Part 40 New York Dairy Promotion Order

Persons subject to or affected by this Part shall be: (a) all producers as defined in this Part; and (b) all milk dealers as defined in this Part who receive milk from producers.

An advisory board consisting of 10 members shall be appointed by the commissioner to advise and assist in the administration of this Part. Each member of the advisory board shall be an individual producer, including any individual who is active in a partnership, corporation, asso…

The commissioner shall accept nominations of individual producers for the advisory board which have been submitted in accordance with the following procedure: (a) The commissioner shall notify in writing each farm organization whose membership is known to include producers as def…

The commissioner shall appoint the members of the advisory board and determine their acceptance in accordance with the following procedure: (a) For each of the organizations or joint organizations listed in this subdivision (or any successor thereto), one of the nominees endorsed…

The term of office for each member of the advisory board shall be three years and successor members shall be appointed by the commissioner in accordance with the provisions of sections 40.14 and 40.15 of this Part to coincide with the three-year term.

A member of the advisory board shall be disqualified for any of the following reasons: (a) He ceases to be a producer as defined in this Part; and (b) By executive disqualification by the commissioner on recommendation of a majority vote of the advisory board when the member's co…

In the event of a vacancy on the advisory board created by an appointee's failure to qualify for or accept membership, or which is caused by the death, resignation or disqualification of a member, the commissioner shall appoint an individual producer to serve for the duration of …

It shall be the duty and responsibility of the advisory board to advise and assist the commissioner in all matters pertaining to the administration of this Part, subject only to such limitation as may be prescribed in section 258-t of the Agriculture and Markets Law. The advisory…

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

A simple majority of the advisory board members shall be necessary to constitute a quorum. A simple voting majority present shall be required to pass any motion or approve any advisory board action. At assembled meetings all votes shall be cast in person.

The members of the advisory board shall not receive salaries, but each member shall be reimbursed for his actual and reasonable expenses while attending a meeting or committee meeting of the advisory board or in performing a duty necessary to the functions and activities of the a…

At least 15 days in advance of each fiscal year, the commissioner shall announce a budget necessary for its administration and enforcement and for carrying on duly authorized programs and activities including advertising, promotion, education and publicity, marketing and product …

The commissioner shall announce a rate of assessment for each fiscal year to provide adequate funds to defray expenditures in the budget, and there shall be credited against any such assessment the amount per hundredweight otherwise paid by any producer subject to this Part, by v…

The rate of assessment fixed by the commissioner pursuant to section 40.23 of this Part upon milk delivered by producers shall be collected as follows: (a) Each milk dealer shall deduct from the price otherwise to be paid to producers or collecting cooperatives (other than produc…

Any assessments paid to the commissioner by cooperative associations prior to the effective date of this Part to defray the expense of promulgating, administering and enforcing the order until such time as the assessment as provided pursuant to section 40.23 of this Part is adequ…

Not later than the 28th day of each month, except as the commissioner may otherwise provide, each milk dealer, including a milk dealer handling only milk of his own production, shall file with the division at Albany, on forms provided for that purpose, an accurate report covering…

Each milk dealer shall maintain accurate records, books of accounts and other data readily available at his or its office or other principal places of business which shall verify the quantity of milk received from producers. Such records shall establish for each plant or other re…

When the quantity of milk delivered to a milk dealer by or for the account of a producer is determined by weighing, or otherwise, an accurate record of each such determination showing the quantity of milk received for the account of each such producer shall be made at once. Each …

Each milk dealer shall make available at his office at all reasonable hours to any employee designated by the commissioner all books, papers, records or documents relating to the purchase of milk from producers.

Division means the Division of Dairy Industry Services of the Department of Agriculture and Markets of the State of New York.

All records required pursuant to this Part to be made available to the commissioner shall be retained by the milk dealer for a period of three years to begin at the end of the month to which such records pertain. If, within the three-year period the commissioner notifies the milk…

The commissioner, with the advice and assistance of the advisory board, is hereby authorized to contract with any person or persons to carry on or cause to be carried on such advertising, promotion, education and publicity programs as he may believe will create new markets for th…

The commissioner, with the advice and assistance of the advisory board, is hereby authorized to contract with any person or persons to carry on or cause to be carried on milk marketing and/or dairy product research and to expend such monies as may be available pursuant to this Pa…

The commissioner, with the advice and assistance of the advisory board, is hereby authorized to contract with any person or persons to provide for informational services designed to keep producers and others informed on milk marketing and dairy product research, promotion, advert…

The monies deposited in the dairy promotion fund shall be disbursed by the commissioner with the advice and assistance of the advisory board for the necessary expenses incurred with respect to this Part. All such disbursements shall be made in the manner prescribed by the act and…

The commissioner, with the advice and assistance of the advisory board, shall prepare and publish a report each year for the benefit of producers which shall contain information on the promotion programs carried on during the preceding year, the expenditure of funds for each such…

The provisions of this Part or any amendments thereto shall become effective at such time as the commissioner may declare and shall continue in force until suspended or terminated by him in accordance with the act. This Part shall continue in effect on and after May 1, 1984 if no…

The commissioner may amend, suspend or terminate any or all provisions of this Part in accordance with the provisions of the act and any rules and regulations promulgated by him to effectuate the provisions and intent thereof.

If, upon amendment, suspension or termination of any or all provisions of this Part, there are any obligations arising hereunder the final accrual or ascertainment of which requires further acts by any milk dealer, or by the commissioner, or by any other person, the power and dut…

Unless otherwise provided by the commissioner in any notice of amendment, suspension or termination 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 hav…

Dairy products mean milk and products derived therefrom and products of which milk or a portion thereof is a significant part.

Upon the termination of this Part, the commissioner shall dispose of all funds received hereunder in an equitable manner, together with claims to any such funds which are unpaid and owing at the time of termination and which are in accordance with the intent of the act and the pr…

The rate of assessment to be paid pursuant to this Part is hereby established as follows: 7 ½ cents per hundredweight for the period May 1, 1988, through April 30, 1989, on all milk received from producers, including each milk dealer's own production of milk handled for sale.

Person means any individual, partnership, corporation, cooperative association, unincorporated cooperative association or other business unit.

Producer means any person in the State of New York who is engaged in the production of milk in a quantity which exceeds family and on-farm use or who causes milk to be produced for any market in this or any other state.

Advisory board means those producers who are appointed by the commissioner pursuant to section 40.15 of this Part to advise and assist him in administering this Part.