1 CRR-NY 21.51NY-CRR
1 CRR-NY 21.51
1 CRR-NY 21.51
21.51 Net pool obligation of any other marketer.
On or before the 25th day after the end of the month (except as provided in section 21.92 of this Part) a marketer who distributes packaged fluid milk products into the Western New York Milk Marketing Area (other than by receipt at a pool plant) which fluid milk products are not otherwise priced under this Part, by a Federal Milk Marketing Order, or by a State government's milk classification and pricing program that subjects the marketer's plant to market-wide pooling of producer returns shall pay to the commissioner for the equalization fund the amount computed pursuant to subdivision (a) of this section or, if the marketer submits the applicable information required pursuant to section 21.20 of this Part, the marketer may elect to pay the amount computed pursuant to subdivision (b) of this section. A marketer whose plant is subject to market-wide pooling of producer returns under a State government's milk classification and pricing program shall pay the amount computed pursuant to subdivision (c) of this section.
(a) The payment under this subdivision shall be an amount resulting from the following computations:
(1) From the plant's route disposition in the marketing area:
(i) subtract receipts of fluid milk products classified as Class I milk from pool plants, plants fully regulated under Federal orders, and including such receipts from collecting cooperatives which have arranged to make the reports and payments with respect to the milk of producers each month, except those receipts subtracted under a similar provision of a Federal milk order;
(ii) subtract receipts of fluid milk products from another nonpool plant that is not a plant fully regulated under a Federal order to the extent that an equivalent amount of fluid milk products disposed of to the nonpool plant by marketers fully regulated under any Federal order is classified and priced as Class I milk and is not used as an offset for any payment obligation under any order; and
(iii) subtract the pounds of reconstituted milk made from non-fluid milk products which are disposed of as route disposition in the marketing area.
(2) Compute a Class I differential price by subtracting the Class III price from the current month's Class I price. Multiply the pounds remaining after the computation in subparagraph (1)(iii) of this subdivision by the amount by which the Class I differential price exceeds the producer price differential, both prices to be applicable at the location of the marketer's plant except that neither the adjusted Class I differential price nor the adjusted producer price differential shall be less than zero.
(3) Unless the payment option described in subdivision (d) of this section is selected, add the amount obtained from multiplying the pounds of labeled reconstituted milk included in subparagraph (1)(iii) of this subdivision by any positive difference between the Class I price applicable at the location of the plant (less $1.00 if the reconstituted milk is labeled as such) and the Class IV price.
(b) The payment under this subdivision shall be the amount resulting from the following computations:
(1) Determine the value that would have been computed pursuant to section 21.50 of this Part for the plant if the plant had been a pool plant, subject to the following modifications:
(i) fluid milk products and bulk fluid cream products received at the plant from pool plants, plants which are fully regulated under a Federal order, and including such receipts from collecting cooperatives which have arranged to make the reports and payments with respect to the milk of producers each month shall be allocated at the plant to the same class in which such products were classified at the fully regulated plant;
(ii) fluid milk products and bulk fluid cream products transferred from the plant to pool plants or plants which are fully regulated under a Federal order shall be classified at the plant in the class to which allocated at the fully regulated plant. Such transfers shall be allocated to the extent possible to those receipts at the plant from pool plants and plants fully regulated under Federal orders that are classified in the corresponding class pursuant to subparagraph (i) of this paragraph. Any such transfers remaining after the above allocation which are in Class I and for which a value is computed pursuant to section 21.50 of this Part of similar sections of another order for the plant shall be priced at the statistical uniform price or uniform price, whichever is applicable, of the respective order regulating the handling of milk at the receiving plant, with such statistical uniform price or uniform price adjusted to the location of the nonpool plant (but not to be less than the lowest announced class price of the respective order); and
(iii) if the operator of the plant so requests, the marketer's value of milk determined pursuant to section 21.50 of this Part shall include a value of milk determined for each nonpool plant that is not a plant fully regulated under a Federal order which serves as a supply plant for the plant by making shipments to the plant during the month equivalent to the requirements of section 7(c) of a Federal order subject to the following conditions:
(a) the operator of the plant submits with its reports filed pursuant to section 21.20 of this Part similar reports for each such nonpool supply plant;
(b) the operator of the nonpool plant maintains books and records showing the utilization of all skim milk and butterfat received at the plant which are made available if requested by the commissioner for verification purposes; and
(c) the value of milk determined pursuant to section 21.50 of this Part for the unregulated supply plant shall be determined in the same manner prescribed for computing the obligation of the plant.
(2) From the plant's value of milk computed pursuant to paragraph (1) of this subdivision subtract:
(i) the gross payments that were made for milk that would have been producer milk had the plant been fully regulated;
(ii) subparagraph (1)(iii) of this subdivision applies, the gross payments by the operator of the nonpool supply plant for milk received at the plant during the month that would have been producer milk if the plant had been fully regulated; and
(iii) the payments by the operator of the plant to the producer-settlement fund of a Federal order under which the plant is a partially regulated distributing plant and, if subparagraph (1)(iii) of this subdivision applies, payments made by the operator of the nonpool supply plant to the producer-settlement fund of any Federal order.
(c) The operator of a plant that is subject to market-wide pooling of returns under a milk classification and pricing program that is imposed under the authority of a State government shall pay on or before the 25th day after the end of the month (except as provided in section 21.92 of this Part) to the market administrator for the equalization fund an amount computed as follows: After completing the computations described in subparagraph (a)(1)(ii) of this section, determine the value of the remaining pounds of fluid milk products disposed of as route disposition in the marketing area by multiplying the hundredweight of such pounds by the amount, if greater than zero, that remains after subtracting the State program's class prices applicable to such products at the plant's location from the Class I price applicable at the location of the plant pursuant to section 21.42 of this Part.
(d) Any marketer may elect to compute its net pool obligation pursuant to this section with respect to receipts of nonfluid milk ingredients that are reconstituted for fluid use. Payments may be made to the producer-settlement fund of the order regulating the producer milk used to produce the nonfluid milk ingredients at the positive difference between the Class I price applicable under the other order at the location of the plant where the nonfluid milk ingredients were processed and the Class IV price. This payment option shall apply only if a majority of the total milk received at the plant that processed the nonfluid milk ingredients is regulated under one or more Federal orders and payment may only be made to the producer-settlement fund of the order pricing a plurality of the milk used to produce the nonfluid milk ingredients. This payment option shall not apply if the source of the nonfluid ingredients used in reconstituted fluid milk products cannot be determined by the commissioner.
1 CRR-NY 21.51
Current through July 31, 2023
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