Part 22 Interim Milk Pricing Order

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 commission…

(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 f…

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.

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

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

(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 bever…

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

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 unit…

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 amo…

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.

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.

Marketing area means all of the territory within the boundaries of the City of New York, and the counties and parts of counties set forth below together with all piers, docks, and wharves connected therewith, and all craft moored thereat, and including territory within such bound…

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 …

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 b…

(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 dis…

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 mon…

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-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.

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.

(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 paymen…

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. Federal Order 2 …

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 qua…

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 …

Person means any individual, partnership, corporation, association or other business unit, and shall be deemed to include any broker, agent, cooperative corporation and unincorporated cooperative association, as provided in the laws of the State of New York.

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 m…