[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2003 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

                    7


          Parts 1000 to 1199

          Milk Orders
                         Revised as of January 1, 2003

Agriculture





          Containing a codification of documents of general 
          applicability and future effect
          As of January 1, 2003
          With Ancillaries
          Published by:
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
  Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area 
                              (202) 512-1800
      Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001



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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 7:
    Subtitle B--Regulations of the Department of Agriculture 
      (Continued)
          Chapter X--Agricultural Marketing Service (Marketing 
          Agreements and Orders; Milk), Department of 
          Agriculture                                                5
  Finding Aids:
      Table of CFR Titles and Chapters........................     255
      Alphabetical List of Agencies Appearing in the CFR......     273
      List of CFR Sections Affected...........................     283



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                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  7 CFR 1000.1 refers 
                       to title 7, part 1000, 
                       section 1.

                     ----------------------------

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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2003), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
[email protected].

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll free, 
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ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
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Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-
free). E-mail, [email protected].

[[Page vii]]

    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

January 1, 2003.



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                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2003.

    The Food and Nutrition Service current regulations in the volume 
containing parts 210-299, include the Child Nutrition Programs and the 
Food Stamp Program. The regulations of the Federal Crop Insurance 
Corporation are found in the volume containing parts 400-699.

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199. Part 900--General Regulations is carried as a note in the 
volume containing parts 1000-1199, as a convenience to the user.

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

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                          TITLE 7--AGRICULTURE




                 (This book contains parts 1000 to 1199)

  --------------------------------------------------------------------
                                                                    Part

  SUBTITLE B--Regulations of the Department of Agriculture (Continued)

chapter x--Agricultural Marketing Service (Marketing 
  Agreements and Orders; Milk), Department of Agriculture...        1000

[[Page 3]]

  Subtitle B--Regulations of the Department of Agriculture (Continued)

[[Page 4]]

[GRAPHIC] [TIFF OMITTED] TC18SE91.000


[[Page 5]]



  CHAPTER X--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
                 Orders; Milk) DEPARTMENT OF AGRICULTURE




  --------------------------------------------------------------------
Part                                                                Page
900             General regulations [Note]..................           7
1000            General provisions of Federal milk marketing 
                    orders..................................          37
1001            Milk in the Northeast marketing area........          99
1002-1004       [Reserved]

1005            Milk in the Appalachian marketing area......         110
1006            Milk in Florida marketing area..............         122
1007            Milk in the Southeast marketing area........         131
1011-1013       [Reserved]

1030            Milk in the Upper Midwest marketing area....         143
1032            Milk in the Central marketing area..........         156
1033            Milk in the Mideast marketing area..........         168
1036-1120       [Reserved]

1124            Milk in the Pacific Northwest marketing area         180
1125            [Reserved]

1126            Milk in the Southwest marketing area........         194
1131            Milk in Arizona-Las Vegas marketing area....         204
1132-1134       [Reserved]

1135            Milk in the Western marketing area..........         214
1136-1139       [Reserved]

1140            Dairy forward pricing pilot program.........         225
1150            Dairy promotion program.....................         227
1151-1159       [Reserved]

1160            Fluid milk promotion program................         238
1161-1199       [Reserved]

[[Page 7]]

                                  NOTE

   7 CFR part 900, the general regulations with respect to marketing 
 agreements and orders, is herein set forth for convenience of users of 
                              this volume.



PART 900--GENERAL REGULATIONS

   Subpart--Rules of Practice and Procedure Governing Proceedings to 
           Formulate Marketing Agreements and Marketing Orders

Sec.
900.1 Words in the singular form.
900.2 Definitions.
900.3 Proposals.
900.4 Institution of proceeding.
900.5 Docket number.
900.6 Judges.
900.7 Motions and requests.
900.8 Conduct of the hearing.
900.9 Oral and written arguments.
900.10 Certification of the transcript.
900.11 Copies of the transcript.
900.12 Administrator's recommended decision.
900.13 Submission to Secretary.
900.13a Decision by Secretary.
900.14 Execution of and issuance of marketing agreements and marketing 
          orders.
900.15 Filing; extensions of time; effective date of filing; and 
          computation of time.
900.16 Ex Parte communications.
900.17 Additional documents to be filed with hearing clerk.
900.18 Hearing before Secretary.

Subpart--Rules of Practice Governing Proceedings on Petitions To Modify 
                 or To Be Exempted From Marketing Orders

900.50 Words in the singular form.
900.51 Definitions.
900.52 Institution of proceeding.
900.52a Answer to petition.
900.52b Amended pleadings.
900.53 Withdrawal of petition.
900.54 Docket number.
900.55 Judges.
900.56 Consolidated hearings.
900.57 Intervention.
900.58 Prehearing conferences.
900.59 Motions and requests.
900.60 Oral hearings before judge.
900.61 Depositions.
900.62 Subpenas.
900.63 Fees and mileage.
900.64 The Administrative Law Judge's decision.
900.65 Appeals to Secretary: Transmittal of record.
900.66 Consideration of appeal by the Secretary and issuance of final 
          order.
900.67 [Reserved]
900.68 Applications for reopening hearings; for rehearings or 
          rearguments of proceedings; or for reconsideration of orders.
900.69 Filing; service; extensions of time; effective date of filing; 
          and computation of time.
900.70 Applications for interim relief.
900.71 Hearing before Secretary.

Subpart--Supplemental Rules of Practice for Marketing Orders, Marketing 
 Agreements, and Requirements Issued Pursuant to 7 U.S.C. 608b(b) and 7 
            U.S.C. 608e Covering Fruits, Vegetables, and Nuts

900.80 Words in the singular form.
900.81 Definitions.
900.82 Stipulation procedures.

Subpart--Procedure Governing Meetings To Arbitrate and Mediate Disputes 
                Relating to Sales of Milk or Its Products

900.100 Words in the singular form.
900.101 Definitions.
900.102 Filing of applications for mediation or arbitration.
900.103 Application for mediation.
900.104 Inquiry by the Administrator.
900.105 Notification.
900.106 Assignment of mediator.
900.107 Meetings.
900.108 Mediator's report.
900.109 Mediation agreement.
900.110 Application for arbitration.
900.111 Inquiry by the Administrator.
900.112 Notification.
900.113 Submission.
900.114 Designation of arbitrator.
900.115 Hearing.
900.116 Award.
900.117 Approval of award.
900.118 Costs.

                   Subpart--Miscellaneous Regulations

900.200 Definitions.
900.201 Investigation and disposition of alleged violations.
900.210 Disclosures of information.
900.211 Penalties.

   Subpart--Procedure for Conduct of Referenda to Determine Producer 
   Approval of Milk Marketing Orders To Be Made Effective Pursuant to 
        Agricultural Marketing Agreement Act of 1937, as Amended

900.300 General.
900.301 Definitions.
900.302 Associations eligible to vote.
900.303 Conduct of referendum.
900.304 Who may vote.
900.305 Duties of referendum agent.
900.306 Notice of the referendum.

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900.307 Time for voting.
900.308 Tabulation of ballots.
900.309 Confidential information.
900.310 Supplementary instructions.
900.311 Submittals or requests.

Subpart--Procedure for Determining the Qualification of Cooperative Milk 
                         Marketing Associations

900.350 General statement.
900.351 Applications for qualification.
900.352 Confidential information.
900.353 Qualification standards.
900.354 Inspection and investigation.
900.355 Annual reporting.
900.356 Listing of qualified associations.
900.357 Denial of application; suspension or revocation of determination 
          of qualification.

   Subpart--Procedure for the Conduct of Referenda in Connection With 
   Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the 
        Agricultural Marketing Agreement Act of 1937, as Amended

900.400 General.
900.401 Definitions.
900.402 Voting.
900.403 Instructions.
900.404 Subagents.
900.405 Ballots.
900.406 Referendum report.
900.407 Confidential information.

                       Subpart--Public Information

Availability of Program Information, Staff Manuals and Instructions, and 
                            Related Material

900.500 General.
900.501 Public inspection and copying.
900.502 Indexes.
900.503 Requests for records.
900.504 Appeals.

                     Subpart--Information Collection

900.600 General.
900.601 OMB control numbers assigned pursuant to the Paperwork Reduction 
          Act.

    Source: 25 FR 5907, June 28, 1960, unless otherwise noted.

   Subpart--Rules of Practice and Procedure Governing Proceedings to 
           Formulate Marketing Agreements and Marketing Orders

    Authority: Sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610.

Sec. 900.1  Words in the singular form.

    Words in this subpart in the singular form shall be deemed to import 
the plural, and vice versa, as the case may demand.

Sec. 900.2  Definitions.

    As used in this subpart, the terms as defined in the Act shall apply 
with equal force and effect. In addition, unless the context otherwise 
requires:
    (a) The term Act means Public Act No. 10, 73d Congress (48 Stat. 
31), as amended and as reenacted and amended by the Agricultural 
Marketing Agreement Act of 1937 (50 Stat. 246), as amended.
    (b) The term Department means the United States Department of 
Agriculture.
    (c) The term Secretary means the Secretary of Agriculture of the 
United States, or any officer or employee of the Department to whom 
authority has heretofore been delegated, or to whom authority may 
hereafter be delegated, to act in his stead.
    (d) The terms Administrative Law Judge or Judge means any 
administrative law judge appointed pursuant to 5 U.S.C. 3105, and 
assigned to conduct the proceeding.
    (e) The term Administrator means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any officer 
or employee of the Department to whom authority has been delegated or 
may hereafter be delegated to act in his stead.
    (f) [Reserved]
    (g) The term ``Federal Register'' means the publication provided for 
by the Act of July 26, 1935 (49 Stat. 500), and acts supplementary 
thereto and amendatory thereof.
    (h) The term hearing means that part of the proceeding which 
involves the submission of evidence.
    (i) The term marketing agreement means any marketing agreement or 
any amendment thereto which may be entered into pursuant to section 8b 
of the Act.
    (j) The term marketing order means any order or any amendment 
thereto which may be issued pursuant to section 8c of the Act, and after 
notice and hearing as required by said section.
    (k) The term proceeding means a proceeding upon the basis of which a 
marketing agreement may be entered into or a marketing order may be 
issued.
    (l) The term hearing clerk means the hearing clerk, United States 
Department of Agriculture, Washington, DC.

[25 FR 5907, June 28, 1960, as amended at 26 FR 7796, Aug. 22, 1961; 28 
FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972; 38 FR 29798, Oct. 29, 
1973]

Sec. 900.3  Proposals.

    (a) A marketing agreement or a marketing order may be proposed by 
the Secretary or by any other person. If any person other than the 
Secretary proposes a marketing agreement or marketing order, he shall 
file with the Administrator a written application, together with at 
least four copies of the proposal, requesting the Secretary to hold a

[[Page 9]]

hearing upon the proposal. Upon receipt of such proposal, the 
Administrator shall cause such investigation to be made and such 
consideration thereof to be given as, in his opinion, are warranted. If 
the investigation and consideration lead the Administrator to conclude 
that the proposed marketing agreement or marketing order will not tend 
to effectuate the declared policy of the Act, or that for other proper 
reasons a hearing should not be held on the proposal, he shall deny the 
application, and promptly notify the applicant of such denial, which 
notice shall be accompanied by a brief statement of the grounds for the 
denial.
    (b) If the investigation and consideration lead the Administrator to 
conclude that the proposed marketing agreement or marketing order will 
tend to effectuate the declared policy of the Act, or if the Secretary 
desires to propose a marketing agreement or marketing order, he shall 
sign and cause to be served a notice of hearing, as provided in this 
subpart.

Sec. 900.4  Institution of proceeding.

    (a) Filing and contents of the notice of hearing. The proceeding 
shall be instituted by filing the notice of hearing with the hearing 
clerk. The notice of hearing shall contain a reference to the authority 
under which the marketing agreement or marketing order is proposed; 
shall define the scope of the hearing as specifically as may be 
practicable; shall contain either the terms or substance of the proposed 
marketing agreement or marketing order or a description of the subjects 
and issues involved and shall state the industry, area, and class of 
persons to be regulated, the time and place of such hearing, and the 
place where copies of such proposed marketing agreement or marketing 
order may be obtained or examined. The time of the hearing shall not be 
less than 15 days after the date of publication of the notice in the 
Federal Register, as provided in this subpart, unless the Administrator 
shall determine that an emergency exists which requires a shorter period 
of notice, in which case the period of notice shall be that which the 
Administrator may determine to be reasonable in the circumstances: 
Provided, That, in the case of hearings on amendments to marketing 
agreements or marketing orders, the time of the hearing may be less than 
15 days but shall not be less than 3 days after the date of publication 
of the notice in the Federal Register.
    (b) Giving notice of hearing and supplemental publicity. (1) The 
Administrator shall give or cause to be given notice of hearing in the 
following manner:
    (i) By publication of the notice of hearing in the Federal Register;
    (ii) By mailing a true copy of the notice of hearing to each of the 
persons known to the Administrator, to be interested therein;
    (iii) By issuing a press release containing the complete text or a 
summary of the contents of the notice of hearing and making the same 
available to such newspapers in the area proposed to be subjected to 
regulation as reasonably will tend to bring the notice to the attention 
of the persons interested therein;
    (iv) By forwarding copies of the notice of hearing addressed to the 
governors of such of the several States of the United States and to 
executive heads of such of the Territories and possessions of the United 
States as the Administrator, having due regard for the subject matter of 
the proposal and the public interest, shall determine, should be 
notified.
    (2) Legal notice of the hearing shall be deemed to be given if 
notice is given in the manner provided by paragraph (b)(1)(i) of this 
section; and failure to give notice in the manner provided in paragraph 
(b)(1)(ii), (iii), and (iv) of this section shall not affect the 
legality of the notice.
    (c) Record of notice and supplemental publicity. There shall be 
filed with the hearing clerk or submitted to the judge at the hearing an 
affidavit or certificate of the person giving the notice provided in 
(b)(1)(iii) and (iv) of this section. In regard to the provisions 
relating to mailing in (b)(1)(ii) of this section, a determination by 
the Administrator that such provisions have been complied with shall be 
filed with the hearing clerk or submitted to the judge at the hearing. 
In the alternative, if notice is not given in the manner provided in 
(b)(1)(ii), (iii), and (iv) of this section there shall be filed with 
the hearing clerk or submitted to the judge at the hearing a 
determination by the Administrator that such notice is impracticable, 
unnecessary, or contrary to the public interest with a brief statement 
of the reasons for such determination. Determinations by the 
Administrator as herein provided shall be final.

Sec. 900.5  Docket number.

    Each proceeding, immediately following its institution, shall be 
assigned a docket number by the hearing clerk and thereafter the 
proceeding may be referred to by such number.

Sec. 900.6  Judges.

    (a) Assignment. No judge who has any pecuniary interest in the 
outcome of a proceeding shall serve as judge in such proceeding.
    (b) Powers of judges. Subject to review by the Secretary, as 
provided elsewhere in this subpart, the judge, in any proceeding, shall 
have power to:
    (1) Rule upon motions and requests;
    (2) Change the time and place of hearing, and adjourn the hearing 
from time to time or from place to place;
    (3) Administer oaths and affirmations and take affidavits;

[[Page 10]]

    (4) Examine and cross-examine witnesses and receive evidence;
    (5) Admit or exclude evidence;
    (6) Hear oral argument on facts or law;
    (7) Do all acts and take all measures necessary for the maintenance 
of order at the hearing and the efficient conduct of the proceeding.
    (c) Who may act in absence of judge. In case of the absence of the 
judge or his inability to act, the powers and duties to be performed by 
him under this part in connection with a proceeding may, without 
abatement of the proceeding unless otherwise ordered by the Secretary, 
be assigned to any other judge.
    (d) Disqualification of judge. The judge may at any time withdraw as 
judge in a proceeding if he deems himself to be disqualified. Upon the 
filing by an interested person in good faith of a timely and sufficient 
affidavit of personal bias or disqualification of a judge, the Secretary 
shall determine the matter as a part of the record and decision in the 
proceeding, after making such investigation or holding such hearings, or 
both, as he may deem appropriate in the circumstances.

Sec. 900.7  Motions and requests.

    (a) General. All motions and requests shall be filed with the 
hearing clerk, except that those made during the course of the hearing 
may be filed with the judge or may be stated orally and made a part of 
the transcript.
    Except as provided in Sec. 900.15(b) such motions and requests shall 
be addressed to, and ruled on by, the judge if made prior to his 
certification of the transcript pursuant to Sec. 900.10 or by the 
Secretary if made thereafter.
    (b) Certification to Secretary. The judge may in his discretion 
submit or certify to the Secretary for decision any motion, request, 
objection, or other question addressed to the judge.

Sec. 900.8  Conduct of the hearing.

    (a) Time and place. The hearing shall be held at the time and place 
fixed in the notice of hearing, unless the judge shall have changed the 
time or place, in which event the judge shall file with the hearing 
clerk a notice of such change, which notice shall be given in the same 
manner as provided in Sec. 900.4 (relating to the giving of notice of 
the hearing): Provided, That, if the change in time or place of hearing 
is made less than 5 days prior to the date previously fixed for the 
hearing, the judge, either in addition to or in lieu of causing the 
notice of the change to be given, shall announce, or cause to be 
announced, the change at the time and place previously fixed for the 
hearing.
    (b) Appearances--(1) Right to appear. At the hearing, any interested 
person shall be given an opportunity to appear, either in person or 
through his authorized counsel or representative, and to be heard with 
respect to matters relevant and material to the proceeding. Any 
interested person who desires to be heard in person at any hearing under 
these rules shall, before proceeding to testify, state his name, 
address, and occupation. If any such person is appearing through a 
counsel or representative, such person or such counsel or representative 
shall, before proceeding to testify or otherwise to participate in the 
hearing, state for the record the authority to act as such counsel or 
representative, and the names and addresses and occupations of such 
person and such counsel or representative. Any such person or such 
counsel or representative shall give such other information respecting 
his appearance as the judge may request.
    (2) Debarment of counsel or representative. Wherever, while a 
proceeding is pending before him, the judge finds that a person, acting 
as counsel or representative for any person participating in the 
proceeding, is guilty of unethical or unprofessional conduct, the judge 
may order that such person be precluded from further acting as counsel 
or representative in such proceeding. An appeal to the Secretary may be 
taken from any such order, but the proceeding shall not be delayed or 
suspended pending disposition of the appeal: Provided, That the judge 
may suspend the proceeding for a reasonable time for the purpose of 
enabling the client to obtain other counsel or other representative.
    In case the judge has ordered that a person be precluded from 
further acting as counsel or representative in the proceeding, the 
judge, within a reasonable time thereafter shall submit to the Secretary 
a report of the facts and circumstances surrounding such order and shall 
recommend what action the Secretary should take respecting the 
appearance of such person as counsel or representative in other 
proceedings before the Secretary. Thereafter the Secretary may, after 
notice and an opportunity for hearing, issue such order, respecting the 
appearance of such person as counsel or representative in proceedings 
before the Secretary, as the Secretary finds to be appropriate.
    (3) Failure to appear. If any interested person fails to appear at 
the hearing, he shall be deemed to have waived the right to be heard in 
the proceeding.
    (c) Order of procedure. (1) The judge shall, at the opening of the 
hearing prior to the taking of testimony, have noted as part of the 
record the notice of hearing as filed with the Office of the Federal 
Register and the affidavit or certificate of the giving of notice or the 
determination provided for in Sec. 900.4(c).
    (2) Evidence shall then be received with respect to the matters 
specified in the notice of the hearing in such order as the judge shall 
announce.

[[Page 11]]

    (d) Evidence--(1) In general. The hearing shall be publicly 
conducted, and the testimony given at the hearing shall be reported 
verbatim.
    Every witness shall, before proceeding to testify, be sworn or make 
affirmation. Cross-examination shall be permitted to the extent required 
for a full and true disclosure of the facts.
    When necessary, in order to prevent undue prolongation of the 
hearing, the judge may limit the number of times any witness may testify 
to the same matter or the amount of corroborative or cumulative 
evidence.
    The judge shall, insofar as practicable, exclude evidence which is 
immaterial, irrelevant, or unduly repetitious, or which is not of the 
sort upon which responsible persons are accustomed to rely.
    (2) Objections. If a party objects to the admission or rejection of 
any evidence or to any other ruling of the judge during the hearing, he 
shall state briefly the grounds of such objection, whereupon an 
automatic exception will follow if the objection is overruled by the 
judge. The transcript shall not include argument or debate thereon 
except as ordered by the judge. The ruling of the judge on any objection 
shall be a part of the transcript.
    Only objections made before the judge may subsequently be relied 
upon in the proceeding.
    (3) Proof and authentication of official records or documents. An 
official record or document, when admissible for any purpose, shall be 
admissible as evidence without the production of the person who made or 
prepared the same. Such record or document shall, in the discretion of 
the judge, be evidenced by an official publication thereof or by a copy 
attested by the person having legal custody thereof and accompanied by a 
certificate that such person has the custody.
    (4) Exhibits. All written statements, charts, tabulations, or 
similar data offered in evidence at the hearing shall, after 
identification by the proponent and upon satisfactory showing of the 
authenticity, relevancy, and materiality of the contents thereof, be 
numbered as exhibits and received in evidence and made a part of the 
record. Such exhibits shall be submitted in quadruplicate and in 
documentary form. In case the required number of copies is not made 
available, the judge shall exercise his discretion as to whether said 
exhibits shall, when practicable, be read in evidence or whether 
additional copies shall be required to be submitted within a time to be 
specified by the judge. If the testimony of a witness refers to a 
statute, or to a report or document (including the record of any 
previous hearing) the judge, after inquiry relating to the 
identification of such statute, report, or document, shall determine 
whether the same shall be produced at the hearing and physically be made 
a part of the evidence as an exhibit, or whether it shall be 
incorporated into the evidence by reference. If relevant and material 
matter offered in evidence is embraced in a report or document 
(including the record of any previous hearing) containing immaterial or 
irrelevant matter, such immaterial or irrelevant matter shall be 
excluded and shall be segregated insofar as practicable, subject to the 
direction of the judge.
    (5) Official notice. Official notice may be taken of such matters as 
are judicially noticed by the courts of the United States and of any 
other matter of technical, scientific or commercial fact of established 
character: Provided, That interested persons shall be given adequate 
notice, at the hearing or subsequent thereto, of matters so noticed and 
shall be given adequate opportunity to show that such facts are 
inaccurate or are erroneously noticed.
    (6) Offer of proof. Whenever evidence is excluded from the record, 
the party offering such evidence may make an offer of proof, which shall 
be included in the transcript. The offer of proof shall consist of a 
brief statement describing the evidence to be offered. If the evidence 
consists of a brief oral statement or of an exhibit, it shall be 
inserted into the transcript in toto. In such event, it shall be 
considered a part of the transcript if the Secretary decides that the 
judge's ruling in excluding the evidence was erroneous. The judge shall 
not allow the insertion of such evidence in toto if the taking of such 
evidence will consume a considerable length of time at the hearing. In 
the latter event, if the Secretary decides that the judge erred in 
excluding the evidence, and that such error was substantial, the hearing 
shall be reopened to permit the taking of such evidence.

[25 FR 5907, June 28, 1960, as amended at 37 FR 1103, Jan. 25, 1972]

Sec. 900.9  Oral and written arguments.

    (a) Oral argument before judge. Oral argument before the judge shall 
be in the discretion of the judge. Such argument, when permitted, may be 
limited by the judge to any extent that he finds necessary for the 
expeditious disposition of the proceeding and shall be reduced to 
writing and made part of the transcript.
    (b) Briefs, proposed findings and conclusions. The judge shall 
announce at the hearing a reasonable period of time within which 
interested persons may file with the hearing clerk proposed findings and 
conclusions, and written arguments or briefs, based upon the evidence 
received at the hearing, citing, where practicable, the page or pages of 
the transcript of the testimony where such evidence appears. Factual 
material other than that adduced at the hearing or subject to official 
notice shall not be alluded to therein,

[[Page 12]]

and, in any case, shall not be considered in the formulation of the 
marketing agreement or marketing order. If the person filing a brief 
desires the Secretary to consider any objection made by such person to a 
ruling of the judge, as provided in Sec. 900.8(d), he shall include in 
the brief a concise statement concerning each such objection, referring 
where practicable, to the pertinent pages of the transcript.

Sec. 900.10  Certification of the transcript.

    The judge shall notify the hearing clerk of the close of a hearing 
as soon as possible thereafter and of the time for filing written 
arguments, briefs, proposed findings and proposed conclusions, and shall 
furnish the hearing clerk with such other information as may be 
necessary. As soon as possible after the hearing, the judge shall 
transmit to the hearing clerk an original and three copies of the 
transcript of the testimony and the original and all copies of the 
exhibits not already on file in the office of the hearing clerk. He 
shall attach to the original transcript of testimony his certificate 
stating that to the best of his knowledge and belief, the transcript is 
a true transcript of the testimony given at the hearing except in such 
particulars as he shall specify; and that the exhibits transmitted are 
all the exhibits as introduced at the hearing with such exceptions as he 
shall specify. A copy of such certificate shall be attached to each of 
the copies of the transcript of testimony. In accordance with such 
certificate the hearing clerk shall note upon the official record copy, 
and cause to be noted on other copies, of the transcript each correction 
detailed therein by adding or crossing out (but without obscuring the 
text as originally transcribed) at the appropriate place any words 
necessary to make the same conform to the correct meaning, as certified 
by the judge. The hearing clerk shall obtain and file certifications to 
the effect that such corrections have been effected in copies other than 
the official record copy.

Sec. 900.11  Copies of the transcript.

    (a) During the period in which the proceeding has an active status 
in the Department, a copy of the transcript and exhibits shall be kept 
on file in the office of the hearing clerk, where it shall be available 
for examination during official hours of business. Thereafter said 
transcript and exhibits shall be made available by the hearing clerk for 
examination during official hours of business after prior request and 
reasonable notice to the hearing clerk.
    (b) If a personal copy of the transcript is desired, such copy may 
be obtained upon written application filed with the reporter and upon 
payment of fees at the rate (if any) provided in the contract between 
the reporter and the Secretary.

Sec. 900.12  Administrator's recommended decision.

    (a) Preparation. As soon as practicable following the termination of 
the period allowed for the filing of written arguments or briefs and 
proposed findings and conclusions the Administrator shall file with the 
hearing clerk a recommended decision.
    (b) Contents. The Administrator's recommended decision shall 
include: (1) A preliminary statement containing a description of the 
history of the proceedings, a brief explanation of the material issues 
of fact, law, or discretion presented on the record, and proposed 
findings and conclusions with respect to such issues as well as the 
reasons or basis therefor; (2) A ruling upon each proposed finding or 
conclusion submitted by interested persons; and (3) An appropriate 
proposed marketing agreement or marketing order effectuating his 
recommendations.
    (c) Exceptions to recommended decision. Immediately following the 
filing of his recommended decision, the Administrator shall give notice 
thereof, and opportunity to file exceptions thereto by publication in 
the Federal Register. Within a period of time specified in such notice 
any interested person may file with the hearing clerk exceptions to the 
Administrator's proposed marketing agreement or marketing order, or 
both, as the case may be, and a brief in support of such exceptions. 
Such exceptions shall be in writing, shall refer, where practicable, to 
the related pages of the transcript and may suggest appropriate changes 
in the proposed marketing agreement or marketing order.
    (d) Omission of recommended decision. The procedure provided in this 
section may be omitted only if the Secretary finds on the basis of the 
record that due and timely execution of his functions imperatively and 
unavoidably requires such omission.

Sec. 900.13  Submission to Secretary.

    Upon the expiration of the period allowed for filing exceptions or 
upon request of the Secretary, the hearing clerk shall transmit to the 
Secretary the record of the proceeding. Such record shall include: all 
motions and requests filed with the hearing clerk and rulings thereon; 
the certified transcripts; any proposed findings or conclusions or 
written arguments or briefs that may have been filed; the 
Administrator's recommended decision, if any, and such exceptions as may 
have been filed.

Sec. 900.13a  Decision by Secretary.

    After due consideration of the record, the Secretary shall render a 
decision. Such decision shall become a part of the record and shall 
include (a) a statement of his findings and conclusions, as well as the 
reasons or basis therefor, upon all the material issues of fact, law or 
discretion presented on the

[[Page 13]]

record, (b) a ruling upon each proposed finding and proposed conclusion 
not previously ruled upon in the record, (c) a ruling upon each 
exception filed by interested persons and (d) either (1) a denial of the 
proposal to issue a marketing agreement or marketing order or (2) a 
marketing agreement and, if the findings upon the record so warrant, a 
marketing order, the provisions of which shall be set forth directly or 
by reference, regulating the handling of the commodity or product in the 
same manner and to the same extent as such marketing agreement, which 
order shall be complete except for its effective date and any 
determinations to be made under Sec. 900.14(b) or Sec. 900.14(c): 
Provided, That such marketing order shall not be executed, issued, or 
made effective until and unless the Secretary determines that the 
requirements of Sec. 900.14(b) or Sec. 900.14(c) have been met.

Sec. 900.14  Execution and issuance of marketing agreements and 
          marketing orders.

    (a) Execution and issuance of marketing agreement. If the Secretary 
has approved a marketing agreement, as provided in Sec. 900.13a, the 
Administrator shall cause copies thereof to be distributed for execution 
by the handlers eligible to become parties thereto. If and when such 
number of the handlers as the Secretary shall deem sufficient shall have 
executed the agreement, the Secretary shall execute the agreement. After 
execution of a marketing agreement, such agreement shall be filed with 
the hearing clerk, and notice thereof, together with notice of the 
effective date, shall be given by publication in the Federal Register. 
The marketing agreement shall not become effective less than 30 days 
after its publication in the Federal Register, unless the Secretary, 
upon good cause found and published with the agreement, fixes an earlier 
effective date therefor: Provided, That no marketing agreement shall 
become effective as to any person signatory thereto before either (1) it 
has been filed with the Office of the Federal Register, or (2) such 
person has received actual notice that the Secretary has executed the 
agreement and the effective date of the marketing agreement.
    (b) Issuance of marketing order with marketing agreement. Whenever, 
as provided in paragraph (a) of this section, the Secretary executes a 
marketing agreement, and handlers also have executed the same as 
provided in section 8c(8) of the Act, he shall, if he finds that it will 
tend to effectuate the purposes of the Act, issue and make effective the 
marketing order, if any, which was filed as a part of his decision 
pursuant to Sec. 900.13a: Provided, That the issuance of such order 
shall have been approved or favored by producers as required by section 
8c(8) of the act.
    (c) Issuance of marketing order without marketing agreement. If, 
despite the failure or refusal of handlers to sign the marketing 
agreement, as provided in section 8c(8) of the Act, the Secretary makes 
the determinations required under section 8c(9) of the Act, the 
Secretary shall issue and make effective the marketing order, if any, 
which was filed as a part of his decision pursuant to Sec. 900.13a.
    (d) Effective date of marketing order. No marketing order shall 
become effective less than 30 days after its publication in the Federal 
Register, unless the Secretary, upon good cause found and published with 
the order, fixes an earlier effective date therefor: Provided, That no 
marketing order shall become effective as to any person sought to be 
charged thereunder before either (1) it has been filed with the Office 
of the Federal Register, or (2) such person has received actual notice 
of the issuance and terms of the marketing order.
    (e) Notice of issuance. After issuance of a marketing order, such 
order shall be filed with the hearing clerk, and notice thereof, 
together with notice of the effective date, shall be given by 
publication in the Federal Register. (7 U.S.C. 610(c).)

[25 FR 5907, June 28, 1960, as amended at 53 FR 15659, May 3, 1988]

Sec. 900.15  Filing; extensions of time; effective date of filing; and 
          computation of time.

    (a) Filing, number of copies. Except as is provided otherwise in 
this subpart, all documents or papers required or authorized by the 
foregoing provisions of this subpart to be filed with the hearing clerk 
shall be filed in quadruplicate. Any document or paper, so required or 
authorized to be filed with the hearing clerk, shall, during the course 
of an oral hearing, be filed with the judge. The provisions of this 
subpart concerning filing with the hearing clerk of hearing notices, 
recommended and final decisions, marketing agreements and orders, and 
all documents described in Sec. 900.17 shall be met by filing a true 
copy thereof with the hearing clerk.
    (b) Extensions of time. The time for the filing of any document or 
paper required or authorized by the foregoing provisions of this subpart 
to be filed may be extended by the judge (before the record is certified 
by the judge) or by the Administrator (after the record is so certified 
by the judge but before it is transmitted to the Secretary), or by the 
Secretary (after the record is transmitted to the Secretary) upon 
request filed, and if, in the judgment of the judge, Administrator, or 
the Secretary, as the case may be, there is good reason for the 
extension. All rulings made pursuant to this paragraph shall be filed 
with the hearing clerk.
    (c) Effective date of filing. Any document or paper required or 
authorized by the foregoing provisions of this subpart to be filed shall 
be deemed to be filed when it is postmarked or when it is received by 
the hearing clerk.

[[Page 14]]

    (d) Computation of time. Sundays and Federal holidays shall be 
included in computing the time allowed for the filing of any document or 
paper: Provided, That, when such time expires on a Sunday or legal 
holiday, such period shall be extended to include the next following 
business day.

[25 FR 5907, June 28, 1960, as amended at 30 FR 254, Jan. 9, 1965]

Sec. 900.16  Ex parte communications.

    (a) At no stage of the proceeding following the issuance of a notice 
of hearing and prior to the issuance of the Secretary's decision therein 
shall an employee of the Department who is or may reasonably be expected 
to be involved in the decisional process of the proceeding discuss ex 
parte the merits of the proceeding with any person having an interest in 
the proceeding or with any representative of such person: Provided, That 
procedural matters and status reports shall not be included within this 
limitation; and Provided further, That an employee of the Department who 
is or may reasonably be expected to be involved in the decisional 
process of the proceeding may discuss the merits of the proceeding with 
such a person if all parties known to be interested in the proceeding 
have been given notice and an opportunity to participate. A memorandum 
of any such discussion shall be included in the record of the 
proceeding.
    (b) No person interested in the proceeding shall make or knowingly 
cause to be made to an employee of the Department who is or may 
reasonably be expected to be involved in the decisional process of the 
proceeding an ex parte communication relevant to the merits of the 
proceeding except as provided in paragraph (a) of this section.
    (c) If an employee of the Department who is or may reasonably be 
expected to be involved in the decisional process of the proceeding 
receives or makes a communication prohibited by this section, the 
Department shall place on the public record of the proceeding:
    (1) All such written communications;
    (2) Memoranda stating the substance of all such oral communications; 
and
    (3) All written responses, and memoranda stating the substance of 
all oral responses thereto.
    (d) Upon receipt of a communication knowingly made or knowingly 
caused to be made by a party in violation of this section, the 
Department may, to the extent consistent with the interest of justice 
and the policy of the underlying statute, take whatever steps are deemed 
necessary to nullify the effect of such communication.
    (e) For the purposes of this section, ex parte communication means 
an oral or written communication not on the public record with respect 
to which reasonable prior notice to all interested parties is not given, 
but which shall not include requests for status reports (including 
requests on procedural matters) on any proceeding.

[42 FR 10833, Feb. 24, 1977]

Sec. 900.17  Additional documents to be filed with hearing clerk.

    In addition to the documents or papers required or authorized by the 
foregoing provisions of this subpart to be filed with the hearing clerk, 
the hearing clerk shall receive for filing and shall have custody of all 
papers, reports, records, orders, and other documents which relate to 
the administration of any marketing agreement or marketing order and 
which the Secretary is required to issue or to approve.

Sec. 900.18  Hearing before Secretary.

    The Secretary may act in the place and stead of a judge in any 
proceeding under this subpart. When he so acts the hearing clerk shall 
transmit the record to the Secretary at the expiration of the period 
provided for the filing of proposed findings of fact, conclusions and 
orders, and the Secretary shall thereupon, after due consideration of 
the record, issue his final decision in the proceeding: Provided, That 
he may issue a tentative decision in which event the parties shall be 
afforded an opportunity to file exceptions before the issuance of the 
final decision.

Subpart--Rules of Practice Governing Proceedings on Petitions To Modify 
                 or To Be Exempted From Marketing Orders

    Authority: Sec. 5, 49 Stat. 753, as amended; 7 U.S.C. 608c.

Sec. 900.50  Words in the singular form.

    Words in this subpart in the singular form shall be deemed to import 
the plural, and vice versa, as the case may demand.

Sec. 900.51  Definitions.

    As used in this subpart, the terms as defined in the Act shall apply 
with equal force and effect. In addition, unless the context otherwise 
requires:
    (a) The term Act means Public Act No. 10, 73d Congress, as amended 
and as reenacted and amended by the Agricultural Marketing Agreement Act 
of 1937, as amended (7 U.S.C. and Sup. 601);
    (b) The term Department means the United States Department of 
Agriculture;
    (c) The term Secretary means the Secretary of Agriculture of the 
United States, or any officer or employee of the Department to whom 
authority has heretofore been delegated, or to whom authority may 
hereafter be delegated, to act in his stead;

[[Page 15]]

    (d) The terms administrative law judge or judge means any 
Administrative Law Judge, appointed pursuant to 5 U.S.C. 3105, and 
assigned to the proceeding involved;
    (e) The term administrator means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any officer 
or employee of the Department to whom authority has been delegated or 
may hereafter be delegated to act in his stead.
    (f) [Reserved]
    (g) The term ``Federal Register'' means the publication provided for 
by the Act of July 26, 1935 (49 Stat. 500), and acts supplementary 
thereto and amendatory thereof;
    (h) The term marketing order means any order or any amendment 
thereto which may be issued pursuant to section 8c of the Act;
    (i) The term handler means any person who, by the terms of a 
marketing order, is subject thereto, or to whom a marketing order is 
sought to be made applicable;
    (j) The term proceeding means a proceeding before the Secretary 
arising under subsection (15)(A) of section 8c of the Act;
    (k) The term hearing means that part of the proceeding which 
involves the submission of evidence;
    (l) The term party includes the Department;
    (m) The term hearing clerk means the hearing clerk, United States 
Department of Agriculture, Washington, DC;
    (n) [Reserved]
    (o) The term decision means the judge's initial decision in 
proceedings subject to 5 U.S.C. 556 and 557, and includes the judge's 
(1) findings of fact and conclusions with respect to all material issues 
of fact, law or discretion as well as the reasons or basis thereof, (2) 
order, and (3) rules on findings, conclusions and orders submitted by 
the parties;
    (p) The term petition includes an amended petition.

[25 FR 5907, June 28, 1960, as amended at 26 FR 7796, Aug. 22, 1961, 28 
FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972; 38 FR 29798, Oct. 29, 
1973]

Sec. 900.52  Institution of proceeding.

    (a) Filing and service of petition. Any handler desiring to complain 
that any marketing order or any provision of any such order or any 
obligation imposed in connection therewith is not in accordance with 
law, shall file with the hearing clerk, in quadruplicate, a petition in 
writing addressed to the Secretary. Promptly upon receipt of the 
petition, the hearing clerk shall transmit a true copy thereof to the 
Administrator and the General Counsel, respectively.
    (b) Contents of petition. A petition shall contain:
    (1) The correct name, address, and principal place of business of 
the petitioner. If petitioner is a corporation, such fact shall be 
stated, together with the name of the State of incorporation, the date 
of incorporation, and the names, addresses, and respective positions 
held by its officers; if an unincorporated association, the names and 
addresses of its officers, and the respective positions held by them; if 
a partnership, the name and address of each partner;
    (2) Reference to the specific terms or provisions of the order, or 
the interpretation or application thereof, which are complained of;
    (3) A full statement of the facts (avoiding a mere repetition of 
detailed evidence) upon which the petition is based, and which it is 
desired that the Secretary consider, setting forth clearly and concisely 
the nature of the petitioner's business and the manner in which 
petitioner claims to be affected by the terms or provisions of the order 
or the interpretation or application thereof, which are complained of;
    (4) A statement of the grounds on which the terms or provisions of 
the order, or the interpretation or application thereof, which are 
complained of, are challenged as not in accordance with law;
    (5) Prayers for the specific relief which the petitioner desires the 
Secretary to grant;
    (6) An affidavit by the petitioner, or if the petitioner is not an 
individual, by an officer of the petitioner having knowledge of the 
facts stated in the petition, verifying the petition and stating that it 
is filed in good faith and not for purposes of delay.
    (c) Motion to dismiss petition--(1) Filing, contents, and responses 
thereto. If the Administrator is of the opinion that the petition, or 
any portion thereof, does not substantially comply, in form or content, 
with the act or with the requirements of paragraph (b) of this section, 
or is not filed in good faith, or is filed for purposes of delay, he 
may, within thirty days after the filing of the petition, file with the 
Hearing Clerk a motion to dismiss the petition, or any portion thereof, 
on one or more of the grounds stated in this paragraph. Such motion 
shall specify the grounds of objection to the petition and if based, in 
whole or in part, on an allegations of fact not appearing on the face of 
the petition, shall be accompanied by appropriate affidavits or 
documentary evidence substantiating such allegations of fact. The motion 
may be accompanied by a memorandum of law. Upon receipt of such motion, 
the Hearing Clerk shall cause a copy thereof to be served upon the 
petitioner, together with a notice stating that all papers to be 
submitted in opposition to such motion including any memorandum of law, 
must be filed by the petitioner with the Hearing Clerk not later than 20 
days after the service of such notice upon the petitioner. Upon the 
expiration of the time specified in such notice, or upon receipt of such 
papers from the petitioner, the Hearing Clerk shall transmit all

[[Page 16]]

papers which have been filed in connection with the motion to the Judge 
for his consideration.
    (2) Decision by Administrative Law Judge. The Judge, after due 
consideration, shall render a decision upon the motion stating the 
reasons for his action. Such decision shall be in the form of an order 
and shall be filed with the Hearing Clerk who shall cause a copy thereof 
to be served upon the petitioner and a copy thereof to be transmitted to 
the Administrator. Any such order shall be final unless appealed 
pursuant to Sec. 900.65: Provided, That within 20 days following the 
service upon the petitioner of a copy of the order of the Judge 
dismissing the petition, or any portion thereof, on the ground that it 
does not substantially comply in form and content with the act or with 
paragraph (b) of this section, the petitioner shall be permitted to file 
an amended petition.
    (3) Oral argument. Unless a written application for oral argument is 
filed by a party with the hearing clerk not later than the time fixed 
for filing papers in opposition to the motion, it shall be considered 
that the party does not desire oral argument. The granting of a request 
to make oral argument shall rest in the discretion of the Judge.

[25 FR 5907, June 28, 1960, as amended at 38 FR 29798, Oct. 29, 1973]

Sec. 900.52a  Answer to petition.

    (a) Time of filing. Within 30 days after the filing of the petition, 
the Administrator shall file an answer thereto: Provided, That if a 
motion to dismiss the petition, in whole or in part, is made pursuant to 
Sec. 900.52(c), the answer shall be filed within 15 days after the 
filing of an order of the administrative law judge denying the motion or 
granting the motion with respect to only a portion of the petition. The 
answer shall be filed with the hearing clerk who shall cause a copy 
thereof to be served promptly upon the petitioner.
    (b) Contents. The answer shall specify which of the material 
allegations of fact or of law in the petition are controverted and which 
are not controverted. The answer also may contain affirmative 
allegations of fact constituting separate defenses and statements of 
objections to the sufficiency of the whole or any part of the petition.

[25 FR 5907, June 28, 1960]

Sec. 900.52b  Amended pleadings.

    At any time before the close of the hearing the petition or answer 
may be amended, but the hearing shall, at the request of the adverse 
party, be adjourned or recessed for such reasonable time as the judge 
may determine to be necessary to protect the interests of the parties. 
Amendments subsequent to the first amendment or subsequent to the filing 
of an answer may be made only with leave of the judge or with the 
written consent of the adverse party.

Sec. 900.53  Withdrawal of petition.

    If, at any time after the petition is filed, the petitioner desires 
to withdraw the same, he shall file with the hearing clerk (or, if filed 
during the course of a hearing, with the judge) a written request for 
permission to withdraw. The judge may, in his discretion, thereupon 
dismiss the petition without further procedure: Provided, That, if the 
request to withdraw is filed after a hearing has been opened, permission 
to withdraw shall be granted only in exceptional circumstances.

Sec. 900.54  Docket number.

    Each proceeding, immediately following its institution, shall be 
assigned a docket number by the hearing clerk and thereafter the 
proceeding may be referred to by such number.

Sec. 900.55  Judges.

    (a) Assignment. No judge who has any pecuniary interest in the 
outcome of the proceeding, or who has participated in any investigation 
preceding the institution of the proceeding, shall serve as judge in 
such proceeding.
    (b) Conduct. The judge shall conduct the proceeding in a fair and 
impartial manner and shall not discuss ex parte the merits of the 
proceeding with any person who is or who has been connected in any 
manner with the proceeding in an advocative or investigative capacity.
    (c) Powers of judges. Subject to review by the Secretary, as 
provided elsewhere in this subpart, the judge shall have power to:
    (1) Rule upon motions and requests;
    (2) Adjourn the hearing from time to time, and change the time and 
place of hearing;
    (3) Administer oaths and affirmations and take affidavits;
    (4) Issue subpenas, under the facsimile signature of the Secretary, 
requiring the attendance and testimony of witnesses and the production 
of books, records, contracts, papers, and other documentary evidence;
    (5) Examine witnesses and receive evidence;
    (6) Take or order, under the facsimile signature of the Secretary, 
the taking of depositions;
    (7) Admit or exclude evidence;
    (8) Hear oral argument on facts or law;
    (9) Consolidate hearings upon two or more petitions pertaining to 
the same order;
    (10) Do all acts and take all measures necessary for the maintenance 
of order at the hearing and the efficient conduct of the proceeding.
    (d) Who may act in absence of judge. In case of the absence of the 
judge or his inability to act, the powers and duties to be performed

[[Page 17]]

by him under these rules of practice in connection with a proceeding 
may, without abatement of the proceeding unless otherwise ordered by the 
Secretary, be assigned to any other judge.
    (e) Disqualification of judge. The judge may at any time withdraw as 
judge in a proceeding if he deems himself to be disqualified. Upon the 
filing by an interested person in good faith of a timely and sufficient 
affidavit of personal bias or disqualification of a judge, the Secretary 
shall determine the matter as a part of the record and decision in the 
proceeding, after making such investigation or holding such hearings, or 
both, as he may deem appropriate in the circumstances.

Sec. 900.56  Consolidated hearings.

    At the discretion of the judge, hearings upon two or more petitions 
pertaining to the same order may be consolidated, and the evidence taken 
at such consolidated hearing may be embodied in a single record.

Sec. 900.57  Intervention.

    Intervention in proceedings subject to this subpart shall not be 
allowed, except that, in the discretion of the Secretary or the judge, 
any person (other than the petitioner) showing a substantial interest in 
the outcome of a proceeding shall be permitted to participate in the 
oral argument and to file a brief.

Sec. 900.58  Prehearing conferences.

    In any proceeding in which it appears that such procedure will 
expedite the proceeding, the judge, at any time prior to the 
commencement of or during the course of the hearing, may request the 
parties or their counsel to appear at a conference before him to 
consider (a) the simplification of issues; (b) the possibility of 
obtaining stipulations of fact and of documents which will avoid 
unnecessary proof; (c) the limitation of the number of expert or other 
witnesses; and (d) such other matters as may expedite and aid in the 
disposition of the proceeding. No transcript of such conference shall be 
made, but the judge shall prepare and file for the record a written 
summary of the action taken at the conference, which shall incorporate 
any written stipulations or agreements made by the parties at the 
conference or as a result of the conference. If the circumstances are 
such that a conference is impracticable, the judge may request the 
parties to correspond with him for the purpose of accomplishing any of 
the objects set forth in this section. The judge shall forward copies of 
letters and documents to the parties as the circumstances require. 
Correspondence in such negotiations shall not be a part of the record, 
but the judge shall submit a written summary for the record if any 
action is taken.

Sec. 900.59  Motions and requests.

    (a) General. All motions and requests shall be filed with the 
hearing clerk, except that those made during the course of an oral 
hearing may be filed with the judge or may be stated orally and made a 
part of the transcript.
    The judge is authorized to rule upon all motions and requests filed 
or made prior to the transmittal by the hearing clerk to the Secretary 
of the record as provided in this subpart. The Secretary shall rule upon 
all motions and requests filed after that time.
    (b) Certification of motions. The submission or certification of any 
motion, request, objection, or other question to the Secretary shall be 
in the discretion of the judge.

[25 FR 5907, June 28, 1960, as amended at 38 FR 29798, Oct. 29, 1973]

Sec. 900.60  Oral hearings before judge.

    (a) Time and place. The judge shall set a time and place for hearing 
and shall file with the hearing clerk a notice stating the time and 
place of hearing. If any change in the time or place of hearing becomes 
necessary, it shall be made by the judge, who, in such event, shall file 
with the hearing clerk a notice of the change. Such notice shall be 
served upon the parties, unless it is made during the course of an oral 
hearing and made a part of the transcript.
    (b) Appearances--(1) Representation. In any proceeding under the 
act, the parties may appear in person or by counsel or other 
representative. The Department, if represented by counsel, shall be 
represented by an attorney assigned by the General Counsel of the 
Department, and such attorney shall present or supervise the 
presentation of the position of the Department.
    (2) Debarment of counsel or representative. Whenever, while a 
proceeding is pending before him, the judge finds that a person acting 
as counsel or representative for any party to the proceeding is guilty 
of unethical or unprofessional conduct, the judge may order that such 
person be precluded from further acting as counsel or representative in 
such proceeding. An appeal to the Secretary may be taken from any such 
order, but the proceeding shall not be delayed or suspended pending 
disposition of the appeal: Provided, That the judge may suspend the 
proceeding for a reasonable time for the purpose of enabling the client 
to obtain other counsel or representative.
    In case the judge has issued an order precluding a person from 
further acting as counsel or representative in the proceeding, the 
judge, within a reasonable time thereafter, shall submit to the 
Secretary a report of the facts and circumstances surrounding the 
issuance of the order and shall recommend what action the Secretary 
should take respecting the appearance of such person as

[[Page 18]]

counsel or representative in other proceedings before the Secretary. 
Thereafter, the Secretary may, after notice and an opportunity for 
hearing, issue such order respecting the appearance of such person as 
counsel or representative in proceedings before the Secretary as the 
Secretary finds to be appropriate.
    (3) Failure to appear. If the petitioner, after being duly notified, 
fails to appear at the hearing, he shall be deemed to have authorized 
the dismissal of the proceeding, without further procedure, and with or 
without prejudice as the judge may determine. In the event that the 
petitioner appears at the hearing and no representative of the 
Department appears, the judge shall proceed ex parte to hear the 
evidence of the petitioner. Provided, That failure on the part of such 
representative of the Department to appear at a hearing shall not be 
deemed to be waiver of the Department's right to file suggested findings 
of fact, conclusions and order; to be served with a copy of the judge's 
initial decision and to appeal to the Secretary with respect thereto.
    (c) Order of proceeding. Except as may be determined otherwise by 
the judge, the petitioner shall proceed first at the hearing.
    (d) Evidence--(1) In general. The hearing shall be publicly 
conducted, and the testimony given at the hearing shall be reported 
verbatim.
    The testimony of witnesses at a hearing shall be upon oath or 
affirmation and subject to cross-examination.
    Any witness may, in the discretion of the judge, be examined 
separately and apart from all other witnesses except those who may be 
parties to the proceeding.
    The judge shall exclude, insofar as practicable, evidence which is 
immaterial, irrelevant, or unduly repetitious, or which is not of the 
sort upon which responsible persons are accustomed to rely.
    (2) Objections. If a party objects to the admission or rejection of 
any evidence or to the limitation of the scope of any examination or 
cross-examination, or any other ruling of the judge, he shall state 
briefly the grounds of such objection, whereupon an automatic exception 
will follow which may be pursued in an appeal pursuant to Sec. 900.65 by 
the party adversely affected by the judge's ruling.
    (3) Depositions. The deposition of any witness shall be admitted, in 
the manner hereinafter provided in and subject to the provisions of 
Sec. 900.61.
    (4) Affidavits. Except as is otherwise provided in this subpart, 
affidavits may be admitted only if the evidence is otherwise admissible 
and the parties agree (which may be determined by their failure to make 
timely objections) that affidavits may be used.
    (5) Proof and authentication of official records or documents. An 
official record or document, when admissible for any purpose, shall be 
admissible in evidence without the production of the person who made or 
prepared the same. Such record or document shall, in the discretion of 
the judge, be evidenced by an official publication thereof or by a copy 
attested by the person having legal custody thereof and accompanied by a 
certificate that such person has the custody.
    (6) Exhibits. All written statements, charts, tabulations, or 
similar data offered in evidence at the hearing shall, after 
identification by the proponent and upon a satisfactory showing of the 
admissibility of the contents thereof, be numbered as exhibits and 
received in evidence and made a part of the record. Except where the 
judge finds that the furnishing of copies is impracticable, a copy of 
each exhibit, in addition to the original, shall be filed with the judge 
for the use of each other party to the proceeding. The judge shall 
advise the parties as to the exact number of copies which will be 
required to be filed and shall make and have noted on the record the 
proper distribution of the copies.
    If the testimony of a witness refers to a statute, or to a report, 
document, or transcript, the judge, after inquiry relating to the 
identification of such statute, report, document, or transcript, shall 
determine whether the same shall be produced at the hearing and 
physically be made a part of the evidence as an exhibit, or whether it 
shall be incorporated into the evidence by reference. If relevant and 
material matter offered in evidence is embraced in a report, document, 
or transcript containing immaterial or irrelevant matter, such 
immaterial or irrelevant matter shall be excluded and shall be 
segregated insofar as practicable, subject to the direction of the 
judge.
    (7) Official notice. Official notice will be taken of such matters 
as are judicially noticed by the courts of the United States and of any 
other matter of technical, scientific, or commercial fact of established 
character: Provided, That the parties shall be given adequate notice, at 
the hearing or by reference in the judge's report or the tentative order 
or otherwise, of matters so noticed, and (except where official notice 
is taken, for the first time in the proceeding, in the final order) 
shall be given adequate opportunity to show that such facts are 
erroneously noticed.
    (8) Offer of proof. Whenever evidence is excluded from the record, 
the party offering such evidence may make an offer of proof, which shall 
be included in the transcript. The offer of proof shall consist of a 
brief statement describing the evidence to be offered. If the evidence 
consists of a brief oral statement or of an exhibit, it shall be 
inserted into the transcript in toto. In such event, it shall be 
considered a part of the transcript if the Secretary decides that the 
judge's ruling in excluding the evidence was

[[Page 19]]

erroneous. The judge shall not allow the insertion of such evidence in 
toto if the taking of such evidence will consume a considerable length 
of time at the hearing. In the latter event, if on appeal the Secretary 
decides that the judge erred in excluding the evidence, and that such 
error was substantial, the hearing shall be reopened to permit the 
taking of such evidence.
    (e) [Reserved]
    (f) Transcript. (1) During the period in which the proceeding has an 
active status the transcript and exhibits shall be kept on file in the 
office of the hearing clerk, where it shall be available for examination 
during official hours of business. Thereafter said transcript and 
exhibits shall be made available by the hearing clerk for examination 
during official hours of business after prior request and reasonable 
notice to the hearing clerk.
    (2) If a personal copy of the transcript is desired, such copy may 
be obtained upon written application filed with the reporter, and upon 
payment of fees at the rate (if any) provided in the contract between 
the reporter and the Secretary.

[25 FR 5907, June 28, 1960, as amended at 38 FR 29798, Oct. 29, 1973]

Sec. 900.61  Depositions.

    (a) Procedure in lieu of deposition. Before any party may have 
testimony taken by deposition, said party shall, if practicable, submit 
to the other party an affidavit which shall set forth the facts to which 
the witness would testify, if the deposition should be taken. If, after 
examination of such affidavit, the other party agrees, or (within 10 
days after submission of the affidavit) fails to object, that the 
affidavit may be used in lieu of the deposition, the judge shall admit 
the affidavit in evidence and shall not order the deposition to be 
taken.
    (b) Application for taking deposition. Upon the application of a 
party to the proceeding, the judge may, at any time after the filing of 
the moving paper, order, under the facsimile signature of the Secretary, 
the taking of testimony by deposition. The application shall be in 
writing and shall be filed with the hearing clerk and shall set forth: 
(1) The name and address of the proposed deponent; (2) the name and 
address of the person (referred to hereinafter in this section as the 
``officer''), qualified under the rules in this part to take 
depositions, before whom the proposed examination is to be made; (3) the 
proposed time and place of the examination, which shall be at least 15 
days after the date of the mailing of the application; and (4) the 
reasons why such deposition should be taken.
    (c) Judge's order for taking deposition. If, after the examination 
of the application, the judge is of the opinion that the deposition 
should be taken, he shall order its taking. The order shall be filed 
with the hearing clerk and shall be served upon the parties and shall 
state: (1) The time and place of the examination (which shall not be 
less than 10 days after the filing of the order); (2) the name of the 
officer before whom the examination is to be made; (3) the name of the 
deponent. The officer and the time and place need not be the same as 
those suggested in the application.
    (d) Qualifications of officer. The deposition shall be taken before 
the judge or before an officer authorized by the law of the United 
States or by the law of the place of the examination to administer 
oaths, or before an officer authorized by the Secretary to administer 
oaths.
    (e) Procedure on examination. The deponent shall be examined under 
oath or affirmation and shall be subject to cross-examination. The 
testimony of the deponent shall be recorded by the officer or by some 
person under his direction and in his presence. In lieu of oral 
examination, parties may transmit written interrogatories to the officer 
prior to the examination and the officer shall propound such 
interrogatories to the deponent.
    The applicant must arrange for the examination of the witness either 
by oral examination or by written interrogatories. If it is found by the 
judge, upon the protest of a party to the proceeding, that such party 
has his residence and his place of business more than 100 miles from the 
place of the examination and that it would constitute an undue hardship 
upon such party to be represented at the examination, the applicant will 
be required to conduct the examination by means of interrogatories. When 
the examination is conducted by means of interrogatories, copies of the 
interrogatories shall be served upon the other parties to the proceeding 
at least five days prior to the date set for the examination, and the 
other parties shall be afforded an opportunity to file with the officer 
cross-interrogatories at any time prior to the time of the examination.
    (f) Certification by officer. The officer shall certify on the 
deposition that the deponent was duly sworn by him and that the 
deposition is a true record of the deponent's testimony. He shall then 
securely seal the deposition, together with two copies thereof, in an 
envelope and mail the same by registered mail to the hearing clerk.
    (g) Use of depositions. A deposition ordered and taken in accord 
with the provisions of this section may be used in a proceeding under 
the act if the judge finds that the evidence is otherwise admissible and 
(1) that the witness is dead; or (2) that the witness is at a distance 
greater than 100 miles from the place of hearing, unless it appears that 
the absence of the witness was procured by the party offering the 
deposition; or (3) that the witness is unable to attend or testify 
because

[[Page 20]]

of age, sickness, infirmity or imprisonment; or (4) that the party 
offering the deposition has endeavored to procure the attendance of the 
witness by subpena but has been unable to do so; or (5) that such 
exceptional circumstances exist as to make it desirable, in the 
interests of justice, to allow the deposition to be used. If a 
deposition has been taken, and the party upon whose application it was 
taken refuses to offer it in evidence, the other party may offer the 
deposition, or any part thereof, in evidence.

Sec. 900.62  Subpenas.

    (a) Issuance of subpenas. The attendance of witnesses and the 
production of documentary evidence from any place in the United States 
on behalf of any party to the proceeding may, by subpena, be required at 
any designated place of hearing. Subpenas may be issued by the Secretary 
or by the judge, under the facsimile signature of the Secretary, upon a 
reasonable showing by the applicant of the grounds, necessity, and 
reasonable scope thereof.
    (b) Application for subpena duces tecum. Subpenas for the production 
of documentary evidence, unless issued by the judge upon his own motion, 
shall be issued only upon a verified written application. Such 
application shall specify, as exactly as possible, the documents desired 
and shall show their competency, relevancy, and materiality and the 
necessity for their production.
    (c) Service of subpenas. Subpenas may be served (1) by a United 
States Marshal or his deputy, or (2) by any other person who is not less 
than 18 years of age, or (3) by registering and mailing a copy of the 
subpena addressed to the person to be served at his or its last known 
residence or principal place of business or residence. Proof of service 
may be made by the return of service on the subpena by the United States 
Marshal or his deputy; or, if served by an individual other than a 
United States Marshal or his deputy, by an affidavit of such person 
stating that he personally served a copy of the subpena upon the person 
named therein; or, if service was by registered mail, by an affidavit 
made by the person mailing the subpena that it was mailed as provided in 
this paragraph and by the signed return post-office receipt: Provided, 
That, if the subpena is issued on behalf of the Department, the return 
receipt without an affidavit of mailing shall be sufficient proof of 
service. In making personal service, the person making service shall 
leave a copy of the subpena with the person subpenaed; the original, 
bearing or accompanied by the required proof of service shall be 
returned to the official who issued the same.

Sec. 900.63  Fees and mileage.

    Witnesses who are subpenaed and who appear in such proceeding, 
including witnesses whose depositions are taken, shall be paid the same 
fees and mileage that are paid witnesses in the courts of the United 
States, and persons taking depositions shall be entitled to the same 
fees as are paid for like services in the courts of the United States, 
to be paid by the party at whose request the deposition is taken. 
Witness fees and mileage shall be paid by the party at whose instance 
the witnesses appear, and claims therefor, as to witnesses subpenaed on 
behalf of the Department, shall be proved before the person issuing the 
subpena, and, as to witnesses subpenaed on behalf of any other party, 
shall be presented to such party.

Sec. 900.64  The Administrative Law Judge's decision.

    (a) Corrections to and certification of transcript. (1) At such time 
as the judge may specify, but not later than the time fixed for filing 
proposed findings of fact, conclusions and order, or briefs, as the case 
may be, the parties may file with the judge proposed corrections to the 
transcript. (2) As soon as practicable after the filing of proposed 
findings of fact, conclusions and order, or briefs, as the case may be, 
the judge shall file with the hearing clerk his certificate indicating 
any corrections to be made in the transcript, and stating that, to the 
best of his knowledge and belief, the transcript, as corrected, is a 
true, correct, and complete transcript of the testimony given at the 
hearing, and that the exhibits are all the exhibits properly a part of 
the hearing record. The original of such certificate shall be attached 
to the original transcript and a copy of such certificate shall be 
served upon each of the parties by the hearing clerk who shall also 
enter onto the transcript (without obscuring the text) any correction 
noted in the certification.
    (b) Proposed findings of fact, conclusions, and orders. Within 10 
days (unless the judge shall have announced at the hearing a shorter or 
longer period of time) after the transcript has been filed with the 
hearing clerk, as provided in paragraph (a) of this section, each party 
may file with the hearing clerk proposed findings of fact, conclusions, 
and order, based solely upon the evidence of record, and briefs in 
support thereof.
    (c) Administrative Law Judge's decision. The judge, within a 
reasonable time after the termination of the period allowed for the 
filing of proposed findings of fact, conclusions, and orders, and briefs 
in support thereof, shall prepare upon the basis of the record, and 
shall file with the hearing clerk, his initial decision, a copy of which 
shall be served by the hearing clerk, upon each of the parties. Such 
decision shall become final without further proceedings 35 days after 
the date of service thereof, unless there is an appeal to the Secretary 
by a party to the proceeding: Provided, however, That no decision shall 
be

[[Page 21]]

final for the purpose of judicial review except a final decision issued 
by the Secretary pursuant to an appeal by a party to the proceeding.

[25 FR 5907, June 28, 1960, as amended at 38 FR 29799, Oct. 29, 1973]

Sec. 900.65  Appeals to Secretary: Transmittal of record.

    (a) Filing of appeal. Any party who disagrees with a judge's 
decision or any part thereof, may appeal the decision to the Secretary 
by transmitting an appeal petition to the hearing clerk within 30 days 
after service of said decision upon said party. Each issue set forth in 
the appeal, and the arguments thereon, shall be separately numbered; 
shall be plainly and concisely stated; and shall contain detailed 
citations of the record, statutes, regulations and authorities being 
relied upon in support thereof. The appeal petition shall be served upon 
the other party to the proceeding by the hearing clerk.
    (b) Argument before Secretary--(1) Oral argument. A party bringing 
an appeal may request within the prescribed time period for filing such 
appeal, an opportunity for oral argument before the Secretary. Failure 
to make such request in writing, within the prescribed time period, 
shall be deemed a waiver of oral argument. The Secretary, in his 
discretion, may grant, refuse or limit any request for oral argument on 
appeal.
    (2) Scope of argument. Argument to be heard on appeal, whether oral 
or in a written brief, shall be limited to the issues raised by the 
appeal, except that if the Secretary determines that additional issues 
should be argued, the parties shall be given reasonable notice of such 
determination, so as to permit preparation of adequate arguments on all 
the issues to be argued.
    (c) Response. Within 20 days after service of an appeal brought by a 
party to the proceeding, any other party may file a response in support 
of or in opposition to such appeal.
    (d) Transmittal of record. Whenever an appeal is filed by a party to 
the proceeding, the hearing clerk shall transmit to the Secretary the 
record of the proceeding. Such record shall include: The pleadings; any 
motions and requests filed, and the rulings thereon; the transcript of 
the testimony taken at the hearing, as well as the exhibits filed in 
connection therewith; any statements filed under the shortened 
procedure; any documents or papers filed in connection with prehearing 
conferences; such proposed findings of fact, conclusions, and orders, 
and briefs in support thereof, as may have been filed in connection with 
the hearing; the judge's initial decision; and the appeal petition; 
briefs in support thereof, and responses thereto as may have been filed 
in the proceeding.

[38 FR 29799, Oct. 29, 1973]

Sec. 900.66  Consideration of appeal by the Secretary and issuance of 
          final order.

    (a) Consideration of appeal. As soon as practicable after the 
receipt of the record from the hearing clerk, or, in case oral argument 
was had, as soon as practicable thereafter, the Secretary, upon the 
basis of and after due consideration of the record, shall rule on the 
appeal. If the Secretary decides that no change or modification of the 
judge's decision is warranted, he may adopt the Judge's decision as the 
final order of the Secretary, preserving any right of the party bringing 
the appeal to seek judicial review of such decision in the proper forum. 
At no stage of the proceeding between its institution and the issuance 
of the order shall the Secretary discuss ex parte the merits of the 
proceeding with any person who is connected with the proceeding in an 
advocative or an investigative capacity, or with any representative of 
such person: Provided, however, That the Secretary may discuss the 
merits of the proceeding with such a person if all parties to the 
proceeding, or their representatives, have been given an opportunity to 
be present. If, notwithstanding the foregoing provisions of this 
section, a memorandum or other communication from any party, or from any 
person acting on behalf of any party, which relates to the merits of the 
proceeding, receives the personal attention of the Secretary (or, if an 
official other than the Secretary is to issue the order, then of such 
other official) during the pendency of the proceeding, such memorandum 
or communication shall be regarded as argument made in the proceeding 
and shall be filed with the hearing clerk, who shall serve a copy 
thereof upon the opposite party to file a reply thereto.
    (b) Issuance of final order. A final order issued by the Secretary 
shall be filed with the hearing clerk, who shall serve it upon the 
parties: Provided, That, if the terms of the order differ substantially 
from those proposed in the decision of the judge, the Secretary shall, 
if he deems it advisable to do so, direct that a copy of the order be 
served upon the parties as a tentative order; and, in such event, 
opportunity shall be given the parties to file exceptions thereto and 
written arguments or briefs in support of such exceptions. In such case, 
if exceptions are filed within a period of time (to be fixed by the 
Secretary but not to exceed 20 days) following the service of the 
tentative order, the Secretary shall give consideration, to and shall 
make such changes in the tentative order as he deems to be appropriate; 
otherwise, the tentative order shall become final, as of the day 
following the date of expiration of the period fixed for the filing of 
exceptions.

[38 FR 29799, Oct. 29, 1973]

[[Page 22]]

Sec. 900.67  [Reserved]

Sec. 900.68  Applications for reopening hearings; for rehearings or 
          rearguments of proceedings; or for reconsideration of orders.

    (a) Petition requisite--(1) Filing; service. An application for 
reopening the hearing to take further evidence, or for rehearing or 
reargument of the proceeding, or for reconsideration of the order shall 
be made by petition addressed to the Secretary and filed with the 
hearing clerk, who immediately shall notify and serve a copy thereof 
upon the other party to the proceeding. Every such petition shall state 
specifically the grounds relied upon.
    (2) Petitions to reopen hearings. A petition to reopen the hearing 
for the purpose of taking additional evidence may be filed at any time 
prior to the issuance of the final order. Every such petition shall 
state briefly the nature and purpose of the evidence to be adduced, 
shall show that such evidence is not merely cumulative, and shall set 
forth a good reason why such evidence was not adduced at the hearing.
    (3) Petitions to rehear or reargue proceedings, or to reconsider 
orders. A petition to rehear or reargue the proceeding or to reconsider 
the final order shall be filed within 15 days after the date of the 
service of such order. Every such petition shall state specifically the 
matters claimed to have been erroneously decided, and alleged errors 
must be briefly stated.
    (b) Procedure for disposition of petitions. Within 10 days following 
the service of any petition provided for in this section, the other 
party to the proceeding shall file with the hearing clerk an answer 
thereto. As soon as practicable thereafter, the Secretary shall announce 
the decision granting or denying the petition. Unless the Secretary 
shall determine otherwise, the issuance or operation of the order shall 
not be stayed pending the decision of the Secretary upon the petition. 
In the event that any such petition is granted by the Secretary, the 
applicable rules of practice, as set out elsewhere in this subpart, 
shall be followed.

Sec. 900.69  Filing; service; extensions of time; effective date of 
          filing; and computation of time.

    (a) Filing; number of copies. Except as provided otherwise herein, 
all documents or papers required or authorized in this subpart to be 
filed with the hearing clerk shall be filed in quadruplicate: Provided, 
That, if there are more than two parties to the proceeding, a sufficient 
number of additional copies shall be filed so as to provide for service 
upon all the parties to the proceeding. Any document or paper, required 
or authorized in this subpart to be filed with the hearing clerk, shall, 
during the course of an oral hearing, be filed with the judge.
    (b) Service; proof of service. Copies of all such papers shall be 
served upon the parties by the hearing clerk, by the judge, or by some 
other employee of the Department or by a United States Marshal or his 
deputy. Service shall be made either (1) by delivering a copy of the 
document or paper to the individual to be served or to a member of the 
partnership to be served or to the president, secretary, or other 
executive officer or any director of the corporation, organization, or 
association to be served, or to the attorney or agent of record of such 
individual, partnership, corporation, organization, or association; or 
(2) by leaving a copy of the document or paper at the principal office 
or place of business of such individual, partnership, corporation, 
organization, or association, or of his or its attorney or agent of 
record; or (3) by registering and mailing a copy of the document or 
paper, addressed to such individual, partnership, corporation, 
organization, or association, or to his or its attorney or agent of 
record, at his or its last known principal office, place of business, or 
residence. Proof of service hereunder shall be made by the affidavit of 
the person who actually made the service. The affidavit contemplated 
herein shall be filed with the hearing clerk, and the fact of filing 
thereof shall be noted on the docket of the proceeding.
    (c) Extensions of time. The time for the filing of any documents or 
papers required or authorized in this subpart to be filed may be 
extended upon (1) a written stipulation between the parties, or (2) upon 
the request of a party, by the judge before the transmittal of the 
record to the Secretary, or by the Secretary at any other time if, in 
the judgment of the Secretary or the judge, as the case may be, there is 
good reason for the extension.
    (d) Effective date of filing. Any document or paper, except a 
petition filed pursuant to Sec. 900.52, required or authorized under 
these rules to be filed shall be deemed to have been filed when it is 
postmarked, or when it is received by the hearing clerk. Any petition 
filed under Sec. 900.52 shall be deemed to be filed when it is received 
by the hearing clerk.
    (e) Computation of time. Sundays and Federal holidays shall be 
included in computing the time allowed for the filing of any document or 
paper: Provided, That, when such time expires on a Sunday or legal 
holiday, such time shall be extended to include the next following 
business day.

Sec. 900.70  Applications for interim relief.

    (a) Filing the application. A person who has filed a petition 
pursuant to Sec. 900.52 may by separate application filed with the 
hearing clerk apply to the Secretary for an order

[[Page 23]]

postponing the effective date of, or suspending the application of, the 
marketing order or any provision thereof, or any obligation imposed in 
connection therewith, pending final determination of the proceeding.
    (b) Contents of the application. The application shall contain a 
statement of the facts upon which the relief is requested, including any 
facts showing irreparable injury. The application must be signed and 
sworn to by the petitioner and any facts alleged therein which are not 
within his personal knowledge shall be supported by affidavits of a 
person or persons having personal knowledge of such facts or by proper 
documentary evidence thereof.
    (c) Answer to application. Immediately upon receipt of the 
application, the hearing clerk shall transmit a copy thereof, together 
with all supporting papers, to the Administrator, who shall, within 20 
days, or such other time fixed by the Secretary, after the filing of the 
application file an answer thereto with the hearing clerk.
    (d) Contents of answer. The answer shall contain a statement of the 
objections, if any, of the Administrator to the application for interim 
relief, and may be supported by affidavits and documentary evidence.
    (e) Transmittal to Secretary. Upon receiving the answer of the 
Administrator or upon the expiration of the time for filing the answer, 
the hearing clerk shall transmit to the Secretary for his decision all 
papers filed in connection with the application.
    (f) Hearing and oral argument. The Secretary may, in his discretion, 
permit oral argument or the taking of testimony in connection with such 
application. However, unless written request therefor is filed with the 
hearing clerk prior to the transmittal of the papers to the Secretary, 
the parties shall be deemed to have waived oral argument and the taking 
of testimony.
    (g) Decision by Secretary. The Secretary may grant or deny the 
application. Any action taken by the Secretary shall be in the form of 
an order filed with the hearing clerk and shall contain a brief 
statement of the reasons for the action taken. The hearing clerk shall 
cause copies of the order to be served upon the parties.

Sec. 900.71  Hearing before Secretary.

    The Secretary may act in the place and stead of a judge in any 
proceeding hereunder. When he so acts the hearing clerk shall transmit 
the record to the Secretary at the expiration of the period provided for 
the filing of proposed findings of fact, conclusions and orders, and the 
Secretary shall thereupon, after due consideration of the record, issue 
his final order in the proceeding; Provided, That he may issue a 
tentative order in which event the parties shall be afforded an 
opportunity to file appeals before the issuance of the final order.

Subpart--Supplemental Rules of Practice for Marketing Orders, Marketing 
 Agreements, and Requirements Issued Pursuant to 7 U.S.C. 608b(b) and 7 
            U.S.C. 608e Covering Fruits, Vegetables, and Nuts

    Authority: 7 U.S.C. 601-74.

    Source: 61 FR 20717, May 8, 1996, unless otherwise noted.

 Sec. 900.80  Words in the singular form.

    Words in this subpart in the singular form shall be deemed to import 
the plural, and vice versa, as the case may demand.

Sec. 900.81  Definitions.

    As used in this subpart, the terms as defined in the act shall apply 
with equal force and effect. In addition, unless the context otherwise 
requires:
    (a) The term Act means Public Act No. 10, 73 Congress (48 Stat. 31) 
as amended and as reenacted and amended by the Agricultural Marketing 
Agreement Act of 1937 (50 Stat. 246), as amended.
    (b) The term Department means the United States Department of 
Agriculture.
    (c) The term Secretary means the Secretary of Agriculture of the 
United States, or any officer or employee of the Department to whom 
authority has heretofore been delegated, or to whom authority may 
hereafter be delegated, to act in his stead.
    (d) The term Administrator means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any officer 
or employee of the Department to whom authority has been delegated or 
may hereafter be delegated to act in his stead.
    (e) The term proceeding means a proceeding before the Secretary 
arising under sections 8a, 8b(b), 8c(14), 8e, 10(c) and 10(h).
    (f) The term hearing means that part of the proceeding which 
involves the submission of evidence.
    (g) The term marketing agreement means any marketing agreement or 
any amendment thereto which may be entered into pursuant to section 8b 
of the act.
    (h) The term marketing order means any order or any amendment 
thereto which may be issued pursuant to section 8c of the act, and after 
notice and hearing as required by said section.
    (i) The term handler means any person who, by the terms of a 
marketing order or marketing agreement, is subject thereto, or to whom a 
marketing order or marketing agreement is sought to be made applicable.
    (j) The term importer means any person who, by the terms of section 
8e of the act, is subject thereto.

[[Page 24]]

    (k) The term person means any individual, corporation, partnership, 
association, or any other business unit.

Sec. 900.82  Stipulation procedures.

    The Administrator, or the Administrator's representative, may, at 
any time before the issuance of a complaint seeking a civil penalty 
under the Act, enter into a stipulation with any handler or importer in 
accordance with the following procedures:
    (a) The Administrator, or the Administrator's representative, shall 
give the handler or importer notice of the alleged violation of the 
applicable marketing order or marketing agreement, or the requirements 
issued pursuant to 7 U.S.C. 608b(b) and 7 U.S.C. 608e, and an 
opportunity for a hearing thereon as provided by the Act;
    (b) In agreeing to the proposed stipulation, the handler or importer 
expressly waives the opportunity for a hearing and agrees to pay a 
specified civil penalty within a designated time;
    (c) The Administrator, or the Administrator's representative, agrees 
to accept the specified civil penalty in settlement of the particular 
matter involved if it is paid within the designated time;
    (d) In cases where the handler or importer does not pay the 
specified civil penalty within the designated time, or the handler or 
importer does not agree to the stipulation, the Administrator may issue 
an administrative complaint; and
    (e) The civil penalty that the Administrator may have proposed in a 
stipulation agreement shall have no bearing on the civil penalty amount 
that the Department may seek in a formal administrative proceeding 
against the same handler or importer for the same alleged violation.

Subpart--Procedure Governing Meetings To Arbitrate and Mediate Disputes 
                Relating to Sales of Milk or Its Products

    Authority: Sec. 3, 50 Stat. 248; 7 U.S.C. 671.

Sec. 900.100  Words in the singular form.

    Words in this subpart in the singular form shall be deemed to import 
the plural, and vice versa, as the case may demand.

Sec. 900.101  Definitions.

    As used in this subpart, the terms as defined in the Act shall apply 
with equal force and effect. In addition, unless the context otherwise 
requires:
    (a) The term Act means section 3 of the Agricultural Marketing 
Agreement Act of 1937, as amended (50 Stat. 248, as amended; 7 U.S.C. 
671);
    (b) The term Department means the United States Department of 
Agriculture;
    (c) The term Secretary means the Secretary of Agriculture of the 
United States, or any officer or employee of the Department to whom 
authority has heretofore been delegated, or to whom authority may 
hereafter be delegated, to act in his stead;
    (d) The term General Counsel means the General Counsel of the 
Department;
    (e) The term Administrator means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any officer 
or employee of the Department to whom authority has been delegated or 
may hereafter be delegated to act in his stead.
    (f) The term Service means the Agricultural Marketing Service.
    (g) The term Division means the Dairy Division of the Service.
    (h) The term cooperative means any association, incorporated or 
otherwise, which is in good faith owned or controlled by producers, or 
organizations thereof, of milk or its products, and which is bona fide 
engaged in the collective processing or preparing for market or handling 
or marketing, in the current of interstate or foreign commerce, of milk 
or its products;
    (i) The term arbitrator means any officer or employee of the Service 
designated by the Administrator, pursuant to the Act, to arbitrate a 
bona fide dispute with reference to the terms and conditions of the sale 
of milk or its products between a producer cooperative and purchasers, 
handlers, processors, or distributors of milk or its products;
    (j) The term mediator means any officer or employee of the Service 
designated by the Administrator, pursuant to the act, to mediate a bona 
fide dispute with reference to terms and conditions of the sale of milk 
or its products between a producer cooperative and purchasers, handlers, 
processors, or distributors of milk or its products;
    (k) The term hearing clerk means the hearing clerk, United States 
Department of Agriculture, Washington, DC.

[25 FR 5907, June 28, 1960, as amended at 26 FR 7797, Aug. 22, 1961, 28 
FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972]

Sec. 900.102  Filing of applications for mediation or arbitration.

    All applications for mediation or arbitration, all submissions, and 
all correspondence regarding mediation or arbitration shall be addressed 
to the Secretary, attention of the Division.

Sec. 900.103  Application for mediation.

    An application for mediation by cooperative shall be in writing and 
shall include the following information:
    (a) Names in full of the parties to the dispute and their addresses;
    (b) Description of the cooperative organization and business, 
including copies of the

[[Page 25]]

articles of incorporation or association, bylaws, and membership 
contract; information regarding the number of shares of outstanding 
stock and the approximate portion owned by active producers; a statement 
of the function performed in connection with the collective processing, 
preparing, handling, or marketing of milk or its products; and data 
relative to the distribution of membership by States, the distribution 
by States of plant facilities for collecting, processing, or disposing 
of milk or its products, and the business operations for the year last 
past, including the total quantity of milk and its products handled by 
the applicant and the proportion of that quantity that was sold in 
States other than the States of production;
    (c) Suggested time and place for meeting between parties and 
mediator.

Sec. 900.104  Inquiry by the Administrator.

    Upon receipt of an application for mediation, the Administrator, 
through such officers or employees of the Service as he may designate, 
may make any inquiry which is deemed to be necessary or proper in order 
to determine whether a bona fide dispute exists.

Sec. 900.105  Notification.

    The Administrator, acting on behalf of the Secretary will notify the 
applicant as to whether he considers that mediation will effectuate the 
purpose of the act and as to whether he will mediate.

Sec. 900.106  Assignment of mediator.

    The Director of the Division shall assign a mediator, from the group 
designated by the Administrator, to act in such capacity.

Sec. 900.107  Meetings.

    All meetings held pursuant to Secs. 900.103 to 900.109 shall be held 
with and under the direction of the mediator.

Sec. 900.108  Mediator's report.

    The mediator, upon the completion of mediation proceedings, shall 
submit to the Administrator a complete report on such proceedings.

Sec. 900.109  Mediation agreement.

    An agreement arrived at by mediation shall not become effective 
until approved by the Secretary, and the Secretary will not approve an 
agreement if there is evidence of fraud, if there is a lack of evidence 
to support the agreement, or if the agreement provides for any unfair 
trade practice.

Sec. 900.110  Application for arbitration.

    An application for arbitration by a cooperative shall be in writing 
and shall contain the following information:
    (a) Names in full of the parties to the dispute and their addresses;
    (b) The same information required under Sec. 900.103(b);
    (c) Concise statement of dispute to be submitted;
    (d) Originals or certified copies of all contracts, if any, involved 
in the dispute, and of correspondence which has passed between the 
parties and of any other documents or information relied upon;
    (e) Dates before which it is desired that the hearing shall be had 
and the award shall become effective;
    (f) Suggested time and place for arbitration hearing.
    The applicant shall send a copy of the application to each other 
party to the dispute.

Sec. 900.111  Inquiry by the Administrator.

    Upon receipt of an application for arbitration, the Administrator, 
through such officers or employees of the Service as he may designate, 
may make any inquiry deemed to be necessary or proper in order to 
determine whether a bona fide dispute exists, to assist the parties in 
reducing the dispute to well-defined issues, and to select an arbitrator 
who would be satisfactory to all parties.

Sec. 900.112  Notification.

    The Administrator, acting on behalf of the Secretary, within a 
reasonable time after the receipt of an application, will notify the 
applicant as to whether he will grant the application.

Sec. 900.113  Submission.

    Within a reasonable time after the receipt of the Administrator's 
consent to arbitrate, the parties to the dispute shall file with the 
Administrator a formal submission, which shall contain the following 
information:
    (a) Names in full of the parties;
    (b) Addresses of the parties to whom all notifications and 
communications concerning the arbitration shall be sent;
    (c) Description of the organization and businesses of all parties to 
the dispute, including sufficient information to show that the 
cooperative is a bona fide one, and that the parties are engaged in 
activities in the current of interstate or foreign commerce;
    (d) Concise statement of the specific questions submitted and a 
brief outline of the contentions of each party to the dispute, and a 
statement as to the period of time during which the award shall be in 
effect, said period to be not less than thirty days from the effective 
date of the award;
    (e) Name of arbitrator;
    (f) Time and place of arbitration, including street address;
    (g) Stipulation by the parties that they will produce any books, 
records, and correspondence required by the arbitrator as being 
necessary to a fair determination of the dispute;

[[Page 26]]

    (h) Agreement by the parties that they will consider the award as 
final and will comply therewith;
    (i) Stipulation by the parties that arbitration is to take place 
under rules and regulations issued by the Secretary, and that any such 
rules and regulations pertaining to mediation and arbitration shall be 
considered a part of the submission;
    (j) Stipulation that a stenographic report of the proceedings must 
be made.
    The submission shall be signed by each party before a notary public, 
and when the signature is that of an agent of a corporation or 
cooperative association, the same shall be accompanied by evidence of 
the authority to sign.
    A submission may be withdrawn at any time before the award, and any 
question held by the arbitrator to be a separable question may be 
withdrawn before award by agreement of all parties. When any question is 
so withdrawn, the parties shall file with the arbitrator the agreement 
on that question reached by the parties, showing all the details 
thereof, and the arbitrator shall include it in the record of the 
arbitration.

Sec. 900.114  Designation of arbitrator.

    The Administrator, after receiving the submission, will designate 
one or more persons to act as arbitrator.

Sec. 900.115  Hearing.

    The arbitrator shall have full discretion to conduct the hearing in 
such manner as will, in his opinion, enable him to ascertain all the 
facts in the case.
    Parties to the dispute may appear in person or by duly accredited 
agents and may be represented by counsel.
    All relevant and material evidence may be presented. The arbitrator 
shall not be bound by the legal rules of evidence.
    The arbitrator, in the presence of the parties, may require the 
production of books and records for examination by himself, but not for 
examination of confidential information by other parties to the dispute 
unless the party producing the same consents to its examination by the 
other parties to the dispute.
    No evidence offered by one party shall be received except in the 
presence of all parties unless the parties so agree in a submission 
specifying the nature of the evidence to be received.
    Final determination as to what will be considered confidential 
information shall be made by the arbitrator.
    The arbitrator may request the opinions of economists, marketing 
specialists, statisticians, lawyers, accountants, and other experts.
    When more than two arbitrators are designated to hear a dispute, and 
they disagree, the award of the majority shall be the final award. If 
the arbitrators are evenly divided, there shall be no award.
    A stenographic record of all the proceedings during an arbitration 
must be made.

Sec. 900.116  Award.

    An award shall be made within ten days after the close of the 
hearing.
    The award shall be in writing and shall cover only points of dispute 
raised in the submission.
    The arbitrator, in making the award, may use his own technical 
knowledge in addition to the evidence submitted by the parties.
    The award shall state the period during which it shall be in effect, 
said period to be not less than thirty days from the effective date 
thereof; and said period may be extended by agreement among the parties 
upon notification thereof to the Administrator, unless or until the 
Administrator withdraws his approval.
    The arbitrator shall sign the award in the presence of a notary 
public, or, when more than one arbitrator is designated the arbitrator 
shall sign in the presence of each other.
    Copies of the award shall be delivered to the parties by the 
Division.

Sec. 900.117  Approval of award.

    The award shall not become effective until approved by the 
Secretary, and the Secretary will not approve an award if there is 
evidence of fraud, or evidence of misconduct upon the part of the 
arbitrator, or lack of evidence to support the award, or if the award 
provides for any unfair trade practice.

Sec. 900.118  Costs.

    The parties jointly shall pay for the stenographic record. A copy of 
the record shall be furnished by the parties to the arbitrator and shall 
be forwarded by him to the Administrator, ultimately to be filed in the 
office of the hearing clerk.
    The arbitrator shall not receive compensation for parties to the 
dispute.

                   Subpart--Miscellaneous Regulations

    Authority: Sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610.

Sec. 900.200  Definitions.

    As used in this subpart, the terms as defined in the Act shall apply 
with equal force and effect. In addition, unless the context otherwise 
requires:
    (a) The term Act means Public Act No. 10, 73d Congress (48 Stat. 
31), as amended and as reenacted and amended by the Agricultural 
Marketing Agreement Act of 1937 (50 Stat. 246, 7 U.S.C. 601), as 
amended;
    (b) The term Department means the United States Department of 
Agriculture;

[[Page 27]]

    (c) The term Secretary means the Secretary of Agriculture of the 
United States, or any officer or employee of the Department to whom 
authority has heretofore been delegated, or to whom authority may 
hereafter be delegated, to act in his stead;
    (d) The term General Counsel means the General Counsel of the 
Department;
    (e) The term Administrator means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any officer 
or employee of the Department to whom authority has been delegated or 
may hereafter be delegated to act in his stead.
    (f) [Reserved]
    (g) The term Federal Register means the publication provided for by 
the Act of July 26, 1935 (49 Stat. 500), and acts supplementary thereto 
and amendatory thereof;
    (h) The term marketing agreement means any marketing agreement or 
any amendment thereto which may be entered into pursuant to section 8b 
of the Act;
    (i) The term marketing order means any order or any amendment 
thereto which may be issued pursuant to section 8c of the Act;
    (j) The term person means any individual, corporation, partnership, 
association, or any other business unit;
    (k) The term official means the Secretary, any officer, employee, or 
other person employed or appointed by the Department, and any agency or 
agent appointed by the Secretary to administer a marketing agreement or 
a marketing order, and any agent or employee of any such agency or 
agent;
    (l) The term information means and includes reports, books, 
accounts, records, and the facts and information contained therein and 
required to be furnished to or acquired by any official pursuant to the 
provisions of any marketing agreement or marketing order.

[25 FR 5907, June 28, 1960, as amended at 26 FR 7796, Aug. 22, 1961; 28 
FR 579, Jan. 23, 1963]

Sec. 900.201  Investigation and disposition of alleged violations.

    Whenever the Administrator has reason to believe that any handler 
has violated, or is violating, the provisions of any marketing order, he 
may institute such investigation and, after due notice to such handler, 
conduct such hearing in order to determine the facts as, in his opinion, 
are warranted. If, in the opinion of the Administrator and the General 
Counsel, the facts developed as a result of such investigation or 
hearing warrant such action, the General Counsel shall refer the matter 
to the Attorney General for appropriate action.

Sec. 900.210  Disclosures of information.

    All information in the possession of any official which relates to 
the business or property of any person, and which was furnished by, or 
obtained from, such person pursuant to the provisions of any marketing 
agreement or marketing order, shall be kept confidential and shall not 
be disclosed, divulged, or made public, unless otherwise expressly 
provided in said marketing agreement or marketing order, or unless said 
person authorizes said official, in writing, to disclose such 
information, except that:
    (a) Such information may be disclosed, divulged, or made public if 
it has been obtained from or furnished by a person who is not the person 
to whose business or property such information relates or an employee of 
such latter person, or if such information is otherwise required by law 
to be furnished to an official;
    (b) Such information may be furnished to other officials for use in 
the regular course of their official duties;
    (c) Such information may be combined and published in the form of 
general statistical studies or data in which the identity of the person 
furnishing such information or from whom it was obtained shall not be 
disclosed;
    (d) Such information may be disclosed upon lawful demand made by the 
President or by either House of Congress or any committee thereof, or, 
if the Secretary determines that such disclosure is not contrary to the 
public interest, such information may be disclosed in response to a 
subpena by any court of competent jurisdiction.
    (e) Such information may be offered in evidence (whether or not it 
has been obtained from or furnished by the person against whom it is 
offered) by or on behalf of the Secretary, the United States, or the 
official who obtained it or to whom it was furnished, in any 
administrative hearing held pursuant to section 8c (15)(A) of the Act or 
in any action, suit, or proceeding, civil or criminal, in which the 
Secretary or the United States or any such official is a party, and (1) 
which is instituted (i) for the purpose of enforcing or restraining the 
violation of any marketing agreement or marketing order, or (ii) for the 
purpose of collecting any penalty or forfeiture provided for in the act, 
or (iii) for the purpose of collecting any monies due under a marketing 
agreement or marketing order, or (2) in which the validity of any 
marketing agreement or marketing order, or any provision of either, is 
challenged or involved.
    (f) Such information may be furnished to the duly constituted 
authorities of any State, pursuant to a written agreement made under 
authority of section 10(i) of the Act, to the extent that such 
information is relevant to transactions within the regulatory 
jurisdiction of such authorities.

Sec. 900.211  Penalties.

    Any official who shall have violated the provisions of Sec. 900.210 
by wilfully divulging, disclosing, or making public any information

[[Page 28]]

acquired by or furnished to or in the possession or custody of such 
official pursuant to the provisions of a marketing agreement or 
marketing order shall be subject to a penalty of $100 for each offense. 
(The civil penalty provided in this section is prescribed under the 
authority contained in sec. 10(c) of the Act (7 U.S.C. 610(c)); this 
provision is not intended to supersede the provision in sec. 8d(2) of 
the Act (7 U.S.C. 608d(2)) for criminal liability and removal from 
office.

   Subpart--Procedure for Conduct of Referenda To Determine Producer 
   Approval of Milk Marketing Orders To Be Made Effective Pursuant to 
        Agricultural Marketing Agreement Act of 1937, as Amended

    Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.

    Source: 30 FR 15412, Dec. 15, 1965, unless otherwise noted.

Sec. 900.300  General.

    Unless otherwise prescribed, the procedure contained in this subpart 
shall be applicable to each producer referendum conducted for the 
purpose of ascertaining whether the issuance by the Secretary of a milk 
marketing order is approved or favored, as required under the applicable 
provisions of the Agricultural Marketing Agreement Act of 1937, as 
amended (48 Stat. 31, as amended, 7 U.S.C. 601-674). The procedure in 
this subpart replaces the procedure for conducting similar referenda (15 
FR 5177) issued August 7, 1950.

Sec. 900.301  Definitions.

    As used in this subpart and in all supplementary instructions, 
forms, and documents, unless the context or subject matter otherwise 
requires, the following terms shall have the following meanings:
    (a) Act. ``Act'' means Public Act. No. 10, 73d Congress (48 Stat. 
31), as amended and as re-enacted and amended by the Agricultural 
Marketing Agreement Act of 1937 (50 Stat. 246), as amended.
    (b) Department. ``Department'' means the United States Department of 
Agriculture.
    (c) Secretary. ``Secretary'' means the Secretary of Agriculture of 
the United States, or any officer or employee of the Department to whom 
authority has heretofore been delegated, or to whom authority may 
hereafter be delegated, to act in his stead.
    (d) Administrator. ``Administrator'' means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any officer 
or employee of the Department to whom authority has been delegated or 
may hereafter be delegated to act in his stead.
    (e) Person. ``Person'' includes any individual, partnership, 
corporation, association, and any other business unit.
    (f) Order. ``Order'' means the marketing order (including an 
amendatory order) with respect to which the Secretary has directed that 
a referendum be conducted.
    (g) Producer. ``Producer'' means any person who is a dairy farmer 
and who, during the representative period, met the requirements of the 
term ``producer'' as defined in the order had such order been in effect 
during the representative period.
    (h) Handler. ``Handler'' means any person who, during the 
representative period, met the requirements of the term ``handler'' as 
defined in the order had such order been in effect during the 
representative period.
    (i) Referendum agent. ``Referendum agent'' means the person 
designated by the Secretary to conduct the referendum.
    (j) Representative period. ``Representative period'' means the 
period designated by the Secretary pursuant to section 8c of the act (7 
U.S.C. 608c).
    (k) Cooperative association. ``Cooperative association'' means any 
association of producers that the administrator has found to be 
qualified pursuant to section 608c(12) of the Act.

[30 FR 15412, Dec. 5, 1965, as amended at 37 FR 8059, Apr. 25, 1972]

Sec. 900.302  Associations eligible to vote.

    (a) Any association of producers, not previously determined to be a 
cooperative association may file an application for a determination as 
to whether it is a cooperative association and thus eligible to vote in 
a referendum. Such application shall be filed with the Administrator at 
least 60 days prior to the holding of the referendum: Provided, however, 
That the Administrator may permit the filing of an application in less 
than 60 days when, in the opinion of the Administrator, such filing 
would not delay the conduct of the referendum.
    (b) Within a time fixed by the referendum agent, but not later than 
5 days prior to the final date for balloting, each cooperative 
association electing to vote shall, upon the request of the referendum 
agent, furnish to him a certified list showing the name and address of 
each producer for whom it claims the right to vote and the plant at 
which such person's milk was received during the representative period.

Sec. 900.303  Conduct of referendum.

    The referendum shall be conducted by mail in the manner prescribed 
in this subpart. The referendum agent may utilize such personnel or 
agencies of the Department as are deemed necessary by the Administrator.

[[Page 29]]

Sec. 900.304  Who may vote.

    (a) Each producer shall be entitled to only one vote and to cast one 
ballot in each referendum; and no person who may claim to be a producer 
shall be refused a ballot. Each producer casting more than one ballot 
with conflicting votes shall thereby invalidate all ballots cast by such 
producer in such referendum. Each ballot cast shall contain a 
certification by the person casting the ballot that he is a producer.
    (b) Except as provided in section 8c(5)(B) of the Act, as amended, 
any cooperative association eligible under Sec. 900.302 may, if it 
elects to do so, vote and cast one ballot for producers who are members 
of, stockholders in, or under contract with, such cooperative 
association. A cooperative association shall submit with its ballot, a 
certified copy of the resolution authorizing the casting of the ballot. 
Each such cooperative association entitled to vote in a referendum 
casting more than one ballot with conflicting votes shall thereby 
invalidate all ballots cast by such voter in such referendum.
    (c) Voting by proxy or agent, or in any manner, except by the 
producer or cooperative association will not be permitted; however, a 
producer which is other than an individual may cast its ballot by a 
person who is duly authorized and such ballot shall contain a 
certification by such person that the person on whose behalf the ballot 
is cast is a producer.

Sec. 900.305  Duties of referendum agent.

    The referendum agent shall also:
    (a) For purposes of mailing, prepare a record of producers which 
will disclose the name of each such person, his address, the name of the 
handler who received the producer's milk during the representative 
period, and the name of the cooperative association, if any, which 
claims the right to vote for the producer. Such record may be compiled 
from readily available sources, including the following:
    (1) Records of the Department;
    (2) Producer records supplied by handlers;
    (3) Health authority records;
    (4) Certifications signed by dairy farmers who claim to be 
producers;
    (5) Any other reliable sources of information which may be available 
to the referendum agent.
    (b) Apply, as a guide, the following criteria in preparing a record 
of producers:
    (1) When the order requires approval by an appropriate health 
authority before a person meets the definition of producer, only those 
persons having such approval and who otherwise meet the definition may 
be regarded as producers. When the definition of producer requires the 
shipment of milk to a handler or a plant as well as health authority 
approval, only those persons having such approval and whose milk was 
received by a handler or at a plant may be regarded as producers.
    (2) When the order requires shipment to a handler or to a plant, 
without regard to health authority approval, a person may not be 
regarded as a producer, except as provided in paragraph (b)(6) of this 
section, unless his name appears on the handler's producer records.
    (3) In the case of a producer that is other than an individual, the 
business unit shall be regarded as the producer.
    (4) No person may be included in the record more than once although 
he may operate more than one farm, hold more than one health authority 
approval, or appear on more than one handler's producer records.
    (5) In the event the health authority records are not available, are 
inaccurate, or are incomplete, the appearance of the producer's name on 
a handler's records as an approved producer shall be prima facie 
evidence of health authority approval.
    (6) In the event any handler refuses or fails to make his records 
available to the referendum agent, a certification signed by the 
producer shall be regarded by the referendum agent as prima facie 
evidence that such person is eligible to vote.
    (c) Verify the information supplied by each cooperative association 
which wishes to vote on behalf of producers, as follows:
    (1) Examine the records of the cooperative association for the 
prupose of ascertaining whether each producer claimed by the cooperative 
association is a member of, stockholder in, or under contract with the 
cooperative association.
    (2) Identify the persons ascertained to be members of, stockholders 
in, or under contract with a cooperative association which wishes to 
vote on behalf of its producers with the names of producers which appear 
on the record compiled pursuant to paragraph (a) of this section.
    (3) In determining whether a cooperative association may vote on 
behalf of a producer the following criteria shall be used:
    (i) The cooperative association may vote for each producer who is a 
member of, stockholder in, or under contract with such cooperative 
association on the date of the order directing that the referendum be 
conducted.
    (ii) The cooperative association may cast only one ballot for all 
such producers.
    (iii) Whenever more than one cooperative association claims the 
right to vote for a producer only the cooperative association which 
furnished evidence satisfactory to the referendum agent that such 
association was in fact marketing the milk of the producer on the date 
of the referendum order may vote for such producer.

Sec. 900.306  Notice of the referendum.

    (a) The referendum agent shall at least 5 days prior to the final 
date for balloting:

[[Page 30]]

    (1) Mail to each cooperative association which has elected to cast a 
ballot on behalf of its producers and to each of all other known 
producers, a notice of the referendum which will include instructions 
for completing the ballot, a statement as to the time within which the 
ballot must be mailed to, and received by, the referendum agent, a copy 
of the final decision, and a ballot containing a description of the 
terms and conditions of the order.
    (2) Give public notice of the referendum:
    (i) By furnishing press releases and other information to available 
media of public information (including but not limited to press, radio, 
and television facilities) serving the area, announcing the time within 
which ballots must be completed and mailed to and received by the 
referendum agent, eligibility requirements, where additional information 
may be procured, and other pertinent information; and
    (ii) By such other means as said agent may deem advisable.

Sec. 900.307  Time for voting.

    There shall be no voting except within the time specified by the 
referendum agent as stated in the notice of the referendum.

Sec. 900.308  Tabulation of ballots.

    (a) General. The referendum agent shall verify the information 
supplied with each ballot. If he ascertains that the person who cast the 
ballot was eligible to do so, that the ballot is complete and was mailed 
and received within the prescribed time, the ballot shall be eligible to 
be counted. If the referendum agent ascertains that the person who cast 
the ballot was not eligible to do so, or if the producer who cast the 
ballot was a member of, stockholder in, or under contract with a 
cooperative association which cast a valid ballot, or if the ballot is 
not completed or cast in accordance with instructions, or if the ballot 
was not mailed to or received by the referendum agent within the 
prescribed time, the ballot shall be marked ``disqualified'' with a 
notation on the ballot as to the reason for the disqualification. The 
total number of ballots cast, including the disqualified ballots, shall 
be ascertained. The number of eligible ballots cast approving and the 
number of eligible ballots cast disapproving the issuance of the order 
shall also be ascertained. The ballots marked ``disqualified'' shall not 
be considered as approving or disapproving the issuance of the order, 
and the persons who cast such ballots shall not be regarded as 
participating in the referendum.
    (b) Individual-handler pool provisions. Whenever separate approval 
of the pooling provisions of the order is required by section 
608c(5)(B)(i) of the Act, any ballot which approves the issuance of the 
order and disapproves the pooling provisions, or approves the pooling 
provisions and disapproves the issuance of the order, shall be 
disqualified; and the referendum agent shall mark the ballot 
accordingly.
    (c) Record of results of the referendum. The referendum agent shall 
notify the Administrator of the number of eligible ballots cast, the 
count of the votes, the number of disqualified ballots and the number of 
producers who were eligible to cast ballots. The referendum agent shall 
seal the ballots, including those marked ``disqualified'', the list of 
eligible voters and tabulation of ballots, and shall transmit to the 
Administrator a complete detailed report of all action taken in 
connection with the referendum together with all the ballots cast and 
all other information furnished to or compiled by the referendum agent.
    (d) Announcement of the results of the referendum. Announcement of 
the results of the referendum will be made only at the direction of the 
Secretary. The referendum agent, or others who assist in the referendum, 
shall not disclose the results of the referendum or the total number of 
ballots cast.

Sec. 900.309  Confidential information.

    The ballots cast, the identity of any person who voted, or the 
manner in which any person voted and all information furnished to, 
compiled by, or in the possession of the referendum agent, shall be 
regarded as confidential.

Sec. 900.310  Supplementary instructions.

    The Administrator is authorized to issue instructions and to 
prescribe forms and ballots, not inconsistent with the provisions of 
this subpart, to govern the conduct of referenda by referendum agents.

Sec. 900.311  Submittals or requests.

    Interested persons may secure information or make submittals or 
requests to the Administrator with respect to the provisions contained 
in this subpart.

Subpart--Procedure for Determining the Qualification of Cooperative Milk 
                         Marketing Associations

    Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.

    Source: 32 FR 9821, July 6, 1967, unless otherwise noted.

Sec. 900.350  General statement.

    Cooperative marketing associations apply for qualification by the 
Secretary under the Federal milk order program for certain privileges 
and exemptions. These privileges and exemptions are expressed in the 
Agricultural Marketing Agreement Act of 1937 (50

[[Page 31]]

Stat. 246) as amended, and the milk marketing orders issued pursuant to 
its provisions.

Sec. 900.351  Applications for qualification.

    Any association of producers may apply for determinations as to 
whether it is a qualified cooperative association with authority to 
represent producers in order referendums; has authorization to collect 
payment from handlers for members' milk; and is rendering specified 
marketing services to producers. Applicant associations should supply 
information for these determinations, using as a guide Application Form 
DA-25. The application form may be obtained from the Dairy Division, 
Agricultural Marketing Service, United States Department of Agriculture, 
Washington, DC 20250. Determinations required of the Secretary of 
Agriculture, or the Administrator of the Agricultural Marketing Service, 
by delegation are made by the Director of the Dairy Division. Once 
issued they are valid until amended, suspended or terminated.

Sec. 900.352  Confidential information.

    The documents and other information submitted by an applicant 
association and otherwise obtained by investigation, examination of 
books, documents, papers, records, files and facilities, and in reports 
filed subsequent to initial determinations of qualification, shall be 
regarded as confidential and shall be governed by Sec. 900.210.

Sec. 900.353  Qualification standards.

    Statutory requirements for qualification of cooperative associations 
are provided in subsections (5) and (12) of section 608c of the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 
et seq.). The association must: (a) Be a cooperative marketing 
association of producers, qualified under the provisions of the Act of 
Congress of February 18, 1922, as amended, known as the ``Capper-
Volstead Act,'' (7 U.S.C. 291, 292); (b) have its entire organization 
and all of its activities under the control of its members; (c) have 
full authority in the sale of its members' milk; and (d) be engaged in 
making collective sales or marketing of milk or milk products for the 
producers thereof. Qualification for exemption from deductions for 
marketing service payments under specific marketing orders and payment 
for milk of members under specific orders shall be determined in 
accordance with the terms of the respective marketing orders.

Sec. 900.354  Inspection and investigation.

    The Secretary of Agriculture, or his duly authorized representative, 
shall have the right, at any time after an application is received, to 
examine all books, documents, papers, records, files and facilities of 
the association, to verify any of the information submitted and to 
procure such other information as may be required to determine whether 
the association is qualified in accordance with its application.

Sec. 900.355  Annual reporting.

    Determinations of qualification for privileges and exemptions are 
subject to amendment, termination or suspension if the association does 
not currently meet the qualification standards. An association found to 
be qualified pursuant to the Act is required to file an annual report 
after its annual meeting has been held following the close of its fiscal 
year. Form DA-24 is used for this purpose. The report form is available 
at the Dairy Division, Agricultural Marketing Service, U.S. Department 
of Agriculture, Washington, DC 20250. The association is required to 
file a copy of its report with the Dairy Division at Washington and with 
the market administrator of each order under which it operates.

Sec. 900.356  Listing of qualified associations.

    A copy of each determination of qualification is furnished to the 
respective association. Copies are also filed in the Dairy Division, 
Agricultural Marketing Service, and with the Hearing Clerk, Office of 
the Secretary, U.S. Department of Agriculture, Washington, DC 20250, 
where they are available for public inspection. A list of qualified 
associations engaged in marketing milk under a particular milk marketing 
order is maintained at the office of the market administrator of the 
order.

Sec. 900.357  Denial of application; suspension or revocation of 
          determination of qualification.

    Any cooperative association whose application has been wholly or 
partially denied, or whose determination of qualification has been 
wholly or partly revoked or suspended, may petition the Secretary for a 
review of such action. Such petition shall state facts relevant to the 
matter for which review is sought. After due notice to such cooperative 
association, the Director of the Dairy Division, or in his absence the 
Acting Director, shall hold, in the manner hereinafter specified, an 
informal hearing.
    (a) Notice. Notice shall be given in writing and shall be mailed to 
the last known address of the association, or of an officer thereof, at 
least 3 days before the date set for a hearing. Such notice shall 
contain: A statement of the time and place of the hearing, said place to 
be as convenient to the association as can reasonably be arranged, and 
may contain a statement of the reason for calling the hearing and the 
nature of the questions upon which evidence is desired or upon which 
argument may be presented.

[[Page 32]]

    (b) Parties. Hearings are not to be public and are to be attended 
only by representatives of the association and of the Government, and 
such other persons as either the association or the Government desires 
to have appear for purposes of submitting information or as counsel.
    (c) Conduct of hearing. The Director or Acting Director of the Dairy 
Division, or a person designated by him, shall preside at the hearing. 
The hearing shall be conducted in such manner as will be most conducive 
to the proper disposition of the matter. Written statements or briefs 
may be filed by the association within the time specified by the 
presiding officer.
    (d) Preliminary report. The presiding officer shall prepare a 
preliminary report setting forth a recommendation as to what action 
shall be taken and the basis for such action. A copy of said report 
shall be served upon the association by mail or in person. The 
association may file exceptions to said report within 10 days after 
service thereof.
    (e) Final report. After due consideration of all the facts and the 
exceptions, if any, the Director of the Dairy Division shall issue a 
final report setting forth the action to be taken and the basis for such 
action.

   Subpart--Procedure for the Conduct of Referenda in Connection With 
   Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the 
        Agricultural Marketing Agreement Act of 1937, as Amended

    Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.

    Source: 30 FR 15414, Dec. 15, 1965, unless otherwise noted.

Sec. 900.400  General.

    Referenda for the purpose of ascertaining whether the issuance by 
the Secretary of Agriculture of a marketing order to regulate the 
handling of any fruit, vegetable, or nut, or product thereof, or the 
continuance or termination of such an order, is approved or favored by 
producers or processors shall, unless supplemented or modified by the 
Secretary, be conducted in accordance with this subpart.

Sec. 900.401  Definitions.

    (a) Act means Public Act No. 10, 73d Congress (48 Stat. 31), as 
amended, and as reenacted and amended by the Agricultural Marketing 
Agreement Act of 1937 (50 Stat. 246), as amended (7 U.S.C. 601-674).
    (b) Secretary means the Secretary of Agriculture of the United 
States, or any officer or employee of the Department to whom authority 
has heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in his stead; and Department means the United States 
Department of Agriculture.
    (c) Administrator means the Administrator of the Agricultural 
Marketing Service, with power to redelegate, or any officer or employee 
of the Department to whom authority has been delegated or may hereafter 
be delegated to act in his stead.
    (d) Order means the marketing order (including an amendatory order) 
with respect to which the Secretary has directed that a referendum be 
conducted.
    (e) Referendum agent means the individual or individuals designated 
by the Secretary to conduct the referendum.
    (f) Representative period means the period designated by the 
Secretary pursuant to section 8c of the Act (7 U.S.C. 608c).
    (g) Person means any individual, partnership, corporation, 
association, or other business unit. For the purpose of this definition, 
the term ``partnership'' includes (1) a husband and wife who have title 
to, or leasehold interest in, land as tenants in common, joint tenants, 
tenants by the entirety, or, under community property laws, as community 
property, and (2) so-called ``joint ventures,'' wherein one or more 
parties to the agreement, informal or otherwise, contributed capital and 
others contribute labor, management, equipment, or other services, or 
any variation of such contributions by two or more parties, so that it 
results in the growing of the commodity for market and the authority to 
transfer title to the commodity so produced.
    (h) Producer means any person defined as a producer in the order 
who: (1) Owns and farms land, resulting in his ownership of the 
commodity produced thereon; (2) rents and farms land, resulting in his 
ownership of all or a portion of the commodity produced thereon; or (3) 
owns land which he does not farm and, as rental for such land, obtains 
the ownership of a portion of the commodity produced thereon. Ownership 
of, or leasehold interest in, land and the acquisition, in any manner 
other than as hereinbefore set forth, of legal title to the commodity 
grown thereon shall not be deemed to result in such owners or lessees 
becoming producers.

[30 FR 15414, Dec. 15, 1965, as amended at 37 FR 8059, Apr. 25, 1972]

Sec. 900.402  Voting.

    (a) Each person who is a producer, as defined in this subpart, at 
the time of the referendum and who also was a producer during the 
representative period, shall be entitled to only one vote in the 
referendum, except that: (1) In a landlord-tenant relationship, wherein 
each of the parties is a producer, each such producer shall be entitled 
to one vote in the referendum; and (2) a cooperative association of 
producers, bona fide engaged in marketing the commodity or product

[[Page 33]]

thereof proposed to be regulated, or in rendering services for or 
advancing the interest of the producers of such commodity or product, 
may, if it elects to do so, vote, both by number and total volume, for 
the producers who are members of, stockholders in, or under contract 
with such association.
    (b) Whenever, as required by the act, processors vote on the 
issuance of an order, each processor who is engaged in canning or 
freezing within the production area of the commodity covered by the 
order shall be entitled to vote in the referendum the quantity of such 
commodity canned or frozen within the production area for market by him 
during the representative period determined by the Secretary.
    (c) Proxy voting is not authorized but an officer or employee of a 
corporate producer, processor or cooperative association, or an 
administrator, executor or trustee of a producing estate may cast a 
ballot on behalf of such producer, processor, estate, or cooperative 
association. Any individual so voting in a referendum shall certify that 
he is an officer or employee of the producer, processor, or cooperative 
association, or an administrator, executor, or trustee of a producing 
estate, and that he has the authority to take such action. Upon request 
of the referendum agent, the individual shall submit adequate evidence 
of such authority.
    (d) Each producer, cooperative association of producers, and 
processor entitled to vote in a referendum shall be entitled to cast one 
ballot in the referendum. Each producer, cooperative association of 
producers, and processor casting more than one ballot with conflicting 
votes shall thereby invalidate all ballots cast by such producer, 
cooperative association of producers, or processor in such referendum.

Sec. 900.403  Instructions.

    The referendum agent shall conduct the referendum, in the manner 
herein provided, under supervision of the Administrator. The 
Administrator may prescribe additional instructions, not inconsistent 
with the provisions hereof, to govern the procedure to be followed by 
the referendum agent. Such agent shall:
    (a) Determine the time of commencement and termination of the period 
of the referendum, and the time prior to which all ballots must be cast.
    (b) Determine whether ballots may be cast by mail, at polling 
places, at meetings of producers or processors, or by any combination of 
the foregoing.
    (c) Provide ballots and related material to be used in the 
referendum. Ballot material shall provide for recording essential 
information for ascertaining (1) whether the person voting, or on whose 
behalf the vote is cast, is an eligible voter, and (2) the total volume 
(i) produced for market during the representative period, or (ii) canned 
or frozen for market during the representative period.
    (d) Give reasonable advance notice of the referendum (1) by 
utilizing without advertising expense available media of public 
information (including, but not being limited to, press and radio 
facilities) serving the production area, announcing the dates, places, 
or methods of voting, eligibility requirements, and other pertinent 
information, and (2) by such other means as said agent may deem 
advisable.
    (e) Make available to producers and the aforesaid cooperative 
associations which indicate to the agent their intentions to vote, and 
to processors when required, instructions on voting, appropriate ballot 
and certification forms, and, except in the case of a referendum on the 
termination or continuance of an order, the text of the proposed order 
and a summary of its terms and conditions: Provided, That no person who 
claims to be qualified to vote shall be refused a ballot.
    (f) If ballots are to be cast by mail, cause all the material 
specified in paragraph (e) of this section to be mailed to each producer 
(and processor when required) whose name and address is known to the 
referendum agent.
    (g) If ballots are to be cast at polling places or meetings, 
determine the necessary number of polling or meeting places, designate 
them, announce the time of each meeting or the hours during which each 
polling place will be open, provide the material specified in paragraph 
(e) of this section, and provide for appropriate custody of ballot forms 
and delivery to the referendum agent of ballots cast.
    (h) At the conclusion of the referendum, canvass the ballots, 
tabulate the results, and, except as otherwise directed, report the 
outcome to the Administrator and promptly thereafter submit the 
following:
    (1) All ballots received by the agent and appointees, together with 
a certificate to the effect that the ballots forwarded are all of the 
ballots cast and received by such persons during the referendum period;
    (2) A list of all challenged ballots deemed to be invalid; and
    (3) A tabulation of the results of the referendum and a report 
thereon, including a detailed statement explaining the method used in 
giving publicity to the referendum and showing other information 
pertinent to the manner in which the referendum was conducted.

Sec. 900.404  Subagents.

    The referendum agent may appoint any person or persons deemed 
necessary or desirable to assist said agent in performing his functions 
hereunder. Each person so appointed may be authorized by said agent to

[[Page 34]]

perform, in accordance with the requirements herein set forth, any or 
all of the following functions (which, in the absence of such 
appointment, shall be performed by said agent):
    (a) Give public notice of the referendum in the manner specified 
herein;
    (b) Preside at a meeting where ballots are to be cast or as poll 
officer at a polling place;
    (c) Distribute ballots and the aforesaid texts to producers (and to 
processors when required) and receive any ballots which are cast; and
    (d) Record the name and address of each person receiving a ballot 
from, or casting a ballot with, said subagent and inquire into the 
eligibility of such person to vote in the referendum.

Sec. 900.405  Ballots.

    The referendum agent and his appointees shall accept all ballots 
cast; but, should they, or any of them, deem that a ballot should be 
challenged for any reason, said agent or appointee shall endorse above 
his signature, on said ballot, a statement to the effect that such 
ballot was challenged, by whom challenged, the reasons therefor, the 
results of any investigations made with respect thereto, and the 
disposition thereof. Invalid ballots shall not be counted.

Sec. 900.406  Referendum report.

    Except as otherwise directed, the Administrator shall prepare and 
submit to the Secretary a report on results of the referendum, the 
manner in which it was conducted, the extent and kind of public notice 
given, and other information pertinent to analysis of the referendum and 
its results.

Sec. 900.407  Confidential information.

    All ballots cast and the contents thereof (whether or not relating 
to the identity of any person who voted or the manner in which any 
person voted) and all information furnished to, compiled by, or in 
possession of, the referendum agent shall be treated as confidential.

                       Subpart--Public Information

    Authority: 5 U.S.C. 301, 552.

    Source: 40 FR 20267, May 9, 1975, unless otherwise noted.

Availability of Program Information, Staff Manuals and Instructions, and 
                            Related Material

Sec. 900.500  General.

    This subpart is issued in accordance with the regulations of the 
Secretary of Agriculture in part 1, subpart A, of subtitle A of this 
title (7 CFR 1.1-1.16), and appendix A thereto, implementing the Freedom 
of Information Act (5 U.S.C. 552). The Secretary's regulations, as 
implemented by the regulations of this subpart, govern the availability 
of records of AMS to the public.

Sec. 900.501  Public inspection and copying.

    (a) Facilities for public inspection and copying of the indexes and 
materials required to be made available under Sec. 1.2(a) of this title 
will be provided by AMS during normal hours of operation. Request for 
this information should be made to the Freedom of Information Act 
Officer at the following address:

Freedom of Information Act Officer, Agricultural Marketing Service, 
United States Department of Agriculture, Washington, DC 20250.

    (b) Copies of such material may be obtained in person or by mail. 
Applicable fees for copies will be charged in accordance with the 
regulations prescribed by the Director, Office of Operations and 
Finance, USDA.

[44 FR 39151, July 5, 1979]

Sec. 900.502  Indexes.

    Pursuant to the regulations in Sec. 1.4(b) of this title, AMS will 
maintain and make available for public inspection and copying current 
indexes of all material required to be made available in Sec. 1.2(a) of 
this title. Notice is hereby given that publication of these indexes is 
unnecessary and impractical, since the material is voluminous and does 
not change often enough to justify the expense of publication.

[44 FR 39151, July 5, 1979]

Sec. 900.503  Request for records.

    (a) Requests for records under 5 U.S.C. 552(a)(3) shall be made in 
accordance with Sec. 1.3(a) of this title. Authority to make 
determinations regarding initial requests in accordance with Sec. 1.4(c) 
of this title is delegated to the Freedom of Information Act Officer of 
AMS. Requests should be submitted to the FOIA Officer at the following 
address:

Freedom of Information Act Officer (FOIA Request), Agricultural 
Marketing Service, United States Department of Agriculture, Washington, 
DC 20250.

    (b) The request shall identify each record with reasonable 
specificity as prescribed in Sec. 1.3 of this title.
    (c) The FOIA Officer is authorized to receive requests and to 
exercise the authority to (1) make determinations to grant requests or 
deny initial requests, (2) extend the administrative deadline, (3) make 
discretionary release of exempt records, and (4) make determinations 
regarding charges pursuant to the fee schedule.

[44 FR 39151, July 5, 1979]

[[Page 35]]

Sec. 900.504  Appeals.

    Any person whose request under Sec. 900.503 above is denied shall 
have the right to appeal such denial in accordance with Sec. 1.3(e) of 
this title. Appeals shall be addressed to the Administrator, 
Agricultural Marketing Service, U.S. Department of Agriculture, 
Washington, DC 20250.

                     Subpart--Information Collection

    Authority: 44 U.S.C. Ch. 35.

Sec. 900.600  General.

    This subpart shall contain such requirements as pertain to the 
information collection provisions under the Paperwork Reduction Act of 
1995.

[63 FR 10492, Mar. 4, 1998]

Sec. 900.601  OMB control numbers assigned pursuant to the Paperwork 
          Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
assigned to information collection requirements by the Office of 
Management and Budget contained in 7 CFR parts 905 through 998 under the 
Paperwork Reduction Act of 1995.
    (b) Display.

------------------------------------------------------------------------
                                                                Current
                                                                  OMB
          7 CFR part where identified and described             control
                                                                  No.
------------------------------------------------------------------------
905, Florida Oranges, Grapefruit Tangerines, Tangelos.......   0581-0094
906, Texas Oranges & Grapefruit.............................   0581-0068
911, Florida Limes..........................................   0581-0091
915, Florida Avocados.......................................   0581-0078
916, California Nectarines..................................   0581-0072
917, California Pears and Peaches...........................   0581-0080
920, California Kiwifruit...................................   0581-0149
922, Washington Apricots....................................   0581-0095
923, Washington Sweet Cherries..............................   0581-0133
924, Washington-Oregon Fresh Prunes.........................   0581-0134
925, S.E. California Desert Grapes..........................   0581-0109
927, Oregon-Washington-California Winter Pears..............   0581-0089
928, Hawaiian Papayas.......................................   0581-0102
929, Cranberries Grown in Designated States.................   0581-0103
930, Red Tart Cherries......................................   0581-0177
931, Oregon-Washington Bartlett Pears.......................   0581-0092
932, California Olives......................................   0581-0142
945, Idaho-Eastern Oregon Potatoes..........................   0581-0178
946, Washington Potatoes....................................   0581-0178
947, Oregon-California Potatoes.............................   0581-0178
948, Colorado Potatoes......................................   0581-0178
953, Southeastern Potatoes..................................   0581-0178
955, Vidalia Onions.........................................   0581-0178
956, Walla Walla Onions.....................................   0581-0178
958, Idaho-Oregon Onions....................................   0581-0178
959, South Texas Onions.....................................   0581-0178
966, Florida Tomatoes.......................................   0581-0178
979, South Texas Melons.....................................   0581-0178
981, California Almonds.....................................   0581-0071
982, Oregon-Washington Hazelnuts............................   0581-0178
984, California Walnuts.....................................   0581-0178
985, Spearmint Oil..........................................   0581-0065
987, California Dates.......................................   0581-0178
989, California Raisins.....................................   0581-0178
993, California Dried Prunes................................   0581-0178
997, Domestic Peanuts Not Covered Under the Peanut Marketing   0581-0163
 Agreement..................................................
998, Domestic Peanuts Covered Under the Peanut Marketing       0581-0067
 Agreement..................................................
------------------------------------------------------------------------


[63 FR 10492, Mar. 4, 1998]

[[Page 37]]



PART 1000--GENERAL PROVISIONS OF FEDERAL MILK MARKETING ORDERS--Table of Contents




                      Subpart A--Scope and Purpose

Sec.
1000.1 Scope and purpose of this part 1000.

                         Subpart B--Definitions

1000.2 General definitions.
1000.3 Route disposition.
1000.4 Plant.
1000.5 Distributing plant.
1000.6 Supply plant.
1000.8 Nonpool plant.
1000.9 Handler.
1000.14 Other source milk.
1000.15 Fluid milk product.
1000.16 Fluid cream product.
1000.17 [Reserved]
1000.18 Cooperative association.
1000.19 Commercial food processing establishment.

      Subpart C--Rules of Practice and Procedure Governing Market 
                             Administrators

1000.25 Market administrator.

               Subpart D--Rules Governing Order Provisions

1000.26 Continuity and separability of provisions.

      Subpart E--Rules of Practice and Procedure Governing Handlers

1000.27 Handler responsibility for records and facilities.
1000.28 Termination of obligations.

                    Subpart F--Classification of Milk

1000.40 Classes of utilization.
1000.41 [Reserved]
1000.42 Classification of transfers and diversions.
1000.43 General classification rules.
1000.44 Classification of producer milk.
1000.45 Market administrator's reports and announcements concerning 
          classification.

                         Subpart G--Class Prices

1000.50 Class prices, component prices, and advanced pricing factors.
1000.51 [Reserved]
1000.52 Adjusted Class I differentials.
1000.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1000.54 Equivalent price.

                      Subpart H--Payments for Milk

1000.70 Producer-settlement fund.
1000.76 Payments by a handler operating a partially regulated 
          distributing plant.
1000.77 Adjustment of accounts.
1000.78 Charges on overdue accounts.

  Subpart I--Administrative Assessment and Marketing Service Deduction

1000.85 Assessment for order administration.
1000.86 Deduction for marketing services.

                   Subpart J--Miscellaneous Provisions

1000.90 Dates.
1000.91-1000.92 [Reserved]
1000.93 OMB control number assigned pursuant to the Paperwork Reduction 
          Act.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 47899, Sept. 1, 1999, unless otherwise noted.



                      Subpart A--Scope and Purpose



Sec. 1000.1  Scope and purpose of this part 1000.

    This part sets forth certain terms, definitions, and provisions 
which shall be common to and apply to Federal milk marketing order in 7 
CFR, chapter X, except as specifically defined otherwise, or modified, 
or otherwise provided, in an individual order in 7 CFR, chapter X.



                         Subpart B--Definitions



Sec. 1000.2  General definitions.

    (a) Act means Public Act No. 10, 73d Congress, as amended and as 
reenacted and amended by the Agricultural Marketing Agreement Act of 
1937, as amended (7 U.S.C. 601 et seq.).
    (b) Order or Federal milk order means the applicable part of 7 CFR, 
chapter X, issued pursuant to Section 8c of the Act as a Federal milk 
marketing order (as amended).
    (c) Department means the U.S. Department of Agriculture.
    (d) Secretary means the Secretary of Agriculture of the United 
States or any officer or employee of the Department to whom authority 
has heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in his stead.

[[Page 38]]

    (e) Person means any individual, partnership, corporation, 
association, or other business unit.



Sec. 1000.3  Route disposition.

    Route disposition means a delivery to a retail or wholesale outlet 
(except a plant), either directly or through any distribution facility 
(including disposition from a plant store, vendor, or vending machine) 
of a fluid milk product in consumer-type packages or dispenser units 
classified as Class I milk.



Sec. 1000.4  Plant.

    (a) Except as provided in paragraph (b) of this section, plant means 
the land, buildings, facilities, and equipment constituting a single 
operating unit or establishment at which milk or milk products are 
received, processed, or packaged, including a facility described in 
paragraph (b)(2) of this section if the facility receives the milk of 
more than one dairy farmer.
    (b) Plant shall not include:
    (1) A separate building without stationary storage tanks that is 
used only as a reload point for transferring bulk milk from one tank 
truck to another or a separate building used only as a distribution 
point for storing packaged fluid milk products in transit for route 
disposition; or
    (2) An on-farm facility operated as part of a single dairy farm 
entity for the separation of cream and skim or the removal of water from 
milk.



Sec. 1000.5  Distributing plant.

    Distributing plant means a plant that is approved by a duly 
constituted regulatory agency for the handling of Grade A milk at which 
fluid milk products are processed or packaged and from which there is 
route disposition or transfers of packaged fluid milk products to other 
plants.



Sec. 1000.6  Supply plant.

    Supply plant means a plant approved by a duly constituted regulatory 
agency for the handling of Grade A milk that receives milk directly from 
dairy farmers and transfers or diverts fluid milk products to other 
plants or manufactures dairy products on its premises.



Sec. 1000.8  Nonpool plant.

    Nonpool plant means any milk receiving, manufacturing, or processing 
plant other than a pool plant. The following categories of nonpool 
plants are further defined as follows:
    (a) A plant fully regulated under another Federal order means a 
plant that is fully subject to the pricing and pooling provisions of 
another Federal order.
    (b) Producer-handler plant means a plant operated by a producer-
handler as defined under any Federal order.
    (c) Partially regulated distributing plant means a nonpool plant 
that is not a plant fully regulated under another Federal order, a 
producer-handler plant, or an exempt plant, from which there is route 
disposition in the marketing area during the month.
    (d) Unregulated supply plant means a supply plant that does not 
qualify as a pool supply plant and is not a plant fully regulated under 
another Federal order, a producer-handler plant, or an exempt plant.
    (e) An exempt plant means a plant described in this paragraph that 
is exempt from the pricing and pooling provisions of any order provided 
that the operator of the plant files reports as prescribed by the market 
administrator of any marketing area in which the plant distributes 
packaged fluid milk products to enable determination of the handler's 
exempt status:
    (1) A plant that is operated by a governmental agency that has no 
route disposition in commercial channels;
    (2) A plant that is operated by a duly accredited college or 
university disposing of fluid milk products only through the operation 
of its own facilities with no route disposition in commercial channels;
    (3) A plant from which the total route disposition is for 
individuals or institutions for charitable purposes without 
remuneration; or
    (4) A plant that has route disposition and packaged sales of fluid 
milk products to other plants of 150,000 pounds or less during the 
month.



Sec. 1000.9  Handler.

    Handler means:
    (a) Any person who operates a pool plant or a nonpool plant.

[[Page 39]]

    (b) Any person who receives packaged fluid milk products from a 
plant for resale and distribution to retail or wholesale outlets, any 
person who as a broker negotiates a purchase or sale of fluid milk 
products or fluid cream products from or to any pool or nonpool plant, 
and any person who by purchase or direction causes milk of producers to 
be picked up at the farm and/or moved to a plant. Persons who qualify as 
handlers only under this paragraph under any Federal milk order are not 
subject to the payment provisions of Secs. --------.70, --------.71, --
------.72, --------.73, --------.76, and --------.85 of that order.
    (c) Any cooperative association with respect to milk that it 
receives for its account from the farm of a producer and delivers to 
pool plants or diverts to nonpool plants pursuant to Sec. --------.13 of 
the order. The operator of a pool plant receiving milk from a 
cooperative association may be the handler for such milk if both parties 
notify the market administrator of this agreement prior to the time that 
the milk is delivered to the pool plant and the plant operator purchases 
the milk on the basis of farm bulk tank weights and samples.



Sec. 1000.14  Other source milk.

    Other source milk means all skim milk and butterfat contained in or 
represented by:
    (a) Receipts of fluid milk products and bulk fluid cream products 
from any source other than producers, handlers described in 
Sec. 1000.9(c) and Sec. 1135.11, or pool plants;
    (b) Products (other than fluid milk products, fluid cream products, 
and products produced at the plant during the same month) from any 
source which are reprocessed, converted into, or combined with another 
product in the plant during the month; and
    (c) Receipts of any milk product (other than a fluid milk product or 
a fluid cream product) for which the handler fails to establish a 
disposition.



Sec. 1000.15  Fluid milk product.

    (a) Except as provided in paragraph (b) of this section, fluid milk 
product means any milk products in fluid or frozen form containing less 
than 9 percent butterfat that are 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, eggnog and cultured 
buttermilk, including any such beverage products that are flavored, 
cultured, modified with added nonfat milk solids, sterilized, 
concentrated, or reconstituted. As used in this part, the term 
concentrated milk means milk that contains not less than 25.5 percent, 
and not more than 50 percent, total milk solids.
    (b) The term fluid milk product shall not include:
    (1) 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) The quantity of skim milk equivalent in any modified product 
specified in paragraph (a) of this section that is greater than an equal 
volume of an unmodified product of the same nature and butterfat 
content.



Sec. 1000.16  Fluid cream product.

    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 percent or more butterfat, with or without the 
addition of other ingredients.



Sec. 1000.17  [Reserved]



Sec. 1000.18  Cooperative association.

    Cooperative association means any cooperative marketing association 
of producers which the Secretary determines is qualified under the 
provisions of the Capper-Volstead Act, has full authority in the sale of 
milk of its members, and is engaged in marketing milk or milk products 
for its members. A federation of 2 or more cooperatives incorporated 
under the laws of any state will be considered a cooperative association 
under any Federal milk order if all member cooperatives meet the 
requirements of this section.

[[Page 40]]



Sec. 1000.19  Commercial food processing establishment.

    Commercial food processing establishment means any facility, other 
than a milk plant, to which fluid milk products and fluid cream products 
are disposed of, or producer milk is diverted, that uses such receipts 
as ingredients in food products and has no other disposition of fluid 
milk products other than those received in consumer-type packages (1 
gallon or less). Producer milk diverted to commercial food processing 
establishments shall be subject to the same provisions relating to 
diversions to plants, including, but not limited to, Secs. --------.13 
and --------.52 of each Federal milk order.



      Subpart C--Rules of Practice and Procedure Governing Market 
                             Administrators



Sec. 1000.25  Market administrator.

    (a) Designation. The agency for the administration of the order 
shall be a market administrator selected by the Secretary and subject to 
removal at the Secretary's discretion. The market administrator shall be 
entitled to compensation determined by the Secretary.
    (b) Powers. The market administrator shall have the following powers 
with respect to each order under his/her administration:
    (1) Administer the order in accordance with its terms and 
provisions;
    (2) Maintain and invest funds outside of the United States 
Department of the Treasury for the purpose of administering the order;
    (3) Make rules and regulations to effectuate the terms and 
provisions of the order;
    (4) Receive, investigate, and report complaints of violations to the 
Secretary; and
    (5) Recommend amendments to the Secretary.
    (c) Duties. The market administrator shall perform all the duties 
necessary to administer the terms and provisions of each order under 
his/her administration, including, but not limited to, the following:
    (1) Employ and fix the compensation of persons necessary to enable 
him/her to exercise the powers and perform the duties of the office;
    (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 the office and in the performance of the duties of 
the office, including the market administrator's compensation;
    (3) Keep records which will clearly reflect the transactions 
provided for in the order and upon request by the Secretary, surrender 
the records to a successor or such other person as the Secretary may 
designate;
    (4) Furnish information and reports requested by the Secretary and 
submit office records for examination by the Secretary;
    (5) Announce publicly at his/her discretion, unless otherwise 
directed by the Secretary, by such means as he/she deems appropriate, 
the name of any handler who, after the date upon which the handler 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 
Sec. 1000.27;
    (6) Prescribe reports required of each handler under the order. 
Verify such reports and the payments required by the order by 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;

[[Page 41]]

    (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.



               Subpart D--Rules Governing Order Provisions



Sec. 1000.26  Continuity and separability of provisions.

    (a) Effective time. The provisions of the order or any amendment to 
the order shall become effective at such time as the Secretary may 
declare and shall continue in force until suspended or terminated.
    (b) Suspension or termination. The Secretary shall suspend or 
terminate any or all of the provisions of the order whenever he/she 
finds that such provision(s) obstructs or does not tend to effectuate 
the declared policy of the Act. The order shall terminate whenever the 
provisions of the Act authorizing it cease to be in effect.
    (c) Continuing obligations. If upon the suspension or termination of 
any or all of the provisions of the order there are any obligations 
arising under the order, the final accrual or ascertainment of which 
requires acts by any handler, by the market administrator or by any 
other person, the power and duty to perform such further acts shall 
continue notwithstanding such suspension or termination.
    (d) Liquidation. (1) Upon the suspension or termination of any or 
all provisions of the order the market administrator, or such other 
liquidating agent designated by the Secretary, shall, if so directed by 
the Secretary, liquidate the business of the market administrator's 
office, dispose of all property in his/her possession or control, 
including accounts receivable, and execute and deliver all assignments 
or other instruments necessary or appropriate to effectuate any such 
disposition; and
    (2) If a liquidating agent is so designated, all assets and records 
of the market administrator shall be transferred promptly to such 
liquidating agent. If, upon such liquidation, the funds on hand exceed 
the amounts required to pay outstanding obligations of the office of the 
market administrator and to pay necessary expenses of liquidation and 
distribution, such excess shall be distributed to contributing handlers 
and producers in an equitable manner.
    (e) Separability of provisions. If any provision of the order or its 
application to any person or circumstances is held invalid, the 
application of such provision and of the remaining provisions of the 
order to other persons or circumstances shall not be affected thereby.



      Subpart E--Rules of Practice and Procedure Governing Handlers



Sec. 1000.27  Handler responsibility for records and facilities.

    Each handler shall maintain and retain records of its operations and 
make such records and its facilities available to the market 
administrator. If adequate records of a handler, or of any other 
persons, that are relevant to the obligation of such handler are not 
maintained and made available, any skim milk and butterfat required to 
be reported by such handler for which adequate records are not available 
shall be considered as used in the highest-priced class.
    (a) Records to be maintained. (1) Each handler shall maintain 
records of its operations (including, but not limited to, records of 
purchases, sales, processing, packaging, and disposition) as are 
necessary to verify whether such handler has any obligation under the 
order and if so, the amount of such obligation. Such records shall be 
such as to establish for each plant or other receiving point for each 
month:
    (i) The quantities of skim milk and butterfat contained in, or 
represented by, products received in any form, including inventories on 
hand at the beginning of the month, according to form, time, and source 
of each receipt;

[[Page 42]]

    (ii) The utilization of all skim milk and butterfat showing the 
respective quantities of such skim milk and butterfat in each form 
disposed of or on hand at the end of the month; and
    (iii) Payments to producers, dairy farmers, and cooperative 
associations, including the amount and nature of any deductions and the 
disbursement of money so deducted.
    (2) Each handler shall keep such other specific records as the 
market administrator deems necessary to verify or establish such 
handler's obligation under the order.
    (b) Availability of records and facilities. Each handler shall make 
available all records pertaining to such handler's operations and all 
facilities the market administrator finds are necessary to verify the 
information required to be reported by the order and/or to ascertain 
such handler's reporting, monetary, or other obligation under the order. 
Each handler shall permit the market administrator to weigh, sample, and 
test milk and milk products and observe plant operations and equipment 
and make available to the market administrator such facilities as are 
necessary to carry out his/her duties.
    (c) Retention of records. All records required under the order to be 
made available to the market administrator shall be retained by the 
handler for a period of 3 years to begin at the end of the month to 
which such records pertain. If, within such 3-year period, the market 
administrator notifies the handler in writing that the retention of such 
records, or of specified records, is necessary in connection with a 
proceeding under section 8c(15)(A) of the Act or a court action 
specified in such notice, the handler shall retain such records, or 
specified records, until further written notification from the market 
administrator. The market administrator shall give further written 
notification to the handler promptly upon the termination of the 
litigation or when the records are no longer necessary in connection 
therewith.



Sec. 1000.28  Termination of obligations.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
the obligation of any handler to pay money required to be paid under the 
terms of the order shall terminate 2 years after the last day of the 
month during which the market administrator receives the handler's 
report of receipts and utilization on which such obligation is based, 
unless within such 2-year period, the market administrator notifies the 
handler in writing that such money is due and payable. Service of such 
written notice shall be complete upon mailing to the handler's last 
known address and it shall contain, but need not be limited to, the 
following information:
    (1) The amount of the obligation;
    (2) The month(s) on which such obligation is based; and
    (3) If the obligation is payable to one or more producers or to a 
cooperative association, the name of such producer(s) or such 
cooperative association, or if the obligation is payable to the market 
administrator, the account for which it is to be paid.
    (b) If a handler fails or refuses, with respect to any obligation 
under the order, to make available to the market administrator all 
records required by the order to be made available, the market 
administrator may notify the handler in writing, within the 2-year 
period provided for in paragraph (a) of this section, of such failure or 
refusal. If the market administrator so notifies a handler, the said 2-
year period with respect to such obligation shall not begin to run until 
the first day of the month following the month during which all such 
records pertaining to such obligation are made available to the market 
administrator.
    (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 
section, a handler's obligation under the order to pay money shall not 
be terminated with respect to any transaction involving fraud or willful 
concealment of a fact, material to the obligation, on the part of the 
handler against whom the obligation is sought to be imposed.
    (d) Unless the handler files a petition pursuant to section 
8c(15)(A) of the Act and the applicable rules and regulations (7 CFR 
900.50 through 900.71) within the applicable 2-year period indicated 
below, the obligation of the market administrator:
    (1) To pay a handler any money which such handler claims is due 
under

[[Page 43]]

the terms of the order shall terminate 2 years after the end of the 
month during which the skim milk and butterfat involved in the claim 
were received; or
    (2) To refund any payment made by a handler (including a deduction 
or offset by the market administrator) shall terminate 2 years after the 
end of the month during which payment was made by the handler.



                    Subpart F--Classification of Milk



Sec. 1000.40  Classes of utilization.

    Except as provided in Sec. 1000.42, all skim milk and butterfat 
required to be reported pursuant to Sec. ----.30 of each Federal milk 
order shall be classified as follows:
    (a) Class I milk shall be all skim milk and butterfat:
    (1) Disposed of in the form of fluid milk products, except as 
otherwise provided in this section;
    (2) In packaged fluid milk products in inventory at the end of the 
month; and
    (3) In shrinkage assigned pursuant to Sec. 1000.43(b).
    (b) Class II milk shall be all skim milk and butterfat:
    (1) In fluid milk products in containers larger than 1 gallon and 
fluid cream products disposed of or diverted to a commercial food 
processing establishment 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;
    (2) 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 half-gallon containers or larger and 
intended to be used in soft or semi-solid form;
    (iii) Aerated cream, frozen cream, sour cream, sour half-and-half, 
sour cream mixtures containing nonmilk items, yogurt, and any other 
semi-solid product resembling a Class II product;
    (iv) Custards, puddings, pancake mixes, coatings, batter, and 
similar products;
    (v) Buttermilk biscuit mixes and other buttermilk for baking that 
contain food starch in excess of 2% of the total solids, provided that 
the product is labeled to indicate the food starch content;
    (vi) Formulas especially prepared for infant feeding or dietary use 
(meal replacement) that are packaged in hermetically-sealed containers;
    (vii) 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;
    (viii) A fluid cream product or any product containing artificial 
fat or fat substitutes that resembles a fluid cream product, except as 
otherwise provided in paragraph (c) of this section; and
    (ix) Any product not otherwise specified in this section; and
    (3) In shrinkage assigned pursuant to Sec. 1000.43(b).
    (c) Class III milk shall be all skim milk and butterfat:
    (1) Used to produce:
    (i) Cream cheese and other spreadable cheeses, and hard cheese of 
types that may be shredded, grated, or crumbled;
    (ii) [Reserved]
    (iii) Evaporated or sweetened condensed milk in a consumer-type 
package; and
    (2) In shrinkage assigned pursuant to Sec. 1000.43(b).
    (d) Class IV milk shall be all skim milk and butterfat:
    (1) Used to produce:
    (i) Butter, plastic cream, anhydrous milkfat, and butteroil; and
    (ii) Any milk product in dried form;
    (2) In inventory at the end of the month of fluid milk products and 
fluid cream products in bulk form;
    (3) In the skim milk equivalent of nonfat milk solids used to modify 
a fluid milk product that has not been accounted for in Class I; and
    (4) In shrinkage assigned pursuant to Sec. 1000.43(b).
    (e) Other uses. Other uses include skim milk and butterfat used in 
any product described in this section that

[[Page 44]]

is dumped, used for animal feed, destroyed, or lost by a handler in a 
vehicular accident, flood, fire, or similar occurrence beyond the 
handler's control. Such uses of skim milk and butterfat shall be 
assigned to the lowest priced class for the month to the extent that the 
quantities destroyed or lost can be verified from records satisfactory 
to the market administrator.

[64 FR 47899, Sept. 1, 1999, as amended at 65 FR 82833, Dec. 28, 2000]



Sec. 1000.41  [Reserved]



Sec. 1000.42  Classification of transfers and diversions.

    (a) Transfers and diversions to pool plants. Skim milk or butterfat 
transferred or diverted in the form of a fluid milk product or 
transferred in the form of a bulk fluid cream product from a pool plant 
or a handler described in Sec. 1135.11 of this chapter to another pool 
plant shall be classified as Class I milk unless the handlers both 
request the same classification in another class. In either case, the 
classification shall be subject to the following conditions:
    (1) The skim milk and butterfat classified in each class shall be 
limited to the amount of skim milk and butterfat, respectively, 
remaining in such class at the receiving plant after the computations 
pursuant to Sec. 1000.44(a)(9) and the corresponding step of 
Sec. 1000.44(b);
    (2) If the transferring plant received during the month other source 
milk to be allocated pursuant to Sec. 1000.44(a)(3) or the corresponding 
step of Sec. 1000.44(b), the skim milk or butterfat so transferred shall 
be classified so as to allocate the least possible Class I utilization 
to such other source milk; and
    (3) If the transferring handler received during the month other 
source milk to be allocated pursuant to Sec. 1000.44(a)(8) or (9) or the 
corresponding steps of Sec. 1000.44(b), the skim milk or butterfat so 
transferred, up to the total of the skim milk and butterfat, 
respectively, in such receipts of other source milk, shall not be 
classified as Class I milk to a greater extent than would be the case if 
the other source milk had been received at the receiving plant.
    (b) Transfers and diversions to a plant regulated under another 
Federal order. Skim milk or butterfat transferred or diverted in the 
form of a fluid milk product or transferred in the form of a bulk fluid 
cream product from a pool plant to a plant regulated under another 
Federal order shall be classified in the following manner. Such 
classification shall apply only to the skim milk or butterfat that is in 
excess of any receipts at the pool plant from a plant regulated under 
another Federal order of skim milk and butterfat, respectively, in fluid 
milk products and bulk fluid cream products, respectively, that are in 
the same category as described in paragraph (b)(1) or (2) of this 
section:
    (1) As Class I milk, if transferred as packaged fluid milk products;
    (2) If transferred or diverted in bulk form, classification shall be 
in the classes to which allocated under the other order:
    (i) If the operators of both plants so request in their reports of 
receipts and utilization filed with their respective market 
administrators, transfers in bulk form shall be classified as other than 
Class I to the extent that such utilization is available for such 
classification pursuant to the allocation provisions of the other order;
    (ii) If diverted, the diverting handler must request a 
classification other than Class I. If the plant receiving the diverted 
milk does not have sufficient utilization available for the requested 
classification and some of the diverted milk is consequently assigned to 
Class I use, the diverting handler shall be given the option of 
designating the entire load of diverted milk as producer milk at the 
plant physically receiving the milk. Alternatively, if the diverting 
handler so chooses, it may designate which dairy farmers whose milk was 
diverted during the month will be designated as producers under the 
order physically receiving the milk. If the diverting handler declines 
to accept either of these options, the market administrator will prorate 
the portion of diverted milk in excess of Class II, III, and IV use 
among all the dairy farmers whose milk was received from the diverting 
handler on the last day of the month, then the second-to-last day, and 
continuing in that fashion until

[[Page 45]]

the excess diverted milk has been assigned as producer milk under the 
receiving order; and
    (iii) If information concerning the classes to which such transfers 
or diversions were allocated under the other order is not available to 
the market administrator for the purpose of establishing classification 
under this paragraph, classification shall be Class I, subject to 
adjustment when such information is available.
    (c) Transfers and diversions to producer-handlers and to exempt 
plants. Skim milk or butterfat that is transferred or diverted from a 
pool plant to a producer-handler under any Federal order or to an exempt 
plant shall be classified:
    (1) As Class I milk if transferred or diverted to a producer-
handler;
    (2) As Class I milk if transferred to an exempt plant in the form of 
a packaged fluid milk product; and
    (3) In accordance with the utilization assigned to it by the market 
administrator if transferred or diverted in the form of a bulk fluid 
milk product or transferred in the form of a bulk fluid cream product to 
an exempt plant. For this purpose, the receiving handler's utilization 
of skim milk and butterfat in each class, in series beginning with Class 
IV, shall be assigned to the extent possible to its receipts of skim 
milk and butterfat, in bulk fluid cream products, and bulk fluid milk 
products, respectively, pro rata to each source.
    (d) Transfers and diversions to other nonpool plants. Skim milk or 
butterfat transferred or diverted in the following forms from a pool 
plant to a nonpool plant that is not a plant regulated under another 
order, an exempt plant, or a producer-handler plant shall be classified:
    (1) As Class I milk, if transferred in the form of a packaged fluid 
milk product; and
    (2) As Class I milk, if transferred or diverted in the form of a 
bulk fluid milk product or transferred in the form of a bulk fluid cream 
product, unless the following conditions apply:
    (i) If the conditions described in paragraphs (d)(2)(i)(A) and (B) 
of this section are met, transfers or diversions in bulk form shall be 
classified on the basis of the assignment of the nonpool plant's 
utilization, excluding the milk equivalent of both nonfat milk solids 
and concentrated milk used in the plant during the month, to its 
receipts as set forth in paragraphs (d)(2)(ii) through (viii) of this 
section:
    (A) The transferring handler or diverting handler claims such 
classification in such handler's report of receipts and utilization 
filed pursuant to Sec. ----.30 of each Federal milk order for the month 
within which such transaction occurred; and
    (B) The nonpool plant operator maintains books and records showing 
the utilization of all skim milk and butterfat received at such plant 
which are made available for verification purposes if requested by the 
market administrator;
    (ii) Route disposition in the marketing area of each Federal milk 
order from the nonpool plant and transfers of packaged fluid milk 
products from such nonpool plant to plants fully regulated thereunder 
shall be assigned to the extent possible in the following sequence:
    (A) Pro rata to receipts of packaged fluid milk products at such 
nonpool plant from pool plants;
    (B) Pro rata to any remaining unassigned receipts of packaged fluid 
milk products at such nonpool plant from plants regulated under other 
Federal orders;
    (C) Pro rata to receipts of bulk fluid milk products at such nonpool 
plant from pool plants; and
    (D) Pro rata to any remaining unassigned receipts of bulk fluid milk 
products at such nonpool plant from plants regulated under other Federal 
orders;
    (iii) Any remaining Class I disposition of packaged fluid milk 
products from the nonpool plant shall be assigned to the extent possible 
pro rata to any remaining unassigned receipts of packaged fluid milk 
products at such nonpool plant from pool plants and plants regulated 
under other Federal orders;
    (iv) Transfers of bulk fluid milk products from the nonpool plant to 
a plant regulated under any Federal order, to the extent that such 
transfers to the regulated plant exceed receipts of fluid milk products 
from such plant and are allocated to Class I at the receiving

[[Page 46]]

plant, shall be assigned to the extent possible in the following 
sequence:
    (A) Pro rata to receipts of fluid milk products at such nonpool 
plant from pool plants; and
    (B) Pro rata to any remaining unassigned receipts of fluid milk 
products at such nonpool plant from plants regulated under other Federal 
orders;
    (v) Any remaining unassigned Class I disposition from the nonpool 
plant shall be assigned to the extent possible in the following 
sequence:
    (A) To such nonpool plant's receipts from dairy farmers who the 
market administrator determines constitute regular sources of Grade A 
milk for such nonpool plant; and
    (B) To such nonpool plant's receipts of Grade A milk from plants not 
fully regulated under any Federal order which the market administrator 
determines constitute regular sources of Grade A milk for such nonpool 
plant;
    (vi) Any remaining unassigned receipts of bulk fluid milk products 
at the nonpool plant from pool plants and plants regulated under other 
Federal orders shall be assigned, pro rata among such plants, to the 
extent possible first to any remaining Class I utilization and then to 
all other utilization, in sequence beginning with Class IV at such 
nonpool plant;
    (vii) Receipts of bulk fluid cream products at the nonpool plant 
from pool plants and plants regulated under other Federal orders shall 
be assigned, pro rata among such plants, to the extent possible to any 
remaining utilization, in sequence beginning with Class IV at such 
nonpool plant; and
    (viii) In determining the nonpool plant's utilization for purposes 
of this paragraph, any fluid milk products and bulk fluid cream products 
transferred from such nonpool plant to a plant not fully regulated under 
any Federal order shall be classified on the basis of the second plant's 
utilization using the same assignment priorities at the second plant 
that are set forth in this paragraph.



Sec. 1000.43  General classification rules.

    In determining the classification of producer milk pursuant to 
Sec. 1000.44, the following rules shall apply:
    (a) Each month the market administrator shall correct for 
mathematical and other obvious errors all reports filed pursuant to 
Sec. ----.30 of each Federal milk order and shall compute separately for 
each pool plant, for each handler described in Sec. 1000.9(c) and 
Sec. 1135.11 of this chapter, the pounds of skim milk and butterfat, 
respectively, in each class in accordance with Secs. 1000.40 and 
1000.42, and paragraph (b) of this section.
    (b) Shrinkage and Overage. For purposes of classifying all milk 
reported by a handler pursuant to Sec. ----.30 of each Federal milk 
order the market administrator shall determine the shrinkage or overage 
of skim milk and butterfat for each pool plant and each handler 
described in Sec. 1000.9(c) and Sec. 1135.11 of this chapter by 
subtracting total utilization from total receipts. Any positive 
difference shall be shrinkage, and any negative difference shall be 
overage.
    (1) Shrinkage incurred by pool plants qualified pursuant to Sec. --
--.7 of any Federal milk order shall be assigned to the lowest-priced 
class to the extent that such shrinkage does not exceed:
    (i) Two percent of the total quantity of milk physically received at 
the plant directly from producers' farms on the basis of farm weights 
and tests;
    (ii) Plus 1.5 percent of the quantity of bulk milk physically 
received on a basis other than farm weights and tests, excluding 
concentrated milk received by agreement for other than Class I use;
    (iii) Plus .5 percent of the quantity of milk diverted by the plant 
operator to another plant on a basis other than farm weights and tests; 
and
    (iv) Minus 1.5 percent of the quantity of bulk milk transferred to 
other plants, excluding concentrated milk transferred by agreement for 
other than Class I use.
    (2) A handler described in Sec. 1000.9(c) or Sec. 1135.11 of this 
chapter that delivers milk to plants on a basis other than farm weights 
and tests shall receive a lowest-priced-class shrinkage allowance of .5 
percent of the total quantity of such milk picked up at producers' 
farms.
    (3) Shrinkage in excess of the amounts provided in paragraphs (b)(1)

[[Page 47]]

and (2) of this section shall be assigned to existing utilization in 
series starting with Class I. The shrinkage assigned pursuant to this 
paragraph shall be added to the handler's reported utilization and the 
result shall be known as the gross utilization in each class.
    (c) If any of the water contained in the milk from which a product 
is made is removed before the product is utilized or disposed of by the 
handler, the pounds of skim milk in such product that are to be 
considered under this part as used or disposed of by the handler shall 
be an amount equivalent to the nonfat milk solids contained in such 
product plus all of the water originally associated with such solids.
    (d) Skim milk and butterfat contained in receipts of bulk 
concentrated fluid milk and nonfluid milk products that are 
reconstituted for fluid use shall be assigned to Class I use, up to the 
reconstituted portion of labeled reconstituted fluid milk products, on a 
pro rata basis (except for any Class I use of specific concentrated 
receipts that is established by the handler) prior to any assignments 
under Sec. 1000.44. Any remaining skim milk and butterfat in 
concentrated receipts shall be assigned to uses under Sec. 1000.44 on a 
pro rata basis, unless a specific use of such receipts is established by 
the handler.



Sec. 1000.44  Classification of producer milk.

    For each month the market administrator shall determine for each 
handler described in Sec. 1000.9(a) for each pool plant of the handler 
separately and for each handler described in Sec. 1000.9(c) and 
Sec. 1135.11 of this chapter the classification of producer milk by 
allocating the handler's receipts of skim milk and butterfat to the 
handler's gross utilization of such receipts pursuant to 
Sec. 1000.43(b)(3) as follows:
    (a) Skim milk shall be allocated in the following manner:
    (1) Subtract from the pounds of skim milk in Class I the pounds of 
skim milk in:
    (i) Receipts of packaged fluid milk products from an unregulated 
supply plant to the extent that an equivalent amount of skim milk 
disposed of to such plant by handlers fully regulated under any Federal 
order is classified and priced as Class I milk and is not used as an 
offset for any other payment obligation under any order;
    (ii) Packaged fluid milk products in inventory at the beginning of 
the month. This paragraph shall apply only if the pool plant was subject 
to the provisions of this paragraph or comparable provisions of another 
Federal order in the immediately preceding month;
    (iii) Fluid milk products received in packaged form from plants 
regulated under other Federal orders; and
    (iv) To the extent that the receipts described in paragraphs 
(a)(1)(i) through (iii) of this section exceed the gross Class I 
utilization of skim milk, the excess receipts shall be subtracted 
pursuant to paragraph (a)(3)(vi) of this section.
    (2) Subtract from the pounds of skim milk in Class II the pounds of 
skim milk in the receipts of skim milk in bulk concentrated fluid milk 
products and in other source milk (except other source milk received in 
the form of an unconcentrated fluid milk product or a fluid cream 
product) that is used to produce, or added to, any product in Class II 
(excluding the quantity of such skim milk that was classified as Class 
IV milk pursuant to Sec. 1000.40(d)(3)). To the extent that the receipts 
described in this paragraph exceed the gross Class II utilization of 
skim milk, the excess receipts shall be subtracted pursuant to paragraph 
(a)(3)(vi) of this section.
    (3) Subtract from the pounds of skim milk remaining in each class, 
in series beginning with Class IV, the pounds of skim milk in:
    (i) Receipts of bulk concentrated fluid milk products and other 
source milk (except other source milk received in the form of an 
unconcentrated fluid milk product);
    (ii) Receipts of fluid milk products and bulk fluid cream products 
for which appropriate health approval is not established and from 
unidentified sources;
    (iii) Receipts of fluid milk products and bulk fluid cream products 
from an exempt plant;
    (iv) Fluid milk products and bulk fluid cream products received from 
a producer-handler as defined under the

[[Page 48]]

order in this part, or any other Federal order;
    (v) Receipts of fluid milk products from dairy farmers for other 
markets; and
    (vi) The excess receipts specified in paragraphs (a)(1)(iv) and 
(a)(2) of this section.
    (4) Subtract from the pounds of skim milk remaining in all classes 
other than Class I, in sequence beginning with Class IV, the receipts of 
fluid milk products from an unregulated supply plant that were not 
previously subtracted in this section for which the handler requests 
classification other than Class I, but not in excess of the pounds of 
skim milk remaining in these other classes combined.
    (5) Subtract from the pounds of skim milk remaining in all classes 
other than Class I, in sequence beginning with Class IV, receipts of 
fluid milk products from an unregulated supply plant that were not 
previously subtracted in this section, and which are in excess of the 
pounds of skim milk determined pursuant to paragraphs (a)(5)(i) and (ii) 
of this section;
    (i) Multiply by 1.25 the pounds of skim milk remaining in Class I at 
this allocation step; and
    (ii) Subtract from the result in paragraph (a)(5)(i) the pounds of 
skim milk in receipts of producer milk and fluid milk products from 
other pool plants.
    (6) Subtract from the pounds of skim milk remaining in all classes 
other than Class I, in sequence beginning with Class IV, the pounds of 
skim milk in receipts of bulk fluid milk products from a handler 
regulated under another Federal order that are in excess of bulk fluid 
milk products transferred or diverted to such handler, if other than 
Class I classification is requested, but not in excess of the pounds of 
skim milk remaining in these classes combined.
    (7) Subtract from the pounds of skim milk remaining in each class, 
in series beginning with Class IV, the pounds of skim milk in fluid milk 
products and bulk fluid cream products in inventory at the beginning of 
the month that were not previously subtracted in this section.
    (8) Subtract from the pounds of skim milk remaining in each class at 
the plant receipts of skim milk in fluid milk products from an 
unregulated supply plant that were not previously subtracted in this 
section and that were not offset by transfers or diversions of fluid 
milk products to the unregulated supply plant from which fluid milk 
products to be allocated at this step were received. Such subtraction 
shall be pro rata to the pounds of skim milk in Class I and in Classes 
II, III, and IV combined, with the quantity prorated to Classes II, III, 
and IV combined being subtracted in sequence beginning with Class IV.
    (9) Subtract from the pounds of skim milk remaining in each class 
the pounds of skim milk in receipts of bulk fluid milk products from a 
handler regulated under another Federal order that are in excess of bulk 
fluid milk products transferred or diverted to such handler that were 
not subtracted in paragraph (a)(6) of this section. Such subtraction 
shall be pro rata to the pounds of skim milk in Class I and in Classes 
II, III, and IV combined, with the quantity prorated to Classes II, III, 
and IV combined being subtracted in sequence beginning with Class IV, 
with respect to whichever of the following quantities represents the 
lower proportion of Class I milk:
    (i) The estimated utilization of skim milk of all handlers in each 
class as announced for the month pursuant to Sec. 1000.45(a); or
    (ii) The total pounds of skim milk remaining in each class at this 
allocation step.
    (10) Subtract from the pounds of skim milk remaining in each class 
the pounds of skim milk in receipts of fluid milk products and bulk 
fluid cream products from another pool plant and from a handler 
described in Sec. 1135.11 of this chapter according to the 
classification of such products pursuant to Sec. 1000.42(a).
    (11) If the total pounds of skim milk remaining in all classes 
exceed the pounds of skim milk in producer milk, subtract such excess 
from the pounds of skim milk remaining in each class in series beginning 
with Class IV.
    (b) Butterfat shall be allocated in accordance with the procedure 
outlined for skim milk in paragraph (a) of this section.

[[Page 49]]

    (c) The quantity of producer milk in each class shall be the 
combined pounds of skim milk and butterfat remaining in each class after 
the computations pursuant to paragraphs (a) and (b) of this section.



Sec. 1000.45  Market administrator's reports and announcements concerning classification.

    (a) Whenever required for the purpose of allocating receipts from 
plants regulated under other Federal orders pursuant to 
Sec. 1000.44(a)(9) and the corresponding step of Sec. 1000.44(b), the 
market administrator shall estimate and publicly announce the 
utilization (to the nearest whole percentage) in Class I during the 
month of skim milk and butterfat, respectively, in producer milk of all 
handlers. The estimate shall be based upon the most current available 
data and shall be final for such purpose.
    (b) The market administrator shall report to the market 
administrators of other Federal orders as soon as possible after the 
handlers' reports of receipts and utilization are received, the class to 
which receipts from plants regulated under other Federal orders are 
allocated pursuant to Secs. 1000.43(d) and 1000.44 (including any 
reclassification of inventories of bulk concentrated fluid milk 
products), and thereafter any change in allocation required to correct 
errors disclosed on the verification of such report.
    (c) The market administrator shall furnish each handler operating a 
pool plant and each handler described in Sec. 1135.11 of this chapter 
who has shipped fluid milk products or bulk fluid cream products to a 
plant fully regulated under another Federal order the class to which the 
shipments were allocated by the market administrator of the other 
Federal order on the basis of the report by the receiving handler and, 
as necessary, any changes in the allocation arising from the 
verification of such report.
    (d) The market administrator shall report to each cooperative 
association which so requests, the percentage of producer milk delivered 
by members of the association that was used in each class by each 
handler receiving the milk. For the purpose of this report, the milk so 
received shall be prorated to each class in accordance with the total 
utilization of producer milk by the handler.



                         Subpart G--Class Prices



Sec. 1000.50  Class prices, component prices, and advanced pricing factors.

    Class prices per hundredweight of milk containing 3.5 percent 
butterfat, component prices, and advanced pricing factors shall be as 
follows. The prices and pricing factors described in paragraphs (a), 
(b), (c), (e), (f), and (q) of this section shall be based on a weighted 
average of the most recent 2 weekly prices announced by the National 
Agricultural Statistical Service (NASS) before the 24th day of the 
month. These prices shall be announced on or before the 23rd day of the 
month and shall apply to milk received during the following month. The 
prices described in paragraphs (g) through (p) of this section shall be 
based on a weighted average for the preceding month of weekly prices 
announced by NASS on or before the 5th day of the month and shall apply 
to milk received during the preceding month. The price described in 
paragraph (d) of this section shall be derived from the Class II skim 
milk price announced on or before the 23rd day of the month preceding 
the month to which it applies and the Class IV butterfat price announced 
on or before the 5th day of the month following the month to which it 
applies.
    (a) Class I price. The Class I price per hundredweight shall be the 
adjusted Class I differential specified in Sec. 1000.52 plus the higher 
of the advanced Class III or advanced Class IV prices calculated in 
paragraph (q)(4) of this section.
    (b) Class I skim milk price. The Class I skim milk price per 
hundredweight shall be the adjusted Class I differential specified in 
Sec. 1000.52 plus the advanced Class III or advanced Class IV skim milk 
price used in the calculation of the higher of the advanced Class III or 
advanced Class IV prices calculated in paragraph (q)(4) of this section.
    (c) Class I butterfat price. The Class I butterfat price per pound 
shall be the

[[Page 50]]

adjusted Class I differential specified in Sec. 1000.52 divided by 100, 
plus the advanced Class III or advanced Class IV butterfat price used in 
the calculation of the higher of the advanced Class III or advanced 
Class IV prices calculated in paragraph (q)(4) of this section.
    (d) The Class II price per hundredweight, rounded to the nearest 
cent, shall be .965 times the Class II skim milk price plus 3.5 times 
the Class II butterfat price.
    (e) Class II skim milk price. The Class II skim milk price per 
hundredweight shall be the advanced Class IV skim milk price computed in 
paragraph (q)(2) of this section plus 70 cents.
    (f) Class II nonfat solids price. The Class II nonfat solids price 
per pound, rounded to the nearest one-hundredth cent, shall be the Class 
II skim milk price divided by 9.
    (g) Class II butterfat price. The Class II butterfat price per pound 
shall be the Class IV butterfat price plus $.007.
    (h) Class III price. The Class III price per hundredweight, rounded 
to the nearest cent, shall be .965 times the Class III skim milk price 
plus 3.5 times the Class III butterfat price.
    (i) Class III skim milk price. The Class III skim milk price per 
hundredweight, rounded to the nearest cent, shall be the protein price 
per pound times 3.1 plus the other solids price per pound times 5.9.
    (j) Class IV price. The Class IV price per hundredweight, rounded to 
the nearest cent, shall be .965 times the Class IV skim milk price plus 
3.5 times the Class IV butterfat price.
    (k) Class IV skim milk price. The Class IV skim milk price per 
hundredweight, rounded to the nearest cent, shall be the nonfat solids 
price per pound times 9.
    (l) Class III and Class IV butterfat prices. (1) The Class III 
butterfat price per pound, rounded to the nearest one-hundredth cent, 
shall be computed as follows:
    (i) Compute a weighted average of the following prices:
    (A) The U.S. average NASS survey price for 40-lb. block cheese 
reported by the Department for the month; and
    (B) The U.S. average NASS survey price for 500-pound barrel cheddar 
cheese (38 percent moisture) reported by the Department for the month 
plus 3 cents;
    (ii) Subtract 16.5 cents from the price computed pursuant to 
paragraph (l)(1)(i) of this section and multiply the result by 1.582;
    (2) The Class IV butterfat price per pound, rounded to the nearest 
one-hundredth cent, shall be the U.S. average NASS AA butter survey 
price reported by the Department for the month less 11.5 cents, with the 
result divided by 0.82.
    (m) Nonfat solids price. The nonfat solids price per pound, rounded 
to the nearest one-hundredth cent, shall be the U.S. average NASS nonfat 
dry milk survey price reported by the Department for the month less 14 
cents.
    (n) Protein price. The protein price per pound, rounded to the 
nearest one-hundredth cent, shall be computed by subtracting 16.5 cents 
from the price computed pursuant to paragraph (l)(1)(i) of this section 
and multiplying the result by 1.405;
    (o) Other solids price. The other solids price per pound, rounded to 
the nearest one-hundredth cent, shall be the U.S. average NASS dry whey 
survey price reported by the Department for the month minus 14 cents, 
with the result divided by 0.968. The other solids price shall not be 
less than zero.
    (p) Somatic cell adjustment. The somatic cell adjustment per 
hundredweight of milk shall be determined as follows:
    (1) Multiply .0005 by the weighted average price computed pursuant 
to paragraph (l)(1)(i) of this section and round to the 5th decimal 
place;
    (2) Subtract the somatic cell count of the milk (reported in 
thousands) from 350; and
    (3) Multiply the amount computed in paragraph (p)(1) of this section 
by the amount computed in paragraph (p)(2) of this section and round to 
the nearest full cent.
    (q) Advanced pricing factors. For the purpose of computing the Class 
I skim milk price, the Class II skim milk price, the Class II nonfat 
solids price, and the Class I butterfat price for the following month, 
the following pricing factors shall be computed using the weighted 
average of the 2 most recent NASS U.S. average weekly survey

[[Page 51]]

prices announced before the 24th day of the month:
    (1) An advanced Class III skim milk price per hundredweight, rounded 
to the nearest cent, shall be computed as follows:
    (i) Following the procedure set forth in paragraphs (n) and (o) of 
this section, but using the weighted average of the 2 most recent NASS 
U.S. average weekly survey prices announced before the 24th day of the 
month, compute a protein price and an other solids price;
    (ii) Multiply the protein price computed in paragraph (q)(1)(i) of 
this section by 3.1;
    (iii) Multiply the other solids price per pound computed in 
paragraph (q)(1)(i) of this section by 5.9; and
    (iv) Add the amounts computed in paragraphs (q)(1)(ii) and (iii) of 
this section.
    (2) An advanced Class IV skim milk price per hundredweight, rounded 
to the nearest cent, shall be computed as follows:
    (i) Following the procedure set forth in paragraph (m) of this 
section, but using the weighted average of the 2 most recent NASS U.S. 
average weekly survey prices announced before the 24th day of the month, 
compute a nonfat solids price; and
    (ii) Multiply the nonfat solids price computed in paragraph 
(q)(2)(i) of this section by 9.
    (3) Calculate the advanced Class III and advanced Class IV butterfat 
prices as follows:
    (i) The advanced Class III butterfat price shall be calculated by 
subtracting 16.5 cents per pound from a weighted average of the 2 most 
recent U.S. average NASS survey prices for 40-lb. block cheese and for 
500-pound barrel cheddar cheese (at 38 percent moisture) plus 3 cents 
announced before the 24th day of the month, with the result multiplied 
by 1.582;
    (ii) The advanced Class IV butterfat price shall be calculated by 
subtracting 11.5 cents from a weighted average of the 2 most recent U.S. 
average NASS AA butter survey prices announced before the 24th day of 
the month, with the result divided by 0.82.
    (4) Calculate the advanced Class III and advanced Class IV prices as 
follows:
    (i) The advanced Class III price shall be the sum of the value 
calculated pursuant to paragraph (q)(1) of this section multiplied by 
.965 plus the value calculated pursuant to paragraph (q)(3)(i) of this 
section multiplied by 3.5, rounded to the nearest cent.
    (ii) The advanced Class IV price shall be the sum of the value 
calculated pursuant to paragraph (q)(2) of this section multiplied by 
.965 plus the value calculated pursuant to paragraph (q)(3)(ii) of this 
section multiplied by 3.5, rounded to the nearest cent.

[64 FR 47899, Sept. 1, 1999, as amended at 65 FR 82833, Dec. 28, 2000]



Sec. 1000.51  [Reserved]



Sec. 1000.52  Adjusted Class I differentials.

    The Class I differential adjusted for location to be used in 
Sec. 1000.50(b) and (c) shall be as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Class I
                                                                                                  differential
              County/parish/city                              State                FIPS code      adjusted for
                                                                                                    location
----------------------------------------------------------------------------------------------------------------
AUTAUGA                                         AL..............................        01001               3.30
BALDWIN                                         AL..............................        01003               3.50
BARBOUR                                         AL..............................        01005               3.45
BIBB                                            AL..............................        01007               3.10
BLOUNT                                          AL..............................        01009               3.10
BULLOCK                                         AL..............................        01011               3.30
BUTLER                                          AL..............................        01013               3.45
CALHOUN                                         AL..............................        01015               3.10
CHAMBERS                                        AL..............................        01017               3.10
CHEROKEE                                        AL..............................        01019               3.10
CHILTON                                         AL..............................        01021               3.10
CHOCTAW                                         AL..............................        01023               3.30
CLARKE                                          AL..............................        01025               3.45
CLAY                                            AL..............................        01027               3.10
CLEBURNE                                        AL..............................        01029               3.10
COFFEE                                          AL..............................        01031               3.45
COLBERT                                         AL..............................        01033               2.90
CONECUH                                         AL..............................        01035               3.45

[[Page 52]]

 
COOSA                                           AL..............................        01037               3.10
COVINGTON                                       AL..............................        01039               3.45
CRENSHAW                                        AL..............................        01041               3.45
CULLMAN                                         AL..............................        01043               3.10
DALE                                            AL..............................        01045               3.45
DALLAS                                          AL..............................        01047               3.30
DE KALB                                         AL..............................        01049               2.90
ELMORE                                          AL..............................        01051               3.30
ESCAMBIA                                        AL..............................        01053               3.45
ETOWAH                                          AL..............................        01055               3.10
FAYETTE                                         AL..............................        01057               3.10
FRANKLIN                                        AL..............................        01059               2.90
GENEVA                                          AL..............................        01061               3.45
GREENE                                          AL..............................        01063               3.10
HALE                                            AL..............................        01065               3.10
HENRY                                           AL..............................        01067               3.45
HOUSTON                                         AL..............................        01069               3.45
JACKSON                                         AL..............................        01071               2.90
JEFFERSON                                       AL..............................        01073               3.10
LAMAR                                           AL..............................        01075               3.10
LAUDERDALE                                      AL..............................        01077               2.90
LAWRENCE                                        AL..............................        01079               2.90
LEE                                             AL..............................        01081               3.30
LIMESTONE                                       AL..............................        01083               2.90
LOWNDES                                         AL..............................        01085               3.30
MACON                                           AL..............................        01087               3.30
MADISON                                         AL..............................        01089               2.90
MARENGO                                         AL..............................        01091               3.30
MARION                                          AL..............................        01093               3.10
MARSHALL                                        AL..............................        01095               2.90
MOBILE                                          AL..............................        01097               3.50
MONROE                                          AL..............................        01099               3.45
MONTGOMERY                                      AL..............................        01101               3.30
MORGAN                                          AL..............................        01103               2.90
PERRY                                           AL..............................        01105               3.10
PICKENS                                         AL..............................        01107               3.10
PIKE                                            AL..............................        01109               3.45
RANDOLPH                                        AL..............................        01111               3.10
RUSSELL                                         AL..............................        01113               3.30
SHELBY                                          AL..............................        01117               3.10
ST. CLAIR                                       AL..............................        01115               3.10
SUMTER                                          AL..............................        01119               3.10
TALLADEGA                                       AL..............................        01121               3.10
TALLAPOOSA                                      AL..............................        01123               3.10
TUSCALOOSA                                      AL..............................        01125               3.10
WALKER                                          AL..............................        01127               3.10
WASHINGTON                                      AL..............................        01129               3.45
WILCOX                                          AL..............................        01131               3.30
WINSTON                                         AL..............................        01133               3.10
ARKANSAS                                        AR..............................        05001               2.90
ASHLEY                                          AR..............................        05003               3.10
BAXTER                                          AR..............................        05005               2.60
BENTON                                          AR..............................        05007               2.60
BOONE                                           AR..............................        05009               2.60
BRADLEY                                         AR..............................        05011               2.90
CALHOUN                                         AR..............................        05013               2.90
CARROLL                                         AR..............................        05015               2.60
CHICOT                                          AR..............................        05017               3.10
CLARK                                           AR..............................        05019               2.90
CLAY                                            AR..............................        05021               2.60
CLEBURNE                                        AR..............................        05023               2.80
CLEVELAND                                       AR..............................        05025               2.90
COLUMBIA                                        AR..............................        05027               3.10
CONWAY                                          AR..............................        05029               2.80
CRAIGHEAD                                       AR..............................        05031               2.60
CRAWFORD                                        AR..............................        05033               2.80
CRITTENDEN                                      AR..............................        05035               2.80
CROSS                                           AR..............................        05037               2.80
DALLAS                                          AR..............................        05039               2.90
DESHA                                           AR..............................        05041               2.90
DREW                                            AR..............................        05043               2.90
FAULKNER                                        AR..............................        05045               2.80

[[Page 53]]

 
FRANKLIN                                        AR..............................        05047               2.80
FULTON                                          AR..............................        05049               2.60
GARLAND                                         AR..............................        05051               2.80
GRANT                                           AR..............................        05053               2.90
GREENE                                          AR..............................        05055               2.60
HEMPSTEAD                                       AR..............................        05057               2.90
HOT SPRING                                      AR..............................        05059               2.90
HOWARD                                          AR..............................        05061               2.90
INDEPENDENCE                                    AR..............................        05063               2.60
IZARD                                           AR..............................        05065               2.60
JACKSON                                         AR..............................        05067               2.60
JEFFERSON                                       AR..............................        05069               2.90
JOHNSON                                         AR..............................        05071               2.80
LAFAYETTE                                       AR..............................        05073               3.10
LAWRENCE                                        AR..............................        05075               2.60
LEE                                             AR..............................        05077               2.80
LINCOLN                                         AR..............................        05079               2.90
LITTLE RIVER                                    AR..............................        05081               2.90
LOGAN                                           AR..............................        05083               2.80
LONOKE                                          AR..............................        05085               2.80
MADISON                                         AR..............................        05087               2.60
MARION                                          AR..............................        05089               2.60
MILLER                                          AR..............................        05091               3.10
MISSISSIPPI                                     AR..............................        05093               2.60
MONROE                                          AR..............................        05095               2.80
MONTGOMERY                                      AR..............................        05097               2.80
NEVADA                                          AR..............................        05099               2.90
NEWTON                                          AR..............................        05101               2.60
OUACHITA                                        AR..............................        05103               2.90
PERRY                                           AR..............................        05105               2.80
PHILLIPS                                        AR..............................        05107               2.90
PIKE                                            AR..............................        05109               2.90
POINSETT                                        AR..............................        05111               2.60
POLK                                            AR..............................        05113               2.80
POPE                                            AR..............................        05115               2.80
PRAIRIE                                         AR..............................        05117               2.80
PULASKI                                         AR..............................        05119               2.80
RANDOLPH                                        AR..............................        05121               2.60
SALINE                                          AR..............................        05125               2.80
SCOTT                                           AR..............................        05127               2.80
SEARCY                                          AR..............................        05129               2.60
SEBASTIAN                                       AR..............................        05131               2.80
SEVIER                                          AR..............................        05133               2.90
SHARP                                           AR..............................        05135               2.60
ST. FRANCIS                                     AR..............................        05123               2.80
STONE                                           AR..............................        05137               2.60
UNION                                           AR..............................        05139               3.10
VAN BUREN                                       AR..............................        05141               2.80
WASHINGTON                                      AR..............................        05143               2.60
WHITE                                           AR..............................        05145               2.80
WOODRUFF                                        AR..............................        05147               2.80
YELL                                            AR..............................        05149               2.80
APACHE                                          AZ..............................        04001               1.90
COCHISE                                         AZ..............................        04003               2.10
COCONINO                                        AZ..............................        04005               1.90
GILA                                            AZ..............................        04007               2.10
GRAHAM                                          AZ..............................        04009               2.10
GREENLEE                                        AZ..............................        04011               2.10
LA PAZ                                          AZ..............................        04012               2.10
MARICOPA                                        AZ..............................        04013               2.35
MOHAVE                                          AZ..............................        04015               1.90
NAVAJO                                          AZ..............................        04017               1.90
PIMA                                            AZ..............................        04019               2.35
PINAL                                           AZ..............................        04021               2.35
SANTA CRUZ                                      AZ..............................        04023               2.10
YAVAPAI                                         AZ..............................        04025               1.90
YUMA                                            AZ..............................        04027               2.10
ALAMEDA                                         CA..............................        06001               1.80
ALPINE                                          CA..............................        06003               1.70
AMADOR                                          CA..............................        06005               1.70
BUTTE                                           CA..............................        06007               1.70
CALAVERAS                                       CA..............................        06009               1.70

[[Page 54]]

 
COLUSA                                          CA..............................        06011               1.70
CONTRA COSTA                                    CA..............................        06013               1.80
DEL NORTE                                       CA..............................        06015               1.80
EL DORADO                                       CA..............................        06017               1.70
FRESNO                                          CA..............................        06019               1.60
GLENN                                           CA..............................        06021               1.70
HUMBOLDT                                        CA..............................        06023               1.80
IMPERIAL                                        CA..............................        06025               2.00
INYO                                            CA..............................        06027               1.60
KERN                                            CA..............................        06029               1.80
KINGS                                           CA..............................        06031               1.60
LAKE                                            CA..............................        06033               1.80
LASSEN                                          CA..............................        06035               1.70
LOS ANGELES                                     CA..............................        06037               2.10
MADERA                                          CA..............................        06039               1.60
MARIN                                           CA..............................        06041               1.80
MARIPOSA                                        CA..............................        06043               1.70
MENDOCINO                                       CA..............................        06045               1.80
MERCED                                          CA..............................        06047               1.70
MODOC                                           CA..............................        06049               1.70
MONO                                            CA..............................        06051               1.60
MONTEREY                                        CA..............................        06053               1.80
NAPA                                            CA..............................        06055               1.80
NEVADA                                          CA..............................        06057               1.70
ORANGE                                          CA..............................        06059               2.10
PLACER                                          CA..............................        06061               1.70
PLUMAS                                          CA..............................        06063               1.70
RIVERSIDE                                       CA..............................        06065               2.00
SACRAMENTO                                      CA..............................        06067               1.70
SAN BENITO                                      CA..............................        06069               1.80
SAN BERNARDINO                                  CA..............................        06071               1.80
SAN DIEGO                                       CA..............................        06073               2.10
SAN FRANCISCO                                   CA..............................        06075               1.80
SAN JOAQUIN                                     CA..............................        06077               1.70
SAN LUIS OBISPO                                 CA..............................        06079               1.80
SAN MATEO                                       CA..............................        06081               1.80
SANTA BARBARA                                   CA..............................        06083               1.80
SANTA CLARA                                     CA..............................        06085               1.80
SANTA CRUZ                                      CA..............................        06087               1.80
SHASTA                                          CA..............................        06089               1.70
SIERRA                                          CA..............................        06091               1.70
SISKIYOU                                        CA..............................        06093               1.80
SOLANO                                          CA..............................        06095               1.80
SONOMA                                          CA..............................        06097               1.80
STANISLAUS                                      CA..............................        06099               1.70
SUTTER                                          CA..............................        06101               1.70
TEHAMA                                          CA..............................        06103               1.70
TRINITY                                         CA..............................        06105               1.80
TULARE                                          CA..............................        06107               1.60
TUOLUMNE                                        CA..............................        06109               1.70
VENTURA                                         CA..............................        06111               1.80
YOLO                                            CA..............................        06113               1.70
YUBA                                            CA..............................        06115               1.70
ADAMS                                           CO..............................        08001               2.55
ALAMOSA                                         CO..............................        08003               1.90
ARAPAHOE                                        CO..............................        08005               2.55
ARCHULETA                                       CO..............................        08007               1.90
BACA                                            CO..............................        08009               2.35
BENT                                            CO..............................        08011               2.35
BOULDER                                         CO..............................        08013               2.45
CHAFFEE                                         CO..............................        08015               1.90
CHEYENNE                                        CO..............................        08017               2.35
CLEAR CREEK                                     CO..............................        08019               2.45
CONEJOS                                         CO..............................        08021               1.90
COSTILLA                                        CO..............................        08023               1.90
CROWLEY                                         CO..............................        08025               2.45
CUSTER                                          CO..............................        08027               2.45
DELTA                                           CO..............................        08029               2.00
DENVER                                          CO..............................        08031               2.55
DOLORES                                         CO..............................        08033               1.90
DOUGLAS                                         CO..............................        08035               2.55
EAGLE                                           CO..............................        08037               1.90

[[Page 55]]

 
EL PASO                                         CO..............................        08041               2.55
ELBERT                                          CO..............................        08039               2.45
FREMONT                                         CO..............................        08043               2.45
GARFIELD                                        CO..............................        08045               2.00
GILPIN                                          CO..............................        08047               2.45
GRAND                                           CO..............................        08049               1.90
GUNNISON                                        CO..............................        08051               1.90
HINSDALE                                        CO..............................        08053               1.90
HUERFANO                                        CO..............................        08055               2.45
JACKSON                                         CO..............................        08057               1.90
JEFFERSON                                       CO..............................        08059               2.55
KIOWA                                           CO..............................        08061               2.35
KIT CARSON                                      CO..............................        08063               2.35
LA PLATA                                        CO..............................        08067               1.90
LAKE                                            CO..............................        08065               1.90
LARIMER                                         CO..............................        08069               2.45
LAS ANIMAS                                      CO..............................        08071               2.35
LINCOLN                                         CO..............................        08073               2.45
LOGAN                                           CO..............................        08075               2.35
MESA                                            CO..............................        08077               2.00
MINERAL                                         CO..............................        08079               1.90
MOFFAT                                          CO..............................        08081               1.90
MONTEZUMA                                       CO..............................        08083               1.90
MONTROSE                                        CO..............................        08085               2.00
MORGAN                                          CO..............................        08087               2.35
OTERO                                           CO..............................        08089               2.45
OURAY                                           CO..............................        08091               1.90
PARK                                            CO..............................        08093               2.45
PHILLIPS                                        CO..............................        08095               2.35
PITKIN                                          CO..............................        08097               1.90
PROWERS                                         CO..............................        08099               2.35
PUEBLO                                          CO..............................        08101               2.45
RIO BLANCO                                      CO..............................        08103               1.90
RIO GRANDE                                      CO..............................        08105               1.90
ROUTT                                           CO..............................        08107               1.90
SAGUACHE                                        CO..............................        08109               1.90
SAN JUAN                                        CO..............................        08111               1.90
SAN MIGUEL                                      CO..............................        08113               1.90
SEDGWICK                                        CO..............................        08115               2.35
SUMMIT                                          CO..............................        08117               1.90
TELLER                                          CO..............................        08119               2.45
WASHINGTON                                      CO..............................        08121               2.35
WELD                                            CO..............................        08123               2.45
YUMA                                            CO..............................        08125               2.35
FAIRFIELD                                       CT..............................        09001               3.15
HARTFORD                                        CT..............................        09003               3.15
LITCHFIELD                                      CT..............................        09005               3.00
MIDDLESEX                                       CT..............................        09007               3.15
NEW HAVEN                                       CT..............................        09009               3.15
NEW LONDON                                      CT..............................        09011               3.15
TOLLAND                                         CT..............................        09013               3.15
WINDHAM                                         CT..............................        09015               3.15
DISTRICT OF COLUMBIA                            DC..............................        11001               3.00
KENT                                            DE..............................        10001               3.05
NEW CASTLE                                      DE..............................        10003               3.05
SUSSEX                                          DE..............................        10005               3.05
ALACHUA                                         FL..............................        12001               3.70
BAKER                                           FL..............................        12003               3.70
BAY                                             FL..............................        12005               3.70
BRADFORD                                        FL..............................        12007               3.70
BREVARD                                         FL..............................        12009               4.00
BROWARD                                         FL..............................        12011               4.30
CALHOUN                                         FL..............................        12013               3.70
CHARLOTTE                                       FL..............................        12015               4.30
CITRUS                                          FL..............................        12017               4.00
CLAY                                            FL..............................        12019               3.70
COLLIER                                         FL..............................        12021               4.30
COLUMBIA                                        FL..............................        12023               3.70
DADE                                            FL..............................        12025               4.30
DE SOTO                                         FL..............................        12027               4.00
DIXIE                                           FL..............................        12029               3.70
DUVAL                                           FL..............................        12031               3.70

[[Page 56]]

 
ESCAMBIA                                        FL..............................        12033               3.45
FLAGLER                                         FL..............................        12035               4.00
FRANKLIN                                        FL..............................        12037               3.70
GADSDEN                                         FL..............................        12039               3.70
GILCHRIST                                       FL..............................        12041               3.70
GLADES                                          FL..............................        12043               4.30
GULF                                            FL..............................        12045               3.70
HAMILTON                                        FL..............................        12047               3.70
HARDEE                                          FL..............................        12049               4.00
HENDRY                                          FL..............................        12051               4.30
HERNANDO                                        FL..............................        12053               4.00
HIGHLANDS                                       FL..............................        12055               4.00
HILLSBOROUGH                                    FL..............................        12057               4.00
HOLMES                                          FL..............................        12059               3.70
INDIAN RIVER                                    FL..............................        12061               4.00
JACKSON                                         FL..............................        12063               3.70
JEFFERSON                                       FL..............................        12065               3.70
LAFAYETTE                                       FL..............................        12067               3.70
LAKE                                            FL..............................        12069               4.00
LEE                                             FL..............................        12071               4.30
LEON                                            FL..............................        12073               3.70
LEVY                                            FL..............................        12075               4.00
LIBERTY                                         FL..............................        12077               3.70
MADISON                                         FL..............................        12079               3.70
MANATEE                                         FL..............................        12081               4.00
MARION                                          FL..............................        12083               4.00
MARTIN                                          FL..............................        12085               4.30
MONROE                                          FL..............................        12087               4.30
NASSAU                                          FL..............................        12089               3.70
OKALOOSA                                        FL..............................        12091               3.45
OKEECHOBEE                                      FL..............................        12093               4.00
ORANGE                                          FL..............................        12095               4.00
OSCEOLA                                         FL..............................        12097               4.00
PALM BEACH                                      FL..............................        12099               4.30
PASCO                                           FL..............................        12101               4.00
PINELLAS                                        FL..............................        12103               4.00
POLK                                            FL..............................        12105               4.00
PUTNAM                                          FL..............................        12107               3.70
SANTA ROSA                                      FL..............................        12113               3.45
SARASOTA                                        FL..............................        12115               4.00
SEMINOLE                                        FL..............................        12117               4.00
ST. JOHNS                                       FL..............................        12109               3.70
ST. LUCIE                                       FL..............................        12111               4.00
SUMTER                                          FL..............................        12119               4.00
SUWANNEE                                        FL..............................        12121               3.70
TAYLOR                                          FL..............................        12123               3.70
UNION                                           FL..............................        12125               3.70
VOLUSIA                                         FL..............................        12127               4.00
WAKULLA                                         FL..............................        12129               3.70
WALTON                                          FL..............................        12131               3.45
WASHINGTON                                      FL..............................        12133               3.70
APPLING                                         GA..............................        13001               3.45
ATKINSON                                        GA..............................        13003               3.45
BACON                                           GA..............................        13005               3.45
BAKER                                           GA..............................        13007               3.45
BALDWIN                                         GA..............................        13009               3.10
BANKS                                           GA..............................        13011               3.10
BARROW                                          GA..............................        13013               3.10
BARTOW                                          GA..............................        13015               3.10
BEN HILL                                        GA..............................        13017               3.45
BERRIEN                                         GA..............................        13019               3.45
BIBB                                            GA..............................        13021               3.30
BLECKLEY                                        GA..............................        13023               3.30
BRANTLEY                                        GA..............................        13025               3.45
BROOKS                                          GA..............................        13027               3.45
BRYAN                                           GA..............................        13029               3.45
BULLOCH                                         GA..............................        13031               3.30
BURKE                                           GA..............................        13033               3.30
BUTTS                                           GA..............................        13035               3.10
CALHOUN                                         GA..............................        13037               3.45
CAMDEN                                          GA..............................        13039               3.45
CANDLER                                         GA..............................        13043               3.30

[[Page 57]]

 
CARROLL                                         GA..............................        13045               3.10
CATOOSA                                         GA..............................        13047               2.80
CHARLTON                                        GA..............................        13049               3.45
CHATHAM                                         GA..............................        13051               3.45
CHATTAHOOCHEE                                   GA..............................        13053               3.30
CHATTOOGA                                       GA..............................        13055               2.80
CHEROKEE                                        GA..............................        13057               3.10
CLARKE                                          GA..............................        13059               3.10
CLAY                                            GA..............................        13061               3.45
CLAYTON                                         GA..............................        13063               3.10
CLINCH                                          GA..............................        13065               3.45
COBB                                            GA..............................        13067               3.10
COFFEE                                          GA..............................        13069               3.45
COLQUITT                                        GA..............................        13071               3.45
COLUMBIA                                        GA..............................        13073               3.10
COOK                                            GA..............................        13075               3.45
COWETA                                          GA..............................        13077               3.10
CRAWFORD                                        GA..............................        13079               3.30
CRISP                                           GA..............................        13081               3.45
DADE                                            GA..............................        13083               2.80
DAWSON                                          GA..............................        13085               3.10
DE KALB                                         GA..............................        13089               3.10
DECATUR                                         GA..............................        13087               3.45
DODGE                                           GA..............................        13091               3.45
DOOLY                                           GA..............................        13093               3.45
DOUGHERTY                                       GA..............................        13095               3.45
DOUGLAS                                         GA..............................        13097               3.10
EARLY                                           GA..............................        13099               3.45
ECHOLS                                          GA..............................        13101               3.45
EFFINGHAM                                       GA..............................        13103               3.30
ELBERT                                          GA..............................        13105               3.10
EMANUEL                                         GA..............................        13107               3.30
EVANS                                           GA..............................        13109               3.45
FANNIN                                          GA..............................        13111               2.80
FAYETTE                                         GA..............................        13113               3.10
FLOYD                                           GA..............................        13115               3.10
FORSYTH                                         GA..............................        13117               3.10
FRANKLIN                                        GA..............................        13119               3.10
FULTON                                          GA..............................        13121               3.10
GILMER                                          GA..............................        13123               3.10
GLASCOCK                                        GA..............................        13125               3.10
GLYNN                                           GA..............................        13127               3.45
GORDON                                          GA..............................        13129               3.10
GRADY                                           GA..............................        13131               3.45
GREENE                                          GA..............................        13133               3.10
GWINNETT                                        GA..............................        13135               3.10
HABERSHAM                                       GA..............................        13137               3.10
HALL                                            GA..............................        13139               3.10
HANCOCK                                         GA..............................        13141               3.10
HARALSON                                        GA..............................        13143               3.10
HARRIS                                          GA..............................        13145               3.30
HART                                            GA..............................        13147               3.10
HEARD                                           GA..............................        13149               3.10
HENRY                                           GA..............................        13151               3.10
HOUSTON                                         GA..............................        13153               3.30
IRWIN                                           GA..............................        13155               3.45
JACKSON                                         GA..............................        13157               3.10
JASPER                                          GA..............................        13159               3.10
JEFF DAVIS                                      GA..............................        13161               3.45
JEFFERSON                                       GA..............................        13163               3.30
JENKINS                                         GA..............................        13165               3.30
JOHNSON                                         GA..............................        13167               3.30
JONES                                           GA..............................        13169               3.10
LAMAR                                           GA..............................        13171               3.10
LANIER                                          GA..............................        13173               3.45
LAURENS                                         GA..............................        13175               3.30
LEE                                             GA..............................        13177               3.45
LIBERTY                                         GA..............................        13179               3.45
LINCOLN                                         GA..............................        13181               3.10
LONG                                            GA..............................        13183               3.45
LOWNDES                                         GA..............................        13185               3.45
LUMPKIN                                         GA..............................        13187               3.10

[[Page 58]]

 
MACON                                           GA..............................        13193               3.30
MADISON                                         GA..............................        13195               3.10
MARION                                          GA..............................        13197               3.30
MCDUFFIE                                        GA..............................        13189               3.10
MCINTOSH                                        GA..............................        13191               3.45
MERIWETHER                                      GA..............................        13199               3.10
MILLER                                          GA..............................        13201               3.45
MITCHELL                                        GA..............................        13205               3.45
MONROE                                          GA..............................        13207               3.10
MONTGOMERY                                      GA..............................        13209               3.45
MORGAN                                          GA..............................        13211               3.10
MURRAY                                          GA..............................        13213               2.80
MUSCOGEE                                        GA..............................        13215               3.30
NEWTON                                          GA..............................        13217               3.10
OCONEE                                          GA..............................        13219               3.10
OGLETHORPE                                      GA..............................        13221               3.10
PAULDING                                        GA..............................        13223               3.10
PEACH                                           GA..............................        13225               3.30
PICKENS                                         GA..............................        13227               3.10
PIERCE                                          GA..............................        13229               3.45
PIKE                                            GA..............................        13231               3.10
POLK                                            GA..............................        13233               3.10
PULASKI                                         GA..............................        13235               3.45
PUTNAM                                          GA..............................        13237               3.10
QUITMAN                                         GA..............................        13239               3.45
RABUN                                           GA..............................        13241               3.10
RANDOLPH                                        GA..............................        13243               3.45
RICHMOND                                        GA..............................        13245               3.30
ROCKDALE                                        GA..............................        13247               3.10
SCHLEY                                          GA..............................        13249               3.30
SCREVEN                                         GA..............................        13251               3.30
SEMINOLE                                        GA..............................        13253               3.45
SPALDING                                        GA..............................        13255               3.10
STEPHENS                                        GA..............................        13257               3.10
STEWART                                         GA..............................        13259               3.45
SUMTER                                          GA..............................        13261               3.45
TALBOT                                          GA..............................        13263               3.30
TALIAFERRO                                      GA..............................        13265               3.10
TATTNALL                                        GA..............................        13267               3.45
TAYLOR                                          GA..............................        13269               3.30
TELFAIR                                         GA..............................        13271               3.45
TERRELL                                         GA..............................        13273               3.45
THOMAS                                          GA..............................        13275               3.45
TIFT                                            GA..............................        13277               3.45
TOOMBS                                          GA..............................        13279               3.45
TOWNS                                           GA..............................        13281               3.10
TREUTLEN                                        GA..............................        13283               3.30
TROUP                                           GA..............................        13285               3.10
TURNER                                          GA..............................        13287               3.45
TWIGGS                                          GA..............................        13289               3.30
UNION                                           GA..............................        13291               3.10
UPSON                                           GA..............................        13293               3.10
WALKER                                          GA..............................        13295               2.80
WALTON                                          GA..............................        13297               3.10
WARE                                            GA..............................        13299               3.45
WARREN                                          GA..............................        13301               3.10
WASHINGTON                                      GA..............................        13303               3.30
WAYNE                                           GA..............................        13305               3.45
WEBSTER                                         GA..............................        13307               3.45
WHEELER                                         GA..............................        13309               3.45
WHITE                                           GA..............................        13311               3.10
WHITFIELD                                       GA..............................        13313               2.80
WILCOX                                          GA..............................        13315               3.45
WILKES                                          GA..............................        13317               3.10
WILKINSON                                       GA..............................        13319               3.30
WORTH                                           GA..............................        13321               3.45
ADAIR                                           IA..............................        19001               1.80
ADAMS                                           IA..............................        19003               1.80
ALLAMAKEE                                       IA..............................        19005               1.75
APPANOOSE                                       IA..............................        19007               1.80
AUDUBON                                         IA..............................        19009               1.80
BENTON                                          IA..............................        19011               1.80

[[Page 59]]

 
BLACK HAWK                                      IA..............................        19013               1.75
BOONE                                           IA..............................        19015               1.80
BREMER                                          IA..............................        19017               1.75
BUCHANAN                                        IA..............................        19019               1.75
BUENA VISTA                                     IA..............................        19021               1.75
BUTLER                                          IA..............................        19023               1.75
CALHOUN                                         IA..............................        19025               1.75
CARROLL                                         IA..............................        19027               1.80
CASS                                            IA..............................        19029               1.80
CEDAR                                           IA..............................        19031               1.80
CERRO GORDO                                     IA..............................        19033               1.75
CHEROKEE                                        IA..............................        19035               1.75
CHICKASAW                                       IA..............................        19037               1.75
CLARKE                                          IA..............................        19039               1.80
CLAY                                            IA..............................        19041               1.75
CLAYTON                                         IA..............................        19043               1.75
CLINTON                                         IA..............................        19045               1.80
CRAWFORD                                        IA..............................        19047               1.80
DALLAS                                          IA..............................        19049               1.80
DAVIS                                           IA..............................        19051               1.80
DECATUR                                         IA..............................        19053               1.80
DELAWARE                                        IA..............................        19055               1.75
DES MOINES                                      IA..............................        19057               1.80
DICKINSON                                       IA..............................        19059               1.75
DUBUQUE                                         IA..............................        19061               1.75
EMMET                                           IA..............................        19063               1.75
FAYETTE                                         IA..............................        19065               1.75
FLOYD                                           IA..............................        19067               1.75
FRANKLIN                                        IA..............................        19069               1.75
FREMONT                                         IA..............................        19071               1.85
GREENE                                          IA..............................        19073               1.80
GRUNDY                                          IA..............................        19075               1.75
GUTHRIE                                         IA..............................        19077               1.80
HAMILTON                                        IA..............................        19079               1.75
HANCOCK                                         IA..............................        19081               1.75
HARDIN                                          IA..............................        19083               1.75
HARRISON                                        IA..............................        19085               1.80
HENRY                                           IA..............................        19087               1.80
HOWARD                                          IA..............................        19089               1.75
HUMBOLDT                                        IA..............................        19091               1.75
IDA                                             IA..............................        19093               1.75
IOWA                                            IA..............................        19095               1.80
JACKSON                                         IA..............................        19097               1.80
JASPER                                          IA..............................        19099               1.80
JEFFERSON                                       IA..............................        19101               1.80
JOHNSON                                         IA..............................        19103               1.80
JONES                                           IA..............................        19105               1.80
KEOKUK                                          IA..............................        19107               1.80
KOSSUTH                                         IA..............................        19109               1.75
LEE                                             IA..............................        19111               1.80
LINN                                            IA..............................        19113               1.80
LOUISA                                          IA..............................        19115               1.80
LUCAS                                           IA..............................        19117               1.80
LYON                                            IA..............................        19119               1.75
MADISON                                         IA..............................        19121               1.80
MAHASKA                                         IA..............................        19123               1.80
MARION                                          IA..............................        19125               1.80
MARSHALL                                        IA..............................        19127               1.80
MILLS                                           IA..............................        19129               1.85
MITCHELL                                        IA..............................        19131               1.75
MONONA                                          IA..............................        19133               1.80
MONROE                                          IA..............................        19135               1.80
MONTGOMERY                                      IA..............................        19137               1.80
MUSCATINE                                       IA..............................        19139               1.80
O'BRIEN                                         IA..............................        19141               1.75
OSCEOLA                                         IA..............................        19143               1.75
PAGE                                            IA..............................        19145               1.80
PALO ALTO                                       IA..............................        19147               1.75
PLYMOUTH                                        IA..............................        19149               1.75
POCAHONTAS                                      IA..............................        19151               1.75
POLK                                            IA..............................        19153               1.80
POTTAWATTAMIE                                   IA..............................        19155               1.85

[[Page 60]]

 
POWESHIEK                                       IA..............................        19157               1.80
RINGGOLD                                        IA..............................        19159               1.80
SAC                                             IA..............................        19161               1.75
SCOTT                                           IA..............................        19163               1.80
SHELBY                                          IA..............................        19165               1.80
SIOUX                                           IA..............................        19167               1.75
STORY                                           IA..............................        19169               1.80
TAMA                                            IA..............................        19171               1.80
TAYLOR                                          IA..............................        19173               1.80
UNION                                           IA..............................        19175               1.80
VAN BUREN                                       IA..............................        19177               1.80
WAPELLO                                         IA..............................        19179               1.80
WARREN                                          IA..............................        19181               1.80
WASHINGTON                                      IA..............................        19183               1.80
WAYNE                                           IA..............................        19185               1.80
WEBSTER                                         IA..............................        19187               1.75
WINNEBAGO                                       IA..............................        19189               1.75
WINNESHIEK                                      IA..............................        19191               1.75
WOODBURY                                        IA..............................        19193               1.75
WORTH                                           IA..............................        19195               1.75
WRIGHT                                          IA..............................        19197               1.75
ADA                                             ID..............................        16001               1.60
ADAMS                                           ID..............................        16003               1.60
BANNOCK                                         ID..............................        16005               1.60
BEAR LAKE                                       ID..............................        16007               1.60
BENEWAH                                         ID..............................        16009               1.90
BINGHAM                                         ID..............................        16011               1.60
BLAINE                                          ID..............................        16013               1.60
BOISE                                           ID..............................        16015               1.60
BONNER                                          ID..............................        16017               1.90
BONNEVILLE                                      ID..............................        16019               1.60
BOUNDARY                                        ID..............................        16021               1.90
BUTTE                                           ID..............................        16023               1.60
CAMAS                                           ID..............................        16025               1.60
CANYON                                          ID..............................        16027               1.60
CARIBOU                                         ID..............................        16029               1.60
CASSIA                                          ID..............................        16031               1.60
CLARK                                           ID..............................        16033               1.60
CLEARWATER                                      ID..............................        16035               1.60
CUSTER                                          ID..............................        16037               1.60
ELMORE                                          ID..............................        16039               1.60
FRANKLIN                                        ID..............................        16041               1.60
FREMONT                                         ID..............................        16043               1.60
GEM                                             ID..............................        16045               1.60
GOODING                                         ID..............................        16047               1.60
IDAHO                                           ID..............................        16049               1.60
JEFFERSON                                       ID..............................        16051               1.60
JEROME                                          ID..............................        16053               1.60
KOOTENAI                                        ID..............................        16055               1.90
LATAH                                           ID..............................        16057               1.90
LEMHI                                           ID..............................        16059               1.60
LEWIS                                           ID..............................        16061               1.60
LINCOLN                                         ID..............................        16063               1.60
MADISON                                         ID..............................        16065               1.60
MINIDOKA                                        ID..............................        16067               1.60
NEZ PERCE                                       ID..............................        16069               1.60
ONEIDA                                          ID..............................        16071               1.60
OWYHEE                                          ID..............................        16073               1.60
PAYETTE                                         ID..............................        16075               1.60
POWER                                           ID..............................        16077               1.60
SHOSHONE                                        ID..............................        16079               1.90
TETON                                           ID..............................        16081               1.60
TWIN FALLS                                      ID..............................        16083               1.60
VALLEY                                          ID..............................        16085               1.60
WASHINGTON                                      ID..............................        16087               1.60
ADAMS                                           IL..............................        17001               1.80
ALEXANDER                                       IL..............................        17003               2.20
BOND                                            IL..............................        17005               2.00
BOONE                                           IL..............................        17007               1.75
BROWN                                           IL..............................        17009               1.80
BUREAU                                          IL..............................        17011               1.80
CALHOUN                                         IL..............................        17013               2.00

[[Page 61]]

 
CARROLL                                         IL..............................        17015               1.80
CASS                                            IL..............................        17017               1.80
CHAMPAIGN                                       IL..............................        17019               1.80
CHRISTIAN                                       IL..............................        17021               2.00
CLARK                                           IL..............................        17023               2.00
CLAY                                            IL..............................        17025               2.00
CLINTON                                         IL..............................        17027               2.00
COLES                                           IL..............................        17029               2.00
COOK                                            IL..............................        17031               1.80
CRAWFORD                                        IL..............................        17033               2.00
CUMBERLAND                                      IL..............................        17035               2.00
DE KALB                                         IL..............................        17037               1.80
DE WITT                                         IL..............................        17039               1.80
DOUGLAS                                         IL..............................        17041               2.00
DU PAGE                                         IL..............................        17043               1.80
EDGAR                                           IL..............................        17045               2.00
EDWARDS                                         IL..............................        17047               2.20
EFFINGHAM                                       IL..............................        17049               2.00
FAYETTE                                         IL..............................        17051               2.00
FORD                                            IL..............................        17053               1.80
FRANKLIN                                        IL..............................        17055               2.20
FULTON                                          IL..............................        17057               1.80
GALLATIN                                        IL..............................        17059               2.20
GREENE                                          IL..............................        17061               2.00
GRUNDY                                          IL..............................        17063               1.80
HAMILTON                                        IL..............................        17065               2.20
HANCOCK                                         IL..............................        17067               1.80
HARDIN                                          IL..............................        17069               2.20
HENDERSON                                       IL..............................        17071               1.80
HENRY                                           IL..............................        17073               1.80
IROQUOIS                                        IL..............................        17075               1.80
JACKSON                                         IL..............................        17077               2.20
JASPER                                          IL..............................        17079               2.00
JEFFERSON                                       IL..............................        17081               2.00
JERSEY                                          IL..............................        17083               2.00
JO DAVIESS                                      IL..............................        17085               1.75
JOHNSON                                         IL..............................        17087               2.20
KANE                                            IL..............................        17089               1.80
KANKAKEE                                        IL..............................        17091               1.80
KENDALL                                         IL..............................        17093               1.80
KNOX                                            IL..............................        17095               1.80
LA SALLE                                        IL..............................        17099               1.80
LAKE                                            IL..............................        17097               1.80
LAWRENCE                                        IL..............................        17101               2.00
LEE                                             IL..............................        17103               1.80
LIVINGSTON                                      IL..............................        17105               1.80
LOGAN                                           IL..............................        17107               1.80
MACON                                           IL..............................        17115               1.80
MACOUPIN                                        IL..............................        17117               2.00
MADISON                                         IL..............................        17119               2.00
MARION                                          IL..............................        17121               2.00
MARSHALL                                        IL..............................        17123               1.80
MASON                                           IL..............................        17125               1.80
MASSAC                                          IL..............................        17127               2.20
MCDONOUGH                                       IL..............................        17109               1.80
MCHENRY                                         IL..............................        17111               1.80
MCLEAN                                          IL..............................        17113               1.80
MENARD                                          IL..............................        17129               1.80
MERCER                                          IL..............................        17131               1.80
MONROE                                          IL..............................        17133               2.00
MONTGOMERY                                      IL..............................        17135               2.00
MORGAN                                          IL..............................        17137               1.80
MOULTRIE                                        IL..............................        17139               2.00
OGLE                                            IL..............................        17141               1.80
PEORIA                                          IL..............................        17143               1.80
PERRY                                           IL..............................        17145               2.00
PIATT                                           IL..............................        17147               1.80
PIKE                                            IL..............................        17149               1.80
POPE                                            IL..............................        17151               2.20
PULASKI                                         IL..............................        17153               2.20
PUTNAM                                          IL..............................        17155               1.80
RANDOLPH                                        IL..............................        17157               2.00

[[Page 62]]

 
RICHLAND                                        IL..............................        17159               2.00
ROCK ISLAND                                     IL..............................        17161               1.80
SALINE                                          IL..............................        17165               2.20
SANGAMON                                        IL..............................        17167               1.80
SCHUYLER                                        IL..............................        17169               1.80
SCOTT                                           IL..............................        17171               1.80
SHELBY                                          IL..............................        17173               2.00
ST. CLAIR                                       IL..............................        17163               2.00
STARK                                           IL..............................        17175               1.80
STEPHENSON                                      IL..............................        17177               1.75
TAZEWELL                                        IL..............................        17179               1.80
UNION                                           IL..............................        17181               2.20
VERMILION                                       IL..............................        17183               1.80
WABASH                                          IL..............................        17185               2.20
WARREN                                          IL..............................        17187               1.80
WASHINGTON                                      IL..............................        17189               2.00
WAYNE                                           IL..............................        17191               2.20
WHITE                                           IL..............................        17193               2.20
WHITESIDE                                       IL..............................        17195               1.80
WILL                                            IL..............................        17197               1.80
WILLIAMSON                                      IL..............................        17199               2.20
WINNEBAGO                                       IL..............................        17201               1.75
WOODFORD                                        IL..............................        17203               1.80
ADAMS                                           IN..............................        18001               1.80
ALLEN                                           IN..............................        18003               1.80
BARTHOLOMEW                                     IN..............................        18005               2.20
BENTON                                          IN..............................        18007               1.80
BLACKFORD                                       IN..............................        18009               1.80
BOONE                                           IN..............................        18011               2.00
BROWN                                           IN..............................        18013               2.20
CARROLL                                         IN..............................        18015               1.80
CASS                                            IN..............................        18017               1.80
CLARK                                           IN..............................        18019               2.20
CLAY                                            IN..............................        18021               2.00
CLINTON                                         IN..............................        18023               1.80
CRAWFORD                                        IN..............................        18025               2.20
DAVIESS                                         IN..............................        18027               2.20
DEKALB                                          IN..............................        18033               1.80
DEARBORN                                        IN..............................        18029               2.20
DECATUR                                         IN..............................        18031               2.20
DELAWARE                                        IN..............................        18035               2.00
DUBOIS                                          IN..............................        18037               2.20
ELKHART                                         IN..............................        18039               1.80
FAYETTE                                         IN..............................        18041               2.00
FLOYD                                           IN..............................        18043               2.20
FOUNTAIN                                        IN..............................        18045               1.80
FRANKLIN                                        IN..............................        18047               2.00
FULTON                                          IN..............................        18049               1.80
GIBSON                                          IN..............................        18051               2.20
GRANT                                           IN..............................        18053               1.80
GREENE                                          IN..............................        18055               2.20
HAMILTON                                        IN..............................        18057               2.00
HANCOCK                                         IN..............................        18059               2.00
HARRISON                                        IN..............................        18061               2.20
HENDRICKS                                       IN..............................        18063               2.00
HENRY                                           IN..............................        18065               2.00
HOWARD                                          IN..............................        18067               1.80
HUNTINGTON                                      IN..............................        18069               1.80
JACKSON                                         IN..............................        18071               2.20
JASPER                                          IN..............................        18073               1.80
JAY                                             IN..............................        18075               1.80
JEFFERSON                                       IN..............................        18077               2.20
JENNINGS                                        IN..............................        18079               2.20
JOHNSON                                         IN..............................        18081               2.00
KNOX                                            IN..............................        18083               2.20
KOSCIUSKO                                       IN..............................        18085               1.80
LA PORTE                                        IN..............................        18091               1.80
LAGRANGE                                        IN..............................        18087               1.80
LAKE                                            IN..............................        18089               1.80
LAWRENCE                                        IN..............................        18093               2.20
MADISON                                         IN..............................        18095               2.00
MARION                                          IN..............................        18097               2.00

[[Page 63]]

 
MARSHALL                                        IN..............................        18099               1.80
MARTIN                                          IN..............................        18101               2.20
MIAMI                                           IN..............................        18103               1.80
MONROE                                          IN..............................        18105               2.20
MONTGOMERY                                      IN..............................        18107               2.00
MORGAN                                          IN..............................        18109               2.00
NEWTON                                          IN..............................        18111               1.80
NOBLE                                           IN..............................        18113               1.80
OHIO                                            IN..............................        18115               2.20
ORANGE                                          IN..............................        18117               2.20
OWEN                                            IN..............................        18119               2.00
PARKE                                           IN..............................        18121               2.00
PERRY                                           IN..............................        18123               2.20
PIKE                                            IN..............................        18125               2.20
PORTER                                          IN..............................        18127               1.80
POSEY                                           IN..............................        18129               2.20
PULASKI                                         IN..............................        18131               1.80
PUTNAM                                          IN..............................        18133               2.00
RANDOLPH                                        IN..............................        18135               2.00
RIPLEY                                          IN..............................        18137               2.20
RUSH                                            IN..............................        18139               2.00
SCOTT                                           IN..............................        18143               2.20
SHELBY                                          IN..............................        18145               2.00
SPENCER                                         IN..............................        18147               2.20
ST. JOSEPH                                      IN..............................        18141               1.80
STARKE                                          IN..............................        18149               1.80
STEUBEN                                         IN..............................        18151               1.80
SULLIVAN                                        IN..............................        18153               2.20
SWITZERLAND                                     IN..............................        18155               2.20
TIPPECANOE                                      IN..............................        18157               1.80
TIPTON                                          IN..............................        18159               1.80
UNION                                           IN..............................        18161               2.00
VANDERBURGH                                     IN..............................        18163               2.20
VERMILLION                                      IN..............................        18165               2.00
VIGO                                            IN..............................        18167               2.00
WABASH                                          IN..............................        18169               1.80
WARREN                                          IN..............................        18171               1.80
WARRICK                                         IN..............................        18173               2.20
WASHINGTON                                      IN..............................        18175               2.20
WAYNE                                           IN..............................        18177               2.00
WELLS                                           IN..............................        18179               1.80
WHITE                                           IN..............................        18181               1.80
WHITLEY                                         IN..............................        18183               1.80
ALLEN                                           KS..............................        20001               2.20
ANDERSON                                        KS..............................        20003               2.00
ATCHISON                                        KS..............................        20005               2.00
BARBER                                          KS..............................        20007               2.20
BARTON                                          KS..............................        20009               2.20
BOURBON                                         KS..............................        20011               2.20
BROWN                                           KS..............................        20013               2.00
BUTLER                                          KS..............................        20015               2.20
CHASE                                           KS..............................        20017               2.20
CHAUTAUQUA                                      KS..............................        20019               2.20
CHEROKEE                                        KS..............................        20021               2.20
CHEYENNE                                        KS..............................        20023               2.20
CLARK                                           KS..............................        20025               2.20
CLAY                                            KS..............................        20027               2.00
CLOUD                                           KS..............................        20029               2.00
COFFEY                                          KS..............................        20031               2.00
COMANCHE                                        KS..............................        20033               2.20
COWLEY                                          KS..............................        20035               2.20
CRAWFORD                                        KS..............................        20037               2.20
DECATUR                                         KS..............................        20039               2.00
DICKINSON                                       KS..............................        20041               2.00
DONIPHAN                                        KS..............................        20043               2.00
DOUGLAS                                         KS..............................        20045               2.00
EDWARDS                                         KS..............................        20047               2.20
ELK                                             KS..............................        20049               2.20
ELLIS                                           KS..............................        20051               2.00
ELLSWORTH                                       KS..............................        20053               2.00
FINNEY                                          KS..............................        20055               2.20
FORD                                            KS..............................        20057               2.20

[[Page 64]]

 
FRANKLIN                                        KS..............................        20059               2.00
GEARY                                           KS..............................        20061               2.00
GOVE                                            KS..............................        20063               2.20
GRAHAM                                          KS..............................        20065               2.00
GRANT                                           KS..............................        20067               2.20
GRAY                                            KS..............................        20069               2.20
GREELEY                                         KS..............................        20071               2.20
GREENWOOD                                       KS..............................        20073               2.20
HAMILTON                                        KS..............................        20075               2.20
HARPER                                          KS..............................        20077               2.20
HARVEY                                          KS..............................        20079               2.20
HASKELL                                         KS..............................        20081               2.20
HODGEMAN                                        KS..............................        20083               2.20
JACKSON                                         KS..............................        20085               2.00
JEFFERSON                                       KS..............................        20087               2.00
JEWELL                                          KS..............................        20089               2.00
JOHNSON                                         KS..............................        20091               2.00
KEARNY                                          KS..............................        20093               2.20
KINGMAN                                         KS..............................        20095               2.20
KIOWA                                           KS..............................        20097               2.20
LABETTE                                         KS..............................        20099               2.20
LANE                                            KS..............................        20101               2.20
LEAVENWORTH                                     KS..............................        20103               2.00
LINCOLN                                         KS..............................        20105               2.00
LINN                                            KS..............................        20107               2.00
LOGAN                                           KS..............................        20109               2.20
LYON                                            KS..............................        20111               2.00
MARION                                          KS..............................        20115               2.20
MARSHALL                                        KS..............................        20117               2.00
MCPHERSON                                       KS..............................        20113               2.20
MEADE                                           KS..............................        20119               2.20
MIAMI                                           KS..............................        20121               2.00
MITCHELL                                        KS..............................        20123               2.00
MONTGOMERY                                      KS..............................        20125               2.20
MORRIS                                          KS..............................        20127               2.00
MORTON                                          KS..............................        20129               2.20
NEMAHA                                          KS..............................        20131               2.00
NEOSHO                                          KS..............................        20133               2.20
NESS                                            KS..............................        20135               2.20
NORTON                                          KS..............................        20137               2.00
OSAGE                                           KS..............................        20139               2.00
OSBORNE                                         KS..............................        20141               2.00
OTTAWA                                          KS..............................        20143               2.00
PAWNEE                                          KS..............................        20145               2.20
PHILLIPS                                        KS..............................        20147               2.00
POTTAWATOMIE                                    KS..............................        20149               2.00
PRATT                                           KS..............................        20151               2.20
RAWLINS                                         KS..............................        20153               2.00
RENO                                            KS..............................        20155               2.20
REPUBLIC                                        KS..............................        20157               2.00
RICE                                            KS..............................        20159               2.20
RILEY                                           KS..............................        20161               2.00
ROOKS                                           KS..............................        20163               2.00
RUSH                                            KS..............................        20165               2.20
RUSSELL                                         KS..............................        20167               2.00
SALINE                                          KS..............................        20169               2.00
SCOTT                                           KS..............................        20171               2.20
SEDGWICK                                        KS..............................        20173               2.20
SEWARD                                          KS..............................        20175               2.20
SHAWNEE                                         KS..............................        20177               2.00
SHERIDAN                                        KS..............................        20179               2.00
SHERMAN                                         KS..............................        20181               2.20
SMITH                                           KS..............................        20183               2.00
STAFFORD                                        KS..............................        20185               2.20
STANTON                                         KS..............................        20187               2.20
STEVENS                                         KS..............................        20189               2.20
SUMNER                                          KS..............................        20191               2.20
THOMAS                                          KS..............................        20193               2.00
TREGO                                           KS..............................        20195               2.20
WABAUNSEE                                       KS..............................        20197               2.00
WALLACE                                         KS..............................        20199               2.20
WASHINGTON                                      KS..............................        20201               2.00

[[Page 65]]

 
WICHITA                                         KS..............................        20203               2.20
WILSON                                          KS..............................        20205               2.20
WOODSON                                         KS..............................        20207               2.20
WYANDOTTE                                       KS..............................        20209               2.00
ADAIR                                           KY..............................        21001               2.40
ALLEN                                           KY..............................        21003               2.40
ANDERSON                                        KY..............................        21005               2.20
BALLARD                                         KY..............................        21007               2.40
BARREN                                          KY..............................        21009               2.40
BATH                                            KY..............................        21011               2.20
BELL                                            KY..............................        21013               2.40
BOONE                                           KY..............................        21015               2.20
BOURBON                                         KY..............................        21017               2.20
BOYD                                            KY..............................        21019               2.20
BOYLE                                           KY..............................        21021               2.20
BRACKEN                                         KY..............................        21023               2.20
BREATHITT                                       KY..............................        21025               2.20
BRECKINRIDGE                                    KY..............................        21027               2.20
BULLITT                                         KY..............................        21029               2.20
BUTLER                                          KY..............................        21031               2.40
CALDWELL                                        KY..............................        21033               2.40
CALLOWAY                                        KY..............................        21035               2.40
CAMPBELL                                        KY..............................        21037               2.20
CARLISLE                                        KY..............................        21039               2.40
CARROLL                                         KY..............................        21041               2.20
CARTER                                          KY..............................        21043               2.20
CASEY                                           KY..............................        21045               2.40
CHRISTIAN                                       KY..............................        21047               2.40
CLARK                                           KY..............................        21049               2.20
CLAY                                            KY..............................        21051               2.40
CLINTON                                         KY..............................        21053               2.40
CRITTENDEN                                      KY..............................        21055               2.40
CUMBERLAND                                      KY..............................        21057               2.40
DAVIESS                                         KY..............................        21059               2.20
EDMONSON                                        KY..............................        21061               2.40
ELLIOTT                                         KY..............................        21063               2.20
ESTILL                                          KY..............................        21065               2.20
FAYETTE                                         KY..............................        21067               2.20
FLEMING                                         KY..............................        21069               2.20
FLOYD                                           KY..............................        21071               2.20
FRANKLIN                                        KY..............................        21073               2.20
FULTON                                          KY..............................        21075               2.40
GALLATIN                                        KY..............................        21077               2.20
GARRARD                                         KY..............................        21079               2.20
GRANT                                           KY..............................        21081               2.20
GRAVES                                          KY..............................        21083               2.40
GRAYSON                                         KY..............................        21085               2.40
GREEN                                           KY..............................        21087               2.40
GREENUP                                         KY..............................        21089               2.20
HANCOCK                                         KY..............................        21091               2.20
HARDIN                                          KY..............................        21093               2.20
HARLAN                                          KY..............................        21095               2.40
HARRISON                                        KY..............................        21097               2.20
HART                                            KY..............................        21099               2.40
HENDERSON                                       KY..............................        21101               2.20
HENRY                                           KY..............................        21103               2.20
HICKMAN                                         KY..............................        21105               2.40
HOPKINS                                         KY..............................        21107               2.40
JACKSON                                         KY..............................        21109               2.20
JEFFERSON                                       KY..............................        21111               2.20
JESSAMINE                                       KY..............................        21113               2.20
JOHNSON                                         KY..............................        21115               2.20
KENTON                                          KY..............................        21117               2.20
KNOTT                                           KY..............................        21119               2.40
KNOX                                            KY..............................        21121               2.40
LARUE                                           KY..............................        21123               2.20
LAUREL                                          KY..............................        21125               2.40
LAWRENCE                                        KY..............................        21127               2.20
LEE                                             KY..............................        21129               2.20
LESLIE                                          KY..............................        21131               2.40
LETCHER                                         KY..............................        21133               2.40
LEWIS                                           KY..............................        21135               2.20

[[Page 66]]

 
LINCOLN                                         KY..............................        21137               2.20
LIVINGSTON                                      KY..............................        21139               2.40
LOGAN                                           KY..............................        21141               2.40
LYON                                            KY..............................        21143               2.40
MADISON                                         KY..............................        21151               2.20
MAGOFFIN                                        KY..............................        21153               2.20
MARION                                          KY..............................        21155               2.20
MARSHALL                                        KY..............................        21157               2.40
MARTIN                                          KY..............................        21159               2.20
MASON                                           KY..............................        21161               2.20
MCCRACKEN                                       KY..............................        21145               2.40
MCCREARY                                        KY..............................        21147               2.40
MCLEAN                                          KY..............................        21149               2.20
MEADE                                           KY..............................        21163               2.20
MENIFEE                                         KY..............................        21165               2.20
MERCER                                          KY..............................        21167               2.20
METCALFE                                        KY..............................        21169               2.40
MONROE                                          KY..............................        21171               2.40
MONTGOMERY                                      KY..............................        21173               2.20
MORGAN                                          KY..............................        21175               2.20
MUHLENBERG                                      KY..............................        21177               2.40
NELSON                                          KY..............................        21179               2.20
NICHOLAS                                        KY..............................        21181               2.20
OHIO                                            KY..............................        21183               2.40
OLDHAM                                          KY..............................        21185               2.20
OWEN                                            KY..............................        21187               2.20
OWSLEY                                          KY..............................        21189               2.20
PENDLETON                                       KY..............................        21191               2.20
PERRY                                           KY..............................        21193               2.40
PIKE                                            KY..............................        21195               2.40
POWELL                                          KY..............................        21197               2.20
PULASKI                                         KY..............................        21199               2.40
ROBERTSON                                       KY..............................        21201               2.20
ROCKCASTLE                                      KY..............................        21203               2.20
ROWAN                                           KY..............................        21205               2.20
RUSSELL                                         KY..............................        21207               2.40
SCOTT                                           KY..............................        21209               2.20
SHELBY                                          KY..............................        21211               2.20
SIMPSON                                         KY..............................        21213               2.40
SPENCER                                         KY..............................        21215               2.20
TAYLOR                                          KY..............................        21217               2.40
TODD                                            KY..............................        21219               2.40
TRIGG                                           KY..............................        21221               2.40
TRIMBLE                                         KY..............................        21223               2.20
UNION                                           KY..............................        21225               2.20
WARREN                                          KY..............................        21227               2.40
WASHINGTON                                      KY..............................        21229               2.20
WAYNE                                           KY..............................        21231               2.40
WEBSTER                                         KY..............................        21233               2.40
WHITLEY                                         KY..............................        21235               2.40
WOLFE                                           KY..............................        21237               2.20
WOODFORD                                        KY..............................        21239               2.20
ACADIA                                          LA..............................        22001               3.50
ALLEN                                           LA..............................        22003               3.50
ASCENSION                                       LA..............................        22005               3.60
ASSUMPTION                                      LA..............................        22007               3.60
AVOYELLES                                       LA..............................        22009               3.40
BEAUREGARD                                      LA..............................        22011               3.50
BIENVILLE                                       LA..............................        22013               3.30
BOSSIER                                         LA..............................        22015               3.10
CADDO                                           LA..............................        22017               3.10
CALCASIEU                                       LA..............................        22019               3.50
CALDWELL                                        LA..............................        22021               3.30
CAMERON                                         LA..............................        22023               3.60
CATAHOULA                                       LA..............................        22025               3.40
CLAIBORNE                                       LA..............................        22027               3.10
CONCORDIA                                       LA..............................        22029               3.40
DE SOTO                                         LA..............................        22031               3.30
EAST BATON ROUGE                                LA..............................        22033               3.60
EAST CARROLL                                    LA..............................        22035               3.10
EAST FELICIANA                                  LA..............................        22037               3.50
EVANGELINE                                      LA..............................        22039               3.50

[[Page 67]]

 
FRANKLIN                                        LA..............................        22041               3.30
GRANT                                           LA..............................        22043               3.40
IBERIA                                          LA..............................        22045               3.60
IBERVILLE                                       LA..............................        22047               3.60
JACKSON                                         LA..............................        22049               3.30
JEFFERSON                                       LA..............................        22051               3.60
JEFFERSON DAVIS                                 LA..............................        22053               3.50
LA SALLE                                        LA..............................        22059               3.40
LAFAYETTE                                       LA..............................        22055               3.60
LAFOURCHE                                       LA..............................        22057               3.60
LINCOLN                                         LA..............................        22061               3.10
LIVINGSTON                                      LA..............................        22063               3.60
MADISON                                         LA..............................        22065               3.30
MOREHOUSE                                       LA..............................        22067               3.10
NATCHITOCHES                                    LA..............................        22069               3.30
ORLEANS                                         LA..............................        22071               3.60
OUACHITA                                        LA..............................        22073               3.10
PLAQUEMINES                                     LA..............................        22075               3.60
POINTE COUPEE                                   LA..............................        22077               3.50
RAPIDES                                         LA..............................        22079               3.40
RED RIVER                                       LA..............................        22081               3.30
RICHLAND                                        LA..............................        22083               3.10
SABINE                                          LA..............................        22085               3.30
ST. BERNARD                                     LA..............................        22087               3.60
ST. CHARLES                                     LA..............................        22089               3.60
ST. HELENA                                      LA..............................        22091               3.50
ST. JAMES                                       LA..............................        22093               3.60
ST. JOHN THE BAPTIST                            LA..............................        22095               3.60
ST. LANDRY                                      LA..............................        22097               3.50
ST. MARTIN                                      LA..............................        22099               3.60
ST. MARY                                        LA..............................        22101               3.60
ST. TAMMANY                                     LA..............................        22103               3.50
TANGIPAHOA                                      LA..............................        22105               3.60
TENSAS                                          LA..............................        22107               3.30
TERREBONNE                                      LA..............................        22109               3.60
UNION                                           LA..............................        22111               3.10
VERMILION                                       LA..............................        22113               3.60
VERNON                                          LA..............................        22115               3.40
WASHINGTON                                      LA..............................        22117               3.50
WEBSTER                                         LA..............................        22119               3.10
WEST BATON ROUGE                                LA..............................        22121               3.60
WEST CARROLL                                    LA..............................        22123               3.10
WEST FELICIANA                                  LA..............................        22125               3.50
WINN                                            LA..............................        22127               3.30
BARNSTABLE                                      MA..............................        25001               3.25
BERKSHIRE                                       MA..............................        25003               2.80
BRISTOL                                         MA..............................        25005               3.25
DUKES                                           MA..............................        25007               3.25
ESSEX                                           MA..............................        25009               3.25
FRANKLIN                                        MA..............................        25011               3.00
HAMPDEN                                         MA..............................        25013               3.00
HAMPSHIRE                                       MA..............................        25015               3.00
MIDDLESEX                                       MA..............................        25017               3.25
NANTUCKET                                       MA..............................        25019               3.25
NORFOLK                                         MA..............................        25021               3.25
PLYMOUTH                                        MA..............................        25023               3.25
SUFFOLK                                         MA..............................        25025               3.25
WORCESTER                                       MA..............................        25027               3.10
ALLEGANY                                        MD..............................        24001               2.60
ANNE ARUNDEL                                    MD..............................        24003               3.00
BALTIMORE                                       MD..............................        24005               3.00
BALTIMORE CITY                                  MD..............................        24510               3.00
CALVERT                                         MD..............................        24009               3.00
CAROLINE                                        MD..............................        24011               3.00
CARROLL                                         MD..............................        24013               2.90
CECIL                                           MD..............................        24015               3.05
CHARLES                                         MD..............................        24017               3.00
DORCHESTER                                      MD..............................        24019               3.00
FREDERICK                                       MD..............................        24021               2.90
GARRETT                                         MD..............................        24023               2.60
HARFORD                                         MD..............................        24025               3.00
HOWARD                                          MD..............................        24027               3.00

[[Page 68]]

 
KENT                                            MD..............................        24029               3.00
MONTGOMERY                                      MD..............................        24031               3.00
PRINCE GEORGE'S                                 MD..............................        24033               3.00
QUEEN ANNE'S                                    MD..............................        24035               3.00
SOMERSET                                        MD..............................        24039               3.00
ST. MARY'S                                      MD..............................        24037               3.00
TALBOT                                          MD..............................        24041               3.00
WASHINGTON                                      MD..............................        24043               2.80
WICOMICO                                        MD..............................        24045               3.00
WORCESTER                                       MD..............................        24047               3.00
ANDROSCOGGIN                                    ME..............................        23001               2.80
AROOSTOOK                                       ME..............................        23003               2.60
CUMBERLAND                                      ME..............................        23005               3.00
FRANKLIN                                        ME..............................        23007               2.60
HANCOCK                                         ME..............................        23009               2.80
KENNEBEC                                        ME..............................        23011               2.80
KNOX                                            ME..............................        23013               2.80
LINCOLN                                         ME..............................        23015               2.80
OXFORD                                          ME..............................        23017               2.80
PENOBSCOT                                       ME..............................        23019               2.80
PISCATAQUIS                                     ME..............................        23021               2.60
SAGADAHOC                                       ME..............................        23023               2.80
SOMERSET                                        ME..............................        23025               2.60
WALDO                                           ME..............................        23027               2.80
WASHINGTON                                      ME..............................        23029               2.80
YORK                                            ME..............................        23031               3.00
ALCONA                                          MI..............................        26001               1.80
ALGER                                           MI..............................        26003               1.80
ALLEGAN                                         MI..............................        26005               1.80
ALPENA                                          MI..............................        26007               1.80
ANTRIM                                          MI..............................        26009               1.80
ARENAC                                          MI..............................        26011               1.80
BARAGA                                          MI..............................        26013               1.70
BARRY                                           MI..............................        26015               1.80
BAY                                             MI..............................        26017               1.80
BENZIE                                          MI..............................        26019               1.80
BERRIEN                                         MI..............................        26021               1.80
BRANCH                                          MI..............................        26023               1.80
CALHOUN                                         MI..............................        26025               1.80
CASS                                            MI..............................        26027               1.80
CHARLEVOIX                                      MI..............................        26029               1.80
CHEBOYGAN                                       MI..............................        26031               1.80
CHIPPEWA                                        MI..............................        26033               1.80
CLARE                                           MI..............................        26035               1.80
CLINTON                                         MI..............................        26037               1.80
CRAWFORD                                        MI..............................        26039               1.80
DELTA                                           MI..............................        26041               1.70
DICKINSON                                       MI..............................        26043               1.70
EATON                                           MI..............................        26045               1.80
EMMET                                           MI..............................        26047               1.80
GENESEE                                         MI..............................        26049               1.80
GLADWIN                                         MI..............................        26051               1.80
GOGEBIC                                         MI..............................        26053               1.70
GRAND TRAVERSE                                  MI..............................        26055               1.80
GRATIOT                                         MI..............................        26057               1.80
HILLSDALE                                       MI..............................        26059               1.80
HOUGHTON                                        MI..............................        26061               1.70
HURON                                           MI..............................        26063               1.80
INGHAM                                          MI..............................        26065               1.80
IONIA                                           MI..............................        26067               1.80
IOSCO                                           MI..............................        26069               1.80
IRON                                            MI..............................        26071               1.70
ISABELLA                                        MI..............................        26073               1.80
JACKSON                                         MI..............................        26075               1.80
KALAMAZOO                                       MI..............................        26077               1.80
KALKASKA                                        MI..............................        26079               1.80
KENT                                            MI..............................        26081               1.80
KEWEENAW                                        MI..............................        26083               1.70
LAKE                                            MI..............................        26085               1.80
LAPEER                                          MI..............................        26087               1.80
LEELANAU                                        MI..............................        26089               1.80
LENAWEE                                         MI..............................        26091               1.80

[[Page 69]]

 
LIVINGSTON                                      MI..............................        26093               1.80
LUCE                                            MI..............................        26095               1.80
MACKINAC                                        MI..............................        26097               1.80
MACOMB                                          MI..............................        26099               1.80
MANISTEE                                        MI..............................        26101               1.80
MARQUETTE                                       MI..............................        26103               1.80
MASON                                           MI..............................        26105               1.80
MECOSTA                                         MI..............................        26107               1.80
MENOMINEE                                       MI..............................        26109               1.70
MIDLAND                                         MI..............................        26111               1.80
MISSAUKEE                                       MI..............................        26113               1.80
MONROE                                          MI..............................        26115               1.80
MONTCALM                                        MI..............................        26117               1.80
MONTMORENCY                                     MI..............................        26119               1.80
MUSKEGON                                        MI..............................        26121               1.80
NEWAYGO                                         MI..............................        26123               1.80
OAKLAND                                         MI..............................        26125               1.80
OCEANA                                          MI..............................        26127               1.80
OGEMAW                                          MI..............................        26129               1.80
ONTONAGON                                       MI..............................        26131               1.70
OSCEOLA                                         MI..............................        26133               1.80
OSCODA                                          MI..............................        26135               1.80
OTSEGO                                          MI..............................        26137               1.80
OTTAWA                                          MI..............................        26139               1.80
PRESQUE ISLE                                    MI..............................        26141               1.80
ROSCOMMON                                       MI..............................        26143               1.80
SAGINAW                                         MI..............................        26145               1.80
SANILAC                                         MI..............................        26151               1.80
SCHOOLCRAFT                                     MI..............................        26153               1.80
SHIAWASSEE                                      MI..............................        26155               1.80
ST. CLAIR                                       MI..............................        26147               1.80
ST. JOSEPH                                      MI..............................        26149               1.80
TUSCOLA                                         MI..............................        26157               1.80
VAN BUREN                                       MI..............................        26159               1.80
WASHTENAW                                       MI..............................        26161               1.80
WAYNE                                           MI..............................        26163               1.80
WEXFORD                                         MI..............................        26165               1.80
AITKIN                                          MN..............................        27001               1.65
ANOKA                                           MN..............................        27003               1.70
BECKER                                          MN..............................        27005               1.65
BELTRAMI                                        MN..............................        27007               1.65
BENTON                                          MN..............................        27009               1.70
BIG STONE                                       MN..............................        27011               1.70
BLUE EARTH                                      MN..............................        27013               1.70
BROWN                                           MN..............................        27015               1.70
CARLTON                                         MN..............................        27017               1.65
CARVER                                          MN..............................        27019               1.70
CASS                                            MN..............................        27021               1.65
CHIPPEWA                                        MN..............................        27023               1.70
CHISAGO                                         MN..............................        27025               1.70
CLAY                                            MN..............................        27027               1.65
CLEARWATER                                      MN..............................        27029               1.65
COOK                                            MN..............................        27031               1.65
COTTONWOOD                                      MN..............................        27033               1.70
CROW WING                                       MN..............................        27035               1.65
DAKOTA                                          MN..............................        27037               1.70
DODGE                                           MN..............................        27039               1.70
DOUGLAS                                         MN..............................        27041               1.70
FARIBAULT                                       MN..............................        27043               1.70
FILLMORE                                        MN..............................        27045               1.70
FREEBORN                                        MN..............................        27047               1.70
GOODHUE                                         MN..............................        27049               1.70
GRANT                                           MN..............................        27051               1.70
HENNEPIN                                        MN..............................        27053               1.70
HOUSTON                                         MN..............................        27055               1.70
HUBBARD                                         MN..............................        27057               1.65
ISANTI                                          MN..............................        27059               1.70
ITASCA                                          MN..............................        27061               1.65
JACKSON                                         MN..............................        27063               1.70
KANABEC                                         MN..............................        27065               1.70
KANDIYOHI                                       MN..............................        27067               1.70
KITTSON                                         MN..............................        27069               1.60

[[Page 70]]

 
KOOCHICHING                                     MN..............................        27071               1.65
LAC QUI PARLE                                   MN..............................        27073               1.70
LAKE                                            MN..............................        27075               1.65
LAKE OF THE WOODS                               MN..............................        27077               1.60
LE SUEUR                                        MN..............................        27079               1.70
LINCOLN                                         MN..............................        27081               1.70
LYON                                            MN..............................        27083               1.70
MAHNOMEN                                        MN..............................        27087               1.65
MARSHALL                                        MN..............................        27089               1.65
MARTIN                                          MN..............................        27091               1.70
MCLEOD                                          MN..............................        27085               1.70
MEEKER                                          MN..............................        27093               1.70
MILLE LACS                                      MN..............................        27095               1.70
MORRISON                                        MN..............................        27097               1.70
MOWER                                           MN..............................        27099               1.70
MURRAY                                          MN..............................        27101               1.70
NICOLLET                                        MN..............................        27103               1.70
NOBLES                                          MN..............................        27105               1.70
NORMAN                                          MN..............................        27107               1.65
OLMSTED                                         MN..............................        27109               1.70
OTTER TAIL                                      MN..............................        27111               1.65
PENNINGTON                                      MN..............................        27113               1.65
PINE                                            MN..............................        27115               1.70
PIPESTONE                                       MN..............................        27117               1.70
POLK                                            MN..............................        27119               1.65
POPE                                            MN..............................        27121               1.70
RAMSEY                                          MN..............................        27123               1.70
RED LAKE                                        MN..............................        27125               1.65
REDWOOD                                         MN..............................        27127               1.70
RENVILLE                                        MN..............................        27129               1.70
RICE                                            MN..............................        27131               1.70
ROCK                                            MN..............................        27133               1.70
ROSEAU                                          MN..............................        27135               1.60
SCOTT                                           MN..............................        27139               1.70
SHERBURNE                                       MN..............................        27141               1.70
SIBLEY                                          MN..............................        27143               1.70
ST. LOUIS                                       MN..............................        27137               1.65
STEARNS                                         MN..............................        27145               1.70
STEELE                                          MN..............................        27147               1.70
STEVENS                                         MN..............................        27149               1.70
SWIFT                                           MN..............................        27151               1.70
TODD                                            MN..............................        27153               1.70
TRAVERSE                                        MN..............................        27155               1.70
WABASHA                                         MN..............................        27157               1.70
WADENA                                          MN..............................        27159               1.65
WASECA                                          MN..............................        27161               1.70
WASHINGTON                                      MN..............................        27163               1.70
WATONWAN                                        MN..............................        27165               1.70
WILKIN                                          MN..............................        27167               1.65
WINONA                                          MN..............................        27169               1.70
WRIGHT                                          MN..............................        27171               1.70
YELLOW MEDICINE                                 MN..............................        27173               1.70
ADAIR                                           MO..............................        29001               1.80
ANDREW                                          MO..............................        29003               1.80
ATCHISON                                        MO..............................        29005               1.80
AUDRAIN                                         MO..............................        29007               2.00
BARRY                                           MO..............................        29009               2.20
BARTON                                          MO..............................        29011               2.20
BATES                                           MO..............................        29013               2.00
BENTON                                          MO..............................        29015               2.00
BOLLINGER                                       MO..............................        29017               2.20
BOONE                                           MO..............................        29019               2.00
BUCHANAN                                        MO..............................        29021               1.80
BUTLER                                          MO..............................        29023               2.20
CALDWELL                                        MO..............................        29025               1.80
CALLAWAY                                        MO..............................        29027               2.00
CAMDEN                                          MO..............................        29029               2.00
CAPE GIRARDEAU                                  MO..............................        29031               2.20
CARROLL                                         MO..............................        29033               1.80
CARTER                                          MO..............................        29035               2.20
CASS                                            MO..............................        29037               2.00
CEDAR                                           MO..............................        29039               2.20

[[Page 71]]

 
CHARITON                                        MO..............................        29041               1.80
CHRISTIAN                                       MO..............................        29043               2.20
CLARK                                           MO..............................        29045               1.80
CLAY                                            MO..............................        29047               1.80
CLINTON                                         MO..............................        29049               1.80
COLE                                            MO..............................        29051               2.00
COOPER                                          MO..............................        29053               2.00
CRAWFORD                                        MO..............................        29055               2.00
DADE                                            MO..............................        29057               2.20
DALLAS                                          MO..............................        29059               2.20
DAVIESS                                         MO..............................        29061               1.80
DE KALB                                         MO..............................        29063               1.80
DENT                                            MO..............................        29065               2.00
DOUGLAS                                         MO..............................        29067               2.20
DUNKLIN                                         MO..............................        29069               2.20
FRANKLIN                                        MO..............................        29071               2.00
GASCONADE                                       MO..............................        29073               2.00
GENTRY                                          MO..............................        29075               1.80
GREENE                                          MO..............................        29077               2.20
GRUNDY                                          MO..............................        29079               1.80
HARRISON                                        MO..............................        29081               1.80
HENRY                                           MO..............................        29083               2.00
HICKORY                                         MO..............................        29085               2.00
HOLT                                            MO..............................        29087               1.80
HOWARD                                          MO..............................        29089               2.00
HOWELL                                          MO..............................        29091               2.20
IRON                                            MO..............................        29093               2.00
JACKSON                                         MO..............................        29095               2.00
JASPER                                          MO..............................        29097               2.20
JEFFERSON                                       MO..............................        29099               2.00
JOHNSON                                         MO..............................        29101               2.00
KNOX                                            MO..............................        29103               1.80
LACLEDE                                         MO..............................        29105               2.20
LAFAYETTE                                       MO..............................        29107               2.00
LAWRENCE                                        MO..............................        29109               2.20
LEWIS                                           MO..............................        29111               1.80
LINCOLN                                         MO..............................        29113               2.00
LINN                                            MO..............................        29115               1.80
LIVINGSTON                                      MO..............................        29117               1.80
MACON                                           MO..............................        29121               1.80
MADISON                                         MO..............................        29123               2.20
MARIES                                          MO..............................        29125               2.00
MARION                                          MO..............................        29127               1.80
MCDONALD                                        MO..............................        29119               2.20
MERCER                                          MO..............................        29129               1.80
MILLER                                          MO..............................        29131               2.00
MISSISSIPPI                                     MO..............................        29133               2.20
MONITEAU                                        MO..............................        29135               2.00
MONROE                                          MO..............................        29137               1.80
MONTGOMERY                                      MO..............................        29139               2.00
MORGAN                                          MO..............................        29141               2.00
NEW MADRID                                      MO..............................        29143               2.20
NEWTON                                          MO..............................        29145               2.20
NODAWAY                                         MO..............................        29147               1.80
OREGON                                          MO..............................        29149               2.20
OSAGE                                           MO..............................        29151               2.00
OZARK                                           MO..............................        29153               2.20
PEMISCOT                                        MO..............................        29155               2.20
PERRY                                           MO..............................        29157               2.20
PETTIS                                          MO..............................        29159               2.00
PHELPS                                          MO..............................        29161               2.00
PIKE                                            MO..............................        29163               2.00
PLATTE                                          MO..............................        29165               1.80
POLK                                            MO..............................        29167               2.20
PULASKI                                         MO..............................        29169               2.20
PUTNAM                                          MO..............................        29171               1.80
RALLS                                           MO..............................        29173               2.00
RANDOLPH                                        MO..............................        29175               1.80
RAY                                             MO..............................        29177               1.80
REYNOLDS                                        MO..............................        29179               2.20
RIPLEY                                          MO..............................        29181               2.20
SALINE                                          MO..............................        29195               2.00

[[Page 72]]

 
SCHUYLER                                        MO..............................        29197               1.80
SCOTLAND                                        MO..............................        29199               1.80
SCOTT                                           MO..............................        29201               2.20
SHANNON                                         MO..............................        29203               2.20
SHELBY                                          MO..............................        29205               1.80
ST. CHARLES                                     MO..............................        29183               2.00
ST. CLAIR                                       MO..............................        29185               2.00
ST. FRANCOIS                                    MO..............................        29187               2.00
ST. LOUIS                                       MO..............................        29189               2.00
ST. LOUIS CITY                                  MO..............................        29510               2.00
STE. GENEVIEVE                                  MO..............................        29186               2.00
STODDARD                                        MO..............................        29207               2.20
STONE                                           MO..............................        29209               2.20
SULLIVAN                                        MO..............................        29211               1.80
TANEY                                           MO..............................        29213               2.20
TEXAS                                           MO..............................        29215               2.20
VERNON                                          MO..............................        29217               2.20
WARREN                                          MO..............................        29219               2.00
WASHINGTON                                      MO..............................        29221               2.00
WAYNE                                           MO..............................        29223               2.20
WEBSTER                                         MO..............................        29225               2.20
WORTH                                           MO..............................        29227               1.80
WRIGHT                                          MO..............................        29229               2.20
ADAMS                                           MS..............................        28001               3.40
ALCORN                                          MS..............................        28003               2.90
AMITE                                           MS..............................        28005               3.40
ATTALA                                          MS..............................        28007               3.10
BENTON                                          MS..............................        28009               2.90
BOLIVAR                                         MS..............................        28011               3.10
CALHOUN                                         MS..............................        28013               3.10
CARROLL                                         MS..............................        28015               3.10
CHICKASAW                                       MS..............................        28017               3.10
CHOCTAW                                         MS..............................        28019               3.10
CLAIBORNE                                       MS..............................        28021               3.30
CLARKE                                          MS..............................        28023               3.30
CLAY                                            MS..............................        28025               3.10
COAHOMA                                         MS..............................        28027               2.90
COPIAH                                          MS..............................        28029               3.30
COVINGTON                                       MS..............................        28031               3.40
DE SOTO                                         MS..............................        28033               2.90
FORREST                                         MS..............................        28035               3.40
FRANKLIN                                        MS..............................        28037               3.40
GEORGE                                          MS..............................        28039               3.40
GREENE                                          MS..............................        28041               3.40
GRENADA                                         MS..............................        28043               3.10
HANCOCK                                         MS..............................        28045               3.50
HARRISON                                        MS..............................        28047               3.50
HINDS                                           MS..............................        28049               3.30
HOLMES                                          MS..............................        28051               3.10
HUMPHREYS                                       MS..............................        28053               3.10
ISSAQUENA                                       MS..............................        28055               3.10
ITAWAMBA                                        MS..............................        28057               2.90
JACKSON                                         MS..............................        28059               3.50
JASPER                                          MS..............................        28061               3.30
JEFFERSON                                       MS..............................        28063               3.40
JEFFERSON DAVIS                                 MS..............................        28065               3.40
JONES                                           MS..............................        28067               3.40
KEMPER                                          MS..............................        28069               3.10
LAFAYETTE                                       MS..............................        28071               2.90
LAMAR                                           MS..............................        28073               3.40
LAUDERDALE                                      MS..............................        28075               3.30
LAWRENCE                                        MS..............................        28077               3.40
LEAKE                                           MS..............................        28079               3.10
LEE                                             MS..............................        28081               2.90
LEFLORE                                         MS..............................        28083               3.10
LINCOLN                                         MS..............................        28085               3.40
LOWNDES                                         MS..............................        28087               3.10
MADISON                                         MS..............................        28089               3.10
MARION                                          MS..............................        28091               3.40
MARSHALL                                        MS..............................        28093               2.90
MONROE                                          MS..............................        28095               3.10
MONTGOMERY                                      MS..............................        28097               3.10

[[Page 73]]

 
NESHOBA                                         MS..............................        28099               3.10
NEWTON                                          MS..............................        28101               3.30
NOXUBEE                                         MS..............................        28103               3.10
OKTIBBEHA                                       MS..............................        28105               3.10
PANOLA                                          MS..............................        28107               2.90
PEARL RIVER                                     MS..............................        28109               3.40
PERRY                                           MS..............................        28111               3.40
PIKE                                            MS..............................        28113               3.40
PONTOTOC                                        MS..............................        28115               2.90
PRENTISS                                        MS..............................        28117               2.90
QUITMAN                                         MS..............................        28119               2.90
RANKIN                                          MS..............................        28121               3.30
SCOTT                                           MS..............................        28123               3.30
SHARKEY                                         MS..............................        28125               3.10
SIMPSON                                         MS..............................        28127               3.30
SMITH                                           MS..............................        28129               3.30
STONE                                           MS..............................        28131               3.40
SUNFLOWER                                       MS..............................        28133               3.10
TALLAHATCHIE                                    MS..............................        28135               3.10
TATE                                            MS..............................        28137               2.90
TIPPAH                                          MS..............................        28139               2.90
TISHOMINGO                                      MS..............................        28141               2.90
TUNICA                                          MS..............................        28143               2.90
UNION                                           MS..............................        28145               2.90
WALTHALL                                        MS..............................        28147               3.40
WARREN                                          MS..............................        28149               3.30
WASHINGTON                                      MS..............................        28151               3.10
WAYNE                                           MS..............................        28153               3.40
WEBSTER                                         MS..............................        28155               3.10
WILKINSON                                       MS..............................        28157               3.40
WINSTON                                         MS..............................        28159               3.10
YALOBUSHA                                       MS..............................        28161               3.10
YAZOO                                           MS..............................        28163               3.10
BEAVERHEAD                                      MT..............................        30001               1.60
BIG HORN                                        MT..............................        30003               1.60
BLAINE                                          MT..............................        30005               1.60
BROADWATER                                      MT..............................        30007               1.60
CARBON                                          MT..............................        30009               1.60
CARTER                                          MT..............................        30011               1.65
CASCADE                                         MT..............................        30013               1.60
CHOUTEAU                                        MT..............................        30015               1.60
CUSTER                                          MT..............................        30017               1.60
DANIELS                                         MT..............................        30019               1.60
DAWSON                                          MT..............................        30021               1.60
DEER LODGE                                      MT..............................        30023               1.60
FALLON                                          MT..............................        30025               1.65
FERGUS                                          MT..............................        30027               1.60
FLATHEAD                                        MT..............................        30029               1.60
GALLATIN                                        MT..............................        30031               1.60
GARFIELD                                        MT..............................        30033               1.60
GLACIER                                         MT..............................        30035               1.60
GOLDEN VALLEY                                   MT..............................        30037               1.60
GRANITE                                         MT..............................        30039               1.60
HILL                                            MT..............................        30041               1.60
JEFFERSON                                       MT..............................        30043               1.60
JUDITH BASIN                                    MT..............................        30045               1.60
LAKE                                            MT..............................        30047               1.60
LEWIS AND CLARK                                 MT..............................        30049               1.60
LIBERTY                                         MT..............................        30051               1.60
LINCOLN                                         MT..............................        30053               1.80
MADISON                                         MT..............................        30057               1.60
MCCONE                                          MT..............................        30055               1.60
MEAGHER                                         MT..............................        30059               1.60
MINERAL                                         MT..............................        30061               1.80
MISSOULA                                        MT..............................        30063               1.60
MUSSELSHELL                                     MT..............................        30065               1.60
PARK                                            MT..............................        30067               1.60
PETROLEUM                                       MT..............................        30069               1.60
PHILLIPS                                        MT..............................        30071               1.60
PONDERA                                         MT..............................        30073               1.60
POWDER RIVER                                    MT..............................        30075               1.60
POWELL                                          MT..............................        30077               1.60

[[Page 74]]

 
PRAIRIE                                         MT..............................        30079               1.60
RAVALLI                                         MT..............................        30081               1.60
RICHLAND                                        MT..............................        30083               1.60
ROOSEVELT                                       MT..............................        30085               1.60
ROSEBUD                                         MT..............................        30087               1.60
SANDERS                                         MT..............................        30089               1.80
SHERIDAN                                        MT..............................        30091               1.60
SILVER BOW                                      MT..............................        30093               1.60
STILLWATER                                      MT..............................        30095               1.60
SWEET GRASS                                     MT..............................        30097               1.60
TETON                                           MT..............................        30099               1.60
TOOLE                                           MT..............................        30101               1.60
TREASURE                                        MT..............................        30103               1.60
VALLEY                                          MT..............................        30105               1.60
WHEATLAND                                       MT..............................        30107               1.60
WIBAUX                                          MT..............................        30109               1.60
YELLOWSTONE                                     MT..............................        30111               1.60
YELLOWSTONE NAT. PARK                           MT..............................        30113               1.60
ALAMANCE                                        NC..............................        37001               3.10
ALEXANDER                                       NC..............................        37003               2.95
ALLEGHANY                                       NC..............................        37005               2.95
ANSON                                           NC..............................        37007               3.10
ASHE                                            NC..............................        37009               2.95
AVERY                                           NC..............................        37011               2.95
BEAUFORT                                        NC..............................        37013               3.20
BERTIE                                          NC..............................        37015               3.20
BLADEN                                          NC..............................        37017               3.30
BRUNSWICK                                       NC..............................        37019               3.30
BUNCOMBE                                        NC..............................        37021               2.95
BURKE                                           NC..............................        37023               2.95
CABARRUS                                        NC..............................        37025               3.10
CALDWELL                                        NC..............................        37027               2.95
CAMDEN                                          NC..............................        37029               3.20
CARTERET                                        NC..............................        37031               3.20
CASWELL                                         NC..............................        37033               3.10
CATAWBA                                         NC..............................        37035               3.10
CHATHAM                                         NC..............................        37037               3.10
CHEROKEE                                        NC..............................        37039               2.95
CHOWAN                                          NC..............................        37041               3.20
CLAY                                            NC..............................        37043               2.95
CLEVELAND                                       NC..............................        37045               3.10
COLUMBUS                                        NC..............................        37047               3.30
CRAVEN                                          NC..............................        37049               3.20
CUMBERLAND                                      NC..............................        37051               3.30
CURRITUCK                                       NC..............................        37053               3.20
DARE                                            NC..............................        37055               3.20
DAVIDSON                                        NC..............................        37057               3.10
DAVIE                                           NC..............................        37059               3.10
DUPLIN                                          NC..............................        37061               3.30
DURHAM                                          NC..............................        37063               3.10
EDGECOMBE                                       NC..............................        37065               3.20
FORSYTH                                         NC..............................        37067               3.10
FRANKLIN                                        NC..............................        37069               3.10
GASTON                                          NC..............................        37071               3.10
GATES                                           NC..............................        37073               3.20
GRAHAM                                          NC..............................        37075               2.95
GRANVILLE                                       NC..............................        37077               3.10
GREENE                                          NC..............................        37079               3.20
GUILFORD                                        NC..............................        37081               3.10
HALIFAX                                         NC..............................        37083               3.10
HARNETT                                         NC..............................        37085               3.30
HAYWOOD                                         NC..............................        37087               2.95
HENDERSON                                       NC..............................        37089               2.95
HERTFORD                                        NC..............................        37091               3.20
HOKE                                            NC..............................        37093               3.30
HYDE                                            NC..............................        37095               3.20
IREDELL                                         NC..............................        37097               3.10
JACKSON                                         NC..............................        37099               2.95
JOHNSTON                                        NC..............................        37101               3.20
JONES                                           NC..............................        37103               3.20
LEE                                             NC..............................        37105               3.10
LENOIR                                          NC..............................        37107               3.20

[[Page 75]]

 
LINCOLN                                         NC..............................        37109               3.10
MACON                                           NC..............................        37113               2.95
MADISON                                         NC..............................        37115               2.95
MARTIN                                          NC..............................        37117               3.20
MCDOWELL                                        NC..............................        37111               2.95
MECKLENBURG                                     NC..............................        37119               3.10
MITCHELL                                        NC..............................        37121               2.95
MONTGOMERY                                      NC..............................        37123               3.10
MOORE                                           NC..............................        37125               3.10
NASH                                            NC..............................        37127               3.10
NEW HANOVER                                     NC..............................        37129               3.30
NORTHAMPTON                                     NC..............................        37131               3.10
ONSLOW                                          NC..............................        37133               3.30
ORANGE                                          NC..............................        37135               3.10
PAMLICO                                         NC..............................        37137               3.20
PASQUOTANK                                      NC..............................        37139               3.20
PENDER                                          NC..............................        37141               3.30
PERQUIMANS                                      NC..............................        37143               3.20
PERSON                                          NC..............................        37145               3.10
PITT                                            NC..............................        37147               3.20
POLK                                            NC..............................        37149               3.10
RANDOLPH                                        NC..............................        37151               3.10
RICHMOND                                        NC..............................        37153               3.10
ROBESON                                         NC..............................        37155               3.30
ROCKINGHAM                                      NC..............................        37157               2.95
ROWAN                                           NC..............................        37159               3.10
RUTHERFORD                                      NC..............................        37161               3.10
SAMPSON                                         NC..............................        37163               3.30
SCOTLAND                                        NC..............................        37165               3.30
STANLY                                          NC..............................        37167               3.10
STOKES                                          NC..............................        37169               2.95
SURRY                                           NC..............................        37171               2.95
SWAIN                                           NC..............................        37173               2.95
TRANSYLVANIA                                    NC..............................        37175               2.95
TYRRELL                                         NC..............................        37177               3.20
UNION                                           NC..............................        37179               3.10
VANCE                                           NC..............................        37181               3.10
WAKE                                            NC..............................        37183               3.10
WARREN                                          NC..............................        37185               3.10
WASHINGTON                                      NC..............................        37187               3.20
WATAUGA                                         NC..............................        37189               2.95
WAYNE                                           NC..............................        37191               3.20
WILKES                                          NC..............................        37193               2.95
WILSON                                          NC..............................        37195               3.20
YADKIN                                          NC..............................        37197               3.10
YANCEY                                          NC..............................        37199               2.95
ADAMS                                           ND..............................        38001               1.65
BARNES                                          ND..............................        38003               1.65
BENSON                                          ND..............................        38005               1.60
BILLINGS                                        ND..............................        38007               1.60
BOTTINEAU                                       ND..............................        38009               1.60
BOWMAN                                          ND..............................        38011               1.65
BURKE                                           ND..............................        38013               1.60
BURLEIGH                                        ND..............................        38015               1.65
CASS                                            ND..............................        38017               1.65
CAVALIER                                        ND..............................        38019               1.60
DICKEY                                          ND..............................        38021               1.65
DIVIDE                                          ND..............................        38023               1.60
DUNN                                            ND..............................        38025               1.60
EDDY                                            ND..............................        38027               1.65
EMMONS                                          ND..............................        38029               1.65
FOSTER                                          ND..............................        38031               1.65
GOLDEN VALLEY                                   ND..............................        38033               1.60
GRAND FORKS                                     ND..............................        38035               1.65
GRANT                                           ND..............................        38037               1.65
GRIGGS                                          ND..............................        38039               1.65
HETTINGER                                       ND..............................        38041               1.65
KIDDER                                          ND..............................        38043               1.65
LA MOURE                                        ND..............................        38045               1.65
LOGAN                                           ND..............................        38047               1.65
MCHENRY                                         ND..............................        38049               1.60
MCINTOSH                                        ND..............................        38051               1.65

[[Page 76]]

 
MCKENZIE                                        ND..............................        38053               1.60
MCLEAN                                          ND..............................        38055               1.60
MERCER                                          ND..............................        38057               1.60
MORTON                                          ND..............................        38059               1.65
MOUNTRAIL                                       ND..............................        38061               1.60
NELSON                                          ND..............................        38063               1.65
OLIVER                                          ND..............................        38065               1.60
PEMBINA                                         ND..............................        38067               1.60
PIERCE                                          ND..............................        38069               1.60
RAMSEY                                          ND..............................        38071               1.60
RANSOM                                          ND..............................        38073               1.65
RENVILLE                                        ND..............................        38075               1.60
RICHLAND                                        ND..............................        38077               1.65
ROLETTE                                         ND..............................        38079               1.60
SARGENT                                         ND..............................        38081               1.65
SHERIDAN                                        ND..............................        38083               1.60
SIOUX                                           ND..............................        38085               1.65
SLOPE                                           ND..............................        38087               1.65
STARK                                           ND..............................        38089               1.60
STEELE                                          ND..............................        38091               1.65
STUTSMAN                                        ND..............................        38093               1.65
TOWNER                                          ND..............................        38095               1.60
TRAILL                                          ND..............................        38097               1.65
WALSH                                           ND..............................        38099               1.60
WARD                                            ND..............................        38101               1.60
WELLS                                           ND..............................        38103               1.65
WILLIAMS                                        ND..............................        38105               1.60
ADAMS                                           NE..............................        31001               1.80
ANTELOPE                                        NE..............................        31003               1.75
ARTHUR                                          NE..............................        31005               1.80
BANNER                                          NE..............................        31007               1.80
BLAINE                                          NE..............................        31009               1.75
BOONE                                           NE..............................        31011               1.80
BOX BUTTE                                       NE..............................        31013               1.80
BOYD                                            NE..............................        31015               1.75
BROWN                                           NE..............................        31017               1.75
BUFFALO                                         NE..............................        31019               1.80
BURT                                            NE..............................        31021               1.80
BUTLER                                          NE..............................        31023               1.80
CASS                                            NE..............................        31025               1.85
CEDAR                                           NE..............................        31027               1.75
CHASE                                           NE..............................        31029               1.80
CHERRY                                          NE..............................        31031               1.75
CHEYENNE                                        NE..............................        31033               1.80
CLAY                                            NE..............................        31035               1.80
COLFAX                                          NE..............................        31037               1.80
CUMING                                          NE..............................        31039               1.80
CUSTER                                          NE..............................        31041               1.80
DAKOTA                                          NE..............................        31043               1.75
DAWES                                           NE..............................        31045               1.80
DAWSON                                          NE..............................        31047               1.80
DEUEL                                           NE..............................        31049               1.80
DIXON                                           NE..............................        31051               1.75
DODGE                                           NE..............................        31053               1.80
DOUGLAS                                         NE..............................        31055               1.85
DUNDY                                           NE..............................        31057               1.80
FILLMORE                                        NE..............................        31059               1.80
FRANKLIN                                        NE..............................        31061               1.80
FRONTIER                                        NE..............................        31063               1.80
FURNAS                                          NE..............................        31065               1.80
GAGE                                            NE..............................        31067               1.85
GARDEN                                          NE..............................        31069               1.80
GARFIELD                                        NE..............................        31071               1.75
GOSPER                                          NE..............................        31073               1.80
GRANT                                           NE..............................        31075               1.75
GREELEY                                         NE..............................        31077               1.80
HALL                                            NE..............................        31079               1.80
HAMILTON                                        NE..............................        31081               1.80
HARLAN                                          NE..............................        31083               1.80
HAYES                                           NE..............................        31085               1.80
HITCHCOCK                                       NE..............................        31087               1.80
HOLT                                            NE..............................        31089               1.75

[[Page 77]]

 
HOOKER                                          NE..............................        31091               1.75
HOWARD                                          NE..............................        31093               1.80
JEFFERSON                                       NE..............................        31095               1.80
JOHNSON                                         NE..............................        31097               1.85
KEARNEY                                         NE..............................        31099               1.80
KEITH                                           NE..............................        31101               1.80
KEYA PAHA                                       NE..............................        31103               1.75
KIMBALL                                         NE..............................        31105               1.80
KNOX                                            NE..............................        31107               1.75
LANCASTER                                       NE..............................        31109               1.85
LINCOLN                                         NE..............................        31111               1.80
LOGAN                                           NE..............................        31113               1.80
LOUP                                            NE..............................        31115               1.75
MADISON                                         NE..............................        31119               1.80
MCPHERSON                                       NE..............................        31117               1.80
MERRICK                                         NE..............................        31121               1.80
MORRILL                                         NE..............................        31123               1.80
NANCE                                           NE..............................        31125               1.80
NEMAHA                                          NE..............................        31127               1.85
NUCKOLLS                                        NE..............................        31129               1.80
OTOE                                            NE..............................        31131               1.85
PAWNEE                                          NE..............................        31133               1.85
PERKINS                                         NE..............................        31135               1.80
PHELPS                                          NE..............................        31137               1.80
PIERCE                                          NE..............................        31139               1.75
PLATTE                                          NE..............................        31141               1.80
POLK                                            NE..............................        31143               1.80
RED WILLOW                                      NE..............................        31145               1.80
RICHARDSON                                      NE..............................        31147               1.85
ROCK                                            NE..............................        31149               1.75
SALINE                                          NE..............................        31151               1.80
SARPY                                           NE..............................        31153               1.85
SAUNDERS                                        NE..............................        31155               1.85
SCOTTS BLUFF                                    NE..............................        31157               1.80
SEWARD                                          NE..............................        31159               1.80
SHERIDAN                                        NE..............................        31161               1.80
SHERMAN                                         NE..............................        31163               1.80
SIOUX                                           NE..............................        31165               1.80
STANTON                                         NE..............................        31167               1.80
THAYER                                          NE..............................        31169               1.80
THOMAS                                          NE..............................        31171               1.75
THURSTON                                        NE..............................        31173               1.75
VALLEY                                          NE..............................        31175               1.80
WASHINGTON                                      NE..............................        31177               1.85
WAYNE                                           NE..............................        31179               1.75
WEBSTER                                         NE..............................        31181               1.80
WHEELER                                         NE..............................        31183               1.75
YORK                                            NE..............................        31185               1.80
BELKNAP                                         NH..............................        33001               2.80
CARROLL                                         NH..............................        33003               2.80
CHESHIRE                                        NH..............................        33005               2.80
COOS                                            NH..............................        33007               2.60
GRAFTON                                         NH..............................        33009               2.60
HILLSBOROUGH                                    NH..............................        33011               3.00
MERRIMACK                                       NH..............................        33013               3.00
ROCKINGHAM                                      NH..............................        33015               3.00
STRAFFORD                                       NH..............................        33017               3.00
SULLIVAN                                        NH..............................        33019               2.80
ATLANTIC                                        NJ..............................        34001               3.05
BERGEN                                          NJ..............................        34003               3.15
BURLINGTON                                      NJ..............................        34005               3.05
CAMDEN                                          NJ..............................        34007               3.05
CAPE MAY                                        NJ..............................        34009               3.05
CUMBERLAND                                      NJ..............................        34011               3.05
ESSEX                                           NJ..............................        34013               3.15
GLOUCESTER                                      NJ..............................        34015               3.05
HUDSON                                          NJ..............................        34017               3.15
HUNTERDON                                       NJ..............................        34019               3.10
MERCER                                          NJ..............................        34021               3.10
MIDDLESEX                                       NJ..............................        34023               3.10
MONMOUTH                                        NJ..............................        34025               3.10
MORRIS                                          NJ..............................        34027               3.10

[[Page 78]]

 
OCEAN                                           NJ..............................        34029               3.10
PASSAIC                                         NJ..............................        34031               3.15
SALEM                                           NJ..............................        34033               3.05
SOMERSET                                        NJ..............................        34035               3.10
SUSSEX                                          NJ..............................        34037               3.10
UNION                                           NJ..............................        34039               3.15
WARREN                                          NJ..............................        34041               3.10
BERNALILLO                                      NM..............................        35001               2.35
CATRON                                          NM..............................        35003               2.10
CHAVES                                          NM..............................        35005               2.10
CIBOLA                                          NM..............................        35006               1.90
COLFAX                                          NM..............................        35007               2.35
CURRY                                           NM..............................        35009               2.10
DE BACA                                         NM..............................        35011               2.10
DONA ANA                                        NM..............................        35013               2.10
EDDY                                            NM..............................        35015               2.10
GRANT                                           NM..............................        35017               2.10
GUADALUPE                                       NM..............................        35019               2.35
HARDING                                         NM..............................        35021               2.35
HIDALGO                                         NM..............................        35023               2.10
LEA                                             NM..............................        35025               2.10
LINCOLN                                         NM..............................        35027               2.10
LOS ALAMOS                                      NM..............................        35028               2.35
LUNA                                            NM..............................        35029               2.10
MCKINLEY                                        NM..............................        35031               1.90
MORA                                            NM..............................        35033               2.35
OTERO                                           NM..............................        35035               2.10
QUAY                                            NM..............................        35037               2.35
RIO ARRIBA                                      NM..............................        35039               1.90
ROOSEVELT                                       NM..............................        35041               2.10
SAN JUAN                                        NM..............................        35045               1.90
SAN MIGUEL                                      NM..............................        35047               2.35
SANDOVAL                                        NM..............................        35043               2.35
SANTA FE                                        NM..............................        35049               2.35
SIERRA                                          NM..............................        35051               2.10
SOCORRO                                         NM..............................        35053               2.10
TAOS                                            NM..............................        35055               1.90
TORRANCE                                        NM..............................        35057               2.35
UNION                                           NM..............................        35059               2.35
VALENCIA                                        NM..............................        35061               2.35
CARSON CITY                                     NV..............................        32510               1.70
CHURCHILL                                       NV..............................        32001               1.70
CLARK                                           NV..............................        32003               2.00
DOUGLAS                                         NV..............................        32005               1.70
ELKO                                            NV..............................        32007               1.90
ESMERALDA                                       NV..............................        32009               1.60
EUREKA                                          NV..............................        32011               1.70
HUMBOLDT                                        NV..............................        32013               1.70
LANDER                                          NV..............................        32015               1.70
LINCOLN                                         NV..............................        32017               1.60
LYON                                            NV..............................        32019               1.70
MINERAL                                         NV..............................        32021               1.60
NYE                                             NV..............................        32023               1.60
PERSHING                                        NV..............................        32027               1.70
STOREY                                          NV..............................        32029               1.70
WASHOE                                          NV..............................        32031               1.70
WHITE PINE                                      NV..............................        32033               1.90
ALBANY                                          NY..............................        36001               2.70
ALLEGANY                                        NY..............................        36003               2.30
BRONX                                           NY..............................        36005               3.15
BROOME                                          NY..............................        36007               2.70
CATTARAUGUS                                     NY..............................        36009               2.10
CAYUGA                                          NY..............................        36011               2.30
CHAUTAUQUA                                      NY..............................        36013               2.10
CHEMUNG                                         NY..............................        36015               2.50
CHENANGO                                        NY..............................        36017               2.50
CLINTON                                         NY..............................        36019               2.30
COLUMBIA                                        NY..............................        36021               2.70
CORTLAND                                        NY..............................        36023               2.50
DELAWARE                                        NY..............................        36025               2.70
DUTCHESS                                        NY..............................        36027               2.80
ERIE                                            NY..............................        36029               2.20

[[Page 79]]

 
ESSEX                                           NY..............................        36031               2.30
FRANKLIN                                        NY..............................        36033               2.30
FULTON                                          NY..............................        36035               2.50
GENESEE                                         NY..............................        36037               2.20
GREENE                                          NY..............................        36039               2.70
HAMILTON                                        NY..............................        36041               2.50
HERKIMER                                        NY..............................        36043               2.50
JEFFERSON                                       NY..............................        36045               2.30
KINGS                                           NY..............................        36047               3.15
LEWIS                                           NY..............................        36049               2.30
LIVINGSTON                                      NY..............................        36051               2.30
MADISON                                         NY..............................        36053               2.50
MONROE                                          NY..............................        36055               2.30
MONTGOMERY                                      NY..............................        36057               2.70
NASSAU                                          NY..............................        36059               3.15
NEW YORK                                        NY..............................        36061               3.15
NIAGARA                                         NY..............................        36063               2.20
ONEIDA                                          NY..............................        36065               2.50
ONONDAGA                                        NY..............................        36067               2.50
ONTARIO                                         NY..............................        36069               2.30
ORANGE                                          NY..............................        36071               3.00
ORLEANS                                         NY..............................        36073               2.20
OSWEGO                                          NY..............................        36075               2.30
OTSEGO                                          NY..............................        36077               2.50
PUTNAM                                          NY..............................        36079               3.00
QUEENS                                          NY..............................        36081               3.15
RENSSELAER                                      NY..............................        36083               2.70
RICHMOND                                        NY..............................        36085               3.15
ROCKLAND                                        NY..............................        36087               3.15
SARATOGA                                        NY..............................        36091               2.70
SCHENECTADY                                     NY..............................        36093               2.70
SCHOHARIE                                       NY..............................        36095               2.70
SCHUYLER                                        NY..............................        36097               2.30
SENECA                                          NY..............................        36099               2.30
ST. LAWRENCE                                    NY..............................        36089               2.30
STEUBEN                                         NY..............................        36101               2.30
SUFFOLK                                         NY..............................        36103               3.15
SULLIVAN                                        NY..............................        36105               2.80
TIOGA                                           NY..............................        36107               2.50
TOMPKINS                                        NY..............................        36109               2.50
ULSTER                                          NY..............................        36111               2.80
WARREN                                          NY..............................        36113               2.50
WASHINGTON                                      NY..............................        36115               2.60
WAYNE                                           NY..............................        36117               2.30
WESTCHESTER                                     NY..............................        36119               3.15
WYOMING                                         NY..............................        36121               2.20
YATES                                           NY..............................        36123               2.30
ADAMS                                           OH..............................        39001               2.20
ALLEN                                           OH..............................        39003               2.00
ASHLAND                                         OH..............................        39005               2.00
ASHTABULA                                       OH..............................        39007               2.00
ATHENS                                          OH..............................        39009               2.00
AUGLAIZE                                        OH..............................        39011               2.00
BELMONT                                         OH..............................        39013               2.00
BROWN                                           OH..............................        39015               2.20
BUTLER                                          OH..............................        39017               2.00
CARROLL                                         OH..............................        39019               2.00
CHAMPAIGN                                       OH..............................        39021               2.00
CLARK                                           OH..............................        39023               2.00
CLERMONT                                        OH..............................        39025               2.20
CLINTON                                         OH..............................        39027               2.00
COLUMBIANA                                      OH..............................        39029               2.00
COSHOCTON                                       OH..............................        39031               2.00
CRAWFORD                                        OH..............................        39033               2.00
CUYAHOGA                                        OH..............................        39035               2.00
DARKE                                           OH..............................        39037               2.00
DEFIANCE                                        OH..............................        39039               1.80
DELAWARE                                        OH..............................        39041               2.00
ERIE                                            OH..............................        39043               2.00
FAIRFIELD                                       OH..............................        39045               2.00
FAYETTE                                         OH..............................        39047               2.00
FRANKLIN                                        OH..............................        39049               2.00

[[Page 80]]

 
FULTON                                          OH..............................        39051               1.80
GALLIA                                          OH..............................        39053               2.20
GEAUGA                                          OH..............................        39055               2.00
GREENE                                          OH..............................        39057               2.00
GUERNSEY                                        OH..............................        39059               2.00
HAMILTON                                        OH..............................        39061               2.20
HANCOCK                                         OH..............................        39063               2.00
HARDIN                                          OH..............................        39065               2.00
HARRISON                                        OH..............................        39067               2.00
HENRY                                           OH..............................        39069               1.80
HIGHLAND                                        OH..............................        39071               2.20
HOCKING                                         OH..............................        39073               2.00
HOLMES                                          OH..............................        39075               2.00
HURON                                           OH..............................        39077               2.00
JACKSON                                         OH..............................        39079               2.20
JEFFERSON                                       OH..............................        39081               2.00
KNOX                                            OH..............................        39083               2.00
LAKE                                            OH..............................        39085               2.00
LAWRENCE                                        OH..............................        39087               2.20
LICKING                                         OH..............................        39089               2.00
LOGAN                                           OH..............................        39091               2.00
LORAIN                                          OH..............................        39093               2.00
LUCAS                                           OH..............................        39095               1.80
MADISON                                         OH..............................        39097               2.00
MAHONING                                        OH..............................        39099               2.00
MARION                                          OH..............................        39101               2.00
MEDINA                                          OH..............................        39103               2.00
MEIGS                                           OH..............................        39105               2.00
MERCER                                          OH..............................        39107               2.00
MIAMI                                           OH..............................        39109               2.00
MONROE                                          OH..............................        39111               2.00
MONTGOMERY                                      OH..............................        39113               2.00
MORGAN                                          OH..............................        39115               2.00
MORROW                                          OH..............................        39117               2.00
MUSKINGUM                                       OH..............................        39119               2.00
NOBLE                                           OH..............................        39121               2.00
OTTAWA                                          OH..............................        39123               2.00
PAULDING                                        OH..............................        39125               1.80
PERRY                                           OH..............................        39127               2.00
PICKAWAY                                        OH..............................        39129               2.00
PIKE                                            OH..............................        39131               2.20
PORTAGE                                         OH..............................        39133               2.00
PREBLE                                          OH..............................        39135               2.00
PUTNAM                                          OH..............................        39137               1.80
RICHLAND                                        OH..............................        39139               2.00
ROSS                                            OH..............................        39141               2.00
SANDUSKY                                        OH..............................        39143               2.00
SCIOTO                                          OH..............................        39145               2.20
SENECA                                          OH..............................        39147               2.00
SHELBY                                          OH..............................        39149               2.00
STARK                                           OH..............................        39151               2.00
SUMMIT                                          OH..............................        39153               2.00
TRUMBULL                                        OH..............................        39155               2.00
TUSCARAWAS                                      OH..............................        39157               2.00
UNION                                           OH..............................        39159               2.00
VAN WERT                                        OH..............................        39161               1.80
VINTON                                          OH..............................        39163               2.00
WARREN                                          OH..............................        39165               2.00
WASHINGTON                                      OH..............................        39167               2.00
WAYNE                                           OH..............................        39169               2.00
WILLIAMS                                        OH..............................        39171               1.80
WOOD                                            OH..............................        39173               2.00
WYANDOT                                         OH..............................        39175               2.00
ADAIR                                           OK..............................        40001               2.60
ALFALFA                                         OK..............................        40003               2.40
ATOKA                                           OK..............................        40005               2.80
BEAVER                                          OK..............................        40007               2.40
BECKHAM                                         OK..............................        40009               2.40
BLAINE                                          OK..............................        40011               2.40
BRYAN                                           OK..............................        40013               2.80
CADDO                                           OK..............................        40015               2.60
CANADIAN                                        OK..............................        40017               2.60

[[Page 81]]

 
CARTER                                          OK..............................        40019               2.80
CHEROKEE                                        OK..............................        40021               2.60
CHOCTAW                                         OK..............................        40023               2.80
CIMARRON                                        OK..............................        40025               2.40
CLEVELAND                                       OK..............................        40027               2.60
COAL                                            OK..............................        40029               2.80
COMANCHE                                        OK..............................        40031               2.60
COTTON                                          OK..............................        40033               2.80
CRAIG                                           OK..............................        40035               2.40
CREEK                                           OK..............................        40037               2.60
CUSTER                                          OK..............................        40039               2.40
DELAWARE                                        OK..............................        40041               2.40
DEWEY                                           OK..............................        40043               2.40
ELLIS                                           OK..............................        40045               2.40
GARFIELD                                        OK..............................        40047               2.40
GARVIN                                          OK..............................        40049               2.60
GRADY                                           OK..............................        40051               2.60
GRANT                                           OK..............................        40053               2.40
GREER                                           OK..............................        40055               2.60
HARMON                                          OK..............................        40057               2.60
HARPER                                          OK..............................        40059               2.40
HASKELL                                         OK..............................        40061               2.80
HUGHES                                          OK..............................        40063               2.60
JACKSON                                         OK..............................        40065               2.60
JEFFERSON                                       OK..............................        40067               2.80
JOHNSTON                                        OK..............................        40069               2.80
KAY                                             OK..............................        40071               2.40
KINGFISHER                                      OK..............................        40073               2.40
KIOWA                                           OK..............................        40075               2.60
LATIMER                                         OK..............................        40077               2.80
LE FLORE                                        OK..............................        40079               2.80
LINCOLN                                         OK..............................        40081               2.60
LOGAN                                           OK..............................        40083               2.40
LOVE                                            OK..............................        40085               2.80
MAJOR                                           OK..............................        40093               2.40
MARSHALL                                        OK..............................        40095               2.80
MAYES                                           OK..............................        40097               2.40
MCCLAIN                                         OK..............................        40087               2.60
MCCURTAIN                                       OK..............................        40089               2.80
MCINTOSH                                        OK..............................        40091               2.60
MURRAY                                          OK..............................        40099               2.80
MUSKOGEE                                        OK..............................        40101               2.60
NOBLE                                           OK..............................        40103               2.40
NOWATA                                          OK..............................        40105               2.40
OKFUSKEE                                        OK..............................        40107               2.60
OKLAHOMA                                        OK..............................        40109               2.60
OKMULGEE                                        OK..............................        40111               2.60
OSAGE                                           OK..............................        40113               2.40
OTTAWA                                          OK..............................        40115               2.40
PAWNEE                                          OK..............................        40117               2.40
PAYNE                                           OK..............................        40119               2.40
PITTSBURG                                       OK..............................        40121               2.80
PONTOTOC                                        OK..............................        40123               2.80
POTTAWATOMIE                                    OK..............................        40125               2.60
PUSHMATAHA                                      OK..............................        40127               2.80
ROGER MILLS                                     OK..............................        40129               2.40
ROGERS                                          OK..............................        40131               2.40
SEMINOLE                                        OK..............................        40133               2.60
SEQUOYAH                                        OK..............................        40135               2.80
STEPHENS                                        OK..............................        40137               2.80
TEXAS                                           OK..............................        40139               2.40
TILLMAN                                         OK..............................        40141               2.60
TULSA                                           OK..............................        40143               2.60
WAGONER                                         OK..............................        40145               2.60
WASHINGTON                                      OK..............................        40147               2.40
WASHITA                                         OK..............................        40149               2.40
WOODS                                           OK..............................        40151               2.40
WOODWARD                                        OK..............................        40153               2.40
BAKER                                           OR..............................        41001               1.60
BENTON                                          OR..............................        41003               1.90
CLACKAMAS                                       OR..............................        41005               1.90
CLATSOP                                         OR..............................        41007               1.90

[[Page 82]]

 
COLUMBIA                                        OR..............................        41009               1.90
COOS                                            OR..............................        41011               1.90
CROOK                                           OR..............................        41013               1.75
CURRY                                           OR..............................        41015               1.90
DESCHUTES                                       OR..............................        41017               1.75
DOUGLAS                                         OR..............................        41019               1.90
GILLIAM                                         OR..............................        41021               1.75
GRANT                                           OR..............................        41023               1.60
HARNEY                                          OR..............................        41025               1.60
HOOD RIVER                                      OR..............................        41027               1.90
JACKSON                                         OR..............................        41029               1.90
JEFFERSON                                       OR..............................        41031               1.75
JOSEPHINE                                       OR..............................        41033               1.90
KLAMATH                                         OR..............................        41035               1.75
LAKE                                            OR..............................        41037               1.75
LANE                                            OR..............................        41039               1.90
LINCOLN                                         OR..............................        41041               1.90
LINN                                            OR..............................        41043               1.90
MALHEUR                                         OR..............................        41045               1.60
MARION                                          OR..............................        41047               1.90
MORROW                                          OR..............................        41049               1.75
MULTNOMAH                                       OR..............................        41051               1.90
POLK                                            OR..............................        41053               1.90
SHERMAN                                         OR..............................        41055               1.75
TILLAMOOK                                       OR..............................        41057               1.90
UMATILLA                                        OR..............................        41059               1.75
UNION                                           OR..............................        41061               1.60
WALLOWA                                         OR..............................        41063               1.60
WASCO                                           OR..............................        41065               1.75
WASHINGTON                                      OR..............................        41067               1.90
WHEELER                                         OR..............................        41069               1.75
YAMHILL                                         OR..............................        41071               1.90
ADAMS                                           PA..............................        42001               2.80
ALLEGHENY                                       PA..............................        42003               2.10
ARMSTRONG                                       PA..............................        42005               2.30
BEAVER                                          PA..............................        42007               2.10
BEDFORD                                         PA..............................        42009               2.30
BERKS                                           PA..............................        42011               2.80
BLAIR                                           PA..............................        42013               2.30
BRADFORD                                        PA..............................        42015               2.50
BUCKS                                           PA..............................        42017               3.05
BUTLER                                          PA..............................        42019               2.10
CAMBRIA                                         PA..............................        42021               2.30
CAMERON                                         PA..............................        42023               2.30
CARBON                                          PA..............................        42025               2.80
CENTRE                                          PA..............................        42027               2.50
CHESTER                                         PA..............................        42029               3.05
CLARION                                         PA..............................        42031               2.30
CLEARFIELD                                      PA..............................        42033               2.30
CLINTON                                         PA..............................        42035               2.50
COLUMBIA                                        PA..............................        42037               2.70
CRAWFORD                                        PA..............................        42039               2.10
CUMBERLAND                                      PA..............................        42041               2.80
DAUPHIN                                         PA..............................        42043               2.80
DELAWARE                                        PA..............................        42045               3.05
ELK                                             PA..............................        42047               2.30
ERIE                                            PA..............................        42049               2.10
FAYETTE                                         PA..............................        42051               2.30
FOREST                                          PA..............................        42053               2.30
FRANKLIN                                        PA..............................        42055               2.80
FULTON                                          PA..............................        42057               2.70
GREENE                                          PA..............................        42059               2.10
HUNTINGDON                                      PA..............................        42061               2.30
INDIANA                                         PA..............................        42063               2.30
JEFFERSON                                       PA..............................        42065               2.30
JUNIATA                                         PA..............................        42067               2.70
LACKAWANNA                                      PA..............................        42069               2.70
LANCASTER                                       PA..............................        42071               2.90
LAWRENCE                                        PA..............................        42073               2.10
LEBANON                                         PA..............................        42075               2.80
LEHIGH                                          PA..............................        42077               2.80
LUZERNE                                         PA..............................        42079               2.70

[[Page 83]]

 
LYCOMING                                        PA..............................        42081               2.50
MCKEAN                                          PA..............................        42083               2.30
MERCER                                          PA..............................        42085               2.10
MIFFLIN                                         PA..............................        42087               2.70
MONROE                                          PA..............................        42089               2.80
MONTGOMERY                                      PA..............................        42091               3.05
MONTOUR                                         PA..............................        42093               2.70
NORTHAMPTON                                     PA..............................        42095               2.80
NORTHUMBERLAND                                  PA..............................        42097               2.70
PERRY                                           PA..............................        42099               2.70
PHILADELPHIA                                    PA..............................        42101               3.05
PIKE                                            PA..............................        42103               2.80
POTTER                                          PA..............................        42105               2.50
SCHUYLKILL                                      PA..............................        42107               2.80
SNYDER                                          PA..............................        42109               2.70
SOMERSET                                        PA..............................        42111               2.30
SULLIVAN                                        PA..............................        42113               2.50
SUSQUEHANNA                                     PA..............................        42115               2.50
TIOGA                                           PA..............................        42117               2.50
UNION                                           PA..............................        42119               2.70
VENANGO                                         PA..............................        42121               2.10
WARREN                                          PA..............................        42123               2.10
WASHINGTON                                      PA..............................        42125               2.10
WAYNE                                           PA..............................        42127               2.70
WESTMORELAND                                    PA..............................        42129               2.30
WYOMING                                         PA..............................        42131               2.50
YORK                                            PA..............................        42133               2.90
BRISTOL                                         RI..............................        44001               3.25
KENT                                            RI..............................        44003               3.25
NEWPORT                                         RI..............................        44005               3.25
PROVIDENCE                                      RI..............................        44007               3.25
WASHINGTON                                      RI..............................        44009               3.25
ABBEVILLE                                       SC..............................        45001               3.10
AIKEN                                           SC..............................        45003               3.30
ALLENDALE                                       SC..............................        45005               3.30
ANDERSON                                        SC..............................        45007               3.10
BAMBERG                                         SC..............................        45009               3.30
BARNWELL                                        SC..............................        45011               3.30
BEAUFORT                                        SC..............................        45013               3.30
BERKELEY                                        SC..............................        45015               3.30
CALHOUN                                         SC..............................        45017               3.30
CHARLESTON                                      SC..............................        45019               3.30
CHEROKEE                                        SC..............................        45021               3.10
CHESTER                                         SC..............................        45023               3.10
CHESTERFIELD                                    SC..............................        45025               3.30
CLARENDON                                       SC..............................        45027               3.30
COLLETON                                        SC..............................        45029               3.30
DARLINGTON                                      SC..............................        45031               3.30
DILLON                                          SC..............................        45033               3.30
DORCHESTER                                      SC..............................        45035               3.30
EDGEFIELD                                       SC..............................        45037               3.30
FAIRFIELD                                       SC..............................        45039               3.30
FLORENCE                                        SC..............................        45041               3.30
GEORGETOWN                                      SC..............................        45043               3.30
GREENVILLE                                      SC..............................        45045               3.10
GREENWOOD                                       SC..............................        45047               3.10
HAMPTON                                         SC..............................        45049               3.30
HORRY                                           SC..............................        45051               3.30
JASPER                                          SC..............................        45053               3.30
KERSHAW                                         SC..............................        45055               3.30
LANCASTER                                       SC..............................        45057               3.10
LAURENS                                         SC..............................        45059               3.10
LEE                                             SC..............................        45061               3.30
LEXINGTON                                       SC..............................        45063               3.30
MARION                                          SC..............................        45067               3.30
MARLBORO                                        SC..............................        45069               3.30
MCCORMICK                                       SC..............................        45065               3.10
NEWBERRY                                        SC..............................        45071               3.30
OCONEE                                          SC..............................        45073               3.10
ORANGEBURG                                      SC..............................        45075               3.30
PICKENS                                         SC..............................        45077               3.10
RICHLAND                                        SC..............................        45079               3.30

[[Page 84]]

 
SALUDA                                          SC..............................        45081               3.30
SPARTANBURG                                     SC..............................        45083               3.10
SUMTER                                          SC..............................        45085               3.30
UNION                                           SC..............................        45087               3.10
WILLIAMSBURG                                    SC..............................        45089               3.30
YORK                                            SC..............................        45091               3.10
AURORA                                          SD..............................        46003               1.70
BEADLE                                          SD..............................        46005               1.70
BENNETT                                         SD..............................        46007               1.70
BON HOMME                                       SD..............................        46009               1.75
BROOKINGS                                       SD..............................        46011               1.70
BROWN                                           SD..............................        46013               1.70
BRULE                                           SD..............................        46015               1.70
BUFFALO                                         SD..............................        46017               1.70
BUTTE                                           SD..............................        46019               1.65
CAMPBELL                                        SD..............................        46021               1.65
CHARLES MIX                                     SD..............................        46023               1.75
CLARK                                           SD..............................        46025               1.70
CLAY                                            SD..............................        46027               1.75
CODINGTON                                       SD..............................        46029               1.70
CORSON                                          SD..............................        46031               1.65
CUSTER                                          SD..............................        46033               1.80
DAVISON                                         SD..............................        46035               1.70
DAY                                             SD..............................        46037               1.70
DEUEL                                           SD..............................        46039               1.70
DEWEY                                           SD..............................        46041               1.65
DOUGLAS                                         SD..............................        46043               1.75
EDMUNDS                                         SD..............................        46045               1.70
FALL RIVER                                      SD..............................        46047               1.80
FAULK                                           SD..............................        46049               1.70
GRANT                                           SD..............................        46051               1.70
GREGORY                                         SD..............................        46053               1.75
HAAKON                                          SD..............................        46055               1.70
HAMLIN                                          SD..............................        46057               1.70
HAND                                            SD..............................        46059               1.70
HANSON                                          SD..............................        46061               1.70
HARDING                                         SD..............................        46063               1.65
HUGHES                                          SD..............................        46065               1.70
HUTCHINSON                                      SD..............................        46067               1.75
HYDE                                            SD..............................        46069               1.70
JACKSON                                         SD..............................        46071               1.70
JERAULD                                         SD..............................        46073               1.70
JONES                                           SD..............................        46075               1.70
KINGSBURY                                       SD..............................        46077               1.70
LAKE                                            SD..............................        46079               1.70
LAWRENCE                                        SD..............................        46081               1.80
LINCOLN                                         SD..............................        46083               1.75
LYMAN                                           SD..............................        46085               1.70
MARSHALL                                        SD..............................        46091               1.70
MCCOOK                                          SD..............................        46087               1.70
MCPHERSON                                       SD..............................        46089               1.70
MEADE                                           SD..............................        46093               1.65
MELLETTE                                        SD..............................        46095               1.70
MINER                                           SD..............................        46097               1.70
MINNEHAHA                                       SD..............................        46099               1.70
MOODY                                           SD..............................        46101               1.70
PENNINGTON                                      SD..............................        46103               1.80
PERKINS                                         SD..............................        46105               1.65
POTTER                                          SD..............................        46107               1.70
ROBERTS                                         SD..............................        46109               1.70
SANBORN                                         SD..............................        46111               1.70
SHANNON                                         SD..............................        46113               1.80
SPINK                                           SD..............................        46115               1.70
STANLEY                                         SD..............................        46117               1.70
SULLY                                           SD..............................        46119               1.70
TODD                                            SD..............................        46121               1.70
TRIPP                                           SD..............................        46123               1.70
TURNER                                          SD..............................        46125               1.75
UNION                                           SD..............................        46127               1.75
WALWORTH                                        SD..............................        46129               1.70
YANKTON                                         SD..............................        46135               1.75
ZIEBACH                                         SD..............................        46137               1.65

[[Page 85]]

 
ANDERSON                                        TN..............................        47001               2.80
BEDFORD                                         TN..............................        47003               2.60
BENTON                                          TN..............................        47005               2.60
BLEDSOE                                         TN..............................        47007               2.60
BLOUNT                                          TN..............................        47009               2.80
BRADLEY                                         TN..............................        47011               2.80
CAMPBELL                                        TN..............................        47013               2.80
CANNON                                          TN..............................        47015               2.60
CARROLL                                         TN..............................        47017               2.60
CARTER                                          TN..............................        47019               2.80
CHEATHAM                                        TN..............................        47021               2.60
CHESTER                                         TN..............................        47023               2.80
CLAIBORNE                                       TN..............................        47025               2.80
CLAY                                            TN..............................        47027               2.60
COCKE                                           TN..............................        47029               2.80
COFFEE                                          TN..............................        47031               2.60
CROCKETT                                        TN..............................        47033               2.60
CUMBERLAND                                      TN..............................        47035               2.80
DAVIDSON                                        TN..............................        47037               2.60
DE KALB                                         TN..............................        47041               2.60
DECATUR                                         TN..............................        47039               2.60
DICKSON                                         TN..............................        47043               2.60
DYER                                            TN..............................        47045               2.60
FAYETTE                                         TN..............................        47047               2.80
FENTRESS                                        TN..............................        47049               2.60
FRANKLIN                                        TN..............................        47051               2.80
GIBSON                                          TN..............................        47053               2.60
GILES                                           TN..............................        47055               2.80
GRAINGER                                        TN..............................        47057               2.80
GREENE                                          TN..............................        47059               2.80
GRUNDY                                          TN..............................        47061               2.60
HAMBLEN                                         TN..............................        47063               2.80
HAMILTON                                        TN..............................        47065               2.80
HANCOCK                                         TN..............................        47067               2.80
HARDEMAN                                        TN..............................        47069               2.80
HARDIN                                          TN..............................        47071               2.80
HAWKINS                                         TN..............................        47073               2.80
HAYWOOD                                         TN..............................        47075               2.60
HENDERSON                                       TN..............................        47077               2.60
HENRY                                           TN..............................        47079               2.60
HICKMAN                                         TN..............................        47081               2.60
HOUSTON                                         TN..............................        47083               2.60
HUMPHREYS                                       TN..............................        47085               2.60
JACKSON                                         TN..............................        47087               2.60
JEFFERSON                                       TN..............................        47089               2.80
JOHNSON                                         TN..............................        47091               2.80
KNOX                                            TN..............................        47093               2.80
LAKE                                            TN..............................        47095               2.60
LAUDERDALE                                      TN..............................        47097               2.60
LAWRENCE                                        TN..............................        47099               2.80
LEWIS                                           TN..............................        47101               2.60
LINCOLN                                         TN..............................        47103               2.80
LOUDON                                          TN..............................        47105               2.80
MACON                                           TN..............................        47111               2.60
MADISON                                         TN..............................        47113               2.60
MARION                                          TN..............................        47115               2.80
MARSHALL                                        TN..............................        47117               2.60
MAURY                                           TN..............................        47119               2.60
MCMINN                                          TN..............................        47107               2.80
MCNAIRY                                         TN..............................        47109               2.80
MEIGS                                           TN..............................        47121               2.80
MONROE                                          TN..............................        47123               2.80
MONTGOMERY                                      TN..............................        47125               2.60
MOORE                                           TN..............................        47127               2.80
MORGAN                                          TN..............................        47129               2.80
OBION                                           TN..............................        47131               2.60
OVERTON                                         TN..............................        47133               2.60
PERRY                                           TN..............................        47135               2.60
PICKETT                                         TN..............................        47137               2.60
POLK                                            TN..............................        47139               2.80
PUTNAM                                          TN..............................        47141               2.60
RHEA                                            TN..............................        47143               2.80

[[Page 86]]

 
ROANE                                           TN..............................        47145               2.80
ROBERTSON                                       TN..............................        47147               2.60
RUTHERFORD                                      TN..............................        47149               2.60
SCOTT                                           TN..............................        47151               2.80
SEQUATCHIE                                      TN..............................        47153               2.80
SEVIER                                          TN..............................        47155               2.80
SHELBY                                          TN..............................        47157               2.80
SMITH                                           TN..............................        47159               2.60
STEWART                                         TN..............................        47161               2.60
SULLIVAN                                        TN..............................        47163               2.80
SUMNER                                          TN..............................        47165               2.60
TIPTON                                          TN..............................        47167               2.80
TROUSDALE                                       TN..............................        47169               2.60
UNICOI                                          TN..............................        47171               2.80
UNION                                           TN..............................        47173               2.80
VAN BUREN                                       TN..............................        47175               2.60
WARREN                                          TN..............................        47177               2.60
WASHINGTON                                      TN..............................        47179               2.80
WAYNE                                           TN..............................        47181               2.80
WEAKLEY                                         TN..............................        47183               2.60
WHITE                                           TN..............................        47185               2.60
WILLIAMSON                                      TN..............................        47187               2.60
WILSON                                          TN..............................        47189               2.60
ANDERSON                                        TX..............................        48001               3.15
ANDREWS                                         TX..............................        48003               2.40
ANGELINA                                        TX..............................        48005               3.15
ARANSAS                                         TX..............................        48007               3.65
ARCHER                                          TX..............................        48009               2.80
ARMSTRONG                                       TX..............................        48011               2.40
ATASCOSA                                        TX..............................        48013               3.45
AUSTIN                                          TX..............................        48015               3.60
BAILEY                                          TX..............................        48017               2.40
BANDERA                                         TX..............................        48019               3.30
BASTROP                                         TX..............................        48021               3.30
BAYLOR                                          TX..............................        48023               2.60
BEE                                             TX..............................        48025               3.65
BELL                                            TX..............................        48027               3.15
BEXAR                                           TX..............................        48029               3.45
BLANCO                                          TX..............................        48031               3.30
BORDEN                                          TX..............................        48033               2.40
BOSQUE                                          TX..............................        48035               3.15
BOWIE                                           TX..............................        48037               3.00
BRAZORIA                                        TX..............................        48039               3.60
BRAZOS                                          TX..............................        48041               3.30
BREWSTER                                        TX..............................        48043               2.40
BRISCOE                                         TX..............................        48045               2.40
BROOKS                                          TX..............................        48047               3.65
BROWN                                           TX..............................        48049               2.80
BURLESON                                        TX..............................        48051               3.30
BURNET                                          TX..............................        48053               3.30
CALDWELL                                        TX..............................        48055               3.45
CALHOUN                                         TX..............................        48057               3.65
CALLAHAN                                        TX..............................        48059               2.80
CAMERON                                         TX..............................        48061               3.65
CAMP                                            TX..............................        48063               3.00
CARSON                                          TX..............................        48065               2.40
CASS                                            TX..............................        48067               3.00
CASTRO                                          TX..............................        48069               2.40
CHAMBERS                                        TX..............................        48071               3.60
CHEROKEE                                        TX..............................        48073               3.15
CHILDRESS                                       TX..............................        48075               2.40
CLAY                                            TX..............................        48077               2.80
COCHRAN                                         TX..............................        48079               2.40
COKE                                            TX..............................        48081               2.60
COLEMAN                                         TX..............................        48083               2.80
COLLIN                                          TX..............................        48085               3.00
COLLINGSWORTH                                   TX..............................        48087               2.40
COLORADO                                        TX..............................        48089               3.60
COMAL                                           TX..............................        48091               3.45
COMANCHE                                        TX..............................        48093               2.80
CONCHO                                          TX..............................        48095               2.80
COOKE                                           TX..............................        48097               3.00

[[Page 87]]

 
CORYELL                                         TX..............................        48099               3.15
COTTLE                                          TX..............................        48101               2.40
CRANE                                           TX..............................        48103               2.40
CROCKETT                                        TX..............................        48105               2.60
CROSBY                                          TX..............................        48107               2.40
CULBERSON                                       TX..............................        48109               2.40
DALLAM                                          TX..............................        48111               2.40
DALLAS                                          TX..............................        48113               3.00
DAWSON                                          TX..............................        48115               2.40
DE WITT                                         TX..............................        48123               3.60
DEAF SMITH                                      TX..............................        48117               2.40
DELTA                                           TX..............................        48119               3.00
DENTON                                          TX..............................        48121               3.00
DICKENS                                         TX..............................        48125               2.40
DIMMIT                                          TX..............................        48127               3.45
DONLEY                                          TX..............................        48129               2.40
DUVAL                                           TX..............................        48131               3.65
EASTLAND                                        TX..............................        48133               2.80
ECTOR                                           TX..............................        48135               2.40
EDWARDS                                         TX..............................        48137               2.80
EL PASO                                         TX..............................        48141               2.25
ELLIS                                           TX..............................        48139               3.00
ERATH                                           TX..............................        48143               3.00
FALLS                                           TX..............................        48145               3.15
FANNIN                                          TX..............................        48147               3.00
FAYETTE                                         TX..............................        48149               3.60
FISHER                                          TX..............................        48151               2.60
FLOYD                                           TX..............................        48153               2.40
FOARD                                           TX..............................        48155               2.60
FORT BEND                                       TX..............................        48157               3.60
FRANKLIN                                        TX..............................        48159               3.00
FREESTONE                                       TX..............................        48161               3.15
FRIO                                            TX..............................        48163               3.45
GAINES                                          TX..............................        48165               2.40
GALVESTON                                       TX..............................        48167               3.60
GARZA                                           TX..............................        48169               2.40
GILLESPIE                                       TX..............................        48171               3.30
GLASSCOCK                                       TX..............................        48173               2.60
GOLIAD                                          TX..............................        48175               3.65
GONZALES                                        TX..............................        48177               3.45
GRAY                                            TX..............................        48179               2.40
GRAYSON                                         TX..............................        48181               3.00
GREGG                                           TX..............................        48183               3.00
GRIMES                                          TX..............................        48185               3.30
GUADALUPE                                       TX..............................        48187               3.45
HALE                                            TX..............................        48189               2.40
HALL                                            TX..............................        48191               2.40
HAMILTON                                        TX..............................        48193               3.15
HANSFORD                                        TX..............................        48195               2.40
HARDEMAN                                        TX..............................        48197               2.60
HARDIN                                          TX..............................        48199               3.60
HARRIS                                          TX..............................        48201               3.60
HARRISON                                        TX..............................        48203               3.00
HARTLEY                                         TX..............................        48205               2.40
HASKELL                                         TX..............................        48207               2.60
HAYS                                            TX..............................        48209               3.45
HEMPHILL                                        TX..............................        48211               2.40
HENDERSON                                       TX..............................        48213               3.00
HIDALGO                                         TX..............................        48215               3.65
HILL                                            TX..............................        48217               3.15
HOCKLEY                                         TX..............................        48219               2.40
HOOD                                            TX..............................        48221               3.00
HOPKINS                                         TX..............................        48223               3.00
HOUSTON                                         TX..............................        48225               3.15
HOWARD                                          TX..............................        48227               2.40
HUDSPETH                                        TX..............................        48229               2.25
HUNT                                            TX..............................        48231               3.00
HUTCHINSON                                      TX..............................        48233               2.40
IRION                                           TX..............................        48235               2.60
JACK                                            TX..............................        48237               2.80
JACKSON                                         TX..............................        48239               3.60
JASPER                                          TX..............................        48241               3.30

[[Page 88]]

 
JEFF DAVIS                                      TX..............................        48243               2.40
JEFFERSON                                       TX..............................        48245               3.60
JIM HOGG                                        TX..............................        48247               3.65
JIM WELLS                                       TX..............................        48249               3.65
JOHNSON                                         TX..............................        48251               3.00
JONES                                           TX..............................        48253               2.60
KARNES                                          TX..............................        48255               3.65
KAUFMAN                                         TX..............................        48257               3.00
KENDALL                                         TX..............................        48259               3.30
KENEDY                                          TX..............................        48261               3.65
KENT                                            TX..............................        48263               2.60
KERR                                            TX..............................        48265               3.30
KIMBLE                                          TX..............................        48267               2.80
KING                                            TX..............................        48269               2.60
KINNEY                                          TX..............................        48271               3.30
KLEBERG                                         TX..............................        48273               3.65
KNOX                                            TX..............................        48275               2.60
LA SALLE                                        TX..............................        48283               3.45
LAMAR                                           TX..............................        48277               3.00
LAMB                                            TX..............................        48279               2.40
LAMPASAS                                        TX..............................        48281               3.15
LAVACA                                          TX..............................        48285               3.60
LEE                                             TX..............................        48287               3.30
LEON                                            TX..............................        48289               3.15
LIBERTY                                         TX..............................        48291               3.60
LIMESTONE                                       TX..............................        48293               3.15
LIPSCOMB                                        TX..............................        48295               2.40
LIVE OAK                                        TX..............................        48297               3.65
LLANO                                           TX..............................        48299               3.30
LOVING                                          TX..............................        48301               2.40
LUBBOCK                                         TX..............................        48303               2.40
LYNN                                            TX..............................        48305               2.40
MADISON                                         TX..............................        48313               3.30
MARION                                          TX..............................        48315               3.00
MARTIN                                          TX..............................        48317               2.40
MASON                                           TX..............................        48319               2.80
MATAGORDA                                       TX..............................        48321               3.60
MAVERICK                                        TX..............................        48323               3.30
MCCULLOCH                                       TX..............................        48307               2.80
MCLENNAN                                        TX..............................        48309               3.15
MCMULLEN                                        TX..............................        48311               3.45
MEDINA                                          TX..............................        48325               3.30
MENARD                                          TX..............................        48327               2.80
MIDLAND                                         TX..............................        48329               2.40
MILAM                                           TX..............................        48331               3.30
MILLS                                           TX..............................        48333               2.80
MITCHELL                                        TX..............................        48335               2.60
MONTAGUE                                        TX..............................        48337               2.80
MONTGOMERY                                      TX..............................        48339               3.60
MOORE                                           TX..............................        48341               2.40
MORRIS                                          TX..............................        48343               3.00
MOTLEY                                          TX..............................        48345               2.40
NACOGDOCHES                                     TX..............................        48347               3.15
NAVARRO                                         TX..............................        48349               3.15
NEWTON                                          TX..............................        48351               3.30
NOLAN                                           TX..............................        48353               2.60
NUECES                                          TX..............................        48355               3.65
OCHILTREE                                       TX..............................        48357               2.40
OLDHAM                                          TX..............................        48359               2.40
ORANGE                                          TX..............................        48361               3.60
PALO PINTO                                      TX..............................        48363               2.80
PANOLA                                          TX..............................        48365               3.00
PARKER                                          TX..............................        48367               3.00
PARMER                                          TX..............................        48369               2.40
PECOS                                           TX..............................        48371               2.40
POLK                                            TX..............................        48373               3.30
POTTER                                          TX..............................        48375               2.40
PRESIDIO                                        TX..............................        48377               2.40
RAINS                                           TX..............................        48379               3.00
RANDALL                                         TX..............................        48381               2.40
REAGAN                                          TX..............................        48383               2.60
REAL                                            TX..............................        48385               3.30

[[Page 89]]

 
RED RIVER                                       TX..............................        48387               3.00
REEVES                                          TX..............................        48389               2.40
REFUGIO                                         TX..............................        48391               3.65
ROBERTS                                         TX..............................        48393               2.40
ROBERTSON                                       TX..............................        48395               3.30
ROCKWALL                                        TX..............................        48397               3.00
RUNNELS                                         TX..............................        48399               2.80
RUSK                                            TX..............................        48401               3.00
SABINE                                          TX..............................        48403               3.15
SAN AUGUSTINE                                   TX..............................        48405               3.15
SAN JACINTO                                     TX..............................        48407               3.30
SAN PATRICIO                                    TX..............................        48409               3.65
SAN SABA                                        TX..............................        48411               2.80
SCHLEICHER                                      TX..............................        48413               2.80
SCURRY                                          TX..............................        48415               2.60
SHACKELFORD                                     TX..............................        48417               2.80
SHELBY                                          TX..............................        48419               3.15
SHERMAN                                         TX..............................        48421               2.40
SMITH                                           TX..............................        48423               3.00
SOMERVELL                                       TX..............................        48425               3.00
STARR                                           TX..............................        48427               3.65
STEPHENS                                        TX..............................        48429               2.80
STERLING                                        TX..............................        48431               2.60
STONEWALL                                       TX..............................        48433               2.60
SUTTON                                          TX..............................        48435               2.80
SWISHER                                         TX..............................        48437               2.40
TARRANT                                         TX..............................        48439               3.00
TAYLOR                                          TX..............................        48441               2.60
TERRELL                                         TX..............................        48443               2.60
TERRY                                           TX..............................        48445               2.40
THROCKMORTON                                    TX..............................        48447               2.80
TITUS                                           TX..............................        48449               3.00
TOM GREEN                                       TX..............................        48451               2.80
TRAVIS                                          TX..............................        48453               3.30
TRINITY                                         TX..............................        48455               3.30
TYLER                                           TX..............................        48457               3.30
UPSHUR                                          TX..............................        48459               3.00
UPTON                                           TX..............................        48461               2.40
UVALDE                                          TX..............................        48463               3.30
VAL VERDE                                       TX..............................        48465               2.80
VAN ZANDT                                       TX..............................        48467               3.00
VICTORIA                                        TX..............................        48469               3.65
WALKER                                          TX..............................        48471               3.30
WALLER                                          TX..............................        48473               3.60
WARD                                            TX..............................        48475               2.40
WASHINGTON                                      TX..............................        48477               3.30
WEBB                                            TX..............................        48479               3.45
WHARTON                                         TX..............................        48481               3.60
WHEELER                                         TX..............................        48483               2.40
WICHITA                                         TX..............................        48485               2.80
WILBARGER                                       TX..............................        48487               2.60
WILLACY                                         TX..............................        48489               3.65
WILLIAMSON                                      TX..............................        48491               3.30
WILSON                                          TX..............................        48493               3.45
WINKLER                                         TX..............................        48495               2.40
WISE                                            TX..............................        48497               3.00
WOOD                                            TX..............................        48499               3.00
YOAKUM                                          TX..............................        48501               2.40
YOUNG                                           TX..............................        48503               2.80
ZAPATA                                          TX..............................        48505               3.65
ZAVALA                                          TX..............................        48507               3.30
BEAVER                                          UT..............................        49001               1.60
BOX ELDER                                       UT..............................        49003               1.90
CACHE                                           UT..............................        49005               1.90
CARBON                                          UT..............................        49007               1.90
DAGGETT                                         UT..............................        49009               1.90
DAVIS                                           UT..............................        49011               1.90
DUCHESNE                                        UT..............................        49013               1.90
EMERY                                           UT..............................        49015               1.90
GARFIELD                                        UT..............................        49017               1.60
GRAND                                           UT..............................        49019               1.90
IRON                                            UT..............................        49021               1.60

[[Page 90]]

 
JUAB                                            UT..............................        49023               1.90
KANE                                            UT..............................        49025               1.60
MILLARD                                         UT..............................        49027               1.90
MORGAN                                          UT..............................        49029               1.90
PIUTE                                           UT..............................        49031               1.60
RICH                                            UT..............................        49033               1.90
SALT LAKE                                       UT..............................        49035               1.90
SAN JUAN                                        UT..............................        49037               1.60
SANPETE                                         UT..............................        49039               1.90
SEVIER                                          UT..............................        49041               1.90
SUMMIT                                          UT..............................        49043               1.90
TOOELE                                          UT..............................        49045               1.90
UINTAH                                          UT..............................        49047               1.90
UTAH                                            UT..............................        49049               1.90
WASATCH                                         UT..............................        49051               1.90
WASHINGTON                                      UT..............................        49053               1.60
WAYNE                                           UT..............................        49055               1.60
WEBER                                           UT..............................        49057               1.90
ACCOMACK                                        VA..............................        51001               3.00
ALBEMARLE                                       VA..............................        51003               2.80
ALEXANDRIA CITY                                 VA..............................        51510               3.00
ALLEGHANY                                       VA..............................        51005               2.80
AMELIA                                          VA..............................        51007               3.10
AMHERST                                         VA..............................        51009               2.80
APPOMATTOX                                      VA..............................        51011               2.80
ARLINGTON                                       VA..............................        51013               3.00
AUGUSTA                                         VA..............................        51015               2.80
BATH                                            VA..............................        51017               2.80
BEDFORD                                         VA..............................        51019               2.80
BEDFORD CITY                                    VA..............................        51515               2.80
BLAND                                           VA..............................        51021               2.80
BOTETOURT                                       VA..............................        51023               2.80
BRISTOL CITY                                    VA..............................        51520               2.80
BRUNSWICK                                       VA..............................        51025               3.10
BUCHANAN                                        VA..............................        51027               2.80
BUCKINGHAM                                      VA..............................        51029               2.80
BUENA VISTA CITY                                VA..............................        51530               2.80
CAMPBELL                                        VA..............................        51031               2.80
CAROLINE                                        VA..............................        51033               3.10
CARROLL                                         VA..............................        51035               2.80
CHARLES CITY                                    VA..............................        51036               3.10
CHARLOTTE                                       VA..............................        51037               3.10
CHARLOTTESVILLE CITY                            VA..............................        51540               2.80
CHESAPEAKE CITY                                 VA..............................        51550               3.20
CHESTERFIELD                                    VA..............................        51041               3.10
CLARKE                                          VA..............................        51043               2.80
CLIFTON FORGE CITY                              VA..............................        51560               2.80
COLONIAL HEIGHTS CITY                           VA..............................        51570               3.10
COVINGTON CITY                                  VA..............................        51580               2.80
CRAIG                                           VA..............................        51045               2.80
CULPEPER                                        VA..............................        51047               2.80
CUMBERLAND                                      VA..............................        51049               2.80
DANVILLE CITY                                   VA..............................        51590               2.80
DICKENSON                                       VA..............................        51051               2.80
DINWIDDIE                                       VA..............................        51053               3.10
EMPORIA CITY                                    VA..............................        51595               3.10
ESSEX                                           VA..............................        51057               3.10
FAIRFAX                                         VA..............................        51059               3.00
FAIRFAX CITY                                    VA..............................        51600               3.00
FALLS CHURCH CITY                               VA..............................        51610               3.00
FAUQUIER                                        VA..............................        51061               3.00
FLOYD                                           VA..............................        51063               2.80
FLUVANNA                                        VA..............................        51065               2.80
FRANKLIN                                        VA..............................        51067               2.80
FRANKLIN CITY                                   VA..............................        51620               3.10
FREDERICK                                       VA..............................        51069               2.80
FREDERICKSBURG CITY                             VA..............................        51630               2.80
GALAX CITY                                      VA..............................        51640               2.80
GILES                                           VA..............................        51071               2.80
GLOUCESTER                                      VA..............................        51073               3.20
GOOCHLAND                                       VA..............................        51075               3.10
GRAYSON                                         VA..............................        51077               2.80

[[Page 91]]

 
GREENE                                          VA..............................        51079               2.80
GREENSVILLE                                     VA..............................        51081               3.10
HALIFAX                                         VA..............................        51083               3.10
HAMPTON CITY                                    VA..............................        51650               3.20
HANOVER                                         VA..............................        51085               3.10
HARRISONBURG CITY                               VA..............................        51660               2.80
HENRICO                                         VA..............................        51087               3.10
HENRY                                           VA..............................        51089               2.80
HIGHLAND                                        VA..............................        51091               2.80
HOPEWELL CITY                                   VA..............................        51670               3.10
ISLE OF WIGHT                                   VA..............................        51093               3.20
JAMES CITY                                      VA..............................        51095               3.10
KING AND QUEEN                                  VA..............................        51097               3.10
KING GEORGE                                     VA..............................        51099               3.10
KING WILLIAM                                    VA..............................        51101               3.10
LANCASTER                                       VA..............................        51103               3.10
LEE                                             VA..............................        51105               2.80
LEXINGTON CITY                                  VA..............................        51678               2.80
LOUDOUN                                         VA..............................        51107               3.00
LOUISA                                          VA..............................        51109               2.80
LUNENBURG                                       VA..............................        51111               3.10
LYNCHBURG CITY                                  VA..............................        51680               2.80
MADISON                                         VA..............................        51113               2.80
MANASSAS CITY                                   VA..............................        51683               3.00
MANASSAS PARK CITY                              VA..............................        51685               3.00
MARTINSVILLE CITY                               VA..............................        51690               2.80
MATHEWS                                         VA..............................        51115               3.20
MECKLENBURG                                     VA..............................        51117               3.10
MIDDLESEX                                       VA..............................        51119               3.10
MONTGOMERY                                      VA..............................        51121               2.80
NELSON                                          VA..............................        51125               2.80
NEW KENT                                        VA..............................        51127               3.10
NEWPORT NEWS CITY                               VA..............................        51700               3.20
NORFOLK CITY                                    VA..............................        51710               3.20
NORTHAMPTON                                     VA..............................        51131               3.00
NORTHUMBERLAND                                  VA..............................        51133               3.10
NORTON CITY                                     VA..............................        51720               2.80
NOTTOWAY                                        VA..............................        51135               3.10
ORANGE                                          VA..............................        51137               2.80
PAGE                                            VA..............................        51139               2.80
PATRICK                                         VA..............................        51141               2.80
PETERSBURG CITY                                 VA..............................        51730               3.10
PITTSYLVANIA                                    VA..............................        51143               2.80
POQUOSON CITY                                   VA..............................        51735               3.20
PORTSMOUTH CITY                                 VA..............................        51740               3.20
POWHATAN                                        VA..............................        51145               3.10
PRINCE EDWARD                                   VA..............................        51147               3.10
PRINCE GEORGE                                   VA..............................        51149               3.10
PRINCE WILLIAM                                  VA..............................        51153               3.00
PULASKI                                         VA..............................        51155               2.80
RADFORD CITY                                    VA..............................        51750               2.80
RAPPAHANNOCK                                    VA..............................        51157               2.80
RICHMOND                                        VA..............................        51159               3.10
RICHMOND CITY                                   VA..............................        51760               3.10
ROANOKE                                         VA..............................        51161               2.80
ROANOKE CITY                                    VA..............................        51770               2.80
ROCKBRIDGE                                      VA..............................        51163               2.80
ROCKINGHAM                                      VA..............................        51165               2.80
RUSSELL                                         VA..............................        51167               2.80
SALEM CITY                                      VA..............................        51775               2.80
SCOTT                                           VA..............................        51169               2.80
SHENANDOAH                                      VA..............................        51171               2.80
SMYTH                                           VA..............................        51173               2.80
SOUTHAMPTON                                     VA..............................        51175               3.10
SPOTSYLVANIA                                    VA..............................        51177               2.80
STAFFORD                                        VA..............................        51179               3.00
STAUNTON CITY                                   VA..............................        51790               2.80
SUFFOLK CITY                                    VA..............................        51800               3.20
SURRY                                           VA..............................        51181               3.10
SUSSEX                                          VA..............................        51183               3.10
TAZEWELL                                        VA..............................        51185               2.80
VIRGINIA BEACH CITY                             VA..............................        51810               3.20

[[Page 92]]

 
WARREN                                          VA..............................        51187               2.80
WASHINGTON                                      VA..............................        51191               2.80
WAYNESBORO CITY                                 VA..............................        51820               2.80
WESTMORELAND                                    VA..............................        51193               3.10
WILLIAMSBURG CITY                               VA..............................        51830               3.10
WINCHESTER CITY                                 VA..............................        51840               2.80
WISE                                            VA..............................        51195               2.80
WYTHE                                           VA..............................        51197               2.80
YORK                                            VA..............................        51199               3.20
ADDISON                                         VT..............................        50001               2.60
BENNINGTON                                      VT..............................        50003               2.80
CALEDONIA                                       VT..............................        50005               2.60
CHITTENDEN                                      VT..............................        50007               2.50
ESSEX                                           VT..............................        50009               2.40
FRANKLIN                                        VT..............................        50011               2.40
GRAND ISLE                                      VT..............................        50013               2.40
LAMOILLE                                        VT..............................        50015               2.50
ORANGE                                          VT..............................        50017               2.60
ORLEANS                                         VT..............................        50019               2.40
RUTLAND                                         VT..............................        50021               2.60
WASHINGTON                                      VT..............................        50023               2.60
WINDHAM                                         VT..............................        50025               2.80
WINDSOR                                         VT..............................        50027               2.80
ADAMS                                           WA..............................        53001               1.75
ASOTIN                                          WA..............................        53003               1.75
BENTON                                          WA..............................        53005               1.75
CHELAN                                          WA..............................        53007               1.75
CLALLAM                                         WA..............................        53009               1.90
CLARK                                           WA..............................        53011               1.90
COLUMBIA                                        WA..............................        53013               1.75
COWLITZ                                         WA..............................        53015               1.90
DOUGLAS                                         WA..............................        53017               1.75
FERRY                                           WA..............................        53019               1.90
FRANKLIN                                        WA..............................        53021               1.75
GARFIELD                                        WA..............................        53023               1.75
GRANT                                           WA..............................        53025               1.75
GRAYS HARBOR                                    WA..............................        53027               1.90
ISLAND                                          WA..............................        53029               1.90
JEFFERSON                                       WA..............................        53031               1.90
KING                                            WA..............................        53033               1.90
KITSAP                                          WA..............................        53035               1.90
KITTITAS                                        WA..............................        53037               1.75
KLICKITAT                                       WA..............................        53039               1.75
LEWIS                                           WA..............................        53041               1.90
LINCOLN                                         WA..............................        53043               1.90
MASON                                           WA..............................        53045               1.90
OKANOGAN                                        WA..............................        53047               1.75
PACIFIC                                         WA..............................        53049               1.90
PEND OREILLE                                    WA..............................        53051               1.90
PIERCE                                          WA..............................         5303               1.90
SAN JUAN                                        WA..............................        53055               1.90
SKAGIT                                          WA..............................        53057               1.90
SKAMANIA                                        WA..............................        53059               1.90
SNOHOMISH                                       WA..............................        53061               1.90
SPOKANE                                         WA..............................        53063               1.90
STEVENS                                         WA..............................        53065               1.90
THURSTON                                        WA..............................        53067               1.90
WAHKIAKUM                                       WA..............................        53069               1.90
WALLA WALLA                                     WA..............................        53071               1.75
WHATCOM                                         WA..............................        53073               1.90
WHITMAN                                         WA..............................        53075               1.90
YAKIMA                                          WA..............................        53077               1.75
ADAMS                                           WI..............................        55001               1.70
ASHLAND                                         WI..............................        55003               1.70
BARRON                                          WI..............................        55005               1.70
BAYFIELD                                        WI..............................        55007               1.70
BROWN                                           WI..............................        55009               1.75
BUFFALO                                         WI..............................        55011               1.70
BURNETT                                         WI..............................        55013               1.70
CALUMET                                         WI..............................        55015               1.75
CHIPPEWA                                        WI..............................        55017               1.70
CLARK                                           WI..............................        55019               1.70

[[Page 93]]

 
COLUMBIA                                        WI..............................        55021               1.75
CRAWFORD                                        WI..............................        55023               1.75
DANE                                            WI..............................        55025               1.75
DODGE                                           WI..............................        55027               1.75
DOOR                                            WI..............................        55029               1.75
DOUGLAS                                         WI..............................        55031               1.70
DUNN                                            WI..............................        55033               1.70
EAU CLAIRE                                      WI..............................        55035               1.70
FLORENCE                                        WI..............................        55037               1.70
FOND DU LAC                                     WI..............................        55039               1.75
FOREST                                          WI..............................        55041               1.70
GRANT                                           WI..............................        55043               1.75
GREEN                                           WI..............................        55045               1.75
GREEN LAKE                                      WI..............................        55047               1.70
IOWA                                            WI..............................        55049               1.75
IRON                                            WI..............................        55051               1.70
JACKSON                                         WI..............................        55053               1.70
JEFFERSON                                       WI..............................        55055               1.75
JUNEAU                                          WI..............................        55057               1.70
KENOSHA                                         WI..............................        55059               1.75
KEWAUNEE                                        WI..............................        55061               1.75
LA CROSSE                                       WI..............................        55063               1.70
LAFAYETTE                                       WI..............................        55065               1.75
LANGLADE                                        WI..............................        55067               1.70
LINCOLN                                         WI..............................        55069               1.70
MANITOWOC                                       WI..............................        55071               1.75
MARATHON                                        WI..............................        55073               1.70
MARINETTE                                       WI..............................        55075               1.70
MARQUETTE                                       WI..............................        55077               1.70
MENOMINEE                                       WI..............................        55078               1.70
MILWAUKEE                                       WI..............................        55079               1.75
MONROE                                          WI..............................        55081               1.70
OCONTO                                          WI..............................        55083               1.70
ONEIDA                                          WI..............................        55085               1.70
OUTAGAMIE                                       WI..............................        55087               1.75
OZAUKEE                                         WI..............................        55089               1.75
PEPIN                                           WI..............................        55091               1.70
PIERCE                                          WI..............................        55093               1.70
POLK                                            WI..............................        55095               1.70
PORTAGE                                         WI..............................        55097               1.70
PRICE                                           WI..............................        55099               1.70
RACINE                                          WI..............................        55101               1.75
RICHLAND                                        WI..............................        55103               1.75
ROCK                                            WI..............................        55105               1.75
RUSK                                            WI..............................        55107               1.70
SAUK                                            WI..............................        55111               1.75
SAWYER                                          WI..............................        55113               1.70
SHAWANO                                         WI..............................        55115               1.70
SHEBOYGAN                                       WI..............................        55117               1.75
ST. CROIX                                       WI..............................        55109               1.70
TAYLOR                                          WI..............................        55119               1.70
TREMPEALEAU                                     WI..............................        55121               1.70
VERNON                                          WI..............................        55123               1.75
VILAS                                           WI..............................        55125               1.70
WALWORTH                                        WI..............................        55127               1.75
WASHBURN                                        WI..............................        55129               1.70
WASHINGTON                                      WI..............................        55131               1.75
WAUKESHA                                        WI..............................        55133               1.75
WAUPACA                                         WI..............................        55135               1.75
WAUSHARA                                        WI..............................        55137               1.70
WINNEBAGO                                       WI..............................        55139               1.75
WOOD                                            WI..............................        55141               1.70
BARBOUR                                         WV..............................        54001               2.30
BERKELEY                                        WV..............................        54003               2.60
BOONE                                           WV..............................        54005               2.20
BRAXTON                                         WV..............................        54007               2.20
BROOKE                                          WV..............................        54009               2.10
CABELL                                          WV..............................        54011               2.20
CALHOUN                                         WV..............................        54013               2.20
CLAY                                            WV..............................        54015               2.20
DODDRIDGE                                       WV..............................        54017               2.10
FAYETTE                                         WV..............................        54019               2.20

[[Page 94]]

 
GILMER                                          WV..............................        54021               2.20
GRANT                                           WV..............................        54023               2.60
GREENBRIER                                      WV..............................        54025               2.20
HAMPSHIRE                                       WV..............................        54027               2.60
HANCOCK                                         WV..............................        54029               2.10
HARDY                                           WV..............................        54031               2.60
HARRISON                                        WV..............................        54033               2.10
JACKSON                                         WV..............................        54035               2.20
JEFFERSON                                       WV..............................        54037               2.60
KANAWHA                                         WV..............................        54039               2.20
LEWIS                                           WV..............................        54041               2.10
LINCOLN                                         WV..............................        54043               2.20
LOGAN                                           WV..............................        54045               2.20
MARION                                          WV..............................        54049               2.10
MARSHALL                                        WV..............................        54051               2.10
MASON                                           WV..............................        54053               2.20
MCDOWELL                                        WV..............................        54047               2.80
MERCER                                          WV..............................        54055               2.80
MINERAL                                         WV..............................        54057               2.60
MINGO                                           WV..............................        54059               2.20
MONONGALIA                                      WV..............................        54061               2.10
MONROE                                          WV..............................        54063               2.20
MORGAN                                          WV..............................        54065               2.60
NICHOLAS                                        WV..............................        54067               2.20
OHIO                                            WV..............................        54069               2.10
PENDLETON                                       WV..............................        54071               2.60
PLEASANTS                                       WV..............................        54073               2.20
POCAHONTAS                                      WV..............................        54075               2.20
PRESTON                                         WV..............................        54077               2.30
PUTNAM                                          WV..............................        54079               2.20
RALEIGH                                         WV..............................        54081               2.20
RANDOLPH                                        WV..............................        54083               2.30
RITCHIE                                         WV..............................        54085               2.20
ROANE                                           WV..............................        54087               2.20
SUMMERS                                         WV..............................        54089               2.20
TAYLOR                                          WV..............................        54091               2.30
TUCKER                                          WV..............................        54093               2.30
TYLER                                           WV..............................        54095               2.10
UPSHUR                                          WV..............................        54097               2.30
WAYNE                                           WV..............................        54099               2.20
WEBSTER                                         WV..............................        54101               2.20
WETZEL                                          WV..............................        54103               2.10
WIRT                                            WV..............................        54105               2.20
WOOD                                            WV..............................        54107               2.20
WYOMING                                         WV..............................        54109               2.20
ALBANY                                          WY..............................        56001               1.90
BIG HORN                                        WY..............................        56003               1.60
CAMPBELL                                        WY..............................        56005               1.65
CARBON                                          WY..............................        56007               1.90
CONVERSE                                        WY..............................        56009               1.70
CROOK                                           WY..............................        56011               1.65
FREMONT                                         WY..............................        56013               1.60
GOSHEN                                          WY..............................        56015               1.90
HOT SPRINGS                                     WY..............................        56017               1.60
JOHNSON                                         WY..............................        56019               1.65
LARAMIE                                         WY..............................        56021               2.45
LINCOLN                                         WY..............................        56023               1.60
NATRONA                                         WY..............................        56025               1.70
NIOBRARA                                        WY..............................        56027               1.70
PARK                                            WY..............................        56029               1.60
PLATTE                                          WY..............................        56031               1.90
SHERIDAN                                        WY..............................        56033               1.60
SUBLETTE                                        WY..............................        56035               1.60
SWEETWATER                                      WY..............................        56037               1.90
TETON                                           WY..............................        56039               1.60
UINTA                                           WY..............................        56041               1.90
WASHAKIE                                        WY..............................        56043               1.60
WESTON                                          WY..............................        56045               1.70
----------------------------------------------------------------------------------------------------------------

[64 FR 70869, Dec. 17, 1999; 64 FR 73386, Dec. 30, 1999]

[[Page 95]]



Sec. 1000.53  Announcement of class prices, component prices, and advanced pricing factors.

    (a) On or before the 5th day of the month, the market administrator 
for each Federal milk marketing order shall announce the following 
prices (as applicable to that order) for the preceding month:
    (1) The Class II price;
    (2) The Class II butterfat price;
    (3) The Class III price;
    (4) The Class III skim milk price;
    (5) The Class IV price;
    (6) The Class IV skim milk price;
    (7) The butterfat price;
    (8) The nonfat solids price;
    (9) The protein price;
    (10) The other solids price; and
    (11) The somatic cell adjustment rate.
    (b) On or before the 23rd day of the month, the market administrator 
for each Federal milk marketing order shall announce the following 
prices and pricing factors for the following month:
    (1) The Class I price;
    (2) The Class I skim milk price;
    (3) The Class I butterfat price;
    (4) The Class II skim milk price;
    (5) The Class II nonfat solids price; and
    (6) The advanced pricing factors described in Sec. 1000.50(q).



Sec. 1000.54  Equivalent price.

    If for any reason a price or pricing constituent required for 
computing the prices described in Sec. 1000.50 is not available, the 
market administrator shall use a price or pricing constituent determined 
by the Deputy Administrator, Dairy Programs, Agricultural Marketing 
Service, to be equivalent to the price or pricing constituent that is 
required.



                      Subpart H--Payments for Milk



Sec. 1000.70  Producer-settlement fund.

    The market administrator shall establish and maintain a separate 
fund known as the producer-settlement fund into which the market 
administrator shall deposit all payments made by handlers pursuant to 
Secs. --------.71, --------.76, and --------.77 of each Federal milk 
order and out of which the market administrator shall make all payments 
pursuant to Secs. --------.72 and --------.77 of each Federal milk 
order. Payments due any handler shall be offset by any payments due from 
that handler.



Sec. 1000.76  Payments by a handler operating a partially regulated distributing plant.

    On or before the 25th day after the end of the month (except as 
provided in Sec. 1000.90), the operator of a partially regulated 
distributing plant, other than a plant that is subject to marketwide 
pooling of producer returns under a State government's milk 
classification and pricing program, shall pay to the market 
administrator for the producer-settlement fund the amount computed 
pursuant to paragraph (a) of this section or, if the handler submits the 
information specified in Secs. --------.30(b) and --------.31(b) of the 
order, the handler may elect to pay the amount computed pursuant to 
paragraph (b) of this section. A partially regulated distributing plant 
that is subject to marketwide pooling of producer returns under a State 
government's milk classification and pricing program shall pay the 
amount computed pursuant to paragraph (c) of this section.
    (a) The payment under this paragraph shall be an amount resulting 
from the following computations:
    (1) From the plant's route disposition in the marketing area:
    (i) Subtract receipts of fluid milk products classified as Class I 
milk from pool plants, plants fully regulated under other Federal 
orders, and handlers described in Sec. 1000.9(c) and Sec. 1135.11 of 
this chapter, except those receipts subtracted under a similar provision 
of another Federal milk order;
    (ii) Subtract receipts of fluid milk products from another nonpool 
plant that is not a plant fully regulated under another Federal order to 
the extent that an equivalent amount of fluid milk products disposed of 
to the nonpool plant by handlers fully regulated under any Federal order 
is classified and priced as Class I milk and is not used as an offset 
for any payment obligation under any order; and

[[Page 96]]

    (iii) Subtract the pounds of reconstituted milk made from nonfluid 
milk products which are disposed of as route disposition in the 
marketing area;
    (2) For orders with multiple component pricing, compute a Class I 
differential price by subtracting Class III price from the current 
month's Class I price. Multiply the pounds remaining after the 
computation in paragraph (a)(1)(iii) of this section by the amount by 
which the Class I differential price exceeds the producer price 
differential, both prices to be applicable at the location of the 
partially regulated distributing plant except that neither the adjusted 
Class I differential price nor the adjusted producer price differential 
shall be less than zero;
    (3) For orders with skim milk and butterfat pricing, multiply the 
remaining pounds by the amount by which the Class I price exceeds the 
uniform price, both prices to be applicable at the location of the 
partially regulated distributing plant except that neither the adjusted 
Class I price nor the adjusted uniform price differential shall be less 
than the lowest announced class price; and
    (4) Unless the payment option described in paragraph (d) is 
selected, add the amount obtained from multiplying the pounds of labeled 
reconstituted milk included in paragraph (a)(1)(iii) of this section by 
any positive difference between the Class I price applicable at the 
location of the partially regulated distributing plant (less $1.00 if 
the reconstituted milk is labeled as such) and the Class IV price.
    (b) The payment under this paragraph shall be the amount resulting 
from the following computations:
    (1) Determine the value that would have been computed pursuant to 
Sec. --------.60 of the order for the partially regulated distributing 
plant if the plant had been a pool plant, subject to the following 
modifications:
    (i) Fluid milk products and bulk fluid cream products received at 
the plant from a pool plant, a plant fully regulated under another 
Federal order, and handlers described in Sec. 1000.9(c) and Sec. 1135.11 
of this chapter shall be allocated at the partially regulated 
distributing plant to the same class in which such products were 
classified at the fully regulated plant;
    (ii) Fluid milk products and bulk fluid cream products transferred 
from the partially regulated distributing plant to a pool plant or a 
plant fully regulated under another Federal order shall be classified at 
the partially regulated distributing plant in the class to which 
allocated at the fully regulated plant. Such transfers shall be 
allocated to the extent possible to those receipts at the partially 
regulated distributing plant from the pool plant and plants fully 
regulated under other Federal orders that are classified in the 
corresponding class pursuant to paragraph (b)(1)(i) of this section. Any 
such transfers remaining after the above allocation which are in Class I 
and for which a value is computed pursuant to Sec. --------.60 of the 
order for the partially regulated distributing plant shall be priced at 
the statistical uniform price or uniform price, whichever is applicable, 
of the respective order regulating the handling of milk at the receiving 
plant, with such statistical uniform price or uniform price adjusted to 
the location of the nonpool plant (but not to be less than the lowest 
announced class price of the respective order); and
    (iii) If the operator of the partially regulated distributing plant 
so requests, the handler's value of milk determined pursuant to Sec. --
------.60 of the order shall include a value of milk determined for each 
nonpool plant that is not a plant fully regulated under another Federal 
order which serves as a supply plant for the partially regulated 
distributing plant by making shipments to the partially regulated 
distributing plant during the month equivalent to the requirements of 
Sec. --------. 7(c) of the order subject to the following conditions:
    (A) The operator of the partially regulated distributing plant 
submits with its reports filed pursuant to Secs. --------.30(b) and ----
----.31(b) of the order similar reports for each such nonpool supply 
plant;
    (B) The operator of the nonpool plant maintains books and records 
showing the utilization of all skim milk and butterfat received at the 
plant which are made available if requested by the

[[Page 97]]

market administrator for verification purposes; and
    (C) The value of milk determined pursuant to Sec. --------.60 for 
the unregulated supply plant shall be determined in the same manner 
prescribed for computing the obligation of the partially regulated 
distributing plant; and
    (2) From the partially regulated distributing plant's value of milk 
computed pursuant to paragraph (b)(1) of this section, subtract:
    (i) The gross payments that were made for milk that would have been 
producer milk had the plant been fully regulated;
    (ii) If paragraph (b)(1)(iii) of this section applies, the gross 
payments by the operator of the nonpool supply plant for milk received 
at the plant during the month that would have been producer milk if the 
plant had been fully regulated; and
    (iii) The payments by the operator of the partially regulated 
distributing plant to the producer-settlement fund of another Federal 
order under which the plant is also a partially regulated distributing 
plant and, if paragraph (b)(1)(iii) of this section applies, payments 
made by the operator of the nonpool supply plant to the producer-
settlement fund of any order.
    (c) The operator of a partially regulated distributing plant that is 
subject to marketwide pooling of returns under a milk classification and 
pricing program that is imposed under the authority of a State 
government shall pay on or before the 25th day after the end of the 
month (except as provided in Sec. 1000.90) to the market administrator 
for the producer-settlement fund an amount computed as follows:
    After completing the computations described in paragraphs (a)(1)(i) 
and (ii) of this section, determine the value of the remaining pounds of 
fluid milk products disposed of as route disposition in the marketing 
area by multiplying the hundredweight of such pounds by the amount, if 
greater than zero, that remains after subtracting the State program's 
class prices applicable to such products at the plant's location from 
the Federal order Class I price applicable at the location of the plant.
    (d) Any handler may elect partially regulated distributing plant 
status for any plant with respect to receipts of nonfluid milk 
ingredients that are reconstituted for fluid use. Payments may be made 
to the producer-settlement fund of the order regulating the producer 
milk used to produce the nonfluid milk ingredients at the positive 
difference between the Class I price applicable under the other order at 
the location of the plant where the nonfluid milk ingredients were 
processed and the Class IV price. This payment option shall apply only 
if a majority of the total milk received at the plant that processed the 
nonfluid milk ingredients is regulated under one or more Federal orders 
and payment may only be made to the producer-settlement fund of the 
order pricing a plurality of the milk used to produce the nonfluid milk 
ingredients. This payment option shall not apply if the source of the 
nonfluid ingredients used in reconstituted fluid milk products cannot be 
determined by the market administrator.



Sec. 1000.77  Adjustment of accounts.

    Whenever audit by the market administrator of any handler's reports, 
books, records, or accounts, or other verification discloses errors 
resulting in money due the market administrator from a handler, or due a 
handler from the market administrator, or due a producer or cooperative 
association from a handler, the market administrator shall promptly 
notify such handler of any amount so due and payment thereof shall be 
made on or before the next date for making payments as set forth in the 
provisions under which the error(s) occurred.



Sec. 1000.78  Charges on overdue accounts.

    Any unpaid obligation due the market administrator, producers, or 
cooperative associations from a handler pursuant to the provisions of 
the order shall be increased 1.0 percent each month beginning with the 
day following the date such obligation was due under the order. Any 
remaining amount due shall be increased at the same rate on the 
corresponding day of each succeeding month until paid. The

[[Page 98]]

amounts payable pursuant to this section shall be computed monthly on 
each unpaid obligation and shall include any unpaid charges previously 
computed pursuant to this section. The late charges shall accrue to the 
administrative assessment fund. For the purpose of this section, any 
obligation that was determined at a date later than prescribed by the 
order because of a handler's failure to submit a report to the market 
administrator when due shall be considered to have been payable by the 
date it would have been due if the report had been filed when due.



  Subpart I--Administrative Assessment and Marketing Service Deduction



Sec. 1000.85  Assessment for order administration.

    On or before the payment receipt date specified under Sec. ------
--.71 of each Federal milk order each handler shall pay to the market 
administrator its pro rata share of the expense of administration of the 
order at a rate specified by the market administrator that is no more 
than 5 cents per hundredweight with respect to:
    (a) Receipts of producer milk (including the handler's own 
production) other than such receipts by a handler described in 
Sec. 1000.9(c) that were delivered to pool plants of other handlers;
    (b) Receipts from a handler described in Sec. 1000.9(c);
    (c) Receipts of concentrated fluid milk products from unregulated 
supply plants and receipts of nonfluid milk products assigned to Class I 
use pursuant to Sec. 1000.43(d) and other source milk allocated to Class 
I pursuant to Sec. 1000.44(a) (3) and (8) and the corresponding steps of 
Sec. 1000.44(b), except other source milk that is excluded from the 
computations pursuant to Sec. --------.60 (d) and (e) of parts 1005, 
1006, and 1007 of this chapter or Sec. --------.60 (h) and (i) of parts 
1001, 1030, 1032, 1033, 1124, 1126, 1131, and 1135 of this chapter; and
    (d) Route disposition in the marketing area from a partially 
regulated distributing plant that exceeds the skim milk and butterfat 
subtracted pursuant to Sec. 1000.76(a)(1) (i) and (ii).



Sec. 1000.86  Deduction for marketing services.

    (a) Except as provided in paragraph (b) of this section, each 
handler in making payments to producers for milk (other than milk of 
such handler's own production) pursuant to Sec. --------.73 of each 
Federal milk order shall deduct an amount specified by the market 
administrator that is no more than 7 cents per hundredweight and shall 
pay the amount deducted to the market administrator not later than the 
payment receipt date specified under Sec. --------.71 of each Federal 
milk order. The money shall be used by the market administrator to 
verify or establish weights, samples and tests of producer milk and 
provide market information for producers who are not receiving such 
services from a cooperative association. The services shall be performed 
in whole or in part by the market administrator or an agent engaged by 
and responsible to the market administrator.
    (b) In the case of producers for whom the market administrator has 
determined that a cooperative association is actually performing the 
services set forth in paragraph (a) of this section, each handler shall 
make deductions from the payments to be made to producers as may be 
authorized by the membership agreement or marketing contract between the 
cooperative association and the producers. On or before the 15th day 
after the end of the month (except as provided in Sec. 1000.90), such 
deductions shall be paid to the cooperative association rendering the 
services accompanied by a statement showing the amount of any deductions 
and the amount of milk for which the deduction was computed for each 
producer. These deductions shall be made in lieu of the deduction 
specified in paragraph (a) of this section.



                   Subpart J--Miscellaneous Provisions



Sec. 1000.90  Dates.

    If a date required for a payment contained in a Federal milk order 
falls on a Saturday, Sunday, or national holiday, such payment will be 
due on the

[[Page 99]]

next day that the market administrator's office is open for public 
business.



Secs. 1000.91-1000.92  [Reserved]



Sec. 1000.93  OMB control number assigned pursuant to the Paperwork Reduction Act.

    The information collection requirements contained in this part have 
been approved by the Office of Management and Budget (OMB) under the 
provisions of Title 44 U.S.C. chapter 35 and have been assigned OMB 
control number 0581-0032.



PART 1001--MILK IN THE NORTHEAST MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1001.1 General provisions.

                               Definitions

1001.2 Northeast marketing area.
1001.3 Route disposition.
1001.4 Plant.
1001.5 Distributing plant.
1001.6 Supply plant.
1001.7 Pool plant.
1001.8 Nonpool plant.
1001.9 Handler.
1001.10 Producer-handler.
1001.11 [Reserved]
1001.12 Producer.
1001.13 Producer milk.
1001.14 Other source milk.
1001.15 Fluid milk product.
1001.16 Fluid cream product.
1001.17 [Reserved]
1001.18 Cooperative association.
1001.19 Commercial food processing establishment.

                             Handler Reports

1001.30 Reports of receipts and utilization.
1001.31 Payroll reports.
1001.32 Other reports.

                         Classification of Milk

1001.40 Classes of utilization.
1001.41 [Reserved]
1001.42 Classification of transfers and diversions.
1001.43 General classification rules.
1001.44 Classification of producer milk.
1001.45 Market administrator's reports and announcements concerning 
          classification.

                              Class Prices

1001.50 Class prices, component prices, and advanced pricing factors.
1001.51 Class I differential and price.
1001.52 Adjusted Class I differentials.
1001.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1001.54 Equivalent price.

                       Producer Price Differential

1001.60 Handler's value of milk.
1001.61 Computation of producer price differential.
1001.62 Announcement of producer prices.

                            Payments for Milk

1001.70 Producer-settlement fund.
1001.71 Payments to the producer-settlement fund.
1001.72 Payments from the producer-settlement fund.
1001.73 Payments to producers and to cooperative associations.
1001.74 [Reserved]
1001.75 Plant location adjustments for producer milk and nonpool milk.
1001.76 Payments by a handler operating a partially regulated 
          distributing plant.
1001.77 Adjustment of accounts.
1001.78 Charges on overdue accounts.

        Administrative Assessment and Marketing Service Deduction

1001.85 Assessment for order administration.
1001.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 47954, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1001.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1001. In this part 1001, all references to sections 
in part 1000 refer to part 1000 of this chapter.

                               Definitions



Sec. 1001.2  Northeast marketing area.

    The marketing area means all the territory within the bounds of the 
following states and political subdivisions, including all piers, docks 
and wharves connected therewith and all craft moored thereat, and all 
territory

[[Page 100]]

occupied by government (municipal, State or Federal) reservations, 
installations, institutions, or other similar establishments if any part 
thereof is within any of the listed states or political subdivisions:

 Connecticut, Delaware, Massachusetts, New Hampshire, New Jersey, Rhode 
                Island, Vermont and District of Columbia

    All of the States of Connecticut, Delaware, Massachusetts, New 
Hampshire, New Jersey, Rhode Island, Vermont and the District of 
Columbia.

                            Maryland Counties

    All of the State of Maryland except the counties of Allegany and 
Garrett.

                New York Counties, Cities, and Townships

    All counties within the State of New York except Allegany, 
Cattaraugus, Chatauqua, Erie, Genessee, Livingston, Monroe, Niagara, 
Ontario, Orleans, Seneca, Wayne, and Wyoming; the townships of Conquest, 
Montezuma, Sterling and Victory in Cayuga County; the city of Hornell, 
and the townships of Avoca, Bath, Bradford, Canisteo, Cohocton, 
Dansville, Fremont, Pulteney, Hartsville, Hornellsville, Howard, 
Prattsburg, Urbana, Wayland, Wayne and Wheeler in Steuben County; and 
the townships of Italy, Middlesex, and Potter in Yates County.

                          Pennsylvania Counties

    Adams, Bucks, Chester, Cumberland, Dauphin, Delaware, Franklin, 
Fulton, Juniata, Lancaster, Lebanon, Montgomery, Perry, Philadelphia, 
and York.

                      Virginia Counties and Cities

    Arlington, Fairfax, Loudoun, and Prince William, and the cities of 
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.



Sec. 1001.3  Route disposition.

    See Sec. 1000.3.



Sec. 1001.4  Plant.

    (a) Except as provided in paragraph (b) of this section, plant means 
the land, buildings, facilities, and equipment constituting a single 
operating unit or establishment at which milk or milk products are 
received, processed, or packaged, including a facility described in 
paragraph (b)(2) of this section if the facility receives the milk of 
more than one dairy farmer.
    (b) Plant shall not include:
    (1) A separate building without stationary storage tanks that is 
used only as a reload point for transferring bulk milk from one tank 
truck to another or a separate building used only as a distribution 
point for storing packaged fluid milk products in transit for route 
disposition;
    (2) An on-farm facility operated as part of a single dairy farm 
entity for the separation of cream and skim milk or the removal of water 
from milk; or
    (3) Bulk reload points where milk is transferred from one tank truck 
to another while en route from dairy farmers' farms to a plant. If 
stationary storage tanks are used for transferring milk at the premises, 
the operator of the facility shall make an advance written request to 
the market administrator that the facility shall be treated as a reload 
point. The cooling of milk, collection of samples, and washing and 
sanitizing of tank trucks at the premises shall not disqualify it as a 
bulk reload point.



Sec. 1001.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1001.6  Supply plant.

    See Sec. 1000.6.



Sec. 1001.7  Pool plant.

    Pool plant means a plant, unit of plants, or system of plants as 
specified in paragraphs (a) through (f) of this section, but excluding a 
plant described in paragraph (h) of this section. The pooling standards 
described in paragraphs (c) and (f) of this section are subject to 
modification pursuant to paragraph (g) of this section.
    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this section or Sec. --------.7(b) of 
any other Federal milk order, from which during the month 25 percent or 
more of the total quantity of fluid milk products physically received at 
the plant (excluding concentrated milk received from another plant by 
agreement for other than Class I use) are disposed of as route 
disposition or are transferred in the form of packaged fluid milk 
products to other distributing plants. At least 25 percent of such route 
disposition and

[[Page 101]]

transfers must be to outlets in the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 25 percent of the total quantity of 
fluid milk products physically received at the plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) into ultra-pasteurized or aseptically-processed fluid 
milk products.
    (c) A supply plant from which fluid milk products are transferred or 
diverted to plants described in paragraph (a) or (b) of this section 
subject to the additional conditions described in this paragraph. In the 
case of a supply plant operated by a cooperative association handler 
described in Sec. 1000.9(c), fluid milk products that the cooperative 
delivers to pool plants directly from producers' farms shall be treated 
as if transferred from the cooperative association's plant for the 
purpose of meeting the shipping requirements of this paragraph.
    (1) During the months of August and December, such shipments must 
equal not less than 10 percent of the total quantity of milk that is 
received at the plant or diverted from it pursuant to Sec. 1001.13 
during the month;
    (2) During the months of September through November, such shipments 
must equal not less than 20 percent of the total quantity of milk that 
is received at the plant or diverted from it pursuant to Sec. 1001.13 
during the month;
    (3) A plant which meets the shipping requirements of this paragraph 
during each of the months of August through December shall be a pool 
plant during the following months of January through July unless the 
milk received at the plant fails to meet the requirements of a duly 
constituted regulatory agency, the plant fails to meet a shipping 
requirement instituted pursuant to paragraph (f) of this section, or the 
plant operator requests nonpool status for the plant. The shipping 
requirement for any plant which has not met the requirements of 
paragraphs (c)(1) and (c)(2) of this section must equal not less than 10 
percent of the total quantity of milk that is received at the plant or 
diverted from it pursuant to Sec. 1001.13 during each of the months of 
January through July in order for the plant to be a pool plant in each 
of those months;
    (4) If milk is delivered directly from producers' farms that are 
located outside of the states included in the marketing area or outside 
Maine or West Virginia, such producers must be grouped by state into 
reporting units and each reporting unit must independently meet the 
shipping requirements of this paragraph; and
    (5) Concentrated milk transferred from the supply plant to a 
distributing plant for an agreed-upon use other than Class I shall be 
excluded from the supply plant's shipments in computing the percentages 
in paragraphs (c)(1) and (2) of this section.
    (d) [Reserved]
    (e) Two or more plants that are located in the marketing area and 
operated by the same handler may qualify as a unit by meeting the total 
and in-area route distribution requirements specified in paragraph (a) 
of this section subject to the following additional requirements:
    (1) At least one of the plants in the unit qualifies as a pool plant 
pursuant to paragraph (a) of this section;
    (2) Other plants in the unit must process only Class I or Class II 
products and must be located in a pricing zone providing the same or a 
lower Class I price than the price applicable at the distributing plant 
included in the unit; and
    (3) A written request to form a unit, or to add or remove plants 
from a unit, or to cancel a unit, must be filed with the market 
administrator prior to the first day of the month for which unit 
formation is to be effective.
    (f) Two or more supply plants operated by the same handler, or by 
one or more cooperative associations, may qualify for pooling as a 
system of plants by meeting the applicable percentage requirements of 
paragraph (c) of this section in the same manner as a single plant 
subject to the following additional requirements:
    (1) A supply plant system will be effective for the period of August 
1 through July 31 of the following year. Written notification must be 
given to the market administrator listing the plants to be included in 
the system

[[Page 102]]

prior to the first day of July preceding the effective date of the 
system. The plants included in the system shall be listed in the 
sequence in which they shall qualify for pool plant status based on the 
minimum deliveries required. If the deliveries made are insufficient to 
qualify the entire system for pooling, the last listed plant shall be 
excluded from the system, followed by the plant next-to-last on the 
list, and continuing in this sequence until remaining listed plants have 
met the minimum shipping requirements; and
    (2) Each plant that qualifies as a pool plant within a system shall 
continue each month as a plant in the system through the following July 
unless the plant subsequently fails to qualify for pooling, the handler 
submits a written notification to the market administrator prior to the 
first day of the month that the plant be deleted from the system, or 
that the system be discontinued. Any plant that has been so deleted from 
the system, or that has failed to qualify as a pool plant in any month, 
will not be part of the system for the remaining months through July. 
For any system that qualifies in August, no plant may be added in any 
subsequent month through the following July unless the plant replaces 
another plant in the system that has ceased operations and the market 
administrator is notified of such replacement prior to the first day of 
the month for which it is to be effective.
    (g) The applicable shipping percentages of paragraphs (c) and (f) of 
this section may be increased or decreased by the market administrator 
if the market administrator finds that such adjustment is necessary to 
encourage needed shipments or to prevent uneconomic shipments. Before 
making such a finding, the market administrator shall investigate the 
need for adjustment either on the market administrator's own initiative 
or at the request of interested parties if the request is made in 
writing at least 15 days prior to the month for which the requested 
revision is desired effective. If the investigation shows that an 
adjustment of the shipping percentages might be appropriate, the market 
administrator shall issue a notice stating that an adjustment is being 
considered and invite data, views and arguments. Any decision to revise 
an applicable shipping percentage must be issued in writing at least one 
day before the effective date.
    (h) The term pool plant shall not apply to the following plants:
    (1) A producer-handler plant;
    (2) An exempt plant as defined in Sec. 1000.8(e);
    (3) A plant qualified pursuant to paragraph (a) of this section that 
is located within the marketing area if the plant also meets the pooling 
requirements of another Federal order and more than 50 percent of its 
route distribution has been in such other Federal order marketing area 
for 3 consecutive months;
    (4) A plant qualified pursuant to paragraph (a) of this section 
which is not located within any Federal order marketing area that meets 
the pooling requirements of another Federal order and has had greater 
route disposition in such other Federal order's marketing area for 3 
consecutive months;
    (5) A plant qualified pursuant to paragraph (a) of this section that 
is located in another Federal order marketing area if the plant meets 
the pooling requirements of such other Federal order and does not have a 
majority of its route distribution in this marketing area for 3 
consecutive months or if the plant is required to be regulated under 
such other Federal order without regard to its route disposition in any 
other Federal order marketing area;
    (6) A plant qualified pursuant to paragraph (c) of this section 
which also meets the pooling requirements of another Federal order and 
from which greater qualifying shipments are made to plants regulated 
under the other Federal order than are made to plants regulated under 
the order in this part, or the plant has automatic pooling status under 
the other Federal order; and
    (7) That portion of a pool plant designated as a ``nonpool plant'' 
that is physically separate and operated separately from the pool 
portion of such plant. The designation of a portion of a regulated plant 
as a nonpool plant must be requested in writing by the handler and must 
be approved by the market administrator.

[[Page 103]]



Sec. 1001.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1001.9  Handler.

    See Sec. 1000.9.



Sec. 1001.10  Producer-handler.

    Producer-handler means a person who:
    (a) Operates a dairy farm and a distributing plant from which there 
is monthly route disposition in the marketing area during the month;
    (b) Receives milk solely from own farm production or receives milk 
that is fully subject to the pricing and pooling provisions of this or 
any other Federal order;
    (c) Receives at its plant or acquires for route disposition no more 
than 150,000 pounds of fluid milk products from handlers fully regulated 
under any Federal order. This limitation shall not apply if the 
producer-handler's own farm production is less than 150,000 pounds 
during the month;
    (d) Disposes of no other source milk as Class I milk except by 
increasing the nonfat milk solids content of the fluid milk products; 
and
    (e) Provides proof satisfactory to the market administrator that the 
care and management of the dairy animals and other resources necessary 
to produce all Class I milk handled (excluding receipts from handlers 
fully regulated under any Federal order) and the processing and 
packaging operations are the producer-handler's own enterprise and at 
its own risk.



Sec. 1001.11  [Reserved]



Sec. 1001.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
(or components of milk) is:
    (1) Received at a pool plant directly from the producer or diverted 
by the plant operator in accordance with Sec. 1001.13; or
    (2) Received by a handler described in Sec. 1000.9(c).
    (b) Producer shall not include a dairy farmer described in 
paragraphs (b)(1) through (6) of this section. A dairy farmer described 
in paragraphs (b)(5) or (6) of this section shall be known as a dairy 
farmer for other markets.
    (1) A producer-handler as defined in any Federal order;
    (2) A dairy farmer whose milk is received at an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1001.13(d);
    (3) A dairy farmer whose milk is received by diversion at a pool 
plant from a handler regulated under another Federal order if the other 
Federal order designates the dairy farmer as a producer under that order 
and that milk is allocated by request to a utilization other than Class 
I;
    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another Federal order with respect to that portion 
of the milk so diverted that is assigned to Class I under the provisions 
of such other order;
    (5) For any month of December through June, any dairy farmer whose 
milk is received at a pool plant or by a cooperative association handler 
described in Sec. 1000.9(c) if the pool plant operator or the 
cooperative association caused milk from the same farm to be delivered 
to any plant as other than producer milk, as defined under the order in 
this part or any other Federal milk order, during the same month, either 
of the 2 preceding months, or during any of the preceding months of July 
through November; and
    (6) For any month of July through November, any dairy farmer whose 
milk is received at a pool plant or by a cooperative association handler 
described in Sec. 1000.9(c) if the pool plant operator or the 
cooperative association caused milk from the same farm to be delivered 
to any plant as other than producer milk, as defined under the order in 
this part or any other Federal milk order, during the same month.



Sec. 1001.13  Producer milk.

    Producer milk means the skim milk (or the skim equivalent of 
components of skim milk) and butterfat contained in milk of a producer 
that is:
    (a) Received by the operator of a pool plant directly from a 
producer or from a handler described in Sec. 1000.9(c). Any

[[Page 104]]

milk which is picked up from the producer's farm in a tank truck under 
the control of the operator of a pool plant or a handler described in 
Sec. 1000.9(c) but which is not received at a plant until the following 
month shall be considered as having been received by the handler during 
the month in which it is picked up at the farm. All milk received 
pursuant to this paragraph shall be priced at the location of the plant 
where it is first physically received;
    (b) Received by the operator of a pool plant or a handler described 
in Sec. 1000.9(c) in excess of the quantity delivered to pool plants 
subject to the following conditions:
    (1) The producers whose farms are outside of the states included in 
the marketing area and outside the states of Maine or West Virginia 
shall be organized into state units and each such unit shall be reported 
separately; and
    (2) For pooling purposes, each reporting unit must satisfy the 
shipping standards specified for a supply plant pursuant to 
Sec. 1001.7(c);
    (c) Diverted by a proprietary pool plant operator to another pool 
plant. Milk so diverted shall be priced at the location of the plant to 
which diverted; or
    (d) Diverted by the operator of a pool plant or by a handler 
described in Sec. 1000.9(c) to a nonpool plant, subject to the following 
conditions:
    (1) Milk of a dairy farmer shall not be eligible for diversion 
unless milk of such dairy farmer was physically received as producer 
milk at a pool plant and the dairy farmer has continuously retained 
producer status since that time. If a dairy farmer loses producer status 
under the order in this part (except as a result of a temporary loss of 
Grade A approval), the dairy farmer's milk shall not be eligible for 
diversion until milk of the dairy farmer has been physically received as 
producer milk at a pool plant; and
    (2) Diverted milk shall be priced at the location of the plant to 
which diverted.



Sec. 1001.14  Other source milk.

    See Sec. 1000.14.



Sec. 1001.15  Fluid milk product.

    See Sec. 1000.15.



Sec. 1001.16  Fluid cream product.

    See Sec. 1000.16.



Sec. 1001.17  [Reserved]



Sec. 1001.18  Cooperative association.

    See Sec. 1000.18.



Sec. 1001.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1001.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator's 
office receives the report on or before the 9th day after the end of the 
month, in the detail and on prescribed forms, as follows:
    (a) Each pool plant operator shall report for each of its operations 
the following information:
    (1) Product pounds, pounds of butterfat, pounds of protein, and 
pounds of nonfat solids other than protein (other solids) contained in 
or represented by:
    (i) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c); and
    (ii) Receipts of milk from handlers described in Sec. 1000.9(c);
    (2) Product pounds and pounds of butterfat contained in:
    (i) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (ii) Receipts of other source milk; and
    (iii) Inventories at the beginning and end of the month of fluid 
milk products and bulk fluid cream products;
    (3) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph; and
    (4) Such other information with respect to the receipts and 
utilization of skim milk, butterfat, milk protein, and other nonfat 
solids as the market administrator may prescribe.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for

[[Page 105]]

reports required by paragraph (a) of this section. Receipts of milk that 
would have been producer milk if the plant had been fully regulated 
shall be reported in lieu of producer milk. The report shall show also 
the quantity of any reconstituted skim milk in route disposition in the 
marketing area.
    (c) Each handler described in Sec. 1000.9(c) shall report:
    (1) The product pounds, pounds of butterfat, pounds of protein, and 
the pounds of solids-not-fat other than protein (other solids) contained 
in receipts of milk from producers; and
    (2) The utilization or disposition of such receipts.
    (d) Each handler not specified in paragraph (a) or (b) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1001.31  Payroll reports.

    (a) On or before the 22nd day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1001.7 and each 
handler described in Sec. 1000.9(c) shall report to the market 
administrator its producer payroll for the month, in detail prescribed 
by the market administrator, showing for each producer the information 
specified in Sec. 1001.73(e).
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in the same manner as prescribed for reports required by 
paragraph (a) of this section.



Sec. 1001.32  Other reports.

    In addition to the reports required pursuant to Secs. 1001.30 and 
1001.31, each handler shall report any information the market 
administrator deems necessary to verify or establish each handler's 
obligation under the order.

                         Classification of Milk



Sec. 1001.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1001.41  [Reserved]



Sec. 1001.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1001.43  General classification rules.

    See Sec. 1000.43.



Sec. 1001.44  Classification of producer milk.

    See Sec. 1000.44.



Sec. 1001.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

                              Class Prices



Sec. 1001.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1001.51  Class I differential and price.

    The Class I differential shall be the differential established for 
Suffolk County, Massachusetts, which is reported in Sec. 1000.52. The 
Class I price shall be the price computed pursuant to Sec. 1000.50(a) 
for Suffolk County, Massachusetts.



Sec. 1001.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1001.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.



Sec. 1001.54  Equivalent price.

    See Sec. 1000.54.

                       Producer Price Differential



Sec. 1001.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants and of each handler described in Sec. 1000.9(c) with respect to 
milk that was not received at a pool plant by adding the amounts 
computed in paragraphs (a) through (h) of this section and subtracting 
from

[[Page 106]]

that total amount the value computed in paragraph (i) of this section. 
Unless otherwise specified, the skim milk, butterfat, and the combined 
pounds of skim milk and butterfat referred to in this section shall 
result from the steps set forth in Sec. 1000.44(a), (b), and (c), 
respectively, and the nonfat components of producer milk in each class 
shall be based upon the proportion of such components in producer skim 
milk. Receipts of nonfluid milk products that are distributed as labeled 
reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76(a)(4) or (d) 
shall be excluded from pricing under this section.
    (a) Class I value. (1) Multiply the pounds of skim milk in Class I 
by the Class I skim milk price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class I by the Class I butterfat price.
    (b) Class II value. (1) Multiply the pounds of nonfat solids in 
Class II skim milk by the Class II nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class II times the Class II butterfat price.
    (c) Class III value. (1) Multiply the pounds of protein in Class III 
skim milk by the protein price;
    (2) Add an amount obtained by multiplying the pounds of other solids 
in Class III skim milk by the other solids price; and
    (3) Add an amount obtained by multiplying the pounds of butterfat in 
Class III by the Class III butterfat price.
    (d) Class IV value. (1) Multiply the pounds of nonfat solids in 
Class IV skim milk by the nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class IV by the Class IV butterfat price.
    (e) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) and the corresponding step 
of Sec. 1000.44(b) by the skim milk prices and butterfat prices 
applicable to each class.
    (f) Multiply the difference between the current month's Class I, II, 
or III price, as the case may be, and the Class IV price for the 
preceding month by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (g) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat 
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from a plant regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants.
    (h) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in receipts of concentrated fluid milk products assigned to 
Class I pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an equivalent amount of skim milk or butterfat 
disposed of to such plant by handlers fully regulated under any Federal 
milk order is classified and priced as Class I milk and is not used as 
an offset for any other payment obligation under any order.
    (i) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).

[64 FR 47954, Sept. 1, 1999, as amended at 65 FR 82834, Dec. 28, 2000]

[[Page 107]]



Sec. 1001.61  Computation of producer butterfat price and producer price differential.

    For each month, the market administrator shall compute a producer 
butterfat price per pound of butterfat and a producer price differential 
per hundredweight for producer milk receipts. The report of any handler 
who has not made payments required pursuant to Sec. 1001.71 for the 
preceding month shall not be included in the computation of these 
prices, and such handler's report shall not be included in the 
computation for succeeding months until the handler has made full 
payment of outstanding monthly obligations. Subject to the 
aforementioned conditions, the market administrator shall compute the 
producer butterfat price and the producer price differential in the 
following manner:
    (a) Producer butterfat price. The producer butterfat price per 
pound, rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1001.60(h) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and
    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Producer price differential. (1) Combine into one total the 
values computed pursuant to Sec. 1001.60 for all handlers required to 
file reports prescribed in Sec. 1001.30;
    (2) Subtract the total of the values obtained:
    (i) By multiplying the total pounds of protein, other solids, and 
butterfat contained in each handler's producer milk for which an 
obligation was computed pursuant to Sec. 1001.60(a) through (g) and 
Sec. 1001.60(i) by the protein price, other solids price, and producer 
butterfat price, respectively;
    (ii) By multiplying each handler's pounds of skim milk and butterfat 
for which a value is computed pursuant to Sec. 1001.60(h) by the Class 
III skim milk price and the producer butterfat price, respectively;
    (3) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1001.75;
    (4) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total hundredweight of producer milk; and
    (ii) The total hundredweight for which a value is computed pursuant 
to Sec. 1001.60(h); and
    (6) Subtract not less than 4 cents nor more than 5 cents from the 
price computed pursuant to paragraph (b)(5) of this section. The result 
shall be known as the producer price differential for the month.

[65 FR 82834, Dec. 28, 2000]



Sec. 1001.62  Announcement of producer prices.

    On or before the 13th day after the end of the month, the market 
administrator shall announce the following prices and information:
    (a) The producer price differential;
    (b) The protein price;
    (c) The nonfat solids price;
    (d) The other solids price;
    (e) The producer butterfat price;
    (f) The average butterfat, protein, nonfat solids, and other solids 
content of producer milk; and
    (g) The statistical uniform price computed by adding the following 
values:
    (1) The Class III skim milk price computed in Sec. 1000.50(i) 
multiplied by .965;
    (2) The producer butterfat price computed in Sec. 1001.61(a) 
multiplied by 3.5; and
    (3) The producer price differential computed in Sec. 1001.61(b).

[64 FR 47954, Sept. 1, 1999, as amended at 65 FR 82834, Dec. 28, 2000]

[[Page 108]]

                            Payments for Milk



Sec. 1001.70  Producer-settlement fund.

    See Sec. 1000.70.



Sec. 1001.71  Payments to the producer-settlement fund.

    Each handler shall make payment to the producer-settlement fund in a 
manner that provides receipt of the funds by the market administrator no 
later than the 15th day after the end of the month (except as provided 
in Sec. 1000.90). Payment shall be the amount, if any, by which the 
amount specified in paragraph (a) of this section exceeds the amount 
specified in paragraph (b) of this section:
    (a) The total value of milk to the handler for the month as 
determined pursuant to Sec. 1001.60.
    (b) The sum of:
    (1) An amount obtained by multiplying the total hundredweight of 
producer milk as determined pursuant to Sec. 1000.44(c) by the producer 
price differential as adjusted pursuant to Sec. 1001.75;
    (2) An amount obtained by multiplying the total pounds of protein, 
other solids, and butterfat contained in producer milk by the protein, 
other solids, and producer butterfat prices respectively; and
    (3) An amount obtained by multiplying the hundredweight, the pounds 
of skim milk, and the pounds of butterfat for which a value was computed 
pursuant to Sec. 1001.60(h) by the producer price differential, the 
Class III skim milk price, and the producer butterfat price, 
respectively, as adjusted pursuant to Sec. 1001.75 applicable at the 
location of the plant from which received.

[64 FR 47954, Sept. 1, 1999, as amended at 65 FR 82834, Dec. 28, 2000]



Sec. 1001.72  Payments from the producer-settlement fund.

    No later than the 16th day after the end of each month (except as 
provided in Sec. 1000.90), the market administrator shall pay to each 
handler the amount, if any, by which the amount computed pursuant to 
Sec. 1001.71(b) exceeds the amount computed pursuant to Sec. 1001.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1001.73  Payments to producers and to cooperative associations.

    (a) Each handler that is not paying a cooperative association for 
producer milk shall pay each producer as follows:
    (1) Partial payment. For each producer who has not discontinued 
shipments as of the 23rd day of the month, payment shall be made so that 
it is received by the producer on or before the 26th day of the month 
(except as provided in Sec. 1000.90) for milk received during the first 
15 days of the month at not less than the lowest announced class price 
for the preceding month, less proper deductions authorized in writing by 
the producer.
    (2) Final payment. For milk received during the month, payment shall 
be made so that it is received by each producer no later than the day 
after the payment date required in Sec. 1001.72 in an amount computed as 
follows:
    (i) Multiply the hundredweight of producer milk received by the 
producer price differential for the month as adjusted pursuant to 
Sec. 1001.75;
    (ii) Multiply the pounds of butterfat received by the producer 
butterfat price for the month;
    (iii) Multiply the pounds of protein received by the protein price 
for the month;
    (iv) Multiply the pounds of other solids received by the other 
solids price for the month; and
    (v) Add the amounts computed in paragraphs (a)(2)(i) through (iv) of 
this section, and from that sum:
    (A) Subtract the partial payment made pursuant to paragraph (a)(1) 
of this section;
    (B) Subtract the deduction for marketing services pursuant to 
Sec. 1000.86;
    (C) Add or subtract for errors made in previous payments to the 
producer; and
    (D) Subtract proper deductions authorized in writing by the 
producer.
    (b) One day before partial and final payments are due pursuant to 
paragraph (a) of this section, each handler

[[Page 109]]

shall pay a cooperative association for milk received as follows:
    (1) Partial payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk (including the 
milk of producers who are not members of such association and who the 
market administrator determines have authorized the cooperative 
association to collect payment for their milk) received during the first 
15 days of the month from a cooperative association in any capacity, 
except as the operator of a pool plant, the payment shall be equal to 
the hundredweight of milk received multiplied by the lowest announced 
class price for the preceding month.
    (2) Partial payment to a cooperative association for milk 
transferred from its pool plant. For bulk milk/skimmed milk products 
received during the first 15 days of the month from a cooperative 
association in its capacity as the operator of a pool plant, the partial 
payment shall be at the pool plant operator's estimated use value of the 
milk using the most recent class prices available at the receiving 
plant's location.
    (3) Final payment to a cooperative association for milk transferred 
from its pool plant. Following the classification of bulk fluid milk 
products and bulk fluid cream products received during the month from a 
cooperative association in its capacity as the operator of a pool plant, 
the final payment for such receipts shall be determined as follows:
    (i) Multiply the hundredweight of Class I skim milk by the Class I 
skim milk price for the month at the receiving plant;
    (ii) Multiply the pounds of Class I butterfat by the Class I 
butterfat price for the month at the receiving plant;
    (iii) Multiply the pounds of nonfat solids in Class II skim milk by 
the Class II nonfat solids price;
    (iv) Multiply the pounds of butterfat in Class II times the Class II 
butterfat price;
    (v) Multiply the pounds of nonfat solids in Class IV milk by the 
nonfat solids price for the month;
    (vi) Multiply the pounds of butterfat in Class III and IV milk by 
the respective butterfat prices for the month;
    (vii) Multiply the pounds of protein in Class III milk by the 
protein price for the month;
    (viii) Multiply the pounds of other solids in Class III milk by the 
other solids price for the month; and
    (ix) Add together the amounts computed in paragraphs (b)(3)(i) 
through (viii) of this section and from that sum deduct any payment made 
pursuant to paragraph (b)(2) of this section.
    (4) Final payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk received from a 
cooperative association during the month, including the milk of 
producers who are not members of such association and who the market 
administrator determines have authorized the cooperative association to 
collect payment for their milk, the final payment for such milk shall be 
an amount equal to the sum of the individual payments otherwise payable 
for such milk pursuant to paragraph (a)(2) of this section.
    (c) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1001.72 by the payment date specified in 
paragraph (a) or (b) of this section, the handler may reduce payments 
pursuant to paragraphs (a) and (b) of this section, but by not more than 
the amount of the underpayment. The payments shall be completed on the 
next scheduled payment date after receipt of the balance due from the 
market administrator.
    (d) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or cannot be located, or 
because the cooperative association or its lawful successor or assignee 
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates 
and pays the producer or a lawful claimant, or in the event that the 
handler no longer exists and a lawful claim is later established, the 
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant as the case may 
be.
    (e) In making payments to producers pursuant to this section, each 
pool plant operator shall furnish each producer, except a producer whose 
milk

[[Page 110]]

was received from a cooperative association handler described in 
Sec. 1000.9(a) or (c), a supporting statement in such form that it may 
be retained by the recipient which shall show:
    (1) The name, address, Grade A identifier assigned by a duly 
constituted regulatory agency, and the payroll number of the producer;
    (2) The month and dates that milk was received from the producer, 
including the daily and total pounds of milk received;
    (3) The total pounds of butterfat, protein, and other solids 
contained in the producer's milk;
    (4) The minimum rate or rates at which payment to the producer is 
required pursuant to the order in this part;
    (5) The rate used in making payment if the rate is other than the 
applicable minimum rate;
    (6) The amount, or rate per hundredweight, or rate per pound of 
component, and the nature of each deduction claimed by the handler; and
    (7) The net amount of payment to the producer or cooperative 
association.

[64 FR 47954, Sept. 1, 1999, as amended at 65 FR 32010, May 22, 2000; 65 
FR 82835, Dec. 28, 2000]



Sec. 1001.74  [Reserved]



Sec. 1001.75  Plant location adjustments for producer milk and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1001.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the payments required pursuant to Secs. 1001.73 and 
1000.76.



Sec. 1001.76  Payments by a handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1001.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1001.78  Charges on overdue accounts.

    See Sec. 1000.78.

        Administrative Assessment and Marketing Service Deduction



Sec. 1001.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1001.86  Deduction for marketing services.

    See Sec. 1000.86.

                       PARTS 1002-1004 [RESERVED]



PART 1005--MILK IN THE APPALACHIAN MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1005.1 General provisions.

                               Definitions

1005.2 Appalachian marketing area.
1005.3 Route disposition.
1005.4 Plant.
1005.5 Distributing plant.
1005.6 Supply plant.
1005.7 Pool plant.
1005.8 Nonpool plant.
1005.9 Handler.
1005.10 Producer-handler.
1005.11 [Reserved]
1005.12 Producer.
1005.13 Producer milk.
1005.14 Other source milk.
1005.15 Fluid milk product.
1005.16 Fluid cream product.
1005.17 [Reserved]
1005.18 Cooperative association.
1005.19 Commercial food processing establishment.

                             Handler Reports

1005.30 Reports of receipts and utilization.
1005.31 Payroll reports.
1005.32 Other reports.

                         Classification of Milk

1005.40 Classes of utilization.
1005.41 [Reserved]
1005.42 Classification of transfers and diversions.
1005.43 General classification rules.
1005.44 Classification of producer milk.
1005.45 Market administrator's reports and announcements concerning 
          classification.

[[Page 111]]

                              Class Prices

1005.50 Class prices, component prices, and advanced pricing factors.
1005.51 Class I differential and price.
1005.52 Adjusted Class I differentials.
1005.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1005.54 Equivalent price.

                             Uniform Prices

1005.60 Handler's value of milk.
1005.61 Computation of uniform prices.
1005.62 Announcement of uniform prices.

                            Payments for Milk

1005.70 Producer-settlement fund.
1005.71 Payments to the producer-settlement fund.
1005.72 Payments from the producer-settlement fund.
1005.73 Payments to producers and to cooperative associations.
1005.74 [Reserved]
1005.75 Plant location adjustments for producer milk and nonpool milk.
1005.76 Payments by a handler operating a partially regulated 
          distributing plant.
1005.77 Adjustment of accounts.
1005.78 Charges on overdue accounts.

                       Marketwide Service Payments

1005.80 Transportation credit balancing fund.
1005.81 Payments to the transportation credit balancing fund.
1005.82 Payments from the transportation credit balancing fund.

        Administrative Assessment and Marketing Service Deduction

1005.85 Assessment for order administration.
1005.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 47960, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1005.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1005. In this part 1005, all references to sections 
in part 1000 refer to part 1000 of this chapter.

                               Definitions



Sec. 1005.2  Appalachian marketing area.

    The marketing area means all the territory within the bounds of the 
following states and political subdivisions, including all piers, docks 
and wharves connected therewith and all craft moored thereat, and all 
territory occupied by government (municipal, State or Federal) 
reservations, installations, institutions, or other similar 
establishments if any part thereof is within any of the listed states or 
political subdivisions:

                            Georgia Counties

    Catoosa, Chattooga, Dade, Fannin, Murray, Walker, and Whitfield.

                            Indiana Counties

    Clark, Crawford, Daviess, Dubois, Floyd, Gibson, Greene, Harrison, 
Knox, Martin, Orange, Perry, Pike, Posey, Scott, Spencer, Sullivan, 
Vanderburgh, Warrick, and Washington.

                            Kentucky Counties

    Adair, Anderson, Bath, Bell, Bourbon, Boyle, Breathitt, 
Breckinridge, Bullitt, Butler, Carroll, Carter, Casey, Clark, Clay, 
Clinton, Cumberland, Daviess, Edmonson, Elliott, Estill, Fayette, 
Fleming, Franklin, Gallatin, Garrard, Grayson, Green, Hancock, Hardin, 
Harlan, Hart, Henderson, Henry, Hopkins, Jackson, Jefferson, Jessamine, 
Knott, Knox, Larue, Laurel, Lee, Leslie, Letcher, Lincoln, Madison, 
Marion, McCreary, McLean, Meade, Menifee, Mercer, Montgomery, Morgan, 
Muhlenberg, Nelson, Nicholas, Ohio, Oldham, Owen, Owsley, Perry, Powell, 
Pulaski, Rockcastle, Rowan, Russell, Scott, Shelby, Spencer, Taylor, 
Trimble, Union, Washington, Wayne, Webster, Whitley, Wolfe, and 
Woodford.

                    North Carolina and South Carolina

    All of the States of North Carolina and South Carolina.

                           Tennessee Counties

    Anderson, Blount, Bradley, Campbell, Carter, Claiborne, Cocke, 
Cumberland, Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, 
Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, 
Polk, Rhea, Roane, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union, 
and Washington.

[[Page 112]]

                      Virginia Counties and Cities

    Buchanan, Dickenson, Lee, Russell, Scott, Tazewell, Washington, and 
Wise; and the cities of Bristol and Norton.

                         West Virginia Counties

    McDowell and Mercer.



Sec. 1005.3  Route disposition.

    See Sec. 1000.3.



Sec. 1005.4  Plant.

    See Sec. 1000.4.



Sec. 1005.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1005.6  Supply plant.

    See Sec. 1000.6.



Sec. 1005.7  Pool plant.

    Pool plant means a plant specified in paragraphs (a) through (d) of 
this section, or a unit of plants as specified in paragraph (e) of this 
section, but excluding a plant specified in paragraph (g) of this 
section. The pooling standards described in paragraphs (c) and (d) of 
this section are subject to modification pursuant to paragraph (f) of 
this section:
    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this section or Sec. --------.7(b) of 
any other Federal milk order, from which during the month 50 percent or 
more of the fluid milk products physically received at such plant 
(excluding concentrated milk received from another plant by agreement 
for other than Class I use) are disposed of as route disposition or are 
transferred in the form of packaged fluid milk products to other 
distributing plants. At least 25 percent of such route disposition and 
transfers must be to outlets in the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 50 percent of the total quantity of 
fluid milk products physically received at the plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) into ultra-pasteurized or aseptically-processed fluid 
milk products.
    (c) A supply plant from which 50 percent or more of the total 
quantity of milk that is physically received during the month from dairy 
farmers and handlers described in Sec. 1000.9(c), including milk that is 
diverted from the plant, is transferred to pool distributing plants. 
Concentrated milk transferred from the supply plant to a distributing 
plant for an agreed-upon use other than Class I shall be excluded from 
the supply plant's shipments in computing the plant's shipping 
percentage.
    (d) A plant located within the marketing area or in the State of 
Virginia that is operated by a cooperative association if pool plant 
status under this paragraph is requested for such plant by the 
cooperative association and during the month at least 60 percent of the 
producer milk of members of such cooperative association is delivered 
directly from farms to pool distributing plants or is transferred to 
such plants as a fluid milk product (excluding concentrated milk 
transferred to a distributing plant for an agreed-upon use other than 
Class I) from the cooperative's plant.
    (e) Two or more plants operated by the same handler and that are 
located within the marketing area may qualify for pool status as a unit 
by meeting the total and in-area route disposition requirements 
specified in paragraph (a) of this section and the following additional 
requirements:
    (1) At least one of the plants in the unit must qualify as a pool 
plant pursuant to paragraph (a) of this section;
    (2) Other plants in the unit must process only Class I or Class II 
products and must be located in a pricing zone providing the same or a 
lower Class I price than the price applicable at the distributing plant 
included in the unit pursuant to paragraph (e)(1) of this section; and
    (3) A written request to form a unit, or to add or remove plants 
from a unit, must be filed with the market administrator prior to the 
first day of the month for which it is to be effective.
    (f) The applicable shipping percentages of paragraphs (c) and (d) of 
this section may be increased or decreased by the market administrator 
if the market administrator finds that such adjustment is necessary to 
encourage needed shipments or to prevent uneconomic shipments. Before 
making such

[[Page 113]]

a finding, the market administrator shall investigate the need for 
adjustment either on the market administrator's own initiative or at the 
request of interested parties if the request is made in writing at least 
15 days prior to the date for which the requested revision is desired 
effective. If the investigation shows that an adjustment of the shipping 
percentages might be appropriate, the market administrator shall issue a 
notice stating that an adjustment is being considered and invite data, 
views and arguments. Any decision to revise an applicable shipping 
percentage must be issued in writing at least one day before the 
effective date.
    (g) The term pool plant shall not apply to the following plants:
    (1) A producer-handler plant;
    (2) An exempt plant as defined in Sec. 1000.8(e);
    (3) A plant qualified pursuant to paragraph (a) of this section 
which is not located within any Federal order marketing area, meets the 
pooling requirements of another Federal order, and has had greater route 
disposition in such other Federal order marketing area for 3 consecutive 
months;
    (4) A plant qualified pursuant to paragraph (a) of this section 
which is located in another Federal order marketing area, meets the 
pooling standards of the other Federal order, and has not had a majority 
of its route disposition in this marketing area for 3 consecutive months 
or is locked into pool status under such other Federal order without 
regard to its route disposition in any other Federal order marketing 
area;
    (5) A plant qualified pursuant to paragraph (c) of this section 
which also meets the pooling requirements of another Federal order and 
from which greater qualifying shipments are made to plants regulated 
under such other order than are made to plants regulated under the order 
in this part, or such plant has automatic pooling status under such 
other order; and
    (6) That portion of a pool plant designated as a ``nonpool plant'' 
that is physically separate and operated separately from the pool 
portion of such plant. The designation of a portion of a regulated plant 
as a nonpool plant must be requested in writing by the handler and must 
be approved by the market administrator.



Sec. 1005.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1005.9  Handler.

    See Sec. 1000.9.



Sec. 1005.10  Producer-handler.

    Producer-handler means a person who:
    (a) Operates a dairy farm and a distributing plant from which there 
is monthly route disposition in the marketing area;
    (b) Receives no fluid milk products, and acquires no fluid milk 
products for route disposition, from sources other than own farm 
production;
    (c) Disposes of no other source milk as Class I milk except by 
increasing the nonfat milk solids content of the fluid milk products 
received from own farm production; and
    (d) Provides proof satisfactory to the market administrator that the 
care and management of the dairy animals and other resources necessary 
to produce all Class I milk handled, and the processing and packaging 
operations are the producer-handler's own enterprise and are operated at 
the producer-handler's own risk.



Sec. 1005.11  [Reserved]



Sec. 1005.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
(or components of milk) is:
    (1) Received at a pool plant directly from the producer or diverted 
by the plant operator in accordance with Sec. 1005.13; or
    (2) Received by a handler described in Sec. 1000.9(c).
    (b) Producer shall not include:
    (1) A producer-handler as defined in any Federal order;
    (2) A dairy farmer whose milk is received at an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1005.13(d);
    (3) A dairy farmer whose milk is received by diversion at a pool 
plant

[[Page 114]]

from a handler regulated under another Federal order if the other 
Federal order designates the dairy farmer as a producer under that order 
and that milk is allocated by request to a utilization other than Class 
I; and
    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another order with respect to that portion of the 
milk so diverted that is assigned to Class I under the provisions of 
such other order.



Sec. 1005.13  Producer milk.

    Producer milk means the skim milk (or the skim equivalent of 
components of skim milk) and butterfat contained in milk of a producer 
that is:
    (a) Received by the operator of a pool plant directly from a 
producer or a handler described in Sec. 1000.9(c). All milk received 
pursuant to this paragraph shall be priced at the location of the plant 
where it is first physically received;
    (b) Received by a handler described in Sec. 1000.9(c) in excess of 
the quantity delivered to pool plants;
    (c) Diverted by a pool plant operator to another pool plant. Milk so 
diverted shall be priced at the location of the plant to which diverted; 
or
    (d) Diverted by the operator of a pool plant or a handler described 
in Sec. 1000.9(c) to a nonpool plant, subject to the following 
conditions:
    (1) In any month of July through December, not less than 6 days' 
production of the producer whose milk is diverted is physically received 
at a pool plant during the month;
    (2) In any month of January through June, not less than 2 days' 
production of the producer whose milk is diverted is physically received 
at a pool plant during the month;
    (3) The total quantity of milk so diverted during the month by a 
cooperative association shall not exceed 25 percent during the months of 
July through November, January, and February, and 40 percent during the 
months of December and March through June, of the producer milk that the 
cooperative association caused to be delivered to, and physically 
received at, pool plants during the month;
    (4) The operator of a pool plant that is not a cooperative 
association may divert any milk that is not under the control of a 
cooperative association that diverts milk during the month pursuant to 
paragraph (d) of this section. The total quantity of milk so diverted 
during the month shall not exceed 25 percent during the months of July 
through November, January, and February, and 40 percent during the 
months of December and March through June, of the producer milk 
physically received at such plant (or such unit of plants in the case of 
plants that pool as a unit pursuant to Sec. 1005.7(d)) during the month, 
excluding the quantity of producer milk received from a handler 
described in Sec. 1000.9(c);
    (5) Any milk diverted in excess of the limits prescribed in 
paragraphs (d)(3) and (4) of this section shall not be producer milk. If 
the diverting handler or cooperative association fails to designate the 
dairy farmers' deliveries that will not be producer milk, no milk 
diverted by the handler or cooperative association shall be producer 
milk;
    (6) Diverted milk shall be priced at the location of the plant to 
which diverted; and
    (7) The delivery day requirements and the diversion percentages in 
paragraphs (d)(1) through (4) of this section may be increased or 
decreased by the market administrator if the market administrator finds 
that such revision is necessary to assure orderly marketing and 
efficient handling of milk in the marketing area. Before making such a 
finding, the market administrator shall investigate the need for the 
revision either on the market administrator's own initiative or at the 
request of interested persons. If the investigation shows that a 
revision might be appropriate, the market administrator shall issue a 
notice stating that the revision is being considered and inviting 
written data, views, and arguments. Any decision to revise an applicable 
percentage must be issued in writing at least one day before the 
effective date.



Sec. 1005.14  Other source milk.

    See Sec. 1000.14.

[[Page 115]]



Sec. 1005.15  Fluid milk product.

    See Sec. 1000.15.



Sec. 1005.16  Fluid cream product.

    See Sec. 1000.16.



Sec. 1005.17  [Reserved]



Sec. 1005.18  Cooperative association.

    See Sec. 1000.18.



Sec. 1005.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1005.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator's 
office receives the report on or before the 7th day after the end of the 
month, in the detail and on prescribed forms, as follows:
    (a) With respect to each of its pool plants, the quantities of skim 
milk and butterfat contained in or represented by:
    (1) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c);
    (2) Receipts of milk from handlers described in Sec. 1000.9(c);
    (3) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (4) Receipts of other source milk;
    (5) Receipts of bulk milk from a plant regulated under another 
Federal order, except Federal Order 1007, for which a transportation 
credit is requested pursuant to Sec. 1005.82;
    (6) Receipts of producer milk described in Sec. 1005.82(c)(2), 
including the identity of the individual producers whose milk is 
eligible for the transportation credit pursuant to that paragraph and 
the date that such milk was received;
    (7) For handlers submitting transportation credit requests, 
transfers of bulk milk to nonpool plants, including the dates that such 
milk was transferred;
    (8) Inventories at the beginning and end of the month of fluid milk 
products and bulk fluid cream products; and
    (9) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for reports required by paragraph (a) of this section. Receipts of milk 
that would have been producer milk if the plant had been fully regulated 
shall be reported in lieu of producer milk. The report shall show also 
the quantity of any reconstituted skim milk in route disposition in the 
marketing area.
    (c) Each handler described in Sec. 1000.9(c) shall report:
    (1) The quantities of all skim milk and butterfat contained in 
receipts of milk from producers;
    (2) The utilization or disposition of all such receipts; and
    (3) With respect to milk for which a cooperative association is 
requesting a transportation credit pursuant to Sec. 1005.82, all of the 
information required in paragraphs (a)(5), (a)(6), and (a)(7) of this 
section.
    (d) Each handler not specified in paragraphs (a) through (c) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1005.31  Payroll reports.

    (a) On or before the 20th day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1005.7 and each 
handler described in Sec. 1000.9(c) shall report to the market 
administrator its producer payroll for the month, in detail prescribed 
by the market administrator, showing for each producer the information 
specified in Sec. 1005.73(e).
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in the same manner as prescribed for reports required by 
paragraph (a) of this section.

[[Page 116]]



Sec. 1005.32  Other reports.

    (a) On or before the 20th day after the end of each month, each 
handler described in Sec. 1000.9(a) and (c) shall report to the market 
administrator any adjustments to transportation credit requests as 
reported pursuant to Sec. 1005.30(a)(5), (6), and (7).
    (b) In addition to the reports required pursuant to Secs. 1005.30, 
1005.31, and 1005.32(a), each handler shall report any information the 
market administrator deems necessary to verify or establish each 
handler's obligation under the order.

                         Classification of Milk



Sec. 1005.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1005.41  [Reserved]



Sec. 1005.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1005.43  General classification rules.

    See Sec. 1000.43.



Sec. 1005.44  Classification of producer milk.

    See Sec. 1000.44.



Sec. 1005.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

                              Class Prices



Sec. 1005.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1005.51  Class I differential and price.

    The Class I differential shall be the differential established for 
Mecklenburg County, North Carolina, which is reported in Sec. 1000.52. 
The Class I price shall be the price computed pursuant to 
Sec. 1000.50(a) for Mecklenburg County, North Carolina.



Sec. 1005.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1005.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.



Sec. 1005.54  Equivalent price.

    See Sec. 1000.54.

                             Uniform Prices



Sec. 1005.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants and of each handler described in Sec. 1000.9(c) with respect to 
milk that was not received at a pool plant by adding the amounts 
computed in paragraphs (a) through (e) of this section and subtracting 
from that total amount the value computed in paragraph (f) of this 
section. Receipts of nonfluid milk products that are distributed as 
labeled reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76(a)(4) or (d) 
shall be excluded from pricing under this section.
    (a) Multiply the pounds of skim milk and butterfat in producer milk 
that were classified in each class pursuant to Sec. 1000.44(c) by the 
applicable skim milk and butterfat prices, and add the resulting 
amounts;
    (b) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) by the respective skim 
milk and butterfat prices applicable at the location of the pool plant;
    (c) Multiply the difference between the Class IV price for the 
preceding month and the current month's Class I, II, or III price, as 
the case may be, by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (d) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat

[[Page 117]]

subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from a plant regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants;
    (e) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in receipts of concentrated fluid milk products assigned to 
Class I pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an equivalent amount of skim milk or butterfat 
disposed of to such plant by handlers fully regulated under any Federal 
milk order is classified and priced as Class I milk and is not used as 
an offset for any other payment obligation under any order.
    (f) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).

[64 FR 47960, Sept. 1, 1999, as amended at 65 FR 82835, Dec. 28, 2000]



Sec. 1005.61  Computation of uniform prices.

    On or before the 11th day of each month, the market administrator 
shall compute a uniform butterfat price, a uniform skim milk price, and 
a uniform price for producer milk receipts reported for the prior month. 
The report of any handler who has not made payments required pursuant to 
Sec. 1005.71 for the preceding month shall not be included in the 
computation of these prices, and such handler's report shall not be 
included in the computation for succeeding months until the handler has 
made full payment of outstanding monthly obligations.
    (a) Uniform butterfat price. The uniform butterfat price per pound, 
rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1005.60(e) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and
    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Uniform skim milk price. The uniform skim milk price per 
hundredweight, rounded to the nearest cent, shall be computed as 
follows:
    (1) Combine into one total the values computed pursuant to 
Sec. 1005.60 for all handlers;
    (2) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1005.75;
    (3) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;
    (4) Subtract the value of the total pounds of butterfat for all 
handlers. The butterfat value shall be computed by multiplying the sum 
of the pounds of butterfat in producer milk and other source milk used 
to calculate the values in paragraphs (a)(1) and (a)(2) of this section 
by the butterfat price computed in paragraph (a) of this section;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total skim pounds of producer milk; and
    (ii) The total skim pounds for which a value is computed pursuant to 
Sec. 1005.60(e); and
    (6) Subtract not less than 4 cents and not more than 5 cents.

[[Page 118]]

    (c) Uniform price. The uniform price per hundredweight, rounded to 
the nearest cent, shall be the sum of the following:
    (1) Multiply the uniform butterfat price for the month pursuant to 
paragraph (a) of this section times 3.5 pounds of butterfat; and
    (2) Multiply the uniform skim milk price for the month pursuant to 
paragraph (b) of this section times 96.5 pounds of skim milk.

[64 FR 47960, Sept. 1, 1999, as amended at 65 FR 82835, Dec. 28, 2000]



Sec. 1005.62  Announcement of uniform prices.

    On or before the 11th day after the end of the month, the market 
administrator shall announce the uniform prices for the month computed 
pursuant to Sec. 1005.61.

                            Payments for Milk



Sec. 1005.70  Producer-settlement fund.

    See Sec. 1000.70.



Sec. 1005.71  Payments to the producer-settlement fund.

    Each handler shall make a payment to the producer-settlement fund in 
a manner that provides receipt of the funds by the market administrator 
no later than the 12th day after the end of the month (except as 
provided in Sec. 1000.90). Payment shall be the amount, if any, by which 
the amount specified in paragraph (a) of this section exceeds the amount 
specified in paragraph (b) of this section:
    (a) The total value of milk of the handler for the month as 
determined pursuant to Sec. 1005.60; and
    (b) The sum of the value at the uniform prices for skim milk and 
butterfat, adjusted for plant location, of the handler's receipts of 
producer milk; and the value at the uniform price, as adjusted pursuant 
to Sec. 1005.75, applicable at the location of the plant from which 
received of other source milk for which a value is computed pursuant to 
Sec. 1005.60(e).



Sec. 1005.72  Payments from the producer-settlement fund.

    No later than one day after the date of payment receipt required 
under Sec. 1005.71, the market administrator shall pay to each handler 
the amount, if any, by which the amount computed pursuant to 
Sec. 1005.71(b) exceeds the amount computed pursuant to Sec. 1005.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1005.73  Payments to producers and to cooperative associations.

    (a) Each handler that is not paying a cooperative association for 
producer milk shall pay each producer as follows:
    (1) Partial payment. For each producer who has not discontinued 
shipments as of the 23rd day of the month, payment shall be made so that 
it is received by the producer on or before the 26th day of the month 
(except as provided in Sec. 1000.90) for milk received during the first 
15 days of the month at not less than 90 percent of the preceding 
month's uniform price, adjusted for plant location pursuant to 
Sec. 1005.75 and proper deductions authorized in writing by the 
producer.
    (2) Final payment. For milk received during the month, a payment 
computed as follows shall be made so that it is received by each 
producer one day after the payment date required in Sec. 1005.72:
    (i) Multiply the hundredweight of producer skim milk received times 
the uniform skim milk price for the month;
    (ii) Multiply the pounds of butterfat received times the uniform 
butterfat price for the month;
    (iii) Multiply the hundredweight of producer milk received times the 
plant location adjustment pursuant to Sec. 1005.75; and
    (iv) Add the amounts computed in paragraph (a)(2)(i), (ii), and 
(iii) of this section, and from that sum:
    (A) Subtract the partial payment made pursuant to paragraph (a)(1) 
of this section;
    (B) Subtract the deduction for marketing services pursuant to 
Sec. 1000.86;

[[Page 119]]

    (C) Add or subtract for errors made in previous payments to the 
producer; and
    (D) Subtract proper deductions authorized in writing by the 
producer.
    (b) One day before partial and final payments are due pursuant to 
paragraph (a) of this section, each handler shall pay a cooperative 
association for milk received as follows:
    (1) Partial payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk (including the 
milk of producers who are not members of such association and who the 
market administrator determines have authorized the cooperative 
association to collect payment for their milk) received during the first 
15 days of the month from a cooperative association in any capacity, 
except as the operator of a pool plant, the payment shall be equal to 
the hundredweight of milk received multiplied by 90 percent of the 
preceding month's uniform price, adjusted for plant location pursuant to 
Sec. 1005.75.
    (2) Partial payment to a cooperative association for milk 
transferred from its pool plant. For bulk fluid milk products and bulk 
fluid cream products received during the first 15 days of the month from 
a cooperative association in its capacity as the operator of a pool 
plant, the partial payment shall be at the pool plant operator's 
estimated use value of the milk using the most recent class prices 
available for skim milk and butterfat at the receiving plant's location.
    (3) Final payment to a cooperative association for milk transferred 
from its pool plant. For bulk fluid milk products and bulk fluid cream 
products received during the month from a cooperative association in its 
capacity as the operator of a pool plant, the final payment shall be the 
classified value of such milk as determined by multiplying the pounds of 
skim milk and butterfat assigned to each class pursuant to Sec. 1000.44 
by the class prices for the month at the receiving plant's location, and 
subtracting from this sum the partial payment made pursuant to paragraph 
(b)(2) of this section.
    (4) Final payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk received from a 
cooperative association during the month, including the milk of 
producers who are not members of such association and who the market 
administrator determines have authorized the cooperative association to 
collect payment for their milk, the final payment for such milk shall be 
an amount equal to the sum of the individual payments otherwise payable 
for such milk pursuant to paragraph (a)(2) of this section.
    (c) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1005.72 by the payment date specified in 
paragraph (a) or (b) of this section, the handler may reduce payments 
pursuant to paragraphs (a) and (b) of this section, but by not more than 
the amount of the underpayment. The payments shall be completed on the 
next scheduled payment date after receipt of the balance due from the 
market administrator.
    (d) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or cannot be located, or 
because the cooperative association or its lawful successor or assignee 
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates 
and pays the producer or a lawful claimant, or in the event that the 
handler no longer exists and a lawful claim is later established, the 
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant as the case may 
be.
    (e) In making payments to producers pursuant to this section, each 
pool plant operator shall furnish each producer, except a producer whose 
milk was received from a cooperative association described in 
Sec. 1000.9(a) or (c), a supporting statement in such form that it may 
be retained by the recipient which shall show:
    (1) The name, address, Grade A identifier assigned by a duly 
constituted regulatory agency, and the payroll number of the producer;
    (2) The month and dates that milk was received from the producer, 
including the daily and total pounds of milk received;
    (3) The total pounds of butterfat in the producer's milk;

[[Page 120]]

    (4) The minimum rate or rates at which payment to the producer is 
required pursuant to the order in this part;
    (5) The rate used in making payment if the rate is other than the 
applicable minimum rate;
    (6) The amount, or rate per hundredweight, and nature of each 
deduction claimed by the handler; and
    (7) The net amount of payment to the producer or cooperative 
association.

[64 FR 47960, Sept. 1, 1999, as amended at 65 FR 32010, May 22, 2000]



Sec. 1005.74  [Reserved]



Sec. 1005.75  Plant location adjustments for producer milk and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1005.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the payments required pursuant to Secs. 1005.73 and 
1000.76.



Sec. 1005.76  Payments by a handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1005.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1005.78  Charges on overdue accounts.

    See Sec. 1000.78.

                       Marketwide Service Payments



Sec. 1005.80  Transportation credit balancing fund.

    The market administrator shall maintain a separate fund known as the 
Transportation Credit Balancing Fund into which shall be deposited the 
payments made by handlers pursuant to Sec. 1005.81 and out of which 
shall be made the payments due handlers pursuant to Sec. 1005.82. 
Payments due a handler shall be offset against payments due from the 
handler.



Sec. 1005.81  Payments to the transportation credit balancing fund.

    (a) On or before the 12th day after the end of the month (except as 
provided in Sec. 1000.90), each handler operating a pool plant and each 
handler specified in Sec. 1000.9(c) shall pay to the market 
administrator a transportation credit balancing fund assessment 
determined by multiplying the pounds of Class I producer milk assigned 
pursuant to Sec. 1005.44 by $0.065 per hundredweight or such lesser 
amount as the market administrator deems necessary to maintain a balance 
in the fund equal to the total transportation credits disbursed during 
the prior June-January period. In the event that during any month of the 
June-January period the fund balance is insufficient to cover the amount 
of credits that are due, the assessment should be based upon the amount 
of credits that would have been disbursed had the fund balance been 
sufficient.
    (b) The market administrator shall announce publicly on or before 
the 5th day of the month (except as provided in Sec. 1000.90) the 
assessment pursuant to paragraph (a) of this section for the following 
month.



Sec. 1005.82  Payments from the transportation credit balancing fund.

    (a) Payments from the transportation credit balancing fund to 
handlers and cooperative associations requesting transportation credits 
shall be made as follows:
    (1) On or before the 13th day (except as provided in Sec. 1000.90) 
after the end of each of the months of July through December and any 
other month in which transportation credits are in effect pursuant to 
paragraph (b) of this section, the market administrator shall pay to 
each handler that received, and reported pursuant to Sec. 1005.30(a)(5), 
bulk milk transferred from a plant fully regulated under another Federal 
order as described in paragraph (c)(1) of this section or that received, 
and reported pursuant to Sec. 1005.30(a)(6), milk directly from 
producers' farms as specified in paragraph (c)(2) of this section, a 
preliminary amount determined pursuant to paragraph (d) of this section 
to the extent that funds are available in the transportation credit 
balancing fund. If

[[Page 121]]

an insufficient balance exists to pay all of the credits computed 
pursuant to this section, the market administrator shall distribute the 
balance available in the transportation credit balancing fund by 
reducing payments prorata using the percentage derived by dividing the 
balance in the fund by the total credits that are due for the month. The 
amount of credits resulting from this initial proration shall be subject 
to audit adjustment pursuant to paragraph (a)(2) of this section.
    (2) The market administrator shall accept adjusted requests for 
transportation credits on or before the 20th day of the month following 
the month for which such credits were requested pursuant to 
Sec. 1005.32(a). After such date, a preliminary audit will be conducted 
by the market administrator, who will recalculate any necessary 
proration of transportation credit payments for the preceding month 
pursuant to paragraph (a) of this section. Handlers will be promptly 
notified of an overpayment of credits based upon this final computation 
and remedial payments to or from the transportation credit balancing 
fund will be made on or before the next payment date for the following 
month.
    (3) Transportation credits paid pursuant to paragraphs (a)(1) and 
(2) of this section shall be subject to final verification by the market 
administrator pursuant to Sec. 1000.77. Adjusted payments to or from the 
transportation credit balancing fund will remain subject to the final 
proration established pursuant to paragraph (a)(2) of this section.
    (4) In the event that a qualified cooperative association is the 
responsible party for whose account such milk is received and written 
documentation of this fact is provided to the market administrator 
pursuant to Sec. 1005.30(c)(3) prior to the date payment is due, the 
transportation credits for such milk computed pursuant to this section 
shall be made to such cooperative association rather than to the 
operator of the pool plant at which the milk was received.
    (b) The market administrator may extend the period during which 
transportation credits are in effect (i.e., the transportation credit 
period) to the months of January and June if a written request to do so 
is received 15 days prior to the beginning of the month for which the 
request is made and, after conducting an independent investigation, 
finds that such extension is necessary to assure the market of an 
adequate supply of milk for fluid use. Before making such a finding, the 
market administrator shall notify the Director of the Dairy Division and 
all handlers in the market that an extension is being considered and 
invite written data, views, and arguments. Any decision to extend the 
transportation credit period must be issued in writing prior to the 
first day of the month for which the extension is to be effective.
    (c) Transportation credits shall apply to the following milk:
    (1) Bulk milk received from a plant regulated under another Federal 
order, except Federal Order 1007, and allocated to Class I milk pursuant 
to Sec. 1000.44(a)(9); and
    (2) Bulk milk received directly from the farms of dairy farmers at 
pool distributing plants subject to the following conditions:
    (i) The quantity of such milk that shall be eligible for the 
transportation credit shall be determined by multiplying the total 
pounds of milk received from producers meeting the conditions of this 
paragraph by the lower of:
    (A) The marketwide estimated Class I utilization of all handlers for 
the month pursuant to Sec. 1000.45(a); or
    (B) The Class I utilization of all producer milk of the pool plant 
operator receiving the milk after the computations described in 
Sec. 1000.44;
    (ii) The dairy farmer was not a ``producer'' under this order during 
more than 2 of the immediately preceding months of February through May 
and not more than 50 percent of the production of the dairy farmer 
during those 2 months, in aggregate, was received as producer milk under 
this order during those 2 months; and
    (iii) The farm on which the milk was produced is not located within 
the specified marketing area of the order in this part or the marketing 
area of Federal Order 1007 (7 CFR part 1007).
    (d) Transportation credits shall be computed as follows:

[[Page 122]]

    (1) The market administrator shall subtract from the pounds of milk 
described in paragraphs (c)(1) and (2) of this section the pounds of 
bulk milk transferred from the pool plant receiving the supplemental 
milk if milk was transferred to a nonpool plant on the same calendar day 
that the supplemental milk was received. For this purpose, the 
transferred milk shall be subtracted from the most distant load of 
supplemental milk received, and then in sequence with the next most 
distant load until all of the transfers have been offset.
    (2) With respect to the pounds of milk described in paragraph (c)(1) 
of this section that remain after the computations described in 
paragraph (d)(1) of this section, the market administrator shall:
    (i) Determine the shortest hard-surface highway distance between the 
shipping plant and the receiving plant;
    (ii) Multiply the number of miles so determined by 0.35 cent;
    (iii) Subtract the applicable Class I differential in Sec. 1000.52 
for the county in which the shipping plant is located from the Class I 
differential applicable for the county in which the receiving plant is 
located;
    (iv) Subtract any positive difference computed in paragraph 
(d)(2)(iii) of this section from the amount computed in paragraph 
(d)(2)(ii) of this section; and
    (v) Multiply the remainder computed in paragraph (d)(2)(iv) of this 
section by the hundredweight of milk described in paragraph (d)(2) of 
this section.
    (3) For the remaining milk described in paragraph (c)(2) of this 
section after computations described in paragraph (d)(1) of this 
section, the market administrator shall:
    (i) Determine an origination point for each load of milk by locating 
the nearest city to the last producer's farm from which milk was picked 
up for delivery to the receiving pool plant;
    (ii) Determine the shortest hard-surface highway distance between 
the receiving pool plant and the origination point;
    (iii) Subtract 85 miles from the mileage so determined;
    (iv) Multiply the remaining miles so computed by 0.35 cent;
    (v) Subtract the Class I differential specified in Sec. 1000.52 
applicable for the county in which the origination point is located from 
the Class I differential applicable at the receiving pool plant's 
location;
    (vi) Subtract any positive difference computed in paragraph 
(d)(3)(v) of this section from the amount computed in paragraph 
(d)(3)(iv) of this section; and
    (vii) Multiply the remainder computed in paragraph (d)(3)(vi) of 
this section by the hundredweight of milk described in paragraph (d)(3) 
of this section.

        Administrative Assessment and Marketing Service Deduction



Sec. 1005.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1005.86  Deduction for marketing services.

    See Sec. 1000.86.



PART 1006--MILK IN THE FLORIDA MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1006.1 General provisions.

                               Definitions

1006.2 Florida marketing area.
1006.3 Route disposition.
1006.4 Plant.
1006.5 Distributing plant.
1006.6 Supply plant.
1006.7 Pool plant.
1006.8 Nonpool plant.
1006.9 Handler.
1006.10 Producer-handler.
1006.11 [Reserved]
1006.12 Producer.
1006.13 Producer milk.
1006.14 Other source milk.
1006.15 Fluid milk product.
1006.16 Fluid cream product.
1006.17 [Reserved]
1006.18 Cooperative association.
1006.19 Commercial food processing establishment.

                             Handler Reports

1006.30 Reports of receipts and utilization.
1006.31 Payroll reports.
1006.32 Other reports.

[[Page 123]]

                         Classification of Milk

1006.40 Classes of utilization.
1006.41 [Reserved]
1006.42 Classification of transfers and diversions.
1006.43 General classification rules.
1006.44 Classification of producer milk.
1006.45 Market administrator's reports and announcements concerning 
          classification.

                              Class Prices

1006.50 Class prices, component prices, and advanced pricing factors.
1006.51 Class I differential and price.
1006.52 Adjusted Class I differentials.
1006.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1006.54 Equivalent price.

                             Uniform Prices

1006.60 Handler's value of milk.
1006.61 Computation of uniform prices.
1006.62 Announcement of uniform prices.

                            Payments for Milk

1006.70 Producer-settlement fund.
1006.71 Payments to the producer-settlement fund.
1006.72 Payments from the producer-settlement fund.
1006.73 Payments to producers and to cooperative associations.
1006.74 [Reserved]
1006.75 Plant location adjustments for producer milk and nonpool milk.
1006.76 Payments by a handler operating a partially regulated 
          distributing plant.
1006.77 Adjustment of accounts.
1006.78 Charges on overdue accounts.

        Administrative Assessment and Marketing Service Deduction

1006.85 Assessment for order administration.
1006.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 47966, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1006.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1006. In this part 1006, all references to sections 
in part 1000 refer to part 1000 of this chapter.

                               Definitions



Sec. 1006.2  Florida marketing area.

    The marketing area means all the territory within the State of 
Florida, except the counties of Escambia, Okaloosa, Santa Rosa, and 
Walton, including all piers, docks and wharves connected therewith and 
all craft moored thereat, and all territory occupied by government 
(municipal, State or Federal) reservations, installations, institutions, 
or other similar establishments if any part thereof is within any of the 
listed states or political subdivisions.



Sec. 1006.3  Route disposition.

    See Sec. 1000.3.



Sec. 1006.4  Plant.

    See Sec. 1000.4.



Sec. 1006.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1006.6  Supply plant.

    See Sec. 1000.6.



Sec. 1006.7  Pool plant.

    Pool plant means a plant specified in paragraphs (a) through (d) of 
this section, or a unit of plants as specified in paragraph (e) of this 
section, but excluding a plant specified in paragraph (g) of this 
section. The pooling standards described in paragraphs (c) and (d) of 
this section are subject to modification pursuant to paragraph (f) of 
this section:
    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this section or Sec. --------.7(b) of 
any other Federal milk order, from which during the month 50 percent or 
more of the fluid milk products physically received at such plant 
(excluding concentrated milk received from another plant by agreement 
for other than Class I use) are disposed of as route disposition or are 
transferred in the form of packaged fluid milk products to other 
distributing plants. At least 25 percent of such route disposition and 
transfers must be to outlets in the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 50 percent of

[[Page 124]]

the total quantity of fluid milk products physically received at the 
plant (excluding concentrated milk received from another plant by 
agreement for other than Class I use) into ultra-pasteurized or 
aseptically-processed fluid milk products.
    (c) A supply plant from which 60 percent or more of the total 
quantity of milk that is physically received during the month from dairy 
farmers and handlers described in Sec. 1000.9(c), including milk that is 
diverted from the plant, is transferred to pool distributing plants. 
Concentrated milk transferred from the supply plant to a distributing 
plant for an agreed-upon use other than Class I shall be excluded from 
the supply plant's shipments in computing the plant's shipping 
percentage.
    (d) A plant located within the marketing area that is operated by a 
cooperative association if pool plant status under this paragraph is 
requested for such plant by the cooperative association and during the 
month 60 percent of the producer milk of members of such cooperative 
association is delivered directly from farms to pool distributing plants 
or is transferred to such plants as a fluid milk product (excluding 
concentrated milk transferred to a distributing plant for an agreed-upon 
use other than Class I) from the cooperative's plant.
    (e) Two or more plants operated by the same handler and that are 
located within the marketing area may qualify for pool status as a unit 
by meeting the total and in-area route disposition requirements 
specified in paragraph (a) of this section and the following additional 
requirements:
    (1) At least one of the plants in the unit must qualify as a pool 
plant pursuant to paragraph (a) of this section;
    (2) Other plants in the unit must process only Class I or Class II 
products and must be located in a pricing zone providing the same or a 
lower Class I price than the price applicable at the distributing plant 
included in the unit pursuant to paragraph (e)(1) of this section; and
    (3) A written request to form a unit, or to add or remove plants 
from a unit, must be filed with the market administrator prior to the 
first day of the month for which it is to be effective.
    (f) The applicable shipping percentages of paragraphs (c) and (d) of 
this section may be increased or decreased by the market administrator 
if the market administrator finds that such adjustment is necessary to 
encourage needed shipments or to prevent uneconomic shipments. Before 
making such a finding, the market administrator shall investigate the 
need for adjustment either on the market administrator's own initiative 
or at the request of interested parties if the request is made in 
writing at least 15 days prior to the date for which the requested 
revision is desired effective. If the investigation shows that an 
adjustment of the shipping percentages might be appropriate, the market 
administrator shall issue a notice stating that an adjustment is being 
considered and invite data, views and arguments. Any decision to revise 
an applicable shipping percentage must be issued in writing at least one 
day before the effective date.
    (g) The term pool plant shall not apply to the following plants:
    (1) A producer-handler plant;
    (2) An exempt plant as defined in Sec. 1000.8(e);
    (3) A plant qualified pursuant to paragraph (a) of this section 
which is not located within any Federal order marketing area, meets the 
pooling requirements of another Federal order, and has had greater route 
disposition in such other Federal order marketing area for 3 consecutive 
months;
    (4) A plant qualified pursuant to paragraph (a) of this section 
which is located in another Federal order marketing area, meets the 
pooling standards of the other Federal order, and has not had a majority 
of its route disposition in this marketing area for 3 consecutive months 
or is locked into pool status under such other Federal order without 
regard to its route disposition in any other Federal order marketing 
area; and
    (5) A plant qualified pursuant to paragraph (c) of this section 
which also meets the pooling requirements of another Federal order and 
from which greater qualifying shipments are made to plants regulated 
under such other order than are made to plants regulated under the order 
in this part, or

[[Page 125]]

such plant has automatic pooling status under such other order.



Sec. 1006.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1006.9  Handler.

    See Sec. 1000.9.



Sec. 1006.10  Producer-handler.

    Producer-handler means a person who:
    (a) Operates a dairy farm and a distributing plant from which there 
is monthly route disposition in the marketing area;
    (b) Receives no fluid milk products, and acquires no fluid milk 
products for route disposition, from sources other than own farm 
production;
    (c) Disposes of no other source milk as Class I milk except by 
increasing the nonfat milk solids content of the fluid milk products 
received from own farm production; and
    (d) Provides proof satisfactory to the market administrator that the 
care and management of the dairy animals and other resources necessary 
to produce all Class I milk handled, and the processing and packaging 
operations, are the producer-handler's own enterprise and are operated 
at the producer-handler's own risk.



Sec. 1006.11  [Reserved]



Sec. 1006.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
(or components of milk) is:
    (1) Received at a pool plant directly from the producer or diverted 
by the plant operator in accordance with Sec. 1006.13; or
    (2) Received by a handler described in Sec. 1000.9(c).
    (b) Producer shall not include:
    (1) A producer-handler as defined in any Federal order;
    (2) A dairy farmer whose milk is received at an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1006.13(d);
    (3) A dairy farmer whose milk is received by diversion at a pool 
plant from a handler regulated under another Federal order if the other 
Federal order designates the dairy farmer as a producer under that order 
and that milk is allocated by request to a utilization other than Class 
I; and
    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another Federal order with respect to that portion 
of the milk so diverted that is assigned to Class I under the provisions 
of such other order.



Sec. 1006.13  Producer milk.

    Producer milk means the skim milk (or the skim equivalent of 
components of skim milk) and butterfat contained in milk of a producer 
that is:
    (a) Received by the operator of a pool plant directly from a 
producer or a handler described in Sec. 1000.9(c). All milk received 
pursuant to this paragraph shall be priced at the location of the plant 
where it is first physically received;
    (b) Received by a handler described in Sec. 1000.9(c) in excess of 
the quantity delivered to pool plants;
    (c) Diverted by a pool plant operator to another pool plant. Milk so 
diverted shall be priced at the location of the plant to which diverted; 
or
    (d) Diverted by the operator of a pool plant or a handler described 
in Sec. 1000.9(c) to a nonpool plant, subject to the following 
conditions:
    (1) In any month, not less than 10 days' production of the producer 
whose milk is diverted is physically received at a pool plant during the 
month;
    (2) The total quantity of milk so diverted during the month by a 
cooperative association shall not exceed 20 percent during the months of 
July through November, 25 percent during the months of December through 
February, and 40 percent during all other months, of the producer milk 
that the cooperative association caused to be delivered to, and 
physically received at, pool plants during the month;
    (3) The operator of a pool plant that is not a cooperative 
association may divert any milk that is not under the control of a 
cooperative association that diverts milk during the month

[[Page 126]]

pursuant to paragraph (d) of this section. The total quantity of milk so 
diverted during the month shall not exceed 20 percent during the months 
of July through November, 25 percent during the months of December 
through February, and 40 percent during all other months, of the 
producer milk physically received at such plant (or such unit of plants 
in the case of plants that pool as a unit pursuant to Sec. 1006.7(d)) 
during the month, excluding the quantity of producer milk received from 
a handler described in Sec. 1000.9(c);
    (4) Any milk diverted in excess of the limits prescribed in 
paragraphs (d) (3) and (4) of this section shall not be producer milk. 
If the diverting handler or cooperative association fails to designate 
the dairy farmers' deliveries that will not be producer milk, no milk 
diverted by the handler or cooperative association shall be producer 
milk;
    (5) Diverted milk shall be priced at the location of the plant to 
which diverted; and
    (6) The delivery day requirements and the diversion percentages in 
paragraphs (d) (1) through (3) of this section may be increased or 
decreased by the market administrator if the market administrator finds 
that such revision is necessary to assure orderly marketing and 
efficient handling of milk in the marketing area. Before making such a 
finding, the market administrator shall investigate the need for the 
revision either on the market administrator's own initiative or at the 
request of interested persons. If the investigation shows that a 
revision might be appropriate, the market administrator shall issue a 
notice stating that the revision is being considered and inviting 
written data, views, and arguments. Any decision to revise an applicable 
percentage must be issued in writing at least one day before the 
effective date.



Sec. 1006.14  Other source milk.

    See Sec. 1000.14.



Sec. 1006.15  Fluid milk product.

    See Sec. 1000.15.



Sec. 1006.16  Fluid cream product.

    See Sec. 1000.16.



Sec. 1006.17  [Reserved]



Sec. 1006.18  Cooperative association.

    See Sec. 1000.18.



Sec. 1006.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1006.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator's 
office receives the report on or before the 7th day after the end of the 
month, in the detail and on prescribed forms, as follows:
    (a) With respect to each of its pool plants, the quantities of skim 
milk and butterfat contained in or represented by:
    (1) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c);
    (2) Receipts of milk from handlers described in Sec. 1000.9(c);
    (3) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (4) Receipts of other source milk;
    (5) Inventories at the beginning and end of the month of fluid milk 
products and bulk fluid cream products; and
    (6) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for reports required by paragraph (a) of this section. Receipts of milk 
that would have been producer milk if the plant had been fully regulated 
shall be reported in lieu of producer milk. The report shall show also 
the quantity of any reconstituted skim milk in route disposition in the 
marketing area.
    (c) Each handler described in Sec. 1000.9(c) shall report:
    (1) The quantities of all skim milk and butterfat contained in 
receipts of milk from producers; and
    (2) The utilization or disposition of all such receipts.

[[Page 127]]

    (d) Each handler not specified in paragraphs (a) through (c) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1006.31  Payroll reports.

    (a) On or before the 20th day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1006.7 and each 
handler described in Sec. 1000.9(c) shall report to the market 
administrator its producer payroll for the month, in detail prescribed 
by the market administrator, showing for each producer the information 
specified in Sec. 1006.73(e).
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in the same manner as prescribed for reports required by 
paragraph (a) of this section.



Sec. 1006.32  Other reports.

    In addition to the reports required pursuant to Secs. 1006.30 and 
1006.31, each handler shall report any information the market 
administrator deems necessary to verify or establish each handler's 
obligation under the order.

                         Classification of Milk



Sec. 1006.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1006.41  [Reserved]



Sec. 1006.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1006.43  General classification rules.

    See Sec. 1000.43.



Sec. 1006.44  Classification of producer milk.

    See Sec. 1000.44.



Sec. 1006.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

                              Class Prices



Sec. 1006.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1006.51  Class I differential and price.

    The Class I differential shall be the differential established for 
Hillsborough County, Florida, which is reported in Sec. 1000.52. The 
Class I price shall be the price computed pursuant to Sec. 1000.50(a) 
for Hillsborough County, Florida.



Sec. 1006.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1006.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.



Sec. 1006.54  Equivalent price.

    See Sec. 1000.54.

                             Uniform Prices



Sec. 1006.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants and of each handler described in Sec. 1000.9(c) with respect to 
milk that was not received at a pool plant by adding the amounts 
computed in paragraphs (a) through (e) of this section and subtracting 
from that total amount the value computed in paragraph (f) of this 
section. Receipts of nonfluid milk products that are distributed as 
labeled reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76(a)(4) or (d) 
shall be excluded from pricing under this section.
    (a) Multiply the pounds of skim milk and butterfat in producer milk 
that were classified in each class pursuant to Sec. 1000.44(c) by the 
applicable skim milk and butterfat prices, and add the resulting 
amounts;
    (b) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) by the

[[Page 128]]

respective skim milk and butterfat prices applicable at the location of 
the pool plant;
    (c) Multiply the difference between the Class IV price for the 
preceding month and the current month's Class I, II, or III price, as 
the case may be, by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (d) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat 
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from a plant regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants;
    (e) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in receipts of concentrated fluid milk products assigned to 
Class I pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an equivalent amount of skim milk or butterfat 
disposed of to such plant by handlers fully regulated under any Federal 
milk order is classified and priced as Class I milk and is not used as 
an offset for any other payment obligation under any order; and
    (f) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).

[64 FR 47966, Sept. 1, 1999, as amended at 65 FR 82835, Dec. 28, 2000]



Sec. 1006.61  Computation of uniform prices.

    On or before the 11th day of each month, the market administrator 
shall compute a uniform butterfat price, a uniform skim milk price, and 
a uniform price for producer milk receipts reported for the prior month. 
The report of any handler who has not made payments required pursuant to 
Sec. 1006.71 for the preceding month shall not be included in the 
computation of these prices, and such handler's report shall not be 
included in the computation for succeeding months until the handler has 
made full payment of outstanding monthly obligations.
    (a) Uniform butterfat price. The uniform butterfat price per pound, 
rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1006.60(e) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and
    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Uniform skim milk price. The uniform skim milk price per 
hundredweight, rounded to the nearest cent, shall be computed as 
follows:
    (1) Combine into one total the values computed pursuant to 
Sec. 1006.60 for all handlers;
    (2) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1006.75;
    (3) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;

[[Page 129]]

    (4) Subtract the value of the total pounds of butterfat for all 
handlers. The butterfat value shall be computed by multiplying the sum 
of the pounds of butterfat in producer milk and other source milk used 
to calculate the values in paragraphs (a)(1) and (a)(2) of this section 
by the butterfat price computed in paragraph (a) of this section;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total skim pounds of producer milk; and
    (ii) The total skim pounds for which a value is computed pursuant to 
Sec. 1006.60(e); and
    (6) Subtract not less than 4 cents and not more than 5 cents.
    (c) Uniform price. The uniform price per hundredweight, rounded to 
the nearest cent, shall be the sum of the following:
    (1) Multiply the uniform butterfat price for the month pursuant to 
paragraph (a) of this section times 3.5 pounds of butterfat; and
    (2) Multiply the uniform skim milk price for the month pursuant to 
paragraph (b) of this section times 96.5 pounds of skim milk.

[64 FR 47966, Sept. 1, 1999, as amended at 65 FR 82835, Dec. 28, 2000]



Sec. 1006.62  Announcement of uniform prices.

    On or before the 11th day after the end of the month, the market 
administrator shall announce the uniform prices for the month computed 
pursuant to Sec. 1006.61.

                            Payments for Milk



Sec. 1006.70  Producer-settlement fund.

    See Sec. 1000.70.



Sec. 1006.71  Payments to the producer-settlement fund.

    Each handler shall make a payment to the producer-settlement fund in 
a manner that provides receipt of the funds by the market administrator 
no later than the 12th day after the end of the month (except as 
provided in Sec. 1000.90). Payment shall be the amount, if any, by which 
the amount specified in paragraph (a) of this section exceeds the amount 
specified in paragraph (b) of this section:
    (a) The total value of milk of the handler for the month as 
determined pursuant to Sec. 1006.60; and
    (b) The sum of the value at the uniform prices for skim milk and 
butterfat, adjusted for plant location, of the handler's receipts of 
producer milk; and the value at the uniform price, as adjusted pursuant 
to Sec. 1006.75, applicable at the location of the plant from which 
received of other source milk for which a value is computed pursuant to 
Sec. 1006.60(e).



Sec. 1006.72  Payments from the producer-settlement fund.

    No later than one day after the date of payment receipt required 
under Sec. 1006.71, the market administrator shall pay to each handler 
the amount, if any, by which the amount computed pursuant to 
Sec. 1006.71(b) exceeds the amount computed pursuant to Sec. 1006.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1006.73  Payments to producers and to cooperative associations.

    (a) Each handler that is not paying a cooperative association for 
producer milk shall pay each producer as follows:
    (1) Partial payments. (i) For each producer who has not discontinued 
shipments as of the 15th day of the month, payment shall be made so that 
it is received by the producer on or before the 20th day of the month 
(except as provided in Sec. 1000.90) for milk received during the first 
15 days of the month at not less than 85 percent of the preceding 
month's uniform price, adjusted for plant location pursuant to 
Sec. 1006.75 and proper deductions authorized in writing by the 
producer; and
    (ii) For each producer who has not discontinued shipments as of the 
last day of the month, payment shall be made so that it is received by 
the producer on or before the 5th day of the following month (except as 
provided in

[[Page 130]]

Sec. 1000.90) for milk received from the 16th to the last day of the 
month at not less than 85 percent of the preceding month's uniform 
price, adjusted for plant location pursuant to Sec. 1006.75 and proper 
deductions authorized in writing by the producer.
    (2) Final payment. For milk received during the month, a payment 
computed as follows shall be made so that it is received by each 
producer one day after the payment date required in Sec. 1006.72:
    (i) Multiply the hundredweight of producer skim milk received times 
the uniform skim milk price for the month;
    (ii) Multiply the pounds of butterfat received times the uniform 
butterfat price for the month;
    (iii) Multiply the hundredweight of producer milk received times the 
plant location adjustment pursuant to Sec. 1006.75; and
    (iv) Add the amounts computed in paragraphs (a)(2)(i), (ii), and 
(iii) of this section, and from that sum:
    (A) Subtract the partial payments made pursuant to paragraph (a)(1) 
of this section;
    (B) Subtract the deduction for marketing services pursuant to 
Sec. 1000.86;
    (C) Add or subtract for errors made in previous payments to the 
producer; and
    (D) Subtract proper deductions authorized in writing by the 
producer.
    (b) One day before partial and final payments are due pursuant to 
paragraph (a) of this section, each handler shall pay a cooperative 
association for milk received as follows:
    (1) Partial payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk (including the 
milk of producers who are not members of such association and who the 
market administrator determines have authorized the cooperative 
association to collect payment for their milk) received from a 
cooperative association in any capacity, except as the operator of a 
pool plant, the payment shall be equal to the hundredweight of milk 
received multiplied by 90 percent of the preceding month's uniform 
price, adjusted for plant location pursuant to Sec. 1006.75.
    (2) Partial payment to a cooperative association for milk 
transferred from its pool plant. For bulk fluid milk products and bulk 
fluid cream products received during the first 15 days of the month from 
a cooperative association in its capacity as the operator of a pool 
plant, the partial payment shall be at the pool plant operator's 
estimated use value of the milk using the most recent class prices 
available for skim milk and butterfat at the receiving plant's location.
    (3) Final payment to a cooperative association for milk transferred 
from its pool plant. For bulk fluid milk products and bulk fluid cream 
products received during the month from a cooperative association in its 
capacity as the operator of a pool plant, the final payment shall be the 
classified value of such milk as determined by multiplying the pounds of 
skim milk and butterfat assigned to each class pursuant to Sec. 1000.44 
by the class prices for the month at the receiving plant's location, and 
subtracting from this sum the partial payment made pursuant to paragraph 
(b)(2) of this section.
    (4) Final payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk received from a 
cooperative association during the month, including the milk of 
producers who are not members of such association and who the market 
administrator determines have authorized the cooperative association to 
collect payment for their milk, the final payment for such milk shall be 
an amount equal to the sum of the individual payments otherwise payable 
for such milk pursuant to paragraph (a)(2) of this section.
    (c) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1006.72 by the payment date specified in 
paragraph (a) or (b) of this section, the handler may reduce payments 
pursuant to paragraphs (a) and (b) of this section, but by not more than 
the amount of the underpayment. The payments shall be completed on the 
next scheduled payment date after receipt of the balance due from the 
market administrator.
    (d) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or

[[Page 131]]

cannot be located, or because the cooperative association or its lawful 
successor or assignee is no longer in existence, the payment shall be 
made to the producer-settlement fund, and in the event that the handler 
subsequently locates and pays the producer or a lawful claimant, or in 
the event that the handler no longer exists and a lawful claim is later 
established, the market administrator shall make the required payment 
from the producer-settlement fund to the handler or to the lawful 
claimant as the case may be.
    (e) In making payments to producers pursuant to this section, each 
pool plant operator shall furnish each producer, except a producer whose 
milk was received from a cooperative association described in 
Sec. 1000.9(a) or (c), a supporting statement in such form that it may 
be retained by the recipient which shall show:
    (1) The name, address, Grade A identifier assigned by a duly 
constituted regulatory agency, and the payroll number of the producer;
    (2) The month and dates that milk was received from the producer, 
including the daily and total pounds of milk received;
    (3) The total pounds of butterfat in the producer's milk;
    (4) The minimum rate or rates at which payment to the producer is 
required pursuant to the order in this part;
    (5) The rate used in making payment if the rate is other than the 
applicable minimum rate;
    (6) The amount, or rate per hundredweight, and nature of each 
deduction claimed by the handler; and
    (7) The net amount of payment to the producer or cooperative 
association.

[64 FR 47966, Sept. 1, 1999, as amended at 65 FR 32010, May 22, 2000]



Sec. 1006.74  [Reserved]



Sec. 1006.75  Plant location adjustments for producer milk and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1006.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the payments required pursuant to Secs. 1006.73 and 
1000.76.



Sec. 1006.76  Payments by a handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1006.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1006.78  Charges on overdue accounts.

    See Sec. 1000.78.

        Administrative Assessment and Marketing Service Deduction



Sec. 1006.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1006.86  Deduction for marketing services.

    See Sec. 1000.86.



PART 1007--MILK IN THE SOUTHEAST MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1007.1 General provisions.

                               Definitions

1007.2 Southeast marketing area.
1007.3 Route disposition.
1007.4 Plant.
1007.5 Distributing plant.
1007.6 Supply plant.
1007.7 Pool plant.
1007.8 Nonpool plant.
1007.9 Handler.
1007.10 Producer-handler.
1007.11 [Reserved]
1007.12 Producer.
1007.13 Producer milk.
1007.14 Other source milk.
1007.15 Fluid milk product.
1007.16 Fluid cream product.
1007.17 [Reserved]
1007.18 Cooperative association.
1007.19 Commercial food processing establishment.

                             Handler Reports

1007.30 Reports of receipts and utilization.
1007.31 Payroll reports.
1007.32 Other reports.

[[Page 132]]

                         Classification of Milk

1007.40 Classes of utilization.
1007.41 [Reserved]
1007.42 Classification of transfers and diversions.
1007.43 General classification rules.
1007.44 Classification of producer milk.
1007.45 Market administrator's reports and announcements concerning 
          classification.

                              Class Prices

1007.50 Class prices, component prices, and advanced pricing factors.
1007.51 Class I differential and price.
1007.52 Adjusted Class I differentials.
1007.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1007.54 Equivalent price.

                             Uniform Prices

1007.60 Handler's value of milk.
1007.61 Computation of uniform prices.
1007.62 Announcement of uniform prices.

                            Payments for Milk

1007.70 Producer-settlement fund.
1007.71 Payments to the producer-settlement fund.
1007.72 Payments from the producer-settlement fund.
1007.73 Payments to producers and to cooperative associations.
1007.74 [Reserved]
1007.75 Plant location adjustments for producer milk and nonpool milk.
1007.76 Payments by a handler operating a partially regulated 
          distributing plant.
1007.77 Adjustment of accounts.
1007.78 Charges on overdue accounts.

                       Marketwide Service Payments

1007.80 Transportation credit balancing fund.
1007.81 Payments to the transportation credit balancing fund.
1007.82 Payments from the transportation credit balancing fund.

        Administrative Assessment and Marketing Service Deduction

1007.85 Assessment for order administration.
1007.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 47971, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1007.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1007. In this part 1007, all references to sections 
in part 1000 refer to part 1000 of this chapter.

                               Definitions



Sec. 1007.2  Southeast marketing area.

    The marketing area means all territory within the bounds of the 
following states and political subdivisions, including all piers, docks 
and wharves connected therewith and all craft moored thereat, and all 
territory occupied by government (municipal, State or Federal) 
reservations, installations, institutions, or other similar 
establishments if any part thereof is within any of the listed states or 
political subdivisions:

              Alabama, Arkansas, Louisiana, and Mississippi

    All of the States of Alabama, Arkansas, Louisiana, and Mississippi.

                            Florida Counties

    Escambia, Okaloosa, Santa Rosa, and Walton.

                            Georgia Counties

    All of the State of Georgia except for the counties of Catoosa, 
Chattooga, Dade, Fannin, Murray, Walker, and Whitfield.

                            Kentucky Counties

    Allen, Ballard, Barren, Caldwell, Calloway, Carlisle, Christian, 
Crittenden, Fulton, Graves, Hickman, Livingston, Logan, Lyon, 
Marshall,McCracken, Metcalfe, Monroe, Simpson, Todd, Trigg, and Warren.

                            Missouri Counties

    Barry, Barton, Bollinger, Butler, Cape Girardeau, Carter, Cedar, 
Christian, Crawford, Dade, Dallas, Dent, Douglas, Dunklin, Greene, 
Howell, Iron, Jasper, Laclede, Lawrence, Madison, McDonald, Mississippi, 
New Madrid, Newton, Oregon, Ozark, Pemiscot, Perry, Polk, Reynolds, 
Ripley, Scott, Shannon, St. Francois, Stoddard, Stone, Taney, Texas, 
Vernon, Washington, Wayne, Webster, and Wright.

[[Page 133]]

                           Tennessee Counties

    All of the State of Tennessee except for the counties of Anderson, 
Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Cumberland, 
Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, 
Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, Polk, 
Rhea, Roane, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union, and 
Washington.



Sec. 1007.3  Route disposition.

    See Sec. 1000.3.



Sec. 1007.4  Plant.

    See Sec. 1000.4.



Sec. 1007.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1007.6  Supply plant.

    See Sec. 1000.6.



Sec. 1007.7  Pool plant.

    Pool plant means a plant specified in paragraphs (a) through (d) of 
this section, or a unit of plants as specified in paragraph (e) of this 
section, but excluding a plant specified in paragraph (g) of this 
section. The pooling standards described in paragraphs (c) and (d) of 
this section are subject to modification pursuant to paragraph (f) of 
this section:
    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this section or Sec. --------.7(b) of 
any other Federal milk order, from which during the month 50 percent or 
more of the fluid milk products physically received at such plant 
(excluding concentrated milk received from another plant by agreement 
for other than Class I use) are disposed of as route disposition or are 
transferred in the form of packaged fluid milk products to other 
distributing plants. At least 25 percent of such route disposition and 
transfers must be to outlets in the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 50 percent of the total quantity of 
fluid milk products physically received at the plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) into ultra-pasteurized or aseptically-processed fluid 
milk products.
    (c) A supply plant from which 50 percent or more of the total 
quantity of milk that is physically received during the month from dairy 
farmers and handlers described in Sec. 1000.9(c), including milk that is 
diverted from the plant, is transferred to pool distributing plants. 
Concentrated milk transferred from the supply plant to a distributing 
plant for an agreed-upon use other than Class I shall be excluded from 
the supply plant's shipments in computing the plant's shipping 
percentage.
    (d) A plant located within the marketing area that is operated by a 
cooperative association if pool plant status under this paragraph is 
requested for such plant by the cooperative association and during the 
month at least 60 percent of the producer milk of members of such 
cooperative association is delivered directly from farms to pool 
distributing plants or is transferred to such plants as a fluid milk 
product (excluding concentrated milk transferred to a distributing plant 
for an agreed-upon use other than Class I) from the cooperative's plant.
    (e) Two or more plants operated by the same handler and located 
within the marketing area may qualify for pool status as a unit by 
meeting the total and in-area route disposition requirements specified 
in paragraph (a) of this section and the following additional 
requirements:
    (1) At least one of the plants in the unit must qualify as a pool 
plant pursuant to paragraph (a) of this section;
    (2) Other plants in the unit must process only Class I or Class II 
products and must be located in a pricing zone providing the same or a 
lower Class I price than the price applicable at the distributing plant 
included in the unit pursuant to paragraph (e)(1) of this section; and
    (3) A written request to form a unit, or to add or remove plants 
from a unit, must be filed with the market administrator prior to the 
first day of the month for which it is to be effective.
    (f) The applicable shipping percentages of paragraphs (c) and (d) of 
this section may be increased or decreased by the market administrator 
if the market administrator finds that such

[[Page 134]]

adjustment is necessary to encourage needed shipments or to prevent 
uneconomic shipments. Before making such a finding, the market 
administrator shall investigate the need for adjustment either on the 
market administrator's own initiative or at the request of interested 
parties if the request is made in writing at least 15 days prior to the 
date for which the requested revision is desired effective. If the 
investigation shows that an adjustment of the shipping percentages might 
be appropriate, the market administrator shall issue a notice stating 
that an adjustment is being considered and invite data, views and 
arguments. Any decision to revise an applicable shipping percentage must 
be issued in writing at least one day before the effective date.
    (g) The term pool plant shall not apply to the following plants:
    (1) A producer-handler plant;
    (2) An exempt plant as defined in Sec. thnsp;1000.8(e);
    (3) A plant qualified pursuant to paragraph (a) of this section 
which is not located within any Federal order marketing area, meets the 
pooling requirements of another Federal order, and has had greater route 
disposition in such other Federal order marketing area for 3 consecutive 
months;
    (4) A plant qualified pursuant to paragraph (a) of this section 
which is located in another Federal order marketing area, meets the 
pooling standards of the other Federal order, and has not had a majority 
of its route disposition in this marketing area for 3 consecutive months 
or is locked into pool status under such other Federal order without 
regard to its route disposition in any other Federal order marketing 
area; and
    (5) A plant qualified pursuant to paragraph (c) of this section 
which also meets the pooling requirements of another Federal order and 
from which greater qualifying shipments are made to plants regulated 
under such other order than are made to plants regulated under the order 
in this part, or such plant has automatic pooling status under such 
other order.



Sec. 1007.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1007.9  Handler.

    See Sec. 1000.9.



Sec. 1007.10  Producer-handler.

    Producer-handler means a person who:
    (a) Operates a dairy farm and a distributing plant from which there 
is monthly route disposition in the marketing area;
    (b) Receives no fluid milk products, and acquires no fluid milk 
products for route disposition, from sources other than own farm 
production;
    (c) Disposes of no other source milk as Class I milk except by 
increasing the nonfat milk solids content of the fluid milk products 
received from own farm production; and
    (d) Provides proof satisfactory to the market administrator that the 
care and management of the dairy animals and other resources necessary 
to produce all Class I milk handled, and the processing and packaging 
operations, are the producer-handler's own enterprise and are operated 
at the producer-handler's own risk.



Sec. 1007.11  [Reserved]



Sec. 1007.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
(or components of milk) is:
    (1) Received at a pool plant directly from the producer or diverted 
by the plant operator in accordance with Sec. 1007.13; or
    (2) Received by a handler described in Sec. 1000.9(c).
    (b) Producer shall not include:
    (1) A producer-handler as defined in any Federal order;
    (2) A dairy farmer whose milk is received at an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1007.13(d);
    (3) A dairy farmer whose milk is received by diversion at a pool 
plant from a handler regulated under another Federal order if the other 
Federal order designates the dairy farmer as a producer under that order 
and that milk is allocated by request to a utilization other than Class 
I; and

[[Page 135]]

    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another Federal order with respect to that portion 
of the milk so diverted that is assigned to Class I under the provisions 
of such other order.



Sec. 1007.13  Producer milk.

    Producer milk means the skim milk (or the skim equivalent of 
components of skim milk) and butterfat contained in milk of a producer 
that is:
    (a) Received by the operator of a pool plant directly from a 
producer or a handler described in Sec. 1000.9(c). All milk received 
pursuant to this paragraph shall be priced at the location of the plant 
where it is first physically received;
    (b) Received by a handler described in Sec. 1000.9(c) in excess of 
the quantity delivered to pool plants;
    (c) Diverted by a pool plant operator to another pool plant. Milk so 
diverted shall be priced at the location of the plant to which diverted; 
or
    (d) Diverted by the operator of a pool plant or a handler described 
in Sec. 1000.9(c) to a nonpool plant, subject to the following 
conditions:
    (1) In any month of January through June, not less than 4 days' 
production of the producer whose milk is diverted is physically received 
at a pool plant during the month;
    (2) In any month of July through December, not less than 10 days' 
production of the producer whose milk is diverted is physically received 
at a pool plant during the month;
    (3) The total quantity of milk so diverted during the month by a 
cooperative association shall not exceed 33 percent during the months of 
July through December, and 50 percent during the months of January 
through June, of the producer milk that the cooperative association 
caused to be delivered to, and physically received at, pool plants 
during the month;
    (4) The operator of a pool plant that is not a cooperative 
association may divert any milk that is not under the control of a 
cooperative association that diverts milk during the month pursuant to 
paragraph (d) of this section. The total quantity of milk so diverted 
during the month shall not exceed 33 percent during the months of July 
through December, or 50 percent during the months of January through 
June, of the producer milk physically received at such plant (or such 
unit of plants in the case of plants that pool as a unit pursuant to 
Sec. 1007.7(e)) during the month, excluding the quantity of producer 
milk received from a handler described in Sec. 1000.9(c);
    (5) Any milk diverted in excess of the limits prescribed in 
paragraphs (d)(3) and (4) of this section shall not be producer milk. If 
the diverting handler or cooperative association fails to designate the 
dairy farmers' deliveries that will not be producer milk, no milk 
diverted by the handler or cooperative association shall be producer 
milk;
    (6) Diverted milk shall be priced at the location of the plant to 
which diverted; and
    (7) The delivery day requirements and the diversion percentages in 
paragraphs (d)(1) through (4) of this section may be increased or 
decreased by the market administrator if the market administrator finds 
that such revision is necessary to assure orderly marketing and 
efficient handling of milk in the marketing area. Before making such a 
finding, the market administrator shall investigate the need for the 
revision either on the market administrator's own initiative or at the 
request of interested persons. If the investigation shows that a 
revision might be appropriate, the market administrator shall issue a 
notice stating that the revision is being considered and inviting 
written data, views, and arguments. Any decision to revise an applicable 
percentage must be issued in writing at least one day before the 
effective date.



Sec. 1007.14  Other source milk.

    See Sec. 1000.14.



Sec. 1007.15  Fluid milk product.

    See Sec. 1000.15.



Sec. 1007.16  Fluid cream product.

    See Sec. 1000.16.



Sec. 1007.17  [Reserved]



Sec. 1007.18  Cooperative association.

    See Sec. 1000.18.

[[Page 136]]



Sec. 1007.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1007.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator's 
office receives the report on or before the 7th day after the end of the 
month, in the detail and on prescribed forms, as follows:
    (a) With respect to each of its pool plants, the quantities of skim 
milk and butterfat contained in or represented by:
    (1) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c);
    (2) Receipts of milk from handlers described in Sec. 1000.9(c);
    (3) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (4) Receipts of other source milk;
    (5) Receipts of bulk milk from a plant regulated under another 
Federal order, except Federal Order 1005, for which a transportation 
credit is requested pursuant to Sec. 1007.82;
    (6) Receipts of producer milk described in Sec. 1007.82(c)(2), 
including the identity of the individual producers whose milk is 
eligible for the transportation credit pursuant to that paragraph and 
the date that such milk was received;
    (7) For handlers submitting transportation credit requests, 
transfers of bulk milk to nonpool plants, including the dates that such 
milk was transferred;
    (8) Inventories at the beginning and end of the month of fluid milk 
products and bulk fluid cream products; and
    (9) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for reports required by paragraphs (a)(1), (a)(2), (a)(3), (a)(4), and 
(a)(8) of this section. Receipts of milk that would have been producer 
milk if the plant had been fully regulated shall be reported in lieu of 
producer milk. The report shall show also the quantity of any 
reconstituted skim milk in route disposition in the marketing area.
    (c) Each handler described in Sec. 1000.9(c) shall report:
    (1) The quantities of all skim milk and butterfat contained in 
receipts of milk from producers;
    (2) The utilization or disposition of all such receipts; and
    (3) With respect to milk for which a cooperative association is 
requesting a transportation credit pursuant to Sec. 1007.82, all of the 
information required in paragraphs (a)(5), (a)(6), and (a)(7) of this 
section.
    (d) Each handler not specified in paragraphs (a) through (c) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1007.31  Payroll reports.

    (a) On or before the 20th day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1007.7 and each 
handler described in Sec. 1000.9(c) shall report to the market 
administrator its producer payroll for the month, in detail prescribed 
by the market administrator, showing for each producer the information 
specified in Sec. 1007.73(e).
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in the same manner as prescribed for reports required by 
paragraph (a) of this section.



Sec. 1007.32  Other reports.

    (a) On or before the 20th day after the end of each month, each 
handler described in Sec. 1000.9(a) and (c) shall report to the market 
administrator any adjustments to transportation credit requests as 
reported pursuant to Sec. 1007.30(a)(5), (6), and (7).
    (b) In addition to the reports required pursuant to 
Secs. thnsp;1007.30, 31, and 32(a), each handler shall report any 
information the market administrator deems necessary to verify or 
establish

[[Page 137]]

each handler's obligation under the order.

                         Classification of Milk



Sec. 1007.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1007.41  [Reserved]



Sec. 1007.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1007.43  General classification rules.

    See Sec. 1000.43.



Sec. 1007.44  Classification of producer milk.

    See Sec. 1000.44.



Sec. 1007.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

                              Class Prices



Sec. 1007.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1007.51  Class I differential and price.

    The Class I differential shall be the differential established for 
Fulton County, Georgia, which is reported in Sec. 1000.52. The Class I 
price shall be the price computed pursuant to Sec. 1000.50(a) for Fulton 
County, Georgia.



Sec. 1007.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1007.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.



Sec. 1007.54  Equivalent price.

    See Sec. 1000.54.

                             Uniform Prices



Sec. 1007.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants and of each handler described in Sec. 1000.9(c) with respect to 
milk that was not received at a pool plant by adding the amounts 
computed in paragraphs (a) through (e) of this section and subtracting 
from that total amount the value computed in paragraph (f) of this 
section. Receipts of nonfluid milk products that are distributed as 
labeled reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76(a)(4) or (d) 
shall be excluded from pricing under this section.
    (a) Multiply the pounds of skim milk and butterfat in producer milk 
that were classified in each class pursuant to Sec. 1000.44(c) by the 
applicable skim milk and butterfat prices, and add the resulting 
amounts;
    (b) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) by the respective skim 
milk and butterfat prices applicable at the location of the pool plant;
    (c) Multiply the difference between the Class IV price for the 
preceding month and the current month's Class I, II, or III price, as 
the case may be, by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (d) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat 
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from a plant regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants;
    (e) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in

[[Page 138]]

receipts of concentrated fluid milk products assigned to Class I 
pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an equivalent amount of skim milk or butterfat 
disposed of to such plant by handlers fully regulated under any Federal 
milk order is classified and priced as Class I milk and is not used as 
an offset for any other payment obligation under any order; and
    (f) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).

[64 FR 47966, Sept. 1, 1999, as amended at 65 FR 82835, Dec. 28, 2000]



Sec. 1007.61  Computation of uniform prices.

    On or before the 11th day of each month, the market administrator 
shall compute a uniform butterfat price, a uniform skim milk price, and 
a uniform price for producer milk receipts reported for the prior month. 
The report of any handler who has not made payments required pursuant to 
Sec. 1007.71 for the preceding month shall not be included in the 
computation of these prices, and such handler's report shall not be 
included in the computation for succeeding months until the handler has 
made full payment of outstanding monthly obligations.
    (a) Uniform butterfat price. The uniform butterfat price per pound, 
rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1007.60(e) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and
    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Uniform skim milk price. The uniform skim milk price per 
hundredweight, rounded to the nearest cent, shall be computed as 
follows:
    (1) Combine into one total the values computed pursuant to 
Sec. 1007.60 for all handlers;
    (2) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1007.75;
    (3) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;
    (4) Subtract the value of the total pounds of butterfat for all 
handlers. The butterfat value shall be computed by multiplying the sum 
of the pounds of butterfat in producer milk and other source milk used 
to calculate the values in paragraphs (a)(1) and (a)(2) of this section 
by the butterfat price computed in paragraph (a) of this section;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total skim pounds of producer milk; and
    (ii) The total skim pounds for which a value is computed pursuant to 
Sec. 1007.60(e); and
    (6) Subtract not less than 4 cents and not more than 5 cents.
    (c) Uniform price. The uniform price per hundredweight, rounded to 
the nearest cent, shall be the sum of the following:
    (1) Multiply the uniform butterfat price for the month pursuant to 
paragraph (a) of this section times 3.5 pounds of butterfat; and
    (2) Multiply the uniform skim milk price for the month pursuant to 
paragraph (b) of this section times 96.5 pounds of skim milk.

[64 FR 47966, Sept. 1, 1999, as amended at 65 FR 82835, Dec. 28, 2000]

[[Page 139]]



Sec. 1007.62  Announcement of uniform prices.

    On or before the 11th day after the end of the month, the market 
administrator shall announce the uniform prices for the month computed 
pursuant to Sec. thnsp;1007.61.

                            Payments for Milk



Sec. 1007.70  Producer-settlement fund.

    See Sec. 1000.70.



Sec. 1007.71  Payments to the producer-settlement fund.

    Each handler shall make a payment to the producer-settlement fund in 
a manner that provides receipt of the funds by the market administrator 
no later than the 12th day after the end of the month (except as 
provided in Sec. 1000.90). Payment shall be the amount, if any, by which 
the amount specified in paragraph (a) of this section exceeds the amount 
specified in paragraph (b) of this section:
    (a) The total value of milk of the handler for the month as 
determined pursuant to Sec. 1007.60; and
    (b) The sum of the value at the uniform prices for skim milk and 
butterfat, adjusted for plant location, of the handler's receipts of 
producer milk; and the value at the uniform price, as adjusted pursuant 
to Sec. 1007.75, applicable at the location of the plant from which 
received of other source milk for which a value is computed pursuant to 
Sec. 1007.60(e).



Sec. 1007.72  Payments from the producer-settlement fund.

    No later than one day after the date of payment receipt required 
under Sec. 1007.71, the market administrator shall pay to each handler 
the amount, if any, by which the amount computed pursuant to 
Sec. 1007.71(b) exceeds the amount computed pursuant to Sec. 1007.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1007.73  Payments to producers and to cooperative associations.

    (a) Each handler that is not paying a cooperative association for 
producer milk shall pay each producer as follows:
    (1) Partial payment. For each producer who has not discontinued 
shipments as of the 23rd day of the month, payment shall be made so that 
it is received by the producer on or before the 26th day of the month 
(except as provided in Sec. 1000.90) for milk received during the first 
15 days of the month at not less than 90 percent of the preceding 
month's uniform price, adjusted for plant location pursuant to 
Sec. 1007.75 and proper deductions authorized in writing by the 
producer.
    (2) Final payment. For milk received during the month, a payment 
computed as follows shall be made so that it is received by each 
producer one day after the payment date required in Sec. 1007.72:
    (i) Multiply the hundredweight of producer skim milk received times 
the uniform skim milk price for the month;
    (ii) Multiply the pounds of butterfat received times the uniform 
butterfat price for the month;
    (iii) Multiply the hundredweight of producer milk received times the 
plant location adjustment pursuant to Sec. 1007.75; and
    (iv) Add the amounts computed in paragraph (a)(2)(i), (ii), and 
(iii) of this section, and from that sum:
    (A) Subtract the partial payment made pursuant to paragraph (a)(1) 
of this section;
    (B) Subtract the deduction for marketing services pursuant to 
Sec. 1000.86;
    (C) Add or subtract for errors made in previous payments to the 
producer; and
    (D) Subtract proper deductions authorized in writing by the 
producer.
    (b) One day before partial and final payments are due pursuant to 
paragraph (a) of this section, each handler shall pay a cooperative 
association for milk received as follows:
    (1) Partial payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk (including the 
milk of producers who are not members of such association

[[Page 140]]

and who the market administrator determines have authorized the 
cooperative association to collect payment for their milk) received 
during the first 15 days of the month from a cooperative association in 
any capacity, except as the operator of a pool plant, the payment shall 
be equal to the hundredweight of milk received multiplied by 90 percent 
of the preceding month's uniform price, adjusted for plant location 
pursuant to Sec. 1007.75.
    (2) Partial payment to a cooperative association for milk 
transferred from its pool plant. For bulk fluid milk products and bulk 
fluid cream products received during the first 15 days of the month from 
a cooperative association in its capacity as the operator of a pool 
plant, the partial payment shall be at the pool plant operator's 
estimated use value of the milk using the most recent class prices 
available for skim milk and butterfat at the receiving plant's location.
    (3) Final payment to a cooperative association for milk transferred 
from its pool plant. For bulk fluid milk products and bulk fluid cream 
products received during the month from a cooperative association in its 
capacity as the operator of a pool plant, the final payment shall be the 
classified value of such milk as determined by multiplying the pounds of 
skim milk and butterfat assigned to each class pursuant to Sec. 1000.44 
by the class prices for the month at the receiving plant's location, and 
subtracting from this sum the partial payment made pursuant to paragraph 
(b)(2) of this section.
    (4) Final payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk received from a 
cooperative association during the month, including the milk of 
producers who are not members of such association and who the market 
administrator determines have authorized the cooperative association to 
collect payment for their milk, the final payment for such milk shall be 
an amount equal to the sum of the individual payments otherwise payable 
for such milk pursuant to paragraph (a)(2) of this section.
    (c) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1007.72 by the payment date specified in 
paragraph (a) or (b) of this section, the handler may reduce payments 
pursuant to paragraphs (a) and (b) of this section, but by not more than 
the amount of the underpayment. The payments shall be completed on the 
next scheduled payment date after receipt of the balance due from the 
market administrator.
    (d) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or cannot be located, or 
because the cooperative association or its lawful successor or assignee 
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates 
and pays the producer or a lawful claimant, or in the event that the 
handler no longer exists and a lawful claim is later established, the 
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant as the case may 
be.
    (e) In making payments to producers pursuant to this section, each 
pool plant operator shall furnish each producer, except a producer whose 
milk was received from a cooperative association described in 
Sec. 1000.9(a) or (c), a supporting statement in such form that it may 
be retained by the recipient which shall show:
    (1) The name, address, Grade A identifier assigned by a duly 
constituted regulatory agency, and the payroll number of the producer;
    (2) The month and dates that milk was received from the producer, 
including the daily and total pounds of milk received;
    (3) The total pounds of butterfat in the producer's milk;
    (4) The minimum rate or rates at which payment to the producer is 
required pursuant to this order;
    (5) The rate used in making payment if the rate is other than the 
applicable minimum rate;
    (6) The amount, or rate per hundredweight, and nature of each 
deduction claimed by the handler; and
    (7) The net amount of payment to the producer or cooperative 
association.

[64 FR 47971, Sept. 1, 1999, as amended at 65 FR 32010, May 22, 2000]

[[Page 141]]



Sec. 1007.74  [Reserved]



Sec. 1007.75  Plant location adjustments for producer milk and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1007.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the payments required pursuant to Secs. 1007.73 and 
1000.76.



Sec. 1007.76  Payments by a handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1007.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1007.78  Charges on overdue accounts.

    See Sec. 1000.78.

                       Marketwide Service Payments



Sec. 1007.80  Transportation credit balancing fund.

    The market administrator shall maintain a separate fund known as the 
Transportation Credit Balancing Fund into which shall be deposited the 
payments made by handlers pursuant to Sec. 1007.81 and out of which 
shall be made the payments due handlers pursuant to Sec. 1007.82. 
Payments due a handler shall be offset against payments due from the 
handler.



Sec. 1007.81  Payments to the transportation credit balancing fund.

    (a) On or before the 12th day after the end of the month (except as 
provided in Sec. 1000.90), each handler operating a pool plant and each 
handler specified in Sec. 1000.9(c) shall pay to the market 
administrator a transportation credit balancing fund assessment 
determined by multiplying the pounds of Class I producer milk assigned 
pursuant to Sec. 1000.44 by $0.07 per hundredweight or such lesser 
amount as the market administrator deems necessary to maintain a balance 
in the fund equal to the total transportation credits disbursed during 
the prior June-January period. In the event that during any month of the 
June-January period the fund balance is insufficient to cover the amount 
of credits that are due, the assessment should be based upon the amount 
of credits that would have been disbursed had the fund balance been 
sufficient.
    (b) The market administrator shall announce publicly on or before 
the 5th day of the month (except as provided in Sec. 1000.90) the 
assessment pursuant to paragraph (a) of this section for the following 
month.



Sec. 1007.82  Payments from the transportation credit balancing fund.

    (a) Payments from the transportation credit balancing fund to 
handlers and cooperative associations requesting transportation credits 
shall be made as follows:
    (1) On or before the 13th day (except as provided in Sec. 1000.90) 
after the end of each of the months of July through December and any 
other month in which transportation credits are in effect pursuant to 
paragraph (b) of this section, the market administrator shall pay to 
each handler that received, and reported pursuant to Sec. 1007.30(a)(5), 
bulk milk transferred from a plant fully regulated under another Federal 
order as described in paragraph (c)(1) of this section or that received, 
and reported pursuant to Sec. 1007.30(a)(6), milk directly from 
producers' farms as specified in paragraph (c)(2) of this section, a 
preliminary amount determined pursuant to paragraph (d) of this section 
to the extent that funds are available in the transportation credit 
balancing fund. If an insufficient balance exists to pay all of the 
credits computed pursuant to this section, the market administrator 
shall distribute the balance available in the transportation credit 
balancing fund by reducing payments pro rata using the percentage 
derived by dividing the balance in the fund by the total credits that 
are due for the month. The amount of credits resulting from this initial 
proration shall be subject to audit adjustment pursuant to paragraph 
(a)(2) of this section;
    (2) The market administrator shall accept adjusted requests for 
transportation credits on or before the 20th day

[[Page 142]]

of the month following the month for which such credits were requested 
pursuant to Sec. 1007.32(a). After such date, a preliminary audit will 
be conducted by the market administrator, who will recalculate any 
necessary proration of transportation credit payments for the preceding 
month pursuant to paragraph (a) of this section. Handlers will be 
promptly notified of an overpayment of credits based upon this final 
computation and remedial payments to or from the transportation credit 
balancing fund will be made on or before the next payment date for the 
following month;
    (3) Transportation credits paid pursuant to paragraphs (a)(1) and 
(2) of this section shall be subject to final verification by the market 
administrator pursuant to Sec. 1000.77. Adjusted payments to or from the 
transportation credit balancing fund will remain subject to the final 
proration established pursuant to paragraph (a)(2) of this section; and
    (4) In the event that a qualified cooperative association is the 
responsible party for whose account such milk is received and written 
documentation of this fact is provided to the market administrator 
pursuant to Sec. 1007.30(c)(3) prior to the date payment is due, the 
transportation credits for such milk computed pursuant to this section 
shall be made to such cooperative association rather than to the 
operator of the pool plant at which the milk was received.
    (b) The market administrator may extend the period during which 
transportation credits are in effect (i.e., the transportation credit 
period) to the months of January and June if a written request to do so 
is received 15 days prior to the beginning of the month for which the 
request is made and, after conducting an independent investigation, 
finds that such extension is necessary to assure the market of an 
adequate supply of milk for fluid use. Before making such a finding, the 
market administrator shall notify the Director of the Dairy Division and 
all handlers in the market that an extension is being considered and 
invite written data, views, and arguments. Any decision to extend the 
transportation credit period must be issued in writing prior to the 
first day of the month for which the extension is to be effective.
    (c) Transportation credits shall apply to the following milk:
    (1) Bulk milk received from a plant regulated under another Federal 
order, except Federal Order 1005, and allocated to Class I milk pursuant 
to Sec. 1000.44(a)(9); and
    (2) Bulk milk received directly from the farms of dairy farmers at 
pool distributing plants subject to the following conditions:
    (i) The quantity of such milk that shall be eligible for the 
transportation credit shall be determined by multiplying the total 
pounds of milk received from producers meeting the conditions of this 
paragraph by the lower of:
    (A) The marketwide estimated Class I utilization of all handlers for 
the month pursuant to Sec. 1000.45(a); or
    (B) The Class I utilization of all producer milk of the pool plant 
operator receiving the milk after the computations described in 
Sec. 1000.44;
    (ii) The dairy farmer was not a ``producer'' under the order in this 
part during more than 2 of the immediately preceding months of February 
through May and not more than 50 percent of the production of the dairy 
farmer during those 2 months, in aggregate, was received as producer 
milk under the order in this part during those 2 months; and
    (iii) The farm on which the milk was produced is not located within 
the specified marketing area of the order in this part or the marketing 
area of Federal Order 1005 (7 CFR part 1005).
    (d) Transportation credits shall be computed as follows:
    (1) The market administrator shall subtract from the pounds of milk 
described in paragraphs (c)(1) and (2) of this section the pounds of 
bulk milk transferred from the pool plant receiving the supplemental 
milk if milk was transferred to a nonpool plant on the same calendar day 
that the supplemental milk was received. For this purpose, the 
transferred milk shall be subtracted from the most distant load of 
supplemental milk received, and then in sequence with the next most 
distant load until all of the transfers have been offset;

[[Page 143]]

    (2) With respect to the pounds of milk described in paragraph (c)(1) 
of this section that remain after the computations described in 
paragraph (d)(1) of this section, the market administrator shall:
    (i) Determine the shortest hard-surface highway distance between the 
shipping plant and the receiving plant;
    (ii) Multiply the number of miles so determined by 0.35 cent;
    (iii) Subtract the applicable Class I differential in Sec. 1000.52 
for the county in which the shipping plant is located from the Class I 
differential applicable for the county in which the receiving plant is 
located;
    (iv) Subtract any positive difference computed in paragraph 
(d)(2)(iii) of this section from the amount computed in paragraph 
(d)(2)(ii) of this section; and
    (v) Multiply the remainder computed in paragraph (d)(2)(iv) of this 
section by the hundredweight of milk described in paragraph (d)(2) of 
this section.
    (3) For the remaining milk described in paragraph (c)(2) of this 
section after computations described in paragraph (d)(1) of this 
section, the market administrator shall:
    (i) Determine an origination point for each load of milk by locating 
the nearest city to the last producer's farm from which milk was picked 
up for delivery to the receiving pool plant;
    (ii) Determine the shortest hard-surface highway distance between 
the receiving pool plant and the origination point;
    (iii) Subtract 85 miles from the mileage so determined;
    (iv) Multiply the remaining miles so computed by 0.35 cent;
    (v) Subtract the Class I differential specified in Sec. 1000.52 
applicable for the county in which the origination point is located from 
the Class I differential applicable at the receiving pool plant's 
location;
    (vi) Subtract any positive difference computed in paragraph 
(d)(3)(v) of this section from the amount computed in paragraph 
(d)(3)(iv) of this section; and
    (vii) Multiply the remainder computed in paragraph (d)(3)(vi) of 
this section by the hundredweight of milk described in paragraph (d)(3) 
of this section.

        Administrative Assessment and Marketing Service Deduction



Sec. 1007.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1007.86  Deduction for marketing services.

    See Sec. 1000.86.

                       PARTS 1011-1013 [RESERVED]



PART 1030--MILK IN THE UPPER MIDWEST MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1030.1 General provisions.

                               Definitions

1030.2 Upper Midwest marketing area.
1030.3 Route disposition.
1030.4 Plant.
1030.5 Distributing plant.
1030.6 Supply plant.
1030.7 Pool plant.
1030.8 Nonpool plant.
1030.9 Handler.
1030.10 Producer-handler.
1030.11 [Reserved]
1030.12 Producer.
1030.13 Producer milk.
1030.14 Other source milk.
1030.15 Fluid milk product.
1030.16 Fluid cream product.
1030.17 [Reserved]
1030.18 Cooperative association.
1030.19 Commercial food processing establishment.

                             Handler Reports

1030.30 Reports of receipts and utilization.
1030.31 Payroll reports.
1030.32 Other reports.

                         Classification of Milk

1030.40 Classes of utilization.
1030.41 [Reserved]
1030.42 Classification of transfers and diversions.
1030.43 General classification rules.
1030.44 Classification of producer milk.
1030.45 Market administrator's reports and announcements concerning 
          classification.

                              Class Prices

1030.50 Class prices, component prices, and advanced pricing factors.
1030.51 Class I differential and price.

[[Page 144]]

1030.52 Adjusted Class I differentials.
1030.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1030.54 Equivalent price.
1030.55 Transportation credits and assembly credits.

                       Producer Price Differential

1030.60 Handler's value of milk.
1030.61 Computation of producer price differential.
1030.62 Announcement of producer prices.

                            Payments for Milk

1030.70 Producer-settlement fund.
1030.71 Payments to the producer-settlement fund.
1030.72 Payments from the producer-settlement fund.
1030.73 Payments to producers and to cooperative associations.
1030.74 [Reserved]
1030.75 Plant location adjustments for producer milk and nonpool milk.
1030.76 Payments by a handler operating a partially regulated 
          distributing plant.
1030.77 Adjustment of accounts.
1030.78 Charges on overdue accounts.

        Administrative Assessment and Marketing Service Deduction

1030.85 Assessment for order administration.
1030.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674.

    Source: 64 FR 47978, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1030.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1030. In this part 1030, all references to sections 
in part 1000 refer to part 1000 of this chapter.

                               Definitions



Sec. 1030.2  Upper Midwest marketing area.

    The marketing area means all territory within the bounds of the 
following states and political subdivisions, including all piers, docks, 
and wharves connected therewith and all craft moored thereat, and all 
territory occupied by government (municipal, State, or Federal) 
reservations, installations, institutions, or other similar 
establishments if any part thereof is within any of the listed states or 
political subdivisions:

                            Illinois Counties

    Boone, Carroll, Cook, De Kalb, Du Page, Jo Daviess, Kane, Kendall, 
Lake, Lee, McHenry, Ogle, Stephenson, Will, and Winnebago.

                              Iowa Counties

    Howard, Kossuth, Mitchell, Winnebago, Winneshiek, and Worth.

                            Michigan Counties

    Delta, Dickinson, Gogebic, Iron, Menominee, and Ontonagon.

                                Minnesota

    All counties except Lincoln, Nobles, Pipestone, and Rock.

                          North Dakota Counties

    Barnes, Cass, Cavalier, Dickey, Grand Forks, Griggs, La Moure, 
Nelson, Pembina, Ramsey, Ransom, Richland, Sargent, Steele, Traill, and 
Walsh.

                          South Dakota Counties

    Brown, Day, Edmunds, Grant, Marshall, McPherson, Roberts, and 
Walworth.

                           Wisconsin Counties

    All counties except Crawford and Grant.



Sec. 1030.3  Route disposition.

    See Sec. 1000.3.



Sec. 1030.4  Plant.

    See Sec. 1000.4.



Sec. 1030.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1030.6  Supply plant.

    See Sec. 1000.6.



Sec. 1030.7  Pool plant.

    Pool plant means a plant, unit of plants, or system of plants as 
specified in paragraphs (a) through (f) of this section, but excluding a 
plant specified in paragraph (h) of this section. The pooling standards 
described in paragraphs (c) and (f) of this section are subject to 
modification pursuant to paragraph (g) of this section:
    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this section or

[[Page 145]]

(Sec. --------.7b) of any other Federal milk order, from which during 
the month 15 percent or more of the total quantity of fluid milk 
products physically received at the plant (excluding concentrated milk 
received from another plant by agreement for other than Class I use) are 
disposed of as route disposition or are transferred in the form of 
packaged fluid milk products to other distributing plants. At least 25 
percent of such route disposition and transfers must be to outlets in 
the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 15 percent of the total quantity of 
fluid milk products physically received at the plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) into ultra-pasteurized or aseptically-processed fluid 
milk products.
    (c) A supply plant from which the quantity of bulk fluid milk 
products shipped to (and physically unloaded into) plants described in 
paragraph (c)(1) of this section is not less than 10 percent of the 
Grade A milk received from dairy farmers (except dairy farmers described 
in Sec. 1030.12(b)) and handlers described in Sec. 1000.9(c), including 
milk diverted pursuant to Sec. 1030.13, subject to the following 
conditions:
    (1) Qualifying shipments may be made to plants described in 
paragraphs (c)(1)(i) through (iv) of this section, except that whenever 
shipping requirements are increased pursuant to paragraph (g) of this 
section, only shipments to pool plants described in paragraphs (a), (b), 
and (e) of this section shall count as qualifying shipments for the 
purpose of meeting the increased shipments:
    (i) Pool plants described in Sec. 1030.7(a), (b) and (e);
    (ii) Plants of producer-handlers;
    (iii) Partially regulated distributing plants, except that credit 
for such shipments shall be limited to the amount of such milk 
classified as Class I at the transferee plant; and
    (iv) Distributing plants fully regulated under other Federal orders, 
except that credit for shipments to such plants shall be limited to the 
quantity shipped to pool distributing plants during the month and 
credits for shipments to other order plants shall not include any such 
shipments made on the basis of agreed-upon Class II, Class III, or Class 
IV utilization.
    (2) The operator of a supply plant may include as qualifying 
shipments under this paragraph milk delivered directly from producers' 
farms pursuant to Secs. 1000.9(c) or 1030.13(c) to plants described in 
paragraphs (a), (b), and (e) of this section.
    (3) Concentrated milk transferred from the supply plant to a 
distributing plant for an agreed-upon use other than Class I shall be 
excluded from the supply plant's shipments in computing the supply 
plant's shipping percentage.
    (d) [Reserved]
    (e) Two or more plants operated by the same handler and located in 
the marketing area may qualify for pool status as a unit by meeting the 
total and in-area route disposition requirements of a pool distributing 
plant specified in paragraph (a) of this section and subject to the 
following additional requirements:
    (1) At least one of the plants in the unit must qualify as a pool 
plant pursuant to paragraph (a) of this section;
    (2) Other plants in the unit must process Class I or Class II 
products, using 50 percent or more of the total Grade A fluid milk 
products received in bulk form at such plant or diverted therefrom by 
the plant operator in Class I or Class II products; and
    (3) The operator of the unit has filed a written request with the 
market administrator prior to the first day of the month for which such 
status is desired to be effective. The unit shall continue from month-
to-month thereafter without further notification. The handler shall 
notify the market administrator in writing prior to the first day of any 
month for which termination or any change of the unit is desired.
    (f) A system of 2 or more supply plants operated by one or more 
handlers may qualify for pooling by meeting the shipping requirements of 
paragraph (c) of this section in the same manner as a single plant 
subject to the following additional requirements:
    (1) Each plant in the system is located within the marketing area or 
was a pool supply plant pursuant to

[[Page 146]]

Sec. 1030.7(c) for each of the 3 months immediately preceding the 
applicability date of this paragraph so long as it continues to maintain 
pool status. Cooperative associations may not use shipments pursuant to 
Sec. 1000.9(c) to qualify plants located outside the marketing area;
    (2) The handler(s) establishing the system submits a written request 
to the market administrator on or before July 15 requesting that such 
plants qualify as a system for the period of August through July of the 
following year. Such request will contain a list of the plants 
participating in the system in the order, beginning with the last plant, 
in which the plants will be dropped from the system if the system fails 
to qualify. Each plant that qualifies as a pool plant within a system 
shall continue each month as a plant in the system through the following 
July unless the handler(s) establishing the system submits a written 
request to the market administrator that the plant be deleted from the 
system or that the system be discontinued. Any plant that has been so 
deleted from a system, or that has failed to qualify in any month, will 
not be part of any system for the remaining months through July. The 
handler(s) that established a system may add a plant operated by such 
handler(s) to a system if such plant has been a pool plant each of the 6 
prior months and would otherwise be eligible to be in a system, upon 
written request to the market administrator no later than the 15th day 
of the prior month. In the event of an ownership change or the business 
failure of a handler that is a participant in a system, the system may 
be reorganized to reflect such changes if a written request to file a 
new marketing agreement is submitted to the market administrator; and
    (3) If a system fails to qualify under the requirements of this 
paragraph, the handler responsible for qualifying the system shall 
notify the market administrator which plant or plants will be deleted 
from the system so that the remaining plants may be pooled as a system. 
If the handler fails to do so, the market administrator shall exclude 
one or more plants, beginning at the bottom of the list of plants in the 
system and continuing up the list as necessary until the deliveries are 
sufficient to qualify the remaining plants in the system.
    (g) The applicable shipping percentages of paragraphs (c) and (f) of 
this section and Sec. 1030.13(d)(2), and (d)(3) may be increased or 
decreased, for all or part of the marketing area, by the market 
administrator if the market administrator finds that such adjustment is 
necessary to encourage needed shipments or to prevent uneconomic 
shipments. Before making such a finding, the market administrator shall 
investigate the need for adjustment either on the market administrator's 
own initiative or at the request of interested parties if the request is 
made in writing at least 15 days prior to the month for which the 
requested revision is desired effective. If the investigation shows that 
an adjustment of the shipping percentages might be appropriate, the 
market administrator shall issue a notice stating that an adjustment is 
being considered and invite data, views and arguments. Any decision to 
revise an applicable shipping or diversion percentage must be issued in 
writing at least one day before the effective date.
    (h) The term pool plant shall not apply to the following plants:
    (1) A producer-handler as defined under any Federal order;
    (2) An exempt plant as defined in Sec. 1000.8(e);
    (3) A plant located within the marketing area and qualified pursuant 
to paragraph (a) of this section which meets the pooling requirements of 
another Federal order, and from which more than 50 percent of its route 
disposition has been in the other Federal order marketing area for 3 
consecutive months;
    (4) A plant located outside any Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of another Federal order and has had greater route 
disposition in such other Federal order's marketing area for 3 
consecutive months;
    (5) A plant located in another Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of such other Federal order and

[[Page 147]]

does not have a majority of its route distribution in this marketing 
area for 3 consecutive months or if the plant is required to be 
regulated under such other Federal order without regard to its route 
disposition in any other Federal order marketing area;
    (6) A plant qualified pursuant to paragraph (c) of this section 
which also meets the pooling requirements of another Federal order and 
from which greater qualifying shipments are made to plants regulated 
under the other Federal order than are made to plants regulated under 
the order in this part, or the plant has automatic pooling status under 
the other Federal order; and
    (7) That portion of a regulated plant designated as a nonpool plant 
that is physically separate and operated separately from the pool 
portion of such plant. The designation of a portion of a regulated plant 
as a nonpool plant must be requested in advance and in writing by the 
handler and must be approved by the market administrator.
    (i) Any plant that qualifies as a pool plant in each of the 
immediately preceding 3 months pursuant to paragraph (a) of this section 
or the shipping percentages in paragraph (c) of this section that is 
unable to meet such performance standards for the current month because 
of unavoidable circumstances determined by the market administrator to 
be beyond the control of the handler operating the plant, such as a 
natural disaster (ice storm, wind storm, flood), fire, breakdown of 
equipment, or work stoppage, shall be considered to have met the minimum 
performance standards during the period of such unavoidable 
circumstances, but such relief shall not be granted for more than 2 
consecutive months.

[64 FR 47978, Sept. 1, 1999, as amended at 67 FR 19508, Apr. 22, 2002]



Sec. 1030.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1030.9  Handler.

    See Sec. 1000.9.



Sec. 1030.10  Producer-handler.

    Producer-handler means a person who:
    (a) Operates a dairy farm and a distributing plant from which there 
is route disposition in the marketing area during the month;
    (b) Receives fluid milk from own farm production or milk that is 
fully subject to the pricing and pooling provisions of the order in this 
part or any other Federal order;
    (c) Receives at its plant or acquires for route disposition no more 
than 150,000 pounds of fluid milk products from handlers fully regulated 
under any Federal order. This limitation shall not apply if the 
producer-handler's own farm production is less than 150,000 pounds 
during the month;
    (d) Disposes of no other source milk as Class I milk except by 
increasing the nonfat milk solids content of the fluid milk products; 
and
    (e) Provides proof satisfactory to the market administrator that the 
care and management of the dairy animals and other resources necessary 
to produce all Class I milk handled (excluding receipts from handlers 
fully regulated under any Federal order) and the processing and 
packaging operations are the producer-handler's own enterprise and at 
its own risk.



Sec. 1030.11  [Reserved]



Sec. 1030.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
is:
    (1) Received at a pool plant directly from the producer or diverted 
by the plant operator in accordance with Sec. 1030.13; or
    (2) Received by a handler described in Sec. 1000.9(c).
    (b) Producer shall not include:
    (1) A producer-handler as defined in any Federal order;
    (2) A dairy farmer whose milk is received at an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1030.13(d);
    (3) A dairy farmer whose milk is received by diversion at a pool 
plant from a handler regulated under another Federal order if the other 
Federal order designates the dairy farmer as a producer under that order 
and that milk is

[[Page 148]]

allocated by request to a utilization other than Class I; and
    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another Federal order with respect to that portion 
of the milk so diverted that is assigned to Class I under the provisions 
of such other order.



Sec. 1030.13  Producer milk.

    Except as provided for in paragraph (e) of this section, Producer 
milk means the skim milk (or the skim equivalent of components of skim 
milk), including nonfat components, and butterfat in milk of a producer 
that is:
    (a) Received by the operator of a pool plant directly from a 
producer or a handler described in Sec. 1000.9(c). All milk received 
pursuant to this paragraph shall be priced at the location of the plant 
where it is first physically received;
    (b) Received by a handler described in Sec. 1000.9(c) in excess of 
the quantity delivered to pool plants;
    (c) Diverted by a pool plant operator to another pool plant. Milk so 
diverted shall be priced at the location of the plant to which diverted; 
or
    (d) Diverted by the operator of a pool plant or a cooperative 
association described in Sec. 1000.9(c) to a nonpool plant, subject to 
the following conditions:
    (1) Milk of a dairy farmer shall not be eligible for diversion 
unless at least one day's production of such dairy farmer is physically 
received as producer milk at a pool plant during the first month the 
dairy farmer is a producer. If a dairy farmer loses producer status 
under the order in this part (except as a result of a temporary loss of 
Grade A approval or as a result of the handler of the dairy farmer's 
milk failing to pool the milk under any order), the dairy farmer's milk 
shall not be eligible for diversion unless at least one day's production 
of the dairy farmer has been physically received as producer milk at a 
pool plant during the first month the dairy farmer is re-associated with 
the market;
    (2) The quantity of milk diverted by a handler described in 
Sec. 1000.9(c) may not exceed 90 percent of the producer milk receipts 
reported by the handler pursuant to Sec. 1030.30(c) provided that not 
less than 10 percent of such receipts are delivered to plants described 
in Sec. 1030.7(c)(1)(i) through (iii). These percentages are subject to 
any adjustments that may be made pursuant to Sec. 1030.7(g); and
    (3) The quantity of milk diverted to nonpool plants by the operator 
of a pool plant described in Sec. 1030.7(a) or (b) may not exceed 90 
percent of the Grade A milk received from dairy farmers (except dairy 
farmers described in Sec. 1030.12(b)) including milk diverted pursuant 
to Sec. 1030.13; and
    (4) Diverted milk shall be priced at the location of the plant to 
which diverted.
    (e) Producer milk shall not include milk of a producer that is 
subject to inclusion and participation in a marketwide equalization pool 
under a milk classification and pricing program imposed under the 
authority of a State government maintaining marketwide pooling of 
returns.

[64 FR 47978, Sept. 1, 1999, as amended at 67 FR 19508, Apr. 22, 2002]



Sec. 1030.14  Other source milk.

    See Sec. 1000.14.



Sec. 1030.15  Fluid milk product.

    See Sec. 1000.15.



Sec. 1030.16  Fluid cream product.

    See Sec. 1000.16.



Sec. 1030.17  [Reserved]



Sec. 1030.18  Cooperative association.

    See Sec. 1000.18.



Sec. 1030.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1030.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator's 
office receives the report on or before the 9th day after the end of the 
month, in the detail and on the prescribed forms, as follows:
    (a) Each handler that operates a pool plant shall report for each of 
its operations the following information:

[[Page 149]]

    (1) Product pounds, pounds of butterfat, pounds of protein, pounds 
of solids-not-fat other than protein (other solids), and the value of 
the somatic cell adjustment pursuant to Sec. 1000.50(p), contained in or 
represented by:
    (i) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c); and
    (ii) Receipts of milk from handlers described in Sec. 1000.9(c);
    (2) Product pounds and pounds of butterfat contained in:
    (i) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (ii) Receipts of other source milk; and
    (iii) Inventories at the beginning and end of the month of fluid 
milk products and bulk fluid cream products;
    (3) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph; and
    (4) Such other information with respect to the receipts and 
utilization of skim milk, butterfat, milk protein, other nonfat solids, 
and somatic cell information, as the market administrator may prescribe.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for reports required by paragraph (a) of this section. Receipts of milk 
that would have been producer milk if the plant had been fully regulated 
shall be reported in lieu of producer milk. The report shall show also 
the quantity of any reconstituted skim milk in route disposition in the 
marketing area.
    (c) Each handler described in Sec. 1000.9(c) shall report:
    (1) The product pounds, pounds of butterfat, pounds of protein, 
pounds of solids-not-fat other than protein (other solids), and the 
value of the somatic cell adjustment pursuant to Sec. 1000.50(p), 
contained in receipts of milk from producers; and
    (2) The utilization or disposition of such receipts.
    (d) Each handler not specified in paragraphs (a) through (c) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1030.31  Payroll reports.

    (a) On or before the 22nd day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1030.7 and each 
handler described in Sec. 1000.9(c) shall report to the market 
administrator its producer payroll for the month, in the detail 
prescribed by the market administrator, showing for each producer the 
information described in Sec. 1030.73(f).
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in the same manner as prescribed for reports required by 
paragraph (a) of this section.



Sec. 1030.32  Other reports.

    In addition to the reports required pursuant to Secs. 1030.30 and 
1030.31, each handler shall report any information the market 
administrator deems necessary to verify or establish each handler's 
obligation under the order.

                         Classification of Milk



Sec. 1030.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1030.41  [Reserved]



Sec. 1030.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1030.43  General classification rules.

    See Sec. 1000.43.



Sec. 1030.44  Classification of producer milk.

    See Sec. 1000.44.



Sec. 1030.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

[[Page 150]]

                              Class Prices



Sec. 1030.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1030.51  Class I differential and price.

    The Class I differential shall be the differential established for 
Cook County, Illinois, which is reported in Sec. 1000.52. The Class I 
price shall be the price computed pursuant to Sec. 1000.50(a) for Cook 
County, Illinois.



Sec. 1030.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1030.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.



Sec. 1030.54  Equivalent price.

    See Sec. 1000.54.



Sec. 1030.55  Transportation credits and assembly credits.

    (a) Each handler operating a pool distributing plant described in 
Sec. 1030.7(a), (b), or (e) that receives bulk milk from another pool 
plant shall receive a transportation credit for such milk computed as 
follows:
    (1) Determine the hundredweight of milk eligible for the credit by 
completing the steps in paragraph (c) of this section;
    (2) Multiply the hundredweight of milk eligible for the credit by 
.28 cents times the number of miles between the transferor plant and the 
transferee plant;
    (3) Subtract the effective Class I price at the transferor plant 
from the effective Class I price at the transferee plant;
    (4) Multiply any positive amount resulting from the subtraction in 
paragraph (a)(3) of this section by the hundredweight of milk eligible 
for the credit; and
    (5) Subtract the amount computed in paragraph (a)(4) of this section 
from the amount computed in paragraph (a)(2) of this section. If the 
amount computed in paragraph (a)(4) of this section exceeds the amount 
computed in paragraph (a)(2) of this section, the transportation credit 
shall be zero.
    (b) Each handler operating a pool distributing plant described in 
Sec. 1030.7(a), (b), or (e) that receives milk from dairy farmers, each 
handler that transfers or diverts bulk milk from a pool plant to a pool 
distributing plant, and each handler described in Sec. 1000.9(c) that 
delivers producer milk to a pool distributing plant shall receive an 
assembly credit on the portion of such milk eligible for the credit 
pursuant to paragraph (c) of this section. The credit shall be computed 
by multiplying the hundredweight of milk eligible for the credit by 8 
cents.
    (c) The following procedure shall be used to determine the amount of 
milk eligible for transportation and assembly credits pursuant to 
paragraphs (a) and (b) of this section:
    (1) At each pool distributing plant, determine the aggregate 
quantity of Class I milk, excluding beginning inventory of packaged 
fluid milk products;
    (2) Subtract the quantity of packaged fluid milk products received 
at the pool distributing plant from other pool plants and from nonpool 
plants if such receipts are assigned to Class I;
    (3) Subtract the quantity of bulk milk shipped from the pool 
distributing plant to other plants to the extent that such milk is 
classified as Class I milk;
    (4) Subtract the quantity of bulk milk received at the pool 
distributing plant from other order plants and unregulated supply plants 
that is assigned to Class I pursuant to Secs. 1000.43(d) and 1000.44; 
and
    (5) Assign the remaining quantity pro rata to physical receipts 
during the month from:
    (i) Producers;
    (ii) Handlers described in Sec. 1000.9(c); and
    (iii) Other pool plants.
    (d) For purposes of this section, the distances to be computed shall 
be determined by the market administrator using the shortest available 
state and/or Federal highway mileage. Mileage determinations are subject 
to redetermination at all times. In the event a handler requests a 
redetermination of the mileage pertaining to any plant,

[[Page 151]]

the market administrator shall notify the handler of such 
redetermination within 30 days after the receipt of such request. Any 
financial obligations resulting from a change in mileage shall not be 
retroactive for any periods prior to the redetermination by the market 
administrator.

                       Producer Price Differential



Sec. 1030.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants and of each handler described in Sec. 1000.9(c) with respect to 
milk that was not received at a pool plant by adding the amounts 
computed in paragraphs (a) through (i) of this section and subtracting 
from that total amount the values computed in paragraphs (j) and (k) of 
this section. Unless otherwise specified, the skim milk, butterfat, and 
the combined pounds of skim milk and butterfat referred to in this 
section shall result from the steps set forth in Sec. 1000.44(a), (b), 
and (c), respectively, and the nonfat components of producer milk in 
each class shall be based upon the proportion of such components in 
producer skim milk. Receipts of nonfluid milk products that are 
distributed as labeled reconstituted milk for which payments are made to 
the producer-settlement fund of another Federal order under 
Sec. 1000.76(a)(4) or (d) shall be excluded from pricing under this 
section.
    (a) Class I value. (1) Multiply the pounds of skim milk in Class I 
by the Class I skim milk price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class I by the Class I butterfat price.
    (b) Class II value. (1) Multiply the pounds of nonfat solids in 
Class II skim milk by the Class II nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class II times the Class II butterfat price.
    (c) Class III value. (1) Multiply the pounds of protein in Class III 
skim milk by the protein price;
    (2) Add an amount obtained by multiplying the pounds of other solids 
in Class III skim milk by the other solids price; and
    (3) Add an amount obtained by multiplying the pounds of butterfat in 
Class III by the Class III butterfat price.
    (d) Class IV value. (1) Multiply the pounds of nonfat solids in 
Class IV skim milk by the nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class IV by the Class IV butterfat price.
    (e) Compute an adjustment for the somatic cell content of producer 
milk by multiplying the values reported pursuant to Sec. 1030.30(a)(1) 
and (c)(1) by the percentage of total producer milk allocated to Class 
II, Class III, and Class IV pursuant to Sec. 1000.44(c);
    (f) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) and the corresponding step 
of Sec. 1000.44(b) by the skim milk prices and butterfat prices 
applicable to each class.
    (g) Multiply the difference between the current month's Class I, II, 
or III price, as the case may be, and the Class IV price for the 
preceding month and by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (h) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat 
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from plants regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants.
    (i) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in

[[Page 152]]

receipts of concentrated fluid milk products assigned to Class I 
pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an equivalent amount of skim milk or butterfat 
disposed of to such plant by handlers fully regulated under any Federal 
milk order is classified and priced as Class I milk and is not used as 
an offset for any other payment obligation under any order.
    (j) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).
    (k) Compute the amount of credits applicable pursuant to 
Sec. 1030.55.

[64 FR 47978, Sept. 1, 1999, as amended at 65 FR 82836, Dec. 28, 2000]



Sec. 1030.61  Computation of producer butterfat price and producer price differential.

    For each month the market administrator shall compute a producer 
butterfat price per pound of butterfat and a producer price differential 
per hundredweight for producer milk receipts. The report of any handler 
who has not made payments required pursuant to Sec. 1030.71 for the 
preceding month shall not be included in the computation of these 
prices, and such handler's report shall not be included in the 
computation for succeeding months until the handler has made full 
payment of outstanding monthly obligations. Subject to the conditions of 
this paragraph, the market administrator shall compute the producer 
butterfat price and the producer price differential in the following 
manner:
    (a) Producer butterfat price. The producer butterfat price per 
pound, rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1030.60(i) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and
    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Producer price differential. (1) Combine into one total the 
values computed pursuant to Sec. 1030.60 for all handlers required to 
file reports prescribed in Sec. 1030.30;
    (2) Subtract the total of the values obtained:
    (i) By multiplying the total pounds of protein, other solids, and 
butterfat contained in each handler's producer milk for which an 
obligation was computed pursuant to Sec. 1030.60(a) through (h) and 
Sec. 1030.60(j) by the protein price, other solids price, and producer 
butterfat price, respectively, and the total value of the somatic cell 
adjustment pursuant to Sec. 1030.30(a)(1) and (c)(1);
    (ii) By multiplying each handler's pounds of skim milk and butterfat 
for which a value is computed pursuant to Sec. 1030.60(i) by the Class 
III skim milk price and the producer butterfat price, respectively;
    (3) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1030.75;
    (4) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total hundredweight of producer milk; and
    (ii) The total hundredweight for which a value is computed pursuant 
to Sec. 1030.60(i); and
    (6) Subtract not less than 4 cents nor more than 5 cents from the 
price computed pursuant to paragraph (b)(5) of this section. The result 
shall be known

[[Page 153]]

as the producer price differential for the month.

[65 FR 82836, Dec. 28, 2000]



Sec. 1030.62  Announcement of producer prices.

    On or before the 13th day after the end of each month, the market 
administrator shall announce publicly the following prices and 
information:
    (a) The producer price differential;
    (b) The protein price;
    (c) The nonfat solids price;
    (d) The other solids price;
    (e) The producer butterfat price;
    (f) The somatic cell adjustment rate;
    (g) The average butterfat, nonfat solids, protein and other solids 
content of producer milk; and
    (h) The statistical uniform price computed by adding the following 
values:
    (1) The Class III skim milk price computed in Sec. 1000.50(i) 
multiplied by .965;
    (2) The producer butterfat price computed in Sec. 1030.61(a) 
multiplied by 3.5; and
    (3) The producer price differential computed in Sec. 1030.61(b).

[64 FR 47978, Sept. 1, 1999, as amended at 65 FR 82837, Dec. 28, 2000]

                            Payments for Milk



Sec. 1030.70  Producer-settlement fund.

    See Sec. 1000.70.



Sec. 1030.71  Payments to the producer-settlement fund.

    Each handler shall make payment to the producer-settlement fund in a 
manner that provides receipt of the funds by the market administrator no 
later than the 15th day after the end of the month (except as provided 
in Sec. 1000.90). Payment shall be the amount, if any, by which the 
amount specified in paragraph (a) of this section exceeds the amount 
specified in paragraph (b) of this section:
    (a) The total value of milk to the handler for the month as 
determined pursuant to Sec. 1030.60.
    (b) The sum of:
    (1) An amount obtained by multiplying the total hundredweight of 
producer milk as determined pursuant to Sec. 1000.44(c) by the producer 
price differential as adjusted pursuant to Sec. 1030.75;
    (2) An amount obtained by multiplying the total pounds of protein, 
other solids, and butterfat contained in producer milk by the protein, 
other solids, and producer butterfat prices respectively;
    (3) The total value of the somatic cell adjustment to producer milk; 
and
    (4) An amount obtained by multiplying the hundredweight, the pounds 
of skim milk, and the pounds of butterfat for which a value was computed 
pursuant to Sec. 1030.60(i) by the producer price differential, the 
Class III skim milk price, and the producer butterfat price, 
respectively, as adjusted pursuant to Sec. 1030.75 applicable at the 
location of the plant from which received.

[64 FR 47978, Sept. 1, 1999, as amended at 65 FR 82836, Dec. 28, 2000]



Sec. 1030.72  Payments from the producer-settlement fund.

    No later than the 16th day after the end of each month (except as 
provided in Sec. 1000.90), the market administrator shall pay to each 
handler the amount, if any, by which the amount computed pursuant to 
Sec. 1030.71(b) exceeds the amount computed pursuant to Sec. 1030.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1030.73  Payments to producers and to cooperative associations.

    (a) Each handler shall pay each producer for producer milk for which 
payment is not made to a cooperative association pursuant to paragraph 
(b) of this section, as follows:
    (1) Partial payment. For each producer who has not discontinued 
shipments as of the date of this partial payment, payment shall be made 
so that it is received by each producer on or before the 26th day of the 
month (except as provided in Sec. 1000.90) for milk received during the 
first 15 days of the month from the producer at not less than the lowest 
announced class price for the

[[Page 154]]

preceding month, less proper deductions authorized in writing by the 
producer.
    (2) Final payment. For milk received during the month, payment shall 
be made so that it is received by each producer no later than the 17th 
day after the end of the month (except as provided in Sec. 1000.90) in 
an amount equal to not less than the sum of:
    (i) The hundredweight of producer milk received times the producer 
price differential for the month as adjusted pursuant to Sec. 1030.75;
    (ii) The pounds of butterfat received times the producer butterfat 
price for the month;
    (iii) The pounds of protein received times the protein price for the 
month;
    (iv) The pounds of other solids received times the other solids 
price for the month;
    (v) The hundredweight of milk received times the somatic cell 
adjustment for the month;
    (vi) Less any payment made pursuant to paragraph (a)(1) of this 
section;
    (vii) Less proper deductions authorized in writing by such producer, 
and plus or minus adjustments for errors in previous payments to such 
producer subject to approval by the market administrator; and
    (viii) Less deductions for marketing services pursuant to 
Sec. 1000.86.
    (b) Payments for milk received from cooperative association members. 
On or before the day prior to the dates specified in paragraphs (a)(1) 
and (a)(2) of this section (except as provided in Sec. 1000.90), each 
handler shall pay to a cooperative association for milk from producers 
who market their milk through the cooperative association and who have 
authorized the cooperative to collect such payments on their behalf an 
amount equal to the sum of the individual payments otherwise payable for 
such producer milk pursuant to paragraphs (a)(1) and (a)(2) of this 
section.
    (c) Payment for milk received from cooperative association pool 
plants or from cooperatives as handlers pursuant to Sec. 1000.9(c). On 
or before the day prior to the dates specified in paragraphs (a)(1) and 
(a)(2) of this section (except as provided in Sec. 1000.90), each 
handler who receives fluid milk products at its plant from a cooperative 
association in its capacity as the operator of a pool plant or who 
receives milk from a cooperative association in its capacity as a 
handler pursuant to Sec. 1000.9(c), including the milk of producers who 
are not members of such association and who the market administrator 
determines have authorized the cooperative association to collect 
payment for their milk, shall pay the cooperative for such milk as 
follows:
    (1) For bulk fluid milk products and bulk fluid cream products 
received from a cooperative association in its capacity as the operator 
of a pool plant and for milk received from a cooperative association in 
its capacity as a handler pursuant to Sec. 1000.9(c) during the first 15 
days of the month, at not less than the lowest announced class prices 
per hundredweight for the preceding month;
    (2) For the total quantity of bulk fluid milk products and bulk 
fluid cream products received from a cooperative association in its 
capacity as the operator of a pool plant, at not less than the total 
value of such products received from the association's pool plants, as 
determined by multiplying the respective quantities assigned to each 
class under Sec. 1000.44, as follows:
    (i) The hundredweight of Class I skim milk times the Class I skim 
milk price for the month plus the pounds of Class I butterfat times the 
Class I butterfat price for the month. The Class I price to be used 
shall be that price effective at the location of the receiving plant;
    (ii) The pounds of nonfat solids in Class II skim milk by the Class 
II nonfat solids price;
    (iii) The pounds of butterfat in Class II times the Class II 
butterfat price;
    (iv) The pounds of nonfat solids in Class IV times the nonfat solids 
price;
    (v) The pounds of butterfat in Class III and Class IV milk by the 
respective butterfat prices for the month;
    (vi) The pounds of protein in Class III milk times the protein 
price;
    (vii) The pounds of other solids in Class III milk times the other 
solids price;
    (viii) The hundredweight of Class II, Class III, and Class IV milk 
times the somatic cell adjustment; and
    (ix) Add together the amounts computed in paragraphs (c)(2)(i) 
through

[[Page 155]]

(viii) of this section and from that sum deduct any payment made 
pursuant to paragraph (c)(1) of this section; and
    (3) For the total quantity of milk received during the month from a 
cooperative association in its capacity as a handler under 
Sec. 1000.9(c) as follows:
    (i) The hundredweight of producer milk received times the producer 
price differential as adjusted pursuant to Sec. 1030.75;
    (ii) The pounds of butterfat received times the producer butterfat 
price for the month;
    (iii) The pounds of protein received times the protein price for the 
month;
    (iv) The pounds of other solids received times the other solids 
price for the month;
    (v) The hundredweight of milk received times the somatic cell 
adjustment for the month; and
    (vi) Add together the amounts computed in paragraphs (c)(3)(i) 
through (v) of this section and from that sum deduct any payment made 
pursuant to paragraph (c)(1) of this section.
    (d) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1030.72 by the payment date specified in 
paragraph (a), (b) or (c) of this section, the handler may reduce pro 
rata its payments to producers or to the cooperative association (with 
respect to receipts described in paragraph (b) of this section, 
prorating the underpayment to the volume of milk received from the 
cooperative association in proportion to the total milk received from 
producers by the handler), but not by more than the amount of the 
underpayment. The payments shall be completed on the next scheduled 
payment date after receipt of the balance due from the market 
administrator.
    (e) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or cannot be located, or 
because the cooperative association or its lawful successor or assignee 
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates 
and pays the producer or a lawful claimant, or in the event that the 
handler no longer exists and a lawful claim is later established, the 
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant, as the case 
may be.
    (f) In making payments to producers pursuant to this section, each 
handler shall furnish each producer, except a producer whose milk was 
received from a cooperative association handler described in 
Sec. 1000.9(a) or (c), a supporting statement in a form that may be 
retained by the recipient which shall show:
    (1) The name, address, Grade A identifier assigned by a duly 
constituted regulatory agency, and payroll number of the producer;
    (2) The daily and total pounds, and the month and dates such milk 
was received from that producer;
    (3) The total pounds of butterfat, protein, and other solids 
contained in the producer's milk;
    (4) The somatic cell count of the producer's milk;
    (5) The minimum rate or rates at which payment to the producer is 
required pursuant to the order in this part;
    (6) The rate used in making payment if the rate is other than the 
applicable minimum rate;
    (7) The amount, or rate per hundredweight, or rate per pound of 
component, and the nature of each deduction claimed by the handler; and
    (8) The net amount of payment to the producer or cooperative 
association.

[64 FR 47978, Sept. 1, 1999, as amended at 65 FR 82836, Dec. 28, 2000]



Sec. 1030.74  [Reserved]



Sec. 1030.75  Plant location adjustments for producer milk and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1030.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the payments required pursuant to Secs. 1030.73 and 
1000.76.

[[Page 156]]



Sec. 1030.76  Payments by a handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1030.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1030.78  Charges on overdue accounts.

    See Sec. 1000.78.

        Administrative Assessment and Marketing Service Deduction



Sec. 1030.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1030.86  Deduction for marketing services.

    See Sec. 1000.86.



PART 1032--MILK IN THE CENTRAL MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1032.1 General provisions.

                               Definitions

1032.2 Central marketing area.
1032.3 Route disposition.
1032.4 Plant.
1032.5 Distributing plant.
1032.6 Supply plant.
1032.7 Pool plant.
1032.8 Nonpool plant.
1032.9 Handler.
1032.10 Producer-handler.
1032.11 [Reserved]
1032.12 Producer.
1032.13 Producer milk.
1032.14 Other source milk.
1032.15 Fluid milk product.
1032.16 Fluid cream product.
1032.17 [Reserved]
1032.18 Cooperative association.
1032.19 Commercial food processing establishment.

                             Handler Reports

1032.30 Reports of receipts and utilization.
1032.31 Payroll reports.
1032.32 Other reports.

                         Classification of Milk

1032.40 Classes of utilization.
1032.41 [Reserved]
1032.42 Classification of transfers and diversions.
1032.43 General classification rules.
1032.44 Classification of producer milk.
1032.45 Market administrator's reports and announcements concerning 
          classification.

                              Class Prices

1032.50 Class prices, component prices, and advanced pricing factors.
1032.51 Class I differential and price.
1032.52 Adjusted Class I differentials.
1032.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1032.54 Equivalent price.

                       Producer Price Differential

1032.60 Handler's value of milk.
1032.61 Computation of producer price differential.
1032.62 Announcement of producer prices.

                            Payments for Milk

1032.70 Producer-settlement fund.
1032.71 Payments to the producer-settlement fund.
1032.72 Payments from the producer-settlement fund.
1032.73 Payments to producers and to cooperative associations.
1032.74 [Reserved]
1032.75 Plant location adjustments for producer milk and nonpool milk.
1032.76 Payments by a handler operating a partially regulated 
          distributing plant.
1032.77 Adjustment of accounts.
1032.78 Charges on overdue accounts.

        Administrative Assessment and Marketing Service Deduction

1032.85 Assessment for order administration.
1032.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 47985, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1032.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1032. In this part 1032, all references to sections 
in part 1000 refer to part 1000 of this chapter.

[[Page 157]]

                               Definitions



Sec. 1032.2  Central marketing area.

    The marketing area means all territory within the bounds of the 
following states and political subdivisions, including all piers, docks, 
and wharves connected therewith and all craft moored thereat, and all 
territory occupied by government (municipal, State, or Federal) 
reservations, installations, institutions, or other similar 
establishments if any part thereof is within any of the listed states or 
political subdivisions:

                            Colorado Counties

    Adams, Arapahoe, Baca, Bent, Boulder, Chaffee, Clear Creek, 
Cheyenne, Crowley, Custer, Delta, Denver, Douglas, Eagle, El Paso, 
Elbert, Fremont, Garfield, Gilpin, Gunnison, Huerfano, Jefferson, Kiowa, 
Kit Carson, Lake, Larimer, Las Animas, Lincoln, Logan, Mesa, Montrose, 
Morgan, Otero, Park, Phillips, Pitkin, Prowers, Pueblo, Sedgwick, 
Summit, Teller, Washington, Weld, and Yuma.

                            Illinois Counties

    Adams, Alexander, Bond, Brown, Bureau, Calhoun, Cass, Champaign, 
Christian, Clark, Clay, Clinton, Coles, Crawford, Cumberland, De Witt, 
Douglas, Edgar, Edwards, Effingham, Fayette, Ford, Franklin, Fulton, 
Gallatin, Greene, Grundy, Hamilton, Hancock, Hardin, Henderson, Henry, 
Iroquois, Jackson, Jasper, Jefferson, Jersey, Johnson, Kankakee, Knox, 
La Salle, Lawrence, Livingston, Logan, McDonough, McLean, Macon, 
Macoupin, Madison, Marion, Marshall, Mason, Massac, Menard, Mercer, 
Monroe, Montgomery, Morgan, Moultrie, Peoria, Perry, Piatt, Pike, Pope, 
Pulaski, Putnam, Randolph, Richland, Rock Island, Saline, Sangamon, 
Schuyler, Scott, Shelby, St. Clair, Stark, Tazewell, Union, Vermilion, 
Wabash, Warren, Washington, Wayne, White, Whiteside, Williamson, and 
Woodford.

                              Iowa Counties

    All Iowa counties except Howard, Kossuth, Mitchell, Winnebago, 
Winneshiek, and Worth.

                                 Kansas

    All of the State of Kansas.

                           Minnesota Counties

    Lincoln, Nobles, Pipestone, and Rock.

                      Missouri Counties and Cities

    The counties of Andrew, Atchison, Bates, Buchanan, Caldwell, 
Carroll, Cass, Clay, Clinton, Daviess, De Kalb, Franklin, Gentry, 
Grundy, Harrison, Henry, Hickory, Holt, Jackson, Jefferson, Johnson, 
Lafayette, Lincoln, Livingston, Mercer, Nodaway, Pettis, Platte, Putnam, 
Ray, Saline, Schuyler, St. Charles, St. Clair, Ste. Genevieve, St. 
Louis, Sullivan, Warren, and Worth; and the city of St. Louis.

                            Nebraska Counties

    Adams, Antelope, Boone, Buffalo, Burt, Butler, Cass, Cedar, Chase, 
Clay, Colfax, Cuming, Custer, Dakota, Dawson, Dixon, Dodge, Douglas, 
Dundy, Fillmore, Franklin, Frontier, Furnas, Gage, Gosper, Greeley, 
Hall, Hamilton, Harlan, Hayes, Hitchcock, Howard, Jefferson, Johnson, 
Kearney, Keith, Knox, Lancaster, Lincoln, Madison, Merrick, Nance, 
Nemaha, Nuckolls, Otoe, Pawnee, Perkins, Phelps, Pierce, Platte, Polk, 
Red Willow, Richardson, Saline, Sarpy, Saunders, Seward, Sherman, 
Stanton, Thayer, Thurston, Valley, Washington, Wayne, Webster, and York.

                                Oklahoma

    All of the State of Oklahoma.

                          South Dakota Counties

    Aurora, Beadle, Bon Homme, Brookings, Clark, Clay, Codington, 
Davison, Deuel, Douglas, Hamlin, Hanson, Hutchinson, Jerauld, Kingsbury, 
Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Spink, Turner, 
Union, and Yankton.

                           Wisconsin Counties

    Crawford and Grant.



Sec. 1032.3  Route disposition.

    See Sec. 1000.3.



Sec. 1032.4  Plant.

    See Sec. 1000.4.



Sec. 1032.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1032.6  Supply plant.

    See Sec. 1000.6.



Sec. 1032.7  Pool plant.

    Pool plant means a plant, unit of plants, or system of plants as 
specified in paragraphs (a) through (f) of this section, but excluding a 
plant specified in paragraph (h) of this section. The pooling standards 
described in paragraphs (c), (d), and (f) of this section are subject to 
modification pursuant to paragraph (g) of this section:

[[Page 158]]

    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this section or --------.7(b) of any 
other Federal milk order, from which during the month 25 percent or more 
of the total quantity of fluid milk products physically received at the 
plant (excluding concentrated milk received from another plant by 
agreement for other than Class I use) are disposed of as route 
disposition or are transferred in the form of packaged fluid milk 
products to other distributing plants. At least 25 percent of such route 
disposition and transfers must be to outlets in the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 25 percent of the total quantity of 
fluid milk products physically received at the plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) into ultra-pasteurized or aseptically-processed fluid 
milk products.
    (c) A supply plant from which the quantity of bulk fluid milk 
products transferred or diverted to plants described in paragraph (a) or 
(b) of this section during each of the months of September through 
November and January is 35 percent or more of the total Grade A milk 
received at the plant from dairy farmers (except dairy farmers described 
in Sec. 1032.12(b)) and handlers described in Sec. 1000.9(c), including 
milk diverted by the plant operator, and 25 percent for all other 
months, subject to the following conditions:
    (1) A supply plant that has qualified as a pool plant during each of 
the immediately preceding months of August through April shall continue 
to so qualify in each of the following months of May through July, 
unless the plant operator files a written request with the market 
administrator that such plant not be a pool plant, such nonpool status 
to be effective the first month following such request and thereafter 
until the plant qualifies as a pool plant on the basis of milk 
shipments;
    (2) A pool plant operator may include as qualifying shipments milk 
diverted to pool distributing plants pursuant to Sec. 1032.13(c);
    (3) Concentrated milk transferred from the supply plant to a 
distributing plant for an agreed-upon use other than Class I shall be 
excluded from the supply plant's shipments in computing the supply 
plant's shipping percentage;
    (4) The operator of a supply plant may include as qualifying 
shipments transfers of fluid milk products to distributing plants 
regulated under any other Federal order, except that credit for such 
transfers shall be limited to the amount of milk, including milk shipped 
directly from producers' farms, delivered to distributing plants 
qualified as pool plants pursuant to paragraph (a) or (b) of this 
section; and
    (5) No plant may qualify as a pool plant due to a reduction in the 
shipping percentage pursuant to paragraph (g) of this section unless it 
has been a pool supply plant during each of the immediately preceding 3 
months.
    (d) A plant located in the marketing area and operated by a 
cooperative association if, during the month or the immediately 
preceding 12-month period, 35 percent or more of the producer milk of 
members of the association (and any producer milk of nonmembers and 
members of another cooperative association which may be marketed by the 
cooperative association) is physically received in the form of bulk 
fluid milk products (excluding concentrated milk transferred to a 
distributing plant for an agreed-upon use other than Class I) at plants 
specified in paragraph (a) or (b) of this section either directly from 
farms or by transfer from supply plants operated by the cooperative 
association and from plants of the cooperative association for which 
pool plant status has been requested under this paragraph subject to the 
following conditions:
    (1) The plant does not qualify as a pool plant under paragraph (a), 
(b) or (c) of this section or under comparable provisions of another 
Federal order; and
    (2) The plant is approved by a duly constituted regulatory agency 
for the handling of milk approved for fluid consumption in the marketing 
area.
    (e) Two or more plants operated by the same handler and located in 
the marketing area may qualify for pool status as a unit by meeting the 
total

[[Page 159]]

and in-area route disposition requirements of a pool distributing plant 
specified in paragraph (a) of this section subject to the following 
additional requirements:
    (1) At least one of the plants in the unit must qualify as a pool 
plant pursuant to paragraph (a) of this section;
    (2) Other plants in the unit must process Class I or Class II 
products, using 50 percent or more of the total Grade A fluid milk 
products received in bulk form at such plant or diverted therefrom by 
the plant operator in Class I or Class II products, and must be located 
in a pricing zone providing the same or a lower Class I price than the 
price applicable at the distributing plant included in the unit pursuant 
to paragraph (e)(1) of this section; and
    (3) The operator of the unit has filed a written request with the 
market administrator prior to the first day of the month for which such 
status is desired to be effective. The unit shall continue from month to 
month thereafter without further notification. The handler shall notify 
the market administrator in writing prior to the first day of any month 
for which termination or any change of the unit is desired.
    (f) A system of supply plants may qualify for pooling if 2 or more 
plants operated by one or more handlers meet the applicable percentage 
requirements of paragraph (c) of this section in the same manner as a 
single plant, subject to the following additional requirements:
    (1) Each plant in the system is located within the marketing area;
    (2) The handler(s) establishing the system submits a written request 
to the market administrator on or before September 1 requesting that 
such plants qualify as a system for the period of September through 
August of the following year. Such request will contain a list of the 
plants participating in the system;
    (3) Each plant included within a pool supply plant system shall 
continue each month as a plant in the system through the following 
August unless the handler(s) establishing the system submits a written 
request to the market administrator that the plant be deleted from the 
system or that the system be discontinued. Any plant that has been so 
deleted from a system, or that has failed to qualify in any month, will 
not be part of any system for the remaining months through August. No 
plant may be added in any subsequent month through the following August 
to a system that qualifies in September; and
    (4) If a system fails to qualify under the requirements of this 
paragraph, the handler responsible for qualifying the system shall 
notify the market administrator which plant or plants will be deleted 
from the system so that the remaining plants may be pooled as a system. 
If the handler fails to do so, the market administrator shall exclude 
one or more plants, beginning at the bottom of the list of plants in the 
system and continuing up the list as necessary until the deliveries are 
sufficient to qualify the remaining plants in the system.
    (g) The applicable shipping percentages of paragraphs (c), (d), and 
(f) of this section may be increased or decreased, for all or part of 
the marketing area, by the market administrator if the market 
administrator finds that such adjustment is necessary to encourage 
needed shipments or to prevent uneconomic shipments. Before making such 
a finding, the market administrator shall investigate the need for 
adjustment either on the market administrator's own initiative or at the 
request of interested parties if the request is made in writing at least 
15 days prior to the month for which the requested revision is desired 
effective. If the investigation shows that an adjustment of the shipping 
percentages might be appropriate, the market administrator shall issue a 
notice stating that an adjustment is being considered and invite data, 
views and arguments. Any decision to revise an applicable shipping 
percentage must be issued in writing at least one day before the 
effective date.
    (h) The term pool plant shall not apply to the following plants:
    (1) A producer-handler as defined under any Federal order;
    (2) An exempt plant as defined in Sec. 1000.8(e);
    (3) A plant located within the marketing area and qualified pursuant 
to paragraph (a) of this section which

[[Page 160]]

meets the pooling requirements of another Federal order, and from which 
more than 50 percent of its route disposition has been in the other 
Federal order marketing area for 3 consecutive months. On the basis of a 
written application made by the plant operator at least 15 days prior to 
the date for which a determination of the market administrator is to be 
effective, the market administrator may determine that the route 
disposition in the respective marketing areas to be used for purposes of 
this paragraph shall exclude (for a specified period of time) route 
disposition made under limited term contracts to governmental bases and 
institutions;
    (4) A plant located outside any Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of another Federal order and has had greater route 
disposition in such other Federal order's marketing area for 3 
consecutive months;
    (5) A plant located in another Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of such other Federal order and does not have a 
majority of its route distribution in this marketing area for 3 
consecutive months or if the plant is required to be regulated under 
such other Federal order without regard to its route disposition in any 
other Federal order marketing area;
    (6) A plant qualified pursuant to paragraph (c) of this section 
which also meets the pooling requirements of another Federal order and 
from which greater qualifying shipments are made to plants regulated 
under the other Federal order than are made to plants regulated under 
the order in this part, or the plant has automatic pooling status under 
the other Federal order; and
    (7) That portion of a regulated plant designated as a nonpool plant 
that is physically separate and operated separately from the pool 
portion of such plant. The designation of a portion of a regulated plant 
as a nonpool plant must be requested in advance and in writing by the 
handler and must be approved by the market administrator.



Sec. 1032.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1032.9  Handler.

    See Sec. 1000.9.



Sec. 1032.10  Producer-handler.

    Producer-handler means a person who:
    (a) Operates a dairy farm and a distributing plant from which there 
is route disposition in the marketing area during the month;
    (b) Receives fluid milk from own farm production or milk that is 
fully subject to the pricing and pooling provisions of the order in this 
part or any other Federal order;
    (c) Receives at its plant or acquires for route disposition no more 
than 150,000 pounds of fluid milk products from handlers fully regulated 
under any Federal order. This limitation shall not apply if the 
producer-handler's own farm production is less than 150,000 pounds 
during the month;
    (d) Disposes of no other source milk as Class I milk except by 
increasing the nonfat milk solids content of the fluid milk products; 
and
    (e) Provides proof satisfactory to the market administrator that the 
care and management of the dairy animals and other resources necessary 
to produce all Class I milk handled (excluding receipts from handlers 
fully regulated under any Federal order) and the processing and 
packaging operations are the producer-handler's own enterprise and at 
its own risk.



Sec. 1032.11  [Reserved]



Sec. 1032.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
(or components of milk) is:
    (1) Received at a pool plant directly from the producer or diverted 
by the plant operator in accordance with Sec. 1032.13; or (2) Received 
by a handler described in Sec. 1000.9(c).
    (b) Producer shall not include:
    (1) A producer-handler as defined in any Federal order;

[[Page 161]]

    (2) A dairy farmer whose milk is received at an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1032.13(d);
    (3) A dairy farmer whose milk is received by diversion at a pool 
plant from a handler regulated under another Federal order if the other 
Federal order designates the dairy farmer as a producer under that order 
and that milk is allocated by request to a utilization other than Class 
I; and
    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another Federal order with respect to that portion 
of the milk so diverted that is assigned to Class I under the provisions 
of such other order.



Sec. 1032.13  Producer milk.

    Producer milk means the skim milk (or the skim equivalent of 
components of skim milk), including nonfat components, and butterfat in 
milk of a producer that is:
    (a) Received by the operator of a pool plant directly from a 
producer or a handler described in Sec. 1000.9(c). All milk received 
pursuant to this paragraph shall be priced at the location of the plant 
where it is first physically received;
    (b) Received by a handler described in Sec. 1000.9(c) in excess of 
the quantity delivered to pool plants;
    (c) Diverted by a pool plant operator to another pool plant. Milk so 
diverted shall be priced at the location of the plant to which diverted; 
or
    (d) Diverted by the operator of a pool plant or a cooperative 
association described in Sec. 1000.9(c) to a nonpool plant, subject to 
the following conditions:
    (1) Milk of a dairy farmer shall not be eligible for diversion until 
at least one day's production of such dairy farmer has been physically 
received as producer milk at a pool plant and the dairy farmer has 
continuously retained producer status since that time. If a dairy farmer 
loses producer status under the order in this part (except as a result 
of a temporary loss of Grade A approval), the dairy farmer's milk shall 
not be eligible for diversion until milk of the dairy farmer has been 
physically received as producer milk at a pool plant;
    (2) Of the quantity of producer milk received during the month 
(including diversions, but excluding the quantity of producer milk 
received from a handler described in Sec. 1000.9(c)) the handler diverts 
to nonpool plants not more than 65 percent during the months of 
September through November and January, and not more than 75 percent 
during the months of February through April and December;
    (3) Diverted milk shall be priced at the location of the plant to 
which diverted;
    (4) Any milk diverted in excess of the limits prescribed in 
paragraph (d)(2) of this section shall not be producer milk. If the 
diverting handler or cooperative association fails to designate the 
dairy farmers' deliveries that are not to be producer milk, no milk 
diverted by the handler or cooperative association during the month to a 
nonpool plant shall be producer milk; and
    (5) The applicable diversion limits in paragraph (d)(2) of this 
section may be increased or decreased by the market administrator if the 
market administrator finds that such revision is necessary to assure 
orderly marketing and efficient handling of milk in the marketing area. 
Before making such a finding, the market administrator shall investigate 
the need for the revision either on the market administrator's own 
initiative or at the request of interested persons if the request is 
made in writing at least 15 days prior to the month for which the 
requested revision is desired effective. If the investigation shows that 
a revision might be appropriate, the market administrator shall issue a 
notice stating that the revision is being considered and inviting 
written data, views, and arguments. Any decision to revise an applicable 
percentage must be issued in writing at least one day before the 
effective date.



Sec. 1032.14  Other source milk.

    See Sec. 1000.14.



Sec. 1032.15  Fluid milk product.

    See Sec. 1000.15.



Sec. 1032.16  Fluid cream product.

    See Sec. 1000.16.

[[Page 162]]



Sec. 1032.17  [Reserved]



Sec. 1032.18  Cooperative association.

    See Sec. 1000.18.



Sec. 1032.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1032.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator's 
office receives the report on or before the 7th day after the end of the 
month, in the detail and on the prescribed forms, as follows:
    (a) Each handler that operates a pool plant pursuant to Sec. 1032.7 
shall report for each of its operations the following information:
    (1) Product pounds, pounds of butterfat, pounds of protein, pounds 
of solids-not-fat other than protein (other solids), and the value of 
the somatic cell adjustment pursuant to Sec. 1000.50(p), contained in or 
represented by:
    (i) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c); and
    (ii) Receipts of milk from handlers described in Sec. 1000.9(c);
    (2) Product pounds and pounds of butterfat contained in:
    (i) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (ii) Receipts of other source milk; and
    (iii) Inventories at the beginning and end of the month of fluid 
milk products and bulk fluid cream products;
    (3) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph; and
    (4) Such other information with respect to the receipts and 
utilization of skim milk, butterfat, milk protein, other nonfat solids, 
and somatic cell information, as the market administrator may prescribe.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for reports required by paragraph (a) of this section. Receipts of milk 
that would have been producer milk if the plant had been fully regulated 
shall be reported in lieu of producer milk. The report shall show also 
the quantity of any reconstituted skim milk in route disposition in the 
marketing area.
    (c) Each handler described in Sec. 1000.9(c) shall report:
    (1) The product pounds, pounds of butterfat, pounds of protein, 
pounds of solids-not-fat other than protein (other solids), and the 
value of the somatic cell adjustment pursuant to Sec. 1000.50(p), 
contained in receipts of milk from producers; and
    (2) The utilization or disposition of such receipts.
    (d) Each handler not specified in paragraphs (a) through (c) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1032.31  Payroll reports.

    (a) On or before the 20th day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1032.7 and each 
handler described in Sec. 1000.9(c) shall report to the market 
administrator its producer payroll for the month, in the detail 
prescribed by the market administrator, showing for each producer the 
information described in Sec. 1032.73(f).
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in the same manner as prescribed for reports required by 
paragraph (a) of this section.



Sec. 1032.32  Other reports.

    In addition to the reports required pursuant to Secs. 1032.30 and 
1032.31, each handler shall report any information the market 
administrator deems necessary to verify or establish each handler's 
obligation under the order.

[[Page 163]]

                         Classification of Milk



Sec. 1032.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1032.41  [Reserved]



Sec. 1032.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1032.43  General classification rules.

    See Sec. 1000.43.



Sec. 1032.44  Classification of producer milk.

    See Sec. 1000.44.



Sec. 1032.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

                              Class Prices



Sec. 1032.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1032.51  Class I differential and price.

    The Class I differential shall be the differential established for 
Jackson County, Missouri, which is reported in Sec. 1000.52. The Class I 
price shall be the price computed pursuant to Sec. 1000.50(a) for 
Jackson County, Missouri.



Sec. 1032.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1032.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.



Sec. 1032.54  Equivalent price.

    See Sec. 1000.54.

                       Producer Price Differential



Sec. 1032.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants and of each handler described in Sec. 1000.9(c) with respect to 
milk that was not received at a pool plant by adding the amounts 
computed in paragraphs (a) through (i) of this section and subtracting 
from that total amount the value computed in paragraph (j) of this 
section. Unless otherwise specified, the skim milk, butterfat, and the 
combined pounds of skim milk and butterfat referred to in this section 
shall result from the steps set forth in Sec. 1000.44(a), (b), and (c), 
respectively, and the nonfat components of producer milk in each class 
shall be based upon the proportion of such components in producer skim 
milk. Receipts of nonfluid milk products that are distributed as labeled 
reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76(a)(4) or (d) 
shall be excluded from pricing under this section.
    (a) Class I value. (1) Multiply the pounds of skim milk in Class I 
by the Class I skim milk price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class I by the Class I butterfat price.
    (b) Class II value. (1) Multiply the pounds of nonfat solids in 
Class II skim milk by the Class II nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class II times the Class II butterfat price.
    (c) Class III value. (1) Multiply the pounds of protein in Class III 
skim milk by the protein price;
    (2) Add an amount obtained by multiplying the pounds of other solids 
in Class III skim milk by the other solids price; and
    (3) Add an amount obtained by multiplying the pounds of butterfat in 
Class III by the Class III butterfat price.
    (d) Class IV value. (1) Multiply the pounds of nonfat solids in 
Class IV skim milk by the nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class IV by the Class IV butterfat price.
    (e) Compute an adjustment for the somatic cell content of producer 
milk by multiplying the values reported pursuant to Sec. 1032.30(a)(1) 
and (c)(1) by the percentage of total producer milk allocated to Class 
II, Class III, and Class IV pursuant to Sec. 1000.44(c);

[[Page 164]]

    (f) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) and the corresponding step 
of Sec. 1000.44(b) by the skim milk prices and butterfat prices 
applicable to each class.
    (g) Multiply the difference between the current month's Class I, II, 
or III price, as the case may be, and the Class IV price for the 
preceding month by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (h) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat 
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from a plant regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants.
    (i) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in receipts of concentrated fluid milk products assigned to 
Class I pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an equivalent amount of skim milk or butterfat 
disposed of to such plant by handlers fully regulated under any Federal 
milk order is classified and priced as Class I milk and is not used as 
an offset for any other payment obligation under any order.
    (j) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).

[64 FR 47985, Sept. 1, 1999, as amended at 65 FR 82837, Dec. 28, 2000]



Sec. 1032.61  Computation of producer butterfat price and producer price differential.

    For each month the market administrator shall compute a producer 
butterfat price per pound of butterfat and a producer price differential 
per hundredweight for producer milk receipts. The report of any handler 
who has not made payments required pursuant to Sec. 1032.71 for the 
preceding month shall not be included in the computation of these 
prices, and such handler's report shall not be included in the 
computation for succeeding months until the handler has made full 
payment of outstanding monthly obligations. Subject to the conditions of 
this paragraph, the market administrator shall compute the producer 
butterfat price and the producer price differential in the following 
manner:
    (a) Producer butterfat price. The producer butterfat price per 
pound, rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1032.60(i) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and
    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Producer price differential. (1) Combine into one total the 
values computed pursuant to Sec. 1032.60 for all handlers required to 
file reports prescribed in Sec. 1032.30;
    (2) Subtract the total of the values obtained:

[[Page 165]]

    (i) By multiplying the total pounds of protein, other solids, and 
butterfat contained in each handler's producer milk for which an 
obligation was computed pursuant to Sec. 1032.60(a) through (h) and 
Sec. 1032.60(j) by the protein price, other solids price, and producer 
butterfat price, respectively, and the total value of the somatic cell 
adjustment pursuant to Sec. 1032.30(a)(1) and (c)(1);
    (ii) By multiplying each handler's pounds of skim milk and butterfat 
for which a value is computed pursuant to Sec. 1032.60(i) by the Class 
III skim milk price and the producer butterfat price, respectively;
    (3) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1032.75;
    (4) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total hundredweight of producer milk; and
    (ii) The total hundredweight for which a value is computed pursuant 
to Sec. 1032.60(i); and
    (6) Subtract not less than 4 cents nor more than 5 cents from the 
price computed pursuant to paragraph (b)(5) of this section. The result 
shall be known as the producer price differential for the month.

[64 FR 47985, Sept. 1, 1999, as amended at 65 FR 82837, Dec. 28, 2000]



Sec. 1032.62  Announcement of producer prices.

    On or before the 11th day after the end of each month, the market 
administrator shall announce publicly the following prices and 
information:
    (a) The producer price differential;
    (b) The protein price;
    (c) The nonfat solids price;
    (d) The other solids price;
    (e) The producer butterfat price;
    (f) The somatic cell adjustment rate;
    (g) The average butterfat, protein, nonfat solids, and other solids 
content of producer milk; and
    (h) The statistical uniform price computed by adding the following 
values:
    (1) The Class III skim milk price computed in Sec. 1000.50(i) 
multiplied by .965;
    (2) The producer butterfat price computed in Sec. 1032.61(a) 
multiplied by 3.5; and
    (3) The producer price differential computed in Sec. 1032.61(b).

[64 FR 47985, Sept. 1, 1999, as amended at 65 FR 82838, Dec. 28, 2000]

                            Payments for Milk



Sec. 1032.70  Producer-settlement fund.

    See Sec. 1000.70.



Sec. 1032.71  Payments to the producer-settlement fund.

    Each handler shall make payment to the producer-settlement fund in a 
manner that provides receipt of the funds by the market administrator no 
later than the 14th day after the end of the month (except as provided 
in Sec. 1000.90). Payment shall be the amount, if any, by which the 
amount specified in paragraph (a) of this section exceeds the amount 
specified in paragraph (b) of this section:
    (a) The total value of milk to the handler for the month as 
determined pursuant to Sec. 1032.60.
    (b) The sum of:
    (1) An amount obtained by multiplying the total hundredweight of 
producer milk as determined pursuant to Sec. 1000.44(c) by the producer 
price differential as adjusted pursuant to Sec. 1032.75;
    (2) An amount obtained by multiplying the total pounds of protein, 
other solids, and butterfat contained in producer milk by the protein, 
other solids, and producer butterfat prices respectively;
    (3) The total value of the somatic cell adjustment to producer milk; 
and
    (4) An amount obtained by multiplying the hundredweight, the pounds 
of skim milk, and the pounds of butterfat for which a value was computed 
pursuant to Sec. 1032.60(i) by the producer price differential, the 
Class III skim milk price, and the producer butterfat price, 
respectively, as adjusted pursuant to Sec. 1032.75 applicable at the 
location of the plant from which received.

[64 FR 47985, Sept. 1, 1999, as amended at 65 FR 82838, Dec. 28, 2000]

[[Page 166]]



Sec. 1032.72  Payments from the producer-settlement fund.

    No later than the 15th day after the end of each month (except as 
provided in Sec. 1000.90), the market administrator shall pay to each 
handler the amount, if any, by which the amount computed pursuant to 
Sec. 1032.71(b) exceeds the amount computed pursuant to Sec. 1032.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1032.73  Payments to producers and to cooperative associations.

    (a) Each handler shall pay each producer for producer milk for which 
payment is not made to a cooperative association pursuant to paragraph 
(b) of this section, as follows:
    (1) Partial payment. For each producer who has not discontinued 
shipments as of the date of this partial payment, payment shall be made 
so that it is received by each producer on or before the 26th day of the 
month (except as provided in Sec. 1000.90) for milk received during the 
first 15 days of the month from the producer at not less than the lowest 
announced class price for the preceding month, less proper deductions 
authorized in writing by the producer.
    (2) Final payment. For milk received during the month, payment shall 
be made so that it is received by each producer no later than the 17th 
day after the end of the month (except as provided in Sec. 1000.90) in 
an amount equal to not less than the sum of:
    (i) The hundredweight of producer milk received times the producer 
price differential for the month as adjusted pursuant to Sec. 1032.75;
    (ii) The pounds of butterfat received times the producer butterfat 
price for the month;
    (iii) The pounds of protein received times the protein price for the 
month;
    (iv) The pounds of other solids received times the other solids 
price for the month;
    (v) The hundredweight of milk received times the somatic cell 
adjustment for the month;
    (vi) Less any payment made pursuant to paragraph (a)(1) of this 
section;
    (vii) Less proper deductions authorized in writing by such producer 
and plus or minus adjustments for errors in previous payments to such 
producer; and
    (viii) Less deductions for marketing services pursuant to 
Sec. 1000.86.
    (b) Payments for milk received from cooperative association members. 
On or before the day prior to the dates specified in paragraphs (a)(1) 
and (a)(2) of this section (except as provided in Sec. 1000.90), each 
handler shall pay to a cooperative association for milk from producers 
who market their milk through the cooperative association and who have 
authorized the cooperative to collect such payments on their behalf an 
amount equal to the sum of the individual payments otherwise payable for 
such producer milk pursuant to paragraphs (a)(1) and (a)(2) of this 
section.
    (c) Payment for milk received from cooperative association pool 
plants or from cooperatives as handlers pursuant to Sec. 1000.9(c). On 
or before the day prior to the dates specified in paragraphs (a)(1) and 
(a)(2) of this section (except as provided in Sec. 1000.90), each 
handler who receives fluid milk products at its plant from a cooperative 
association in its capacity as the operator of a pool plant or who 
receives milk from a cooperative association in its capacity as a 
handler pursuant to Sec. 1000.9(c), including the milk of producers who 
are not members of such association and who the market administrator 
determines have authorized the cooperative association to collect 
payment for their milk, shall pay the cooperative for such milk as 
follows:
    (1) For bulk fluid milk products and bulk fluid cream products 
received from a cooperative association in its capacity as the operator 
of a pool plant and for milk received from a cooperative association in 
its capacity as a handler pursuant to Sec. 1000.9(c) during the first 15 
days of the month, at not less than the lowest announced class prices 
per hundredweight for the preceding month;

[[Page 167]]

    (2) For the total quantity of bulk fluid milk products and bulk 
fluid cream products received from a cooperative association in its 
capacity as the operator of a pool plant, at not less than the total 
value of such products received from the association's pool plants, as 
determined by multiplying the respective quantities assigned to each 
class under Sec. 1000.44 as follows:
    (i) The hundredweight of Class I skim milk times the Class I skim 
milk price for the month plus the pounds of Class I butterfat times the 
Class I butterfat price for the month. The Class I prices to be used 
shall be the prices effective at the location of the receiving plant;
    (ii) The pounds of nonfat solids in Class II skim milk by the Class 
II nonfat solids price;
    (iii) The pounds of butterfat in Class II times the Class II 
butterfat price;
    (iv) The pounds of nonfat solids in Class IV times the nonfat solids 
price;
    (v) The pounds of butterfat in Class III and Class IV milk by the 
respective butterfat prices for the month;
    (vi) The pounds of protein in Class III milk times the protein 
price;
    (vii) The pounds of other solids in Class III milk times the other 
solids price;
    (viii) The hundredweight of Class II, Class III, and Class IV milk 
times the somatic cell adjustment; and
    (ix) Add together the amounts computed in paragraphs (c)(2)(i) 
through (viii) of this section and from that sum deduct any payment made 
pursuant to paragraph (c)(1) of this section; and
    (3) For the total quantity of milk received during the month from a 
cooperative association in its capacity as a handler under 
Sec. 1000.9(c) as follows:
    (i) The hundredweight of producer milk received times the producer 
price differential as adjusted pursuant to Sec. 1032.75;
    (ii) The pounds of butterfat received times the producer butterfat 
price for the month;
    (iii) The pounds of protein received times the protein price for the 
month;
    (iv) The pounds of other solids received times the other solids 
price for the month;
    (v) The hundredweight of milk received times the somatic cell 
adjustment for the month; and
    (vi) Add together the amounts computed in paragraphs (c)(3)(i) 
through (v) of this section and from that sum deduct any payment made 
pursuant to paragraph (c)(1) of this section.
    (d) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1032.72 by the payment date specified in 
paragraph (a), (b) or (c) of this section, the handler may reduce pro 
rata its payments to producers or to the cooperative association (with 
respect to receipts described in paragraph (b) of this section, 
prorating the underpayment to the volume of milk received from the 
cooperative association in proportion to the total milk received from 
producers by the handler), but not by more than the amount of the 
underpayment. The payments shall be completed on the next scheduled 
payment date after receipt of the balance due from the market 
administrator.
    (e) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or cannot be located, or 
because the cooperative association or its lawful successor or assignee 
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates 
and pays the producer or a lawful claimant, or in the event that the 
handler no longer exists and a lawful claim is later established, the 
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant, as the case 
may be.
    (f) In making payments to producers pursuant to this section, each 
handler shall furnish each producer, except a producer whose milk was 
received from a cooperative association handler described in 
Sec. 1000.9(a) or (c), a supporting statement in a form that may be 
retained by the recipient which shall show:
    (1) The name, address, Grade A identifier assigned by a duly 
constituted regulatory agency, and payroll number of the producer;
    (2) The daily and total pounds, and the month and dates such milk 
was received from that producer;

[[Page 168]]

    (3) The total pounds of butterfat, protein, and other solids 
contained in the producer's milk;
    (4) The somatic cell count of the producer's milk;
    (5) The minimum rate or rates at which payment to the producer is 
required pursuant to the order in this part;
    (6) The rate used in making payment if the rate is other than the 
applicable minimum rate;
    (7) The amount, or rate per hundredweight, or rate per pound of 
component, and the nature of each deduction claimed by the handler; and
    (8) The net amount of payment to the producer or cooperative 
association.

[64 FR 47985, Sept. 1, 1999, as amended at 65 FR 82838, Dec. 28, 2000]



Sec. 1032.74  [Reserved]



Sec. 1032.75  Plant location adjustments for producer milk and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1032.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the payments required pursuant to Secs. 1032.73 and 
1000.76.



Sec. 1032.76  Payments by a handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1032.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1032.78  Charges on overdue accounts.

    See Sec. 1000.78.

        Administrative Assessment and Marketing Service Deduction



Sec. 1032.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1032.86  Deduction for marketing services.

    See Sec. 1000.86.



PART 1033--MILK IN THE MIDEAST MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1033.1 General provisions.

                               Definitions

1033.2 Mideast marketing area.
1033.3 Route disposition.
1033.4 Plant.
1033.5 Distributing plant.
1033.6 Supply plant.
1033.7 Pool plant.
1033.8 Nonpool plant.
1033.9 Handler.
1033.10 Producer-handler.
1033.11 [Reserved]
1033.12 Producer.
1033.13 Producer milk.
1033.14 Other source milk.
1033.15 Fluid milk products.
1033.16 Fluid cream product.
1033.17 [Reserved]
1033.18 Cooperative association.
1033.19 Commercial food processing establishment.

                             Handler Reports

1033.30 Reports of receipts and utilization.
1033.31 Payroll reports.
1033.32 Other reports.

                         Classification of Milk

1033.40 Classes of utilization.
1033.41 [Reserved]
1033.42 Classification of transfers and diversions.
1033.43 General classification rules.
1033.44 Classification of producer milk.
1033.45 Market administrator's reports and announcements concerning 
          classification.

                              Class Prices

1033.50 Class prices, component prices, and advanced pricing factors.
1033.51 Class I differential and price.
1033.52 Adjusted Class I differentials.
1033.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1033.54 Equivalent price.

                       Producer Price Differential

1033.60 Handler's value of milk.
1033.61 Computation of producer price differential.
1033.62 Announcement of producer prices.

                            Payments for Milk

1033.70 Producer-settlement fund.

[[Page 169]]

1033.71 Payments to the producer-settlement fund.
1033.72 Payments from the producer-settlement fund.
1033.73 Payments to producers and to cooperative associations.
1033.74 [Reserved]
1033.75 Plant location adjustments for producer milk and nonpool milk.
1033.76 Payments by a handler operating a partially regulated 
          distributing plant.
1033.77 Adjustment of accounts.
1033.78 Charges on overdue accounts.

        Administrative Assessment and Marketing Service Deduction

1033.85 Assessment for order administration.
1033.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 47991, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1033.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1033. In this part 1033, all references to sections 
in part 1000 refer to part 1000 of this chapter.

                               Definitions



Sec. 1033.2  Mideast marketing area.

    The marketing area means all territory within the bounds of the 
following states and political subdivisions, including all piers, docks, 
and wharves connected therewith and all craft moored thereat, and all 
territory occupied by government (municipal, State, or Federal) 
reservations, installations, institutions, or other similar 
establishments if any part thereof is within any of the listed states or 
political subdivisions:

                            Indiana Counties

    Adams, Allen, Bartholomew, Benton, Blackford, Boone, Brown, Carroll, 
Cass, Clay, Clinton, Dearborn, Decatur, De Kalb, Delaware, Elkhart, 
Fayette, Fountain, Franklin, Fulton, Grant, Hamilton, Hancock, 
Hendricks, Henry, Howard, Huntington, Jackson, Jasper, Jay, Jefferson, 
Jennings, Johnson, Kosciusko, Lagrange, Lake, La Porte, Lawrence, 
Madison, Marion, Marshall, Miami, Monroe, Montgomery, Morgan, Newton, 
Noble, Ohio, Owen, Parke, Porter, Pulaski, Putnam, Randolph, Ripley, 
Rush, Shelby, St. Joseph, Starke, Steuben, Switzerland, Tippecanoe, 
Tipton, Union, Vermillion, Vigo, Wabash, Warren, Wayne, Wells, White, 
and Whitley.

                            Kentucky Counties

    Boone, Boyd, Bracken, Campbell, Floyd, Grant, Greenup, Harrison, 
Johnson, Kenton, Lawrence, Lewis, Magoffin, Martin, Mason, Pendleton, 
Pike, and Robertson.

                            Michigan Counties

    All counties except Delta, Dickinson, Gogebic, Iron, Menominee, and 
Ontonagon.

                                  Ohio

    The townships of Woodville and Madison in Sandusky County and all 
other counties in Ohio except Erie, Huron, and Ottawa.

                          Pennsylvania Counties

    Allegheny, Armstrong, Beaver, Butler, Crawford, Erie, Fayette, 
Greene, Lawrence, Mercer, Venango, and Washington.
    In Clarion County only the townships of Ashland, Beaver, Licking, 
Madison, Perry, Piney, Richland, Salem, and Toby.
    All of Westmoreland County except the townships of Cook, Donegal, 
Fairfield, Ligonier, and St. Clair, and the boroughs of Bolivar, 
Donegal, Ligonier, New Florence, and Seward.

                         West Virginia Counties

    Barbour, Boone, Brooke, Cabell, Calhoun, Doddridge, Fayette, Gilmer, 
Hancock, Harrison, Jackson, Kanawha, Lewis, Lincoln, Logan, Marion, 
Marshall, Mason, Mingo, Monongalia, Ohio, Pleasants, Preston, Putnam, 
Raleigh, Randolph, Ritchie, Roane, Taylor, Tucker, Tyler, Upshur, Wayne, 
Wetzel, Wirt, Wood, and Wyoming.



Sec. 1033.3  Route disposition.

    See Sec. 1000.3.



Sec. 1033.4  Plant.

    See Sec. 1000.4.



Sec. 1033.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1033.6  Supply plant.

    See Sec. 1000.6.



Sec. 1033.7  Pool plant.

    Pool plant means a plant, unit of plants, or a system of plants as 
specified in paragraphs (a) through (f) of this section, but excluding a 
plant

[[Page 170]]

specified in paragraph (h) of this section. The pooling standards 
described in paragraphs (c) through (f) of this section are subject to 
modification pursuant to paragraph (g) of this section:
    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this section or Sec. --------.7(b) of 
any other Federal milk order, from which during the month 30 percent or 
more of the total quantity of fluid milk products physically received at 
the plant (excluding concentrated milk received from another plant by 
agreement for other than Class I use) are disposed of as route 
disposition or are transferred in the form of packaged fluid milk 
products to other distributing plants. At least 25 percent of such route 
disposition and transfers must be to outlets in the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 30 percent of the total quantity of 
fluid milk products physically received at the plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) into ultra-pasteurized or aseptically-processed fluid 
milk products.
    (c) A supply plant from which the quantity of bulk fluid milk 
products shipped to, received at, and physically unloaded into plants 
described in paragraph (a) or (b) of this section as a percent of the 
Grade A milk received at the plant from dairy farmers (except dairy 
farmers described in Sec. 1033.12(b)) and handlers described in 
Sec. 1033.9(c), as reported in Sec. 1033.30(a), is not less than 30 
percent of the milk received from dairy farmers, including milk diverted 
pursuant to Sec. 1033.13, subject to the following conditions:
    (1) Qualifying shipments pursuant to this paragraph may be made to 
the following plants, except whenever the authority provided in 
paragraph (g) of this section is applied to increase the shipping 
requirements specified in this section, only shipments to pool plants 
described in Sec. 1033.7(a) and (b), shall count as qualifying shipments 
for the purpose of meeting the increased shipments:
    (i) Pool plants described in Sec. 1033.7(a) and (b);
    (ii) Plants of producer-handlers;
    (iii) Partially regulated distributing plants, except that credit 
for such shipments shall be limited to the amount of such milk 
classified as Class I at the transferee plant.
    (2) The operator of a supply plant located within the marketing area 
may include deliveries to pool distributing plants directly from farms 
of producers pursuant to Sec. 1033.13(c) as up to 90 percent of the 
supply plant's qualifying shipments. Handlers may not use shipments 
pursuant to Sec. 1033.13(c) to qualify plants located outside the 
marketing area.
    (3) Concentrated milk transferred from the supply plant to a 
distributing plant for an agreed-upon use other than Class I shall be 
excluded from the supply plant's shipments in computing the supply 
plant's shipping percentage.
    (4) Shipments used in determining qualifying percentages shall be 
milk transferred or diverted and physically received by pool 
distributing plants, less any transfers or diversions of bulk fluid milk 
products from such pool distributing plants.
    (5) A supply plant that does not meet the minimum delivery 
requirements specified in this paragraph to qualify for pool status in 
the current month because a distributing plant to which the supply plant 
delivered its fluid milk products during such month failed to qualify as 
a pool plant pursuant to paragraph (a) or (b) of this section shall 
continue to be a pool plant for the current month if such supply plant 
qualified as a pool plant in the 3 immediately preceding months.
    (d) A plant operated by a cooperative association if, during the 
month, 30 percent or more of the producer milk of members of the 
association is delivered to a distributing pool plant(s) or to a nonpool 
plant(s), and classification other than Class I is not requested. 
Deliveries for qualification purposes may be made directly from the farm 
or by transfer from such association's plant, subject to the following 
conditions:
    (1) The cooperative requests pool status for such plant;
    (2) The 30 percent delivery requirement may be met for the current

[[Page 171]]

month or it may be met on the basis of deliveries during the preceding 
12-month period ending with the current month. Shipments used in 
determining qualifying shipments in meeting this 30 percent delivery 
requirement shall be milk transferred or diverted and physically 
received by pool distributing plants, less any transfers or diversions 
of bulk fluid milk products from such pool distributing plants;
    (3) The plant is approved by a duly constituted regulatory authority 
to handle milk for fluid consumption; and
    (4) The plant does not qualify as a pool plant under paragraph (a), 
(b), or (c) of this section or under the similar provisions of another 
Federal order applicable to a distributing plant or supply plant.
    (e) A plant located inside the marketing area which has been a pool 
plant under this order for twelve consecutive months, but is not 
otherwise qualified under this paragraph, if it has a marketing 
agreement with a cooperative association and it fulfills the following 
conditions:
    (1) The aggregate monthly quantity supplied by all parties to such 
an agreement as a percentage of the producer milk receipts included in 
the unit during the month is not less than 35 percent; and
    (2) Shipments for qualification purposes shall include both 
transfers from supply plants to plants described in paragraph (c)(1) of 
this section, and deliveries made direct from the farm to plants 
qualified under paragraph (a) of this section.
    (f) A system of supply plants may qualify for pooling if 2 or more 
plants operated by one or more handlers meet the applicable percentage 
requirements of paragraph (c) of this section in the same manner as a 
single plant subject to the following additional requirements:
    (1) Each plant in the system is located within the marketing area, 
or was a pool supply plant for each of the 3 months immediately 
preceding the effective date of this paragraph so long as it continues 
to maintain pool status. Cooperative associations may not use shipments 
pursuant to Sec. 1033.9(c) to qualify plants located outside the 
marketing area;
    (2) A written notification to the market administrator listing the 
plants to be included in the system and the handler that is responsible 
for meeting the performance requirements of this paragraph under a 
marketing agreement certified to the market administrator by the 
designated handler and any others included in the system, and the period 
during which such consideration shall apply. Such notice, and notice of 
any change in designation, shall be furnished on or before the 5th 
working day following the month to which the notice applies. The listed 
plants included in the system shall also be in the sequence in which 
they shall qualify for pool plant status based on the minimum deliveries 
required. If the deliveries made are insufficient to qualify the entire 
system for pooling, the last listed plant shall be excluded from the 
system, followed by the plant next-to-last on the list, and continuing 
in this sequence until remaining listed plants have met the minimum 
shipping requirements; and
    (3) Each plant that qualifies as a pool plant within a system shall 
continue each month as a plant in the system unless the plant 
subsequently fails to qualify for pooling, or the responsible handler 
submits a written notification to the market administrator prior to the 
first day of the month that the plant is to be deleted from the system, 
or that the system is to be discontinued. In any month of March through 
August, a system shall not contain any plant which was not qualified 
under this paragraph, either individually or as a member of a system, 
during the previous September through February.
    (g) The applicable shipping percentages of paragraphs (c) through 
(f) of this section may be increased or decreased by the market 
administrator if the market administrator finds that such adjustment is 
necessary to encourage needed shipments or to prevent uneconomic 
shipments. Before making such a finding, the market administrator shall 
investigate the need for adjustment either on the market administrator's 
own initiative or at the request of interested parties if the request is 
made in writing at least 15 days prior to the month for which the 
requested revision is desired effective.

[[Page 172]]

If the investigation shows that an adjustment of the shipping 
percentages might be appropriate, the market administrator shall issue a 
notice stating that an adjustment is being considered and invite data, 
views and arguments. Any decision to revise an applicable shipping 
percentage must be issued in writing at least one day before the 
effective date.
    (h) The term pool plant shall not apply to the following plants:
    (1) A producer-handler as defined under any Federal order;
    (2) An exempt plant as defined in Sec. 1000.8(e);
    (3) A plant located within the marketing area and qualified pursuant 
to paragraph (a) of this section that meets the pooling requirements of 
another Federal order, and from which more than 50 percent of its route 
disposition has been in the other Federal order marketing area for 3 
consecutive months;
    (4) A plant located outside any Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of another Federal order and has had greater route 
disposition in such other Federal order's marketing area for 3 
consecutive months;
    (5) A plant located in another Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of such other Federal order and does not have a 
majority of its route distribution in this marketing area for 3 
consecutive months or if the plant is required to be regulated under 
such other Federal order without regard to its route disposition in any 
other Federal order marketing area;
    (6) A plant qualified pursuant to paragraph (c) of this section that 
also meets the pooling requirements of another Federal order and from 
which greater qualifying shipments are made to plants regulated under 
the other Federal order than are made to plants regulated under the 
order in this part, or the plant has automatic pooling status under the 
other Federal order.
    (i) Any plant that qualifies as a pool plant in each of the 
immediately preceding 3 months pursuant to paragraph (a) of this section 
or the shipping percentages in paragraph (c) of this section that is 
unable to meet such performance standards for the current month because 
of unavoidable circumstances determined by the market administrator to 
be beyond the control of the handler operating the plant, such as a 
natural disaster (ice storm, wind storm, flood), fire, breakdown of 
equipment, or work stoppage, shall be considered to have met the minimum 
performance standards during the period of such unavoidable 
circumstances, but such relief shall not be granted for more than 2 
consecutive months.

[64 FR 47991, Sept. 1, 1999, as amended at 67 FR 48744, July 26, 2002]



Sec. 1033.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1033.9  Handler.

    See Sec. 1000.9.



Sec. 1033.10  Producer-handler.

    Producer-handler means a person who:
    (a) Operates a dairy farm and a distributing plant from which there 
is route disposition in the marketing area during the month;
    (b) Receives fluid milk from own farm production or that is fully 
subject to the pricing and pooling provisions of the order in this part 
or any other Federal order;
    (c) Receives at its plant or acquires for route disposition no more 
than 150,000 pounds of fluid milk products from handlers fully regulated 
under any Federal order. This limitation shall not apply if the 
producer-handler's own farm production is less than 150,000 pounds 
during the month;
    (d) Disposes of no other source milk as Class I milk except by 
increasing the nonfat milk solids content of the fluid milk products; 
and
    (e) Provides proof satisfactory to the market administrator that the 
care and management of the dairy animals and other resources necessary 
to produce all Class I milk handled (excluding receipts from handlers 
fully regulated under any Federal order) and the processing and 
packaging operations are the producer-handler's own enterprise and at 
its own risk.

[[Page 173]]



Sec. 1033.11  [Reserved]



Sec. 1033.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
is:
    (1) Received at a pool plant directly from the producer or diverted 
by the plant operator in accordance with Sec. 1033.13; or
    (2) Received by a handler described in Sec. 1033.9(c).
    (b) Producer shall not include:
    (1) A producer-handler as defined in any Federal order;
    (2) A dairy farmer whose milk is received at an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1033.13(d);
    (3) A dairy farmer whose milk is received by diversion at a pool 
plant from a handler regulated under another Federal order if the other 
Federal order designates the dairy farmer as a producer under that order 
and that milk is allocated by request to a utilization other than Class 
I; and
    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another Federal order with respect to that portion 
of the milk so diverted that is assigned to Class I under the provisions 
of such other order.



Sec. 1033.13  Producer milk.

    Producer milk means the skim milk (or the skim equivalent of 
components of skim milk), including nonfat components, and butterfat in 
milk of a producer that is:
    (a) Received by the operator of a pool plant directly from a 
producer or a handler described in Sec. 1000.9(c). All milk received 
pursuant to this paragraph shall be priced at the location of the plant 
where it is first physically received;
    (b) Received by a handler described in Sec. 1000.9(c) in excess of 
the quantity delivered to pool plants;
    (c) Diverted by a pool plant operator to another pool plant. Milk so 
diverted shall be priced at the location of the plant to which diverted; 
or
    (d) Diverted by the operator of a pool plant or by a cooperative 
association described in Sec. 1000.9(c) to a nonpool plant, subject to 
the following conditions:
    (1) Milk of a dairy farmer shall not be eligible for diversion until 
milk of such dairy farmer has been physically received as producer milk 
at a pool plant and the dairy farmer has continuously retained producer 
status since that time. If a dairy farmer loses producer status under 
the order in this part (except as a result of a temporary loss of Grade 
A approval), the dairy farmer's milk shall not be eligible for diversion 
until milk of the dairy farmer has been physically received as producer 
milk at a pool plant;
    (2) The equivalent of at least two days' milk production is caused 
by the handler to be physically received at a pool plant in each of the 
months of August through November;
    (3) The equivalent of at least two days' milk production is caused 
by the handler to be physically received at a pool plant in each of the 
months of December through July if the requirement of paragraph (d)(2) 
of this section (Sec. 1033.13) in each of the prior months of August 
through November are not met, except in the case of a dairy farmer who 
marketed no Grade A milk during each of the prior months of August 
through November.
    (4) Of the total quantity of producer milk received during the month 
(including diversions but excluding the quantity of producer milk 
received from a handler described in Sec. 1000.9(c) of this chapter or 
which is diverted to another pool plant), the handler diverted to 
nonpool plants not more than 60 percent in each of the months of August 
through February and 70 percent in each of the months of March through 
July.
    (5) Diverted milk shall be priced at the location of the plant to 
which diverted;
    (6) Any milk diverted in excess of the limits set forth in paragraph 
(d)(3) of this section shall not be producer milk. The diverting handler 
shall designate the dairy farmer deliveries that shall not be producer 
milk. If the handler fails to designate the dairy farmer deliveries 
which are ineligible, producer

[[Page 174]]

milk status shall be forfeited with respect to all milk diverted to 
nonpool plants by such handler; and
    (7) The delivery day requirements and the diversion percentages in 
paragraphs (d)(2) and (d)(3) of this section may be increased or 
decreased by the market administrator if the market administrator finds 
that such revision is necessary to assure orderly marketing and 
efficient handling of milk in the marketing area. Before making such a 
finding, the market administrator shall investigate the need for the 
revision either on the market administrator's own initiative or at the 
request of interested persons if the request is made in writing at least 
15 days prior to the month for which the requested revision is desired 
effective. If the investigation shows that a revision might be 
appropriate, the market administrator shall issue a notice stating that 
the revision is being considered and inviting written data, views, and 
arguments. Any decision to revise an applicable percentage must be 
issued in writing at least one day before the effective date.

[64 FR 47991, Sept. 1, 1999, as amended at 67 FR 48744, July 26, 2002]



Sec. 1033.14  Other source milk.

    See Sec. 1000.14.



Sec. 1033.15  Fluid milk products.

    See Sec. 1000.15.



Sec. 1033.16  Fluid cream product.

    See Sec. 1000.16.



Sec. 1033.17  [Reserved]



Sec. 1033.18  Cooperative association.

    See Sec. 1000.18.



Sec. 1033.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1033.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator's 
office receives the report on or before the 7th day after the end of the 
month, in the detail and on the prescribed forms, as follows:
    (a) Each handler that operates a pool plant pursuant to Sec. 1033.7 
shall report for each of its operations the following information:
    (1) Product pounds, pounds of butterfat, pounds of protein, pounds 
of solids-not-fat other than protein (other solids), and the value of 
the somatic cell adjustment pursuant to Sec. 1000.50(p), contained in or 
represented by:
    (i) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c); and
    (ii) Receipts of milk from handlers described in Sec. 1000.9(c);
    (2) Product pounds and pounds of butterfat contained in:
    (i) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (ii) Receipts of other source milk; and
    (iii) Inventories at the beginning and end of the month of fluid 
milk products and bulk fluid cream products;
    (3) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph; and
    (4) Such other information with respect to the receipts and 
utilization of skim milk, butterfat, milk protein, other nonfat solids, 
and somatic cell information as the market administrator may prescribe.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for reports required by paragraph (a) of this section. Receipts of milk 
that would have been producer milk if the plant had been fully regulated 
shall be reported in lieu of producer milk. The report shall show also 
the quantity of any reconstituted skim milk in route disposition in the 
marketing area.
    (c) Each handler described in Sec. 1000.9(c) shall report:
    (1) The product pounds, pounds of butterfat, pounds of protein, 
pounds of solids-not-fat other than protein (other solids), and the 
value of the somatic cell adjustment pursuant to Sec. 1000.50(p),

[[Page 175]]

contained in receipts of milk from producers; and
    (2) The utilization or disposition of such receipts.
    (d) Each handler not specified in paragraphs (a) through (c) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1033.31  Payroll reports.

    (a) On or before the 22nd day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1033.7 and each 
handler described in Sec. 1000.9(c) shall report to the market 
administrator its producer payroll for the month, in the detail 
prescribed by the market administrator, showing for each producer the 
information described in Sec. 1033.73(e).
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in the same manner as prescribed for reports required by 
paragraph (a) of this section.



Sec. 1033.32  Other reports.

    In addition to the reports required pursuant to Secs. 1033.30 and 
1033.31, each handler shall report any information the market 
administrator deems necessary to verify or establish each handler's 
obligation under the order.

                         Classification of Milk



Sec. 1033.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1033.41  [Reserved]



Sec. 1033.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1033.43  General classification rules.

    See Sec. 1000.43.



Sec. 1033.44  Classification of producer milk.

    See Sec. 1000.44.



Sec. 1033.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

                              Class Prices



Sec. 1033.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1033.51  Class I differential and price.

    The Class I differential shall be the differential established for 
Cuyahoga County, Ohio which is reported in Sec. 1000.52. The Class I 
price shall be the price computed pursuant to Sec. 1000.50(a) for 
Cuyahoga County, Ohio.



Sec. 1033.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1033.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.



Sec. 1033.54  Equivalent price.

    See Sec. 1000.54.

                       Producer Price Differential



Sec. 1033.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants and of each handler described in Sec. 1000.9(c) with respect to 
milk that was not received at a pool plant by adding the amounts 
computed in paragraphs (a) through (i) of this section and subtracting 
from that total amount the value computed in paragraph (j) of this 
section. Unless otherwise specified, the skim milk, butterfat, and the 
combined pounds of skim milk and butterfat referred to in this section 
shall result from the steps set forth in Sec. 1000.44(a), (b), and (c), 
respectively, and the nonfat components of producer milk in each class 
shall be based upon the proportion of such components in producer skim 
milk. Receipts of nonfluid milk products that are distributed as labeled 
reconstituted milk for which payments are made to

[[Page 176]]

the producer-settlement fund of another Federal order under 
Sec. 1000.76(a)(4) or (d) shall be excluded from pricing under this 
section.
    (a) Class I value.
    (1) Multiply the pounds of skim milk in Class I by the Class I skim 
milk price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class I by the Class I butterfat price.
    (b) Class II value.
    (1) Multiply the pounds of nonfat solids in Class II skim milk by 
the Class II nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class II times the Class II butterfat price.
    (c) Class III value.
    (1) Multiply the pounds of protein in Class III skim milk by the 
protein price;
    (2) Add an amount obtained by multiplying the pounds of other solids 
in Class III skim milk by the other solids price; and
    (3) Add an amount obtained by multiplying the pounds of butterfat in 
Class III by the Class III butterfat price.
    (d) Class IV value.
    (1) Multiply the pounds of nonfat solids in Class IV skim milk by 
the nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class IV by the Class IV butterfat price.
    (e) Compute an adjustment for the somatic cell content of producer 
milk by multiplying the values reported pursuant to Sec. 033.30(a)(1) 
and (c)(1) by the percentage of total producer milk allocated to Class 
II, Class III, and Class IV pursuant to Sec. 1000.44(c);
    (f) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) and the corresponding step 
of Sec. 1000.44(b) by the skim milk prices and butterfat prices 
applicable to each class.
    (g) Multiply the difference between the current month's Class I, II, 
or III price, as the case may be, and the Class IV price for the 
preceding month by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (h) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat 
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from a plant regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants.
    (i) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in receipts of concentrated fluid milk products assigned to 
Class I pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an equivalent amount of skim milk or butterfat 
disposed of to such plant by handlers fully regulated under any Federal 
milk order is classified and priced as Class I milk and is not used as 
an offset for any other payment obligation under any order.
    (j) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).

[64 FR 47991, Sept. 1, 1999, as amended at 65 FR 82838, Dec. 28, 2000]

[[Page 177]]



Sec. 1033.61  Computation of producer butterfat price and producer price differential.

    For each month the market administrator shall compute a producer 
butterfat price per pound of butterfat and a producer price differential 
per hundredweight for producer milk receipts. The report of any handler 
who has not made payments required pursuant to Sec. 1033.71 for the 
preceding month shall not be included in the computation of these 
prices, and such handler's report shall not be included in the 
computation for succeeding months until the handler has made full 
payment of outstanding monthly obligations. Subject to the conditions of 
this paragraph, the market administrator shall compute the producer 
butterfat price and the producer price differential in the following 
manner:
    (a) Producer butterfat price. The producer butterfat price per 
pound, rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1033.60(i) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and
    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Producer price differential. (1) Combine into one total the 
values computed pursuant to Sec. 1033.60 for all handlers required to 
file reports prescribed in Sec. 1033.30;
    (2) Subtract the total of the values obtained:
    (i) By multiplying the total pounds of protein, other solids, and 
butterfat contained in each handler's producer milk for which an 
obligation was computed pursuant to Sec. 1033.60(a) through (h) and 
Sec. 1033.60(j) by the protein price, other solids price, and producer 
butterfat price, respectively, and the total value of the somatic cell 
adjustment pursuant to Sec. 1033.30(a)(1) and (c)(1);
    (ii) By multiplying each handler's pounds of skim milk and butterfat 
for which a value is computed pursuant to Sec. 1033.60(i) by the Class 
III skim milk price and the producer butterfat price, respectively;
    (3) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1033.75;
    (4) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total hundredweight of producer milk; and
    (ii) The total hundredweight for which a value is computed pursuant 
to Sec. 1033.60(i); and
    (6) Subtract not less than 4 cents nor more than 5 cents from the 
price computed pursuant to paragraph (b)(5) of this section. The result 
shall be known as the producer price differential for the month.

[65 FR 82838, Dec. 28, 2000]



Sec. 1033.62  Announcement of producer prices.

    On or before the 13th day after the end of each month, the market 
administrator shall announce publicly the following prices and 
information:
    (a) The producer price differential;
    (b) The protein price;
    (c) The nonfat solids price;
    (d) The other solids price;
    (e) The producer butterfat price;
    (f) The somatic cell adjustment rate;
    (g) The average butterfat, protein, nonfat solids, and other solids 
content of producer milk; and
    (h) The statistical uniform price computed by adding the following 
values:
    (1) The Class III skim milk price computed in Sec. 1000.50(i) 
multiplied by .965;
    (2) The producer butterfat price computed in Sec. 1033.61(a) 
multiplied by 3.5; and
    (3) The producer price differential computed in Sec. 1033.61(b).

[64 FR 47991, Sept. 1, 1999, as amended at 65 FR 82839, Dec. 28, 2000]

[[Page 178]]

                            Payments for Milk



Sec. 1033.70  Producer-settlement fund.

    See Sec. 1000.70.



Sec. 1033.71  Payments to the producer-settlement fund.

    Each handler shall make payment to the producer-settlement fund in a 
manner that provides receipt of the funds by the market administrator no 
later than the 15th day after the end of the month (except as provided 
in Sec. 1000.90). Payment shall be the amount, if any, by which the 
amount specified in paragraph (a) of this section exceeds the amount 
specified in paragraph (b) of this section:
    (a) The total value of milk to the handler for the month as 
determined pursuant to Sec. 1033.60.
    (b) The sum of:
    (1) An amount obtained by multiplying the total hundredweight of 
producer milk as determined pursuant to Sec. 1000.44(c) by the producer 
price differential as adjusted pursuant to Sec. 1033.75;
    (2) An amount obtained by multiplying the total pounds of protein, 
other solids, and butterfat contained in producer milk by the protein, 
other solids, and producer butterfat prices respectively;
    (3) The total value of the somatic cell adjustment to producer milk; 
and
    (4) An amount obtained by multiplying the hundredweight, the pounds 
of skim milk, and the pounds of butterfat for which a value was computed 
pursuant to Sec. 1033.60(i) by the producer price differential, the 
Class III skim milk price, and the producer butterfat price, 
respectively, as adjusted pursuant to Sec. 1033.75 applicable at the 
location of the plant from which received.

[64 FR 47991, Sept. 1, 1999, as amended at 65 FR 82839, Dec. 28, 2000]



Sec. 1033.72  Payments from the producer-settlement fund.

    No later than the 16th day after the end of each month (except as 
provided in Sec. 1000.90), the market administrator shall pay to each 
handler the amount, if any, by which the amount computed pursuant to 
Sec. 1033.71(b) exceeds the amount computed pursuant to Sec. 1033.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1033.73  Payments to producers and to cooperative associations.

    (a) Each handler shall pay each producer for producer milk for which 
payment is not made to a cooperative association pursuant to paragraph 
(b) of this section, as follows:
    (1) Partial payment. For each producer who has not discontinued 
shipments as of the date of this partial payment, payment shall be made 
so that it is received by each producer on or before the 26th day of the 
month (except as provided in Sec. 1000.90) for milk received during the 
first 15 days of the month from the producer at not less than the lowest 
announced class price for the preceding month, less proper deductions 
authorized in writing by the producer.
    (2) Final payment. For milk received during the month, payment shall 
be made so that it is received by each producer no later than the 17th 
day after the end of the month (except as provided in Sec. 1000.90) in 
an amount equal to not less than the sum of:
    (i) The hundredweight of producer milk received times the producer 
price differential for the month as adjusted pursuant to Sec. 1033.75;
    (ii) The pounds of butterfat received times the producer butterfat 
price for the month;
    (iii) The pounds of protein received times the protein price for the 
month;
    (iv) The pounds of other solids received times the other solids 
price for the month;
    (v) The hundredweight of milk received times the somatic cell 
adjustment for the month;
    (vi) Less any payment made pursuant to paragraph (a)(1) of this 
section;
    (vii) Less proper deductions authorized in writing by such producer 
and plus or minus adjustments for errors in previous payments to such 
producer; and
    (viii) Less deductions for marketing services pursuant to 
Sec. 1000.86.

[[Page 179]]

    (b) Payments for milk received from cooperative associations. On or 
before the day prior to the dates specified in paragraphs (a)(1) and 
(a)(2) of this section (except as provided in Sec. 1000.90), each 
handler shall pay to a cooperative association for milk received as 
follows:
    (1) Partial payment to a cooperative association. For bulk fluid 
milk/skimmed milk received during the first 15 days of the month from a 
cooperative association in any capacity, except as the operator of a 
pool plant, the partial payment shall be equal to the hundredweight of 
milk received multiplied by the lowest announced class price for the 
preceding month.
    (2) Partial payment to a cooperative association for milk 
transferred from its pool plant. For bulk fluid milk/skimmed milk 
products received during the first 15 days of the month from a 
cooperative association in its capacity as the operator of a pool plant, 
the partial payment shall be at the pool plant operator's estimated use 
value of the milk using the most recent class prices available at the 
receiving plant's location.
    (3) Final payment to a cooperative association for milk transferred 
from its pool plant. Following the classification of bulk fluid milk 
products and bulk fluid cream products received during the month from a 
cooperative association in its capacity as the operator of a pool plant, 
the final payment for such receipts shall be determined as follows:
    (i) The hundredweight of Class I skim milk times the Class I skim 
milk price for the month plus the pounds of Class I butterfat times the 
Class I butterfat price for the month. The Class I prices to be used 
shall be the prices effective at the location of the receiving plant;
    (ii) The pounds of nonfat solids in Class II skim milk by the Class 
II nonfat solids price;
    (iii) The pounds of butterfat in Class II times the Class II 
butterfat price;
    (iv) The pounds of nonfat solids in Class IV times the nonfat solids 
price;
    (v) The pounds of butterfat in Class III and Class IV milk times the 
respective butterfat prices for the month;
    (vi) The pounds of protein in Class III milk times the protein 
price;
    (vii) The pounds of other solids in Class III milk times the other 
solids price;
    (viii) The hundredweight of Class II, Class III, and Class IV milk 
times the somatic cell adjustment; and
    (ix) Add together the amounts computed in paragraphs (b)(3)(i) 
through (viii) of this section and from that sum deduct any payment made 
pursuant to paragraph (b)(2) of this section; and
    (4) Final payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk received from a 
cooperative association during the month, including the milk of 
producers who are not members of such association and who the market 
administrator determines have authorized the cooperative association to 
collect payment for their milk, the final payment for such milk shall be 
an amount equal to the sum of the individual payments otherwise payable 
for such milk pursuant to paragraph (a)(2) of this section.
    (c) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1033.72 by the payment date specified in 
paragraph (a) or (b) of this section, the handler may reduce payments 
pursuant to paragraphs (a) and (b) of this section, but not by more than 
the amount of the underpayment. The payments shall be completed on the 
next scheduled payment date after receipt of the balance due from the 
market administrator.
    (d) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or cannot be located, or 
because the cooperative association or its lawful successor or assignee 
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates 
and pays the producer or a lawful claimant, or in the event that the 
handler no longer exists and a lawful claim is later established, the 
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant, as the case 
may be.
    (e) In making payments to producers pursuant to this section, each 
handler shall furnish each producer, except a producer whose milk was 
received from

[[Page 180]]

a cooperative association handler described in Sec. 1000.9(a) or (c), a 
supporting statement in a form that may be retained by the recipient 
which shall show:
    (1) The name, address, Grade A identifier assigned by a duly 
constituted regulatory agency, and payroll number of the producer;
    (2) The daily and total pounds, and the month and dates such milk 
was received from that producer;
    (3) The total pounds of butterfat, protein, and other solids 
contained in the producer's milk;
    (4) The somatic cell count of the producer's milk;
    (5) The minimum rate or rates at which payment to the producer is 
required pursuant to the order in this part;
    (6) The rate used in making payment if the rate is other than the 
applicable minimum rate;
    (7) The amount, or rate per hundredweight, or rate per pound of 
component, and the nature of each deduction claimed by the handler; and
    (8) The net amount of payment to the producer or cooperative 
association.

[64 FR 47991, Sept. 1, 1999, as amended at 65 FR 82839, Dec. 28, 2000]



Sec. 1033.74  [Reserved]



Sec. 1033.75  Plant location adjustments for producer milk and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1033.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the payments required pursuant to Secs. 1033.73 and 
1000.76.



Sec. 1033.76  Payments by a handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1033.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1033.78  Charges on overdue accounts.

    See Sec. 1000.78.

        Administrative Assessment and Marketing Service Deduction



Sec. 1033.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1033.86  Deduction for marketing services.

    See Sec. 1000.86.

                       PARTS 1036-1120 [RESERVED]



PART 1124--MILK IN THE PACIFIC NORTHWEST MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1124.1 General provisions.

                               Definitions

1124.2 Pacific Northwest marketing area.
1124.3 Route disposition.
1124.4 Plant.
1124.5 Distributing plant.
1124.6 Supply plant.
1124.7 Pool plant.
1124.8 Nonpool plant.
1124.9 Handler.
1124.10 Producer-handler.
1124.11 Cooperative reserve supply unit.
1124.12 Producer.
1124.13 Producer milk.
1124.14 Other source milk.
1124.15 Fluid milk product.
1124.16 Fluid cream product.
1124.17 [Reserved]
1124.18 Cooperative association.
1124.19 Commercial food processing establishment.

                             Handler Reports

1124.30 Reports of receipts and utilization.
1124.31 Payroll reports.
1124.32 Other reports.

                         Classification of Milk

1124.40 Classes of utilization.
1124.41 [Reserved]
1124.42 Classification of transfers and diversions.
1124.43 General classification rules.
1124.44 Classification of producer milk.
1124.45 Market administrator's reports and announcements concerning 
          classification.

[[Page 181]]

                              Class Prices

1124.50 Class prices, component prices, and advanced pricing factors.
1124.51 Class I differential and price.
1124.52 Adjusted Class I differentials.
1124.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1124.54 Equivalent price.

                       Producer Price Differential

1124.60 Handler's value of milk.
1124.61 Computation of producer price differential.
1124.62 Announcement of producer prices.

                            Payments for Milk

1124.70 Producer-settlement fund.
1124.71 Payments to the producer-settlement fund.
1124.72 Payments from the producer-settlement fund.
1124.73 Payments to producers and to cooperative associations.
1124.74 [Reserved]
1124.75 Plant location adjustments for producer milk and nonpool milk.
1124.76 Payments by a handler operating a partially regulated 
          distributing plant.
1124.77 Adjustment of accounts.
1124.78 Charges on overdue accounts.

        Administrative Assessment and Marketing Service Deduction

1124.85 Assessment for order administration.
1124.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 47998, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1124.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1124. In this part 1124, all references to sections 
in part 1000 refer to part 1000 of this chapter.

                               Definitions



Sec. 1124.2  Pacific Northwest marketing area.

    The marketing area means all territory within the bounds of the 
following states and political subdivisions, including all piers, docks, 
and wharves connected therewith and all craft moored thereat, and all 
territory occupied by government (municipal, State, or Federal) 
reservations, installations, institutions, or other similar 
establishments if any part thereof is within any of the listed states or 
political subdivisions:

                             Idaho Counties

    Benewah, Bonner, Boundary, Kootenai, Latah, and Shoshone.

                             Oregon Counties

    Benton, Clackamas, Clatsop, Columbia, Coos, Crook, Curry, Deschutes, 
Douglas, Gilliam, Hood River, Jackson, Jefferson, Josephine, Klamath, 
Lake, Lane, Lincoln, Linn, Marion, Morrow, Multnomah, Polk, Sherman, 
Tillamook, Umatilla, Wasco, Washington, Wheeler, and Yamhill.

                               Washington

    All of the State of Washington.



Sec. 1124.3  Route disposition.

    See Sec. 1000.3.



Sec. 1124.4  Plant.

    See Sec. 1000.4.



Sec. 1124.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1124.6  Supply plant.

    See Sec. 1000.6.



Sec. 1124.7  Pool plant.

    Pool plant means a plant, unit of plants, or a system of plants as 
specified in paragraphs (a) through (f) of this section, but excluding a 
plant specified in paragraph (h) of this section. The pooling standards 
described in paragraph (c) of this section are subject to modification 
pursuant to paragraph (g) of this section:
    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this section or Sec. --------.7(b) of 
any other Federal milk order, from which during the month 25 percent or 
more of the total quantity of fluid milk products physically received at 
the plant (excluding concentrated milk received from another plant by 
agreement for other than Class I use) are disposed of as route 
disposition or are transferred in the form of packaged fluid milk 
products to other distributing plants. At least 25

[[Page 182]]

percent of such route disposition and transfers must be to outlets in 
the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 25 percent of the total quantity of 
fluid milk products physically received at the plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) into ultra-pasteurized or aseptically-processed fluid 
milk products.
    (c) A supply plant from which during any month not less than 20 
percent of the total quantity of milk that is physically received at 
such plant from dairy farmers eligible to be producers pursuant to 
Sec. 1124.12 (excluding milk received at such plant as diverted milk 
from another plant, which milk is classified other than Class I under 
the order in this part and is subject to the pricing and pooling 
provisions of this or another order issued pursuant to the Act) or 
diverted as producer milk to another plant pursuant to Sec. 1124.13, is 
shipped in the form of a fluid milk product (excluding concentrated milk 
transferred by agreement for other than Class I use) to a pool 
distributing plant or is a route disposition in the marketing area of 
fluid milk products processed and packaged at such plant;
    (1) A supply plant that has qualified as a pool plant during each of 
the immediately preceding months of September through February shall 
continue to so qualify in each of the following months of March through 
August, unless the plant operator files a written request with the 
market administrator that such plant not be a pool plant, such nonpool 
status to be effective the first month following such request and 
thereafter until the plant qualifies as a pool plant on the basis of 
milk shipments;
    (2) No plant may qualify as a pool plant due to a reduction in the 
shipping percentage pursuant to paragraph (g) of this section unless it 
has been a pool supply plant during each of the immediately preceding 3 
months.
    (d) A manufacturing plant located within the marketing area and 
operated by a cooperative association, or its wholly owned subsidiary, 
if, during the month, or the immediately preceding 12-month period 
ending with the current month, 20 percent or more of the producer milk 
of members of the association (and any producer milk of nonmembers and 
members of another cooperative association which may be marketed by the 
cooperative association) is physically received in the form of bulk 
fluid milk products (excluding concentrated milk transferred to a 
distributing plant for an agreed-upon use other that Class I) at plants 
specified in paragraph (a) or (b) of this section either directly from 
farms or by transfer from supply plants operated by the cooperative 
association, or its wholly owned subsidiary, and from plants of the 
cooperative association, or its wholly owned subsidiary, for which pool 
plant status has been requested under this paragraph subject to the 
following conditions:
    (1) The plant does not qualify as a pool plant under paragraph (a), 
(b), or (c) of this section or under comparable provisions of another 
Federal order; and
    (2) The plant is approved by a duly constituted regulatory agency 
for the handling of milk approved for fluid consumption in the marketing 
area.
    (3) A request is filed in writing with the market administrator 
before the first day of the month for which it is to be effective. The 
request will remain in effect until a cancellation request is filed in 
writing with the market administrator before the first day of the month 
for which the cancellation is to be effective.
    (e) [Reserved]
    (f) A system of two or more plants identified in Sec. 1124.7(d) 
operated by one or more cooperative handlers may qualify for pooling by 
meeting the above shipping requirements subject to the following 
additional requirements:
    (1) The cooperative handler(s) establishing the system submits a 
written request to the market administrator on or before the first day 
of the month for which the system is to be effective requesting that 
such plants qualify as a system. Such request will contain a list of the 
plants participating in the system in the order, beginning with the last 
plant, in which the plants will be dropped from the system if the system

[[Page 183]]

fails to qualify. Each plant that qualifies as a pool plant within a 
system shall continue each month as a plant in the system until the 
handler(s) establishing the system submits a written request before the 
first day of the month to the market administrator that the plant be 
deleted from the system or that the system be discontinued. Any plant 
that has been so deleted from a system, or that has failed to qualify in 
any month, will not be part of any system. In the event of an ownership 
change or the business failure of a handler that is a participant in the 
system, the system may be reorganized to reflect such a change if a 
written request to file a new marketing agreement is submitted to the 
market administrator; and
    (2) If a system fails to qualify under the requirement of this 
paragraph, the handler responsible for qualifying the system shall 
notify the market administrator of which plant or plants will be deleted 
from the system so that the remaining plants may be pooled as a system. 
If the handler fails to do so, the market administrator shall exclude 
one or more plants, beginning at the bottom of the list of plants in the 
system and continue up the list as necessary until the deliveries are 
sufficient to qualify the remaining plants in the system.
    (g) The applicable shipping percentage of paragraphs (c) and (d) of 
this section may be increased or decreased by the market administrator 
if the market administrator finds that such adjustment is necessary to 
encourage needed shipments or to prevent uneconomic shipments. Before 
making such a finding, the market administrator shall investigate the 
need for adjustment either on the market administrator's own initiative 
or at the request of interested parties if the request is made in 
writing at least 15 days prior to the month for which the requested 
revision is desired to be effective. If the investigation shows that an 
adjustment of the shipping percentages might be appropriate, the market 
administrator shall issue a notice stating that an adjustment is being 
considered and invite data, views and arguments. Any decision to revise 
an applicable shipping percentage must be issued in writing at least one 
day before the effective date.
    (h) The term pool plant shall not apply to the following plants:
    (1) A producer-handler as defined under any Federal order;
    (2) An exempt plant as defined in Sec. 1000.8(e);
    (3) A plant located within the marketing area and qualified pursuant 
to paragraph (a) of this section which meets the pooling requirements of 
another Federal order, and from which more than 50 percent of its route 
disposition has been in the other Federal order marketing area for 3 
consecutive months;
    (4) A plant located outside any Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of another Federal order and has had greater route 
disposition in such other Federal order's marketing area for 3 
consecutive months;
    (5) A plant located in another Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of such other Federal order and does not have a 
majority of its route distribution in this marketing area for 3 
consecutive months or if the plant is required to be regulated under 
such other Federal order without regard to its route disposition in any 
other Federal order marketing area; and
    (6) A plant qualified pursuant to paragraph (c) of this section 
which also meets the pooling requirements of another Federal order and 
from which greater qualifying shipments are made to plants regulated 
under the other Federal order than are made to plants regulated under 
the order in this part, or the plant has automatic pooling status under 
the other Federal order.

[64 FR 47998, Sept. 1, 1999, as amended at 67 FR 69669, Nov. 19, 2002]



Sec. 1124.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1124.9  Handler.

    See Sec. 1000.9.

[[Page 184]]



Sec. 1124.10  Producer-handler.

    Producer-handler means a person who operates a dairy farm and a 
distributing plant from which there is route disposition within the 
marketing area during the month and who the market administrator has 
designated a producer-handler after determining that all of the 
requirements of this section have been met.
    (a) Requirements for designation. Designation of any person as a 
producer-handler by the market administrator shall be contingent upon 
meeting the conditions set forth in paragraphs (a)(1) through (4) of 
this section. Following the cancellation of a previous producer-handler 
designation, a person seeking to have his/her producer-handler 
designation reinstated must demonstrate that these conditions have been 
met for the preceding month.
    (1) The care and management of the dairy animals and other resources 
and facilities designated in paragraph (b)(1) of this section necessary 
to produce all Class I milk handled (excluding receipts from handlers 
fully regulated under any Federal order) are under the complete and 
exclusive control and management of the producer-handler and are 
operated as the producer-handler's own enterprise and at its own risk.
    (2) The plant operation designated in paragraph (b)(2) of this 
section at which the producer-handler processes and packages, and from 
which it distributes, its own milk production is under the complete and 
exclusive control and management of the producer-handler and is operated 
as the producer-handler's own enterprise and at its sole risk.
    (3) The producer-handler neither receives at its designated milk 
production resources and facilities nor receives, handles, processes, or 
distributes at or through any of its designated milk handling, 
processing, or distributing resources and facilities other source milk 
products for reconstitution into fluid milk products or fluid milk 
products derived from any source other than:
    (i) Its designated milk production resources and facilities (own 
farm production);
    (ii) Pool handlers and plants regulated under any Federal order 
within the limitation specified in paragraph (c)(2) of this section; or
    (iii) Nonfat milk solids which are used to fortify fluid milk 
products.
    (4) The producer-handler is neither directly nor indirectly 
associated with the business control or management of, nor has a 
financial interest in, another handler's operation; nor is any other 
handler so associated with the producer-handler's operation.
    (b) Designation of resources and facilities. Designation of a person 
as a producer-handler shall include the determination of what shall 
constitute the person's milk production, handling, processing, and 
distribution resources and facilities, all of which shall be considered 
an integrated operation.
    (1) Milk production resources and facilities shall include all 
resources and facilities (milking herd(s), buildings housing such 
herd(s), and the land on which such buildings are located) used for the 
production of milk which are directly or indirectly, solely or 
partially, owned, operated, or controlled by the producer-handler, in 
which the producer-handler in any way has an interest, including any 
contractual arrangement, or which are directly, indirectly, or partially 
owned, operated, or controlled by any partner or stockholder of the 
producer-handler. However, for purposes of this paragraph, any such milk 
production resources and facilities which do not constitute an actual or 
potential source of milk supply for the producer-handler's operation 
shall not be considered a part of the producer-handler's milk production 
resources and facilities.
    (2) Milk handling, processing, and distribution resources and 
facilities shall include all resources and facilities (including store 
outlets) used for handling, processing, and distributing fluid milk 
products which are solely or partially owned by, and directly or 
indirectly operated or controlled by, the producer-handler or in which 
the producer-handler in any way has an interest, including any 
contractual arrangement, or over which the producer-handler directly or 
indirectly exercises any degree of management or control.

[[Page 185]]

    (3) All designations shall remain in effect until canceled pursuant 
to paragraph (c) of this section.
    (c) Cancellation. The designation as a producer-handler shall be 
canceled upon determination by the market administrator that any of the 
requirements of paragraphs (a)(1) through (4) of this section are not 
continuing to be met, or under any of the conditions described in 
paragraphs (c)(1) and (2) of this section. Cancellation of a producer-
handler's status pursuant to this paragraph shall be effective on the 
first day of the month following the month in which the requirements 
were not met or the conditions for cancellation occurred.
    (1) Milk from the milk production resources and facilities of the 
producer-handler, designated in paragraph (b)(1) of this section, is 
delivered in the name of another person as producer milk to another 
handler.
    (2) The producer-handler handles fluid milk products derived from 
sources other than the milk production facilities and resources 
designated in paragraph (b)(1) of this section, except that it may 
receive at its plant, or acquire for route disposition, fluid milk 
products from fully regulated plants and handlers under any Federal 
order if such receipts do not exceed 150,000 pounds monthly. This 
limitation shall not apply if the producer-handler's own farm production 
is less than 150,000 pounds during the month.
    (d) Public announcement. The market administrator shall publicly 
announce:
    (1) The name, plant location(s), and farm location(s) of persons 
designated as producer-handlers;
    (2) The names of those persons whose designations have been 
canceled; and
    (3) The effective dates of producer-handler status or loss of 
producer-handler status for each. Such announcements shall be 
controlling with respect to the accounting at plants of other handlers 
for fluid milk products received from any producer-handler.
    (e) Burden of establishing and maintaining producer-handler status. 
The burden rests upon the handler who is designated as a producer-
handler to establish through records required pursuant to Sec. 1000.27 
that the requirements set forth in paragraph (a) of this section have 
been and are continuing to be met, and that the conditions set forth in 
paragraph (c) of this section for cancellation of designation do not 
exist.



Sec. 1124.11  Cooperative reserve supply unit.

    Cooperative reserve supply unit means any cooperative association or 
its agent that is a handler pursuant to Sec. 1000.9(c) that does not own 
or operate a plant, if such cooperative has been qualified to receive 
payments pursuant to Sec. 1124.73 and has been a handler of producer 
milk under the order in this part or its predecessor order during each 
of the 12 previous months, and if a majority of the cooperative's member 
producers are located within 125 miles of a plant described in 
Sec. 1124.7(a). A cooperative reserve supply unit shall be subject to 
the following conditions:
    (a) The cooperative shall file a request with the market 
administrator for cooperative reserve supply unit status at least 15 
days prior to the first day of the month in which such status is desired 
to be effective. Once qualified as a cooperative reserve supply unit 
pursuant to this paragraph, such status shall continue to be effective 
unless the cooperative requests termination prior to the first day of 
the month that change of status is requested, or the cooperative fails 
to meet all of the conditions of this section.
    (b) The cooperative reserve supply unit supplies fluid milk products 
to pool distributing plants located within 125 miles of a majority of 
the cooperative's member producers in compliance with any announcement 
by the market administrator requesting a minimum level of shipments as 
follows:
    (1) The market administrator may require such supplies of bulk fluid 
milk from cooperative reserve supply units whenever the market 
administrator finds that milk supplies for Class I use are needed for 
plants defined in Sec. 1124.7(a) or (b). Before making such a finding, 
the market administrator shall investigate the need for such shipments 
either on the market administrator's own initiative or at the request of 
interested persons if the request is made in writing at least 15 days 
prior to the month for which the

[[Page 186]]

requested revision is desired effective. If the market administrator's 
investigation shows that such shipments might be appropriate, the market 
administrator shall issue a notice stating that a shipping announcement 
is being considered and inviting data, views and arguments with respect 
to the proposed shipping announcement. Any decision on the required 
shipment of bulk fluid milk from cooperative reserve supply units must 
be made in writing at least one day before the effective date.
    (2) Failure of a cooperative reserve supply unit to comply with any 
announced shipping requirements, including making any significant change 
in the unit's marketing operation that the market administrator 
determines has the impact of evading or forcing such an announcement, 
shall result in immediate loss of cooperative reserve supply unit status 
until such time as the unit has been a handler pursuant to 
Sec. 1000.9(c) for at least 12 consecutive months.



Sec. 1124.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
(or components of milk) is:
    (1) Received at a pool plant directly from the producer or diverted 
by the plant operator in accordance with Sec. 1124.13; or
    (2) Received by a handler described in Sec. 1000.9(c).
    (b) Producer shall not include:
    (1) A producer-handler as defined in any Federal order;
    (2) A dairy farmer whose milk is received at an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1124.13(e);
    (3) A dairy farmer whose milk is received by diversion at a pool 
plant from a handler regulated under another Federal order if the other 
Federal order designates the dairy farmer as a producer under that order 
and that milk is allocated by request to a utilization other than Class 
I;
    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another Federal order with respect to that portion 
of the milk so diverted that is assigned to Class I under the provisions 
of such other order; and
    (5) A dairy farmer whose milk was received at a nonpool plant during 
the month from the same farm as other than producer milk under the order 
in this part or any other Federal order. Such a dairy farmer shall be 
known as a dairy farmer for other markets.



Sec. 1124.13  Producer milk.

    Producer milk means the skim milk (or the skim equivalent of 
components of skim milk), including nonfat components, and butterfat in 
milk of a producer that is:
    (a) Received by the operator of a pool plant directly from a 
producer or a handler described in Sec. 1000.9(c). All milk received 
pursuant to this paragraph shall be priced at the location of the plant 
where it is first physically received;
    (b) Received by a cooperative reserve supply unit described in 
Sec. 1124.11. All milk received pursuant to this paragraph shall be 
priced at the location of the plant where it is first physically 
received and shall not be subject to the conditions specified in 
paragraph (e) of this section;
    (c) Received by a handler described in Sec. 1000.9(c) in excess of 
the quantity delivered to pool plants;
    (d) Diverted by a pool plant operator to another pool plant. Milk so 
diverted shall be priced at the location of the plant to which diverted; 
or
    (e) Diverted by the operator of a pool plant or a cooperative 
association described in Sec. 1000.9(c), excluding a cooperative reserve 
supply unit described in Sec. 1124.11, to a nonpool plant, subject to 
the following conditions:
    (1) Milk of a dairy farmer shall not be eligible for diversion 
unless at least 3 days' production of such dairy farmer's production is 
physically received at a pool plant during the month.
    (2) Of the quantity of producer milk received during the month 
(including diversions, but excluding the quantity of producer milk 
received from a handler described in Sec. 1000.9(c)) the handler diverts 
to nonpool plants not more than 80 percent.

[[Page 187]]

    (3) Two or more handlers described in Sec. 1000.9(c) may have their 
allowable diversions computed on the basis of their combined deliveries 
of producer milk which they caused to be delivered to pool plants or 
diverted during the month if each has filed a request in writing with 
the market administrator before the first day of the month the agreement 
is to be effective. The request shall specify the basis for assigning 
overdiverted milk to the producer deliveries of each according to a 
method approved by the market administrator.
    (4) Diverted milk shall be priced at the location of the plant to 
which diverted;
    (5) Any milk diverted in excess of the limits prescribed in 
paragraph (e)(2) of this section shall not be producer milk. If the 
diverting handler or cooperative association fails to designate the 
dairy farmers' deliveries that are not to be producer milk, no milk 
diverted by the handler or cooperative association during the month to a 
nonpool plant shall be producer milk. In the event some of the milk of 
any producer is determined not to be producer milk pursuant to this 
paragraph, other milk delivered by such producer as producer milk during 
the month will not be subject to Sec. 1124.12(b)(5).
    (6) The delivery day requirement in paragraph (e)(1) of this section 
and the diversion percentage in paragraph (e)(2) of this section may be 
increased or decreased by the market administrator if the market 
administrator finds that such revision is necessary to assure the 
orderly marketing and efficient handling of milk in the marketing area. 
Before making such finding, the market administrator shall investigate 
the need for the revision either on the market administrator's own 
initiative or at the request of interested persons if the request is 
made in writing at least 15 days prior to the month for which the 
requested revision is desired to be effective. If the investigation 
shows that a revision might be appropriate, the market administrator 
shall issue a notice stating that the revision is being considered and 
inviting written data, views, and arguments. Any decision to revise the 
delivery day requirement or the diversion percentage must be issued in 
writing at least one day before the effective date.

[64 FR 47998, Sept. 1, 1999, as amended at 67 FR 69669, Nov. 19, 2002]



Sec. 1124.14  Other source milk.

    See Sec. 1000.14.



Sec. 1124.15  Fluid milk product.

    See Sec. 1000.15.



Sec. 1124.16  Fluid cream product.

    See Sec. 1000.16.



Sec. 1124.17  [Reserved]



Sec. 1124.18  Cooperative association.

    See Sec. 1000.18.



Sec. 1124.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1124.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator's 
office receives the report on or before the 9th day after the end of the 
month, in the detail and on the prescribed forms, as follows:
    (a) Each handler that operates a pool plant pursuant to Sec. 1124.7 
shall report for each of its operations the following information:
    (1) Product pounds, pounds of butterfat, pounds of protein, and 
pounds of solids-not-fat other than protein (other solids) contained in 
or represented by:
    (i) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c); and
    (ii) Receipts of milk from handlers described in Sec. 1000.9(c);
    (2) Product pounds and pounds of butterfat contained in:
    (i) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (ii) Receipts of other source milk; and
    (iii) Inventories at the beginning and end of the month of fluid 
milk products and bulk fluid cream products;

[[Page 188]]

    (3) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph; and
    (4) Such other information with respect to the receipts and 
utilization of skim milk, butterfat, milk protein, and other nonfat 
solids, as the market administrator may prescribe.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for reports required by paragraph (a) of this section. Receipts of milk 
that would have been producer milk if the plant had been fully regulated 
shall be reported in lieu of producer milk. The report shall show also 
the quantity of any reconstituted skim milk in route disposition in the 
marketing area.
    (c) Each handler described in Sec. 1000.9(c) shall report:
    (1) The product pounds, pounds of butterfat, pounds of protein, and 
the pounds of solids-not-fat other than protein (other solids) contained 
in receipts of milk from producers; and
    (2) The utilization or disposition of such receipts.
    (d) Each handler not specified in paragraphs (a) through (c) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1124.31  Payroll reports.

    (a) On or before the 20th day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1124.7 and each 
handler described in Sec. 1000.9(c) shall report to the market 
administrator its producer payroll for the month, in the detail 
prescribed by the market administrator, showing for each producer the 
information described in Sec. 1124.73(f).
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in the same manner as prescribed for reports required by 
paragraph (a) of this section.



Sec. 1124.32  Other reports.

    In addition to the reports required pursuant to Secs. 1124.30 and 
1124.31, each handler shall report any information the market 
administrator deems necessary to verify or establish each handler's 
obligation under the order.

                         Classification of Milk



Sec. 1124.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1124.41  [Reserved]



Sec. 1124.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1124.43  General classification rules.

    See Sec. 1000.43.



Sec. 1124.44  Classification of producer milk.

    In addition to the provisions provided in Sec. 1000.44, for purposes 
of this part 1124, Sec. 1000.44(a)(3)(iv) applies to fluid milk products 
and bulk fluid cream products received or acquired for distribution from 
a producer-handler.



Sec. 1124.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

                              Class Prices



Sec. 1124.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1124.51  Class I differential and price.

    The Class I differential shall be the differential established for 
King County, Washington, which is reported in Sec. 1000.52. The Class I 
price shall be the price computed pursuant to Sec. 1000.50(a) for King 
County, Washington.



Sec. 1124.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1124.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.

[[Page 189]]



Sec. 1124.54  Equivalent price.

    See Sec. 1000.54.

                       Producer Price Differential



Sec. 1124.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants and of each handler described in Sec. 1000.9(c) with respect to 
milk that was not received at a pool plant by adding the amounts 
computed in paragraphs (a) through (h) of this section and subtracting 
from that total amount the value computed in paragraph (i) of this 
section. Unless otherwise specified, the skim milk, butterfat, and the 
combined pounds of skim milk and butterfat referred to in this section 
shall result from the steps set forth in Sec. 1000.44 (a), (b), and (c), 
respectively, and the nonfat components of producer milk in each class 
shall be based upon the proportion of such components in producer skim 
milk. Receipts of nonfluid milk products that are distributed as labeled 
reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76 (a)(4) or 
(d) shall be excluded from pricing under this section.
    (a) Class I value.
    (1) Multiply the hundredweight of skim milk in Class I by the Class 
I skim milk price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class I by the Class I butterfat price.
    (b) Class II value.
    (1) Multiply the pounds of nonfat solids in Class II skim milk by 
the Class II nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class II times the Class II butterfat price.
    (c) Class III value.
    (1) Multiply the pounds of protein in Class III skim milk by the 
protein price;
    (2) Add an amount obtained by multiplying the pounds of other solids 
in Class III skim milk by the other solids price; and
    (3) Add an amount obtained by multiplying the pounds of butterfat in 
Class III by the Class III butterfat price.
    (d) Class IV value.
    (1) Multiply the pounds of nonfat solids in Class IV skim milk by 
the nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class IV by the Class IV butterfat price.
    (e) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) and the corresponding 
steps of Sec. 1000.44(b) by the skim milk prices and butterfat prices 
applicable to each class.
    (f) Multiply the difference between the current month's Class I, II, 
or III price, as the case may be, and the Class IV price for the 
preceding month by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (g) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat 
subtracted from Class I pursuant to Sec. 1000.44(a)(3) (i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from plants regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants.
    (h) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in receipts of concentrated fluid milk products assigned to 
Class I pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an

[[Page 190]]

equivalent amount of skim milk or butterfat disposed of to such plant by 
handlers fully regulated under any Federal milk order is classified and 
priced as Class I milk and is not used as an offset for any other 
payment obligation under any order.
    (i) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).

[64 FR 47998, Sept. 1, 1999, as amended at 65 FR 82839, Dec. 28, 2000]



Sec. 1124.61  Computation of producer butterfat price and producer price differential.

    For each month, the market administrator shall compute a producer 
butterfat price per pound of butterfat and a producer price differential 
per hundredweight. The report of any handler who has not made payments 
required pursuant to Sec. 1124.71 for the preceding month shall not be 
included in these computations, and such handler's report shall not be 
included in the computation for succeeding months until the handler has 
made full payment of outstanding monthly obligations. Subject to the 
aforementioned conditions, the market administrator shall compute the 
producer butterfat price and the producer price differential in the 
following manner:
    (a) Producer butterfat price. The producer butterfat price per 
pound, rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1124.60(h) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and
    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Producer price differential. (1) Combine into one total the 
values computed pursuant to Sec. 1124.60 for all handlers required to 
file reports prescribed in Sec. 1124.30;
    (2) Subtract the total of the values obtained:
    (i) By multiplying the total pounds of protein, other solids, and 
butterfat contained in each handler's producer milk for which an 
obligation was computed pursuant to Sec. 1124.60(a) through (g) and 
Sec. 1124.60(i) by the protein price, other solids price, and producer 
butterfat price, respectively;
    (ii) By multiplying each handler's pounds of skim milk and butterfat 
for which a value is computed pursuant to Sec. 1124.60(h) by the Class 
III skim milk price and the producer butterfat price, respectively;
    (3) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1124.75;
    (4) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total hundredweight of producer milk; and
    (ii) The total hundredweight for which a value is computed pursuant 
to Sec. 1124.60(h); and
    (6) Subtract not less than 4 cents nor more than 5 cents from the 
price computed pursuant to paragraph (b)(5) of this section. The result 
shall be known as the producer price differential for the month.

[64 FR 47998, Sept. 1, 1999, as amended at 65 FR 82839, Dec. 28, 2000]



Sec. 1124.62  Announcement of producer prices.

    On or before the 14th day after the end of each month, the market 
administrator shall announce publicly the following prices and 
information:
    (a) The producer price differential;
    (b) The protein price;
    (c) The nonfat solids price;
    (d) The other solids price;
    (e) The producer butterfat price;

[[Page 191]]

    (f) The average butterfat, protein, nonfat solids, and other solids 
content of producer milk; and
    (g) The statistical uniform price computed by adding the following 
values:
    (1) The Class III skim milk price computed in Sec. 1000.50(i) 
multiplied by .965;
    (2) The producer butterfat price computed in Sec. 1124.61(a) 
multiplied by 3.5; and
    (3) The producer price differential computed in Sec. 1124.61(b).

[64 FR 47998, Sept. 1, 1999, as amended at 65 FR 82840, Dec. 28, 2000]

                            Payments for Milk



Sec. 1124.70  Producer-settlement fund.

    See Sec. 1000.70.



Sec. 1124.71  Payments to the producer-settlement fund.

    Each handler shall make payment to the producer-settlement fund in a 
manner that provides receipt of the funds by the market administrator no 
later than the 16th day after the end of the month (except as provided 
in Sec. 1000.90). Payment shall be the amount, if any, by which the 
amount specified in paragraph (a) of this section exceeds the amount 
specified in paragraph (b) of this section:
    (a) The total value of milk to the handler for the month as 
determined pursuant to Sec. 1124.60.
    (b) The sum of:
    (1) An amount obtained by multiplying the total hundredweight of 
producer milk as determined pursuant to Sec. 1000.44(c) by the producer 
price differential as adjusted pursuant to Sec. 1124.75;
    (2) An amount obtained by multiplying the total pounds of protein, 
other solids, and butterfat contained in producer milk by the protein, 
other solids, and producer butterfat prices respectively; and
    (3) An amount obtained by multiplying the hundredweight, the pounds 
of skim milk, and the pounds of butterfat for which a value was computed 
pursuant to Sec. 1124.60(h) by the producer price differential, the 
Class III skim milk price, and the producer butterfat price, 
respectively, as adjusted pursuant to Sec. 1124.75 applicable at the 
location of the plant from which received.

[64 FR 47998, Sept. 1, 1999, as amended at 65 FR 82840, Dec. 28, 2000]



Sec. 1124.72  Payments from the producer-settlement fund.

    No later than the 18th day after the end of each month (except as 
provided in Sec. 1000.90), the market administrator shall pay to each 
handler the amount, if any, by which the amount computed pursuant to 
Sec. 1124.71(b) exceeds the amount computed pursuant to Sec. 1124.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1124.73  Payments to producers and to cooperative associations.

    (a) Each handler shall pay each producer for producer milk for which 
payment is not made to a cooperative association pursuant to paragraph 
(b) of this section, as follows:
    (1) Partial payment. For each producer who has not discontinued 
shipments as of the 18th day of the month, partial payment shall be made 
so that it is received by each producer on or before the last day of the 
month (except as provided in Sec. 1000.90) for milk received during the 
first 15 days of the month from the producer at not less than the lowest 
announced class price for the preceding month, less proper deductions 
authorized in writing by the producer.
    (2) Final payment. For milk received during the month, payment shall 
be made so that it is received by each producer no later than the 19th 
day after the end of the month (except as provided in Sec. 1000.90) in 
an amount equal to not less than the sum of:
    (i) The hundredweight of producer milk received times the producer 
price differential for the month as adjusted pursuant to Sec. 1124.75;
    (ii) The pounds of butterfat received times the producer butterfat 
price for the month;
    (iii) The pounds of protein received times the protein price for the 
month;

[[Page 192]]

    (iv) The pounds of other solids received times the other solids 
price for the month;
    (v) Less any payment made pursuant to paragraph (a)(1) of this 
section;
    (vi) Less proper deductions authorized in writing by such producer 
and plus or minus adjustments for errors in previous payments to such 
producer subject to approval by the market administrator; and
    (vii) Less deductions for marketing services pursuant to 
Sec. 1000.86.
    (b) Payments for milk received from cooperative association members. 
On or before the 2nd day prior to the dates specified in paragraphs 
(a)(1) and (a)(2) of this section (except as provided in Sec. 1000.90), 
each handler shall pay to a cooperative association for milk from 
producers who market their milk through the cooperative association and 
who have authorized the cooperative to collect such payments on their 
behalf an amount equal to the sum of the individual payments otherwise 
payable for such producer milk pursuant to paragraphs (a)(1) and (a)(2) 
of this section.
    (c) Payment for milk received from cooperative association pool 
plants or from cooperatives as handlers pursuant to Sec. 1000.9(c). On 
or before the 2nd day prior to the dates specified in paragraphs (a)(1) 
and (a)(2) of this section (except as provided in Sec. 1000.90), each 
handler who receives fluid milk products at its plant from a cooperative 
association in its capacity as the operator of a pool plant or who 
receives milk from a cooperative association in its capacity as a 
handler pursuant to Sec. 1000.9(c), including the milk of producers who 
are not members of such association and who the market administrator 
determines have authorized the cooperative association to collect 
payment for their milk, shall pay the cooperative for such milk as 
follows:
    (1) For bulk fluid milk products and bulk fluid cream products 
received from a cooperative association in its capacity as the operator 
of a pool plant and for milk received from a cooperative association in 
its capacity as a handler pursuant to Sec. 1000.9(c) during the first 15 
days of the month, at not less than the lowest announced class price per 
hundredweight for the preceding month.
    (2) For the total quantity of bulk fluid milk products and bulk 
fluid cream products received from a cooperative association in its 
capacity as the operator of a pool plant, at not less than the total 
value of such products received from the association's pool plants, as 
determined by multiplying the respective quantities assigned to each 
class under Sec. 1000.44, as follows:
    (i) The hundredweight of Class I skim milk times the Class I skim 
milk price for the month plus the pounds of Class I butterfat times the 
Class I butterfat price for the month. The Class I prices to be used 
shall be the prices effective at the location of the receiving plant;
    (ii) The pounds of nonfat solids in Class II skim milk by the Class 
II nonfat solids price;
    (iii) The pounds of butterfat in Class II times the Class II 
butterfat price;
    (iv) The pounds of nonfat solids in Class IV times the nonfat solids 
price;
    (v) The pounds of butterfat in Class III and Class IV milk by the 
respective butterfat prices for the month;
    (vi) The pounds of protein in Class III milk times the protein 
price;
    (vii) The pounds of other solids in Class III milk times the other 
solids price; and
    (viii) Add together the amounts computed in paragraphs (c)(2)(i) 
through (vii) of this section and from that sum deduct any payment made 
pursuant to paragraph (c)(1) of this section; and
    (3) For the total quantity of milk received during the month from a 
cooperative association in its capacity as a handler under 
Sec. 1000.9(c) as follows:
    (i) The hundredweight of producer milk received times the producer 
price differential as adjusted pursuant to Sec. 1124.75;
    (ii) The pounds of butterfat received times the producer butterfat 
price for the month;
    (iii) The pounds of protein received times the protein price for the 
month;
    (iv) The pounds of other solids received times the other solids 
price for the month; and
    (v) Add together the amounts computed in paragraphs (c)(3)(i) 
through (iv) of this section and from that sum

[[Page 193]]

deduct any payment made pursuant to paragraph (c)(1) of this section.
    (d) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1124.72 by the payment date specified in 
paragraph (a), (b) or (c) of this section, the handler may reduce pro 
rata its payments to producers or to the cooperative association (with 
respect to receipts described in paragraph (b) of this section, 
prorating the underpayment to the volume of milk received from the 
cooperative association in proportion to the total milk received from 
producers by the handler), but not by more than the amount of the 
underpayment. The payments shall be completed on the next scheduled 
payment date after receipt of the balance due from the market 
administrator.
    (e) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or cannot be located, or 
because the cooperative association or its lawful successor or assignee 
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates 
and pays the producer or a lawful claimant, or in the event that the 
handler no longer exists and a lawful claim is later established, the 
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant, as the case 
may be.
    (f) In making payments to producers pursuant to this section, each 
handler shall furnish each producer, except a producer whose milk was 
received from a cooperative association handler described in 
Sec. 1000.9(a) or (c), a supporting statement in a form that may be 
retained by the recipient which shall show:
    (1) The name, address, Grade A identifier assigned by a duly 
constituted regulatory agency, and payroll number of the producer;
    (2) The daily and total pounds, and the month and dates such milk 
was received from that producer;
    (3) The total pounds of butterfat, protein, and other solids 
contained in the producer's milk;
    (4) The minimum rate or rates at which payment to the producer is 
required pursuant to the order in this part;
    (5) The rate used in making payment if the rate is other than the 
applicable minimum rate;
    (6) The amount, or rate per hundredweight, or rate per pound of 
component, and the nature of each deduction claimed by the handler; and
    (7) The net amount of payment to the producer or cooperative 
association.

[64 FR 47998, Sept. 1, 1999, as amended at 65 FR 82840, Dec. 28, 2000]



Sec. 1124.74  [Reserved]



Sec. 1124.75  Plant location adjustments for producer milk and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1124.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the payments required pursuant to Secs. 1124.73 and 
1000.76.



Sec. 1124.76  Payments by a handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1124.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1124.78  Charges on overdue accounts.

    See Sec. 1000.78.

        Administrative Assessment and Marketing Service Deduction



Sec. 1124.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1124.86  Deduction for marketing services.

    See Sec. 1000.86.

                          PART 1125 [RESERVED]

[[Page 194]]



PART 1126--MILK IN THE SOUTHWEST MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1126.1 General provisions.

                               Definitions

1126.2 Southwest marketing area.
1126.3 Route disposition.
1126.4 Plant.
1126.5 Distributing plant.
1126.6 Supply plant.
1126.7 Pool plant.
1126.8 Nonpool plant.
1126.9 Handler.
1126.10 Producer-handler.
1126.11 [Reserved]
1126.12 Producer.
1126.13 Producer milk.
1126.14 Other source milk.
1126.15 Fluid milk product.
1126.16 Fluid cream product.
1126.17 [Reserved]
1126.18 Cooperative association.
1126.19 Commercial food processing establishment.

                             Handler Reports

1126.30 Reports of receipts and utilization.
1126.31 Payroll reports.
1126.32 Other reports.

                         Classification of Milk

1126.40 Classes of utilization.
1126.41 [Reserved]
1126.42 Classification of transfers and diversions.
1126.43 General classification rules.
1126.44 Classification of producer milk.
1126.45 Market administrator's reports and announcements concerning 
          classification.

                              Class Prices

1126.50 Class prices, component prices, and advanced pricing factors.
1126.51 Class I differential and price.
1126.52 Adjusted Class I differentials.
1126.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1126.54 Equivalent price.

                       Producer Price Differential

1126.60 Handler's value of milk.
1126.61 Computation of producer price differential.
1126.62 Announcement of producer prices.

                            Payments for Milk

1126.70 Producer-settlement fund.
1126.71 Payments to the producer-settlement fund.
1126.72 Payments from the producer-settlement fund.
1126.73 Payments to producers and to cooperative associations.
1126.74 [Reserved]
1126.75 Plant location adjustments for producer milk and nonpool milk.
1126.76 Payments by a handler operating a partially regulated 
          distributing plant.
1126.77 Adjustment of accounts.
1126.78 Charges on overdue accounts.

        Administrative Assessment and Marketing Service Deduction

1126.85 Assessment for order administration.
1126.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 48004, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1126.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1126. In this part 1126, all references to sections 
in part 1000 refer to part 1000 of this chapter.

                               Definitions



Sec. 1126.2  Southwest marketing area.

    The marketing area means all territory within the bounds of the 
following states and political subdivisions, including all piers, docks 
and wharves connected therewith and all craft moored thereat, and all 
territory occupied by government (municipal, State or Federal) 
reservations, installations, institutions, or other similar 
establishments if any part thereof is within any of the listed states or 
political subdivisions:

                            Colorado Counties

    Archuleta, LaPlata, and Montezuma.

                          New Mexico and Texas

    All of the States of New Mexico and Texas.



Sec. 1126.3  Route disposition.

    See Sec. 1000.3.

[[Page 195]]



Sec. 1126.4  Plant.

    See Sec. 1000.4.



Sec. 1126.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1126.6  Supply plant.

    See Sec. 1000.6.



Sec. 1126.7  Pool plant.

    Pool plant means a plant specified in paragraphs (a) through (d) of 
this section, or a unit of plants as specified in paragraph (e) of this 
section, but excluding a plant specified in paragraph (g) of this 
section. The pooling standards described in paragraphs (c) and (d) of 
this section are subject to modification pursuant to paragraph (f) of 
this section:
    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this section or Sec. --------.7(b) of 
any other Federal milk order, from which during the month 25 percent or 
more of the total quantity of fluid milk products physically received at 
the plant (excluding concentrated milk received from another plant by 
agreement for other than Class I use) are disposed of as route 
disposition or are transferred in the form of packaged fluid milk 
products to other distributing plants. At least 25 percent of such route 
disposition and transfers must be to outlets in the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 25 percent of the total quantity of 
fluid milk products physically received at the plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) into ultra-pasteurized or aseptically-processed fluid 
milk products.
    (c) A supply plant from which 50 percent or more of the total 
quantity of milk that is physically received during the month from dairy 
farmers and handlers described in Sec. 1000.9(c), including milk that is 
diverted as producer milk to other plants, is transferred to pool 
distributing plants. Concentrated milk transferred from the supply plant 
to a distributing plant for an agreed-upon use other than Class I shall 
be excluded from the supply plant's shipments in computing the plant's 
shipping percentage.
    (d) A plant located within the marketing area that is operated by a 
cooperative association if pool plant status under this paragraph is 
requested for such plant by the cooperative association and during the 
month at least 30 percent of the producer milk of members of such 
cooperative association is delivered directly from farms to pool 
distributing plants or is transferred to such plants as a fluid milk 
product (excluding concentrated milk transferred to a distributing plant 
for an agreed-upon use other than Class I) from the cooperative's plant.
    (e) Two or more plants operated by the same handler and located 
within the marketing area may qualify for pool status as a unit by 
meeting the total and in-area route disposition requirements specified 
in paragraph (a) of this section and the following additional 
requirements:
    (1) At least one of the plants in the unit must qualify as a pool 
plant pursuant to paragraph (a) of this section;
    (2) Other plants in the unit must process only Class I or Class II 
products and must be located in a pricing zone providing the same or a 
lower Class I price than the price applicable at the distributing plant 
included in the unit pursuant to paragraph (e)(1) of this section; and
    (3) A written request to form a unit, or to add or remove plants 
from a unit, must be filed with the market administrator prior to the 
first day of the month for which it is to be effective.
    (f) The applicable shipping percentages of paragraphs (c) and (d) of 
this section may be increased or decreased by the market administrator 
if the market administrator finds that such adjustment is necessary to 
encourage needed shipments or to prevent uneconomic shipments. Before 
making such a finding, the market administrator shall investigate the 
need for adjustment either on the market administrator's own initiative 
or at the request of interested parties if the request is made in 
writing at least 15 days prior to the month for which the requested 
revision is desired effective. If the investigation shows that an 
adjustment

[[Page 196]]

of the shipping percentages might be appropriate, the market 
administrator shall issue a notice stating that an adjustment is being 
considered and invite data, views and arguments. Any decision to revise 
an applicable shipping percentage must be issued in writing at least one 
day before the effective date.
    (g) The term pool plant shall not apply to the following plants:
    (1) A producer-handler plant;
    (2) An exempt plant as defined in Sec. 1000.8(e);
    (3) A plant qualified pursuant to paragraph (a) of this section that 
is located within the marketing area if the plant also meets the pooling 
requirements of another Federal order, and more than 50 percent of its 
route distribution has been in such other Federal order marketing area 
for 3 consecutive months;
    (4) A plant qualified pursuant to paragraph (a) of this section 
which is not located within any Federal order marketing area that meets 
the pooling requirements of another Federal order and has had greater 
route disposition in such other Federal order's marketing area for 3 
consecutive months;
    (5) A plant qualified pursuant to paragraph (a) of this section that 
is located in another Federal order marketing area if the plant meets 
the pooling requirements of such other Federal order and does not have a 
majority of its route distribution in this marketing area for 3 
consecutive months or if the plant is required to be regulated under 
such other Federal order without regard to its route disposition in any 
other Federal order marketing area;
    (6) A plant qualified pursuant to paragraph (c) or (d) of this 
section which also meets the pooling requirements of another Federal 
order and from which greater qualifying shipments are made to plants 
regulated under the other Federal order than are made to plants 
regulated under the order in this part, or the plant has automatic 
pooling status under the other Federal order; and
    (7) That portion of a pool plant designated as a nonpool plant that 
is physically separate and operated separately from the pool portion of 
such plant. The designation of a portion of a regulated plant as a 
nonpool plant must be requested in writing by the handler and must be 
approved by the market administrator.



Sec. 1126.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1126.9  Handler.

    See Sec. 1000.9.



Sec. 1126.10  Producer-handler.

    Producer-handler means a person who:
    (a) Operates a dairy farm and a distributing plant from which there 
is route disposition in the marketing area during the month;
    (b) Receives fluid milk products from own farm production or milk 
that is fully subject to the pricing and pooling provisions of the order 
in this part or another Federal order;
    (c) Receives no more than 150,000 pounds of fluid milk products from 
handlers fully regulated under any Federal order, including such 
products received at a location other than the producer-handler's 
processing plant for distribution on routes. This limitation shall not 
apply if the producer-handler's own farm production is less than 150,000 
pounds during the month;
    (d) Disposes of no other source milk as Class I milk except by 
increasing the nonfat milk solids content of the fluid milk products; 
and
    (e) Provides proof satisfactory to the market administrator that the 
care and management of the dairy animals and other resources necessary 
to produce all Class I milk handled (excluding receipts from handlers 
fully regulated under any Federal order) and the processing and 
packaging operations are the producer-handler's own enterprise and at 
its own risk.



Sec. 1126.11  [Reserved]



Sec. 1126.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
(or components of milk) is:
    (1) Received at a pool plant directly from the producer or diverted 
by the

[[Page 197]]

plant operator in accordance with Sec. 1126.13; or
    (2) Received by a handler described in Sec. 1000.9(c).
    (b) Producer shall not include:
    (1) A producer-handler as defined in any Federal order;
    (2) A dairy farmer whose milk is received at an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1126.13(d);
    (3) A dairy farmer whose milk is received by diversion at a pool 
plant from a handler regulated under another Federal order if the other 
Federal order designates the dairy farmer as a producer under that order 
and the milk is allocated by request to a utilization other than Class 
I; and
    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another Federal order with respect to that portion 
of the milk so diverted that is assigned to Class I under the provisions 
of such other order.



Sec. 1126.13  Producer milk.

    Producer milk means the skim milk (or the skim equivalent of 
components of skim milk), including nonfat components, and butterfat 
contained in milk of a producer that is:
    (a) Received by the operator of a pool plant directly from a 
producer or a handler described in Sec. 1000.9(c). All milk received 
pursuant to this paragraph shall be priced at the location of the plant 
where it is first physically received;
    (b) Received by a handler described in Sec. 1000.9(c) in excess of 
the quantity delivered to pool plants;
    (c) Diverted by a pool plant operator for the account of the handler 
operating such plant to another pool plant. Milk so diverted shall be 
priced at the location of the plant to which diverted; or
    (d) Diverted by the operator of a pool plant or a handler described 
in Sec. 1000.9(c) to a nonpool plant, subject to the following 
conditions:
    (1) Milk of a dairy farmer shall not be eligible for diversion 
unless a delivery of at least 40,000 pounds or one day's milk 
production, whichever is less, of such dairy farmer has been physically 
received as producer milk at a pool plant and the dairy farmer has 
continuously retained producer status since that time;
    (2) The total quantity of milk diverted during the month by a 
cooperative association shall not exceed 50 percent of the total 
quantity of producer milk that the cooperative association caused to be 
received at pool plants and diverted;
    (3) The operator of a pool plant that is not a cooperative 
association may divert any milk that is not under the control of a 
cooperative association that diverts milk during the month pursuant to 
this paragraph. The total quantity of milk so diverted during the month 
shall not exceed 50 percent of the total quantity of the producer milk 
physically received at such plant (or such unit of plants in the case of 
plants that pool as a unit pursuant to Sec. 1126.7(e)) and diverted;
    (4) Any milk diverted in excess of the limits prescribed in 
paragraphs (d)(2) and (3) of this section shall not be producer milk. If 
the diverting handler or cooperative association fails to designate the 
dairy farmers' deliveries that will not be producer milk, no milk 
diverted by the handler or cooperative association shall be producer 
milk;
    (5) Diverted milk shall be priced at the location of the plant to 
which diverted; and
    (6) The delivery requirement in paragraph (d)(1) and the diversion 
percentages in paragraphs (d)(2) and (3) of this section may be 
increased or decreased by the market administrator if there is a finding 
that such revision is necessary to assure orderly marketing and 
efficient handling of milk in the marketing area. Before making such a 
finding, the market administrator shall investigate the need for the 
revision either on the market administrator's own initiative or at the 
request of interested persons if the request is made in writing at least 
15 days prior to the month for which the requested revision is desired 
effective. If the investigation shows that a revision might be 
appropriate, the market administrator shall issue a notice stating that 
the revision is being considered and inviting written data, views, and 
arguments. Any decision to revise the

[[Page 198]]

delivery day requirement or any diversion percentage must be issued in 
writing at least one day before the effective date.



Sec. 1126.14  Other source milk.

    See Sec. 1000.14.



Sec. 1126.15  Fluid milk product.

    See Sec. 1000.15.



Sec. 1126.16  Fluid cream product.

    See Sec. 1000.16.



Sec. 1126.17  [Reserved]



Sec. 1126.18  Cooperative association.

    See Sec. 1000.18.



Sec. 1126.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1126.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator's 
office receives the report on or before the 8th day after the end of the 
month, in the detail and on prescribed forms, as follows:
    (a) Each pool plant operator shall report for each of its operations 
the following information:
    (1) Product pounds, pounds of butterfat, pounds of protein, pounds 
of nonfat solids other than protein (other solids), and the value of the 
somatic cell adjustment pursuant to Sec. 1000.50(p) contained in or 
represented by:
    (i) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c); and
    (ii) Receipts of milk from handlers described in Sec. 1000.9(c);
    (2) Product pounds and pounds of butterfat contained in:
    (i) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (ii) Receipts of other source milk; and
    (iii) Inventories at the beginning and end of the month of fluid 
milk products and bulk fluid cream products;
    (3) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph; and
    (4) Such other information with respect to the receipts and 
utilization of skim milk, butterfat, milk protein, other nonfat solids, 
and somatic cell information, as the market administrator may prescribe.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for reports required by paragraph (a) of this section. Receipts of milk 
that would have been producer milk if the plant had been fully regulated 
shall be reported in lieu of producer milk. The report shall show also 
the quantity of any reconstituted skim milk in route disposition in the 
marketing area.
    (c) Each handler described in Sec. 1000.9(c) shall report:
    (1) The product pounds, pounds of butterfat, pounds of protein, 
pounds of solids-not-fat other than protein (other solids), and the 
value of the somatic cell adjustment pursuant to Sec. 1000.50(p), 
contained in receipts of milk from producers; and
    (2) The utilization or disposition of such receipts.
    (d) Each handler not specified in paragraphs (a) through (c) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1126.31  Payroll reports.

    (a) On or before the 20th day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1126.7 and each 
handler described in Sec. 1000.9(c) shall report to the market 
administrator its producer payroll for the month, in the detail 
prescribed by the market administrator, showing for each producer the 
information specified in Sec. 1126.73(e).
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in

[[Page 199]]

the same manner as prescribed for reports required by paragraph (a) of 
this section.



Sec. 1126.32  Other reports.

    In addition to the reports required pursuant to Secs. 1126.30 and 
1126.31, each handler shall report any information the market 
administrator deems necessary to verify or establish each handler's 
obligation under the order.

                         Classification of Milk



Sec. 1126.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1126.41  [Reserved]



Sec. 1126.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1126.43  General classification rules.

    See Sec. 1000.43.



Sec. 1126.44  Classification of producer milk.

    See Sec. 1000.44.



Sec. 1126.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

                              Class Prices



Sec. 1126.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1126.51  Class I differential and price.

    The Class I differential shall be the differential established for 
Dallas County, Texas, which is reported in Sec. 1000.52. The Class I 
price shall be the price computed pursuant to Sec. 1000.50(a) for Dallas 
County, Texas.



Sec. 1126.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1126.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.



Sec. 1126.54  Equivalent price.

    See Sec. 1000.54.

                       Producer Price Differential



Sec. 1126.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants and of each handler described in Sec. 1000.9(c) with respect to 
milk that was not received at a pool plant by adding the amounts 
computed in paragraphs (a) through (i) of this section and subtracting 
from that total amount the value computed in paragraph (j) of this 
section. Unless otherwise specified, the skim milk, butterfat, and the 
combined pounds of skim milk and butterfat referred to in this section 
shall result from the steps set forth in Sec. 1000.44(a), (b), and (c), 
respectively, and the nonfat components of producer milk in each class 
shall be based upon the proportion of such components in producer skim 
milk. Receipts of nonfluid milk products that are distributed as labeled 
reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76(a)(4) or (d) 
shall be excluded from pricing under this section.
    (a) Class I value.
    (1) Multiply the pounds of skim milk in Class I by the Class I skim 
milk price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class I by the Class I butterfat price.
    (b) Class II value.
    (1) Multiply the pounds of nonfat solids in Class II skim milk by 
the Class II nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class II times the Class II butterfat price.
    (c) Class III value.
    (1) Multiply the pounds of protein in Class III skim milk by the 
protein price;
    (2) Add an amount obtained by multiplying the pounds of other solids 
in Class III skim milk by the other solids price; and
    (3) Add an amount obtained by multiplying the pounds of butterfat in 
Class III by the Class III butterfat price.
    (d) Class IV value.

[[Page 200]]

    (1) Multiply the pounds of nonfat solids in Class IV skim milk by 
the nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class IV by the Class IV butterfat price.
    (e) Compute an adjustment for the somatic cell content of producer 
milk by multiplying the values reported pursuant to Sec. 1126.30(a)(1) 
and (c)(1) by the percentage of total producer milk allocated to Class 
II, Class III, and Class IV pursuant to Sec. 1000.44(c);
    (f) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) and the corresponding step 
of Sec. 1000.44(b) by the skim milk prices and butterfat prices 
applicable to each class.
    (g) Multiply the difference between the current month's Class I, II, 
or III price, as the case may be, and the Class IV price for the 
preceding month by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (h) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat 
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from plants regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants.
    (i) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in receipts of concentrated fluid milk products assigned to 
Class I pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an equivalent amount of skim milk or butterfat 
disposed of to such plant by handlers fully regulated under any Federal 
milk order is classified and priced as Class I milk and is not used as 
an offset for any other payment obligation under any order.
    (j) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).

[64 FR 478004, Sept. 1, 1999, as amended at 65 FR 82840, Dec. 28, 2000]



Sec. 1126.61  Computation of producer butterfat price and producer price differential.

    For each month, the market administrator shall compute a producer 
butterfat price per pound of butterfat and a producer price differential 
per hundredweight. The report of any handler who has not made payments 
required pursuant to Sec. 1126.71 for the preceding month shall not be 
included in these computations, and such handler's report shall not be 
included in the computation for succeeding months until the handler has 
made full payment of outstanding monthly obligations. Subject to the 
aforementioned conditions, the market administrator shall compute the 
producer butterfat price and the producer price differential in the 
following manner:
    (a) Producer butterfat price. The producer butterfat price per 
pound, rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1126.60(i) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and

[[Page 201]]

    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Producer price differential. (1) Combine into one total the 
values computed pursuant to Sec. 1126.60 for all handlers required to 
file reports prescribed in Sec. 1126.30;
    (2) Subtract the total of the values obtained:
    (i) By multiplying the total pounds of protein, other solids, and 
butterfat contained in each handler's producer milk for which an 
obligation was computed pursuant to Sec. 1126.60(a) through (h) and 
Sec. 1126.60(j) by the protein price, other solids price, and producer 
butterfat price, respectively, and the total value of the somatic cell 
adjustment pursuant to Sec. 1126.30(a)(1) and (c)(1);
    (ii) By multiplying each handler's pounds of skim milk and butterfat 
for which a value is computed pursuant to Sec. 1126.60(i) by the Class 
III skim milk price and the producer butterfat price, respectively;
    (3) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1126.75;
    (4) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total hundredweight of producer milk; and
    (ii) The total hundredweight for which a value is computed pursuant 
to Sec. 1126.60(i); and
    (6) Subtract not less than 4 cents nor more than 5 cents from the 
price computed pursuant to paragraph (b)(5) of this section. The result 
shall be known as the producer price differential for the month.

[65 FR 82840, Dec. 28, 2000]



Sec. 1126.62  Announcement of producer prices.

    On or before the 13th day after the end of each month, the market 
administrator shall announce the following prices and information:
    (a) The producer price differential;
    (b) The protein price;
    (c) The nonfat solids price;
    (d) The other solids price;
    (e) The producer butterfat price;
    (f) The somatic cell adjustment rate;
    (g) The average butterfat, protein, nonfat solids, and other solids 
content of producer milk; and
    (h) The statistical uniform price computed by adding the following 
values:
    (1) The Class III skim milk price computed in Sec. 1000.50(i) 
multiplied by .965;
    (2) The producer butterfat price computed in Sec. 1126.61(a) 
multiplied by 3.5; and
    (3) The producer price differential computed in Sec. 1126.61(b).

[64 FR 478004, Sept. 1, 1999, as amended at 65 FR 82841, Dec. 28, 2000]

                            Payments for Milk



Sec. 1126.70  Producer-settlement fund.

    See Sec. 1000.70.



Sec. 1126.71  Payments to the producer-settlement fund.

    Each handler shall make payment to the producer-settlement fund in a 
manner that provides receipt of the funds by the market administrator no 
later than the 16th day after the end of the month (except as provided 
in Sec. 1000.90). Payment shall be the amount, if any, by which the 
amount specified in paragraph (a) of this section exceeds the amount 
specified in paragraph (b) of this section:
    (a) The total value of milk to the handler for the month as 
determined pursuant to Sec. 1126.60.
    (b) The sum of:
    (1) An amount obtained by multiplying the total hundredweight of 
producer milk as determined pursuant to Sec. 1000.44(c) by the producer 
price differential as adjusted pursuant to Sec. 1126.75;
    (2) An amount obtained by multiplying the total pounds of protein, 
other solids, and butterfat contained in producer milk by the protein, 
other solids, and producer butterfat prices respectively;
    (3) The total value of the somatic cell adjustment to producer milk; 
and

[[Page 202]]

    (4) An amount obtained by multiplying the hundredweight, the pounds 
of skim milk, and the pounds of butterfat for which a value was computed 
pursuant to Sec. 1126.60(i) by the producer price differential, the 
Class III skim milk price, and the producer butterfat price, 
respectively, as adjusted pursuant to Sec. 1126.75 applicable at the 
location of the plant from which received.

[64 FR 48004, Sept. 1, 1999, as amended at 65 FR 82841, Dec. 28, 2000]



Sec. 1126.72  Payments from the producer-settlement fund.

    No later than the 17th day after the end of each month (except as 
provided in Sec. 1000.90), the market administrator shall pay to each 
handler the amount, if any, by which the amount computed pursuant to 
Sec. 1126.71(b) exceeds the amount computed pursuant to Sec. 1126.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1126.73  Payments to producers and to cooperative associations.

    (a) Each handler shall pay each producer for producer milk for which 
payment is not made to a cooperative association pursuant to paragraph 
(b) of this section, as follows:
    (1) Partial payment. For each producer who has not discontinued 
shipments as of the 23rd day of the month, payment shall be made so that 
it is received by the producer on or before the 26th day of the month 
(except as provided in Sec. 1000.90) for milk received during the first 
15 days of the month at not less than the lowest announced class price 
for the preceding month, less proper deductions authorized in writing by 
the producer.
    (2) Final payment. For milk received during the month, payment shall 
be made so that it is received by each producer no later than the 18th 
day after the end of the month (except as provided in Sec. 1000.90) in 
an amount computed as follows:
    (i) Multiply the hundredweight of producer milk received times the 
producer price differential for the month as adjusted pursuant to 
Sec. 1126.75;
    (ii) Multiply the pounds of butterfat received times the producer 
butterfat price for the month;
    (iii) Multiply the pounds of protein received times the protein 
price for the month;
    (iv) Multiply the pounds of other solids received times the other 
solids price for the month;
    (v) Multiply the hundredweight of milk received times the somatic 
cell adjustment for the month;
    (vi) Add the amounts computed in paragraphs (a)(2)(i) through (v) of 
this section, and from that sum:
    (A) Subtract the partial payment made pursuant to paragraph (a)(1) 
of this section;
    (B) Subtract the deduction for marketing services pursuant to 
Sec. 1000.86;
    (C) Add or subtract for errors made in previous payments to the 
producer subject to approval by the market administrator; and
    (D) Subtract proper deductions authorized in writing by the 
producer.
    (b) On or before the day prior to the dates specified for partial 
and final payments pursuant to paragraph (a) of this section (except as 
provided in Sec. 1000.90), each handler shall pay a cooperative 
association for milk received as follows:
    (1) Partial payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk (including the 
milk of producers who are not members of such association and who the 
market administrator determines have authorized the cooperative 
association to collect payment for their milk) received during the first 
15 days of the month from a cooperative association in any capacity, 
except as the operator of a pool plant, the payment shall be equal to 
the hundredweight of milk received multiplied by the lowest announced 
class price for the preceding month.
    (2) Partial payment to a cooperative association for milk 
transferred from its pool plant. For bulk milk/skimmed milk products 
received during the first 15 days of the month from a cooperative

[[Page 203]]

association in its capacity as the operator of a pool plant, the partial 
payment shall be at the pool plant operator's estimated use value of the 
milk using the most recent class prices available at the receiving 
plant's location.
    (3) Final payment to a cooperative association for milk transferred 
from its pool plant. Following the classification of bulk fluid milk 
products and bulk fluid cream products received during the month from a 
cooperative association in its capacity as the operator of a pool plant, 
the final payment for such receipts shall be determined as follows:
    (i) The hundredweight of Class I skim milk times the Class I skim 
milk price for the month plus the pounds of Class I butterfat times the 
Class I butterfat price for the month. The Class I prices to be used 
shall be the prices effective at the location of the receiving plant;
    (ii) The pounds of nonfat solids in Class II skim milk by the Class 
II nonfat solids price;
    (iii) The pounds of butterfat in Class II times the Class II 
butterfat price;
    (iv) The pounds of nonfat solids in Class IV times the nonfat solids 
price;
    (v) The pounds of butterfat in Class III and Class IV milk by the 
respective butterfat prices for the month;
    (vi) The pounds of protein in Class III milk times the protein 
price;
    (vii) The pounds of other solids in Class III milk times the other 
solids price;
    (viii) The hundredweight of Class II, Class III, and Class IV milk 
times the somatic cell adjustment; and
    (ix) Add together the amounts computed in paragraphs (b)(3)(i) 
through (viii) of this section and from that sum deduct any payments 
made pursuant to paragraph (b)(2) of this section.
    (4) Final payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk received from a 
cooperative association during the month, including the milk of 
producers who are not members of such association and who the market 
administrator determines have authorized the cooperative association to 
collect payment for their milk, the final payment for such milk shall be 
an amount equal to the sum of the individual payments otherwise payable 
for such milk pursuant to paragraph (a)(2) of this section.
    (c) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1126.72 by the payment date specified in 
paragraph (a) or (b) of this section, the handler may reduce pro rata 
its payments to producers or to cooperative associations pursuant to 
paragraphs (a) and (b) of this section, but by not more than the amount 
of the underpayment. The payments shall be completed on the next 
scheduled payment date after receipt of the balance due from the market 
administrator.
    (d) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or cannot be located, or 
because the cooperative association or its lawful successor or assignee 
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates 
and pays the producer or a lawful claimant, or in the event that the 
handler no longer exists and a lawful claim is later established, the 
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant as the case may 
be.
    (e) In making payments to producers pursuant to this section, each 
pool plant operator shall furnish each producer, except a producer whose 
milk was received from a cooperative association handler described in 
Sec. 1000.9(a) or (c), a supporting statement in a form that may be 
retained by the recipient which shall show:
    (1) The name, address, Grade A identifier assigned by a duly 
constituted regulatory agency, and the payroll number of the producer;
    (2) The month and dates that milk was received from the producer, 
including the daily and total pounds of milk received;
    (3) The total pounds of butterfat, protein, and other solids 
contained in the producer's milk;
    (4) The somatic cell count of the producer's milk;
    (5) The minimum rate or rates at which payment to the producer is 
required pursuant to the order in this part;

[[Page 204]]

    (6) The rate used in making payment if the rate is other than the 
applicable minimum rate;
    (7) The amount, or rate per hundredweight, or rate per pound of 
component, and the nature of each deduction claimed by the handler; and
    (8) The net amount of payment to the producer or cooperative 
association.

[64 FR 48004, Sept. 1, 1999, as amended at 65 FR 32010, May 22, 2000; 65 
FR 82841, Dec. 28, 2000]



Sec. 1126.74  [Reserved]



Sec. 1126.75  Plant location adjustments for producer milk and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1126.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the payments required pursuant to Secs. 1126.73 and 
1000.76.



Sec. 1126.76  Payments by a handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1126.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1126.78  Charges on overdue accounts.

    See Sec. 1000.78.

        Administrative Assessment and Marketing Service Deduction



Sec. 1126.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1126.86  Deduction for marketing services.

    See Sec. 1000.86.



PART 1131--MILK IN ARIZONA-LAS VEGAS MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1131.1 General provisions.

                               Definitions

1131.2 Arizona-Las Vegas marketing area.
1131.3 Route disposition.
1131.4 Plant.
1131.5 Distributing plant.
1131.6 Supply plant.
1131.7 Pool plant.
1131.8 Nonpool plant.
1131.9 Handler.
1131.10 Producer-handler.
1131.11 [Reserved]
1131.12 Producer.
1131.13 Producer milk.
1131.14 Other source milk.
1131.15 Fluid milk product.
1131.16 Fluid cream product.
1131.17 [Reserved]
1131.18 Cooperative association.
1131.19 Commercial food processing establishment.

                             Handler Reports

1131.30 Reports of receipts and utilization.
1131.31 Payroll reports.
1131.32 Other reports.

                         Classification of Milk

1131.40 Classes of utilization.
1131.41 [Reserved]
1131.42 Classification of transfers and diversions.
1131.43 General classification rules.
1131.44 Classification of producer milk.
1131.45 Market administrator's reports and announcements concerning 
          classification.

                              Class Prices

1131.50 Class prices, component prices, and advanced pricing factors.
1131.51 Class I differential and price.
1131.52 Adjusted Class I differentials.
1131.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1131.54 Equivalent price.

                             Uniform Prices

1131.60 Handler's value of milk.
1131.61 Computation of uniform prices.
1131.62 Announcement of uniform prices.

                            Payments for Milk

1131.70 Producer-settlement fund.
1131.71 Payments to the producer-settlement fund.
1131.72 Payments from the producer-settlement fund.
1131.73 Payments to producers and to cooperative associations.
1131.74 [Reserved]
1131.75 Plant location adjustments for producers and nonpool milk.
1131.76 Payments by a handler operating a partially regulated 
          distributing plant.

[[Page 205]]

1131.77 Adjustment of accounts.
1131.78 Charges on overdue accounts.

        Administrative Assessment and Marketing Service Deduction

1131.85 Assessment for order administration.
1131.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 48010, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1131.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1131. In this part 1131, all references to sections 
in part 1000 refer to part 1000 of this chapter.

                               Definitions



Sec. 1131.2  Arizona-Las Vegas marketing area.

    The marketing area means all territory within the bounds of the 
following states and political subdivisions, including all piers, docks 
and wharves connected therewith and all craft moored thereat, and all 
territory occupied by government (municipal, State or Federal) 
reservations, installations, institutions, or other similar 
establishments if any part thereof is within any of the listed states or 
political subdivisions:

                                 Arizona

    All of the State of Arizona.

                             Nevada Counties

    Clark.



Sec. 1131.3  Route disposition.

    See Sec. 1000.3.



Sec. 1131.4  Plant.

    See Sec. 1000.4.



Sec. 1131.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1131.6  Supply plant.

    See Sec. 1000.6.



Sec. 1131.7  Pool plant.

    Pool Plant means a plant or unit of plants specified in paragraphs 
(a) through (e) of this section, but excluding a plant specified in 
paragraph (g) of this section. The pooling standards described in 
paragraphs (c) and (d) of this section are subject to modification 
pursuant to paragraph (f) of this section.
    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this Sec. --------. 7(b) of any other 
Federal milk order, from which during the month 25 percent or more of 
the total quantity of fluid milk products physically received at the 
plant (excluding concentrated milk received from another plant by 
agreement for other than Class I use) are disposed of as route 
disposition or are transferred in the form of packaged fluid milk 
products to other distributing plants. At least 25 percent of such route 
disposition and transfers must be to outlets in the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 25 percent of the total quantity of 
fluid milk products physically received at the plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) into ultra-pasteurized or aseptically-processed fluid 
milk products.
    (c) A supply plant from which 50 percent or more of the total 
quantity of milk that is physically received at such plant from dairy 
farmers and handlers described in Sec. 1000.9(c), including milk that is 
diverted as producer milk to other plants, is transferred to pool 
distributing plants. Concentrated milk transferred from the supply plant 
to a distributing plant for an agreed-upon use other than Class I shall 
be excluded from the supply plant's shipments in computing the plant's 
shipping percentage.
    (d) A plant located within the marketing area and operated by a 
cooperative association if, during the month, or the immediately 
preceding 12-month period ending with the current month, 35 percent or 
more of the producer milk of members of the association (and any 
producer milk of nonmembers and

[[Page 206]]

members of another cooperative association which may be marketed by the 
cooperative association) is physically received in the form of bulk 
fluid milk products (excluding concentrated milk transferred to a 
distributing plant for an agreed-upon use other than Class I) at plants 
specified in paragraph (a) or (b) of this section either directly from 
farms or by transfer from supply plants operated by the cooperative 
association and from plants of the cooperative association for which 
pool plant status has been requested under this paragraph subject to the 
following conditions:
    (1) The plant does not qualify as a pool plant under paragraph (a), 
(b) or (c) of this section or under comparable provisions of another 
Federal order; and
    (2) The plant is approved by a duly constituted regulatory agency 
for the handling of milk approved for fluid consumption in the marketing 
area.
    (e) Two or more plants operated by the same handler and located in 
the marketing area may qualify for pool plant status as a unit by 
together meeting the requirements specified in paragraph (a) of this 
section and subject to all of the following additional requirements:
    (1) At least one of the plants in the unit must qualify as a pool 
plant pursuant to paragraph (a) of this section;
    (2) Other plants in the unit must process Class I or Class II 
products, using 50 percent or more of the total Grade A fluid milk 
products received in bulk form at such plant or diverted therefrom by 
the plant operator in Class I or Class II products, and must be located 
in a pricing zone providing the same or lower Class I price than the 
price applicable at the distributing plant included in the unit pursuant 
to paragraph (e)(1) of this section; and
    (3) A written request to form a unit must be filed by the handler 
with the market administrator prior to the first day of the month for 
which such status is desired to be effective. The unit shall continue 
from month to month thereafter without further notification. The handler 
shall notify the market administrator in writing prior to the first day 
of any month for which termination or any change of the unit is desired.
    (f) The applicable shipping percentages of paragraphs (c) and (d) of 
this section may be increased or decreased by the market administrator 
if the market administrator finds that such adjustment is necessary to 
encourage needed shipments or to prevent uneconomic shipments. Before 
making such a finding, the market administrator shall investigate the 
need for adjustment either on the market administrator's own initiative 
or at the request of interested parties if the request is made in 
writing at least 15 days prior to the month for which the requested 
revision is desired effective. If the investigation shows that an 
adjustment of the shipping percentages might be appropriate, the market 
administrator shall issue a notice stating that an adjustment is being 
considered and invite data, views and arguments. Any decision to revise 
an applicable shipping percentage must be issued in writing at least one 
day before the effective date.
    (g) The term pool plant shall not apply to the following plants:
    (1) A producer-handler as defined under any Federal order;
    (2) An exempt plant as defined in Sec. 1000.8(e);
    (3) A plant located within the marketing area and qualified pursuant 
to paragraph (a) of this section which meets the pooling requirements of 
another Federal order, and from which more than 50 percent of its route 
disposition has been in the other Federal order marketing area for 3 
consecutive months;
    (4) A plant located outside any Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of another Federal order and has had greater route 
disposition in such other Federal order's marketing area for 3 
consecutive months;
    (5) A plant located in another Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of such other Federal order and does not have a 
majority of its route distribution in this marketing area for 3 
consecutive months or if the plant is required to be regulated under 
such

[[Page 207]]

other Federal order without regard to its route disposition in any other 
Federal order marketing area;
    (6) A plant qualified pursuant to paragraph (c) of this section 
which also meets the pooling requirements of another Federal order and 
from which greater qualifying shipments are made to plants regulated 
under the other Federal order than are made to plants regulated under 
the order in this part, or the plant has automatic pooling status under 
the other Federal order; and
    (7) That portion of a regulated plant designated as a nonpool plant 
that is physically separate and operated separately from the pool 
portion of such plant. The designation of a portion of a regulated plant 
as a nonpool plant must be requested in advance and in writing by the 
handler and must be approved by the market administrator.

[64 FR 48010, Sept. 1, 1999]



Sec. 1131.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1131.9  Handler.

    See Sec. 1000.9.



Sec. 1131.10  Producer-handler.

    Producer-handler means a person who:
    (a) Operates a dairy farm and a distributing plant from which there 
is route disposition in the marketing area during the month;
    (b) Receives fluid milk products from own farm production or milk 
that is fully subject to the pricing and pooling provisions of the order 
in this part or another Federal order;
    (c) Receives at its plant or acquires for route disposition no more 
than 150,000 pounds of fluid milk products from handlers fully regulated 
under any Federal order. This limitation shall not apply if the 
producer-handler's own farm production is less than 150,000 pounds 
during the month;
    (d) Disposes of no other source milk as Class I milk except by 
increasing the nonfat milk solids content of the fluid milk products;
    (e) Does not distribute fluid milk products to a wholesale customer 
who also is serviced by a plant described in Sec. 1131.7(a), (b), or 
(e), or a handler described in Sec. 1000.8(c) that supplied the same 
product in the same-sized package with a similar label to the wholesale 
customer during the month; and
    (f) Provides proof satisfactory to the market administrator that the 
care and management of the dairy animals and other resources necessary 
to produce all Class I milk handled (excluding receipts from handlers 
fully regulated under any Federal order) and the operation of the 
distributing plant are the personal enterprise of, and at the personal 
risk of, such person in his/her capacity as a producer-handler.



Sec. 1131.11  [Reserved]



Sec. 1131.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
(or components of milk) is:
    (1) Received at a pool plant directly from the producer or diverted 
by the plant operator in accordance with Sec. 1131.13; or
    (2) Received by a handler described in Sec. 1000.9(c).
    (b) Producer shall not include:
    (1) A producer-handler as defined in any Federal order;
    (2) A dairy farmer whose milk is received at an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1131.13(d);
    (3) A dairy farmer whose milk is received by diversion at a pool 
plant from a handler regulated under another Federal order if the other 
Federal order designates the dairy farmer as a producer under that order 
and that milk is allocated by request to a utilization other than Class 
I;
    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another Federal order with respect to that portion 
of the milk so diverted that is assigned to Class I under the provisions 
of such other order; and
    (5) A dairy farmer whose milk is received at a pool plant if during 
the month milk from the same farm is received at a nonpool plant (except 
a nonpool plant that has no utilization of milk products in any class 
other than

[[Page 208]]

Class III or Class IV) other than as producer milk under the order in 
this part or some other Federal order. Such a dairy farmer shall be 
known as a dairy farmer for other markets.



Sec. 1131.13  Producer milk.

    Producer milk means the skim milk (or the skim equivalent of 
components of skim milk) and butterfat in milk of a producer that is:
    (a) Received by the operator of a pool plant directly from a 
producer or a handler described in Sec. 1000.9(c). All milk received 
pursuant to this paragraph shall be priced at the location of the plant 
where it is first physically received;
    (b) Received by a handler described in Sec. 1000.9(c) in excess of 
the quantity delivered to pool plants;
    (c) Diverted by a pool plant operator to another pool plant. Milk so 
diverted shall be priced at the location of the plant to which diverted; 
or
    (d) Diverted by the operator of a pool plant or a cooperative 
association described in Sec. 1000.9(c) to a nonpool plant, subject to 
the following conditions:
    (1) Milk of a dairy farmer shall not be eligible for diversion 
unless at least one day's production of such dairy farmer is physically 
received at a pool plant during the month;
    (2) The total quantity of milk diverted by a handler in any month 
shall not exceed 50 percent of the total producer milk caused by the 
handler to be received at pool plants and diverted;
    (3) Diverted milk shall be priced at the location of the plant to 
which diverted;
    (4) Any milk diverted in excess of the limits prescribed in 
paragraph (d)(2) of this section shall not be producer milk. If the 
diverting handler or cooperative association fails to designate the 
dairy farmers' deliveries that are not to be producer milk, no milk 
diverted by the handler or cooperative association during the month to a 
nonpool plant shall be producer milk. In the event some of the milk of 
any producer is determined not to be producer milk pursuant to this 
paragraph, other milk delivered by such producer as producer milk during 
the month will not be subject to Sec. 1131.12(b)(5); and
    (5) The delivery day requirement in paragraph (d)(1) of this section 
and diversion percentage in paragraph (d)(2) of this section may be 
increased or decreased by the market administrator if the market 
administrator finds that such revision is necessary to assure orderly 
marketing and efficient handling of milk in the marketing area. Before 
making such a finding, the market administrator shall investigate the 
need for the revision either on the market administrator's own 
initiative or at the request of interested persons if the request is 
made in writing at least 15 days prior to the month for which the 
requested revision is desired effective. If the investigation shows that 
a revision might be appropriate, the market administrator shall issue a 
notice stating that the revision is being considered and inviting 
written data, views, and arguments. Any decision to revise the delivery 
day requirement or the diversion percentage must be issued in writing at 
least one day before the effective date.



Sec. 1131.14  Other source milk.

    See Sec. 1000.14.



Sec. 1131.15  Fluid milk product.

    See Sec. 1000.15.



Sec. 1131.16  Fluid cream product.

    See Sec. 1000.16.



Sec. 1131.17  [Reserved]



Sec. 1131.18  Cooperative association.

    See Sec. 1000.18.



Sec. 1131.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1131.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator's 
office receives the report on or before the 7th day after the end of the 
month, in the detail and on the forms prescribed by the market 
administrator, as follows:
    (a) With respect to each of its pool plants, the quantities of skim 
milk and

[[Page 209]]

butterfat contained in or represented by:
    (1) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c);
    (2) Receipts of milk from handlers described in Sec. 1000.9(c);
    (3) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (4) Receipts of other source milk;
    (5) Inventories at the beginning and end of the month of fluid milk 
products and bulk fluid cream products; and
    (6) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for reports required by paragraph (a) of this section. Receipts of milk 
that would have been producer milk if the plant had been fully regulated 
shall be reported in lieu of producer milk. Such report shall show also 
the quantity of any reconstituted skim milk in route disposition in the 
marketing area.
    (c) Each handler described in Sec. 1000.9(c) shall report:
    (1) The quantities of all skim milk and butterfat contained in 
receipts of milk from producers; and
    (2) The utilization or disposition of all such receipts.
    (d) Each handler described in Sec. 1131.10 shall report:
    (1) The pounds of milk received from each of the handler's own-farm 
production units, showing separately the production of each farm unit 
and the number of dairy cows in production at each farm unit;
    (2) Fluid milk products and bulk fluid cream products received at 
its plant or acquired for route disposition from pool plants, other 
order plants, and handlers described in Sec. 1000.9(c);
    (3) Receipts of other source milk not reported pursuant to paragraph 
(d)(2) of this section;
    (4) Inventories at the beginning and end of the month of fluid milk 
products and fluid cream products; and
    (5) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph.
    (e) Each handler not specified in paragraphs (a) through (d) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1131.31  Payroll reports.

    (a) On or before the 20th day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1131.7 and each 
handler described in Sec. 1000.9(c) shall report to the market 
administrator its producer payroll for such month, in the detail 
prescribed by the market administrator, showing for each producer:
    (1) The month;
    (2) The producer's name and address;
    (3) The daily and total pounds of milk received from the producer;
    (4) The total butterfat content of such milk; and
    (5) The price per hundredweight, the gross amount due, the amount 
and nature of any deductions, and the net amount paid.
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in the same manner as prescribed for reports required by 
paragraph (a) of this section.



Sec. 1131.32  Other reports.

    In addition to the reports required pursuant to Sec. 1131.30 and 
Sec. 1131.31, each handler shall report any information the market 
administrator deems necessary to verify or establish each handler's 
obligation under the order.

                         Classification of Milk



Sec. 1131.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1131.41  [Reserved]



Sec. 1131.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1131.43  General classification rules.

    See Sec. 1000.43.

[[Page 210]]



Sec. 1131.44  Classification of producer milk.

    See Sec. 1000.44.



Sec. 1131.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

                              Class Prices



Sec. 1131.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1131.51  Class I differential and price.

    The Class I differential shall be the differential established for 
Maricopa County, Arizona, which is reported in Sec. 1000.52. The Class I 
price shall be the price computed pursuant to Sec. 1000.50(a) for 
Maricopa County, Arizona.



Sec. 1131.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1131.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.



Sec. 1131.54  Equivalent price.

    See Sec. 1000.54.

                             Uniform Prices



Sec. 1131.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants and of each handler described in Sec. 1000.9(c) with respect to 
milk that was not received at a pool plant by adding the amounts 
computed in paragraphs (a) through (e) of this section and subtracting 
from that total amount the value computed in paragraph (f) of this 
section. Receipts of nonfluid milk products that are distributed as 
labeled reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76(a)(4) or (d) 
shall be excluded from pricing under this section.
    (a) Multiply the pounds of skim milk and butterfat in producer milk 
that were classified in each class pursuant to Sec. 1000.44(c) by the 
applicable skim milk and butterfat prices, and add the resulting 
amounts;
    (b) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) and the corresponding 
steps of Sec. 1000.44(b) by the respective skim milk and butterfat 
prices applicable at the location of the pool plant;
    (c) Multiply the difference between the current month's Class I, II, 
or III price, as the case may be, and the Class IV price for the 
preceding month by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (d) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat 
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from plants regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants;
    (e) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in receipts of concentrated fluid milk products assigned to 
Class I pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an equivalent amount of skim milk or butterfat 
disposed of to such plant by handlers fully regulated under any

[[Page 211]]

Federal milk order is classified and priced as Class I milk and is not 
used as an offset for any other payment obligation under any order.
    (f) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).

[64 FR 48010, Sept. 1, 1999, as amended at 65 FR 82841, Dec. 28, 2000]



Sec. 1131.61  Computation of uniform prices.

    On or before the 11th day of each month, the market administrator 
shall compute a uniform butterfat price, a uniform skim milk price, and 
a uniform price for producer milk receipts reported for the prior month. 
The report of any handler who has not made payments required pursuant to 
Sec. 1131.71 for the preceding month shall not be included in the 
computation of these prices, and such handler's report shall not be 
included in the computation for succeeding months until the handler has 
made full payment of outstanding monthly obligations.
    (a) Uniform butterfat price. The uniform butterfat price per pound, 
rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1131.60(e) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and
    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Uniform skim milk price. The uniform skim milk price per 
hundredweight, rounded to the nearest cent, shall be computed as 
follows:
    (1) Combine into one total the values computed pursuant to 
Sec. 1131.60 for all handlers;
    (2) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1131.75;
    (3) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;
    (4) Subtract the value of the total pounds of butterfat for all 
handlers. The butterfat value shall be computed by multiplying the sum 
of the pounds of butterfat in producer milk and other source milk used 
to calculate the values in paragraphs (a)(1) and (a)(2) of this section 
by the butterfat price computed in paragraph (a) of this section;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total skim pounds of producer milk; and
    (ii) The total skim pounds for which a value is computed pursuant to 
Sec. 1131.60(e); and
    (6) Subtract not less than 4 cents and not more than 5 cents.
    (c) Uniform price. The uniform price per hundredweight, rounded to 
the nearest cent, shall be the sum of the following:
    (1) Multiply the uniform butterfat price for the month pursuant to 
paragraph (a) of this section times 3.5 pounds of butterfat; and
    (2) Multiply the uniform skim milk price for the month pursuant to 
paragraph (b) of this section times .965.

[64 FR 48010, Sept. 1, 1999, as amended at 65 FR 82841, Dec. 28, 2000]



Sec. 1131.62  Announcement of uniform prices.

    On or before the 11th day after the end of the month, the market 
administrator shall announce the uniform prices for the month computed 
pursuant to Sec. 1131.61.

                            Payments for Milk



Sec. 1131.70  Producer-settlement fund.

    See Sec. 1000.70.

[[Page 212]]



Sec. 1131.71  Payments to the producer-settlement fund.

    Each handler shall make payment to the producer-settlement fund in a 
manner that provides receipt of the funds by the market administrator no 
later than the 13th day after the end of the month (except as provided 
in Sec. 1000.90). Payments due the market administrator shall be deemed 
not to have been made until the money owed has been received at the 
market administrator's office, or deposited into the market 
administrator's bank account. Payment shall be the amount, if any, by 
which the amount specified in paragraph (a) of this section exceeds the 
amount specified in paragraph (b) of this section:
    (a) The total value of milk to the handler for the month as 
determined pursuant to Sec. 1131.60.
    (b) The sum of:
    (1) The value at the uniform prices for skim milk and butterfat, 
adjusted for plant location, of the handler's receipts of producer milk; 
and
    (2) The value at the uniform price as adjusted pursuant to 
Sec. 1131.75 applicable at the location of the plant from which received 
of other source milk for which a value is computed pursuant to 
Sec. 1131.60(e).



Sec. 1131.72  Payments from the producer-settlement fund.

    No later than the 14th day after the end of each month (except as 
provided in Sec. 1000.90), the market administrator shall pay to each 
handler the amount, if any, by which the amount computed pursuant to 
Sec. 1131.71(b) exceeds the amount computed pursuant to Sec. 1131.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1131.73  Payments to producers and to cooperative associations.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
each handler shall make payment to each producer from whom milk is 
received during the month as follows:
    (1) Partial Payment. For each producer who has not discontinued 
shipments as of the 25th day of the month, payment shall be made so that 
it is received by the producer on or before the 27th day of each month 
(except as provided in Sec. 1000.90) for milk received from such 
producer during the first 15 days of the month at not less than 1.3 
times the lowest class price for the preceding month less proper 
deductions authorized in writing by the producer.
    (2) Final payment. For milk received during the month, a payment 
computed as follows shall be made so that it is received by each 
producer one day after the payment date required in Sec. 1131.72:
    (i) Multiply the hundredweight of producer skim milk received times 
the uniform skim milk price for the month;
    (ii) Multiply the pounds of producer butterfat received times the 
uniform butterfat price for the month;
    (iii) Multiply the hundredweight of producer milk received times the 
plant location adjustment pursuant to Sec. 1131.75; and
    (iv) Add the amounts computed in paragraph (a)(2)(i), (ii), and 
(iii) of this section, and from that sum:
    (A) Subtract the partial payment made pursuant to paragraph (a)(1) 
of this section;
    (B) Subtract the deduction for marketing services pursuant to 
Sec. 1000.86;
    (C) Add or subtract for errors made in previous payments to the 
producer, subject to approval by the market administrator; and
    (D) Subtract proper deductions authorized in writing by the 
producer.
    (b) Two days prior to the dates on which partial and final payments 
are due pursuant to paragraph (a) of this section, each handler shall 
pay a cooperative association for milk received as follows:
    (1) Partial payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk (including the 
milk of producers who are not members of such association and who the 
market administrator determines have authorized the cooperative 
association to collect payment for their milk) received during the first 
15 days of the month from a cooperative

[[Page 213]]

association in any capacity except as the operator of a pool plant, the 
payment shall be an amount not less than 1.3 times the lowest class 
price for the preceding month multiplied by the hundredweight of milk.
    (2) Partial payment to a cooperative association for milk 
transferred from its pool plant. For bulk fluid milk products and bulk 
fluid cream products received during the first 15 days of the month from 
a cooperative association in its capacity as the operator of a pool 
plant, the partial payment shall be at the pool plant operator's 
estimated use value of the milk using the most recent class prices 
available for skim milk and butterfat at the receiving plant's location.
    (3) Final payment to a cooperative association for milk transferred 
from its pool plant. For bulk fluid milk products and bulk fluid cream 
products received during the month from a cooperative association in its 
capacity as the operator of a pool plant, the final payment shall be the 
classified value of such milk as determined by multiplying the pounds of 
skim milk and butterfat assigned to each class pursuant to Sec. 1000.44 
by the class prices for the month at the receiving plant's location, and 
subtracting from this sum the partial payment made pursuant to paragraph 
(b)(2) of this section.
    (4) Final payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk received from a 
cooperative association during the month, including the milk of 
producers who are not members of such association and who the market 
administrator determines have authorized the cooperative association to 
collect payment for their milk, the final payment for such milk shall be 
an amount equal to the sum of the individual payments otherwise payable 
for such milk pursuant to paragraph (a)(2) of this section.
    (c) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1131.72 by the payment date specified in 
paragraph (a) or (b) of this section, the handler may reduce pro rata 
his payments pursuant to such paragraphs, but by not more than the 
amount of such underpayment. Payments to producers shall be completed on 
the next scheduled payment date after receipt of the balance due from 
the market administrator.
    (d) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or cannot be located, or 
because the cooperative association or its lawful successor or assignee 
is no longer in existence, the payment shall be made to the producer-
settlement fund. In the event the handler subsequently locates and pays 
the producer or a lawful claimant, or in the event that the handler no 
longer exists and a lawful claim is later established, the market 
administrator shall make the required payment from the producer-
settlement fund to the handler or the lawful claimant, as the case may 
be.
    (e) In making payments to producers pursuant to this section, each 
pool plant operator shall furnish each producer, except a producer whose 
milk was received from a cooperative association described in 
Sec. 1000.9(a) or (c), a supporting statement in such form that it may 
be retained by the recipient which shall show:
    (1) The month, and identity of the producer;
    (2) The daily and total pounds and the total pounds of butterfat 
content of producer milk;
    (3) The minimum rate at which payment to the producer is required 
pursuant to the order in this part;
    (4) The rate used in making payments if the rate is other than the 
applicable minimum rate;
    (5) The amount, rate per hundredweight, and nature of each deduction 
claimed by the handler; and
    (6) The net amount of payment to the producer or cooperative 
association.

[64 FR 48010, Sept. 1, 1999, as amended at 65 FR 32010, May 22, 2000]



Sec. 1131.74  [Reserved]



Sec. 1131.75  Plant location adjustments for producers and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1131.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the

[[Page 214]]

payments required pursuant to Secs. 1131.73 and 1000.76.



Sec. 1131.76  Payments by handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1131.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1131.78  Charges on overdue accounts.

    See Sec. 1000.78.

        Administrative Assessment and Marketing Service Deduction



Sec. 1131.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1131.86  Deduction for marketing services.

    See Sec. 1000.86.

                       PARTS 1132-1134 [RESERVED]



PART 1135--MILK IN THE WESTERN MARKETING AREA--Table of Contents




                   Subpart--Order Regulating Handling

                           General Provisions

Sec.
1135.1 General provisions.

                               Definitions

1135.2 Western marketing area.
1135.3 Route disposition.
1135.4 Plant.
1135.5 Distributing plant.
1135.6 Supply plant.
1135.7 Pool plant.
1135.8 Nonpool plant.
1135.9 Handler.
1135.10 Producer-handler.
1135.11 Proprietary bulk tank handler.
1135.12 Producer.
1135.13 Producer milk.
1135.14 Other source milk.
1135.15 Fluid milk product.
1135.16 Fluid cream product.
1135.17 [Reserved]
1135.18 Cooperative association.
1135.19 Commercial food processing establishment.

                             Handler Reports

1135.30 Reports of receipts and utilization.
1135.31 Payroll reports.
1135.32 Other reports.

                         Classification of Milk

1135.40 Classes of utilization.
1135.41 [Reserved]
1135.42 Classification of transfers and diversions.
1135.43 General classification rules.
1135.44 Classification of producer milk.
1135.45 Market administrator's reports and announcements concerning 
          classification.

                              Class Prices

1135.50 Class prices, component prices, and advanced pricing factors.
1135.51 Class I differential and price.
1135.52 Adjusted Class I differentials.
1135.53 Announcement of class prices, component prices, and advanced 
          pricing factors.
1135.54 Equivalent price.

                       Producer Price Differential

1135.60 Handler's value of milk.
1135.61 Computation of producer price differential.
1135.62 Announcement of producer prices.

                            Payments for Milk

1135.70 Producer-settlement fund.
1135.71 Payments to the producer-settlement fund.
1135.72 Payments from the producer-settlement fund.
1135.73 Payments to producers and to cooperative associations.
1135.74 [Reserved]
1135.75 Plant location adjustments for producer milk and nonpool milk.
1135.76 Payments by a handler operating a partially regulated 
          distributing plant.
1135.77 Adjustment of accounts.
1135.78 Charges on overdue accounts.

        Administrative Assessment and Marketing Service Deduction

1135.85 Assessment for order administration.
1135.86 Deduction for marketing services.

    Authority: 7 U.S.C. 601-674, and 7253.

    Source: 64 FR 48015, Sept. 1, 1999, unless otherwise noted.



                   Subpart--Order Regulating Handling

                           General Provisions



Sec. 1135.1  General provisions.

    The terms, definitions, and provisions in part 1000 of this chapter 
apply to this part 1135. In this part 1135, all references to sections 
in part 1000 refer to part 1000 of this chapter.

[[Page 215]]

                               Definitions



Sec. 1135.2  Western marketing area.

    The marketing area means all territory within the bounds of the 
following states and political subdivisions, including all piers, docks 
and wharves connected therewith and all craft moored thereat, and all 
territory occupied by government (municipal, State or Federal) 
reservations, installations, institutions, or other similar 
establishments if any part thereof is within any of the listed states or 
political subdivisions:

                             Idaho Counties

    Ada, Adams, Bannock, Bear Lake, Bingham, Blaine, Boise, Bonneville, 
Camas, Canyon, Caribou, Cassia, Elmore, Franklin, Gem, Gooding, 
Jefferson, Jerome, Lincoln, Madison, Minidoka, Oneida, Owyhee, Payette, 
Power, Twin Falls, Valley, and Washington.

                             Nevada Counties

    Elko, Lincoln, and White Pine.

                             Oregon Counties

    Baker, Grant, Harney, Malheur, and Union.

                                  Utah

    All of the state of Utah.

                            Wyoming Counties

    Lincoln and Uinta.



Sec. 1135.3  Route disposition.

    See Sec. 1000.3.



Sec. 1135.4  Plant.

    See Sec. 1000.4.



Sec. 1135.5  Distributing plant.

    See Sec. 1000.5.



Sec. 1135.6  Supply plant.

    See Sec. 1000.6.



Sec. 1135.7  Pool plant.

    Pool Plant means a plant or unit of plants specified in paragraphs 
(a) through (e) of this section, but excluding a plant specified in 
paragraph (g) of this section. The pooling standards described in 
paragraphs (c) and (d) of this section are subject to modification 
pursuant to paragraph (f) of this section.
    (a) A distributing plant, other than a plant qualified as a pool 
plant pursuant to paragraph (b) of this section or Sec. --------.7(b) of 
any other Federal milk order, from which during the month 25 percent or 
more of the total quantity of fluid milk products physically received at 
the plant (excluding concentrated milk received from another plant by 
agreement for other than Class I use) are disposed of as route 
disposition or are transferred in the form of packaged fluid milk 
products to other distributing plants. At least 25 percent of such route 
disposition and transfers must be to outlets in the marketing area.
    (b) Any distributing plant located in the marketing area which 
during the month processed at least 25 percent of the total quantity of 
fluid milk products physically received at the plant (excluding 
concentrated milk received from another plant by agreement for other 
than Class I use) into ultra-pasteurized or aseptically-processed fluid 
milk products.
    (c) A supply plant from which during the month the quantity of bulk 
fluid milk products transferred or diverted to plants described in 
paragraph (a) or (b) of this section is 35 percent or more of the total 
Grade A milk received at the plant from dairy farmers (except dairy 
farmers described in Sec. 1135.12(b)) and handlers described in 
Sec. 1000.9(c) and Sec. 1135.11, including milk diverted by the plant 
operator, subject to the following conditions:
    (1) A supply plant that has qualified as a pool plant during each of 
the immediately preceding months of September through February shall 
continue to so qualify in each of the following months of March through 
August unless the plant operator files a written request with the market 
administrator that such plant not be a pool plant, such nonpool status 
to be effective the first month following such request. A plant 
withdrawn from pool supply plant status may not be reinstated for any 
subsequent month of the March through July period unless it qualifies as 
a pool plant on the basis of milk shipments;
    (2) A pool plant operator may include as qualifying shipments milk 
diverted

[[Page 216]]

to pool distributing plants pursuant to Sec. 1135.13(c);
    (3) Concentrated milk transferred from the supply plant to a 
distributing plant for an agreed-upon use other than Class I shall be 
excluded from the supply plant's shipments in computing the plant's 
shipping percentage; and
    (4) No plant may qualify as a pool plant due to a reduction in the 
shipping percentage pursuant to paragraph (f) of this section unless it 
has been a pool supply plant during each of the immediately preceding 3 
months.
    (d) A milk manufacturing plant located within the marketing area 
that is operated by a cooperative association if, during the month or 
the immediately preceding 12-month period ending with the current month, 
35% or more of such cooperative's member producer milk (and any producer 
milk of nonmembers and members of another cooperative association which 
may be marketed by the cooperative association) is physically received 
in the form of bulk fluid milk products (excluding concentrated milk 
transferred to a distributing plant for an agreed-upon use other than 
Class I) at plants specified in paragraph (a) or (b) of this section 
either directly from farms or by transfer from supply plants operated by 
the cooperative association and from plants of the cooperative 
association for which pool plant status has been requested under this 
paragraph subject to the following conditions:
    (1) The plant does not qualify as a pool plant under paragraph (a), 
(b) or (c) of this section or under comparable provisions of another 
Federal order; and
    (2) The plant is approved by a duly constituted regulatory agency 
for the handling of milk approved for fluid consumption in the marketing 
area.
    (2) The plant is approved by a duly constituted regulatory agency 
for the handling of milk approved for fluid consumption in the marketing 
area.
    (e) Two or more plants located in the marketing area and operated by 
the same handler may qualify for pool plant status as a unit by together 
meeting the requirements specified in paragraph (a) of this section and 
subject to the following additional requirements:
    (1) At least one of the plants in the unit must individually qualify 
as a pool plant pursuant to paragraph (a) of this section;
    (2) Other plants in the unit must process Class I or Class II 
products, using 50 percent or more of the total Grade A fluid milk 
products received in bulk form at such plant or diverted therefrom by 
the plant operator in Class I or Class II products, and must be located 
in a pricing zone providing the same or a lower Class I price than the 
price applicable at the distributing plant included in the unit pursuant 
to paragraph (e)(1) of this section; and
    (3) A written request to form a unit must be filed by the handler 
with the market administrator prior to the first day of the month for 
which such status is to be effective. The unit shall continue from month 
to month thereafter without further notification. The handler shall 
notify the market administrator in writing prior to the first day of any 
month for which termination or any change of the unit is desired.
    (f) The applicable shipping percentages of paragraphs (c) and (d) of 
this section may be increased or decreased by the market administrator 
if the market administrator finds that such adjustment is necessary to 
encourage needed shipments or to prevent uneconomic shipments. Before 
making such a finding, the market administrator shall investigate the 
need for adjustment either on the market administrator's own initiative 
or at the request of interested parties if the request is made in 
writing at least 15 days prior to the month for which the requested 
revision is desired effective. If the investigation shows that an 
adjustment of the shipping percentages might be appropriate, the market 
administrator shall issue a notice stating that an adjustment is being 
considered and invite data, views and arguments. Any decision to revise 
an applicable shipping percentage must be issued in writing at least one 
day before the effective date.
    (g) The term pool plant shall not apply to the following plants:
    (1) A producer-handler as defined under any Federal order;

[[Page 217]]

    (2) An exempt plant as defined in 1000.8(e);
    (3) A plant located within the marketing area and qualified pursuant 
to paragraph (a) of this section which meets the pooling requirements of 
another Federal order, and from which more than 50 percent of its route 
disposition has been in the other Federal order marketing area for 3 
consecutive months;
    (4) A plant located outside any Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of another Federal order and has had greater route 
disposition in such other Federal order's marketing area for 3 
consecutive months;
    (5) A plant located in another Federal order marketing area and 
qualified pursuant to paragraph (a) of this section that meets the 
pooling requirements of such other Federal order and does not have a 
majority of its route distribution in this marketing area for 3 
consecutive months or if the plant is required to be regulated under 
such other Federal order without regard to its route disposition in any 
other Federal order marketing area;
    (6) A plant qualified pursuant to paragraph (c) of this section 
which also meets the pooling requirements of another Federal order and 
from which greater qualifying shipments are made to plants regulated 
under the other Federal order than are made to plants regulated under 
the order in this part, or the plant has automatic pooling status under 
the other Federal order; and
    (7) That portion of a regulated plant designated as a nonpool plant 
that is physically separate and operated separately from the pool 
portion of such plant. The designation of a portion of a regulated plant 
as a nonpool plant must be requested in advance and in writing by the 
handler and must be approved by the market administrator.



Sec. 1135.8  Nonpool plant.

    See Sec. 1000.8.



Sec. 1135.9  Handler.

    In addition to the handlers defined in Sec. 1000.9, handler shall 
include a person meeting the standards set forth in Sec. 1135.11.



Sec. 1135.10  Producer-handler.

    Producer-handler means a person who:
    (a) Operates a dairy farm and a distributing plant from which there 
is route disposition in the marketing area during the month;
    (b) Receives fluid milk products from own farm production or milk 
that is fully subject to the pricing and pooling provisions of the order 
in this part or another Federal order;
    (c) Receives at its plant or acquires for route disposition no more 
than 150,000 pounds of fluid milk products from handlers fully regulated 
under any Federal order. This limitation shall not apply if the 
producer-handler's own farm production is less than 150,000 pounds 
during the month;
    (d) Disposes of no other source milk as Class I milk except by 
increasing the nonfat milk solids content of the fluid milk products; 
and
    (e) Provides proof satisfactory to the market administrator that the 
care and management of the dairy animals and other resources necessary 
to produce all Class I milk handled (excluding receipts from handlers 
fully regulated under any Federal order) and the processing and 
packaging operations are the producer-handler's own enterprise and are 
operated at its own risk.



Sec. 1135.11  Proprietary bulk tank handler.

    Any person, except a cooperative association, with respect to milk 
that it receives for its account from the farm of a producer in a tank 
truck owned and operated by, or under the control of, such person and 
which is delivered during the month for the account of such person to 
the pool plant of another handler or diverted pursuant to Sec. 1135.13, 
subject to the following conditions:
    (a) Such person must operate a plant located in the marketing area 
at which milk is processed only into Class II, Class III, or Class IV 
products; and
    (b) Prior to operating as a handler pursuant to this paragraph, such 
person must submit to the marker administrator a statement signed by the 
applicant and the operator of the pool

[[Page 218]]

plant to which the milk will be delivered specifying that the applicant 
will be the responsible handler for the milk.



Sec. 1135.12  Producer.

    (a) Except as provided in paragraph (b) of this section, producer 
means any person who produces milk approved by a duly constituted 
regulatory agency for fluid consumption as Grade A milk and whose milk 
(or components of milk) is:
    (1) Received at a pool plant directly from the producer or diverted 
by the plant operator in accordance with Sec. 1135.13; or
    (2) Received by a handler described in Sec. 1000.9(c) or 
Sec. 1135.11.
    (b) Producer shall not include:
    (1) A producer-handler as defined in any Federal order;
    (2) A dairy farmer whose milk is delivered to an exempt plant, 
excluding producer milk diverted to the exempt plant pursuant to 
Sec. 1135.13(d);
    (3) A dairy farmer whose milk is diverted to a pool plant by a 
handler regulated under another Federal order if the other Federal order 
designates the dairy farmer as a producer under that order and that milk 
is allocated by request to a utilization other than Class I;
    (4) A dairy farmer whose milk is reported as diverted to a plant 
fully regulated under another Federal order with respect to that portion 
of the milk so diverted that is assigned to Class I under the provisions 
of such other order; and
    (5) A dairy farmer whose milk was received at a nonpool plant during 
the month from the same farm (except a nonpool plant that has no 
utilization of milk products in any Class other than Class III or Class 
IV) as other than producer milk under the order in this part or any 
other Federal order. Such a dairy farmer shall be known as a dairy 
farmer for other markets.



Sec. 1135.13  Producer milk.

    Producer milk means the skim milk (or the skim equivalent of 
components of skim milk), including nonfat components, and butterfat in 
milk of a producer that is:
    (a) Received by the operator of a pool plant directly from a 
producer, a handler described in Sec. 1000.9(c), or a handler described 
in Sec. 1135.11. All milk received pursuant to this paragraph shall be 
priced at the location of the plant where it is first physically 
received;
    (b) Received by a handler described in Sec. 1000.9(c) or in 
Sec. 1135.11 in excess of the quantity delivered to pool plants;
    (c) Diverted by a pool plant operator to another pool plant. Milk so 
diverted shall be priced at the location of the plant to which diverted; 
or
    (d) Diverted by the operator of a pool plant, a cooperative 
association described in Sec. 1000.9(c), or a proprietary bulk tank 
handler described in Sec. 1135.11, to a nonpool plant, subject to the 
following conditions:
    (1) Milk of a dairy farmer shall not be eligible for diversion 
unless at least one day's milk production of such dairy farmer has been 
physically received as producer milk at a pool plant and the dairy 
farmer has continuously retained producer status since that time. If a 
dairy farmer loses producer status under the order in this part (except 
as a result of a temporary loss of Grade A approval), the dairy farmer's 
milk shall not be eligible for diversion until one day's milk production 
has been physically received as producer milk at a pool plant;
    (2) Of the quantity of producer milk received during the month 
(including diversions) the handler diverts to nonpool plants not more 
than 90 percent;
    (3) Two or more handlers described in Sec. 1000.9(c) may have their 
allowable diversions computed on the basis of their combined deliveries 
of producer milk which they caused to be delivered to pool plants or 
diverted during the month if each has filed a request in writing with 
the market administrator before the first day of the month the agreement 
is to be effective. The request shall specify the basis for assigning 
overdiverted milk to the producer deliveries of each according to a 
method approved by the market administrator.
    (4) Diverted milk shall be priced at the location of the plant to 
which diverted;
    (5) Any milk diverted in excess of the limits prescribed in 
paragraph (d)(2) of this section shall not be producer milk.

[[Page 219]]

If the diverting handler, cooperative association, or proprietary bulk 
tank handler fails to designate the dairy farmers' deliveries that are 
not to be producer milk, no milk diverted by the handler, cooperative 
association, or proprietary bulk tank handler during the month to a 
nonpool plant shall be producer milk. In the event some of the milk of 
any producer is determined not to be producer milk pursuant to this 
paragraph, other milk delivered by such producer as producer milk during 
the month will not be subject to Sec. 1135.12(b)(5); and
    (6) The delivery day requirement in paragraph (d)(1) and the 
diversion percentage in paragraph (d)(2) of this section may be 
increased or decreased by the market administrator if the market 
administrator finds that such revision is necessary to assure orderly 
marketing and efficient handling of milk in the marketing area. Before 
making such a finding, the market administrator shall investigate the 
need for the revision either on the market administrator's own 
initiative or at the request of interested persons if the request is 
made in writing at least 15 days prior to the month for which the 
requested revision is desired effective. If the investigation shows that 
a revision might be appropriate, the market administrator shall issue a 
notice stating that the revision is being considered and inviting 
written data, views, and arguments. Any decision to revise the delivery 
day requirement or the diversion percentage must be issued in writing at 
least one day before the effective date.



Sec. 1135.14  Other source milk.

    See Sec. 1000.14.



Sec. 1135.15  Fluid milk product.

    See Sec. 1000.15.



Sec. 1135.16  Fluid cream product.

    See Sec. 1000.16.



Sec. 1135.17  [Reserved]



Sec. 1135.18  Cooperative association.

    See Sec. 1000.18.



Sec. 1135.19  Commercial food processing establishment.

    See Sec. 1000.19.

                             Handler Reports



Sec. 1135.30  Reports of receipts and utilization.

    Each handler shall report monthly so that the market administrator 
receives the report on or before the 7th day after the end of each 
month, in the detail and on the forms prescribed by the market 
administrator, as follows:
    (a) Each handler that operates a pool plant pursuant to Sec. 1135.7 
shall report for each of its operations the following information:
    (1) Product pounds, pounds of butterfat, pounds of protein, and 
pounds of solids-not-fat other than protein (other solids), contained in 
or represented by:
    (i) Receipts of producer milk, including producer milk diverted by 
the reporting handler, from sources other than handlers described in 
Sec. 1000.9(c) and Sec. 1135.11; and
    (ii) Receipts of milk from handlers described in Sec. 1000.9(c) and 
Sec. 1135.11;
    (2) Product pounds and pounds of butterfat contained in:
    (i) Receipts of fluid milk products and bulk fluid cream products 
from other pool plants;
    (ii) Receipts of other source milk; and
    (iii) Inventories at the beginning and end of the month of fluid 
milk products and bulk fluid cream products;
    (3) The utilization or disposition of all milk and milk products 
required to be reported pursuant to this paragraph; and
    (4) Such other information with respect to the receipts and 
utilization of skim milk, butterfat, milk protein, and other nonfat 
solids, as the market administrator may prescribe.
    (b) Each handler operating a partially regulated distributing plant 
shall report with respect to such plant in the same manner as prescribed 
for reports required by paragraph (a) of this section. Receipts of milk 
that would have been producer milk if the plant had been fully regulated 
shall be reported in lieu of producer milk. The report shall show also 
the quantity of

[[Page 220]]

any reconstituted skim milk in route disposition in the marketing area.
    (c) Each handler described in Secs. 1000.9(c) or 1135.11 shall 
report:
    (1) The product pounds, pounds of butterfat, pounds of protein, and 
the pounds of solids-not-fat other than protein (other solids) contained 
in receipts of milk from producers; and
    (2) The utilization or disposition of such receipts.
    (d) Each handler not specified in paragraphs (a) through (c) of this 
section shall report with respect to its receipts and utilization of 
milk and milk products in such manner as the market administrator may 
prescribe.



Sec. 1135.31  Payroll reports.

    (a) On or before the 21st day after the end of each month, each 
handler that operates a pool plant pursuant to Sec. 1135.7 and each 
handler described in Sec. 1000.9(c) and in Sec. 1135.11 shall report to 
the market administrator its producer payroll for the month, in the 
detail prescribed by the market administrator, showing for each producer 
the information described in Sec. 1135.73(e).
    (b) Each handler operating a partially regulated distributing plant 
who elects to make payment pursuant to Sec. 1000.76(b) shall report for 
each dairy farmer who would have been a producer if the plant had been 
fully regulated in the same manner as prescribed for reports required by 
paragraph (a) of this section.



Sec. 1135.32  Other reports.

    In addition to the reports required pursuant to Secs. 1135.30 and 
1135.31, each handler shall report any information the market 
administrator deems necessary to verify or establish each handler's 
obligation under the order.

                         Classification of Milk



Sec. 1135.40  Classes of utilization.

    See Sec. 1000.40.



Sec. 1135.41  [Reserved]



Sec. 1135.42  Classification of transfers and diversions.

    See Sec. 1000.42.



Sec. 1135.43  General classification rules.

    See Sec. 1000.43.



Sec. 1135.44  Classification of producer milk.

    See Sec. 1000.44.



Sec. 1135.45  Market administrator's reports and announcements concerning classification.

    See Sec. 1000.45.

                              Class Prices



Sec. 1135.50  Class prices, component prices, and advanced pricing factors.

    See Sec. 1000.50.



Sec. 1135.51  Class I differential and price.

    The Class I differential shall be the differential established at 
Salt Lake County, Utah, which is reported in Sec. 1000.52. The Class I 
price shall be the price computed pursuant to Sec. 1000.50(a) for Salt 
Lake County, Utah.



Sec. 1135.52  Adjusted Class I differentials.

    See Sec. 1000.52.



Sec. 1135.53  Announcement of class prices, component prices, and advanced pricing factors.

    See Sec. 1000.53.



Sec. 1135.54  Equivalent price.

    See Sec. 1000.54.

                       Producer Price Differential



Sec. 1135.60  Handler's value of milk.

    For the purpose of computing a handler's obligation for producer 
milk, the market administrator shall determine for each month the value 
of milk of each handler with respect to each of the handler's pool 
plants, and of each handler described in Sec. 1000.9(c) and each handler 
described in Sec. 1135.11, with respect to milk that was not received at 
a pool plant, by adding the amounts computed in paragraphs (a) through 
(h) of this section and subtracting from that total amount the value 
computed in paragraph (i) of this section. Unless otherwise specified, 
the skim milk, butterfat, and the combined pounds of skim milk and 
butterfat referred to in this section shall result from the steps

[[Page 221]]

set forth in Sec. 1000.44 (a), (b), and (c), respectively, and the 
nonfat components of producer milk in each class shall be based upon the 
proportion of such nonfat components in producer skim milk. Receipts of 
nonfluid milk products that are distributed as labeled reconstituted 
milk for which payments are made to the producer-settlement fund of 
another Federal order under Sec. 1000.76 (a)(4) or (d) shall be excluded 
from pricing under this section.
    (a) Class I value.
    (1) Multiply the hundredweight of skim milk in Class I by the Class 
I skim milk price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class I by the Class I butterfat price.
    (b) Class II value.
    (1) Multiply the pounds of nonfat solids in Class II skim milk by 
the Class II nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class II times the Class II butterfat price.
    (c) Class III value.
    (1) Multiply the pounds of protein in Class III skim milk by the 
protein price;
    (2) Add an amount obtained by multiplying the pounds of other solids 
in Class III skim milk by the other solids price; and
    (3) Add an amount obtained by multiplying the pounds of butterfat in 
Class III by the Class III butterfat price.
    (d) Class IV value.
    (1) Multiply the pounds of nonfat solids in Class IV skim milk by 
the nonfat solids price; and
    (2) Add an amount obtained by multiplying the pounds of butterfat in 
Class IV by the Class IV butterfat price.
    (e) Multiply the pounds of skim milk and butterfat overage assigned 
to each class pursuant to Sec. 1000.44(a)(11) and the corresponding step 
of Sec. 1000.44(b) by the skim milk prices and butterfat prices 
applicable to each class.
    (f) Multiply the difference between the current month's Class I, II, 
or III price, as the case may be, and the Class IV price for the 
preceding month by the hundredweight of skim milk and butterfat 
subtracted from Class I, II, or III, respectively, pursuant to 
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
    (g) Multiply the difference between the Class I price applicable at 
the location of the pool plant and the Class IV price by the 
hundredweight of skim milk and butterfat assigned to Class I pursuant to 
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat 
subtracted from Class I pursuant to Sec. 1000.44(a)(3) (i) through (vi) 
and the corresponding step of Sec. 1000.44(b), excluding receipts of 
bulk fluid cream products from plants regulated under other Federal 
orders and bulk concentrated fluid milk products from pool plants, 
plants regulated under other Federal orders, and unregulated supply 
plants.
    (h) Multiply the Class I skim milk and Class I butterfat prices 
applicable at the location of the nearest unregulated supply plants from 
which an equivalent volume was received by the pounds of skim milk and 
butterfat in receipts of concentrated fluid milk products assigned to 
Class I pursuant to Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the 
corresponding step of Sec. 1000.44(b) and the pounds of skim milk and 
butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and the 
corresponding step of Sec. 1000.44(b), excluding such skim milk and 
butterfat in receipts of fluid milk products from an unregulated supply 
plant to the extent that an equivalent amount of skim milk or butterfat 
disposed of to such plant by handlers fully regulated under any Federal 
milk order is classified and priced as Class I milk and is not used as 
an offset for any other payment obligation under any order.
    (i) For reconstituted milk made from receipts of nonfluid milk 
products, multiply $1.00 (but not more than the difference between the 
Class I price applicable at the location of the pool plant and the Class 
IV price) by the hundredweight of skim milk and butterfat contained in 
receipts of nonfluid milk products that are allocated to Class I use 
pursuant to Sec. 1000.43(d).

[64 FR 48015, Sept. 1, 1999, as amended at 65 FR 82841, Dec. 28, 2000]

[[Page 222]]



Sec. 1135.61  Computation of producer butterfat price and producer price differential.

    For each month, the market administrator shall compute a producer 
butterfat price per pound of butterfat and a producer price differential 
per hundredweight. The report of any handler who has not made payments 
required pursuant to Sec. 1135.71 for the preceding month shall not be 
included in these computations, and such handler's report shall not be 
included in the computation for succeeding months until the handler has 
made full payment of outstanding monthly obligations. Subject to the 
conditions of this paragraph, the market administrator shall compute the 
producer butterfat price and the producer price differential in the 
following manner:
    (a) Producer butterfat price. The producer butterfat price per 
pound, rounded to the nearest one-hundredth cent, shall be computed by:
    (1) Multiplying the pounds of butterfat in producer milk allocated 
to each class pursuant to Sec. 1000.44(b) by the respective class 
butterfat prices;
    (2) Adding the butterfat value calculated in Sec. 1135.60(h) for 
other source milk allocated to Class I pursuant to Sec. 1000.43(d) and 
the steps of Sec. 1000.44(b) that correspond to Sec. 1000.44(a)(3)(i) 
and Sec. 1000.44(a)(8) by the Class I price; and
    (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section 
by the sum of the pounds of butterfat in producer milk and other source 
milk used to calculate the values in paragraphs (a)(1) and (a)(2) of 
this section.
    (b) Producer price differential. (1) Combine into one total the 
values computed pursuant to Sec. 1135.60 for all handlers required to 
file reports prescribed in Sec. 1135.30;
    (2) Subtract the total of the values obtained:
    (i) By multiplying the total pounds of protein, other solids, and 
butterfat contained in each handler's producer milk for which an 
obligation was computed pursuant to Sec. 1135.60(a) through (g) and 
Sec. 1135.60(i) by the protein price, other solids price, and producer 
butterfat price, respectively;
    (ii) By multiplying each handler's pounds of skim milk and butterfat 
for which a value is computed pursuant to Sec. 1135.60(h) by the Class 
III skim milk price and the producer butterfat price, respectively;
    (3) Add an amount equal to the minus location adjustments and 
subtract an amount equal to the plus location adjustments computed 
pursuant to Sec. 1135.75;
    (4) Add an amount equal to not less than one-half of the unobligated 
balance in the producer-settlement fund;
    (5) Divide the resulting amount by the sum of the following for all 
handlers included in these computations:
    (i) The total hundredweight of producer milk; and
    (ii) The total hundredweight for which a value is computed pursuant 
to Sec. 1135.60(h); and
    (6) Subtract not less than 4 cents nor more than 5 cents from the 
price computed pursuant to paragraph (b)(5) of this section. The result 
shall be known as the producer price differential for the month.

[65 FR 82841, Dec. 28, 2000]



Sec. 1135.62  Announcement of producer prices.

    On or before the 12th day after the end of each month, the market 
administrator shall announce publicly the following prices and 
information:
    (a) The producer price differential;
    (b) The protein price;
    (c) The nonfat solids price;
    (d) The other solids price;
    (e) The producer butterfat price;
    (f) [Reserved]
    (g) The statistical uniform price computed by adding the following 
values:
    (1) The Class III skim milk price computed in Sec. 1000.50(i) 
multiplied by .965;
    (2) The producer butterfat price computed in Sec. 1135.61(a) 
multiplied by 3.5; and
    (3) The producer price differential computed in Sec. 1135.61(b).
    (h) The statistical uniform price for milk containing 3.5 percent 
butterfat, computed by combining the Class III price and the producer 
price differential.

[64 FR 48015, Sept. 1, 1999, as amended at 65 FR 82842, Dec. 28, 2000]

[[Page 223]]

                            Payments for Milk



Sec. 1135.70  Producer-settlement fund.

    See Sec. 1000.70.



Sec. 1135.71  Payments to the producer-settlement fund.

    Each handler shall make payment to the producer-settlement fund in a 
manner that provides receipt of the funds by the market administrator no 
later than the 14th day after the end of the month (except as provided 
in Sec. 1000.90). Payment shall be the amount, if any, by which the 
amount specified in paragraph (a) of this section exceeds the amount 
specified in paragraph (b) of this section:
    (a) The total value of milk to the handler for the month as 
determined pursuant to Sec. 1135.60.
    (b) The sum of:
    (1) An amount obtained by multiplying the total hundredweight of 
producer milk as determined pursuant to Sec. 1000.44(c) by the producer 
price differential as adjusted pursuant to Sec. 1135.75;
    (2) An amount obtained by multiplying the total pounds of protein, 
other solids, and butterfat contained in producer milk by the protein, 
other solids, and producer butterfat prices respectively;
    (3) An amount obtained by multiplying the hundredweight, the pounds 
of skim milk, and the pounds of butterfat for which a value was computed 
pursuant to Sec. 1135.60(h) by the producer price differential, the 
Class III skim milk price, and the producer butterfat price, 
respectively, as adjusted pursuant to Sec. 1135.75 applicable at the 
location of the plant from which received; and
    (4) An amount obtained by multiplying the pounds of skim milk and 
butterfat for which a value was computed pursuant to Sec. 1135.60(h) by 
the producer price differential as adjusted pursuant to Sec. 1135.75 for 
the location of the plant from which received.

[64 FR 48015, Sept. 1, 1999, as amended at 65 FR 82842, Dec. 28, 2000]



Sec. 1135.72  Payments from the producer-settlement fund.

    No later than the 15th day after the end of each month (except as 
provided in Sec. 1000.90), the market administrator shall pay to each 
handler the amount, if any, by which the amount computed pursuant to 
Sec. 1135.71(b) exceeds the amount computed pursuant to Sec. 1135.71(a). 
If, at such time, the balance in the producer-settlement fund is 
insufficient to make all payments pursuant to this section, the market 
administrator shall reduce uniformly such payments and shall complete 
the payments as soon as the funds are available.



Sec. 1135.73  Payments to producers and to cooperative associations.

    (a) Except as provided in paragraph (b) of this section, each 
handler shall make payment to each producer from whom milk is received 
during the month as follows:
    (1) Partial payment. On or before the 25th day of each month (except 
as provided in Sec. 1000.90) to each producer an amount not less than 
1.2 times the lowest class price for the preceding month multiplied by 
the hundredweight of milk received from such producer during the first 
15 days of the month, less proper deductions authorized in writing by 
such producer to be made from payments due pursuant to this paragraph.
    (2) Final payment. On or before the 17th day of the following month 
(except as provided in Sec. 1000.90), not less than an amount computed 
by the sum of the following:
    (i) The hundredweight of producer milk received times the producer 
price differential for the month as adjusted pursuant to Sec. 1135.75;
    (ii) The pounds of butterfat in producer milk received times the 
producer butterfat price for the month;
    (iii) The pounds of protein in producer milk received times the 
protein price for the month;
    (iv) The pounds of other solids in producer milk received times the 
other solids price for the month;
    (v) [Reserved]
    (vi) Less any payments made pursuant to paragraph (a)(1) of this 
section;
    (vii) Less proper deductions authorized in writing by such producer 
and plus or minus adjustments for errors in previous payments to such 
producer

[[Page 224]]

subject to approval by the market administrator; and
    (viii) Less deductions made for marketing service pursuant to 
Sec. 1000.86.
    (b) One day prior to the dates on which partial and final payments 
are due pursuant to paragraph (a) of this section, each handler shall 
pay a cooperative association for milk received as follows:
    (1) Partial payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk (including the 
milk of producers who are not members of such association and who the 
market administrator determines have authorized the cooperative 
association to collect payment for their milk) received during the first 
15 days of the month from a cooperative association in any capacity, 
except as the operator of a pool plant, the payment shall be an amount 
not less than 1.2 times the lowest class price for the preceding month 
multiplied by the hundredweight of milk.
    (2) Partial payment to a cooperative association for milk 
transferred from its pool plant. For bulk fluid milk products and bulk 
fluid cream products received during the first 15 days of the month from 
a cooperative association in its capacity as the operator of a pool 
plant, the partial payment shall be at the pool plant operator's 
estimated use value of the milk using the most recent class prices 
available at the receiving plant's location.
    (3) Final payment to a cooperative association for milk transferred 
from its pool plant. For the total quantity of bulk fluid milk products 
and bulk fluid cream products received from a cooperative association in 
its capacity as the operator of a pool plant, the final payment shall be 
at not less than the total value of such products received from the 
association's pool plants, as determined by multiplying the respective 
quantities assigned to each class under Sec. 1000.44, as follows:
    (i) The hundredweight of Class I skim milk times the Class I skim 
milk price for the month plus the pounds of Class I butterfat times the 
Class I butterfat price for the month. The Class I prices to be used 
shall be the prices effective at the location of the receiving plant;
    (ii) The pounds of nonfat solids in Class II skim milk by the Class 
II nonfat solids price;
    (iii) The pounds of butterfat in Class II times the Class II 
butterfat price;
    (iv) The pounds of nonfat solids in Class IV times the nonfat solids 
price;
    (v) The pounds of butterfat in Class III and Class IV milk times the 
respective butterfat prices for the month;
    (vi) The pounds of protein in Class III milk times the protein 
price;
    (vii) The pounds of other solids in Class III milk times the other 
solids price; and
    (viii) Add together the amounts computed in paragraphs (b)(3)(i) 
through (vii) of this section and from that sum deduct any payment made 
pursuant to paragraph (b)(1) of this section.
    (4) Final payment to a cooperative association for bulk milk 
received directly from producers' farms. For bulk milk received from a 
cooperative association during the month, including the milk of 
producers who are not members of such association and who the market 
administrator determines have authorized the cooperative association to 
collect payment for their milk, the final payment for such milk shall be 
an amount equal to the sum of the individual payments otherwise payable 
for such milk pursuant to paragraph (a)(2) of this section.
    (c) If a handler has not received full payment from the market 
administrator pursuant to Sec. 1135.72 by the payment date specified in 
paragraph (a) or (b) of this section, the handler may reduce pro rata 
its payments to producers or to the cooperative association by not more 
than the amount of such underpayment. The payments shall be completed on 
the next scheduled payment date after receipt of the balance due from 
the market administrator.
    (d) If a handler claims that a required payment to a producer cannot 
be made because the producer is deceased or cannot be located, or 
because the cooperative association or its lawful successor or assignee 
is no longer in existence, the payment shall be made to the producer 
settlement fund, and in the event the handler subsequently locates and 
pays the producer or a lawful

[[Page 225]]

claimant, or in the event that the handler no longer exists and a lawful 
claim is later established, the market administrator shall make the 
required payment from the producer-settlement fund to the handler or to 
the lawful claimant, as the case may be.
    (e) In making payments to producers pursuant to this section, each 
handler shall furnish each producer, except a producer whose milk was 
received from a cooperative association handler described in 
Sec. 1000.9(a) or (c), a supporting statement in a form that may be 
retained by the recipient which shall show:
    (1) The name, address, Grade A identifier assigned by a duly 
constituted regulatory agency, and payroll number of the producer;
    (2) The daily and total pounds, and the month and dates such milk 
was received from that producer;
    (3) The total pounds of butterfat, protein, and other solids 
contained in the producer's milk;
    (4) [Reserved]
    (5) The minimum rate or rates at which payment to the producer is 
required pursuant to the order in this part;
    (6) The rate used in making payment if the rate is other than the 
applicable minimum rate;
    (7) The amount, or rate per hundredweight, or rate per pounds of 
component, and the nature of each deduction claimed by the handler; and
    (8) The net amount of payment to the producer or cooperative 
association.

[64 FR 48015, Sept. 1, 1999, as amended at 65 FR 32010, May 22, 2000; 65 
FR 82842, Dec. 28, 2000]



Sec. 1135.74  [Reserved]



Sec. 1135.75  Plant location adjustments for producer milk and nonpool milk.

    For purposes of making payments for producer milk and nonpool milk, 
a plant location adjustment shall be determined by subtracting the Class 
I price specified in Sec. 1135.51 from the Class I price at the plant's 
location. The difference, plus or minus as the case may be, shall be 
used to adjust the payments required pursuant to Secs. 1135.73 and 
1000.76.



Sec. 1135.76  Payments by a handler operating a partially regulated distributing plant.

    See Sec. 1000.76.



Sec. 1135.77  Adjustment of accounts.

    See Sec. 1000.77.



Sec. 1135.78  Charges on overdue accounts.

    See Sec. 1000.78.

        Administrative Assessment and Marketing Service Deduction



Sec. 1135.85  Assessment for order administration.

    See Sec. 1000.85.



Sec. 1135.86  Deduction for marketing services.

    See Sec. 1000.86.

                       PARTS 1136-1139 [RESERVED]



PART 1140--DAIRY FORWARD PRICING PILOT PROGRAM--Table of Contents




                         Subpart A--Definitions

Sec.
1140.1 Definitions.

              Subpart B--Rules Governing Forward Contracts

1140.2 Rules governing forward contracts.

    Authority: 7 U.S.C. 601 et seq.

    Source: 65 FR 44413, July 18, 2000, unless otherwise noted.



                         Subpart A--Definitions



Sec. 1140.1  Definitions.

    (a) Pilot program means the dairy forward pricing pilot program 
provided by an amendment to the Agricultural Marketing Agreement Act of 
1937 (7 U.S.C. 601 et seq.) signed into law on November 29, 1999 
(Section 3 of H.R. 3428 of the 106th Congress, as enacted by section 
1001(a)(8) of Public Law 106-113 (113 Stat. 1536)).
    (b) Eligible milk means the quantity of milk equal to the 
contracting handler's Class II, III, and IV utilization of producer 
milk, in product pounds, during the month, combining all plants of a

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single handler regulated under the same Federal order.
    (c) Forward contract means an agreement covering the terms and 
conditions for the sale of milk from a producer defined in 
Secs. 1001.12, 1005.12, 1006.12, 1007.12, 1030.12, 1032.12, 1033.12, 
1124.12, 1126.12, 1131.12, and 1135.12, or a cooperative association 
defined in Sec. 1000.18, and a handler defined in Sec. 1000.9 or 1135.9.
    (d) Contract milk means the producer milk covered by a forward 
contract.
    (e) Disclosure statement means the following statement which must be 
signed by each producer entering into a forward contract with a handler 
before the market administrator will recognize the terms and conditions 
provided in such contract.

                          Disclosure Statement

    I am voluntarily entering into a forward contract with -------- 
(handler's name). I have been given a copy of the contract and I have 
received the USDA's Pilot Program Fact Sheet to which this disclosure 
statement was attached. By signing this form, I understand that I am 
forfeiting my right to receive the order's minimum prices for that 
portion of my milk that is under forward contract for the duration of 
the contract. I also understand that my milk will be priced in 
accordance with the terms and conditions of the contract.

Printed Name:___________________________________________________________
Signature:______________________________________________________________
Date:___________________________________________________________________
Address:________________________________________________________________
Producer No:____________________________________________________________

    (f) Other definitions. The definition of any term in parts 1000-1135 
of this chapter apply to, and are hereby made a part of, this part.



              Subpart B--Rules Governing Forward Contracts



Sec. 1140.2  Rules governing forward contracts.

    (a) Any handler defined in Secs. 1000.9 and 1135.9 may enter into 
forward contracts with producers or cooperative associations for the 
handler's eligible milk. Milk under forward contract in compliance with 
these rules will be exempt from the minimum payment provisions that 
would apply to such milk pursuant to Secs. 1001.73, 1005.73, 1006.73, 
1007.73, 1030.73, 1032.73, 1033.73, 1124.73, 1126.73, 1131.73 and 
1135.73 for the period of time covered by the contract.
    (b) A forward contract with a producer or cooperative association 
participating for the first time in this pilot program may not exceed 12 
months. In no event shall a forward contract executed pursuant to this 
part extend beyond December 31, 2004.
    (c) Forward contracts must be signed and dated by the contracting 
handler and producer (or cooperative association) prior to the 1st day 
of the 1st month for which they are to be effective and must be in the 
possession of the market administrator by the 15th day of that month.\1\ 
The disclosure statement provided in Sec. 1140.1(e) must be signed on 
the same date as the contract by each producer entering into a forward 
contract under the pilot program, and this signed disclosure statement 
must be attached to each contract submitted to the market administrator.
---------------------------------------------------------------------------

    \1\ Contracts that have been signed prior to the effective date of 
these rules are invalid under the pilot program.
---------------------------------------------------------------------------

    (d) In the event that a handler's contract milk exceeds the 
handler's eligible milk for any month in which the specified contract 
price(s) are below the order's minimum prices, the handler must 
designate which producer milk shall not be contract milk. If the handler 
does not designate the suppliers of the over-contracted milk, the market 
administrator shall prorate the over-contracted milk to each producer 
and cooperative association having a forward contract with the handler.
    (e) Payments for milk covered by a forward contract must be made on 
or before the dates applicable to payments for milk that is not under 
forward contract under the respective Federal order.
    (f) Handlers participating in the pilot program will continue to be 
required to file all reports that are currently required under the 
respective marketing orders and will continue to be required to account 
to the pool for all milk they receive at their respective order's 
minimum class prices.
    (g) Nothing in this part shall impede the contractual arrangements 
that

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exist between a cooperative association and its members.



PART 1150--DAIRY PROMOTION PROGRAM--Table of Contents




               Subpart--Dairy Promotion and Research Order

                               Definitions

Sec.
1150.101 Act.
1150.102 Department.
1150.103 Secretary.
1150.104 Board.
1150.105 Person.
1150.106 United States.
1150.107 Fiscal period.
1150.108 Eligible organization.
1150.109 Qualified State or regional program.
1150.110 Producer.
1150.111 Milk.
1150.112 Dairy products.
1150.113 Fluid milk products.
1150.114 Promotion.
1150.115 Research.
1150.116 Nutrition education.
1150.117 Plans and projects.
1150.118 Marketing.
1150.119 Cooperative association.

               National Dairy Promotion and Research Board

1150.131 Establishment and membership.
1150.132 Term of office.
1150.133 Nominations.
1150.134 Nominee's agreement to serve.
1150.135 Appointment.
1150.136 Vacancies.
1150.137 Procedure.
1150.138 Compensation and reimbursement.
1150.139 Powers of the Board.
1150.140 Duties of the Board.

                        Expenses and Assessments

1150.151 Expenses.
1150.152 Assessments.
1150.153 Qualified State or regional dairy product promotion, research 
          or nutrition education programs.
1150.154 Influencing governmental action.
1150.155 Adjustment of accounts.
1150.156 Charges and penalties.

               Promotion, Research and Nutrition Education

1150.161 Promotion, research and nutrition education.

                       Reports, Books and Records

1150.171 Reports.
1150.172 Books and records.
1150.173 Confidential treatment.

                              Miscellaneous

1150.181 Proceedings after termination.
1150.182 Effect of termination or amendment.
1150.183 Personal liability.
1150.184 Patents, copyrights, inventions and publications.
1150.185 Amendments.
1150.186 Separability.
1150.187 Paperwork Reduction Act assigned number.

   Subpart--Procedure for Certification of Milk Producer Organizations

1150.270 General.
1150.271 Definitions.
1150.272 Responsibility for administration of regulations.
1150.273 Application for certification.
1150.274 Certification standards.
1150.275 Inspection and investigation.
1150.276 Review of certification.
1150.277 Listing of certified organizations.
1150.278 Confidential treatment.

    Authority: 7 U.S.C. 4501-4513.

    Source: 49 FR 11816, Mar. 28, 1984, unless otherwise noted.



               Subpart--Dairy Promotion and Research Order

                               Definitions



Sec. 1150.101  Act.

    Act means Title I, Subtitle B, of the Dairy and Tobacco Adjustment 
Act of 1983, Pub. L. 98-180, 97 Stat. 1128, as approved November 29, 
1983, and any amendments thereto.



Sec. 1150.102  Department.

    Department means the United States Department of Agriculture.



Sec. 1150.103  Secretary.

    Secretary means the Secretary of Agriculture of the United States or 
any other officer or employee of the Department to whom authority has 
heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in the Secretary's stead.



Sec. 1150.104  Board.

    Board means the National Dairy Promotion and Research Board 
established pursuant to Sec. 1150.131.

[[Page 228]]



Sec. 1150.105  Person.

    Person means any individual, group of individuals, partnership, 
corporation, association, cooperative or other entity.



Sec. 1150.106  United States.

    United States means the 48 contiguous States in the continental 
United States.



Sec. 1150.107  Fiscal period.

    Fiscal period means the calendar year or such other annual period as 
the Board may determine.



Sec. 1150.108  Eligible organization.

    Eligible organization means any organization which has been 
certified by the Secretary pursuant to Secs. 1150.270 through 1150.278 
of this part.



Sec. 1150.109  Qualified State or regional program.

    Qualified State or regional program means any State or regional 
dairy product promotion, research or nutrition education program which 
is certified as a qualified program pursuant to Sec. 1150.153.



Sec. 1150.110  Producer.

    Producer means any person engaged in the production of milk for 
commercial use.



Sec. 1150.111  Milk.

    Milk means any class of cow's milk produced in the United States.



Sec. 1150.112  Dairy products.

    Dairy products means products manufactured for human consumption 
which are derived from the processing of milk, and includes fluid milk 
products.



Sec. 1150.113  Fluid milk products.

    Fluid milk products means those milk products normally consumed in 
liquid form as a beverage.



Sec. 1150.114  Promotion.

    Promotion means actions such as paid advertising, sales promotion, 
and publicity to advance the image and sales of, and demand for, dairy 
products generally.



Sec. 1150.115  Research.

    Research means studies testing the effectiveness of market 
development and promotion efforts, studies relating to the nutritional 
value of milk and dairy products, and other related efforts to expand 
demand for dairy products.



Sec. 1150.116  Nutrition education.

    Nutrition education means those activities intended to broaden the 
understanding of sound nutritional principles, including the role of 
milk and dairy products in a balanced diet.



Sec. 1150.117  Plans and projects.

    Plans and projects means promotion, research and nutrition education 
plans, studies or projects pursuant to Secs. 1150.139, 1150.140 and 
1150.161.



Sec. 1150.118  Marketing.

    Marketing means the sale or other disposition in commerce of dairy 
products.



Sec. 1150.119  Cooperative association.

    Cooperative association means any cooperative marketing association 
of producers which is organized under the provisions of the Act of 
Congress of February 18, 1922, as amended, known as the ``Capper-
Volstead Act''.

               National Dairy Promotion and Research Board



Sec. 1150.131  Establishment and membership.

    (a) There is hereby established a National Dairy Promotion and 
Research Board of thirty-six members. For purposes of nominating 
producers to the Board, the United States shall be divided into thirteen 
geographic regions and the number of Board members from each region 
shall be as follows:
    (1) One member from region number one comprised of the following 
States: Washington and Oregon.
    (2) Six members from region number two comprised of the following 
State: California.
    (3) Three members from region number three comprised of the 
following States: Arizona, Colorado, Idaho, Montana, Nevada, Utah, and 
Wyoming.

[[Page 229]]

    (4) Three members from region number four comprised of the following 
States: Arkansas, Kansas, New Mexico, Oklahoma and Texas.
    (5) Three members from region number five comprised of the followng 
States: Minnesota, North Dakota and South Dakota.
    (6) Five members from region number six comprised of the following 
State: Wisconsin.
    (7) Two members from region number seven comprised of the following 
States: Illinois, Iowa, Missouri, and Nebraska.
    (8) One member from region number eight comprised of the following 
States: Alabama, Kentucky, Louisiana, Mississippi and Tennessee.
    (9) Three members from region number nine comprised of the following 
States: Indiana, Michigan, Ohio and West Virginia.
    (10) Two members from region number ten comprised of the following 
States: Florida, Georgia, North Carolina, South Carolina and Virginia.
    (11) Three members from region number eleven comprised of the 
following States: Delaware, Maryland, New Jersey and Pennsylvania.
    (12) Three members from region number twelve comprised of the 
following State: New York.
    (13) One member from region number thirteen comprised of the 
following States: Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island and Vermont.
    (b) The Board shall be composed of milk producers appointed by the 
Secretary either from nominations submitted pursuant to Sec. 1150.133 or 
in accordance with Sec. 11150.136. A milk producer may be nominated only 
to represent the region in which such producer's milk is produced.
    (c) At least every five years, and not more than every three years, 
the Board shall review the geographic distribution of milk production 
volume throughout the United States and, if warranted, shall recommend 
to the Secretary a reapportionment of regions and/or a modification of 
the number of members from regions in order to best reflect the 
geographic distribution of milk production volume in the United States.
    (d) The number of members for each region which shall serve on the 
Board shall be determined by dividing the total pounds of milk produced 
in the United States for the calendar year previous to the date of 
review by 36 which provides a factor of pounds of milk per member, and 
then dividing the total pounds of milk for each region by such factor.
    (e) In determining the volume of milk produced in the United States, 
the Board and the Secretary shall utilize the information received by 
the Board pursuant to Sec. 1150.171 and data published by the 
Department.

[49 FR 11816, Mar. 28, 1984, as amended at 54 FR 6264, Feb. 9, 1989; 59 
FR 13435, Mar. 22, 1994; 63 FR 57895, Oct. 29, 1998]



Sec. 1150.132  Term of office.

    (a) The members of the Board shall serve for terms of three years, 
except that the members appointed to the initial Board shall serve 
proportionately, for terms of one, two and three years.
    (b) Each member of the Board shall serve until October 31 of the 
year in which his/her term expires, except that a retiring member may 
serve until a successor is appointed.
    (c) No member shall serve more than two consecutive terms.

[49 FR 11816, Mar. 28, 1984, as amended at 60 FR 53253, Oct. 13, 1995]



Sec. 1150.133  Nominations.

    Nominations for members of the Board shall be made in the following 
manner:
    (a) Upon effectuation of this provision, the Secretary shall solicit 
nominations for the initial Board from all eligible organizations. If 
the Secretary determines that a substantial number of producers are not 
members of, or their interests are not represented by, such eligible 
organizations, the Secretary shall also solicit nominations from such 
producers through general farmer organizations or by other means.
    (b) After the appointment of the initial Board, the Secretary shall 
announce at least 120 days in advance when a Board member's term is 
expiring and shall solicit nominations for that position in the manner 
described

[[Page 230]]

in paragraph (a) of this section. Nominations for such position should 
be submitted to the Secretary not less than 60 days prior to the 
expiration of such term.
    (c) An eligible organization may submit nominations only for 
positions on the Board that represent regions in which such eligible 
organization can establish that it represents a substantial number of 
producers. If there is more than one Board position for any such region, 
the organization may submit nominations for each position.
    (d) Where there is more than one eligible organization representing 
producers in a specific region, they may caucus and jointly nominate 
producers for each position representing that region on the Board for 
which a member is to be appointed. If joint agreement is not reached 
with respect to any such nominations, or if no caucus is held, each 
eligible organization may submit to the Secretary nominations for each 
appointment to be made to represent that region.



Sec. 1150.134  Nominee's agreement to serve.

    Any producer nominated to serve on the Board shall file with the 
Secretary at the time of the nomination a written agreement to:
    (a) Serve on the Board if appointed;
    (b) Disclose any relationship with any organization that operates a 
qualified State or regional program or has a contractual relationship 
with the Board; and
    (c) Withdraw from participation in deliberations, decision-making, 
or voting on matters where paragraph (b) applies.



Sec. 1150.135  Appointment.

    From the nominations made pursuant to Sec. 1150.133, the Secretary 
shall appoint the members of the Board on the basis of representation 
provided for in Sec. 1150.131(a).



Sec. 1150.136  Vacancies.

    To fill any vacancy occasioned by the death, removal, resignation, 
or disqualification of any member of the Board, the Secretary shall 
appoint a successor from the most recent list of nominations for the 
position or from nominations made by the Board.



Sec. 1150.137  Procedure.

    (a) A majority of the members shall constitute a quorum at a 
properly convened meeting of the Board. Any action of the Board shall 
require the concurring votes of at least a majority of those present and 
voting. The Board shall establish rules concerning timely notice of 
meetings.
    (b) The Board may take action upon the concurring votes of a 
majority of its members by mail, telephone, or telegraph when in the 
opinion of the chairman of the Board such action must be taken before a 
meeting can be called. Action taken by this emergency procedure is valid 
only if all members are notified and provided the opportunity to vote 
and any telephone vote is confirmed promptly in writing. Any action so 
taken shall have the same force and effect as though such action had 
been taken at a properly convened meeting of the Board.

[49 FR 11816, Mar. 28, 1984, as amended at 50 FR 9984, Mar. 13, 1985]



Sec. 1150.138  Compensation and reimbursement.

    The members of the Board shall serve without compensation but shall 
be reimbursed for necessary and reasonable expenses, including a per 
diem allowance as recommended by the Board and approved by the 
Secretary, incurred by them in the performance of their duties under 
this subpart.



Sec. 1150.139  Powers of the Board.

    The Board shall have the following powers:
    (a) To receive and evaluate, or on its own initiative develop, and 
budget for plans or projects to promote the use of fluid milk and dairy 
products as well as projects for research and nutrition education and to 
make recommendations to the Secretary regarding such proposals;
    (b) To administer the provisions of this subpart in accordance with 
its terms and provisions;
    (c) To make rules and regulations to effectuate the terms and 
provisions of this subpart;

[[Page 231]]

    (d) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this subpart;
    (e) To disseminate information to producers or eligible 
organizations through programs or by direct contact utilizing the public 
postage system or other systems;
    (f) To select committees and subcommittees of Board members, and to 
adopt such rules for the conduct of its business as it may deem 
advisable;
    (g) To establish advisory committees of persons other than Board 
members and pay the necessary and reasonable expenses and fees of the 
members of such committees;
    (h) To recommend to the Secretary amendments to this subpart; and
    (i) With the approval of the Secretary, to invest, pending 
disbursement pursuant to a plan or project, funds collected through 
assessments authorized under Sec. 1150.152 in, and only in, obligations 
of the United States or any agency thereof, in general obligations of 
any State or any political subdivision thereof, in any interest-bearing 
account or certificate of deposit of a bank that is a member of the 
Federal Reserve System, or in obligations fully guaranteed as to 
principal and interest by the United States.



Sec. 1150.140  Duties of the Board.

    The Board shall have the following duties:
    (a) To meet not less than annually, and to organize and select from 
among its members a chairman and such other officers as may be 
necessary;
    (b) To appoint from its members an executive committee whose 
membership shall equally reflect each of the different regions in the 
United States in which milk is produced, and to delegate to the 
committee authority to administer the terms and provisions of this 
subpart under the direction of the Board and within the policies 
determined by the Board;
    (c) To appoint or employ such persons as it may deem necessary and 
define the duties and determine the compensation of each;
    (d) To review all programs that promote milk and dairy products on a 
brand or trade name basis that have requested certification pursuant to 
Sec. 1150.153, and to recommend to the Secretary whether such request 
should be granted;
    (e) To develop and submit to the Secretary for approval, promotion, 
research, and nutrition education plans or projects resulting from 
research or studies conducted either by the Board or others;
    (f) To solicit, among other proposals, research proposals that would 
increase the use of fluid milk and dairy products by the military and by 
persons in developing nations, and that would demonstrate the 
feasibility of converting surplus nonfat dry milk to casein for domestic 
and export use;
    (g) To prepare and submit to the Secretary for approval, budgets on 
a fiscal period basis of its anticipated expenses and disbursements in 
the administration of this subpart, including probable costs of 
promotion, research and nutrition education plans or projects, and also 
including a general description of the proposed promotion, research and 
nutrition education programs contemplated therein;
    (h) To maintain such books and records, which shall be available to 
the Secretary for inspection and audit, and prepare and submit such 
reports from time to time to the Secretary as the Secretary may 
prescribe, and to make appropriate accounting with respect to the 
receipt and disbursement of all funds entrusted to it;
    (i) With the approval of the Secretary, to enter into contracts or 
agreements with national, regional or State dairy promotion and research 
organizations or other organizations or entities for the development and 
conduct of activities authorized under Secs. 1150.139 and 1150.161, and 
for the payment of the cost thereof with funds collected through 
assessments pursuant to Sec. 1150.152. Any such contract or agreement 
shall provide that:
    (1) The contractors shall develop and submit to the Board a plan or 
project together with a budgets or budget which shall show the estimated 
cost to be incurred for such plan or project;
    (2) Any such plan or project shall become effective upon approval of 
the Secretary; and

[[Page 232]]

    (3) The contracting party shall keep accurate records of all of its 
transactions and make periodic reports to the Board of activities 
conducted and an accounting for funds received and expended, and such 
other reports as the Secretary or the Board may require. The Secretary 
or employees of the Board may audit periodically the records of the 
contracting party;
    (j) To prepare and make public, at least annually, a report of its 
activities carried out and an accounting for funds received and 
expended;
    (k) To have an audit of its financial statements conducted by a 
certified public accountant in accordance with generally accepted 
auditing standards, at least once each fiscal period and at such other 
times as the Secretary may request, and to submit a copy of each such 
audit report to the Secretary;
    (l) To give the Secretary the same notice of meetings of the Board, 
committees of the Board and advisory committees as is given to such 
Board or committee members in order that the Secretary, or a 
representative of the Secretary, may attend such meetings;
    (m) To submit to the Secretary such information pursuant to this 
subpart as may be requested; and
    (n) To encourage the coordination of programs of promotion, research 
and nutrition education designed to strengthen the dairy industry's 
position in the marketplace and to maintain and expand domestic and 
foreign markets and uses for fluid milk and dairy products produced in 
the United States.

                        Expenses and Assessments



Sec. 1150.151  Expenses.

    (a) The Board is authorized to incur such expenses (including 
provision for a reasonable reserve) as the Secretary finds are 
reasonable and likely to be incurred by the Board for its maintenance 
and functioning and to enable it to exercise its powers and perform its 
duties in accordance with the provisions of this subpart. However, after 
the first full year of operation of the order, administrative expenses 
incurred by the Board shall not exceed 5 percent of the projected 
revenue of that fiscal year. Such expenses shall be paid from 
assessments collected pursuant to Sec. 1150.152.
    (b) The Board shall reimburse the Secretary, from assessments 
collected pursuant to Sec. 1150.152, for administrative costs incurred 
by the Department after May 1, 1984.



Sec. 1150.152  Assessments.

    (a) Each person making payment to a producer for milk produced in 
the United States and marketed for commercial use shall collect an 
assessment on all such milk handled for the account of the producer at 
the rate of 15 cents per hundredweight of milk for commercial use or the 
equivalent thereof and shall remit the assessment to the Board.
    (b) Any producer marketing milk of that producer's own production in 
the form of milk or dairy products to consumers, either directly or 
through retail or wholesale outlets, shall remit to the Board an 
assessment on such milk at the rate of 15 cents per hundredweight of 
milk for commercial use or the equivalent thereof.
    (c) In determining the assessment due from each producer pursuant to 
Sec. 1150.152 (a) and (b), a producer who is participating in a 
qualified State or regional program(s) shall receive a credit for 
contributions to such program(s), but not to exceed the following 
amounts:
    (1) In the case of contributions for milk marketed on or before May 
31, 1984, up to the actual rate of contribution that was in effect under 
such program(s) on November 29, 1983, not to exceed 15 cents per 
hundredweight of milk marketed.
    (2) In all other cases, the credit shall not exceed 10 cents per 
hundredweight of milk marketed.
    (d) In order for a producer described in Sec. 1150.152(a) to receive 
the credit authorized in Sec. 1150.152(c), either the producer or a 
cooperative association on behalf of the producer must establish to the 
person responsible for remitting the assessment to the Board that the 
producer is contributing to a qualified State or regional program. 
Producers who contribute to a qualified program directly (other than 
through a payroll

[[Page 233]]

deduction) must establish with the person responsible for remitting the 
assessment to the Board, with validation by the qualified program, that 
they are making such contributions.
    (e) In order for a producer described in Sec. 1150.152(b) to receive 
the credit authorized in Sec. 1150.152(c), the producer and the 
applicable qualified State or regional program must establish to the 
Board that the producer is contributing to a qualified State or regional 
program.
    (f) The collection of assessments pursuant to Sec. 1150.152(a) and 
(b) shall begin with respect to milk marketed on and after the effective 
date of this section and shall continue until terminated by the 
Secretary. If the Board is not constituted by the date the first 
assessments are to be collected, the Secretary shall have the authority 
to receive the assessments on behalf of the Board. The Secretary shall 
remit such assessments to the Board when it is constituted.
    (g) Each person responsible for the remittance of the assessment 
pursuant to Sec. 1150.152(a) and (b) shall remit the assessment to the 
Board not later than the last day of the month following the month in 
which the milk was marketed.
    (h) Money remitted to the Board shall be in the form of a negotiable 
instrument made payable to ``National Dairy Promotion and Research 
Board.'' Remittances and reports specified in Sec. 1150.171 shall be 
mailed to the location designated by the Secretary or the Board.



Sec. 1150.153  Qualified State or regional dairy product promotion, research or nutrition education programs.

    (a) Any organization which conducts a State or regional dairy 
product promotion, research or nutrition education program may apply to 
the Secretary for certification of qualification so that producers may 
receive credit pursuant to Sec. 1150.152(c) for contributions to such 
program.
    (b) In order to be certified by the Secretary as a qualified 
program, the program must:
    (1) Conduct activities as defined in Secs. 1150.114, 1150.115, and 
1150.116 that are intended to increase consumption of milk and dairy 
products generally;
    (2) Except for programs operated under the laws of the United States 
or any State, have been active and ongoing before enactment of the Act;
    (3) Be financed primarily by producers, either individually or 
through cooperative associations;
    (4) Not use a private brand or trade name in its advertising and 
promotion of dairy products unless the Board recommends and the 
Secretary concurs that such preclusion should not apply;
    (5) Certify to the Secretary that any requests from producers for 
refunds under the program will be honored by forwarding to either the 
Board or a qualified State or regional program designated by the 
producer that portion of such refunds equal to the amount of credit that 
otherwise would be applicable to that program pursuant to 
Sec. 1150.152(c); and
    (6) Not use program funds for the purpose of influencing 
governmental policy or action.
    (c) An application for certification of qualifications of any State 
or regional dairy product promotion, research or nutrition education 
program which does not satisfy the requirements specified in paragraph 
(b) of this section shall be denied. The certification of any qualified 
program which fails to satisfy the requirements specified in paragraph 
(b) of this section after certification shall be subject to suspension 
or termination.
    (1) Prior to the denial of an application for certification of 
qualification, or the suspension or termination of an existing 
certification, the Director of the Dairy Division shall afford the 
applicant or the holder of an existing certification an opportunity to 
achieve compliance with the requirements for certification within a 
reasonable time, as determined by the Director.
    (2) Any State or regional dairy product promotion, research or 
nutrition education program whose application for certification of 
qualification is to be denied, or whose certification of qualification 
is to be suspended or terminated shall be given written notice of such 
pending action and shall be afforded an opportunity to petition the 
Secretary for a review of the action.

[[Page 234]]

The petition shall be in writing and shall state the facts relevant to 
the matter for which the review is sought, and whether petitioner 
desires an informal hearing. If an informal hearing is not requested, 
the Director of the Dairy Division shall issue a final decision setting 
forth the action to be taken and the basis for such action. If 
petitioner requests a hearing, the Director of the Dairy Division, or a 
person designated by the Director, shall hold an informal hearing in the 
following manner:
    (i) Notice of a hearing shall be given in writing and shall be 
mailed to the last known address of the petitioner or of the State or 
regional program, or to an officer thereof, at least 20 days before the 
date set for the hearing. Such notice shall contain the time and place 
of the hearing and may contain a statement of the reason for calling the 
hearing and the nature of the questions upon which evidence is desired 
or upon which argument may be presented. The hearing place shall be as 
convenient to the State or regional program as can reasonably be 
arranged.
    (ii) Hearings are not to be public and are to be attended only by 
representatives of the petitioner or the State or regional program and 
of the U.S. Government, and such other parties as either the State or 
regional program or the U.S. Government desires to have appear for 
purposes of submitting information or as counsel.
    (iii) The Director of the Dairy Division, or a person designated by 
the Director, shall be the presiding officer at the hearing. The hearing 
shall be conducted in such manner as will be most conducive to the 
proper disposition of the matter. Written statements or briefs may be 
filed by the petitioner or the State or regional program, or other 
participating parties, within the time specified by the presiding 
officer.
    (iv) The presiding officer shall prepare preliminary findings 
setting forth a recommendation as to what action should be taken and the 
basis for such action. A copy of such findings shall be served upon the 
petitioner or the State or regional program by mail or in person. 
Written exceptions to the findings may be filed within 10 days after 
service thereof.
    (v) After due consideration of all the facts and the exceptions, if 
any, the Director of the Dairy Division shall issue a final decision 
setting forth the action to be taken and the basis for such action.

[49 FR 11816, Mar. 28, 1984, as amended at 56 FR 8258, Feb. 28, 1991]



Sec. 1150.154  Influencing governmental action.

    No funds collected by the Board under this subpart shall in any 
manner be used for the purpose of influencing governmental policy or 
action, except to recommend to the Secretary amendments to this subpart.



Sec. 1150.155  Adjustment of accounts.

    Whenever the Board or the Department determines through an audit of 
a person's reports, records, books or accounts or through some other 
means that additional money is due the Board or that money is due such 
person from the Board, such person shall be notified of the amount due. 
The person shall then remit any amount due the Board by the next date 
for remitting assessments as provided in Sec. 1150.152. Overpayments 
shall be credited to the account of the person remitting the overpayment 
and shall be applied against amounts due in succeeding months.



Sec. 1150.156  Charges and penalties.

    (a) Late-payment charge. Any unpaid assessments to the Board 
pursuant to Sec. 1150.152 shall be increased 1.5 percent each month 
beginning with the day following the date such assessments were due. Any 
remaining amount due, which shall include any unpaid charges previously 
made pursuant to this section, shall be increased at the same rate on 
the corresponding day of each month thereafter until paid. For the 
purpose of this section, any assessment that was determined at a date 
later than prescribed by this subpart because of a person's failure to 
submit a report to the Board when due shall be considered to have been 
payable by the date it would have been due if the report had been filed 
when due. The timeliness of a payment to the Board shall be based on the 
applicable postmark date or the date actually received by the Board, 
whichever is earlier.

[[Page 235]]

    (b) Penalties. Any person who willfully violates any provision of 
this subpart shall be assessed a civil penalty by the Secretary of not 
more than $1,000 for each such violation and, in the case of a willful 
failure to pay, collect, or remit the assessment as required by this 
subpart, in addition to the amount due, a penalty equal to the amount of 
the assessment on the quantity of milk as to which the failure applies. 
The amount of any such penalty shall accrue to the United States and may 
be recovered in a civil suit brought by the United States. The remedies 
provided in this section shall be in addition to, and not exclusive of, 
other remedies that may be available by law or in equity.

               Promotion, Research and Nutrition Education



Sec. 1150.161  Promotion, research and nutrition education.

    (a) The Board shall receive and evaluate, or on its own initiative 
develop, and submit to the Secretary for approval any plans or projects 
authorized in Secs. 1150.139, 1150.140 and this section. Such plans or 
projects shall provide for:
    (1) The establishment, issuance, effectuation, and administration of 
appropriate plans or projects for promotion, research and nutrition 
education with respect to milk and dairy products; and
    (2) The establishment and conduct of research and studies with 
respect to the sale, distribution, marketing and utilization of milk and 
dairy products and the creation of new products thereof, to the end that 
marketing and utilization of milk and dairy products may be encouraged, 
expanded, improved or made more acceptable. Included shall be research 
and studies of proposals intended to increase the use of fluid milk and 
dairy products by the military and by persons in developing nations and 
proposals intended to demonstrate the feasibility of converting nonfat 
dry milk to casein for domestic and export use.
    (b) Each plan or project authorized under Sec. 1150.161(a) shall be 
periodically reviewed or evaluated by the Board to insure that the plan 
or project contributes to an effective program of promotion, research 
and nutrition education. If it is found by the Board that any such plan 
or project does not further the purposes of the Act, the Board shall 
terminate such plan or project.
    (c) No plan or project authorized under Sec. 1150.161(a) shall make 
use of unfair or deceptive acts or practices with respect to the 
quality, value or use of any competing product.

                       Reports, Books and Records



Sec. 1150.171  Reports.

    Each producer marketing milk of that producer's own production 
directly to consumers and each person making payment to producers and 
responsible for the collection of the assessment under Sec. 1150.152 
shall be required to report at the time for remitting assessments to the 
Board such information as may be required by the Board or by the 
Secretary. Such information may include but not be limited to the 
following:
    (a) The quantity of milk purchased, initially transferred or which, 
in any other manner, are subject to the collection of the assessment;
    (b) The amount of assessment remitted;
    (c) The basis, if necessary, to show why the remittance is less than 
the number of hundredweights of milk multiplied by 15 cents; and
    (d) The date any assessment was paid.



Sec. 1150.172  Books and records.

    Each person who is subject to this subpart, and other persons 
subject to Sec. 1150.171, shall maintain and make available for 
inspection by employees of the Board and the Secretary such books and 
records as are necessary to carry out the provisions of this subpart and 
the regulations issued hereunder, including such records as are 
necesssary to verify any reports required. Such records shall be 
retained for at least two years beyond the fiscal period of their 
applicability.



Sec. 1150.173  Confidential treatment.

    All information obtained from such books, records or reports under 
the Act

[[Page 236]]

and this subpart shall be kept confidential by all persons, including 
employees and former employees of the Board, all officers and employees 
and all former officers and employees of the Department, and by all 
officers and all employees and all former officers and employees of 
contracting agencies having access to such information, and shall not be 
available to Board members. Only those persons having a specific need 
for such information in order to effectively administer the provisions 
of this subpart shall have access to such information. In addition, only 
such information so furnished or acquired as the Secretary deems 
relevant shall be disclosed by them, and then only in a suit or 
administrative hearing brought at the discretion, or upon the request, 
of the Secretary, or to which the Secretary or any officer of the United 
States is a party, and involving this subpart. Nothing in this section 
shall be deemed to prohibit:
    (a) The issuance of general statements based upon the reports of the 
number of persons subject to this subpart or statistical data collected 
therefrom, which statements do not identify the information furnished by 
any person; and
    (b) The publication, by direction of the Secretary, of the name of 
any person who has been adjudged to have violated this subpart, together 
with a statement of the particular provisions of the subpart violated by 
such person.

                              Miscellaneous



Sec. 1150.181  Proceedings after termination.

    (a) Upon the termination of this subpart, the Board shall recommend 
not more than five of its members to the Secretary to serve as trustees 
for the purpose of liquidating the affairs of the Board. Such persons, 
upon designation by the Secretary, shall become trustees of all the 
funds and property owned, in the possession of, or under the control of 
the Board, including unpaid claims or property not delivered or any 
other claim existing at the time of such termination.
    (b) The said trustees shall:
    (1) Continue in such capacity until discharged by the Secretary;
    (2) Carry out the obligations of the Board under any contract or 
agreements entered into by it pursuant to Sec. 1150.140(i);
    (3) From time to time account for all receipts and disbursements and 
deliver all property on hand, together with all books and records of the 
Board and of the trustees, to such persons as the Secretary may direct; 
and
    (4) Upon the request of the Secretary, execute such assignments or 
other instruments necessary or appropriate to vest in such persons full 
title and right to all of the funds, property, and claims vested in the 
Board or the trustees pursuant to this subpart.
    (c) Any person to whom funds, property, or claims have been 
transferred or delivered pursuant to this subpart shall be subject to 
the same obligation imposed upon the Board and upon the trustees.
    (d) Any residual funds not required to defray the necessary expenses 
of liquidation shall be turned over to the Secretary to be used, to the 
extent practicable, in the interest of continuing one or more of the 
promotion, research or nutrition education plans or projects authorized 
pursuant to this subpart.



Sec. 1150.182  Effect of termination or amendment.

    Unless otherwise expressly provided by the Secretary, the 
termination of this subpart or of any regulation issued pursuant hereto, 
or the issuance of any amendment to either thereof, shall not:
    (a) Affect or waive any right, duty, obligation, or liability which 
shall have arisen or which may hereafter arise in connection with any 
provision of this subpart or any regulation issued thereunder;
    (b) Release or extinguish any violation of this subpart or any 
regulation issued thereunder; or
    (c) Affect or impair any rights or remedies of the United States, or 
of the Secretary, or of any person, with respect to any such violation.



Sec. 1150.183  Personal liability.

    No member or employee of the Board shall be held personally 
responsible, either individually or jointly, in any way whatsoever to 
any person for errors in

[[Page 237]]

judgment, mistakes, or other acts of either commission or omission of 
such member or employee, except for acts of dishonesty or willful 
misconduct.



Sec. 1150.184  Patents, copyrights, inventions and publications.

    Any patents, copyrights, trademarks, inventions or publications 
developed through the use of funds collected under the provisions of 
this subpart shall be the property of the U.S. Government as represented 
by the Board, and shall, along with any rents, royalties, residual 
payments, or other income from the rental, sale, leasing, franchising, 
or other uses of such patents, copyrights, inventions, or publications, 
inure to the benefit of the Board. Upon termination of this subpart, 
Sec. 1150.181 shall apply to determine disposition of all such property.



Sec. 1150.185  Amendments.

    The Secretary may from time to time amend provisions of this part. 
Any interested person or organization affected by the provisions of the 
Act may propose such amendments to the Secretary.



Sec. 1150.186  Separability.

    If any provision of this subpart is declared invalid or the 
applicability thereof to any person or circumstances is held invalid, 
the validity of the remainder of this subpart or the applicability 
thereof to other persons or circumstances shall not be affected thereby.



Sec. 1150.187  Paperwork Reduction Act assigned number.

    The information collection and recordkeeping requirements contained 
in Secs. 1150.133, 1150.152, 1150.153, 1150.171, 1150.172, 1150.202, 
1150.204, 1150.205, 1150.211 and 1150.273 of these regulations (7 CFR 
Part 1150) have been approved by the Office of Management and Budget 
(OMB) under the provisions of 44 U.S.C. Chapter 35 and have been 
assigned OMB Control Number 0581-0147.

[50 FR 9984, Mar. 13, 1985]



   Subpart--Procedure for Certification of Milk Producer Organizations



Sec. 1150.270  General.

    Organizations must be certified by the Secretary that they are 
eligible to represent milk producers and to participate in the making of 
nominations of milk producers to serve as members of the National Dairy 
Promotion and Research Board as provided in the Dairy and Tobacco 
Adjustment Act of 1983. Certifications of eligibility required of the 
Secretary shall be conducted in accordance with this subpart.



Sec. 1150.271  Definitions.

    As used in this subpart:
    (a) Act means Title I, Subtitle B, of the Dairy and Tobacco 
Adjustment Act of 1983, Pub. L. 98-180, 97 Stat. 1128, as approved 
November 29, 1983, and any amendments thereto;
    (b) Department means the United States Department of Agriculture;
    (c) Secretary means the Secretary of Agriculture of the United 
States, or any officer or employee of the Department to whom authority 
has heretofore been delegated, or to whom authority may hereafter be 
delegated to act in the Secretary's stead;
    (d) Dairy Division means the Dairy Division of the Department's 
Agricultural Marketing Service;
    (e) Producer means any person engaged in the production of milk for 
commercial use;
    (f) Dairy products means products manufactured for human consumption 
which are derived from the processing of milk, and includes fluid milk 
products; and
    (g) Fluid milk products means those milk products normally consumed 
in liquid form as a beverage.



Sec. 1150.272  Responsibility for administration of regulations.

    The Dairy Division shall have the responsibility for administering 
the provisions of this subpart.



Sec. 1150.273  Application for certification.

    Any organization whose membership consists primarily of milk 
producers may apply for certification. Applicant

[[Page 238]]

organizations should supply information for certification using as a 
guide ``Application for Certification of Organizations,'' Form DA-26. 
Form DA-26 may be obtained from the Dairy Division, Agricultural 
Marketing Service, United States Department of Agriculture, Washington, 
DC 20250.



Sec. 1150.274  Certification standards.

    (a) Certification of eligible organizations shall be based, in 
addition to other available information, on a factual report submitted 
by the organization, which shall contain information deemed relevant and 
specified by the Secretary for the making of such determination, 
including the following:
    (1) Geographic territory covered by the organization's active 
membership;
    (2) Nature and size of the organization's active membership 
including the total number of active milk producers represented by the 
organization;
    (3) Evidence of stability and permanency of the organization;
    (4) Sources from which the organization's operating funds are 
derived;
    (5) Functions of the organization; and
    (6) The organization's ability and willingness to further the aims 
and objectives of the Act.
    (b) The primary considerations in determining the eligibility of an 
organization shall be whether its membership consists primarily of milk 
producers who produce a substantial volume of milk, and whether the 
primary or overriding interest of the organization is in the production 
or processing of fluid milk and dairy products and promotion of the 
nutritional attributes of fluid milk and dairy products.
    (c) The Secretay shall certify any organization which he finds meets 
the criteria under this section and his determination as to eligibility 
shall be final.



Sec. 1150.275  Inspection and investigation.

    The Secretary shall have the right, at any time after an application 
is received from an organization, to examine such books, documents, 
papers, records, files, and facilities of an organization as he deems 
necessary to verify the information submitted and to procure such other 
information as may be required to determine whether the organization is 
eligible for certification.



Sec. 1150.276  Review of certification.

    Certifications issued pursuant to this subpart are subject to 
termination or suspension if the organization does not currently meet 
the certification standards. A certified organization may be requested 
at any time to supply the Dairy Division with such information as may be 
required to show that the organization continues to be eligible for 
certification. Any information submitted to satisfy a request pursuant 
to this section shall be subject to inspection and investigation as 
provided in Sec. 1150.275.



Sec. 1150.277  Listing of certified organizations.

    A copy of each certification shall be furnished by the Dairy 
Division to the respective organization. Copies also shall be filed in 
the Dairy Division where they will be available for public inspection.



Sec. 1150.278  Confidential treatment.

    All documents and other information submitted by applicant 
organizations and otherwise obtained by the Department by investigation 
or examination of books, documents, papers, records, files, or 
facilities shall be kept confidential by all employees of the 
Department. Only such information so furnished or acquired as the 
Secretary deems relevant shall be disclosed by them, and then only in 
the issuance of general statements based upon the applications of a 
number of persons, which do not identify the information furnished by 
any one person.

                       PARTS 1151-1159 [RESERVED]



PART 1160--FLUID MILK PROMOTION PROGRAM--Table of Contents




                   Subpart--Fluid Milk Promotion Order

                               Definitions

Sec.
1160.101 Act.
1160.102 Department.
1160.103 Secretary.
1160.104 United States.

[[Page 239]]

1160.105 Board.
1160.106 Person.
1160.107 Fluid milk product.
1160.108 Fluid milk processor.
1160.109 Milk.
1160.110 Class I price.
1160.111 Promotion.
1160.112 Research.
1160.113 Fiscal period.
1160.114 Eligible organization.
1160.115 Milk marketing area.
1160.116 [Reserved]
1160.117 Continuation referendum.

              National Fluid Milk Processor Promotion Board

1160.200 Establishment and membership.
1160.201 Term of office.
1160.202 Nominations.
1160.203 Nominee's agreement to serve.
1160.204 Appointment.
1160.205 Vacancies.
1160.206 Procedure.
1160.207 Compensation and reimbursement.
1160.208 Powers of the Board.
1160.209 Duties of the Board.
1160.210 Expenses.
1160.211 Assessments.
1160.212 Influencing governmental action.
1160.213 Adjustment of accounts.
1160.214 Charges and penalties.

               Promotion, Consumer Education and Research

1160.301 Promotion, consumer education and research.

                       Reports, Books and Records

1160.401 Reports.
1160.402 Books and records.
1160.403 Confidential treatment.

                              Miscellaneous

1160.501 Continuation referenda.
1160.502 Proceedings after suspension or termination.
1160.503 Effect of suspension, termination or amendment.
1160.504 Personal liability.
1160.505 Patents, copyrights, inventions and publications.
1160.506 Amendments.
1160.507 Report.
1160.508 Separability.

 Subpart--Procedure for Conduct of Referenda in Connection with a Fluid 
                          Milk Promotion Order

1160.600 General.
1160.601 Definitions.
1160.602 Conduct of referendum.
1160.603 Who may vote.
1160.604 Duties of the referendum agent.
1160.605 Scheduling of referendum.
1160.606 Notice of referendum.
1160.607 Tabulation of ballots.
1160.608 Confidential information.
1160.609 Supplementary instructions.

    Authority: 7 U.S.C. 6401-6417.

    Source: 58 FR 46763, Sept. 3, 1993, unless otherwise noted.



                   Subpart--Fluid Milk Promotion Order

    Source: 58 FR 62503, Nov. 29, 1993, unless otherwise noted.

                               Definitions



Sec. 1160.101  Act.

    Act means the Fluid Milk Promotion Act of 1990, Subtitle H of Title 
XIX of the Food, Agriculture, Conservation, and Trade Act of 1990, 
Public Law 101-624, 7 U.S.C. 6401-6417, and any amendments thereto.



Sec. 1160.102  Department.

    Department means the United States Department of Agriculture.



Sec. 1160.103  Secretary.

    Secretary means the Secretary of Agriculture of the United States or 
any officer or employee of the Department to whom authority has 
heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in the Secretary's stead.



Sec. 1160.104  United States.

    United States means the 48 contiguous states in the continental 
United States and the District of Columbia, except that United States 
means the 50 states of the United States of America and the District of 
Columbia under the following provisions: the petition and review under 
section 1999K of the Act, enforcement under section 1999L of the Act, 
and investigations and power to subpoena under section 1999M of the Act.



Sec. 1160.105  Board.

    Board means the National Processor Advertising and Promotion Board 
established pursuant to 7 U.S.C. 6407(b)(1) and this subpart 
(hereinafter known as the National Fluid Milk Processor Promotion Board 
or Board).

[[Page 240]]



Sec. 1160.106  Person.

    Person means any individual, group of individuals, partnership, 
corporation, association, cooperative or other entity.



Sec. 1160.107  Fluid milk product.

    Fluid milk product means any product that meets the definition 
provided in Sec. 1000.15 for milk marketing orders issued pursuant to 
the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. 
601-674.

[67 FR 49858, Aug. 1, 2002]



Sec. 1160.108  Fluid milk processor.

    (a) Fluid milk processor means any person who processes and markets 
commercially fluid milk products in consumer-type packages in the United 
States (excluding fluid milk products delivered directly to the place of 
residence of a consumer), except that the term fluid milk processor 
shall not include in each of the respective fiscal periods those persons 
who process and market not more than 3,000,000 pounds of such fluid milk 
products during the representative month, which shall be the first month 
of the fiscal period.
    (b) Any person who did not qualify as a fluid milk processor for a 
fiscal period because of the 3,000,000-pound limitation shall not later 
qualify as a fluid milk processor during that fiscal period even though 
the monthly volume limitation is later exceeded during that period.
    (c) Any person who qualified as a fluid milk processor for a fiscal 
period and whose monthly marketings of fluid milk products later become 
3,000,000 pounds or less shall no longer qualify as a fluid milk 
processor during that fiscal period beginning with the month in which 
the marketings first dropped below the volume limitation.
    (d) For the purpose of determining qualification as a fluid milk 
processor, each processor of fluid milk products shall report for the 
representative month of each fiscal period the hundredweight of fluid 
milk products processed and marketed by the processor.

[58 FR 62503, Nov. 29, 1993, as amended at 62 FR 3983, Jan. 28, 1997; 67 
FR 49858, Aug. 1, 2002]



Sec. 1160.109  Milk.

    Milk means any class of cow's milk produced in the United States.



Sec. 1160.110  Class I price.

    Class I price is the price that is established for Class I milk in 
each marketing area under milk marketing orders authorized by the 
Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. 601-
674.



Sec. 1160.111  Promotion.

    Promotion means the following activities:
    (a) Consumer Education, which means any program utilizing public 
relations, advertising or other means devoted to educating consumers 
about the desirable characteristics of fluid milk products and directed 
toward increasing the general demand for fluid milk products.
    (b) Advertising, which means any advertising or promotion program 
involving only fluid milk products and directed toward educating 
consumers about the positive attributes of fluid milk and increasing the 
general demand for fluid milk products.



Sec. 1160.112  Research.

    Research means market research to support advertising and promotion 
efforts, including educational activities, research directed to product 
characteristics, and product development, including new products or 
improved technology in production, manufacturing or processing of milk 
and the products of milk.

[62 FR 3983, Jan. 28, 1997]



Sec. 1160.113  Fiscal period.

    Fiscal period means the initial period of up to 30 months that this 
subpart is effective. Thereafter, the fiscal period shall be such annual 
period as the Board may determine, except that the Board may provide for 
a lesser or greater period as it may find appropriate for the period 
immediately after the initial fiscal period to assure continuity of 
fiscal periods until the beginning of the first annual fiscal period.

[62 FR 3983, Jan. 28, 1997]

[[Page 241]]



Sec. 1160.114  Eligible organization.

    Eligible organization means an organization eligible to nominate 
members of the Board and which meets the following criteria:
    (a) Is a nonprofit organization pursuant to section 501(c) (3), (5), 
or (6) of the Internal Revenue Code (26 U.S.C. 501(c) (3), (5), or (6));
    (b) Is governed by a board comprised of a majority of fluid milk 
processors; and
    (c) Represents fluid milk processors on a national basis whose 
members process more than 50 percent of the fluid milk products 
processed and marketed within the United States.



Sec. 1160.115  Milk marketing area.

    Milk marketing area means each area within which milk being marketed 
is subject to a milk marketing order issued pursuant to the Agricultural 
Marketing Agreement Act of 1937, as amended, 7 U.S.C. 601-674, or 
applicable state laws.



Sec. 1160.116  [Reserved]



Sec. 1160.117  Continuation referendum.

    Continuation referendum means that referendum among fluid milk 
processors that the Secretary shall conduct as provided in 
Sec. 1160.501.

              National Fluid Milk Processor Promotion Board



Sec. 1160.200  Establishment and membership.

    (a) There is hereby established a National Fluid Milk Processor 
Board of 20 members, 15 of whom shall represent geographic regions and 
five of whom shall be at-large members of the Board. To the extent 
practicable, members representing geographic regions shall represent 
fluid milk processing operations of differing sizes. No fluid milk 
processor shall be represented on the Board by more than three members. 
The at-large members shall include at least three fluid milk processors 
and at least one member from the general public. Except for the member 
or members from the general public, nominees appointed to the Board must 
be active owners or employees of a fluid milk processor. The failure of 
such a member to own or work for a fluid milk processor or its successor 
fluid milk processor shall disqualify that member for membership on the 
Board except that such member shall continue to serve on the Board for a 
period of up to six months following the disqualification or until 
appointment of a successor Board member to such position, whichever is 
sooner, provided that such person continues to meet the criteria for 
serving on the Board as a processor representative.
    (b) In selecting the 15 Board members who represent geographic 
regions, one member shall be selected from each of the following 
regions:

Region 1. Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, and Vermont.
Region 2. New York and New Jersey.
Region 3. Delaware, Maryland, Pennsylvania, Virginia, and the District 
of Columbia.
Region 4. Georgia, North Carolina and South Carolina.
Region 5. Florida.
Region 6. Ohio and West Virginia.
Region 7. Michigan, Minnesota, North Dakota, South Dakota and Wisconsin.
Region 8. Illinois and Indiana.
Region 9. Alabama, Kentucky, Louisiana, Mississippi and Tennessee.
Region 10. Texas.
Region 11. Arkansas, Iowa, Kansas, Missouri, Nebraska and Oklahoma.
Region 12. Arizona, Colorado, New Mexico, Nevada, and Utah.
Region 13. Idaho, Montana, Oregon, Washington and Wyoming.
Region 14. Northern California which shall be composed of the Northern 
California Marketing Area and the South Valley Marketing Area as defined 
by the Stabilization and Marketing Plan, as amended, issued by the 
California Department of Food and Agriculture pursuant to the provisions 
of Chapter 2, Part 3, Division 21, of the California Food and 
Agriculture Code, effective February 3, 1992.
Region 15. Southern California which shall be composed of the Southern 
California Marketing Area as defined by the Stabilization and Marketing 
Plan, as amended, issued by the California Department of Food and 
Agriculture pursuant to the provisions of Chapter 2, Part 3, Division 
21, of the California Food and Agriculture Code, effective February 3, 
1992.

[58 FR 62503, Nov. 29, 1993, as amended at 62 FR 3983, Jan. 28, 1997; 63 
FR 46639, Sept. 2, 1998; 65 FR 35810, June 6, 2000]

[[Page 242]]



Sec. 1160.201  Term of office.

    (a) The members of the Board shall serve for terms of three years, 
except that the members appointed to the initial Board shall serve 
proportionately, for terms of one year, two years, and three years, as 
determined by the Secretary. The terms of all Board members shall expire 
upon the suspension or termination of the order except as provided in 
Sec. 1160.502.
    (b) No member shall serve more than two consecutive terms, except 
that any member who is appointed to serve for an initial term of one or 
two years shall be eligible to be reappointed for two three-year terms. 
Appointment to another position on the Board is considered a consecutive 
term. Should a non-board member be appointed to fill a vacancy on the 
Board with a term of 18 months or less remaining, the appointee shall be 
entitled to serve two consecutive 3-year terms following the term of the 
vacant position to which the person was appointed.

[58 FR 62503, Nov. 29, 1993, as amended at 62 FR 3983, Jan. 28, 1997; 63 
FR 46639, Sept. 2, 1998]



Sec. 1160.202  Nominations.

    Nominations for members of the Board shall be made in the following 
manner:
    (a) The Secretary shall solicit nominations for the initial Board 
from individual fluid milk processors and other interested parties, 
including eligible organizations. Fluid milk processors and other 
interested parties may submit nominations for positions on the Board for 
regions in which they are located or market fluid milk, and for at-large 
members. Eligible organizations may submit a slate of nominees for seats 
in all regions and for at-large members.
    (b) After the appointment of the initial Board, the Secretary shall 
announce at least 180 days in advance of the expiration of members' 
terms that such terms are expiring, and shall solicit nominations for 
such positions in the manner described in paragraph (a) of this section. 
Nominations for such positions should be submitted to the Secretary not 
less than 120 days prior to the expiration of members' terms.



Sec. 1160.203  Nominee's agreement to serve.

    Each nominee for Board membership must file with the Secretary at 
the time of nomination a written agreement to serve on the Board if 
appointed.



Sec. 1160.204  Appointment.

    From the nominations made pursuant to Sec. 1160.202, the Secretary 
shall appoint the members of the Board on the basis of representation 
provided for in Secs. 1160.200 and 1160.201.



Sec. 1160.205  Vacancies.

    To fill any vacancy occasioned by the death, removal, resignation, 
or disqualification of any member of the Board, the Secretary shall 
appoint a successor from the most recent list of nominations made by 
individual fluid milk processors and other interested parties, including 
eligible organizations, for the Board, or from nominations made by the 
Board.



Sec. 1160.206  Procedure.

    (a) A majority of the members shall constitute a quorum at a 
properly convened meeting of the Board. Any action of the Board shall 
require the concurring votes of at least a majority of those present and 
voting. The Board shall establish rules concerning timely notice of 
meetings.
    (b) The Board may take action upon the concurring votes of a 
majority of members by mail, telephone, telegraph, or other means of 
electronic communication when, in the opinion of the chairperson of the 
Board, such action must be taken before a meeting can be called. Action 
taken by this emergency procedure is valid only if all members are 
notified and provided the opportunity to vote and any telephone vote is 
confirmed promptly in writing. Any action so taken shall have the same 
force and effect as though such action had been taken at a properly 
convened meeting of the Board.



Sec. 1160.207  Compensation and reimbursement.

    The members of the Board and trustees, if any, named under 
Sec. 1160.502, shall serve without compensation but shall

[[Page 243]]

be reimbursed for necessary and reasonable expenses incurred by them in 
the performance of their duties under this subpart.



Sec. 1160.208  Powers of the Board.

    The Board shall have the following powers:
    (a) To receive and evaluate, or on its own initiative develop, and 
budget for plans or projects to educate consumers and promote the use of 
fluid milk products and to make recommendations to the Secretary 
regarding such proposals;
    (b) To administer the provisions of this subpart in accordance with 
its terms and provisions;
    (c) To make rules and regulations to effectuate the terms and 
provisions of this subpart;
    (d) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this subpart;
    (e) To employ such persons as the Board deems necessary and 
determine the duties and compensation of such persons;
    (f) To contract with eligible organizations or other persons to 
conduct activities authorized pursuant to this subpart;
    (g) To select committees and subcommittees, to adopt bylaws, and to 
adopt such rules for the conduct of its business as it may deem 
advisable; the Board may establish working committees of persons other 
than Board members;
    (h) To recommend to the Secretary amendments to this subpart; and
    (i) With the approval of the Secretary, to invest, pending 
disbursement pursuant to a plan or project, funds collected through 
assessments authorized under Sec. 1160.211 in, and only in, obligations 
of the United States or any agency thereof, in general obligations of 
any State or any political subdivision thereof, in any interest-bearing 
account or certificate of deposit of a bank that is a member of the 
Federal Reserve System, or in obligations fully guaranteed as to 
principal and interest by the United States.

[58 FR 62503, Nov. 29, 1993, as amended at 63 FR 46639, Sept. 2, 1998]



Sec. 1160.209  Duties of the Board.

    The Board shall have the following duties:
    (a) To meet not less than annually, and to organize and select from 
among its members a chairperson, who may serve for a term of a fiscal 
period pursuant to Sec. 1160.113, and not more than two consecutive 
terms, and to select such other officers as may be necessary;
    (b) To prepare and submit to the Secretary for approval a budget for 
each fiscal period of the anticipated expenses and disbursements in the 
administration of this subpart, including a description of and the 
probable costs of consumer education, promotion and research projects;
    (c) To develop and submit to the Secretary for approval promotion 
and consumer education, and research plans or projects;
    (d) To the extent practicable, carry out consumer education and 
promotion programs under Sec. 1160.301 in such a manner as to ensure 
that advertising coverage in each of the regions defined in 
Sec. 1160.200 is proportionate to funds collected from each such region;
    (e) To disseminate information to fluid milk processors or eligible 
organizations;
    (f) To maintain minutes, books and records that accurately reflect 
all of the acts and transactions of the Board, which shall be available 
to the Secretary for inspection and audit, and prepare and promptly 
report minutes of each Board meeting to the Secretary and submit such 
reports from time to time to the Secretary as the Secretary may 
prescribe, and to account with respect to the receipt and disbursement 
of all funds entrusted to it;
    (g) To enter into contracts or agreements, with the approval of the 
Secretary, with such persons and organizations as the Board may approve 
for the development and conduct of activities authorized under this 
subpart and for the payment of the cost thereof with funds collected 
through assessments pursuant to Sec. 1160.211 and income from such 
assessments. Any such contract or agreement shall provide that:
    (1) The contractors shall develop and submit to the Board a plan or 
project

[[Page 244]]

together with a budget(s) showing the estimated cost of such plan or 
project;
    (2) Any such plan or project shall be adopted upon approval of the 
Secretary; and
    (3) The contracting party shall keep accurate records of all of its 
transactions and make periodic reports to the Board of all activities 
conducted pursuant to the contract or agreement, and provide accounts of 
all funds received and expended, and such other reports as the Secretary 
or the Board may require. The Secretary or employees of the Board 
periodically may audit the records of the contracting parties;
    (h) For the initial fiscal period, the Board shall contract, to the 
extent practicable and subject to the approval of the Secretary, with an 
eligible organization to carry out the provisions of this subpart;
    (i) To prepare and make public, at least annually, a report of its 
activities and an accounting for funds received and expended;
    (j) To have an audit of its financial statements conducted by a 
certified public accountant in accordance with generally accepted 
auditing standards, at the end of the first 15 months of the initial 
fiscal period, at the end of the initial fiscal period, and at least 
once each fiscal period thereafter as well as at such other times as the 
Secretary may request, and to submit a copy of each such audit report to 
the Secretary;
    (k) To give the Secretary the same notice of meetings of the Board 
and committees of the Board, including actions conducted under 
Sec. 1160.206(b), as is given to such Board or committee members in 
order that the Secretary, or a representative of the Secretary, may 
attend such meetings;
    (l) To submit to the Secretary such information pursuant to this 
subpart as may be requested;
    (m) The Board shall take reasonable steps to coordinate the 
collection of assessments, and promotion, education, and research 
activities of the Board, with the National Dairy Promotion and Research 
Board established under section 113(b) of the Dairy Production 
Stabilization Act of 1983 (7 U.S.C. 4504(b)); and
    (n) The Board shall conduct advertising using third parties only 
through contracts which shall prohibit the third party from selling, 
offering for sale, or otherwise making available advertising time or 
space to private industry members conducting brand-name advertising 
which immediately precedes, follows, appears in juxtaposition, or 
appears in the midst of Board-sponsored advertising.

[58 FR 62503, Nov. 29, 1993, as amended at 61 FR 27003, May 30, 1996; 62 
FR 3983, Jan. 28, 1997]



Sec. 1160.210  Expenses.

    (a) The Board is authorized to incur such expenses (including 
provision for a reasonable reserve) as the Secretary finds are 
reasonable and likely to be incurred by the Board for its 
administration, and to enable it to exercise its powers and perform its 
duties in accordance with the provisions of this subpart; except that, 
after the Board's first year, it shall not spend on its administration 
more than 5 percent of the assessments collected during any fiscal 
period subsequent to the initial fiscal period. Such administrative 
expenses shall be paid from assessments collected pursuant to 
Sec. 1160.211.
    (b) The Board shall reimburse the Secretary for administrative costs 
incurred by the Department from assessments collected pursuant to 
Sec. 1160.211.
    (c) Within 30 days after funds are remitted from Regions 14 and 15, 
the Board shall provide a grant of 80% of such funds to the entity 
authorized by the laws of the State of California to conduct an 
advertising program for fluid milk products in that State for the 
purpose of implementing a coordinated advertising program in the markets 
within those regions. Such grant shall be provided with the approval of 
the Secretary on the following conditions:
    (1) The granted funds shall be utilized to implement a fluid milk 
promotion campaign within the markets within those regions. Verification 
of the implementation of this program shall be provided to the Board.
    (2) The Board shall ensure that the recipients of these funds 
implement a research and evaluation program to determine the effect of 
such program on

[[Page 245]]

consumption of fluid milk within the region.
    (3) The recipient of these funds must provide to the Board data from 
the research and evaluation programs so that the Board can determine the 
effect of the program on consumption of fluid milk.



Sec. 1160.211  Assessments.

    (a) (1) Each fluid milk processor shall pay to the Board or its 
designated agent an assessment of $.20 per hundredweight of fluid milk 
products processed and marketed commercially in consumer-type packages 
in the United States by such fluid milk processor. Producer-handlers 
required to pay assessments under section 113(g) of the Dairy Production 
Stabilization Act of 1983 (7 U.S.C. 4504(g)), and not exempt under 
Sec. 1160.108, shall also pay the assessment under this subpart. No 
assessments are required on fluid milk products exported from the United 
States. The Secretary shall have the authority to receive assessments on 
behalf of the Board.
    (2) The Secretary shall announce the establishment of the assessment 
each month in the Class I price announcement in each milk marketing area 
by adding it to the Class I price for the following month. In the event 
the assessment is suspended for a given month, the Secretary shall 
inform all fluid milk processors of the suspension in the Class I price 
announcement for that month. The Secretary shall also inform fluid milk 
processors marketing fluid milk in areas not subject to milk marketing 
orders administered by the Secretary of the establishment or suspension 
of the assessment.
    (3) Each processor responsible for remitting an assessment shall 
remit it to the Board not later than the last day of the month following 
the month that the assessed milk was marketed.
    (b) Such assessments shall not:
    (1) Reduce the prices paid under the Federal milk marketing orders 
issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 
608c), reenacted with amendments by the Agricultural Marketing Agreement 
Act of 1937;
    (2) Otherwise be deducted from the amounts that handlers must pay to 
producers for fluid milk products sold to a processor; or
    (3) Otherwise be deducted from the price of milk paid to a producer 
by a handler, as determined by the Secretary.
    (c) Money remitted to the Board or the Board's designated agent 
shall be in the form of a negotiable instrument made payable to the 
Board or its agent, as the case may be. Processors must mail remittances 
and reports specified in Secs. 1160.108, 1160.211(a)(1), 1160.213, 
1160.214, and 1160.401 to the location designated by the Board or its 
agent.

[58 FR 62503, Nov. 29, 1993, as amended at 62 FR 3983, Jan. 28, 1997]



Sec. 1160.212  Influencing governmental action.

    No funds collected by the Board under this subpart shall in any 
manner be used for the purpose of influencing governmental policy or 
action, except to recommend to the Secretary amendments to this subpart.



Sec. 1160.213  Adjustment of accounts.

    Whenever the Board or the Secretary determines through an audit of a 
processor's reports, records, books or accounts or through some other 
means that additional money is due the Board or to such processor from 
the Board, the Board shall notify that person of the amount due or 
overpaid. If the processor owes money to the Board, it shall remit that 
amount by the next date for remitting assessments as provided in 
Sec. 1160.211. If the processor has overpaid, that amount shall be 
credited to its account and applied against amounts due in succeeding 
months.



Sec. 1160.214  Charges and penalties.

    (a) Late-payment charge. Any unpaid assessments shall be increased 
1.5 percent each month beginning with the day following the date such 
assessments were due. Any remaining amount due, which shall include any 
unpaid charges previously made pursuant to this section, shall be 
increased at the same rate on the corresponding day of each month 
thereafter until paid. For the purpose of this section, any assessment 
determined at a date later than prescribed by this subpart because of 
the failure of a processor to

[[Page 246]]

submit a report to the Board when due shall be considered to have been 
payable by the date it would have been due if the report had been filed 
when due. The receipt of a payment by the Board will be based on the 
earlier of the postmark date or the actual date of receipt.
    (b) Penalties. The Secretary may assess any person who violates any 
provision of this subpart a civil penalty of not less than $500 nor more 
than $5,000 for each such violation. In the case of a willful failure to 
pay an assessment as required by this subpart, in addition to the amount 
due, the Secretary may assess an additional penalty of not less than 
$10,000 nor more than $100,000 for each such violation. The amount of 
any such penalty shall accrue to the United States, which may recover 
such amount in a civil suit. The remedies provided in this section are 
in addition to, and not exclusive of, other remedies that may be 
available by law or in equity.

               Promotion, Consumer Education and Research



Sec. 1160.301  Promotion, consumer education and research.

    (a) The Board shall receive and evaluate, or on its own initiative 
develop, and submit to the Secretary for approval any plans or projects 
authorized in Secs. 1160.208 and 1160.209. Such plans or projects shall 
provide for:
    (1) The establishment, issuance, effectuation, and administration of 
consumer education, promotion and research activities with respect to 
fluid milk products; and
    (2) The evaluation of consumer education, promotion and research 
activities implemented under the direction of the Board, and the 
communication of such evaluation to fluid milk processors and the 
public.
    (b) The Board shall periodically review or evaluate each plan or 
project authorized under Sec. 1160.301(a) to ensure that it contributes 
to an effective program of promotion, consumer education and research. 
If the Board finds that any such plan or project does not further the 
purposes of the Act, the Board shall terminate that plan or project.
    (c) No plan or project authorized under Sec. 1160.301(a) may employ 
unfair or deceptive acts or practices with respect to the quality, value 
or use of any competing product.
    (d) No plan or project authorized under Sec. 1160.301(a) may make 
use of a brand or trade name of a fluid milk product, except that this 
paragraph does not preclude the Board from offering program material to 
commercial parties to use under such terms and conditions as the Board 
may prescribe, subject to approval by the Secretary.

                       Reports, Books and Records



Sec. 1160.401  Reports.

    Each fluid milk processor marketing milk and paying an assessment 
under Sec. 1160.211 shall be required to report upon the remittance of 
such assessments such information as the Board or the Secretary may 
require. Such information shall include but not be limited to the 
following:
    (a) The quantity of fluid milk products marketed that is subject to 
the collection of the assessment;
    (b) The amount of assessment remitted;
    (c) The reason, if necessary, why the remittance is less than the 
number of hundredweights of milk multiplied by 20 cents; and
    (d) The date any assessment was paid.



Sec. 1160.402  Books and records.

    Each person subject to this subpart shall maintain and make 
available for inspection by agents of the Board and the Secretary such 
books and records as are necessary to carry out the provisions of this 
subpart and the regulations issued hereunder, including such records as 
are necessary to verify any reports required. Such books and records 
shall be retained for at least two years beyond the fiscal period of 
their applicability.



Sec. 1160.403  Confidential treatment.

    (a) All persons, including agents and former agents of the Board, 
all officers and employees and all former officers and employees of the 
Department, and all officers and all employees and all

[[Page 247]]

former officers and employees of contracting agencies having access to 
commercial or financial information obtained from such books, records or 
reports under the Act and this subpart shall keep such information 
confidential, and not make it available to Board members. Only those 
persons, as determined by the Secretary, who have a specific need for 
such information in order to effectively administer the provisions of 
this subpart shall have access to such information. In addition, they 
shall disclose only that information the Secretary deems relevant, and 
then only in a suit or administrative hearing brought at the discretion, 
or upon the request, of the Secretary, or to which the Secretary or any 
officer of the United States is a party, and involving this subpart. 
Nothing in this section, however, shall be deemed to prohibit:
    (1) The issuance of general statements based upon the reports of the 
number of processors, individuals, groups of individuals, partnerships, 
corporations, associations, cooperatives, or other entities subject to 
this subpart or statistical data collected from such sources, which 
statements do not identify the information furnished by any such 
parties, and
    (2) The publication, at the direction of the Secretary, of the name 
of any processor, individuals, group of individuals, partnership, 
corporation, association, cooperative, or other entity that has been 
adjudged to have violated this subpart, together with a statement of the 
particular provisions of the subpart so violated.
    (b) Except as otherwise provided in this subpart, information 
obtained under this subpart may be made available to another agency of 
the Federal Government for a civil or criminal law enforcement activity 
if the activity is authorized by law and if the head of the agency has 
made a written request to the Secretary specifying the particular 
information desired and the law enforcement activity for which the 
information is sought.
    (c) Any person violating this section, on conviction, shall be 
subject to a fine of not more than $1,000 or to imprisonment for not 
more than 1 year, or both, and if such person is an agent of the Board 
or an officer or employee of the Department shall be removed from 
office.
    (d) Nothing in this subsection authorizes the Secretary to withhold 
information from a duly authorized committee or subcommittee of 
Congress.

                              Miscellaneous



Sec. 1160.501  Continuation referenda.

    (a) The Secretary at any time may conduct a referendum among those 
persons who the Secretary determines were fluid milk processors during a 
representative period, as determined by the Secretary, on whether to 
suspend or terminate the order. The Secretary shall hold such a 
referendum at the request of the Board or of any group of such 
processors that marketed during a representative period, as determined 
by the Secretary, 10 percent or more of the volume of fluid milk 
products marketed in the United States by fluid milk processors voting 
in the preceding referendum.
    (b) Any suspension or termination of the order on the basis of a 
referendum conducted pursuant to this section must be favored:
    (1) By at least 50 percent of the fluid milk processors voting in 
the referendum; and
    (2) By fluid milk processors voting in the referendum that marketed 
during a representative period, as determined by the Secretary, 40 
percent or more of the volume of fluid milk products marketed in the 
United States by fluid milk processors voting in the referendum.
    (c) If the Secretary determines that the suspension or termination 
of the order is favored in the manner set forth in Sec. 1160.501(b), the 
Secretary shall take such action within 6 months of such determination.

[58 FR 62503, Nov. 29, 1993, as amended at 62 FR 3983, Jan. 28, 1997]



Sec. 1160.502  Proceedings after suspension or termination.

    (a) Upon the suspension or termination of this subpart, the Board 
shall recommend to the Secretary not more than five of its members to 
serve as trustees for the purpose of liquidating

[[Page 248]]

the affairs of the Board. Once the Secretary has designated such members 
as trustees, they shall become trustees of all the funds and property 
that the Board owns, possesses, or controls, including unpaid and 
undelivered property or any other unpaid claim existing at the time of 
such termination. The actions of such trustees shall be subject to 
approval by the Secretary.
    (b) The said trustees shall:
    (1) Serve as trustees until discharged by the Secretary;
    (2) Carry out the obligations of the Board under any contract or 
agreements that it entered pursuant to Secs. 1160.208 and 1160.209;
    (3) Account for all receipts and disbursements and deliver to any 
person designated by the Secretary all property on hand, together with 
all books and records of the Board and the trustees; and
    (4) At the request of the Secretary, execute such assignments or 
other instruments necessary or appropriate to vest in the Secretary's 
designee full title and right to all of the funds, property, and claims 
of the Board or the trustees.
    (c) The Secretary's designee shall be subject to the same 
obligations with respect to funds, property or claims transferred or 
delivered pursuant to this subpart as the Board and the trustees.
    (d) The Board, the trustees or the Secretary's designee shall 
deliver to the Secretary any residual funds not required to pay 
liquidation expenses, which funds may be used, to the extent 
practicable, to continue one or more of the promotion, research or 
nutrition education plans or projects authorized pursuant to this 
subpart.



Sec. 1160.503  Effect of suspension, termination or amendment.

    Unless otherwise expressly provided by the Secretary, the suspension 
or termination of this subpart or of any regulation issued pursuant 
hereto, or the issuance of any amendment to either thereof, shall not:
    (a) Affect or waive any right, duty, obligation, or liability of the 
Board or its trustees which shall have arisen or which may hereafter 
arise in connection with any provision of this subpart or any regulation 
issued thereunder;
    (b) Release or extinguish any violation of this subpart or any 
regulation issued thereunder; or
    (c) Affect or impair any rights or remedies of the United States, 
the Secretary, or any person, with respect to any such violation.



Sec. 1160.504  Personal liability.

    No member or employee of the Board shall be held personally 
responsible, either individually or jointly, in any way whatsoever to 
any person for errors in judgment, mistakes, or other acts of either 
commission or omission by such member or employee, except for acts of 
dishonesty or willful misconduct.



Sec. 1160.505  Patents, copyrights, inventions and publications.

    (a) Any patents, copyrights, trademarks, inventions or publications 
developed through the use of funds collected under the provisions of 
this subpart are the property of the United States Government as 
represented by the Board, and shall, along with any rents, royalties, 
residual payments, or other income from the rental, sale, leasing, 
franchising, or other uses of such patents, copyrights, inventions, or 
publications, inure to the benefit of the Board. Section 1160.502 
governs the disposition of all such property upon suspension or 
termination of this subpart.
    (b) Should patents, copyrights, inventions, and publications be 
developed through the use of funds collected by the Board under this 
subpart, and funds contributed by another organization or person, 
ownership and related rights to such patents, copyrights, inventions, 
and publications shall be determined by the agreement between the Board 
and the party contributing funds towards the development of such patent, 
copyright, invention, and publication in a manner consistent with 
paragraph (a) of this section.

[58 FR 62503, Nov. 29, 1993, as amended at 63 FR 46639, Sept. 2, 1998]



Sec. 1160.506  Amendments.

    The Secretary may from time to time amend provisions of this 
subpart. Any interested person or organization

[[Page 249]]

affected by the provisions of the Act may propose amendments to the 
Secretary.



Sec. 1160.507  Report.

    The Secretary shall provide annually for an independent evaluation 
of the effectiveness of the fluid milk promotion program carried out 
under this subtitle during the previous fiscal year, in conjunction with 
the evaluation of the National Dairy Promotion and Research Board 
established under section 113(b) of the Dairy Production Stabilization 
Act of 1983 (7 U.S.C. 4504(b)).



Sec. 1160.508  Separability.

    If any provision of this subpart is declared invalid or the 
applicability thereof to any person or any circumstances is held 
invalid, such declaration or holding shall not offset the validity of 
the remainder of this subpart or the applicability thereof to other 
persons or circumstances.



 Subpart--Procedure for Conduct of Referenda in Connection with a Fluid 
                          Milk Promotion Order



Sec. 1160.600  General.

    Referenda to determine whether eligible fluid milk processors favor 
the issuance, continuance, termination or suspension of a Fluid Milk 
Promotion Order authorized by the Fluid Milk Promotion Act of 1990 shall 
be conducted in accordance with this subpart.



Sec. 1160.601  Definitions.

    As used in this subpart:
    (a) Act means the Fluid Milk Promotion Act of 1990 (Subtitle H of 
Title XIX of the Food, Agriculture, Conservation, and Trade Act of 1990, 
Pub. L. 101-624, 7 U.S.C. 6401-6417) and any amendments thereto.
    (b) Department means the United States Department of Agriculture.
    (c) Secretary means the Secretary of Agriculture of the United 
States or any officer or employee of the Department to whom authority 
has heretofore been delegated, or to whom authority may hereafter be 
delegated, to act in the Secretary's stead.
    (d) Administrator means the Administrator of the Agricultural 
Marketing Service, with power to redelegate, or any officer or employee 
of the Department to whom authority has been delegated or may hereafter 
be delegated to act in the Administrator's stead.
    (e) Order means a Fluid Milk Promotion Order, and any amendments 
thereto, authorized by the Act.
    (f) Board means the National Fluid Milk Processor Promotion Board 
established pursuant to the Act.
    (g) Assessment means the monies that are collected and remitted to 
the Board pursuant to the Act.
    (h) Person means any individual, group of individuals, partnership, 
corporation, association, cooperative association or other entity.
    (i) Fluid milk processor means any person who is defined as a fluid 
milk processor under the order, or under the proposed order on which the 
initial referendum is held.
    (j) Referendum agent means the person designated by the Secretary to 
conduct the referendum.
    (k) Representative period means the period designated by the 
Secretary pursuant to Sections 1999N and 1999O of the Act.



Sec. 1160.602  Conduct of referendum.

    (a) The referendum shall be conducted by mail in the manner 
prescribed in this subpart. The referendum agent may utilize such 
personnel or agencies of the Department as are deemed necessary by the 
Administrator. There shall be no voting except within the time specified 
by the referendum agent.
    (b) The referendum agent shall mail to each fluid milk processor 
that has properly registered to participate in the referendum:
    (1) A ballot containing a description of the question(s) upon which 
the referendum is being held;
    (2) Instructions for completing the ballot; and
    (3) A statement as to the time within which the ballot must be 
mailed to the referendum agent.

[[Page 250]]



Sec. 1160.603  Who may vote.

    (a) Each person who was a fluid milk processor during the 
representative period, as determined by the Secretary, and who at the 
time of voter registration and when voting is processing and marketing 
commercially fluid milk products in consumer-type packages in the United 
States shall be entitled to vote in a referendum, and no such person 
shall be refused a ballot. Any person casting more than one ballot with 
conflicting votes shall thereby invalidate all ballots cast by such 
person in such referendum. Each person voting shall have registered with 
the referendum agent prior to the voting period. Each ballot cast shall 
contain a certification by the person casting the ballot that such 
person is qualified to vote. All information required on the ballot 
pertinent to the identification of the person voting must be supplied 
and certified to as being correct in order for the ballot to be valid.
    (b) Voting by proxy or agent will not be permitted. However, the 
ballot of a fluid milk processor who is other than an individual may be 
cast by a person who is duly authorized to do so, and such ballot shall 
contain a certification by such person that the entity on whose behalf 
the ballot is cast was a fluid milk processor during the representative 
period. All information required on the ballot pertinent to the 
identification of the fluid milk processor on whose behalf the ballot is 
cast must be supplied and certified to as being correct in order for the 
ballot to be valid.



Sec. 1160.604  Duties of the referendum agent.

    The referendum agent, in addition to any other duties imposed by 
this subpart, shall:
    (a) For the purpose of adjusting the rate of assessment, determine 
and publicly announce prior to the voting period the total volume of 
fluid milk products marketed by all processors of fluid milk in the 
United States during the representative period and the portion of such 
volume that must be represented by those fluid milk processors voting in 
favor of the question included on the ballot if the referendum question 
is to pass.
    (b)(1) Within 12 days after the deadline for registering to vote in 
the referendum, the referendum agent shall make available upon request a 
list of those fluid milk processors that properly registered. Any 
challenge of a processor's eligibility to vote must be received by the 
referendum agent within 17 days of the deadline for voter registration.
    (2) If the voting eligibility of any fluid milk processor is 
challenged within the timeframe specified in Sec. 1160.604(b)(1), the 
referendum agent shall review the challenge and make a final 
determination regarding the processor's eligibility to vote.
    (3) Prior to the time of mailing ballots to fluid milk processors, 
the referendum agent shall prepare a final list of eligible voters and 
make such list available upon request.
    (c) Verify the eligibility of all persons voting in the referendum 
by reviewing all ballots cast to assure that each ballot:
    (1) Was mailed within the prescribed time;
    (2) Contains all certifications required attesting to the 
eligibility of the person to vote, and that the person voting filed with 
the referendum agent prior to the voting period the advance registration 
required pursuant to Sec. 1160.606(a)(1); and
    (3) Was completed with respect to all necessary information 
pertinent to the identification of the person voting so that additional 
verification can be conducted by the referendum agent to substantiate 
the eligibility of each such person to vote.
    (d) Conduct further verification, as necessary, to determine the 
eligibility of each person to vote. Such verification may be completed 
by reviewing readily available sources of information, including the 
following:
    (1) Records of the Department;
    (2) Fluid milk processors' records; and
    (3) Any other reliable sources of information which may be available 
to the referendum agent.
    (e) Further verify ballots to avoid a duplication of votes. The 
following criteria shall serve as a guide:

[[Page 251]]

    (1) Each fluid milk processor that is other than an individual shall 
be regarded as one person for voting purposes;
    (2) No more than one vote may be cast on behalf of any one fluid 
milk processor; and
    (3) In the event that more than one individual claim the right to 
vote and cast a ballot for a fluid milk processor, concurring votes of 
such individuals shall be treated as one vote while any conflicting 
votes shall thereby invalidate all ballots cast by such individuals.

[58 FR 62503, Nov. 29, 1993, as amended at 62 FR 3983, Jan. 28, 1997]



Sec. 1160.605  Scheduling of referendum.

    A referendum shall be held:
    (a) Whenever prescribed by the order;
    (b) For the purpose of adjusting the rate of assessment:
    (1) At the direction of the Secretary; or
    (2) Upon request of the Board or upon request of any group of fluid 
milk processors that marketed during a representative period, as 
determined by the Secretary, 10 percent or more of the volume of fluid 
milk products marketed by all processors of fluid milk in the United 
States during that period; or
    (c) For the purpose of suspending or terminating the order:
    (1) At the direction of the Secretary; or
    (2) Upon request of the Board or upon request of any group of fluid 
milk processors that marketed during a representative period, as 
determined by the Secretary, 10 percent or more of the volume of fluid 
milk products marketed by fluid milk processors voting in the preceding 
referendum.

[62 FR 3984, Jan. 28, 1997]



Sec. 1160.606  Notice of referendum.

    The referendum agent shall provide at least 30 days' notice of any 
referendum authorized by the Act by:
    (a) Mailing to each known person processing fluid milk products a 
notice of referendum, which shall include:
    (1) An advance registration form to be filed with the referendum 
agent prior to the voting period by any person choosing to vote in the 
referendum, with a statement as to the time within which the 
registration form must be mailed to the referendum agent;
    (2) A copy of the final rule, when applicable;
    (3) A sample ballot containing a description of the question(s) upon 
which the referendum is being held; and
    (4) Rules for participating in the referendum, including a statement 
as to the time within which the ballot must be mailed to the referendum 
agent; and
    (b) Giving public notice of the referendum:
    (1) By furnishing press releases and other information to available 
media of public information (including but not limited to press, radio, 
and television facilities) announcing the time within which ballots must 
be completed and mailed to the referendum agent, eligibility 
requirements, required certifications to cast a valid ballot, where 
additional information, ballots and instructions may be obtained, and 
other pertinent information; and
    (2) By such other means as the referendum agent may deem advisable.



Sec. 1160.607  Tabulation of ballots.

    (a) The referendum agent shall verify the validity of all ballots 
cast in accordance with the instructions and requirements specified in 
Secs. 1160.602 through 1160.606. Ballots that are not valid shall be 
marked ``disqualified'' with a notation on the ballot as to the reason 
for the disqualification.
    (b) The total number of ballots cast, including the disqualified 
ballots, shall be ascertained. The number of ballots cast approving, the 
number of ballots cast disapproving, and the pounds of fluid milk 
products distributed during the representative period by the processors 
represented in each grouping of ballots, shall also be ascertained. The 
ballots marked ``disqualified'' shall not be considered as approving or 
disapproving, and the persons who cast such ballots shall not be 
regarded as participating in the referendum.
    (c) The referendum agent shall notify the Administrator of the 
number of ballots cast, the count of the votes, the number of 
disqualified ballots, and the

[[Page 252]]

volume of fluid milk products associated with the ballots cast as 
prescribed in Sec. 1160.607(b). The referendum agent shall seal the 
ballots and transmit to the Administrator a complete detailed report of 
all actions taken in connection with the referendum and all other 
information furnished to or compiled by the referendum agent.
    (d) Announcement of the results of the referendum will be made only 
at the direction of the Secretary. The referendum agent or others who 
assist in the referendum shall not disclose the results of the 
referendum or the total number of ballots and votes cast.



Sec. 1160.608  Confidential information.

    The ballots cast, the identity of any person who voted, or the 
manner in which any person voted and all information furnished to, 
compiled by, or in the possession of the referendum agent, except the 
list of eligible voters, shall be regarded as confidential.



Sec. 1160.609  Supplementary instructions.

    The Administrator is authorized to issue instructions and to 
prescribe forms and ballots, not inconsistent with the provisions of 
this subpart, to govern the conduct of referenda by referendum agents.

                       PARTS 1161-1199 [RESERVED]


[[Page 253]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected



[[Page 255]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2003)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2 [Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)

[[Page 256]]

    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6 [Reserved]



                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)

[[Page 257]]

        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)

[[Page 258]]

     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--599)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 1000-
                -1099)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)

[[Page 259]]

        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

[[Page 260]]

        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

[[Page 261]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 800-
                -899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 1600-
                -1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 262]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 263]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 0-
                -99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)

[[Page 264]]

        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 200-
                -399)
        IV  Secret Service, Department of the Treasury (Parts 400-
                -499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

[[Page 265]]

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 200-
                -399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

[[Page 266]]

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 300-
                -399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)

[[Page 267]]

       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300--99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-70)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

[[Page 268]]

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)

[[Page 269]]

     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 300-
                -399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)

[[Page 270]]

        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

[[Page 271]]

        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Transportation (Parts 1500--1599)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 273]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 2003)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII

[[Page 274]]

Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 275]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I, IV, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II

[[Page 276]]

Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F

[[Page 277]]

  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V

[[Page 278]]

  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I, XI; 40, 
                                                  IV
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II

[[Page 279]]

Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
   Certain Employees
[[Page 280]]

Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II

[[Page 281]]

  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Security Administration          49, XII
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 283]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000,'' published in 
11 separate volumes.

                                  2001

7 CFR
                                                                   66 FR
                                                                    Page
Chapter X
1007.7 (c) correctly revised; CFR correction.......................54909

                                  2002

7 CFR
                                                                   67 FR
                                                                    Page
Chapter X
1030.7 (g) amended; interim........................................19508
1030.13 Introductory text revised; (d)(3) redesignated as (d)(4); 
        new (d)(3) and (e) added; interim..........................19508
1033.7 (c)(i)(iii), (e) introductory text and (h)(6) amended; 
        (c)(1)(iv) and (h)(7) removed; (c)(2), (4) and (d)(2) 
        revised; interim...........................................48744
1033.13 (d)(3) through (6) redesignated as (d)(4) through (7); 
        (d)(2) and new (d)(4) revised; new (d)(3) added; interim 
                                                                   48744
1124.7 (c)(2) and (3) removed; (c)(4) redesignated as (c)(2); (d) 
        and (f) added; (g) revised; interim........................69669
1124.13 (e)(1) through (5) redesignated as (e)(2) through (6); new 
        (e)(1) added; new (e)(2), (5) and (6) revised; interim.....69669
1160.107 Revised...................................................49858
1160.108 (a) revised; (b) and (c) amended..........................49858


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