New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter I - Milk Control
Subchapter B - Milk Control Orders
Part 20 - New York/new Jersey Milk Marketing Area (revised Official Order No. 126)
Classification
Section 20.41 - Classes of utilization
Universal Citation: 1 NY Comp Codes Rules and Regs ยง 20.41
Current through Register Vol. 46, No. 12, March 20, 2024
Subject to the conditions set forth in sections 20.42 through 20.46 of this Part, the classes of utilization shall be as follows:
(a) Class I-A milk. Class I-A milk shall be all skim milk and butterfat:
(1) disposed of
as a fluid milk product except as otherwise provided in subdivisions (c) and
(d) of this section:
(i) inside the marketing
area;
(ii) as route disposition in
another order marketing area;
(iii)
to another order plant and assigned under such other order to Class
I;
(iv) in packaged form to another
order plant if such product is not defined as a fluid milk product under such
other order; and
(v) to a partially
regulated plant under another order and there applied as an offset to Class I
sales in any other order market;
(2) contained in inventory of packaged fluid
milk products at the end of the month;
(3) in shrinkage assigned to Class I-A
pursuant to section
20.42(d)
of this Part; and
(4) not
specifically accounted for as Class I-B, Class II or Class III milk.
(b) Class I-B milk. Class I-B milk shall be all skim milk and butterfat:
(1)
Disposed of as a fluid milk product outside this or any other Federal order
marketing area except for:
(i) milk moved to a
partially regulated plant under another order and there applied as an offset to
Class I sales in any other order market; and
(ii) inventory of packaged fluid milk
products at nonpool plants that are not other order plants.
(2) In shrinkage assigned to Class
I-B pursuant to section
20.42(c)
of this Part.
(c) Class-II milk. Class-II milk shall be all skim milk and butterfat:
(1) disposed of in the form of a fluid cream
product or any product containing artificial fat, fat substitutes, or six
percent or more nonmilk fat (or oil) that resembles a fluid cream product,
except as otherwise provided in subdivision (d) of this section;
(2) in packaged inventory at the end of the
month of the products specified in paragraph (1) of this subdivision and in
bulk concentrated fluid milk products in inventory at the end of the
month;
(3) in bulk fluid milk
products and bulk fluid cream products disposed of to a commercial food
processor if the market administrator is permitted to audit the records of the
commercial food processing establishment for the purpose of verification.
Otherwise, such uses shall be Class I;
(4) used to produce:
(i) cottage cheese, lowfat cottage cheese,
dry curd cottage cheese, ricotta cheese, pot cheese, Creole cheese, and any
similar soft, high-moisture cheese resembling cottage cheese in form or
use;
(ii) milkshake and ice milk
mixes (or bases), frozen desserts, and frozen dessert mixes distributed in
one-quart containers or larger and intended to be used in soft or semi-solid
form;
(iii) aerated cream, frozen
cream, sour cream and sour half-and-half, sour cream mixtures containing
nonmilk items, yogurt and any other semi-solid product resembling a Class II
product;
(iv) eggnog, custards,
puddings, pancake mixes, buttermilk biscuit mixes, coatings, batter; and
similar products;
(v) formulas
especially prepared for infant feeding or dietary use (meal replacement) that
are packaged in hermetically sealed containers;
(vi) candy, soup, bakery products and other
prepared foods which are processed for general distribution to the public, and
intermediate products, including sweetened condensed milk, to be used in
processing such prepared food products; and
(vii) any product not otherwise specified in
this section.
(d) Class III milk. Class III milk shall be all skim milk and butterfat:
(1) Used to
produce:
(i) cream cheese and other
spreadable cheeses, and hard cheeses of types that may be shredded, grated, or
crumbled, and are not included in subparagraph (c)(4)(i) of this
section;
(ii) butter, plastic
cream, anhydrous milkfat and butteroil;
(iii) any milk product in dry form, except
nonfat dry milk;
(iv) evaporated or
sweetened condensed milk in a consumer-type package and evaporated or sweetened
condensed skim milk in a consumer-type package.
(2) In inventory at the end of the month of
unconcentrated fluid milk products in bulk form and products specified in
paragraph (c)(1) of this section in bulk form;
(3) In fluid milk products, products
specified in paragraph (c)(1) of this section, and products processed by the
disposing handler that are specified in subparagraphs (c)(4)(i)-(iv) of this
section, that are disposed of by a handler for animal feed;
(4) In fluid milk products, products
specified in paragraph (c)(1) of this section, and products processed by the
disposing handler that are specified in subparagraphs (c)(4)(i)-(iv) of this
section, that are dumped by a handler. The market administrator may require
notification by the handler of such dumping in advance for the purpose of
having the opportunity to verify such disposition. In any case, classification
under this paragraph requires a handler to maintain adequate records of such
use. If advance notification of such dumping is not possible, or if the market
administrator so requires, the handler must notify the market administrator on
the next business day following such use;
(5) In fluid milk products and products
specified in paragraph (c)(1) of this section that are destroyed or lost by a
handler in a vehicular accident, flood, fire, or in a similar occurrence beyond
the handler's control, to the extent that the quantities destroyed or lost can
be verified from records satisfactory to the market administrator;
(6) In skim milk in any modified fluid milk
product or in any product specified in paragraph (c)(1) of this section that is
in excess of the quantity of skim milk in such product that was included within
the fluid milk product definition pursuant to section
20.15 of this
Part and the fluid cream product definition pursuant to section
20.18 of this
Part; and
(7) In shrinkage assigned
pursuant to section
20.42(a)
of this Part to the receipts specified in section
20.42(a)(2)
of this Part and in shrinkage specified in section
20.42(b) and
(c) of this Part.
(e) Class III-A milk. Class III-A milk shall be all skim milk and butterfat used to produce nonfat dry milk.
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