N.Y. Comp. Codes R. & Regs. tit. 1 § 20.14

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

Section 20.14 - Pool milk

Pool milk means all skim milk and butterfat contained in milk except as set forth in subdivisions (a) through (k) of this section which is pumped at the farm into a tank mounted on a truck or trailer for a handler who has included such milk in a pool unit, or a partial pool unit or which is delivered direct from a farm to a pool plant or a partial pool plant but in not put into a tank truck prior to such delivery. This definition shall include any milk so delivered by a person defined in section 20.11(b)(2) of this Part, by an institution defined in section 20.11(b)(3), or by a producer-handler designated pursuant to section 20.12 which milk is produced in accordance with methods and standards of the American Association of Medical Milk Commissions for the production of certified milk and which is delivered in bulk to another handler but for marketing as other than certified milk.

(a) Milk first received at a pool plant which otherwise would be considered producer milk under another order if all of such milk is assigned to Class II or Class III pursuant to section 20.45(a)(8) of this Part and the corresponding step of section 20.45(b).

(b) Milk not approved by a duly constituted regulatory agency for fluid consumption.

(c) Milk delivered by a pool unit direct to a plant other than a pool plant or a partial pool plant if such milk is pooled as producer milk under another order.

(d) Milk which is pumped into a tank truck at the farm for delivery to a handler during any of the months of December through June if any milk from such farm was delivered to such handler as producer milk under another order during any of the preceding months of July through November unless such farm becomes part of a partial pool unit.

(e) Milk delivered to a partial pool plant set forth in section 20.29(a) of this Part and milk of a partial pool unit pursuant to section 20.25(k)(1) in excess of the quantity of such milk classified as Class I-A and Class I-B.

(f) Milk delivered to a partial pool plant set forth in section 20.29(b) of this Part and milk of a partial pool unit pursuant to section 20.25(k)(2) in excess of the quantity of such milk classified as Class I-A in the marketing area or at a pool plant except that if milk is shipped from a partial pool plant in the 401 miles and over freight zone to a plant from which 50 percent or more of the gross receipts of skim milk and butterfat in the form of fluid milk products is disposed of in consumer packages and dispenser inserts in the marketing area either by direct distribution or to other plants, all of the milk so shipped shall be considered to be pool milk except as set forth in subdivision (g) of this section.

(g) Milk delivered to a partial pool plant or a partial pool unit if in either case there is a monetary obligation on such milk under another order.

(h) Milk received from farms in Nassau and Suffolk Counties in New York, which farms are not approved for sale of milk in New York City, and milk received from farms in New York City.

(i) Own farm milk of a handler listed pursuant to section 20.11(b) of this Part not in excess of an average of 800 pounds per day if the handler is not a producer-handler designated pursuant to section 20.12, and if the volume of skim milk and butterfat in milk handled, other than that derived from own farm milk, does not exceed an average of 1,600 pounds per day.

(j) Own farm milk of an institution as defined pursuant to section 20.11(b)(3) of this Part if such milk is not delivered to a pool plant, a partial pool plant, a pool unit or a partial pool unit.

(k) All skim milk and butterfat handied by:

(1) a producer-handler designated pursuant to section 20.12 of this Part which is derived from such producer-handler's production resources and facilities except as provided in the preamble of this section; or

(2) a producer-handler pursuant to another order.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 20.14