New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter I - Milk Control
Subchapter B - Milk Control Orders
Part 21 - Western New York Milk Marketing Area-official Order No. 127
Payments
Section 21.67 - Payments to cooperative associations for service rendered in milk publicity, advertising, promotion and merchandising

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Any cooperative association of producers may apply to the commissioner for reimbursement of sums expended for the conduct of a campaign to increase the consumption of milk and dairy products.

(b) Such cooperative association shall make claim for reimbursement of sums expended in such a campaign, on forms provided by the commissioner, and shall have readily available for examination by the commissioner all records pertaining to such expenditures.

(c) Except as provided in section 21.68 of this Part, and subject to the provisions of subdivisions (d) and (e) of this section, the commissioner shall pay to cooperative associations from the equalization fund, the cost of milk publicity, advertising, promotion and merchandising claimed by each such cooperative association. Each such claim shall be subject to audit by the commissioner, and in no event shall the rate of reimbursement exceed a rate per hundredweight of the pool milk of the claimant cooperative association, calculated by multiplying the simple average of the monthly uniform prices as announced by the administrator of the Western New York Milk Marketing Order for the preceding calendar year by 0.8 of one percent rounded to the nearest one-half cent.

(d) Reimbursement shall be made pursuant to subdivision (c) of this section with respect to expenditures for milk publicity, advertising, promotion and merchandising which meets the following requirements:

(1) is designed to promote increased consumption of milk and dairy products within the marketing area;

(2) is conducted pursuant to a plan in which cooperatives representing at least two thirds of all producers of milk for the marketing area are active, regular contributing participants; and

(3) disseminates information as to the importance of milk and dairy products in the diet of people of all ages and its effect upon the public health.

(e) No reimbursements shall be made with respect to expenditures for milk publicity, advertising, promotion or merchandising which include or endorse any brand name, trademark, or the milk of any particular dealer or cooperative.

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