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 › Payments › Section 21.62 - Payments by the commissioner to cooperative associations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application for payments. Any cooperative
					 association of producers may apply to the commissioner for a determination of
					 its qualification to receive payments pursuant to this section.
(b) Qualifications to receive payments.
					 Payment shall be made only to cooperative associations, as defined in section
					 21.10  of
					 this Part, which qualify as follows:
(1) At
					 least three fourths of its members are producers under contract with and
					 delivering milk through such cooperative association, and, with respect to any
					 other members, the cooperative association has a satisfactory plan for either
					 terminating the membership of such producers or requiring them to sell their
					 milk under contract with or through such cooperative association.
(2) Agrees to use and uses its best efforts
					 to secure utilization of the milk of all of its members in the class or classes
					 which assure the greatest possible return to all producers.
(3) Such cooperative or, if a federation of
					 cooperatives, each member of such federation is an active member of a duly
					 organized cooperative milk producers' bargaining agency which performs services
					 for the benefit of all producers supplying the market, including the following:
(i) analyzing milk marketing problems and
					 their solutions, conducting market research and maintaining current information
					 as to market developments, preparing and assembling statistical data relative
					 to prices and marketing conditions, and making an economic analysis of such
					 data;
(ii) determining the need for
					 the formulation of amendments to this order and proposing such amendments to
					 the commissioner and requesting a hearing to consider the same; and
(iii) participating in proceedings with
					 respect to amendments to this order, including the preparation and presentation
					 of evidence at public hearings.
(4) Such cooperative has a plan which it
					 follows in keeping its members informed concerning current market
					 conditions.
(5) Such cooperative
					 association expresses approval, disapproval or its intention to abstain from
					 approval or disapproval and its reasons therefor with respect to all amendments
					 to this order as submitted by the commissioner.
(6) In the case of an operating cooperative,
					 such cooperative meets all of the following additional qualifications:
(i) Such cooperative maintains and operates a
					 plant or plants where the milk of members or nonmembers may be received and
					 handled as a service to the market.
(ii) Such cooperative maintains facilities or
					 has participating interest in cooperative facilities at all times where surplus
					 milk may be handled as a service to the market.
(iii) Such cooperative agrees to furnish milk
					 for use in Class I to any marketer who requests such milk, if such cooperative
					 has milk which is currently being used in Class II or Class III, and if the
					 marketer who so requests does not have milk being utilized in other than Class
					 I.