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) › Pool Plants and Bulk Tank Units › Section 20.28 - Temporary pool plants

Current through Register Vol. 46, No. 28, July 10, 2024
Except for plants which, pursuant to subdivision (f) of
						this section, are not eligible for designation, any plant not designated
						pursuant to section
						20.24  of this
						Part shall automatically be designated a pool plant in accordance with
						provisions of subdivisions (a) through (e) of this section: provided, that no
						plant shall be a pool plant pursuant to this section if, in the absence of this
						provision, milk received from dairy farmers and units at the plant would be
						classified and priced under another order with a provision for marketwide
						equalization, and if the percentage of the milk received from dairy farmers and
						units at the plant which is classified in Class I-A and disposed of in the
						marketing area defined in such other order is greater than the percentage of
						such milk so classified and disposed of in this marketing area: provided
						further, that for purposes of the computations of percentages set forth in this
						section, skim milk and butterfat in filled milk shall be excluded from skim
						milk and butterfat classified in Class I-A and Class I-B.
(a) For any of the months of January through
					 March and July through December, any plant at which 25 percent or more of the
					 combined receipts of skim milk and butterfat in milk from dairy farmers and
					 units is classified as Class I-A in the marketing area or as Class I-A on the
					 basis of a transfer to a pool plant on some basis other than the failure to
					 account for such milk shall automatically be designated a pool plant for such
					 month: provided, that at the option of the handler the plant shall not be a
					 pool plant if less than 25 percent of such combined receipts of skim milk and
					 butterfat in milk from other than pool units is classified in such Class
					 I-A.
(b) For any of the months of
					 April, May, or June, any plant at which during the preceding period of October,
					 November, and December either (1) no milk was received from dairy farmers or
					 units, or (2) 60 percent or more of the combined receipts of skim milk and
					 butterfat in milk received from dairy farmers and units was classified in Class
					 I-A in the marketing area or as Class I-A on the basis of a transfer to a pool
					 plant, on some basis other than the failure to account for such milk, shall
					 automatically be designated a pool plant for any of such months of April, May,
					 or June in which 10 percent or more of the combined receipts of skim milk and
					 butterfat in milk received from dairy farmers and units is classified in Class
					 I-A in the marketing area or as Class I-A on the basis of a transfer to a pool
					 plant, on some basis other than the failure to account for such milk: provided,
					 that at the option of the handler the plant shall not be a pool plant if less
					 than 10 percent of combined receipts of skim milk and butterfat in such milk
					 from other than pool units is classified in such Class I-A.
(c) Any plant which is a pool plant in any of
					 the months of April, May, or June on the basis of subdivision (b) of this
					 section or on the basis of subdivision (d) of this section and in the latter
					 case, the percentage of combined receipts of skim milk and butterfat in the
					 milk from dairy farmers and units classified in Class I-A in the marketing area
					 or as Class I-A on the basis of a transfer to a pool plant, is at least as
					 great as the market percentage of pool milk in Classes I-A and I-B for the same
					 month of the previous year, shall be a pool plant in any of the months of July
					 through March following in which 60 percent or more of the combined receipts of
					 skim milk and butterfat in milk received at the plant from dairy farmers and
					 units is classified in Class I-A, Class I-B, or Classes I-A and I-B
					 combined.
(d) Any plant which for
					 any month is not a pool plant because of failure to meet the requirements of
					 subdivision (a), (b), or (c) of this section shall be a pool plant in any month
					 in which a daily average of at least 800 pounds of combined receipts of skim
					 milk and butterfat in milk received from dairy farmers and units is classified
					 as Class I-A in the marketing area or as Class I-A on the basis of a transfer
					 to a pool plant on some basis other than failure to account for such milk and
					 if the percentage of combined receipts of skim milk and butterfat in milk
					 classified as Class I-A and Class I-B is at least as great as the market
					 percentage of pool milk in Classes I-A and I-B for the same month in the
					 preceding year: provided, that at the option of the handler, the plant shall
					 not be a pool plant if none of the skim milk or butterfat in such milk from
					 other than pool units is classified in such Class I-A: provided further, that
					 such plant shall not be a pool plant on the basis of this subdivision if it is
					 located in the 401 miles and over freight zone.
(e) A plant whose regular pool plant
					 designation has been canceled at the request of the handler on the first of any
					 of the months of August through November shall be a pool plant in any month
					 through November 30 following such cancellation if the percentage of the
					 combined receipts of skim milk and butterfat in milk received from dairy
					 farmers and units classified in Class I-A, Class I-B or Classes I-A and I-B
					 combined is at least as great as the market percentage of pool milk in Classes
					 I-A and I-B for the same month in the preceding year unless such plant
					 qualifies as a pool plant under an other order with a provision for marketwide
					 equalization.
(f) A plant shall not
					 be a pool plant on the basis of this section for the periods and under the
					 conditions set forth in paragraphs (1) and (2) of this subdivision:
(1) If the pool plant designation was
					 canceled on the first of August, September, October, or November pursuant to
					 section
					 20.27(a) 
					 of this Part for the period through November 30 except as specified in
					 subdivision (e) of this section.
(2) If the pool plant designation was
					 canceled pursuant to section
					 20.27 
					 of this Part for failure to meet the requirements of 20.26(a), for the period
					 from the date the cancellation was effective through the following June
					 30.