1 CRR-NY 21.22NY-CRR
1 CRR-NY 21.22
1 CRR-NY 21.22
21.22 Marketer responsibility for records and facilities.
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 available, any skim milk and butterfat required to be reported by such marketer for which adequate records are not available shall be considered as used in the highest-priced class.
(a) Records to be maintained.
(1) Each marketer shall maintain records of its operations (including, but not limited to, records of purchases sales, processing, packaging and disposition) as are necessary to verify whether such marketer 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 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 marketer shall keep such other specific records as the commissioner deems necessary to verify or establish such marketer's obligation under the order.
(b) Availability of records and facilities. Each marketer shall make available all records pertaining to such marketer's operations and all facilities the commissioner finds are necessary to verify the information required to be reported by the order and/or to ascertain such marketer's reporting, monetary, or other obligation under the order. Each marketer shall permit the commissioner to weigh, sample and test milk and milk products and observe plant operations and equipment and make available to the commissioner such facilities as are necessary to carry out his or her duties.
(c) Retention of records. All records required under the order to be made available to the commissioner shall be retained by the marketer 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 commissioner notifies the marketer in writing that the retention of such records, or of specified records, is necessary in connection with a proceeding related to this order or a court action specified in such notice, the marketer shall retain such records, or specified records, until further written notification from the commissioner. The commissioner 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 21.22
Current through July 31, 2023
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