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

For purposes of making payments for producer milk and nonpool milk, a plant location adjustment shall be determined by subtracting the Class I price specified in section 21.41 of this Part from the Class I price at the plant's location. The difference, plus or minus as the case m…

Any cooperative association of producers may apply to the commissioner for a determination of its qualification to receive payments pursuant to this section. Payment shall be made only to cooperative associations, as defined in section 21.10 of this Part, which qualify as follows…

The commissioner shall designate a fiscal agent who shall establish and maintain a separate fund known as the “equalization fund” into which he shall deposit all payments made by marketers pursuant to sections 21.64 and 21.66 of this Part, and out of which, at the direction of a …

Each marketer shall make payment to the equalization fund in a manner that provides receipt of the funds by the commissioner no later than two days after the announcement of the producer price differential and the statistical uniform price pursuant to section 21.53 of this Part (…

No later than the day after the due date required for payment to the commissioner pursuant to section 21.64 of this Part (except as provided by section 21.92 of this Part), the commissioner or a person authorized by him shall direct the fiscal agent to make payment out of the equ…

(a) Whenever verification by the commissioner of reports or payments of any marketer discloses errors made in payments to or from the equalization fund, the commissioner shall promptly bill such marketer for any unpaid amount, and such marketer shall, within five days, make payme…

(a) Any cooperative association of producers may apply to the commissioner for reimbursement of sums expended for the conduct of a campaign to increase the consumption of milk and dairy products. (b) Such cooperative association shall make claim for reimbursement of sums expended…

Whenever the commissioner has reason to believe that any cooperative association is not qualified, or is not performing the functions necessary to receive payments pursuant to sections 21.62 and 21.67 of this Part, or for any other reason such payments should not be made, he may …

Producer means any person, including members of any cooperative association, who delivers milk of his own production to a pool plant or whose milk is diverted by a marketer to a designated diversion plant pursuant to section 21.17 of this Part.

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.

For the purpose of administering the terms of this Part, each marketer shall deduct from the prices otherwise to be paid to producers and cooperative associations (except a collecting cooperative which has arranged to make the reports and payments with respect to the milk of prod…

Each marketer and each collecting cooperative which has arranged to make the reports and payments with respect to the milk of producers shall, on or before the 15th day of each month, pay to the commissioner as trustee, the amounts deducted from producers on pool milk received du…

Marketer means any person who purchases or handles or sells milk produced or received by him or by another marketer from producers; provided, that any person who sells or moves into the marketing area as route disposition fluid milk products obtained from sources other than produ…

Unless otherwise provided by the commissioner in any notice of amendment, termination, or suspension of any or all of the provisions hereof, such amendment, termination or suspension shall not: (a) affect, waive or terminate any right, duty, obligation or liability which shall ha…

The bargaining agency may assist the commissioner as follows: (a) negotiate, advise and cooperate with the commissioner in regard to enforcing and carrying out the terms and provisions of this Part and for the purpose generally of carrying out the terms and provisions of chapter …

If a date required for a payment contained in this Part falls on a Saturday, Sunday, or State or national holiday, such payment will be due on the next day that the commissioner's office is open for public business.

The commissioner shall terminate this Part at the end of any month whenever he finds, after a public hearing, that the conditions which he found as the basis for the issuance of this order have ceased to exist or that such termination is favored by at least 35 percent of the prod…

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 marketer, or by the commissioner, or by any other person, the power and duty to perform such further acts shall…

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.