N.Y. Comp. Codes R. & Regs. tit. 1, § 21.16 – Milk and milk products.

(a) Fluid milk product means:
1. (1) that except as provided in paragraph (2) of this subdivision, any milk products in fluid or frozen form containing less than nine percent butterfat that are in bulk or are packaged, distributed and intended to be used as beverages. Such products include, but are not limited to: milk, fat-free milk, lowfat milk, light milk, reduced fat milk, milk drinks, and cultured buttermilk, including any such beverage products that are flavored, cultured, modified with added nonfat milk solids, concentrated meaning milk that contains not less than 25.5 percent and not more than 50 percent total milk solids, or reconstituted.
2. (2) The term fluid milk product shall not include:
  1. (i) plain or sweetened evaporated milk/skim milk, sweetened condensed milk/skim milk, formulas especially prepared for infant feeding or dietary use (meal replacement) that are packaged in hermetically sealed containers, any product that contains by weight less than 6.5 percent nonfat milk solids, and whey; and
  2. (ii) the quantity of skim milk in any modified product specified in paragraph (2) of this subdivision that is in excess of the quantity of skim milk in an equal volume of an unmodified product of the same nature and butterfat content.
(b) Fluid cream product means cream (other than plastic cream or frozen cream), including sterilized cream or a mixture of cream and milk or skim milk containing 9.0 percent or more butterfat with or without the addition of other ingredients.
(c) Pool milk means:
1. (1) Except as provided in paragraph (2) of this subdivision, any skim milk and butterfat in milk received directly at a pool plant from producers (including milk from the marketer's own farm or a municipal farm which is not exempt from pooling) or which the marketer diverts by direct delivery from the farms of producers to a designated diversion plant. All milk received pursuant to this paragraph shall be priced at the location of the plant where it is first physically received.
2. (2) Pool milk shall not include:
  1. (i) milk of producers diverted in excess of the limits prescribed in section 21.17 of this Part; and
  2. (ii) milk of producers assigned pursuant to section 21.34(a)(7), (8) and (b)(7), (8) of this Part.
(d) Exempt milk is a quantity not to exceed 1,500 quarts daily which was produced by the marketer and processed, packaged and sold as route distribution and/or which was used on such farm and any quantity received from a farm owned and operated by a municipal corporation to the extent that an equal quantity of milk is returned to and used by such municipal corporation.
(e) Other source milk means all skim milk and butterfat contained in or represented by:
1. (1) receipts in the form of fluid milk products from any source other than receipts of pool milk from producers or other plants;
2. (2) receipts in the form of fluid cream products; and
3. (3) receipts in a form other than a fluid milk product or fluid cream product (including those produced at the plant during a prior month) which are reprocessed, converted or combined with another product during the month, or for which the marketer fails to establish a disposition.