N.Y. Comp. Codes R. & Regs. tit. 1 § 40.22
At least 15 days in advance of each fiscal year, the commissioner shall announce a budget necessary for its administration and enforcement and for carrying on duly authorized programs and activities including advertising, promotion, education and publicity, marketing and product research, and informational services for encouraging the consumption of dairy products and protecting the health and welfare of consumers, as provided by the act; provided, that the commissioner may modify or revise the budget for any portion of the fiscal year if the maximum rate of assessment authorized under section 40.23 of this Part is amended, in which case he shall announce such revision in budget at least 15 days in advance of the date on which it is to become effective. The total amount of budgeted administrative costs for each fiscal year shall not exceed five percent of the total budget.
N.Y. Comp. Codes R. & Regs. Tit. 1 § 40.22