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 20.77 - Cooperative payments for marketwide services

Current through Register Vol. 46, No. 28, July 10, 2024
Payments shall be made to qualified cooperatives or to
						federations under the conditions, in the manner, and at the rates set forth in
						this section.
(a) Definitions. As used
					 in this section the following terms shall have the following meanings:
(1) Cooperative means a cooperative
					 association of producers which is duly incorporated under the cooperative
					 corporation laws of a State; is qualified under the Capper-Volstead Act (7 U.S.C.
					 291 et seq.); has all its activities under
					 the control of its members; and has full authority in the sale of its members'
					 milk.
(2) Federation means a
					 federation of cooperatives which is duly incorporated under the laws of a
					 State.
(3) Federated cooperatives
					 means a cooperative which is a member of a federation and on whose membership
					 the federation is an applicant for or receives payments under paragraph (f)(2)
					 of this section.
(4) Affiliated
					 cooperatives means a cooperative upon whose entire membership another
					 cooperative, by mutual consent, is an applicant for or receives payments under
					 paragraph (f)(2) of this section.
(5) Member producer means, when used with
					 respect to a cooperative or federation which is an application for or is
					 receiving payments, is a producer as defined in section
					 20.6  of this Part who
					 has met the following conditions:
(i) he is a
					 member of the cooperative or one of its affiliated cooperatives, or in the case
					 of a federation, he is a member of one of its federated cooperatives from whom
					 the cooperative, affiliated cooperative, or federated cooperative is receiving
					 at least one cent per hundredweight of milk delivered by him; provided, that
					 the cooperative of which he is a member is meeting the requirements of this
					 Part applicable to it;
(ii) he has
					 been a producer, or his farm, as defined in section
					 20.10  of this Part, had been
					 the farm of a producer for at least a prior 12-month period; and
(iii) he has not for a prior 12-month period
					 been a member producer of another cooperative or federation provided, that in
					 the case of membership transfers resulting from mergers of designated
					 organizations, or from affiliation, federation or merger of cooperatives nor
					 previously meeting the definition of paragraph (3) or (4) of this subdivision,
					 this subdivision shall not apply.
(6) Marketwide services means services
					 performed by cooperatives of federations, as defined herein, which benefit all
					 producers in the marketing of their milk under this order; such services are
					 not limited to those specified in paragraphs (e)(1) through (6) this section
					 and may include services directly or indirectly related to the order.