reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.8 - Producer

Current through Register Vol. 46, No. 28, July 10, 2024
Producer means any dairy farmer, including members of any
						cooperative association, who sells pool milk of his own production to a pool
						plant or bulk tank unit.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.9 - Route disposition

Current through Register Vol. 46, No. 28, July 10, 2024
Route disposition means any delivery of a fluid milk
						product from a plant to a retail or wholesale outlet (including any delivery
						through a distribution depot, by a vendor, from a plant store or through a
						vending machine) except any delivery to a plant in the marketing
						area.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.10 - Dealer

Current through Register Vol. 46, No. 28, July 10, 2024
Dealer means:
(a) Any milk dealer licensed by the
					 commissioner to distribute milk in the marketing area or purchase or handle or
					 sell milk received by him from producers at a pool plant or bulk tank unit. The
					 term includes all handlers as defined pursuant to section
					 20.7  of this
					 Title.
(b) Dealer shall not mean a
					 licensed milk dealer who had distribution of class I fluid milk products in the
					 marketing area of no more than 100,000 pounds in the month preceding the
					 effective date of this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.11 - Types of cooperatives

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Cooperative means a cooperative association of dairy farmers which the
					 commissioner determines:
(1) is incorporated
					 pursuant to the provisions of the New York Cooperative Corporations Law or
					 pursuant to similar laws of other states; and
(2) is duly licensed pursuant to the
					 provisions of Article 21 of the Agriculture and Markets Law; and
(3) has full authority in the sale of its
					 members' milk and is engaged in making collective sales of or marketing milk or
					 milk products for its members; and
(4) has its entire organization and all of
					 its activities under the control of its members.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.12 - Plant

Current through Register Vol. 46, No. 28, July 10, 2024
Plant means the land, buildings, surroundings,
						facilities, and equipment, whether owned or operated by one or more persons,
						constituting a single operating unit or establishment for the receiving, or
						handling, or processing of milk or milk products as determined by the
						commissioner.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.13 - Types of plants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Pool plant means a plant of a dealer as defined in section
					 22.10  of this Part
					 approved by a health authority as a source of fluid milk products for the
					 marketing area and where milk is received from producers, pool plants or bulk
					 tank units or other plants for processing of fluid milk products for
					 distribution in the marketing area or for transfer to other plants.
(b) Nonpool plant means a plant of a dealer
					 other than a plant defined in subdivision (a) of this section with route
					 distribution in the marketing area but which has no receipts from
					 producers.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.14 - Bulk tank unit

Current through Register Vol. 46, No. 28, July 10, 2024
Bulk tank unit means a bulk tank unit as established
						pursuant to section
						20.25  of this
						Title. Pool milk received from a producer by a dealer shall be deemed to have
						been received at a bulk tank unit if such dealer is a handler as defined in
						section
						20.7  of this
						Title.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.15 - Bargaining agency

Current through Register Vol. 46, No. 28, July 10, 2024
Bargaining agency means the New York Milk Producers
						Cooperative Bargaining Agency, Inc.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.16 - Fiscal agent

Current through Register Vol. 46, No. 28, July 10, 2024
Fiscal agent means such bank or trust company as may be
						designated by the commissioner.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Definitions › Section 22.17 - Milk and milk products

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Fluid milk product means:
(1) Except as
					 provided in paragraph (2) of this subdivision fluid milk product means any milk
					 products in fluid or frozen form containing less than nine percent butterfat,
					 that are in bulk or are packaged, distributed and intended to be used as
					 beverages. Such products include, but are not limited to: milk, skim milk,
					 lowfat milk, milk drinks, buttermilk, and filled milk, including any such
					 beverage products that are flavored, cultured, modified with added nonfat milk
					 solids, concentrated (to not more than 50 percent total milk solids), or
					 reconstituted.
(2) The term "fluid
					 milk product" shall not include:
(i) plain or
					 sweetened evaporated milk, plain or sweetened evaporated skim milk, sweetened
					 condensed milk or skim milk, formulas especially prepared for infant feeding or
					 dietary use that are packaged in hermetically sealed containers, any product
					 that contains by weight less than 6.5 percent nonfat milk solids, and
					 whey;
(ii) the quantity of skim
					 milk in any modified product specified in paragraph (1) of this subdivision
					 that is in excess of the quantity of skim milk in an equal volume of an
					 unmodified product of the same nature and butterfat content;
(iii) aseptically processed fluid milk
					 products as defined in section
					 2.2  of of this Title
					 and ultrapasteurized fluid milk products as defined in section
					 2.2  of this
					 Title.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Reports and Records of Dealers › Section 22.20 - Reports of receipts and utilization

Current through Register Vol. 46, No. 28, July 10, 2024
On or before the 15th day of the month, each dealer and
						each collecting cooperative shall report for the preceding month to the
						commissioner, or his designee, and on a form prescribed by the commissioner as
						follows:
(a) With respect to each
					 dealer's pool plants and bulk tank units, shall report quantities of fluid milk
					 product contained in and represented by:
(1)
					 the receipts of milk from producers and receipts of exempt milk;
(2) the receipts of pool milk in bulk or
					 packaged form from pool plants and bulk tank units;
(3) receipts of milk from dairy farmers that
					 are not producers and receipts from plants of other than pool milk.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Reports and Records of Dealers › Section 22.21 - Producer payroll report

Current through Register Vol. 46, No. 28, July 10, 2024
Each dealer shall report with respect to producers on or
						before the 25th day of the month, such dealers producer payroll for the second
						preceding month which shall show for each producer in addition to the
						information required by State and/or Federal milk marketing orders the amount
						of the over-order rate paid to each producer.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Reports and Records of Dealers › Section 22.22 - Other reports

Current through Register Vol. 46, No. 28, July 10, 2024
At such time as the commissioner may request, each dealer
						shall report to the commissioner, in the manner and on forms prescribed, such
						other additional information as he or she may deem necessary to administer this
						Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Reports and Records of Dealers › Section 22.23 - Records and facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each dealer shall maintain and make available to the
						commissioner, or his designee, during the usual hours of business all such
						records and facilities as the commissioner deems necessary to verify the data
						reported pursuant to sections
						22.20
						through
						22.22  of this
						Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Classification of Milk › Section 22.30 - Basis of classification

Current through Register Vol. 46, No. 28, July 10, 2024
All milk required to be reported by each dealer pursuant
						to section
						22.20 
						of this Part shall be classified each month pursuant to the provisions of
						sections
						22.31
						through
						22.33 
						of this Part. If any of the water contained in the milk from which a product is
						made is removed before the product is utilized or disposed of by a dealer, the
						pounds of skim milk used or disposed of in such product shall be considered to
						be an amount equivalent to the nonfat milk solids contained in such products
						plus all the water originally associated with such solids.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Classification of Milk › Section 22.31 - Classes of utilization

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to conditions set forth in sections
						22.30 and
						22.33 
						of this Part the classes of utilization shall be as follows:
(a) Class I shall be all fluid milk products:
(1) disposed of in packaged form in the
					 marketing area; or
(2) moved to a
					 pool plant as a fluid milk product in bulk form where it is utilized or
					 allocated as class I and distributed as route distribution in the marketing
					 area.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Classification of Milk › Section 22.33 - Responsibility of dealers and the reclassification of milk

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All pool milk shall be class I milk
					 unless the dealer who first received such milk, including that moved to another
					 plant, satisfies the commissioner that such milk should be classified
					 otherwise.
(b) Any pool milk shall
					 be reclassified if verification by the commissioner discloses that the original
					 classification was incorrect.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Classification of Milk › Section 22.34 - The allocation of milk classified

Current through Register Vol. 46, No. 28, July 10, 2024
The classification of pool milk received from producers
						by each dealer operating a pool plant or bulk tank unit or nonpool 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) and (b) of this section.
(a) At pool plants and bulk tank units, the
					 dealer's receipts of fluid milk products shall be allocated as follows:
(1) Subtract from the total pounds of fluid
					 milk products in class I the pounds of fluid milk products in:
(i) Receipts of class I fluid milk products
					 from other pool plants or bulk tank units.
(ii) Receipts of exempt fluid milk products
					 used or sold as class I fluid milk products.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Minimum Price › Section 22.40 - Basic formula price

Current through Register Vol. 46, No. 28, July 10, 2024
The basic formula price for the month shall be the price
						announced by the Dairy Division, Agricultural Marketing Service, United States
						Department of Agriculture.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Minimum Price › Section 22.41 - New york-new jersey class i price

Current through Register Vol. 46, No. 28, July 10, 2024
New York-New Jersey class I price is the price for class
						I milk as announced for the marketing area at the 201-210 mile zone by the
						Market Administrator of the New York-New Jersey Milk Marketing
						Area.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Minimum Price › Section 22.42 - Minimum class i price

Current through Register Vol. 46, No. 28, July 10, 2024
Minimum class I price. The minimum class I price per
						hundredweight of pool milk shall be the basic formula price for the second
						preceding month plus $2.42.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Minimum Price › Section 22.43 - Use of equivalent or adjusted price quotation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the price specified for use in
					 computing the class price by this Part is not reported or published, the
					 commissioner may use a price determined to be equivalent to or comparable with
					 the price specified.
(b) If any
					 price quotation is affected by any subsidy or other payment by a governmental
					 agency, and if such quotation does not properly reflect such subsidy or
					 payment, the commissioner shall so adjust the quotation or resulting price as
					 to properly include such subsidy or payment in the resulting class
					 price.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Determination of Over-Order Rate › Section 22.50 - Net pool obligation of dealers

Current through Register Vol. 46, No. 28, July 10, 2024
The net pool obligation of a dealer shall be a sum of
						money computed as follows:
(a) For
					 dealers operating a pool plant or bulk tank unit and any cooperative which has
					 arranged to make the reports and payments with respect to the milk of producers
					 each month:
(1) multiply the quantity of class
					 I pool milk established pursuant to section
					 22.31(a) 
					 of this Part by the price determined in section
					 22.42  of
					 this Part; then
(2) deduct an
					 amount computed by multiplying the quantity of class I pool milk in paragraph
					 (a)(1) of this subdivision by the New York-New Jersey class I price as
					 determined in section
					 22.41 
					 of this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Determination of Over-Order Rate › Section 22.51 - Computation of the over-order rate

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall, by the 23rd day of each month,
						audit for mathematical correctness and obvious errors, the reports submitted
						for the preceding month by each dealer, and compute from all such corrected
						reports, the over-order rate, in the following manner:
(a) combine into one total the net pool
					 obligations of all dealers computed pursuant to section
					 22.50 
					 of this Part; then
(b) add the
					 amount of unreserved cash in the equalization fund; then
(c) divide the resulting amount by the total
					 hundredweight of pool milk received from producers by all dealers.
(d) subtract not more than $.05 per
					 hundredweight to provide against the contingency of errors in reports and
					 payments or for delinquencies in payment by dealers. The result shall be known
					 as the over-order rate for such month for pool milk from producers.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Payments › Section 22.60 - Time and rate of payment to producers and cooperative associations

Current through Register Vol. 46, No. 28, July 10, 2024
Each dealer who is not a cooperative association shall
						make payment to each producer or cooperative as follows:
(a) On or before the 15th day of each month
					 to each cooperative which has arranged to make the reports and payments with
					 respect to the milk of producers delivered or moved to a dealer the second
					 preceding month, at not less than the applicable price for class I milk
					 pursuant to section
					 22.42  of
					 this Part.
(b) On or before the
					 15th day of each month to each cooperative which does not report pursuant to
					 section
					 22.20 
					 of this Part but collects payment with respect to the milk of producers
					 delivered to the dealer's pool plant in the second preceding month, at not less
					 than the over-order rate computed pursuant to section
					 22.51 
					 of this Part.
(c) On or before the
					 20th day of each month, to each producer at not less than the over-order rate
					 computed pursuant to section
					 22.51 
					 of this Part for his deliveries of pool milk to the dealer during the second
					 preceding month for which payment is not made by such dealer to a cooperative
					 pursuant to subdivision (a) or (b) of this section.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Payments › Section 22.63 - Equalization fund/fiscal agent

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall designate a fiscal agent who shall
						establish and maintain a separate fund known as the "equalization fund" into
						which the fiscal agent shall deposit all payments made by dealers pursuant to
						section
						22.64 
						of this Part and out of which, at the direction of a person duly authorized by
						the commissioner, such fiscal agent shall make all payments pursuant to section
						22.65 
						of this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Payments › Section 22.64 - Payments to equalization fund

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each dealer operating a pool plant or a
					 bulk tank unit and any cooperative which has arranged to make the reports and
					 payment with respect to the milk of producers shall, on or before the 2nd day
					 of each month, pay to the fiscal agent for payment to the equalization fund the
					 amount by which his net pool obligation for the second preceding month,
					 computed pursuant to section
					 22.50(a) 
					 of this Part, exceeds:
(1) The value of pool
					 milk at the over-order rate computed pursuant to section
					 22.51 
					 of this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Payments › Section 22.65 - Payments out of the equalization fund

Current through Register Vol. 46, No. 28, July 10, 2024
On or before the 8th day of each month, the commissioner
						or a person authorized by the commissioner shall direct the fiscal agent to
						make payment out of the equalization fund to each dealer operating a pool plant
						or bulk tank unit and each cooperative which has arranged to make the reports
						and payments with respect to the milk of the producers, the amount by which the
						over-order rate computed pursuant to section
						22.51 
						of this Part exceeds such dealer's or cooperative's net pool obligation for the
						second preceding month. If, at such a time, the balance in the equalization
						fund is insufficient to make all such payments, the commissioner shall reduce
						uniformly such payments and shall direct the completion of such payments as
						soon as the necessary funds are available. No dealer who is required to make
						payment pursuant to section
						22.60(b)
						and (c)  of this Part shall be deemed to be in
						violation of such section if the dealer reduces his payments to producers by
						not more than the amount of the reduction in payment from the equalization
						fund.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Payments › Section 22.67 - Adjustment of errors in payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever verification by the commissioner
					 of reports or payments of any dealer discloses errors made in payments to or
					 from the equalization fund, the commissioner shall promptly bill such dealer
					 for any unpaid amount, and such dealer shall, within five days, make payment to
					 the fiscal agent of the amount so billed. Whenever verification discloses that
					 payment is due from the equalization fund to any dealer, the commissioner or a
					 person duly designated by him, shall as promptly as possible direct the fiscal
					 agent to make such payment to such dealer.
(b) Whenever the commissioner shall be
					 required by any of the provisions hereunder entitled "payments" to make payment
					 to a dealer from whom any amount is due to the equalization fund, the
					 commissioner may instead issue credit therefor to the extent of such amount
					 due.
(c) Whenever verification by
					 the commissioner of the payments to any producer or cooperative association,
					 for milk delivered to any dealer, discloses payments to such producer or
					 cooperative association of any amount less than is required by the provisions
					 of section
					 22.60 
					 of this Part hereunder entitled "Time and Rate of Payment to Producer and
					 Cooperative Associations," the dealer shall make up such payment to the
					 producer or cooperative association not later than the time of making payment
					 next following disclosure.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Expense of Administration › Section 22.80 - Deduction by dealers

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of administering the terms of this Part,
						each dealer shall deduct from the over-order rate otherwise to be paid to
						producers and cooperative associations (except a cooperative which has arranged
						to make the reports and payments with respect to the milk of producers) an
						amount to be determined by the commissioner but not to exceed $.05 per
						hundredweight, on all pool milk received from producers to be paid to the
						commissioner, as trustee. Such funds shall not be deemed to be State
						funds.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Expense of Administration › Section 22.81 - Payment by dealers

Current through Register Vol. 46, No. 28, July 10, 2024
Each dealer and each cooperative which has arranged to
						make the reports and payments with respect to the milk of producers shall, on
						or before the 2nd day of each month, pay to the commissioner, as trustee, the
						amounts deducted from producers on pool milk received during the second
						preceding month in accordance with the terms of section
						22.80  of
						this Part.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Miscellaneous Provisions › Section 22.90 - Continuing obligation of dealers

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise provided by the commissioner upon
						termination of any or all of the provisions hereof, such termination shall
						not:
(a) affect, waive or terminate
					 any right, duty, obligation or liability which shall have arisen or may
					 thereafter arise in connection with any provision of this order;
(b) release or waive a violation of this
					 order occurring prior to the effective date of termination; or
(c) affect or impair any right or remedies of
					 the commissioner or of any other person with respect to any such
					 violations.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Miscellaneous Provisions › Section 22.93 - Termination

Current through Register Vol. 46, No. 28, July 10, 2024
This order shall be superseded upon the date when Part 23
						of this Title becomes effective, operative and fully enforceable and such
						suspension shall continue so long as said Part 23 shall remain effective,
						operative and fully enforceable. Notwithstanding the foregoing, the interim
						price and payment obligation established herein shall be of no force and effect
						in the event that the November 3, 1997 Order of the District Court in Minnesota
						Milk Producers, et al. v. Dan Glickman, Secretary, USDA is further stayed,
						vacated or reversed, or in the event that a class I fluid differential for the
						area is otherwise established and becomes effective under the supervision of
						the USDA.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Miscellaneous Provisions › Section 22.94 - Continuing power and duty

Current through Register Vol. 46, No. 28, July 10, 2024
If, upon the termination or suspension of this Part,
						there are any obligations arising hereunder, the final accrual or ascertainment
						of which require further acts by any dealer or by the commissioner, or by any
						other person, the power and duty to perform such further acts shall continue
						notwithstanding such termination or suspension.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Miscellaneous Provisions › Section 22.95 - Liquidation

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the termination or suspension of this Part, the
						commissioner shall dispose in an equitable manner of all funds received
						pursuant to the provisions of this Part, together with claims for any funds
						which are unpaid and owing at the time of such termination or
						suspension.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 22 - Interim Milk Pricing Order › Miscellaneous Provisions › Section 22.96 - Cost of promulgation

Current through Register Vol. 46, No. 28, July 10, 2024
The cost of all proceedings necessary for the
						promulgation of this order shall be the liability of the administration fund.
						The fiscal agent shall reimburse the department from such fund for all costs
						incurred by the department in the promulgation of this order.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 23 - Dairy Assistance Program › Section 23.1 - Eligible producer

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of the Dairy Assistance Program
					 established pursuant to Agriculture and Markets Law, section
					 258-p p, eligible producer means a New
					 York State producer who was in operation on April 1, 2007 and who produced milk
					 during the 2006 calendar year.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 23 - Dairy Assistance Program › Section 23.2 - Payment limit

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of administering the payment limitations
					 prescribed by Agriculture and Markets Law, section
					 258-p p, the following shall apply:
(a) For producers who participate in the
				  Federal Milk Income Loss Contract Extension (MILCX) Program, determinations
				  under that program as to whether the producer is a combined or separate dairy
				  operation shall be used in applying the 4,800,000 pounds of milk reimbursement
				  limit established by subdivision four of Agriculture and Markets Law, section
				  258-p p.
(b) For producers who operate multiple farms
				  and do not participate in the MILCX Program, any producer using the same tax
				  identification or Social Security number for such farms shall be considered to
				  be one producer for purposes of applying the 4,800,000 pounds of milk
				  reimbursement limit established by subdivision four of Agriculture and Markets
				  Law, section
				  258-p p.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 23 - Dairy Assistance Program › Section 23.3 - Target price

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of distributing the State funding provided by
					 chapter 57 of the Laws of 2007, the target price shall be the price that
					 results in the payment rate to eligible producers in accordance with the
					 formula set forth in subdivision one of Agriculture and Markets Law, section
					 258-p p.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 23 - Dairy Assistance Program › Section 23.4 - Verification of production data

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of verifying production data pursuant to
					 subdivision two of Agriculture and Markets Law, section
					 258-p p:
(a) the production data for producers who
				  participate in the MILCX Program shall be the production information provided
				  to the department by the United States Department of Agriculture's Farm Service
				  Agency (FSA) as requested by the department pursuant to such subdivision;
				  provided, however, if the required data is not available from the FSA, the data
				  may be obtained from the producers' milk cooperative, processor or handler. In
				  the event production data is not available from any of the foregoing sources,
				  the data shall be obtained directly from producers in accordance with
				  subdivision (b) of this section;
(b) the production data for producers who do
				  not participate in the MILCX Program shall be milk marketing payment stubs,
				  bulk tank records, milk handler records, daily milk marketing records and such
				  other evidence of monthly milk marketing as the commissioner may deem
				  acceptable.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 24 - Milk Dealer Licensing Policy And Procedures › Section 24.1 - Coverage

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements and standards of this Part shall apply to
					 any person defined as a milk dealer pursuant to section 253 (4)  of the Agriculture
					 and Markets Law, unless exempted from licensing pursuant to section 257 of such
					 law.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 24 - Milk Dealer Licensing Policy And Procedures › Section 24.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who
				  proposes to purchase, handle, sell or otherwise deal in milk in a manner which
				  represents the customary function of a milk dealer shall file an application
				  for a license, setting forth the nature of the milk business the applicant
				  intends to conduct and such other information as the commissioner deems
				  necessary to determine whether the applicant qualifies for a license. For
				  purposes of reviewing and determining such applications, licenses shall be
				  classified according to the following types of milk businesses:
(1) purchase of milk;
(2) sale and distribution of milk;
(3) processing of fluid milk;
(4) manufacture of milk products;
(5) cooperative bargaining and collecting for
				  the sale of milk;
(6) brokering of
				  milk; and
(7) hauling of
				  milk.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 24 - Milk Dealer Licensing Policy And Procedures › Section 24.3 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  application for a milk dealer's license or extension of license will be
				  reviewed and investigated in accordance with the standards set forth in section 258-c  and other pertinent sections of the Agriculture and Markets Law. In the
				  event that an adjudicatory proceeding is conducted relative to an application,
				  the procedures prescribed in Part 367 of this Title shall be followed, except
				  as may otherwise be provided in this Part or in article 21 of the Agriculture
				  and Markets Law.
(b) If a hearing
				  is to be held to consider denial of an application for a milk dealer's license
				  or for an extension of a license, the hearing will be held within 15 days of
				  notice to the applicant unless he requests an adjournment to a later
				  date.
(c) A final determination on
				  an application for a milk dealer's license or for an extension of a license, or
				  for approval to purchase, merge or transfer stock of an existing milk dealer,
				  will be made within the time frames and subject to the conditions described in
				  section
				  258-c of the Agriculture and Markets
				  Law.
(d) A log of pending
				  applications for a milk dealer's license or for an extension thereof will be
				  compiled and maintained by the Division of Dairy Industry Services and made
				  available to any person for inspection or copying. The log shall contain the
				  name and address of each applicant, the date the application was received in a
				  completed form, and the type of business of milk business for which the
				  application is filed.
(e) Any
				  person who has information with respect to the qualifications of an applicant
				  for a milk dealer's license or for an extension of a license may provide such,
				  in writing, to the commissioner.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 25 - Records And Reports By Milk Dealers-official Order No. 130 › Section 25.2 - Accurate record of milk from producers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the quantity of milk delivered to a
				  milk dealer by or for the account of a producer is determined by weighing or
				  other measurement, or when the milk fat content of such milk is used as a basis
				  for payment, an accurate record of each such weighing, measurement or milk fat
				  determination shall be made at once. The record shall show the quantity of milk
				  or the fat content of such milk received for the account of each
				  producer.
(b) Each such original
				  record containing information with respect to the amount of milk received for
				  the account of one or more producers, or the fat content thereof, whether the
				  record be for one day or for more than one day, shall be dated and signed by
				  the person making the determination, and shall be preserved by the milk dealer
				  purchasing or receiving such milk, regardless of the fact that such milk dealer
				  may copy such records for the purpose of making a more permanent record for the
				  milk dealer's own use.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 25 - Records And Reports By Milk Dealers-official Order No. 130 › Section 25.3 - Monthly reports to division of dairy industry services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On or before the 15th day of each month,
				  each milk dealer operating a bulk tank unit shall file, for each such bulk tank
				  unit, an accurate report of the previous month's operation. On or before the
				  15th day of each month, each milk dealer operating a milk plant that receives
				  more than 600,000 lbs. of milk and/or milk products, yearly, for processing or
				  manufacture, shall file, for each such plant, an accurate report of the
				  previous month's operation. Each such report shall be filed with the Division
				  of Dairy Industry Services on forms provided by such division.
(b) In addition to the report required
				  pursuant to subdivision (a) of this section, each milk dealer purchasing milk
				  from producers shall, on or before the 28th day of each month, file a report of
				  payments to producers relating to milk purchased during the preceding month.
				  Each cooperative shall likewise file a report of payments to producers each
				  month for each plant or bulk tank unit it operates and for its producer-members
				  which the cooperative directs to the plant or bulk tank unit of another milk
				  dealer. All such reports shall be filed with the Division of Dairy Industry
				  Services on forms provided by such division.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 25 - Records And Reports By Milk Dealers-official Order No. 130 › Section 25.4 - Statement of receipt to producers

Current through Register Vol. 46, No. 28, July 10, 2024
Each purchaser or receiver of milk from a producer by bulk
					 tank pickup shall give the producer a written statement after each receipt of
					 milk. The statement shall give the name of the producer, the date the milk was
					 received, and the quantity of milk. The statement shall be signed by the
					 purchaser or his authorized representative. A statement of each receipt of milk
					 shall also be given by a purchaser or receiver of milk to a producer whose milk
					 is received in cans, if the producer request such in writing.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 25 - Records And Reports By Milk Dealers-official Order No. 130 › Section 25.5 - Immediate statement on tests to producers

Current through Register Vol. 46, No. 28, July 10, 2024
Each purchaser or receiver of milk from a producer shall,
					 on written request, mail or deliver to the producer, immediately after the
					 tests are made, a written statement of the percentage of butterfat found to
					 have been contained in the sample or samples representing the milk delivered by
					 such producer.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 25 - Records And Reports By Milk Dealers-official Order No. 130 › Section 25.6 - Payment statement to producers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each milk dealer or cooperative in making payment to producers shall give each
				  producer a written statement showing the following information:
(1) the name and address of the milk dealer
				  or cooperative making the payment;
(2) the period for which the statement is
				  given;
(3) the name and patron
				  number, if any, of the producer;
(4) the quantity of milk for which payment is
				  made;
(5) the butterfat content of
				  the milk, if payment is made on the basis of butterfat content;
(6) the base price per hundredweight or other
				  unit of measurement;
(7) the method
				  of arriving at such base price, whether pursuant to Federal and/or State
				  marketing order, agreement with producers or other method;
(8) the rate, or amount of all premiums,
				  subsidies, differentials, deductions, service fees, hauling charges, supply
				  expenses, costs or adjustments of any nature whatsoever, including advance
				  payments, loans and other deductions or additions, in such a manner as to
				  disclose fully the rate and basis for arriving at the amount payable to the
				  producer; and
(9) the amount
				  payable to the producer.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 25 - Records And Reports By Milk Dealers-official Order No. 130 › Section 25.7 - Annual financial reports

Current through Register Vol. 46, No. 28, July 10, 2024
Each milk dealer, except as the commissioner may otherwise
					 provide, shall file with the Division of Dairy Industry Services, not later
					 than 120 days after the end of his fiscal year, a statement of his assets,
					 liabilities and net worth at the close of the fiscal year, a statement of
					 income, expenses, profit or loss for the fiscal year, and a statement showing
					 the sources and application of funds for his business during the fiscal year.
					 Such statements, unless prepared by a certified public accountant or a licensed
					 public accountant, must be sworn to by the milk dealer or, if a corporation, by
					 a responsible officer of the same.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 25 - Records And Reports By Milk Dealers-official Order No. 130 › Section 25.8 - Availability and retention of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each milk dealer shall make available at
				  all reasonable hours, to any person designated by the commissioner, all books,
				  papers, records or financial documents relating to the purchase, receipt, sale
				  or handling of milk and to the financial condition of the milk
				  dealer.
(b) The records required
				  pursuant to this Part shall be retained for a period of at least three
				  years.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 25 - Records And Reports By Milk Dealers-official Order No. 130 › Section 25.9 - Requirements in addition to those of other orders

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements of this Part with regard to recordkeeping
					 and reports are in addition to the requirements of other orders, rules or
					 regulations issued by the commissioner.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 25 - Records And Reports By Milk Dealers-official Order No. 130 › Section 25.10 - Disclosure of milk dealer financial statements

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may, in his sole discretion, make
					 available to insurers financial statements, or portions thereof as are
					 necessary, of milk dealers participating in the milk producers security fund in
					 order to obtain insurance coverage for the milk producers security fund
					 (c.f.Agriculture and Markets Law, section
					 258-b).
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 25 - Records And Reports By Milk Dealers-official Order No. 130 › Section 25.11 to 25.12 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 26 - Notice Of Discontinuance To Producers › Section 26.1 - Advance notice to producers

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in section
					 2.6 
					 of this Title, each milk dealer, if and when discontinuing receiving milk
					 delivered in the ordinary course of dealing from a milk producer, shall give
					 such producer at least 30 days advance notice in writing prior to the proposed
					 date of such discontinuance.
New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter I - Milk Control › Subchapter B - Milk Control Orders › Part 26 - Notice Of Discontinuance To Producers › Section 26.2 - Mailing of notice

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of discontinuance to a milk producer shall be sent
					 by the dealer, certified mail, return receipt requested, and a copy of the
					 notice shall at the same time be sent to the commissioner, by first class mail,
					 directed to the attention of the Division of Dairy Industry Services. The
					 30-day period shall commence on the date of receipt of the written notice by
					 the milk producer.