New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 21 - Western New York Milk Marketing Area-official Order No. 127 › Classification of Milk › Section 21.34 - Allocation of skim milk and butterfat classified

Current through Register Vol. 46, No. 28, July 10, 2024
The classification of pool milk received from producers
						by each marketer operating a pool plant and each collecting cooperative which
						has arranged to make the reports and payments with respect to the milk of
						producers, shall be determined each month pursuant to subdivisions (a), (b) and
						(c) of this section.
(a) Skim milk
					 shall be allocated in the following manner:
(1) Subtract from the pounds of skim milk in
					 each class the pounds of skim milk in exempt milk in accordance with the class
					 in which it was used or sold.
(2)
					 Subtract from the remaining pounds of skim milk in Class I milk the pounds of
					 skim milk in packaged fluid milk products received from a plant regulated by a
					 Federal Milk Marketing Order and which are classified and priced as Class I
					 milk.
(3) Subtract from the
					 remaining pounds of skim milk in each class according to its Federal order
					 classification, the pounds of skim milk in fluid milk products in bulk
					 transferred or diverted from plants regulated by a Federal Milk Marketing
					 Order.
(4) Subtract from the
					 remaining pounds of skim milk in Class I milk the pounds of skim milk in
					 inventory of fluid milk products on hand at the beginning of the month which
					 were classified and priced as Class I milk the preceding month.
(5) Subtract from the remaining pounds of
					 skim milk in Class II the pounds of skim milk in products specified in section
					 21.31(b)(3)(viii) 
					 of this Part that were in inventory at the beginning of the month in packaged
					 form or bulk form if used to produce a Class II product, but not in excess of
					 the pounds of skim milk remaining in Class II. (This paragraph only applies if
					 the plant were subject to this provision in the preceding month.)
(6) Subtract from the remaining pounds of
					 skim milk in Class II the pounds of skim milk in other source milk (except that
					 received in the form of a fluid milk product or a fluid cream product) that is
					 used to produce, or added to, any product specified in section
					 21.31(b) 
					 of this Part but not in excess of the pounds of skim milk remaining in Class
					 II.
(7) Subtract from the remaining
					 pounds of skim milk in Class I, the pounds of skim milk in route disposition of
					 fluid milk products outside the marketing area that are not distributed in the
					 marketing area of a Federal milk marketing order, other than that subtracted
					 pursuant to paragraphs (2) and (3) of this subdivision.
(8) Subtract from the remaining pounds of
					 skim milk in series beginning with Class IV the pounds of skim milk in the
					 cream associated with the pounds of fluid milk products subtracted in section
					 21.34(a)(7) and (b)(7)  of this Part. Such associated cream shall be determined
					 by using the Pearson's square method of standardization using the average
					 butterfat test of milk received from producers, a 40 percent butterfat test for
					 cream and the average butterfat test of the fluid milk products in route
					 disposition outside of the marketing area.
(9) Subtract from the pounds of skim milk
					 remaining in each class in series beginning with Class IV milk the pounds of
					 skim milk in other source milk as follows:
(i) receipts in a form other than that of a
					 fluid milk product if not subtracted pursuant to paragraph (5) or (6) of this
					 subdivision; and
(ii) receipts of
					 reconstituted skim milk in fluid milk products which are not classified and
					 priced as Class I milk by a Federal Milk Marketing Order.
(10) Subtract from the pounds of skim milk
					 remaining in Class II, III or IV milk, the remaining pounds of skim milk in
					 receipts of other source milk in the form of fluid milk products which are not
					 classified or priced by a Federal Milk Marketing Order and for which both the
					 transferor and transferee marketers request Class II, III or IV
					 utilization.
(11) Subtract from the
					 pounds of skim milk remaining in each class in series beginning with Class IV
					 milk, the pounds of skim milk in inventory of fluid milk and fluid cream
					 products in bulk on hand at the beginning of the month which were classified
					 and priced as Class IV milk the preceding month.
(12) Subtract pro rata from the pounds of
					 skim milk remaining in each class, the remaining pounds of skim milk in
					 receipts of other source milk in the form of fluid milk products which are not
					 classified or priced by a Federal Milk Marketing Order.
(13) Subtract from the remaining pounds of
					 skim milk in each class, the pounds of skim milk in the form of fluid milk
					 products received from other pool plants and in pool milk received from a
					 nonpool plant in accordance with the classification assigned by the transferee
					 marketer. The skim milk so allocated to each class shall be limited to the
					 amount remaining in such class.
(14) Subtract from the remaining pounds of
					 skim milk in each class, the pounds of skim milk in pool milk received from a
					 collecting cooperative which has arranged to make the reports and payments with
					 respect to the milk of producers in accordance with the classification assigned
					 and agreed upon by the transferor and transferee marketer. The skim milk so
					 allocated to each class is limited to the amount remaining in such
					 class.
(15) If the pounds of skim
					 milk remaining in all classes exceed the pounds of skim milk in pool milk
					 received from producers, subtract such excess from the pounds of skim milk
					 remaining in each class in series beginning with Class IV. Any amount so
					 subtracted shall be known as "overage."