N.Y. Comp. Codes R. & Regs. tit. 1 § 20.46

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

Section 20.46 - Rules and regulations

Accounting rules and regulations to effectuate the provisions of sections 20.40 through 20.45 of this Part shall be issued by the market administrator and shall include (but not be limited to) conversion factors to be used in the absence of specific weights and tests, specific definitions of products, specific shrinkage allowances and procedures for determining the quantities of skim milk and butterfat disposed of in specified products. Such rules and regulations shall be made, and may from time to time be amended, by the market administrator in accordance with the procedure set forth in this section; provided, that at any time upon a determination by the commissioner that an emergency exists which requires the immediate adoption of rules and regulations, the market administrator may issue, with the approval of the commissioner, temporary rules and regulations without regard to the following procedure: provided further, that if any interested person makes written request for the issuance, amendment or repeal of any rule, the market administrator shall within 30 days either issue notice of meeting pursuant to subdivision (a) of this section or deny such request and, except in affirming a prior denial or where the denial is self-explanatory, shall state the grounds for such denial; provided further, that if the market administrator finds it necessary to promulgate formal rules with respect to units, he shall follow the procedure set forth in this section.

(a) All proposed rules and regulations and amendments thereto shall be the subject of a meeting called by the market administrator at which time all interested persons shall have opportunity to be heard. Notice of such meeting shall be given by the market administrator, and a copy of the proposed rules and regulations shall be sent at least five days prior to the date of the meeting to all handlers operating pool plants. A stenographic record shall be made at all such meetings and such record shall be public information available for inspection at the office of the market administrator.

(b) A period of at least five days after the meeting held pursuant to subdivision (a) of this section shall be allowed for the filing of briefs. Such briefs shall be public information available for inspection at the office of the market administrator.

(c) Not later than 30 days after a meeting held pursuant to subdivision (a) of this section, the market administrator shall issue and send, to all handlers operating pool plants and pool units, the tentative rules and regulations or amendments thereto relating to the issues considered at such meeting, or a tentative notice that no rules or regulations or amendments thereto are to be issued prior to further consideration at another meeting. The tentative rules and regulations, or tentative notice, together with copies of the stenographic record and briefs, shall also at the same time be forwarded by the market administrator to the commissioner.

(d) Not later than 30 days after issuance by the market administrator, the commissioner shall either approve the tentative rules and regulations or tentative notice as issued, or direct the market administrator to reconsider. In the latter event, the market administrator shall within 30 days either issue revised tentative rules and regulations or tentative notice, or call another meeting pursuant to subdivision (a) of this section.

(e) The tentative rules and regulations and amendments thereto or tentative notice issued pursuant to subdivision (c) of this section shall be effective as of the first of the month following approval by the commissioner, but not sooner than 10 days after issuance by the market administrator.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 20.46