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) › General Provisions and Definitions › Section 20.14 - Pool milk

Current through Register Vol. 46, No. 28, July 10, 2024
Pool milk means all skim milk and butterfat contained in
						milk except as set forth in subdivisions (a) through (k) of this section which
						is pumped at the farm into a tank mounted on a truck or trailer for a handler
						who has included such milk in a pool unit, or a partial pool unit or which is
						delivered direct from a farm to a pool plant or a partial pool plant but in not
						put into a tank truck prior to such delivery. This definition shall include any
						milk so delivered by a person defined in section
						20.11(b)(2) 
						of this Part, by an institution defined in section
						20.11(b)(3),
						or by a producer-handler designated pursuant to section
						20.12  which milk
						is produced in accordance with methods and standards of the American
						Association of Medical Milk Commissions for the production of certified milk
						and which is delivered in bulk to another handler but for marketing as other
						than certified milk.
(a) Milk first
					 received at a pool plant which otherwise would be considered producer milk
					 under another order if all of such milk is assigned to Class II or Class III
					 pursuant to section
					 20.45(a)(8) 
					 of this Part and the corresponding step of section
					 20.45(b).
(b) Milk not approved by a duly constituted
					 regulatory agency for fluid consumption.
(c) Milk delivered by a pool unit direct to a
					 plant other than a pool plant or a partial pool plant if such milk is pooled as
					 producer milk under another order.
(d) Milk which is pumped into a tank truck at
					 the farm for delivery to a handler during any of the months of December through
					 June if any milk from such farm was delivered to such handler as producer milk
					 under another order during any of the preceding months of July through November
					 unless such farm becomes part of a partial pool unit.
(e) Milk delivered to a partial pool plant
					 set forth in section
					 20.29(a) 
					 of this Part and milk of a partial pool unit pursuant to section
					 20.25(k)(1) 
					 in excess of the quantity of such milk classified as Class I-A and Class
					 I-B.
(f) Milk delivered to a
					 partial pool plant set forth in section
					 20.29(b) 
					 of this Part and milk of a partial pool unit pursuant to section
					 20.25(k)(2) 
					 in excess of the quantity of such milk classified as Class I-A in the marketing
					 area or at a pool plant except that if milk is shipped from a partial pool
					 plant in the 401 miles and over freight zone to a plant from which 50 percent
					 or more of the gross receipts of skim milk and butterfat in the form of fluid
					 milk products is disposed of in consumer packages and dispenser inserts in the
					 marketing area either by direct distribution or to other plants, all of the
					 milk so shipped shall be considered to be pool milk except as set forth in
					 subdivision (g) of this section.
(g) Milk delivered to a partial pool plant or
					 a partial pool unit if in either case there is a monetary obligation on such
					 milk under another order.
(h) Milk
					 received from farms in Nassau and Suffolk Counties in New York, which farms are
					 not approved for sale of milk in New York City, and milk received from farms in
					 New York City.
(i) Own farm milk of
					 a handler listed pursuant to section
					 20.11(b) 
					 of this Part not in excess of an average of 800 pounds per day if the handler
					 is not a producer-handler designated pursuant to section
					 20.12, and if
					 the volume of skim milk and butterfat in milk handled, other than that derived
					 from own farm milk, does not exceed an average of 1,600 pounds per
					 day.
(j) Own farm milk of an
					 institution as defined pursuant to section
					 20.11(b)(3) 
					 of this Part if such milk is not delivered to a pool plant, a partial pool
					 plant, a pool unit or a partial pool unit.
(k) All skim milk and butterfat handied by:
(1) a producer-handler designated pursuant to
					 section
					 20.12  of this
					 Part which is derived from such producer-handler's production resources and
					 facilities except as provided in the preamble of this section; or
(2) a producer-handler pursuant to another
					 order.