Part 21 Western New York Milk Marketing Area--Official Order No. 127

(a) Pool plant means a plant, other than a pool plant pursuant to a Federal Milk Marketing Order, where milk is received from producers, is approved by a health authority for the processing of fluid milk for distribution in any part of the marketing area, and which meets the requ…

Bulk farm tank truck means a truck used to transport milk in bulk from the farms of producers to plants.

Bargaining agency means the Western New York Cooperative Milk Producers' Bargaining Agency, Inc.

Fiscal agent means such trust company as may be designated by the commissioner.

(a) Fluid milk product means: (1) that except as provided in paragraph (2) of this subdivision, any milk products in fluid or frozen form containing less than 9 percent butterfat and 6.5 percent or more nonfat solids or 2.25 percent or more true milk protein that are in bulk or a…

Milk may be diverted from a pool plant(s) by direct delivery from the farms of producers by bulk farm tank trucks to diversion plants designated by the commissioner pursuant to subdivision (a) of this section, and shall be deemed to be pool milk within the limits provided in subd…

Commercial food processing establishment means any facility other than a milk plant, to which fluid milk products and fluid cream products are disposed of that uses such receipts as ingredients in food products and has no disposition of fluid milk products or fluid cream products…

Commissioner means the Commissioner of Agriculture and Markets of the State of New York.

Each marketer shall report monthly so that the commissioner receives the report on or before the 10th day after the end of the month, in the detail and on the prescribed forms, as follows. The commissioner shall audit for mathematical correctness and obvious errors the reports th…

Marketers purchasing from collecting or operating cooperatives shall also make reports in the manner and form prescribed in section 21.20 to such collecting or operating cooperatives on or before the 5th day of each month with respect to milk received during the preceding month.

Each marketer shall maintain and retain records of its operations and make such records and facilities available to the commissioner. If adequate records of a marketer, or of any other persons, that are relevant to the obligation of such marketer are not maintained and made avail…

Western New York Milk Marketing Area means all territory, including government institutions or reservations, within the Counties of Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Seneca, Wayne and Wyoming; the Townships of Freedom and Yorkshire in Cattaraugus Count…

(a) The skim milk and butterfat required to be reported by each marketer as set forth in section 21.20 of this Part shall be classified each month pursuant to the provisions of sections 21.31 through 21.34. If any of the water contained in the milk from which a product is made is…

Subject to the conditions set forth in sections 21.30 and 21.32 through 21.34 of this Part, the classes of utilization shall be as follows: (a) Class I milk shall be all skim milk and butterfat: (1) utilized and disposed of as a fluid milk product in packaged form; (2) moved to a…

Shrinkage shall be classified at each pool plant as follows: (a) Compute the total shrinkage of skim milk and butterfat, respectively. (b) Such shrinkage shall be assigned pro rata to each class of use in accordance with the respective volumes of skim milk and butterfat actually …

(a) All skim milk and butterfat shall be Class I milk unless the marketer who first received such skim milk and butterfat, including that diverted as pool milk or otherwise moved to any other plant, satisfies the commissioner that such skim milk and butterfat should be classified…

The classification of pool milk received from producers by each marketer operating a pool 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), …

Class prices per hundredweight of milk containing 3.5 percent butterfat, component prices, and advanced pricing factors shall be as follows. The prices and pricing factors described in subdivisions (a), (b), (c), (e), (f) and (q) of this section shall be based on a weighted avera…

The Class I differential shall be the differential established for Monroe County which is reported in section 21.42(a) of this Part. The Class I price shall be the price computed pursuant to section 21.40(a) of this Part for Monroe County.

(a) The Class I differential adjusted for location to be used in section 21.40(b) and (c) of this Part shall be as follows: (b) If the location of a plant is not in one of the counties listed in subdivision (a) of this section, the Class I differential for that location is as spe…

(a) on or before the fifth day of the month, the commissioner shall announce the following prices for the preceding month: (1) the Class II price; (2) the Class II butterfat price; (3) the Class III price; (4) the Class III skim milk price; (5) the Class IV price; (6) the Class I…

(a) If for any reason a price or pricing constituent required for computing the prices described in section 21.40 of this Part is not available, the commissioner shall use a price or pricing constituent determined by him to be equivalent to the price or pricing constituent that i…

Federal Milk Marketing Order means an order issued by the Secretary of Agriculture of the United States, pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937 as amended, regulating the handling of milk in an area described in such order.

For the purpose of computing the net pool obligation of any marketer operating a pool plant and any collecting cooperative which has arranged to make the reports and payments with respect to the milk producers each month, the commissioner shall determine for each month the value …

On or before the 25th day after the end of the month (except as provided in section 21.92 of this Part) a marketer who distributes packaged fluid milk products into the Western New York Milk Marketing Area (other than by receipt at a pool plant) which fluid milk products are not …

For each month, the commissioner shall compute a producer price differential per hundredweight. The report of any marketer who has not made payments required pursuant to section 21.64 of this Part for the preceding month shall not be included in the computation of the producer pr…

On or before the 14th day after the end of the month, or up to two additional business days thereafter if the 14th occurs on non-business day, the commissioner shall announce the following prices and information: (a) the producer price differential; (b) the protein price; (c) the…