N.Y. Comp. Codes R. & Regs. tit. 1 § 20.24

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

Section 20.24 - Regular pool plants

A plant may be designated a regular pool plant pursuant to either subdivision (a) or (b) of this section. Designation shall be applicable to the plant as such and subject to cancellation only pursuant to section 20.27 of this Part, regardless of change in the person owning or operating the plant. The market administrator shall be notified by the handlers involved of any transfer from one person to another of ownership or operation of a pool plant.

(a) Any plant shall be designated a pool plant upon determination by the commissioner that the provisions of paragraphs (1) through (4) of this subdivision have been met. Not later than the end of the month following the month in which an application is received by the commissioner pursuant to paragraph (1) of this subdivision, the commissioner shall either determine that the provisions of paragraphs (1) through (4) of this subdivision either have been met or have not been met, or notify the applicant that additional information is needed prior to making a determination. Such designation shall be effective the first of the month following the date of designation and shall continue until such designation is canceled pursuant to section 20.27 of this Part; provided, that notwithstanding the provisions of paragraphs (1) through (4) of this subdivision, any plant which for the month immediately preceding the effective date of this section, had a designation pursuant to section 20.24 as then in effect, is hereby designated a regular pool plant from the effective date of this section until such designation is canceled pursuant to section 20.27.

(1) An application by the operator of the plant for such determination has been addressed to the commissioner and filed at the office of the market administrator: provided, that if 50 percent or more of the dairy farmers delivering milk at such plant deliver such milk for the account of a cooperative association which does not operate the plant but for which milk such association receives payment, an application must be filed by such cooperative association as well as the person operating the plant.

(2) The plant is located in New York, New Jersey, or Pennsylvania.

(3) The plant was a pool plant pursuant to section 20.28(a) or (b) of this Part for each of the 12 months immediately preceding the month during which an application is filed.

(4) The operating requirements of section 20.26 of this Part are being met.

(b) A plant may be designated at any time as a regular pool plant upon application made by the person operating the plant to the commissioner showing that the plant is a replacement for one or more pool plants designated pursuant to this section, which are operated by him and that substantially all of the dairy farmers delivering milk at the plant previously delivered milk to the pool plant or plants replaced.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 20.24