New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter I - Milk Control
Subchapter B - Milk Control Orders
Part 19 - General Provisions Relating To The New York - New Jersey Milk Marketing Area
Section 19.3 - Market administrator
Universal Citation: 1 NY Comp Codes Rules and Regs ยง 19.3
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Designation. The agency for the administration of the order shall be a market administrator selected by the commissioner and subject to removal at the commissioner's discretion. The market administrator shall be entitled to compensation determined by the commissioner.
(b) Powers. The market administrator shall have the following powers with respect to the order:
(1) administer the order in accordance with
its terms and provisions;
(2) make
rules and regulations to effectuate the terms and provisions of the
order;
(3) receive, investigate,
and report complaints of violations to the commissioner; and
(4) recommend amendments to the
commissioner.
(c) Duties. The market administrator shall perform all the duties necessary to administer the terms and provisions of the order, including but not limited to the following:
(1) employ and fix the
compensation of persons necessary to enable him to exercise his powers and
perform his duties;
(2) pay out of
funds provided by the administrative assessment, except expenses associated
with functions for which the order provides a separate charge, all expenses
necessarily incurred in the maintenance and functioning of his office and in
the performance of his duties, including his own compensation;
(3) keep records which will clearly reflect
the transactions provided for in the order and, upon request by the
commissioner, surrender the records to his successor or such other person as
the commissioner may designate;
(4)
furnish information and reports requested by the commissioner and submit his
records to examination by the commissioner;
(5) announce publicly at his discretion,
unless otherwise directed by the commissioner, by such means as he deems
appropriate, the name of any handler who, after the date upon which he is
required to perform such act, has not:
(i)
made reports required by the order;
(ii) made payments required by the order;
or
(iii) made available records and
facilities as required pursuant to section
19.5
of this Part;
(6)
prescribe reports required of each handler under the order. Verify such reports
and the payments required by the order of examining records (including such
papers as copies of income tax reports, fiscal and product accounts,
correspondence, contracts, documents or memoranda of the handler, and the
records of any other persons that are relevant to the handler's obligation
under the order), by examining such handler's milk handling facilities; and by
such other investigation as the market administrator deems necessary for the
purpose of ascertaining the correctness of any report or any obligation under
the order; reclassify skim milk and butterfat received by any handler if such
examination and investigation discloses that the original classification was
incorrect;
(7) furnish each
regulated handler a written statement of such handler's accounts with the
market administrator promptly each month; furnish a corrected statement to such
handler if verification discloses that the original statement was incorrect;
and
(8) prepare and disseminate
publicly, for the benefit of producers, handlers and consumers, such statistics
and other information concerning operation of the order and facts relevant to
the provisions thereof (or proposed provisions) as do not reveal confidential
information.
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