N.Y. Comp. Codes R. & Regs. tit. 1 § 40.23
The commissioner shall announce a rate of assessment for each fiscal year to provide adequate funds to defray expenditures in the budget, and there shall be credited against any such assessment the amount per hundredweight otherwise paid by any producer subject to this Part, by voluntary contribution or otherwise, pursuant to the Niagara Frontier and Rochester milk marketing orders and any other State or Federal milk marketing order for any similar research, promotion or advertising program. The rate of assessment shall apply to all milk delivered by producers to milk dealers for sale (including the milk of a milk dealer's own production handled for sale) and shall not exceed a rate per hundredweight which corresponds with the simple average uniform price for the New York - New Jersey Milk Marketing Order (1 NYCRR, Part 20) at the 201-210 milk zone for 3.5 percent butterfat milk for the preceding calendar year, rounded to the nearest whole cent, as set forth in the following schedule:
Simple Average Uniform Price for Preceding Calendar Year | Maximum Rate of Assessment |
Dollars Per Hundredweight | |
(Range) | |
10.01-10.75 | .065 |
10.76-11.50 | .070 |
11.51-12.25 | .075 |
12.26-13.00 | .080 |
13.01-13.75 | .085 |
13.76-14.50 | .090 |
14.51-15.25 | .095 |
15.26-16.00 | .100 |
In the event the average uniform price for the New York - New Jersey order for the preceding calendar year does not fail within the ranges listed in the foregoing schedule, such schedule shall be extended by the same incremental amounts.
N.Y. Comp. Codes R. & Regs. Tit. 1 § 40.23