchase, handle or sell milk pursuant to article 21 of the
				  Agriculture and Markets Law and the applicable rules and regulations
				  promulgated thereunder by the commissioner; provided, that for purposes of this
				  Part a cooperative corporation or association of producers shall be deemed to
				  be a producer and not a milk dealer with respect to milk marketed for its
				  producer members and the milk of producer members of any other cooperative
				  which is marketed under contract with such cooperative.
(e) Milk means all milk and milk products as
				  defined pursuant to section 253(7) of the law. [next page is 134.95]
(f) Payment means cash payment in full
				  received on or before the due date established pursuant to section 258-b(2)(a)
				  of the law. Payment by check shall be treated as conditional payment but shall
				  be defeated upon dishonor of the check.
(g) Producers security fund means a milk
				  producers security fund established pursuant to section 258-b(4) of the
				  law.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 43 - Implementation Of Milk Producers Security Law › Section 43.3 - Prevailing class ii price

Current through Register Vol. 46, No. 28, July 10, 2024
The prevailing class II price for the second preceding
					 month for purposes of making partial payment for milk pursuant to section
					 258-b(2)(a) of the law shall be the class II or equivalent milk price announced
					 for the applicable Federal or State milk marketing order. A milk dealer not
					 subject to a Federal or State milk marketing order shall make partial payment
					 at not less than the class II price announced for the New York - New Jersey
					 milk marketing order (Parts 19 and 20 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 43 - Implementation Of Milk Producers Security Law › Section 43.4 - Notice of nonpayment for milk

Current through Register Vol. 46, No. 28, July 10, 2024
Any milk producer, including a cooperative corporation or
					 association of producers, who does not receive payment for milk from a milk
					 dealer within the time prescribed in section 258-b(2)(a) of the law shall
					 notify the commissioner of such fact, verbally or in writing, within five days
					 of the date on which payment was due from the milk dealer.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 43 - Implementation Of Milk Producers Security Law › Section 43.5 - Application of producer security provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A cooperative corporation or association
				  of producers shall, with respect to milk purchased or received from nonmember
				  producers for sale, processing or manufacture (except producer members of
				  another cooperative under contract to such cooperative or other sales or
				  transfers of milk from another cooperative) make required payments to the
				  producers security fund and/or file a bond or other security in the amount
				  required pursuant to section 258-b of the law. For the purpose of this
				  subdivision, a cooperative shall be considered a milk dealer.
(b) A milk dealer who purchases milk of New
				  York producers from a cooperative corporation or association of producers which
				  is commingled with milk produced out-of-state shall make payments to the
				  producers security fund and/or file a bond or other security covering the
				  proportionate amount of New York-produced milk received by the dealer. A
				  cooperative shall maintain a record of the quantity of New York-produced milk
				  included in each delivery to a milk dealer, and shall provide the dealer with a
				  monthly accounting of such quantity.
(c) A milk dealer who purchases milk in
				  packaged form from a cooperative corporation or association of producers shall
				  make payments to the producers security fund and/or file a bond or other
				  security in the amount required pursuant to section 258-b of the law.
(d) A milk dealer shall be exempt from making
				  payments to the producers security fund or filing a bond or other security with
				  respect to milk received from a cooperative corporation or association of
				  producers for processing and packaging on account for such cooperative pursuant
				  to a written contract or agreement whereby the cooperative holds title to the
				  milk at all times, pays the milk dealer for services rendered and takes
				  physical possession of the milk when processed and packaged. In such case the
				  cooperative shall be responsible for accounting for such milk under the
				  producer security provisions of section 258-b of the law if received from
				  nonmember producers, in accordance with subdivision (a) of 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 43 - Implementation Of Milk Producers Security Law › Section 43.7 - Exemption from mandatory minimum surety bond

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A milk dealer may apply in writing to the
				  commissioner to be exempted from filing a mandatory minimum surety bond
				  pursuant to section 258-b(3)(c) of the law when such dealer elects to
				  participate in the producers security fund or upon renewal of his milk dealer's
				  license. Any such application must be filed not later than three months prior
				  to the date the dealer intends to begin participating in the producers security
				  fund or the date of license renewal and shall set forth the basis upon which an
				  exemption is sought, including but not limited to current financial
				  information.
(b) Notwithstanding
				  the time established for milk dealers to apply for exemption from the mandatory
				  minimum surety bond pursuant to subdivision (a) of this section, a milk dealer
				  may apply not later than October 23, 1987 to be exempted from filing the
				  initial such bond required pursuant to chapter 540 of the Laws of
				  1987.
(c) The criteria to be used
				  in reviewing an applicant's financial condition, the viability of the producers
				  security fund and the effect of the proposed exemption on security afforded
				  producers shall include, but not be limited to, the following:
(1) the milk dealer's financial liquidity,
				  indebtedness, equity in the business and tangible net worth, profitability,
				  value of unencumbered real and other tangible assets located within New York
				  State, value of milk purchases from New York State producers and in total, and
				  payment practices, and such other factors as may be required to assess the
				  applicant's financial condition;
(2) the balance in the producers security
				  fund relative to the total value of milk secured by the fund and the value of
				  milk on which exemption from the mandatory minimum surety bond is requested or
				  has been granted;
(3) the amount of
				  any producers claims pending against the producers security fund or which the
				  commissioner has reason to believe will be filed against the fund;
				  and
(4) the estimated amounts of
				  payments and interest to be deposited or credited to the producers security
				  fund and expenses or payments to be made from the fund during the next 12
				  months.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 43 - Implementation Of Milk Producers Security Law › Section 43.8 - Withdrawal from producers security fund

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the case of a milk dealer who
				  terminates his participation in the producers security fund pursuant to section
				  258-b(4)(c) of the law or ceases to do business as a milk dealer in a manner
				  requiring the filing of producer security, such milk dealer's pro rata share of
				  the fund shall be as determined pursuant to section
				  43.6 
				  of this Part at the close of the license year when the dealer's participation
				  in the fund is terminated. The commissioner shall pay such a milk dealer his
				  pro rata share of the producers security fund after he is satisfied through
				  audit or other information that the dealer has paid in full for all milk
				  purchased, received or handled from producers or cooperatives during the period
				  in which he participated in the fund, including any payments to a producer
				  settlement or equalization fund for an order promulgated under section 258-m or
				  258-n of the law.
(b) A milk dealer
				  who sells or transfers his milk business in its entirety to another milk dealer
				  or to a person who has applied for a milk dealer's license may assign his
				  interest in the producers security fund, as determined pursuant to subdivision
				  (a) of this section to such milk dealer or person if the latter is already
				  participating or has filed notice of his intent to participate in the fund. Any
				  interest in the producers security fund assigned to a milk dealer or other
				  person shall be applied to his required initial payment to the fund and the
				  balance of such interest shall remain with the fund for the account of such
				  dealer or person. The assignment of any interest in the producers security fund
				  by a milk dealer shall be subject to approval by the commissioner and shall be
				  conditioned on the assignee assuming full responsibility for any claims arising
				  from the failure of such assigning dealer to pay for milk purchased, received
				  or handled during the period in which he participated in the fund.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 43 - Implementation Of Milk Producers Security Law › Section 43.9 - Claims against mandatory minimum surety bonds and producers security fund

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A deficiency in
				  payment for milk by a milk dealer resulting from an error in butterfat test or
				  other calculation or from a disagreement over quantity, test, price or other
				  terms of trade shall not be cause for a producer or a market administrator to
				  file a claim, pursuant to section 258-b(5) of the law, against a mandatory
				  minimum surety bond and the producers security fund.
(b) Claims against a mandatory minimum surety
				  bond and the producers security fund shall be filed within 30 days of notice by
				  the commissioner to producers and a market administrator unless the
				  commissioner determines that there is reasonable cause to accept claims filed
				  after such deadline.
(c) The
				  appropriate uniform price of milk for which a claim is filed shall be the
				  uniform price for the milk marketing order under which such milk is priced,
				  adjusted for butterfat content and zone location, or such other pay price as
				  the commissioner determines is appropriate for a milk dealer not subject to a
				  milk marketing order. For purposes of this Part, any amount owed to or received
				  or credited from a producer settlement or equalization fund of an order
				  promulgated under section 258-m or 258-n of the law by a cooperative on milk
				  included in a claim filed against a defaulting milk dealer shall be considered
				  as owing to or credited from such fund on account of the milk dealer and shall
				  be added to or deducted, as the case may be, from the cooperative's claim
				  against a mandatory minimum surety bond and the producers security
				  fund.
(d) For the purpose of
				  determining the amount payable on a claim pursuant to section 258-b(5)(c) of
				  the law, the earliest debt owed a claimant by a milk dealer shall mean the
				  amount owed for milk sold or delivered to such milk dealer during the first
				  43-consecutive-day period for which payment was not received.
(e) In the event the commissioner authorizes
				  the comptroller to make estimated payments from the producers security fund to
				  individual producer claimants, pursuant to section 258-b(5)(a) of the law, each
				  such claimant shall be required as a condition to receiving an estimated
				  payment to execute a written agreement to repay to the producers security fund
				  any amount thereafter determined by the commissioner is not due upon the
				  producer's claim.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 43 - Implementation Of Milk Producers Security Law › Section 43.10 - Amount of surety bond or alternative security

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each milk dealer who is required to file
				  a mandatory minimum surety bond pursuant to section 258-b(3)(c) of the law or
				  elects to file a surety bond or alternative security in accordance with section
				  258-b(6) and (7) of the law shall, in determining the highest aggregate value
				  of milk purchased or received from producers in two consecutive months during
				  the preceding 12 months, take into account both the quantity and minimum price
				  of such milk. The value so determined shall include any amount paid to a
				  producer settlement or equalization fund for an order promulgated under section
				  258-m or 258-n of the law.
(b) In
				  determining, pursuant to section 258-b(3)(d) of the law, whether a milk dealer
				  should be required to file a further surety bond or other security in addition
				  to making payments to the producers security fund and filing a mandatory
				  minimum surety bond, and the amount of additional security to be required, the
				  commissioner shall take into account the milk dealer's financial liquidity,
				  indebtedness, equity in the business and tangible net worth, profitability,
				  value of unencumbered real and other tangible assets located within New York
				  State, value of milk purchases from New York State producers and in total,
				  payment practices, and the maximum value of his purchases of milk from
				  producers during a 43-day period.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 43 - Implementation Of Milk Producers Security Law › Section 43.11 - Filing additional security

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever the commissioner determines,
				  pursuant to section 258-b(3)(d) or (8) of the law, that additional security is
				  required of a milk dealer, such dealer shall within 10 days of receiving
				  written notice from the commissioner indicate in writing how he intends to
				  satisfy the requirement for additional security and within 30 days of the
				  commissioner's notice shall file a surety bond or alternative security in
				  satisfaction thereof.
(b) A milk
				  dealer who is notified by the commissioner that additional security must be
				  filed may request a review of the amount of additional security, provided such
				  request is made within 10 days of receiving notice from the commissioner. Such
				  request shall not waive the requirement that the additional security be filed
				  within 30 days of notice 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 43 - Implementation Of Milk Producers Security Law › Section 43.12 - Claims against surety bonds or alternative security

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The limitations and conditions governing
				  claims against mandatory minimum surety bonds and the producers security fund
				  as set forth in section
				  43.9(a)-
				  (d)  of this Part shall be applicable to
				  claims filed by producers or a market administrator against a surety bond or
				  alternative security pursuant to section 258-b(9) of the law.
(b) Monies available in the producers
				  security fund to pay producer claimants for whom recovery on a surety bond has
				  not been made within 60 days of the commissioner's certification of the amounts
				  due such producers shall be the balance in the fund less the amount of any
				  producer claims pending against the fund or which the commissioner has reason
				  to believe will be filed against the fund.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 43 - Implementation Of Milk Producers Security Law › Section 43.13 - Applicability of prohibitions and violations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions for prompt payment for
				  milk prescribed under section 258- b(2) of the law shall apply to both bulk and
				  packaged milk purchased or received by a milk dealer from a cooperative
				  corporation or associations of producers.
(b) The prohibitions and violations relating
				  to the sale of milk by a milk dealer to another milk dealer pursuant to section
				  258-b(15) of the law shall apply to the sale of milk by a cooperative
				  corporation or association of producers to a milk dealer.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 43 - Implementation Of Milk Producers Security Law › Section 43.14 - Records and availability

Current through Register Vol. 46, No. 28, July 10, 2024
Each milk dealer and cooperative shall maintain complete
					 and accurate records and accounts of all milk and milk products purchased,
					 received or handled, billings and payments and such other records as may be
					 required for the administration and enforecment of section 258-b of the Law and
					 the terms and provisions of this Part. All such records and accounts shall be
					 made available to the commissioner or any employee designated by him 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 43 - Implementation Of Milk Producers Security Law › Section 43.15 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to any monthly reports otherwise required of
					 milk dealers and cooperatives pursuant to article 21 of the law, each milk
					 dealer and cooperative subject to the provisions of section 258-b of the law
					 shall as required by the commissioner file such other reports and information
					 as may be necessary for administration and enforcement of that
					 section.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 43 - Implementation Of Milk Producers Security Law › Section 43.16 - Disclosure of milk dealer financial statements

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may, in his sole discretion, make
					 available to insurers financial statements, or portions thereof as are
					 necessary, of milk dealers participating in the milk producers security fund,
					 in order to obtain insurance coverage for the milk producers security fund (cf.
					 Agriculture and Markets Law, section
					 258-b).
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 44 - Prompt Payment For Milk To Milk Dealers › Section 44.1 - General application

Current through Register Vol. 46, No. 28, July 10, 2024
The terms and provisions of this Part shall apply to sales
					 or deliveries of milk by a milk dealer to another milk
					 dealer.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 44 - Prompt Payment For Milk To Milk Dealers › Section 44.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				  means the Commissioner of Agriculture and Markets of the State of New
				  York.
(b) Person means any
				  individual, firm, partnership, corporation or association.
(c) Milk dealer means any person licensed to
				  receive, purchase, handle or sell milk pursuant to article 21 of the
				  Agriculture and Markets Law and the applicable rules and regulations
				  promulgated thereunder by the commissioner.
(d) Milk means all milk and milk products, as
				  defined pursuant to subdivision seven of section 253  of the Agriculture and Markets Law,
				  whether in bulk or packaged form.
(e) Payment means cash payment in full
				  received on or before the due date established pursuant to this Part. Payment
				  by check shall be treated as conditional payment but shall be defeated upon
				  dishonor of the check.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 44 - Prompt Payment For Milk To Milk Dealers › Section 44.3 - Final date for payment

Current through Register Vol. 46, No. 28, July 10, 2024
Each milk dealer shall pay for all milk purchased or
					 received from another milk dealer on or before the 20th day of the month
					 following the month in which the milk was purchased or received. If the
					 commissioner fixes an earlier final date for payment by a milk dealer to a
					 cooperative association of producers which is also a milk dealer with respect
					 to milk subject to regulation under a marketing order promulgated pursuant to
					 the provisions of section 258-m or
					 258-n  of the Agriculture and Markets Law,
					 such earlier date of payment shall be effective under this Part for milk
					 purchased from such cooperative.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 44 - Prompt Payment For Milk To Milk Dealers › Section 44.4 - Prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
No milk dealer shall sell or deliver milk, except on a
					 cash-on-delivery basis, to a milk dealer who has failed to make full payment on
					 or before the final date prescribed under section
					 44.3  of
					 this Part for milk purchased or received from any milk
					 dealer.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 44 - Prompt Payment For Milk To Milk Dealers › Section 44.5 - Notice of late payment

Current through Register Vol. 46, No. 28, July 10, 2024
Each milk dealer shall notify the commissioner in writing
					 of any milk dealer who has failed to pay him for milk on or before the final
					 date prescribed by this Part and whose current purchases of milk are required
					 to be made on a cash-on-delivery basis.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 45 - Avian Influenza › Section 45.2 - Entry into the state

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall enter the State of New York with any truck,
					 coop, cage, crate or other conveyance for the purpose of removing, delivering
					 or transporting live poultry unless the truck and the coop, cage, crate or
					 other conveyance is in a sanitary condition. For the purpose of this Part,
					 sanitary condition shall mean that the truck, coop, cage, crate or other
					 conveyance has been cleaned and disinfected immediately prior to its arrival
					 and that no other livestock or other poultry have used the truck or equipment
					 since it was cleaned and disinfected. The operator of the truck shall maintain
					 a record of the dates of cleanings and disinfection and shall have in his
					 possession a copy of that record, including receipts for such service if
					 performed commercially. The operator of the truck shall, upon request, present
					 the record of cleanings and disinfection to any law enforcement officer,
					 representative of the New York State Department of Agriculture and Markets, or
					 any representative of the United States Department of
					 Agriculture.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 45 - Avian Influenza › Section 45.3 - Entry upon farms

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall enter any farm in the State of New York
					 with any truck, coop, cage, crate or other conveyance for the purpose of
					 removing or delivering live poultry unless the truck and/or the coop, cage,
					 crate or other conveyance is in a sanitary condition. For the purpose of this
					 Part, sanitary condition shall mean that the truck, coop, cage, crate or other
					 conveyance has been cleaned and disinfected immediately prior to its arrival on
					 the farm and that no other livestock or poultry have used the equipment since
					 it was cleaned and disinfected. The operator of the truck shall maintain a
					 record of the dates of cleaning and disinfection and shall have in his
					 possession a copy of that record, including receipts for such service if
					 performed commercially. The operator of the truck shall, upon request, present
					 the record of cleanings and disinfection to any law enforcement officer,
					 representative of the New York State Department of Agriculture and Markets, or
					 any representative of the United States Department of
					 Agriculture.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 45 - Avian Influenza › Section 45.4 - Sanitary precautions

Current through Register Vol. 46, No. 28, July 10, 2024
All persons entering any premises containing live poultry
					 within the State of New York with any poultry truck, feed delivery and/or other
					 service vehicle shall take every sanitary precaution possible to prevent the
					 introduction or spread of avian influenza into or within the State. Said
					 precautions shall include the disinfecting of all footwear before entering and
					 after leaving any premises containing live poultry and the washing and
					 disinfecting of the cabs, tires and bodies of all vehicles between each entry
					 of a premises containing live poultry within the State. In addition, all
					 markets, auctions, sales outlets and distribution facilities containing live
					 poultry shall be maintained in a clean and sanitary manner and all coops,
					 crates, flats, containers or other equipment used to hold or handle live
					 poultry in such establishments shall be cleaned and disinfected between
					 uses.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 45 - Avian Influenza › Section 45.5 - Prohibited movement

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall move or cause to be moved live poultry
					 except in compliance with this Part. No person shall receive or accept for
					 delivery live poultry in violation of this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 45 - Avian Influenza › Section 45.6 - Avian influenza control measures

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in subdivision (f) of this section:
(a) No live poultry more than seven days old shall
				  be moved into a live poultry market other than by a poultry dealer or poultry
				  transporter holding a valid domestic animal health permit and from flocks which meet
				  the requirements of subdivision (b) of this section.
(b)
(1) No live
				  poultry more than seven days old may be moved into a live poultry market unless the
				  poultry dealer or poultry transporter possesses an approved certificate of
				  veterinarian inspection which states that either:
(i) the poultry identified thereon are moving
				  through a poultry dealer or poultry transporter from a source flock which is
				  certified by the state or country of origin as an avian influenza monitored source;
				  or
(ii) the poultry identified thereon
				  are moving through a poultry dealer or poultry transporter from a source flock in
				  which a random sample of 30 birds were tested negative for avian influenza within 10
				  days prior to the date of movement, using an official test approved by the United
				  States Department of Agriculture conducted in a laboratory approved by the United
				  States Department of Agriculture and/or the State of New York to conduct such
				  testing.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 45 - Avian Influenza › Section 45.7 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to any criminal and civil penalties otherwise
					 provided by the laws of this State and of the United States, any person
					 violating any of the provisions of this Part shall be subject to the penalty
					 provisions of section 40  of the Agriculture and Markets Law,
					 together with the quarantine and other provisions of article 5 of said
					 law.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 46 - Bovine Brucellosis (bang's Disease) › General › Section 46.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of enforcement of article 5 of the
						Agriculture and Markets Law, except where in conflict with the statutes of the
						State or with the provisions of this Part or any other Part of this Title, the
						commissioner hereby adopts the following as the program for the control and
						eradication of brucellosis:
(a) The
					 Uniform Methods and Rules for Brucellosis Eradication(effective July 1, 1986;
					 U.S. Government Printing Office, Washington, DC 20402); and
(b) Title 9 of the Code of Federal
					 Regulations (reissued as of January 1, 1988; U.S. Government Printing Office,
					 Washington, DC 20402) part 51, containing the Federal definitions and standards
					 for Animals Destroyed Because of Brucellosis at pages 109-116, and part 78,
					 entitled Brucellosis, at pages 173-208.
Copies of the Uniform Methods and Rules for Brucellosis
						Eradication and of title 9 of the Code of Federal Regulations are maintained in
						a file at the Department of Agriculture and Markets, Division of Animal
						Industry, Capital Plaza, One Winners Circle, Albany, NY 12235, and at the
						Department of State, 162 Washington Avenue, Albany, NY 12231, and are available
						for public inspection and copying during regular business
						hours.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 46 - Bovine Brucellosis (bang's Disease) › General › Section 46.2 - Program

Current through Register Vol. 46, No. 28, July 10, 2024
The program provides for Brucella Strain 19 vaccination
						of calves, four through eight months of age, and all herd and animal blood
						testing necessary for the elimination of reactors and the certification or
						recertification of areas. At the time of vaccination the veterinarian will
						identify the calf by marking its right ear by means of a "V" tattoo with the
						number indicating the quarter and the year in which vaccinated. Such tattooing,
						however, shall not be required in the case of calves otherwise permanently
						identified by owner tattoo or registration number so long as this
						identification is recorded at the time of vaccination. Special identification
						ear tags shall be inserted and recorded at the time of vaccination except in
						the case of calves identified by owner tattoo or registration number. The BRT
						(brucellosis ring test) is an integral part of the program.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 46 - Bovine Brucellosis (bang's Disease) › General › Section 46.3 - Services

Current through Register Vol. 46, No. 28, July 10, 2024
Services will be provided through State-approved
						accredited veterinarians licensed and registered with the Education Department,
						or either employees of the Department of Agriculture and Markets or United
						States Department of Agriculture. A record of vaccinations will be provided the
						herd owner or his agent.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 46 - Bovine Brucellosis (bang's Disease) › General › Section 46.4 - Swine

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall included swine to the extent of
						blood testing. Swine shall not be vaccinated under these
						regulations.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 46 - Bovine Brucellosis (bang's Disease) › General › Section 46.5 - Goats

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall include goats to the extent of
						blood testing. Goats shall not be vaccinated under these
						regulations.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter II - Animal Industry › Subchapter A - Diseases of Domestic Animals; Garbage Feeding › Part 46 - Bovine Brucellosis (bang's Disease) › General › Section 46.6 - Entering premises

Current through Register Vol. 46, No. 28, July 10, 2024
Officials engaged in the brucellosis project shall be
						authorized to enter premises to carry out eradication
						procedures.