N.Y. Comp. Codes R. & Regs. tit. 1 § 20.42

Current through Register Vol. 46, No. 45, November 2, 2024

Section 20.42 - Shrinkage

For purposes of classifying all skim milk and butterfat to be reported by a handler pursuant to section 20.30 of this Part, the market administrator shall determine the following:

(a) the pro rata assignment of shrinkage of skim milk and butterfat, respectively, at each pool plant to the respective quantities of skim milk and butterfat:

(1) in the receipts specified in paragraphs (b)(1) through (5) of this section on which shrinkage is allowed pursuant to such subdivision; and

(2) in other source milk not specified in paragraphs (b)(1) through (5) of this section, which was received in the form of a bulk fluid milk product or a bulk fluid cream product;

(b) the shrinkage of skim milk and butterfat, respectively, assigned pursuant to subdivision (a) of this section to the receipts specified in paragraph (a)(1) of this section that is not in excess of:

(1) two percent of the skim milk and butterfat, respectively, in pool milk received from producers, in milk received from pool units, and in milk received from units other than pool units, exclusive of the quantity for which Class II or Class III utilization was requested by the handler;

(2) plus 1.5 percent of the skim milk and butterfat, respectively, in receipts of fluid milk products in bulk from other pool plants;

(3) plus 1.5 percent of the skim milk and butterfat, respectively, in bulk fluid milk products received by transfer from other order plants, excluding the quantity for which Class II and Class III classification is requested by the operators of both plants;

(4) plus 1.5 percent of the skim milk and butterfat, respectively, in receipts of fluid milk products in bulk from plants other than those defined in section 20.8(b) or (d) of this Part, excluding the quantity for which Class II or Class III classification is requested by the handler; and

(5) less 1.5 percent of the skim milk and butterfat, respectively, in bulk fluid milk products transferred to other plants that is not in excess of the respective amounts of skim milk and butterfat to which percentages are applied in paragraphs (1) through (4) of this subdivision; and

(c) shrinkage in excess of the amounts assigned to Class III pursuant to subdivisions (a) and (b) of this section shall be assigned pro rata to Class I-A and Class I-B in accordance with the respective volumes of skim milk and butterfat actually accounted for in each such class.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 20.42