On or before the 8th day of each month, the commissioner or a person authorized by the commissioner shall direct the fiscal agent to make payment out of the equalization fund to each dealer operating a pool plant or bulk tank unit and each cooperative which has arranged to make the reports and payments with respect to the milk of the producers, the amount by which the over-order rate computed pursuant to section 22.51 of this Part exceeds such dealer's or cooperative's net pool obligation for the second preceding month. If, at such a time, the balance in the equalization fund is insufficient to make all such payments, the commissioner shall reduce uniformly such payments and shall direct the completion of such payments as soon as the necessary funds are available. No dealer who is required to make payment pursuant to section 22.60(b) and (c) of this Part shall be deemed to be in violation of such section if the dealer reduces his payments to producers by not more than the amount of the reduction in payment from the equalization fund.
N.Y. Comp. Codes R. & Regs. Tit. 1 § 22.65