1 CRR-NY 19.5NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 1. DEPARTMENT OF AGRICULTURE AND MARKETS
CHAPTER I. MILK CONTROL*
SUBCHAPTER B. MILK CONTROL ORDERS
PART 19. GENERAL PROVISIONS RELATING TO THE NEW YORK - NEW JERSEY MILK MARKETING AREA
1 CRR-NY 19.5
1 CRR-NY 19.5
19.5 Handler responsibility for records and facilities.
(a) Each handler shall maintain and retain records of his operations and make such records and his facilities available to the market administrator. If adequate records of a handler, or of any other persons, that are relevant to the obligation of such handler, are not maintained and made available, any skim milk and butterfat required to be reported by such handler, for which adequate records are not available, shall not be considered accounted for or established as used in class other than the highest priced class.
(b) Records to be maintained.
(1) Each handler shall maintain records of his operations (including but not limited to records of purchases, sales, processing, packaging, and disposition) as are necessary to verify whether such handler has any obligation under the order, and, if so, the amount of such obligation. Such records shall be such as to establish for each plant or other receiving point for each month:
(i) the quantities of skim milk and butterfat contained in, or represented by, products received in any form, including inventories on hand at the beginning of the month, according to form, time, and source of each receipt;
(ii) the utilization of all skim milk and butterfat showing the respective quantities of such skim milk and butterfat in each form disposed of or on hand at the end of the month; and
(iii) payments to producers, dairy farmers and cooperative associations, including the amount and nature of any deductions and the disbursement of money so deducted.
(2) Each handler shall keep such other specific records as the market administrator deems necessary to verify or establish such handler's obligation under the order.
(c) Availability of records and facilities.
Each handler shall make available all records pertaining to such handler's operations, and all facilities the market administrator finds are necessary for such market administrator to verify the information required to be reported by the order and/or to ascertain such handler's reporting, monetary, or other obligation under the order. Each handler shall permit the market administrator to weigh, sample and test milk and milk products and observe plant operations and equipment and make available to the market administrator such facilities as are necessary to carry out his duties.
(d) Retention of records.
All records required under the order to be made available to the market administrator shall be retained by the handler for a period of three years, to begin at the end of the month to which such records pertain. If, within such three-year period, the market administrator notifies the handler in writing that the retention of such records, or of specified records, is necessary in connection with a proceeding under section 8-c (15)(A) of the act or a court action specified in such notice, the handler shall retain such records, or specified records, until further written notification from the market administrator. The market administrator shall give further written notification to the handler promptly upon the termination of the litigation or when the records are no longer necessary in connection therewith.
1 CRR-NY 19.5
Current through July 31, 2023
End of Document