[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Rules and Regulations]
[Pages 47898-48021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22202]
[[Page 47897]]
_______________________________________________________________________
Part II
Department of Agriculture
_______________________________________________________________________
Agricultural Marketing Service
_______________________________________________________________________
7 CFR Parts 1000, et al.
Milk in the New England and Other Marketing Areas; Order Amending the
Orders; Final Rule
Federal Register / Vol. 64, No. 169 / Wednesday, September 1, 1999 /
Rules and Regulations
[[Page 47898]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 1000, 1001, 1002, 1004, 1005, 1006, 1007, 1012, 1013,
1030, 1032, 1033, 1036, 1040, 1044, 1046, 1049, 1050, 1064, 1065,
1068, 1076, 1079, 1106, 1124, 1126, 1131, 1134, 1135, 1137, 1138
and 1139
[DA-97-12]
Milk in the New England and Other Marketing Areas; Order Amending
the Orders
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
------------------------------------------------------------------------
7 CFR part Marketing area
------------------------------------------------------------------------
1000.............................. General Provisions of Federal Milk
Marketing Orders.
1001.............................. New England.
1002.............................. New York-New Jersey.
1004.............................. Middle Atlantic.
1005.............................. Carolina.
1006.............................. Upper Florida.
1007.............................. Southeast.
1012.............................. Tampa Bay.
1013.............................. Southeastern Florida.
1030.............................. Chicago Regional.
1032.............................. Southern Illinois-Eastern Missouri.
1033.............................. Ohio Valley.
1036.............................. Eastern Ohio-Western Pennsylvania.
1040.............................. Southern Michigan.
1044.............................. Michigan Upper Peninsula.
1046.............................. Louisville-Lexington-Evansville.
1049.............................. Indiana.
1050.............................. Central Illinois.
1064.............................. Greater Kansas City.
1065.............................. Nebraska-Western Iowa.
1068.............................. Upper Midwest.
1076.............................. Eastern South Dakota.
1079.............................. Iowa.
1106.............................. Southwest Plains.
1124.............................. Pacific Northwest.
1126.............................. Texas.
1131.............................. Central Arizona.
1134.............................. Western Colorado.
1135.............................. Southwestern Idaho-Eastern Oregon.
1137.............................. Eastern Colorado.
1138.............................. New Mexico-West Texas.
1139.............................. Great Basin.
------------------------------------------------------------------------
SUMMARY: This final rule consolidates the current 31 Federal milk
marketing orders into 11 orders. This consolidation complies with the
1996 Farm Bill which mandates that the current Federal milk orders be
consolidated into between 10 to 14 orders. This final rule will be
effective for milk marketed on or after October 1, 1999, thereby
conforming to the Omnibus Consolidated and Emergency Supplemental
Appropriations Bill, which required that the Federal milk order reform
amendments be implemented on October 1, 1999. This rule sets forth a
replacement for the Class I price structure and replaces the basic
formula price with a multiple component pricing system. This rule also
establishes a new Class IV which includes milk used to produce nonfat
dry milk, butter, and other dry milk powders; reclassifies eggnog; and
addresses other minor changes. Part 1000 is expanded to include
sections that are identical in all of the consolidated orders to assist
in simplifying and streamlining the orders.
EFFECTIVE DATE: October 1, 1999.
FOR FURTHER INFORMATION CONTACT: John F. Borovies, Branch Chief, USDA/
AMS/Dairy Programs, Order Formulation Branch, Room 2971, South
Building, P.O. Box 96456, Washington, DC 20090-6456, (202) 720-6274, e-
mail address John.B[email protected].
SUPPLEMENTARY INFORMATION:
Executive Order 12988
The contents of this final rule were reviewed under Executive Order
12988, Civil Justice Reform. This rule is not intended to have a
retroactive effect and will not preempt any state or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with the rule.
The Agricultural Marketing Agreement Act of 1937 (AMAA), as
amended, provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may request modification or
exemption from such order by filing with the Secretary a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law. A
handler is afforded the opportunity for a hearing on the petition.
After a hearing, the Secretary would rule on the petition. The Act
provides that the district court of the United States in any district
in which the handler is an inhabitant, or has its principal place of
business, has jurisdiction in equity to review the Secretary's ruling
on the petition, provided a bill in equity is filed not later than 20
days after the date of the entry of the ruling.
Executive Order 12866
The Department is issuing this final rule in conformance with
Executive Order 12866. The final rule is determined to be economically
significant for the purposes of Executive Order 12866. To comply with
the requirements of Executive Order 12866, the Department prepared a
final Regulatory Impact Analysis (RIA). Information contained in the
RIA pertains to the costs and benefits of the revised regulatory
structure contained in this final rule and is explained and summarized
in detail in the final decision (64 FR 16030). Copies of the RIA can be
obtained from Dairy Programs at (202) 720-4392, any Market
Administrator office, or via the Internet at http://www.ams.usda.gov/
dairy.
Civil Rights Impact Analysis
Pursuant to Departmental Regulation (DR) 4300-4, a Civil Rights
Impact Analysis (CRIA) was completed that reviewed the reforms to the
Federal milk marketing order program implemented by this final rule to
identify any provisions with actual or potential adverse effects for
minorities, women, and persons with disabilities. The analysis
disclosed no potential for affecting dairy farmers with specific
characteristics differently than the general population of dairy
farmers. All producers, regardless of race, national origin, or
disability choosing to deliver milk to a Federal order regulated
handler will receive the minimum blend price.
Copies of the Civil Rights Impact Analysis can be obtained from
Dairy Programs at (202) 720-4392; any Market Administrator office; or
via the Internet at http://www.ams.usda.gov/dairy/.
Small Business Consideration
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), the Agricultural Marketing
Service (AMS) considered the economic impact of the reforms to the
Federal milk marketing order program implemented by this final rule on
small entities and prepared a final regulatory flexibility analysis
that was included in the final decision (64 FR 16034). The analysis
indicates that the Department minimized the significant economic
impacts of the regulations on small entities to the fullest extent
reasonably possible while adhering to the stated objectives. The
Department reviewed the regulatory and financial burdens resulting from
the regulations and determined, to the fullest extent possible, the
impact on small businesses' abilities to compete in the market place.
The Department reviewed the regulations from both the small producer
and small processor perspectives attempting to maintain a balance
between these competing interests.
Copies of the final regulatory impact analysis can be obtained from
Dairy Programs at (202) 720-4392; any Market
[[Page 47899]]
Administrator office; or via the Internet at http://www.ams.usda.gov/
dairy/.
Paperwork Reduction Act of 1995
The information collection requirements contained in this final
rule previously were approved by the Office of Management and Budget
(OMB) pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35) under OMB control number 0581-0032, through September 30,
2001.
Prior Documents in This Proceeding
Proposed Rule: Issued January 21, 1998; published January 30, 1998
(63 FR 4802).
Correction: Issued February 19, 1998; published February 25, 1998
(63 FR 9686).
Extension of Time: Issued March 10, 1998; published March 13,1998
(63 FR 12417).
Final Decision on Proposed Amendments: Issued March 12, 1999;
published April 2, 1999 (64 FR 16026).
Correction: Issued July 8, 1999; published July 14, 1999 (64 FR
37892).
Notice of Referenda: Issued July 14, 1999; published July 21, 1999
(64 FR 39092).
Findings and Determinations
The findings and determinations hereinafter set forth supplement
those that were made when the aforesaid orders were first issued and
when they were amended. The previous findings and determinations are
hereby ratified and confirmed, except where they may conflict with
those set forth herein.
The following findings are hereby made with respect to each of the
aforesaid orders:
Upon the basis of the record of this proceeding it is found that:
(1) The said orders, as hereby amended, and all of the terms and
conditions thereof, will tend to effectuate the declared policy of the
Act;
(2) The parity prices of milk, as determined pursuant to section 2
of the Act, are not reasonable in view of the price of feeds, available
supplies of feeds, and other economic conditions which affect market
supply and demand for milk in the marketing areas, and the minimum
prices specified in the orders, as hereby amended, are such prices as
will reflect the aforesaid factors, insure a sufficient quantity of
pure and wholesome milk, and be in the public interest;
(3) The said orders, as hereby amended, regulate the handling of
milk in the same manner as, and are applicable only to persons in the
respective classes of industrial and commercial activity specified in,
marketing agreements;
(4) All milk and milk products handled by handlers, as defined in
the orders as hereby amended, are in the current of interstate commerce
or directly burden, obstruct, or affect interstate commerce in milk or
its products; and
(5) It is hereby found that the necessary expense of the market
administrators for the maintenance and functioning of such agency will
require the payment by each handler, as his pro rata share of such
expense, 5 cents per hundredweight or such lesser amount as the
Secretary may prescribe, with respect to milk specified in Sec. 1000.85
of the General Provisions.
(b) Additional Findings. It is necessary in the public interest to
make these amendments to each of the orders effective for milk marketed
on or after October 1, 1999. Any delay beyond that date would tend to
disrupt the orderly marketing of milk in the specified marketing areas.
The amendments to these orders are known to handlers. The final
decision containing the proposed amendments to these orders was issued
on March 12, 1999.
(c) Determinations. It is hereby determined that:
(1) The refusal or failure of handlers (excluding cooperative
associations specified in Sec. 8c(9) of the Act) of more than 50
percent of the milk, which is marketed within the specified marketing
areas, to sign proposed marketing agreements, tends to prevent the
effectuation of the declared policy of the Act;
(2) The issuance of this order amending each of the specified
orders is the only practical means pursuant to the declared policy of
the Act of advancing the interests of producers as defined in the
respective orders as hereby amended; and
(3) The issuance of the order amending the specified orders is
favored by at least two-thirds of the producers who were engaged in the
production of milk for sale in the marketing areas.
List of Subjects in 7 CFR Parts 1000, 1001, 1002, 1004, 1005, 1006,
1007, 1012, 1013, 1030, 1032, 1033, 1036, 1040, 1044, 1046, 1049,
1050, 1064, 1065, 1068, 1076, 1079, 1106, 1124, 1126, 1131, 1134,
1135, 1137, 1138 and 1139
Milk marketing orders.
Order Relative to Handling
It is therefore ordered, that on and after the effective date
hereof, the handling of milk in each of the aforesaid marketing areas
shall be in conformity to and in compliance with the terms and
conditions of the orders, as amended, and as hereby further amended, as
follows:
For the reasons set forth in the preamble and under the authority
of Title 7, chapter X, Parts 1000, 1001, 1005, 1006, 1007, 1030, 1032,
1033, 1124, 1126, 1131, and 1135 are revised and Parts 1002, 1004,
1012, 1013, 1036, 1040, 1044, 1046, 1049, 1050, 1064, 1065, 1068, 1076,
1079, 1106, 1134, 1137, 1138 and 1139 are removed and reserved as
follows:
PART 1000--GENERAL PROVISIONS OF FEDERAL MILK MARKETING ORDERS
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.
[[Page 47900]]
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 [Reserved]
1000.92 [Reserved]
1000.93 OMB control number assigned pursuant to the Paperwork
Reduction Act.
Authority: 7 U.S.C. 601-674, and 7253.
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.
(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.
(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.
[[Page 47901]]
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.
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;
(7) Furnish each regulated handler a written statement of such
handler's accounts with the market administrator promptly each month.
Furnish a
[[Page 47902]]
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;
(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
[[Page 47903]]
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 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) Plastic cream, anhydrous milkfat, and butteroil; and
(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; 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 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.
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
[[Page 47904]]
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 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 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
[[Page 47905]]
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) 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 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
[[Page 47906]]
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.
(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 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, rounded to
the nearest cent, shall be .965 times the Class I skim milk price plus
3.5 times the Class I butterfat price.
(b) Class I skim milk price. The Class I skim milk price per
hundredweight shall be the adjusted Class I differential
[[Page 47907]]
specified in Sec. 1000.52 plus the higher of the advanced pricing
factors computed in paragraph (q)(1) or (2) of this section.
(c) Class I butterfat price. The Class I butterfat price per pound
shall be the adjusted Class I differential specified in Sec. 1000.52
divided by 100, plus the advanced butterfat price computed in paragraph
(q)(3) 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 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 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 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) Butterfat price. The 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 11.4 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 13.7 cents, with the result divided by 1.02.
(n) Protein price. The protein price per pound, rounded to the
nearest one-hundredth cent, shall be computed as follows:
(1) Compute a weighted average of the amounts described in
paragraphs (n)(1)(i) and (ii) of this section:
(i) The U.S. average NASS survey price for 40-lb. block cheese
reported by the Department for the month; and
(ii) The U.S. average NASS survey price for 500-pound barrel
cheddar cheese (39 percent moisture) reported by the Department for the
month plus 3 cents;
(2) Subtract 17.02 cents from the price computed pursuant to
paragraph (n)(1) of this section and multiply the result by 1.405;
(3) Add to the amount computed pursuant to paragraph (n)(2) of this
section an amount computed as follows:
(i) Subtract 17.02 cents from the price computed pursuant to
paragraph (n)(1) of this section and multiply the result by 1.582;
(ii) Subtract the butterfat price computed pursuant to paragraph
(l) of this section from the amount computed pursuant to paragraph
(n)(3)(i) of this section; and
(iii) Multiply the amount computed pursuant to paragraph (n)(3)(ii)
of this section by 1.28.
(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 13.7
cents, with the result divided by 0.968.
(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 (n)(1) 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
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) An advanced butterfat price per pound, rounded to the nearest
one-hundredth cent, shall be calculated by computing a weighted average
of the 2 most recent U.S. average NASS AA Butter survey prices
announced before the 24th day of the month, subtracting 11.4 cents from
this average, and dividing the result by 0.82.
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 2.90
BALDWIN..................................... AL 01003 3.30
BARBOUR..................................... AL 01005 3.20
BIBB........................................ AL 01007 2.70
[[Page 47908]]
BLOUNT...................................... AL 01009 2.55
BULLOCK..................................... AL 01011 3.10
BUTLER...................................... AL 01013 3.20
CALHOUN..................................... AL 01015 2.70
CHAMBERS.................................... AL 01017 2.90
CHEROKEE.................................... AL 01019 2.55
CHILTON..................................... AL 01021 2.70
CHOCTAW..................................... AL 01023 3.10
CLARKE...................................... AL 01025 3.10
CLAY........................................ AL 01027 2.80
CLEBURNE.................................... AL 01029 2.70
COFFEE...................................... AL 01031 3.20
COLBERT..................................... AL 01033 2.25
CONECUH..................................... AL 01035 3.20
COOSA....................................... AL 01037 2.80
COVINGTON................................... AL 01039 3.20
CRENSHAW.................................... AL 01041 3.20
CULLMAN..................................... AL 01043 2.55
DALE........................................ AL 01045 3.20
DALLAS...................................... AL 01047 2.90
DE KALB..................................... AL 01049 2.25
ELMORE...................................... AL 01051 2.90
ESCAMBIA.................................... AL 01053 3.30
ETOWAH...................................... AL 01055 2.55
FAYETTE..................................... AL 01057 2.70
FRANKLIN.................................... AL 01059 2.25
GENEVA...................................... AL 01061 3.30
GREENE...................................... AL 01063 2.70
HALE........................................ AL 01065 2.70
HENRY....................................... AL 01067 3.20
HOUSTON..................................... AL 01069 3.30
JACKSON..................................... AL 01071 2.25
JEFFERSON................................... AL 01073 2.70
LAMAR....................................... AL 01075 2.70
LAUDERDALE.................................. AL 01077 2.20
LAWRENCE.................................... AL 01079 2.25
LEE......................................... AL 01081 2.90
LIMESTONE................................... AL 01083 2.25
LOWNDES..................................... AL 01085 3.10
MACON....................................... AL 01087 3.10
MADISON..................................... AL 01089 2.25
MARENGO..................................... AL 01091 3.10
MARION...................................... AL 01093 2.55
MARSHALL.................................... AL 01095 2.25
MOBILE...................................... AL 01097 3.30
MONROE...................................... AL 01099 3.20
MONTGOMERY.................................. AL 01101 3.10
MORGAN...................................... AL 01103 2.25
PERRY....................................... AL 01105 2.70
PICKENS..................................... AL 01107 2.70
PIKE........................................ AL 01109 3.20
RANDOLPH.................................... AL 01111 2.80
RUSSELL..................................... AL 01113 3.10
ST. CLAIR................................... AL 01115 2.70
SHELBY...................................... AL 01117 2.70
SUMTER...................................... AL 01119 2.70
TALLADEGA................................... AL 01121 2.70
TALLAPOOSA.................................. AL 01123 2.90
TUSCALOOSA.................................. AL 01125 2.70
WALKER...................................... AL 01127 2.70
WASHINGTON.................................. AL 01129 3.10
WILCOX...................................... AL 01131 3.10
WINSTON..................................... AL 01133 2.55
APACHE...................................... AZ 04001 1.90
COCHISE..................................... AZ 04003 1.60
COCONINO.................................... AZ 04005 1.90
GILA........................................ AZ 04007 1.60
GRAHAM...................................... AZ 04009 1.60
GREENLEE.................................... AZ 04011 1.60
LA PAZ...................................... AZ 04012 1.60
MARICOPA.................................... AZ 04013 1.55
[[Page 47909]]
MOHAVE...................................... AZ 04015 1.90
NAVAJO...................................... AZ 04017 1.90
PIMA........................................ AZ 04019 1.60
PINAL....................................... AZ 04021 1.55
SANTA CRUZ.................................. AZ 04023 1.60
YAVAPAI..................................... AZ 04025 1.60
YUMA........................................ AZ 04027 1.60
ARKANSAS.................................... AR 05001 2.65
ASHLEY...................................... AR 05003 2.75
BAXTER...................................... AR 05005 1.90
BENTON...................................... AR 05007 1.70
BOONE....................................... AR 05009 1.70
BRADLEY..................................... AR 05011 2.65
CALHOUN..................................... AR 05013 2.65
CARROLL..................................... AR 05015 1.70
CHICOT...................................... AR 05017 2.75
CLARK....................................... AR 05019 2.35
CLAY........................................ AR 05021 2.35
CLEBURNE.................................... AR 05023 2.10
CLEVELAND................................... AR 05025 2.65
COLUMBIA.................................... AR 05027 2.35
CONWAY...................................... AR 05029 2.10
CRAIGHEAD................................... AR 05031 2.65
CRAWFORD.................................... AR 05033 1.90
CRITTENDEN.................................. AR 05035 2.65
CROSS....................................... AR 05037 2.65
DALLAS...................................... AR 05039 2.35
DESHA....................................... AR 05041 2.75
DREW........................................ AR 05043 2.75
FAULKNER.................................... AR 05045 2.35
FRANKLIN.................................... AR 05047 1.90
FULTON...................................... AR 05049 2.10
GARLAND..................................... AR 05051 2.10
GRANT....................................... AR 05053 2.35
GREENE...................................... AR 05055 2.35
HEMPSTEAD................................... AR 05057 2.10
HOT SPRING.................................. AR 05059 2.35
HOWARD...................................... AR 05061 2.10
INDEPENDENCE................................ AR 05063 2.35
IZARD....................................... AR 05065 2.10
JACKSON..................................... AR 05067 2.35
JEFFERSON................................... AR 05069 2.65
JOHNSON..................................... AR 05071 1.90
LAFAYETTE................................... AR 05073 2.35
LAWRENCE.................................... AR 05075 2.35
LEE......................................... AR 05077 2.65
LINCOLN..................................... AR 05079 2.65
LITTLE RIVER................................ AR 05081 2.10
LOGAN....................................... AR 05083 1.90
LONOKE...................................... AR 05085 2.35
MADISON..................................... AR 05087 1.70
MARION...................................... AR 05089 1.90
MILLER...................................... AR 05091 2.10
MISSISSIPPI................................. AR 05093 2.65
MONROE...................................... AR 05095 2.65
MONTGOMERY.................................. AR 05097 2.10
NEVADA...................................... AR 05099 2.35
NEWTON...................................... AR 05101 1.90
OUACHITA.................................... AR 05103 2.35
PERRY....................................... AR 05105 2.10
PHILLIPS.................................... AR 05107 2.65
PIKE........................................ AR 05109 2.10
POINSETT.................................... AR 05111 2.65
POLK........................................ AR 05113 2.10
POPE........................................ AR 05115 1.90
PRAIRIE..................................... AR 05117 2.65
PULASKI..................................... AR 05119 2.35
RANDOLPH.................................... AR 05121 2.10
ST. FRANCIS................................. AR 05123 2.65
SALINE...................................... AR 05125 2.35
SCOTT....................................... AR 05127 1.90
[[Page 47910]]
SEARCY...................................... AR 05129 1.90
SEBASTIAN................................... AR 05131 1.90
SEVIER...................................... AR 05133 2.10
SHARP....................................... AR 05135 2.10
STONE....................................... AR 05137 2.10
UNION....................................... AR 05139 2.65
VAN BUREN................................... AR 05141 2.10
WASHINGTON.................................. AR 05143 1.70
WHITE....................................... AR 05145 2.35
WOODRUFF.................................... AR 05147 2.65
YELL........................................ AR 05149 2.10
ALAMEDA..................................... CA 06001 1.75
ALPINE...................................... CA 06003 1.20
AMADOR...................................... CA 06005 1.20
BUTTE....................................... CA 06007 1.65
CALAVERAS................................... CA 06009 1.20
COLUSA...................................... CA 06011 1.80
CONTRA COSTA................................ CA 06013 1.75
DEL NORTE................................... CA 06015 1.80
EL DORADO................................... CA 06017 1.20
FRESNO...................................... CA 06019 1.40
GLENN....................................... CA 06021 1.80
HUMBOLDT.................................... CA 06023 1.80
IMPERIAL.................................... CA 06025 1.60
INYO........................................ CA 06027 1.50
KERN........................................ CA 06029 1.60
KINGS....................................... CA 06031 1.40
LAKE........................................ CA 06033 1.80
LASSEN...................................... CA 06035 1.65
LOS ANGELES................................. CA 06037 1.60
MADERA...................................... CA 06039 1.40
MARIN....................................... CA 06041 1.80
MARIPOSA.................................... CA 06043 1.20
MENDOCINO................................... CA 06045 1.80
MERCED...................................... CA 06047 1.40
MODOC....................................... CA 06049 1.65
MONO........................................ CA 06051 1.20
MONTEREY.................................... CA 06053 2.20
NAPA........................................ CA 06055 1.80
NEVADA...................................... CA 06057 1.40
ORANGE...................................... CA 06059 1.60
PLACER...................................... CA 06061 1.40
PLUMAS...................................... CA 06063 1.65
RIVERSIDE................................... CA 06065 1.60
SACRAMENTO.................................. CA 06067 1.40
SAN BENITO.................................. CA 06069 1.75
SAN BERNARDINO.............................. CA 06071 1.60
SAN DIEGO................................... CA 06073 1.80
SAN FRANCISCO............................... CA 06075 1.75
SAN JOAQUIN................................. CA 06077 1.40
SAN LUIS OBISPO............................. CA 06079 2.20
SAN MATEO................................... CA 06081 1.75
SANTA BARBARA............................... CA 06083 2.20
SANTA CLARA................................. CA 06085 1.75
SANTA CRUZ.................................. CA 06087 1.75
SHASTA...................................... CA 06089 1.80
SIERRA...................................... CA 06091 1.40
SISKIYOU.................................... CA 06093 1.80
SOLANO...................................... CA 06095 1.65
SONOMA...................................... CA 06097 1.80
STANISLAUS.................................. CA 06099 1.40
SUTTER...................................... CA 06101 1.65
TEHAMA...................................... CA 06103 1.80
TRINITY..................................... CA 06105 1.80
TULARE...................................... CA 06107 1.40
TUOLUMNE.................................... CA 06109 1.20
VENTURA..................................... CA 06111 2.20
YOLO........................................ CA 06113 1.65
YUBA........................................ CA 06115 1.65
ADAMS....................................... CO 08001 1.55
ALAMOSA..................................... CO 08003 1.90
[[Page 47911]]
ARAPAHOE.................................... CO 08005 1.55
ARCHULETA................................... CO 08007 2.20
BACA........................................ CO 08009 1.90
BENT........................................ CO 08011 1.80
BOULDER..................................... CO 08013 1.55
CHAFFEE..................................... CO 08015 1.90
CHEYENNE.................................... CO 08017 1.60
CLEAR CREEK................................. CO 08019 1.55
CONEJOS..................................... CO 08021 1.90
COSTILLA.................................... CO 08023 1.90
CROWLEY..................................... CO 08025 1.80
CUSTER...................................... CO 08027 1.90
DELTA....................................... CO 08029 2.20
DENVER...................................... CO 08031 1.55
DOLORES..................................... CO 08033 2.20
DOUGLAS..................................... CO 08035 1.55
EAGLE....................................... CO 08037 1.80
ELBERT...................................... CO 08039 1.55
EL PASO..................................... CO 08041 1.80
FREMONT..................................... CO 08043 1.90
GARFIELD.................................... CO 08045 1.90
GILPIN...................................... CO 08047 1.55
GRAND....................................... CO 08049 1.55
GUNNISON.................................... CO 08051 1.90
HINSDALE.................................... CO 08053 2.20
HUERFANO.................................... CO 08055 1.90
JACKSON..................................... CO 08057 1.55
JEFFERSON................................... CO 08059 1.55
KIOWA....................................... CO 08061 1.80
KIT CARSON.................................. CO 08063 1.60
LAKE........................................ CO 08065 1.90
LA PLATA.................................... CO 08067 2.20
LARIMER..................................... CO 08069 1.55
LAS ANIMAS.................................. CO 08071 1.90
LINCOLN..................................... CO 08073 1.60
LOGAN....................................... CO 08075 1.40
MESA........................................ CO 08077 2.20
MINERAL..................................... CO 08079 2.20
MOFFAT...................................... CO 08081 1.80
MONTEZUMA................................... CO 08083 2.20
MONTROSE.................................... CO 08085 2.20
MORGAN...................................... CO 08087 1.40
OTERO....................................... CO 08089 1.80
OURAY....................................... CO 08091 2.20
PARK........................................ CO 08093 1.80
PHILLIPS.................................... CO 08095 1.50
PITKIN...................................... CO 08097 1.90
PROWERS..................................... CO 08099 1.80
PUEBLO...................................... CO 08101 1.80
RIO BLANCO.................................. CO 08103 1.90
RIO GRANDE.................................. CO 08105 1.90
ROUTT....................................... CO 08107 1.80
SAGUACHE.................................... CO 08109 1.90
SAN JUAN.................................... CO 08111 2.20
SAN MIGUEL.................................. CO 08113 2.20
SEDGWICK.................................... CO 08115 1.40
SUMMIT...................................... CO 08117 1.80
TELLER...................................... CO 08119 1.80
WASHINGTON.................................. CO 08121 1.50
WELD........................................ CO 08123 1.40
YUMA........................................ CO 08125 1.50
FAIRFIELD................................... CT 09001 2.50
HARTFORD.................................... CT 09003 2.50
LITCHFIELD.................................. CT 09005 2.30
MIDDLESEX................................... CT 09007 2.50
NEW HAVEN................................... CT 09009 2.30
NEW LONDON.................................. CT 09011 2.60
TOLLAND..................................... CT 09013 2.50
WINDHAM..................................... CT 09015 2.60
KENT........................................ DE 10001 2.20
NEW CASTLE.................................. DE 10003 2.20
[[Page 47912]]
SUSSEX...................................... DE 10005 2.20
DISTRICT OF COLUMBIA........................ DC 11001 2.05
ALACHUA..................................... FL 12001 4.00
BAKER....................................... FL 12003 3.80
BAY......................................... FL 12005 3.40
BRADFORD.................................... FL 12007 3.80
BREVARD..................................... FL 12009 4.20
BROWARD..................................... FL 12011 4.75
CALHOUN..................................... FL 12013 3.40
CHARLOTTE................................... FL 12015 4.40
CITRUS...................................... FL 12017 4.00
CLAY........................................ FL 12019 3.80
COLLIER..................................... FL 12021 4.75
COLUMBIA.................................... FL 12023 3.80
DADE........................................ FL 12025 4.75
DE SOTO..................................... FL 12027 4.40
DIXIE....................................... FL 12029 3.80
DUVAL....................................... FL 12031 3.80
ESCAMBIA.................................... FL 12033 3.30
FLAGLER..................................... FL 12035 4.00
FRANKLIN.................................... FL 12037 3.40
GADSDEN..................................... FL 12039 3.40
GILCHRIST................................... FL 12041 3.80
GLADES...................................... FL 12043 4.40
GULF........................................ FL 12045 3.40
HAMILTON.................................... FL 12047 3.60
HARDEE...................................... FL 12049 4.40
HENDRY...................................... FL 12051 4.75
HERNANDO.................................... FL 12053 4.20
HIGHLANDS................................... FL 12055 4.40
HILLSBOROUGH................................ FL 12057 4.20
HOLMES...................................... FL 12059 3.30
INDIAN RIVER................................ FL 12061 4.40
JACKSON..................................... FL 12063 3.30
JEFFERSON................................... FL 12065 3.50
LAFAYETTE................................... FL 12067 3.80
LAKE........................................ FL 12069 4.20
LEE......................................... FL 12071 4.75
LEON........................................ FL 12073 3.50
LEVY........................................ FL 12075 4.00
LIBERTY..................................... FL 12077 3.40
MADISON..................................... FL 12079 3.60
MANATEE..................................... FL 12081 4.40
MARION...................................... FL 12083 4.00
MARTIN...................................... FL 12085 4.40
MONROE...................................... FL 12087 4.75
NASSAU...................................... FL 12089 3.80
OKALOOSA.................................... FL 12091 3.30
OKEECHOBEE.................................. FL 12093 4.40
ORANGE...................................... FL 12095 4.20
OSCEOLA..................................... FL 12097 4.20
PALM BEACH.................................. FL 12099 4.75
PASCO....................................... FL 12101 4.20
PINELLAS.................................... FL 12103 4.20
POLK........................................ FL 12105 4.20
PUTNAM...................................... FL 12107 4.00
ST. JOHNS................................... FL 12109 3.80
ST. LUCIE................................... FL 12111 4.40
SANTA ROSA.................................. FL 12113 3.30
SARASOTA.................................... FL 12115 4.40
SEMINOLE.................................... FL 12117 4.20
SUMTER...................................... FL 12119 4.20
SUWANNEE.................................... FL 12121 3.80
TAYLOR...................................... FL 12123 3.60
UNION....................................... FL 12125 3.80
VOLUSIA..................................... FL 12127 4.20
WAKULLA..................................... FL 12129 3.50
WALTON...................................... FL 12131 3.30
WASHINGTON.................................. FL 12133 3.40
APPLING..................................... GA 13001 3.30
ATKINSON.................................... GA 13003 3.30
[[Page 47913]]
BACON....................................... GA 13005 3.30
BAKER....................................... GA 13007 3.30
BALDWIN..................................... GA 13009 2.80
BANKS....................................... GA 13011 2.70
BARROW...................................... GA 13013 2.90
BARTOW...................................... GA 13015 2.70
BEN HILL.................................... GA 13017 3.30
BERRIEN..................................... GA 13019 3.30
BIBB........................................ GA 13021 2.80
BLECKLEY.................................... GA 13023 3.10
BRANTLEY.................................... GA 13025 3.60
BROOKS...................................... GA 13027 3.50
BRYAN....................................... GA 13029 3.30
BULLOCH..................................... GA 13031 3.20
BURKE....................................... GA 13033 2.80
BUTTS....................................... GA 13035 2.90
CALHOUN..................................... GA 13037 3.20
CAMDEN...................................... GA 13039 3.60
CANDLER..................................... GA 13043 3.20
CARROLL..................................... GA 13045 2.90
CATOOSA..................................... GA 13047 2.55
CHARLTON.................................... GA 13049 3.60
CHATHAM..................................... GA 13051 3.30
CHATTAHOOCHEE............................... GA 13053 3.10
CHATTOOGA................................... GA 13055 2.55
CHEROKEE.................................... GA 13057 2.70
CLARKE...................................... GA 13059 2.80
CLAY........................................ GA 13061 3.20
CLAYTON..................................... GA 13063 2.90
CLINCH...................................... GA 13065 3.60
COBB........................................ GA 13067 2.90
COFFEE...................................... GA 13069 3.30
COLQUITT.................................... GA 13071 3.30
COLUMBIA.................................... GA 13073 2.80
COOK........................................ GA 13075 3.30
COWETA...................................... GA 13077 2.90
CRAWFORD.................................... GA 13079 2.90
CRISP....................................... GA 13081 3.20
DADE........................................ GA 13083 2.55
DAWSON...................................... GA 13085 2.70
DECATUR..................................... GA 13087 3.30
DE KALB..................................... GA 13089 2.90
DODGE....................................... GA 13091 3.20
DOOLY....................................... GA 13093 3.20
DOUGHERTY................................... GA 13095 3.20
DOUGLAS..................................... GA 13097 2.90
EARLY....................................... GA 13099 3.30
ECHOLS...................................... GA 13101 3.60
EFFINGHAM................................... GA 13103 3.20
ELBERT...................................... GA 13105 2.80
EMANUEL..................................... GA 13107 3.10
EVANS....................................... GA 13109 3.20
FANNIN...................................... GA 13111 2.55
FAYETTE..................................... GA 13113 2.90
FLOYD....................................... GA 13115 2.55
FORSYTH..................................... GA 13117 2.90
FRANKLIN.................................... GA 13119 2.70
FULTON...................................... GA 13121 2.90
GILMER...................................... GA 13123 2.55
GLASCOCK.................................... GA 13125 2.80
GLYNN....................................... GA 13127 3.60
GORDON...................................... GA 13129 2.55
GRADY....................................... GA 13131 3.30
GREENE...................................... GA 13133 2.80
GWINNETT.................................... GA 13135 2.90
HABERSHAM................................... GA 13137 2.70
HALL........................................ GA 13139 2.90
HANCOCK..................................... GA 13141 2.80
HARALSON.................................... GA 13143 2.70
HARRIS...................................... GA 13145 2.90
HART........................................ GA 13147 2.70
[[Page 47914]]
HEARD....................................... GA 13149 2.90
HENRY....................................... GA 13151 2.90
HOUSTON..................................... GA 13153 3.10
IRWIN....................................... GA 13155 3.30
JACKSON..................................... GA 13157 2.80
JASPER...................................... GA 13159 2.80
JEFF DAVIS.................................. GA 13161 3.30
JEFFERSON................................... GA 13163 2.80
JENKINS..................................... GA 13165 3.10
JOHNSON..................................... GA 13167 3.10
JONES....................................... GA 13169 2.80
LAMAR....................................... GA 13171 2.90
LANIER...................................... GA 13173 3.60
LAURENS..................................... GA 13175 3.10
LEE......................................... GA 13177 3.20
LIBERTY..................................... GA 13179 3.30
LINCOLN..................................... GA 13181 2.80
LONG........................................ GA 13183 3.30
LOWNDES..................................... GA 13185 3.60
LUMPKIN..................................... GA 13187 2.70
MCDUFFIE.................................... GA 13189 2.80
MCINTOSH.................................... GA 13191 3.30
MACON....................................... GA 13193 3.10
MADISON..................................... GA 13195 2.80
MARION...................................... GA 13197 3.10
MERIWETHER.................................. GA 13199 2.90
MILLER...................................... GA 13201 3.30
MITCHELL.................................... GA 13205 3.30
MONROE...................................... GA 13207 2.90
MONTGOMERY.................................. GA 13209 3.20
MORGAN...................................... GA 13211 2.80
MURRAY...................................... GA 13213 2.55
MUSCOGEE.................................... GA 13215 3.10
NEWTON...................................... GA 13217 2.80
OCONEE...................................... GA 13219 2.80
OGLETHORPE.................................. GA 13221 2.80
PAULDING.................................... GA 13223 2.90
PEACH....................................... GA 13225 2.90
PICKENS..................................... GA 13227 2.70
PIERCE...................................... GA 13229 3.30
PIKE........................................ GA 13231 2.90
POLK........................................ GA 13233 2.70
PULASKI..................................... GA 13235 3.20
PUTNAM...................................... GA 13237 2.80
QUITMAN..................................... GA 13239 3.20
RABUN....................................... GA 13241 2.55
RANDOLPH.................................... GA 13243 3.20
RICHMOND.................................... GA 13245 2.80
ROCKDALE.................................... GA 13247 2.90
SCHLEY...................................... GA 13249 3.10
SCREVEN..................................... GA 13251 3.10
SEMINOLE.................................... GA 13253 3.30
SPALDING.................................... GA 13255 2.90
STEPHENS.................................... GA 13257 2.70
STEWART..................................... GA 13259 3.10
SUMTER...................................... GA 13261 3.20
TALBOT...................................... GA 13263 2.90
TALIAFERRO.................................. GA 13265 2.80
TATTNALL.................................... GA 13267 3.20
TAYLOR...................................... GA 13269 2.90
TELFAIR..................................... GA 13271 3.20
TERRELL..................................... GA 13273 3.20
THOMAS...................................... GA 13275 3.50
TIFT........................................ GA 13277 3.30
TOOMBS...................................... GA 13279 3.20
TOWNS....................................... GA 13281 2.55
TREUTLEN.................................... GA 13283 3.20
TROUP....................................... GA 13285 2.90
TURNER...................................... GA 13287 3.30
TWIGGS...................................... GA 13289 2.80
UNION....................................... GA 13291 2.55
[[Page 47915]]
UPSON....................................... GA 13293 2.90
WALKER...................................... GA 13295 2.55
WALTON...................................... GA 13297 2.80
WARE........................................ GA 13299 3.60
WARREN...................................... GA 13301 2.80
WASHINGTON.................................. GA 13303 2.80
WAYNE....................................... GA 13305 3.30
WEBSTER..................................... GA 13307 3.20
WHEELER..................................... GA 13309 3.20
WHITE....................................... GA 13311 2.70
WHITFIELD................................... GA 13313 2.55
WILCOX...................................... GA 13315 3.20
WILKES...................................... GA 13317 2.80
WILKINSON................................... GA 13319 2.80
WORTH....................................... GA 13321 3.30
ADA......................................... ID 16001 1.35
ADAMS....................................... ID 16003 1.35
BANNOCK..................................... ID 16005 1.40
BEAR LAKE................................... ID 16007 1.40
BENEWAH..................................... ID 16009 1.35
BINGHAM..................................... ID 16011 1.35
BLAINE...................................... ID 16013 1.35
BOISE....................................... ID 16015 1.35
BONNER...................................... ID 16017 1.35
BONNEVILLE.................................. ID 16019 1.35
BOUNDARY.................................... ID 16021 1.35
BUTTE....................................... ID 16023 1.35
CAMAS....................................... ID 16025 1.35
CANYON...................................... ID 16027 1.35
CARIBOU..................................... ID 16029 1.40
CASSIA...................................... ID 16031 1.40
CLARK....................................... ID 16033 1.40
CLEARWATER.................................. ID 16035 1.40
CUSTER...................................... ID 16037 1.35
ELMORE...................................... ID 16039 1.35
FRANKLIN.................................... ID 16041 1.40
FREMONT..................................... ID 16043 1.40
GEM......................................... ID 16045 1.35
GOODING..................................... ID 16047 1.35
IDAHO....................................... ID 16049 1.40
JEFFERSON................................... ID 16051 1.35
JEROME...................................... ID 16053 1.35
KOOTENAI.................................... ID 16055 1.35
LATAH....................................... ID 16057 1.35
LEMHI....................................... ID 16059 1.40
LEWIS....................................... ID 16061 1.35
LINCOLN..................................... ID 16063 1.35
MADISON..................................... ID 16065 1.40
MINIDOKA.................................... ID 16067 1.35
NEZ PERCE................................... ID 16069 1.35
ONEIDA...................................... ID 16071 1.40
OWYHEE...................................... ID 16073 1.35
PAYETTE..................................... ID 16075 1.35
POWER....................................... ID 16077 1.40
SHOSHONE.................................... ID 16079 1.40
TETON....................................... ID 16081 1.40
TWIN FALLS.................................. ID 16083 1.35
VALLEY...................................... ID 16085 1.35
WASHINGTON.................................. ID 16087 1.35
ADAMS....................................... IL 17001 2.00
ALEXANDER................................... IL 17003 2.10
BOND........................................ IL 17005 2.00
BOONE....................................... IL 17007 1.95
BROWN....................................... IL 17009 2.00
BUREAU...................................... IL 17011 2.00
CALHOUN..................................... IL 17013 2.00
CARROLL..................................... IL 17015 1.95
CASS........................................ IL 17017 2.00
CHAMPAIGN................................... IL 17019 2.00
CHRISTIAN................................... IL 17021 2.00
CLARK....................................... IL 17023 2.00
[[Page 47916]]
CLAY........................................ IL 17025 2.00
CLINTON..................................... IL 17027 2.00
COLES....................................... IL 17029 2.00
COOK........................................ IL 17031 1.95
CRAWFORD.................................... IL 17033 2.00
CUMBERLAND.................................. IL 17035 2.00
DE KALB..................................... IL 17037 1.95
DE WITT..................................... IL 17039 2.00
DOUGLAS..................................... IL 17041 2.00
DU PAGE..................................... IL 17043 1.95
EDGAR....................................... IL 17045 2.00
EDWARDS..................................... IL 17047 2.00
EFFINGHAM................................... IL 17049 2.00
FAYETTE..................................... IL 17051 2.00
FORD........................................ IL 17053 2.00
FRANKLIN.................................... IL 17055 2.10
FULTON...................................... IL 17057 2.00
GALLATIN.................................... IL 17059 2.10
GREENE...................................... IL 17061 2.00
GRUNDY...................................... IL 17063 2.00
HAMILTON.................................... IL 17065 2.10
HANCOCK..................................... IL 17067 2.00
HARDIN...................................... IL 17069 2.10
HENDERSON................................... IL 17071 2.00
HENRY....................................... IL 17073 2.00
IROQUOIS.................................... IL 17075 2.00
JACKSON..................................... IL 17077 2.10
JASPER...................................... IL 17079 2.00
JEFFERSON................................... IL 17081 2.00
JERSEY...................................... IL 17083 2.00
JO DAVIESS.................................. IL 17085 1.95
JOHNSON..................................... IL 17087 2.10
KANE........................................ IL 17089 1.95
KANKAKEE.................................... IL 17091 2.00
KENDALL..................................... IL 17093 2.00
KNOX........................................ IL 17095 2.00
LAKE........................................ IL 17097 1.95
LA SALLE.................................... IL 17099 2.00
LAWRENCE.................................... IL 17101 2.00
LEE......................................... IL 17103 1.95
LIVINGSTON.................................. IL 17105 2.00
LOGAN....................................... IL 17107 2.00
MCDONOUGH................................... IL 17109 2.00
MCHENRY..................................... IL 17111 1.95
MCLEAN...................................... IL 17113 2.00
MACON....................................... IL 17115 2.00
MACOUPIN.................................... IL 17117 2.00
MADISON..................................... IL 17119 2.00
MARION...................................... IL 17121 2.00
MARSHALL.................................... IL 17123 2.00
MASON....................................... IL 17125 2.00
MASSAC...................................... IL 17127 2.10
MENARD...................................... IL 17129 2.00
MERCER...................................... IL 17131 2.00
MONROE...................................... IL 17133 2.10
MONTGOMERY.................................. IL 17135 2.00
MORGAN...................................... IL 17137 2.00
MOULTRIE.................................... IL 17139 2.00
OGLE........................................ IL 17141 1.95
PEORIA...................................... IL 17143 2.00
PERRY....................................... IL 17145 2.10
PIATT....................................... IL 17147 2.00
PIKE........................................ IL 17149 2.00
POPE........................................ IL 17151 2.10
PULASKI..................................... IL 17153 2.10
PUTNAM...................................... IL 17155 2.00
RANDOLPH.................................... IL 17157 2.10
RICHLAND.................................... IL 17159 2.00
ROCK ISLAND................................. IL 17161 2.00
ST. CLAIR................................... IL 17163 2.10
SALINE...................................... IL 17165 2.10
[[Page 47917]]
SANGAMON.................................... IL 17167 2.00
SCHUYLER.................................... IL 17169 2.00
SCOTT....................................... IL 17171 2.00
SHELBY...................................... IL 17173 2.00
STARK....................................... IL 17175 2.00
STEPHENSON.................................. IL 17177 1.95
TAZEWELL.................................... IL 17179 2.00
UNION....................................... IL 17181 2.10
VERMILION................................... IL 17183 2.00
WABASH...................................... IL 17185 2.00
WARREN...................................... IL 17187 2.00
WASHINGTON.................................. IL 17189 2.10
WAYNE....................................... IL 17191 2.00
WHITE....................................... IL 17193 2.00
WHITESIDE................................... IL 17195 1.95
WILL........................................ IL 17197 2.00
WILLIAMSON.................................. IL 17199 2.10
WINNEBAGO................................... IL 17201 1.95
WOODFORD.................................... IL 17203 2.00
ADAMS....................................... IN 18001 2.00
ALLEN....................................... IN 18003 1.80
BARTHOLOMEW................................. IN 18005 2.05
BENTON...................................... IN 18007 2.00
BLACKFORD................................... IN 18009 2.00
BOONE....................................... IN 18011 2.00
BROWN....................................... IN 18013 2.05
CARROLL..................................... IN 18015 2.00
CASS........................................ IN 18017 2.00
CLARK....................................... IN 18019 1.95
CLAY........................................ IN 18021 2.00
CLINTON..................................... IN 18023 2.00
CRAWFORD.................................... IN 18025 2.10
DAVIESS..................................... IN 18027 2.05
DEARBORN.................................... IN 18029 1.95
DECATUR..................................... IN 18031 1.95
DE KALB..................................... IN 18033 1.80
DELAWARE.................................... IN 18035 2.00
DUBOIS...................................... IN 18037 2.10
ELKHART..................................... IN 18039 1.80
FAYETTE..................................... IN 18041 2.00
FLOYD....................................... IN 18043 1.95
FOUNTAIN.................................... IN 18045 2.00
FRANKLIN.................................... IN 18047 1.95
FULTON...................................... IN 18049 2.00
GIBSON...................................... IN 18051 2.10
GRANT....................................... IN 18053 2.00
GREENE...................................... IN 18055 2.05
HAMILTON.................................... IN 18057 2.00
HANCOCK..................................... IN 18059 2.00
HARRISON.................................... IN 18061 1.95
HENDRICKS................................... IN 18063 2.00
HENRY....................................... IN 18065 2.00
HOWARD...................................... IN 18067 2.00
HUNTINGTON.................................. IN 18069 2.00
JACKSON..................................... IN 18071 2.05
JASPER...................................... IN 18073 2.00
JAY......................................... IN 18075 2.00
JEFFERSON................................... IN 18077 1.95
JENNINGS.................................... IN 18079 1.95
JOHNSON..................................... IN 18081 2.00
KNOX........................................ IN 18083 2.05
KOSCIUSKO................................... IN 18085 1.80
LAGRANGE.................................... IN 18087 1.80
LAKE........................................ IN 18089 1.95
LA PORTE.................................... IN 18091 1.80
LAWRENCE.................................... IN 18093 2.05
MADISON..................................... IN 18095 2.00
MARION...................................... IN 18097 2.00
MARSHALL.................................... IN 18099 1.80
MARTIN...................................... IN 18101 2.05
MIAMI....................................... IN 18103 2.00
[[Page 47918]]
MONROE...................................... IN 18105 2.05
MONTGOMERY.................................. IN 18107 2.00
MORGAN...................................... IN 18109 2.00
NEWTON...................................... IN 18111 2.00
NOBLE....................................... IN 18113 1.80
OHIO........................................ IN 18115 1.95
ORANGE...................................... IN 18117 2.05
OWEN........................................ IN 18119 2.00
PARKE....................................... IN 18121 2.00
PERRY....................................... IN 18123 2.10
PIKE........................................ IN 18125 2.10
PORTER...................................... IN 18127 1.95
POSEY....................................... IN 18129 2.10
PULASKI..................................... IN 18131 2.00
PUTNAM...................................... IN 18133 2.00
RANDOLPH.................................... IN 18135 2.00
RIPLEY...................................... IN 18137 1.95
RUSH........................................ IN 18139 2.00
ST. JOSEPH.................................. IN 18141 1.80
SCOTT....................................... IN 18143 1.95
SHELBY...................................... IN 18145 2.00
SPENCER..................................... IN 18147 2.10
STARKE...................................... IN 18149 1.80
STEUBEN..................................... IN 18151 1.80
SULLIVAN.................................... IN 18153 2.05
SWITZERLAND................................. IN 18155 1.95
TIPPECANOE.................................. IN 18157 2.00
TIPTON...................................... IN 18159 2.00
UNION....................................... IN 18161 2.00
VANDERBURGH................................. IN 18163 2.10
VERMILLION.................................. IN 18165 2.00
VIGO........................................ IN 18167 2.00
WABASH...................................... IN 18169 2.00
WARREN...................................... IN 18171 2.00
WARRICK..................................... IN 18173 2.10
WASHINGTON.................................. IN 18175 1.95
WAYNE....................................... IN 18177 2.00
WELLS....................................... IN 18179 2.00
WHITE....................................... IN 18181 2.00
WHITLEY..................................... IN 18183 1.80
ADAIR....................................... IA 19001 1.90
ADAMS....................................... IA 19003 1.90
ALLAMAKEE................................... IA 19005 1.70
APPANOOSE................................... IA 19007 1.90
AUDUBON..................................... IA 19009 1.90
BENTON...................................... IA 19011 1.95
BLACK HAWK.................................. IA 19013 1.80
BOONE....................................... IA 19015 1.90
BREMER...................................... IA 19017 1.80
BUCHANAN.................................... IA 19019 1.80
BUENA VISTA................................. IA 19021 1.80
BUTLER...................................... IA 19023 1.80
CALHOUN..................................... IA 19025 1.80
CARROLL..................................... IA 19027 1.90
CASS........................................ IA 19029 1.90
CEDAR....................................... IA 19031 1.95
CERRO GORDO................................. IA 19033 1.70
CHEROKEE.................................... IA 19035 1.80
CHICKASAW................................... IA 19037 1.70
CLARKE...................................... IA 19039 1.90
CLAY........................................ IA 19041 1.70
CLAYTON..................................... IA 19043 1.70
CLINTON..................................... IA 19045 1.95
CRAWFORD.................................... IA 19047 1.90
DALLAS...................................... IA 19049 1.90
DAVIS....................................... IA 19051 1.90
DECATUR..................................... IA 19053 1.90
DELAWARE.................................... IA 19055 1.80
DES MOINES.................................. IA 19057 1.90
DICKINSON................................... IA 19059 1.70
DUBUQUE..................................... IA 19061 1.80
[[Page 47919]]
EMMET....................................... IA 19063 1.70
FAYETTE..................................... IA 19065 1.70
FLOYD....................................... IA 19067 1.70
FRANKLIN.................................... IA 19069 1.80
FREMONT..................................... IA 19071 1.90
GREENE...................................... IA 19073 1.90
GRUNDY...................................... IA 19075 1.80
GUTHRIE..................................... IA 19077 1.90
HAMILTON.................................... IA 19079 1.80
HANCOCK..................................... IA 19081 1.70
HARDIN...................................... IA 19083 1.80
HARRISON.................................... IA 19085 1.90
HENRY....................................... IA 19087 1.90
HOWARD...................................... IA 19089 1.70
HUMBOLDT.................................... IA 19091 1.80
IDA......................................... IA 19093 1.80
IOWA........................................ IA 19095 1.95
JACKSON..................................... IA 19097 1.95
JASPER...................................... IA 19099 1.95
JEFFERSON................................... IA 19101 1.90
JOHNSON..................................... IA 19103 1.95
JONES....................................... IA 19105 1.95
KEOKUK...................................... IA 19107 1.90
KOSSUTH..................................... IA 19109 1.70
LEE......................................... IA 19111 1.90
LINN........................................ IA 19113 1.95
LOUISA...................................... IA 19115 1.90
LUCAS....................................... IA 19117 1.90
LYON........................................ IA 19119 1.70
MADISON..................................... IA 19121 1.90
MAHASKA..................................... IA 19123 1.90
MARION...................................... IA 19125 1.90
MARSHALL.................................... IA 19127 1.95
MILLS....................................... IA 19129 1.90
MITCHELL.................................... IA 19131 1.70
MONONA...................................... IA 19133 1.80
MONROE...................................... IA 19135 1.90
MONTGOMERY.................................. IA 19137 1.90
MUSCATINE................................... IA 19139 1.90
O'BRIEN..................................... IA 19141 1.70
OSCEOLA..................................... IA 19143 1.70
PAGE........................................ IA 19145 1.90
PALO ALTO................................... IA 19147 1.70
PLYMOUTH.................................... IA 19149 1.70
POCAHONTAS.................................. IA 19151 1.80
POLK........................................ IA 19153 1.90
POTTAWATTAMIE............................... IA 19155 1.90
POWESHIEK................................... IA 19157 1.95
RINGGOLD.................................... IA 19159 1.90
SAC......................................... IA 19161 1.80
SCOTT....................................... IA 19163 1.95
SHELBY...................................... IA 19165 1.90
SIOUX....................................... IA 19167 1.70
STORY....................................... IA 19169 1.95
TAMA........................................ IA 19171 1.95
TAYLOR...................................... IA 19173 1.90
UNION....................................... IA 19175 1.90
VAN BUREN................................... IA 19177 1.90
WAPELLO..................................... IA 19179 1.90
WARREN...................................... IA 19181 1.90
WASHINGTON.................................. IA 19183 1.90
WAYNE....................................... IA 19185 1.90
WEBSTER..................................... IA 19187 1.80
WINNEBAGO................................... IA 19189 1.70
WINNESHIEK.................................. IA 19191 1.70
WOODBURY.................................... IA 19193 1.80
WORTH....................................... IA 19195 1.70
WRIGHT...................................... IA 19197 1.80
ALLEN....................................... KS 20001 1.70
ANDERSON.................................... KS 20003 1.70
ATCHISON.................................... KS 20005 1.90
[[Page 47920]]
BARBER...................................... KS 20007 1.90
BARTON...................................... KS 20009 1.90
BOURBON..................................... KS 20011 1.70
BROWN....................................... KS 20013 1.90
BUTLER...................................... KS 20015 1.70
CHASE....................................... KS 20017 1.70
CHAUTAUQUA.................................. KS 20019 1.70
CHEROKEE.................................... KS 20021 1.70
CHEYENNE.................................... KS 20023 1.60
CLARK....................................... KS 20025 1.90
CLAY........................................ KS 20027 1.90
CLOUD....................................... KS 20029 1.80
COFFEY...................................... KS 20031 1.70
COMANCHE.................................... KS 20033 1.90
COWLEY...................................... KS 20035 1.70
CRAWFORD.................................... KS 20037 1.70
DECATUR..................................... KS 20039 1.60
DICKINSON................................... KS 20041 1.90
DONIPHAN.................................... KS 20043 1.90
DOUGLAS..................................... KS 20045 1.70
EDWARDS..................................... KS 20047 1.90
ELK......................................... KS 20049 1.70
ELLIS....................................... KS 20051 1.80
ELLSWORTH................................... KS 20053 1.90
FINNEY...................................... KS 20055 1.80
FORD........................................ KS 20057 1.90
FRANKLIN.................................... KS 20059 1.70
GEARY....................................... KS 20061 1.90
GOVE........................................ KS 20063 1.60
GRAHAM...................................... KS 20065 1.60
GRANT....................................... KS 20067 1.90
GRAY........................................ KS 20069 1.90
GREELEY..................................... KS 20071 1.80
GREENWOOD................................... KS 20073 1.70
HAMILTON.................................... KS 20075 1.80
HARPER...................................... KS 20077 1.70
HARVEY...................................... KS 20079 1.70
HASKELL..................................... KS 20081 1.90
HODGEMAN.................................... KS 20083 1.80
JACKSON..................................... KS 20085 1.90
JEFFERSON................................... KS 20087 1.90
JEWELL...................................... KS 20089 1.80
JOHNSON..................................... KS 20091 1.90
KEARNY...................................... KS 20093 1.80
KINGMAN..................................... KS 20095 1.70
KIOWA....................................... KS 20097 1.90
LABETTE..................................... KS 20099 1.70
LANE........................................ KS 20101 1.80
LEAVENWORTH................................. KS 20103 1.90
LINCOLN..................................... KS 20105 1.80
LINN........................................ KS 20107 1.70
LOGAN....................................... KS 20109 1.60
LYON........................................ KS 20111 1.70
MCPHERSON................................... KS 20113 1.90
MARION...................................... KS 20115 1.70
MARSHALL.................................... KS 20117 1.90
MEADE....................................... KS 20119 1.90
MIAMI....................................... KS 20121 1.70
MITCHELL.................................... KS 20123 1.80
MONTGOMERY.................................. KS 20125 1.70
MORRIS...................................... KS 20127 1.90
MORTON...................................... KS 20129 1.90
NEMAHA...................................... KS 20131 1.90
NEOSHO...................................... KS 20133 1.70
NESS........................................ KS 20135 1.80
NORTON...................................... KS 20137 1.60
OSAGE....................................... KS 20139 1.70
OSBORNE..................................... KS 20141 1.80
OTTAWA...................................... KS 20143 1.90
PAWNEE...................................... KS 20145 1.90
PHILLIPS.................................... KS 20147 1.60
[[Page 47921]]
POTTAWATOMIE................................ KS 20149 1.90
PRATT....................................... KS 20151 1.90
RAWLINS..................................... KS 20153 1.60
RENO........................................ KS 20155 1.70
REPUBLIC.................................... KS 20157 1.80
RICE........................................ KS 20159 1.90
RILEY....................................... KS 20161 1.90
ROOKS....................................... KS 20163 1.60
RUSH........................................ KS 20165 1.80
RUSSELL..................................... KS 20167 1.80
SALINE...................................... KS 20169 1.90
SCOTT....................................... KS 20171 1.80
SEDGWICK.................................... KS 20173 1.70
SEWARD...................................... KS 20175 1.90
SHAWNEE..................................... KS 20177 1.90
SHERIDAN.................................... KS 20179 1.60
SHERMAN..................................... KS 20181 1.60
SMITH....................................... KS 20183 1.60
STAFFORD.................................... KS 20185 1.90
STANTON..................................... KS 20187 1.90
STEVENS..................................... KS 20189 1.90
SUMNER...................................... KS 20191 1.70
THOMAS...................................... KS 20193 1.60
TREGO....................................... KS 20195 1.80
WABAUNSEE................................... KS 20197 1.90
WALLACE..................................... KS 20199 1.60
WASHINGTON.................................. KS 20201 1.90
WICHITA..................................... KS 20203 1.80
WILSON...................................... KS 20205 1.70
WOODSON..................................... KS 20207 1.70
WYANDOTTE................................... KS 20209 1.90
ADAIR....................................... KY 21001 1.95
ALLEN....................................... KY 21003 2.05
ANDERSON.................................... KY 21005 1.95
BALLARD..................................... KY 21007 2.30
BARREN...................................... KY 21009 2.05
BATH........................................ KY 21011 2.05
BELL........................................ KY 21013 2.15
BOONE....................................... KY 21015 1.95
BOURBON..................................... KY 21017 2.05
BOYD........................................ KY 21019 2.20
BOYLE....................................... KY 21021 1.95
BRACKEN..................................... KY 21023 2.05
BREATHITT................................... KY 21025 2.15
BRECKINRIDGE................................ KY 21027 2.10
BULLITT..................................... KY 21029 1.95
BUTLER...................................... KY 21031 2.20
CALDWELL.................................... KY 21033 2.30
CALLOWAY.................................... KY 21035 2.30
CAMPBELL.................................... KY 21037 2.05
CARLISLE.................................... KY 21039 2.30
CARROLL..................................... KY 21041 1.95
CARTER...................................... KY 21043 2.20
CASEY....................................... KY 21045 1.95
CHRISTIAN................................... KY 21047 2.20
CLARK....................................... KY 21049 2.05
CLAY........................................ KY 21051 2.15
CLINTON..................................... KY 21053 2.15
CRITTENDEN.................................. KY 21055 2.30
CUMBERLAND.................................. KY 21057 2.05
DAVIESS..................................... KY 21059 2.10
EDMONSON.................................... KY 21061 2.05
ELLIOTT..................................... KY 21063 2.05
ESTILL...................................... KY 21065 2.05
FAYETTE..................................... KY 21067 2.05
FLEMING..................................... KY 21069 2.05
FLOYD....................................... KY 21071 2.15
FRANKLIN.................................... KY 21073 1.95
FULTON...................................... KY 21075 2.30
GALLATIN.................................... KY 21077 1.95
GARRARD..................................... KY 21079 1.95
[[Page 47922]]
GRANT....................................... KY 21081 1.95
GRAVES...................................... KY 21083 2.30
GRAYSON..................................... KY 21085 2.10
GREEN....................................... KY 21087 1.95
GREENUP..................................... KY 21089 2.20
HANCOCK..................................... KY 21091 2.10
HARDIN...................................... KY 21093 1.95
HARLAN...................................... KY 21095 2.15
HARRISON.................................... KY 21097 2.05
HART........................................ KY 21099 1.95
HENDERSON................................... KY 21101 2.10
HENRY....................................... KY 21103 1.95
HICKMAN..................................... KY 21105 2.30
HOPKINS..................................... KY 21107 2.20
JACKSON..................................... KY 21109 1.95
JEFFERSON................................... KY 21111 1.95
JESSAMINE................................... KY 21113 1.95
JOHNSON..................................... KY 21115 2.15
KENTON...................................... KY 21117 2.05
KNOTT....................................... KY 21119 2.15
KNOX........................................ KY 21121 2.15
LARUE....................................... KY 21123 1.95
LAUREL...................................... KY 21125 2.15
LAWRENCE.................................... KY 21127 2.15
LEE......................................... KY 21129 2.05
LESLIE...................................... KY 21131 2.15
LETCHER..................................... KY 21133 2.15
LEWIS....................................... KY 21135 2.05
LINCOLN..................................... KY 21137 1.95
LIVINGSTON.................................. KY 21139 2.30
LOGAN....................................... KY 21141 2.20
LYON........................................ KY 21143 2.30
MCCRACKEN................................... KY 21145 2.30
MCCREARY.................................... KY 21147 2.15
MCLEAN...................................... KY 21149 2.10
MADISON..................................... KY 21151 2.05
MAGOFFIN.................................... KY 21153 2.15
MARION...................................... KY 21155 1.95
MARSHALL.................................... KY 21157 2.30
MARTIN...................................... KY 21159 2.15
MASON....................................... KY 21161 2.05
MEADE....................................... KY 21163 1.95
MENIFEE..................................... KY 21165 2.05
MERCER...................................... KY 21167 1.95
METCALFE.................................... KY 21169 2.05
MONROE...................................... KY 21171 2.05
MONTGOMERY.................................. KY 21173 2.05
MORGAN...................................... KY 21175 2.05
MUHLENBERG.................................. KY 21177 2.20
NELSON...................................... KY 21179 1.95
NICHOLAS.................................... KY 21181 2.05
OHIO........................................ KY 21183 2.10
OLDHAM...................................... KY 21185 1.95
OWEN........................................ KY 21187 1.95
OWSLEY...................................... KY 21189 2.15
PENDLETON................................... KY 21191 2.05
PERRY....................................... KY 21193 2.15
PIKE........................................ KY 21195 2.15
POWELL...................................... KY 21197 2.05
PULASKI..................................... KY 21199 2.15
ROBERTSON................................... KY 21201 2.05
ROCKCASTLE.................................. KY 21203 1.95
ROWAN....................................... KY 21205 2.05
RUSSELL..................................... KY 21207 1.95
SCOTT....................................... KY 21209 2.05
SHELBY...................................... KY 21211 1.95
SIMPSON..................................... KY 21213 2.05
SPENCER..................................... KY 21215 1.95
TAYLOR...................................... KY 21217 1.95
TODD........................................ KY 21219 2.20
TRIGG....................................... KY 21221 2.30
[[Page 47923]]
TRIMBLE..................................... KY 21223 1.95
UNION....................................... KY 21225 2.10
WARREN...................................... KY 21227 2.05
WASHINGTON.................................. KY 21229 1.95
WAYNE....................................... KY 21231 2.15
WEBSTER..................................... KY 21233 2.10
WHITLEY..................................... KY 21235 2.15
WOLFE....................................... KY 21237 2.05
WOODFORD.................................... KY 21239 1.95
ACADIA...................................... LA 22001 3.05
ALLEN....................................... LA 22003 2.85
ASCENSION................................... LA 22005 2.85
ASSUMPTION.................................. LA 22007 3.05
AVOYELLES................................... LA 22009 2.85
BEAUREGARD.................................. LA 22011 2.85
BIENVILLE................................... LA 22013 2.65
BOSSIER..................................... LA 22015 2.35
CADDO....................................... LA 22017 2.35
CALCASIEU................................... LA 22019 3.05
CALDWELL.................................... LA 22021 2.75
CAMERON..................................... LA 22023 3.05
CATAHOULA................................... LA 22025 2.85
CLAIBORNE................................... LA 22027 2.65
CONCORDIA................................... LA 22029 2.85
DE SOTO..................................... LA 22031 2.65
EAST BATON ROUGE............................ LA 22033 2.85
EAST CARROLL................................ LA 22035 2.75
EAST FELICIANA.............................. LA 22037 2.85
EVANGELINE.................................. LA 22039 2.85
FRANKLIN.................................... LA 22041 2.75
GRANT....................................... LA 22043 2.75
IBERIA...................................... LA 22045 3.05
IBERVILLE................................... LA 22047 2.85
JACKSON..................................... LA 22049 2.75
JEFFERSON................................... LA 22051 3.05
JEFFERSON DAVIS............................. LA 22053 3.05
LAFAYETTE................................... LA 22055 3.05
LAFOURCHE................................... LA 22057 3.05
LA SALLE.................................... LA 22059 2.75
LINCOLN..................................... LA 22061 2.65
LIVINGSTON.................................. LA 22063 2.85
MADISON..................................... LA 22065 2.75
MOREHOUSE................................... LA 22067 2.75
NATCHITOCHES................................ LA 22069 2.75
ORLEANS..................................... LA 22071 3.05
OUACHITA.................................... LA 22073 2.75
PLAQUEMINES................................. LA 22075 3.05
POINTE COUPEE............................... LA 22077 2.85
RAPIDES..................................... LA 22079 2.85
RED RIVER................................... LA 22081 2.65
RICHLAND.................................... LA 22083 2.75
SABINE...................................... LA 22085 2.75
ST. BERNARD................................. LA 22087 3.05
ST. CHARLES................................. LA 22089 3.05
ST. HELENA.................................. LA 22091 2.85
ST. JAMES................................... LA 22093 2.85
ST. JOHN THE BAPTIST........................ LA 22095 2.85
ST. LANDRY.................................. LA 22097 3.05
ST. MARTIN.................................. LA 22099 3.05
ST. MARY.................................... LA 22101 3.05
ST. TAMMANY................................. LA 22103 2.85
TANGIPAHOA.................................. LA 22105 2.85
TENSAS...................................... LA 22107 2.85
TERREBONNE.................................. LA 22109 3.05
UNION....................................... LA 22111 2.65
VERMILION................................... LA 22113 3.05
VERNON...................................... LA 22115 2.85
WASHINGTON.................................. LA 22117 2.85
WEBSTER..................................... LA 22119 2.35
WEST BATON ROUGE............................ LA 22121 2.85
WEST CARROLL................................ LA 22123 2.75
[[Page 47924]]
WEST FELICIANA.............................. LA 22125 2.85
WINN........................................ LA 22127 2.75
ANDROSCOGGIN................................ ME 23001 2.20
AROOSTOOK................................... ME 23003 2.15
CUMBERLAND.................................. ME 23005 2.30
FRANKLIN.................................... ME 23007 2.15
HANCOCK..................................... ME 23009 2.15
KENNEBEC.................................... ME 23011 2.20
KNOX........................................ ME 23013 2.20
LINCOLN..................................... ME 23015 2.20
OXFORD...................................... ME 23017 2.15
PENOBSCOT................................... ME 23019 2.15
PISCATAQUIS................................. ME 23021 2.15
SAGADAHOC................................... ME 23023 2.30
SOMERSET.................................... ME 23025 2.15
WALDO....................................... ME 23027 2.20
WASHINGTON.................................. ME 23029 2.15
YORK........................................ ME 23031 2.45
ALLEGANY.................................... MD 24001 2.05
ANNE ARUNDEL................................ MD 24003 2.05
BALTIMORE................................... MD 24005 2.05
CALVERT..................................... MD 24009 2.05
CAROLINE.................................... MD 24011 2.10
CARROLL..................................... MD 24013 2.05
CECIL....................................... MD 24015 2.10
CHARLES..................................... MD 24017 2.05
DORCHESTER.................................. MD 24019 2.10
FREDERICK................................... MD 24021 2.05
GARRETT..................................... MD 24023 2.05
HARFORD..................................... MD 24025 2.05
HOWARD...................................... MD 24027 2.05
KENT........................................ MD 24029 2.10
MONTGOMERY.................................. MD 24031 2.05
PRINCE GEORGE'S............................. MD 24033 2.05
QUEEN ANNE'S................................ MD 24035 2.10
ST. MARY'S.................................. MD 24037 2.05
SOMERSET.................................... MD 24039 2.10
TALBOT...................................... MD 24041 2.10
WASHINGTON.................................. MD 24043 2.05
WICOMICO.................................... MD 24045 2.10
WORCESTER................................... MD 24047 2.10
BALTIMORE CITY.............................. MD 24510 2.05
BARNSTABLE.................................. MA 25001 2.75
BERKSHIRE................................... MA 25003 2.30
BRISTOL..................................... MA 25005 2.75
DUKES....................................... MA 25007 2.75
ESSEX....................................... MA 25009 2.75
FRANKLIN.................................... MA 25011 2.40
HAMPDEN..................................... MA 25013 2.40
HAMPSHIRE................................... MA 25015 2.40
MIDDLESEX................................... MA 25017 2.75
NANTUCKET................................... MA 25019 2.75
NORFOLK..................................... MA 25021 2.75
PLYMOUTH.................................... MA 25023 2.75
SUFFOLK..................................... MA 25025 2.75
WORCESTER................................... MA 25027 2.60
ALCONA...................................... MI 26001 1.50
ALGER....................................... MI 26003 1.60
ALLEGAN..................................... MI 26005 1.80
ALPENA...................................... MI 26007 1.35
ANTRIM...................................... MI 26009 1.35
ARENAC...................................... MI 26011 1.70
BARAGA...................................... MI 26013 1.50
BARRY....................................... MI 26015 1.80
BAY......................................... MI 26017 1.70
BENZIE...................................... MI 26019 1.50
BERRIEN..................................... MI 26021 1.80
BRANCH...................................... MI 26023 1.80
CALHOUN..................................... MI 26025 1.80
CASS........................................ MI 26027 1.80
CHARLEVOIX.................................. MI 26029 1.35
[[Page 47925]]
CHEBOYGAN................................... MI 26031 1.35
CHIPPEWA.................................... MI 26033 1.70
CLARE....................................... MI 26035 1.70
CLINTON..................................... MI 26037 1.80
CRAWFORD.................................... MI 26039 1.50
DELTA....................................... MI 26041 1.60
DICKINSON................................... MI 26043 1.40
EATON....................................... MI 26045 1.80
EMMET....................................... MI 26047 1.35
GENESEE..................................... MI 26049 1.85
GLADWIN..................................... MI 26051 1.70
GOGEBIC..................................... MI 26053 1.40
GRAND TRAVERSE.............................. MI 26055 1.50
GRATIOT..................................... MI 26057 1.70
HILLSDALE................................... MI 26059 1.80
HOUGHTON.................................... MI 26061 1.50
HURON....................................... MI 26063 1.85
INGHAM...................................... MI 26065 1.80
IONIA....................................... MI 26067 1.80
IOSCO....................................... MI 26069 1.50
IRON........................................ MI 26071 1.40
ISABELLA.................................... MI 26073 1.70
JACKSON..................................... MI 26075 1.80
KALAMAZOO................................... MI 26077 1.80
KALKASKA.................................... MI 26079 1.50
KENT........................................ MI 26081 1.70
KEWEENAW.................................... MI 26083 1.50
LAKE........................................ MI 26085 1.70
LAPEER...................................... MI 26087 1.85
LEELANAU.................................... MI 26089 1.50
LENAWEE..................................... MI 26091 1.80
LIVINGSTON.................................. MI 26093 1.85
LUCE........................................ MI 26095 1.70
MACKINAC.................................... MI 26097 1.70
MACOMB...................................... MI 26099 1.85
MANISTEE.................................... MI 26101 1.50
MARQUETTE................................... MI 26103 1.50
MASON....................................... MI 26105 1.70
MECOSTA..................................... MI 26107 1.70
MENOMINEE................................... MI 26109 1.50
MIDLAND..................................... MI 26111 1.70
MISSAUKEE................................... MI 26113 1.50
MONROE...................................... MI 26115 1.85
MONTCALM.................................... MI 26117 1.70
MONTMORENCY................................. MI 26119 1.35
MUSKEGON.................................... MI 26121 1.70
NEWAYGO..................................... MI 26123 1.70
OAKLAND..................................... MI 26125 1.85
OCEANA...................................... MI 26127 1.70
OGEMAW...................................... MI 26129 1.50
ONTONAGON................................... MI 26131 1.40
OSCEOLA..................................... MI 26133 1.70
OSCODA...................................... MI 26135 1.50
OTSEGO...................................... MI 26137 1.35
OTTAWA...................................... MI 26139 1.70
PRESQUE ISLE................................ MI 26141 1.35
ROSCOMMON................................... MI 26143 1.50
SAGINAW..................................... MI 26145 1.85
ST. CLAIR................................... MI 26147 1.85
ST. JOSEPH.................................. MI 26149 1.80
SANILAC..................................... MI 26151 1.85
SCHOOLCRAFT................................. MI 26153 1.60
SHIAWASSEE.................................. MI 26155 1.85
TUSCOLA..................................... MI 26157 1.85
VAN BUREN................................... MI 26159 1.80
WASHTENAW................................... MI 26161 1.85
WAYNE....................................... MI 26163 1.85
WEXFORD..................................... MI 26165 1.50
AITKIN...................................... MN 27001 1.30
ANOKA....................................... MN 27003 1.60
BECKER...................................... MN 27005 1.40
[[Page 47926]]
BELTRAMI.................................... MN 27007 1.10
BENTON...................................... MN 27009 1.50
BIG STONE................................... MN 27011 1.50
BLUE EARTH.................................. MN 27013 1.60
BROWN....................................... MN 27015 1.60
CARLTON..................................... MN 27017 1.65
CARVER...................................... MN 27019 1.60
CASS........................................ MN 27021 1.30
CHIPPEWA.................................... MN 27023 1.50
CHISAGO..................................... MN 27025 1.60
CLAY........................................ MN 27027 1.40
CLEARWATER.................................. MN 27029 1.10
COOK........................................ MN 27031 1.65
COTTONWOOD.................................. MN 27033 1.60
CROW WING................................... MN 27035 1.30
DAKOTA...................................... MN 27037 1.60
DODGE....................................... MN 27039 1.60
DOUGLAS..................................... MN 27041 1.50
FARIBAULT................................... MN 27043 1.60
FILLMORE.................................... MN 27045 1.60
FREEBORN.................................... MN 27047 1.60
GOODHUE..................................... MN 27049 1.60
GRANT....................................... MN 27051 1.50
HENNEPIN.................................... MN 27053 1.60
HOUSTON..................................... MN 27055 1.60
HUBBARD..................................... MN 27057 1.30
ISANTI...................................... MN 27059 1.60
ITASCA...................................... MN 27061 1.30
JACKSON..................................... MN 27063 1.60
KANABEC..................................... MN 27065 1.50
KANDIYOHI................................... MN 27067 1.50
KITTSON..................................... MN 27069 1.10
KOOCHICHING................................. MN 27071 1.30
LAC QUI PARLE............................... MN 27073 1.50
LAKE........................................ MN 27075 1.65
LAKE OF THE WOODS........................... MN 27077 1.10
LE SUEUR.................................... MN 27079 1.60
LINCOLN..................................... MN 27081 1.50
LYON........................................ MN 27083 1.50
MCLEOD...................................... MN 27085 1.60
MAHNOMEN.................................... MN 27087 1.40
MARSHALL.................................... MN 27089 1.10
MARTIN...................................... MN 27091 1.60
MEEKER...................................... MN 27093 1.60
MILLE LACS.................................. MN 27095 1.50
MORRISON.................................... MN 27097 1.50
MOWER....................................... MN 27099 1.60
MURRAY...................................... MN 27101 1.60
NICOLLET.................................... MN 27103 1.60
NOBLES...................................... MN 27105 1.60
NORMAN...................................... MN 27107 1.40
OLMSTED..................................... MN 27109 1.60
OTTER TAIL.................................. MN 27111 1.40
PENNINGTON.................................. MN 27113 1.10
PINE........................................ MN 27115 1.65
PIPESTONE................................... MN 27117 1.60
POLK........................................ MN 27119 1.40
POPE........................................ MN 27121 1.50
RAMSEY...................................... MN 27123 1.60
RED LAKE.................................... MN 27125 1.10
REDWOOD..................................... MN 27127 1.60
RENVILLE.................................... MN 27129 1.60
RICE........................................ MN 27131 1.60
ROCK........................................ MN 27133 1.60
ROSEAU...................................... MN 27135 1.10
ST. LOUIS................................... MN 27137 1.65
SCOTT....................................... MN 27139 1.60
SHERBURNE................................... MN 27141 1.60
SIBLEY...................................... MN 27143 1.60
STEARNS..................................... MN 27145 1.50
STEELE...................................... MN 27147 1.60
[[Page 47927]]
STEVENS..................................... MN 27149 1.50
SWIFT....................................... MN 27151 1.50
TODD........................................ MN 27153 1.50
TRAVERSE.................................... MN 27155 1.50
WABASHA..................................... MN 27157 1.60
WADENA...................................... MN 27159 1.30
WASECA...................................... MN 27161 1.60
WASHINGTON.................................. MN 27163 1.60
WATONWAN.................................... MN 27165 1.60
WILKIN...................................... MN 27167 1.40
WINONA...................................... MN 27169 1.60
WRIGHT...................................... MN 27171 1.60
YELLOW MEDICINE............................. MN 27173 1.50
ADAMS....................................... MS 28001 2.85
ALCORN...................................... MS 28003 2.70
AMITE....................................... MS 28005 2.85
ATTALA...................................... MS 28007 2.85
BENTON...................................... MS 28009 2.70
BOLIVAR..................................... MS 28011 2.85
CALHOUN..................................... MS 28013 2.85
CARROLL..................................... MS 28015 2.85
CHICKASAW................................... MS 28017 2.85
CHOCTAW..................................... MS 28019 2.85
CLAIBORNE................................... MS 28021 2.85
CLARKE...................................... MS 28023 3.10
CLAY........................................ MS 28025 2.85
COAHOMA..................................... MS 28027 2.85
COPIAH...................................... MS 28029 2.85
COVINGTON................................... MS 28031 3.00
DE SOTO..................................... MS 28033 2.85
FORREST..................................... MS 28035 3.10
FRANKLIN.................................... MS 28037 2.85
GEORGE...................................... MS 28039 3.00
GREENE...................................... MS 28041 3.10
GRENADA..................................... MS 28043 2.85
HANCOCK..................................... MS 28045 3.00
HARRISON.................................... MS 28047 3.00
HINDS....................................... MS 28049 2.85
HOLMES...................................... MS 28051 2.85
HUMPHREYS................................... MS 28053 2.85
ISSAQUENA................................... MS 28055 2.85
ITAWAMBA.................................... MS 28057 2.55
JACKSON..................................... MS 28059 3.00
JASPER...................................... MS 28061 3.10
JEFFERSON................................... MS 28063 2.85
JEFFERSON DAVIS............................. MS 28065 3.00
JONES....................................... MS 28067 3.10
KEMPER...................................... MS 28069 2.70
LAFAYETTE................................... MS 28071 2.85
LAMAR....................................... MS 28073 3.00
LAUDERDALE.................................. MS 28075 2.70
LAWRENCE.................................... MS 28077 2.85
LEAKE....................................... MS 28079 2.70
LEE......................................... MS 28081 2.70
LEFLORE..................................... MS 28083 2.85
LINCOLN..................................... MS 28085 2.85
LOWNDES..................................... MS 28087 2.70
MADISON..................................... MS 28089 2.85
MARION...................................... MS 28091 3.00
MARSHALL.................................... MS 28093 2.85
MONROE...................................... MS 28095 2.70
MONTGOMERY.................................. MS 28097 2.85
NESHOBA..................................... MS 28099 2.70
NEWTON...................................... MS 28101 2.70
NOXUBEE..................................... MS 28103 2.70
OKTIBBEHA................................... MS 28105 2.70
PANOLA...................................... MS 28107 2.85
PEARL RIVER................................. MS 28109 3.00
PERRY....................................... MS 28111 3.10
PIKE........................................ MS 28113 2.85
PONTOTOC.................................... MS 28115 2.85
[[Page 47928]]
PRENTISS.................................... MS 28117 2.70
QUITMAN..................................... MS 28119 2.85
RANKIN...................................... MS 28121 2.85
SCOTT....................................... MS 28123 2.70
SHARKEY..................................... MS 28125 2.85
SIMPSON..................................... MS 28127 2.85
SMITH....................................... MS 28129 3.00
STONE....................................... MS 28131 3.00
SUNFLOWER................................... MS 28133 2.85
TALLAHATCHIE................................ MS 28135 2.85
TATE........................................ MS 28137 2.85
TIPPAH...................................... MS 28139 2.70
TISHOMINGO.................................. MS 28141 2.50
TUNICA...................................... MS 28143 2.85
UNION....................................... MS 28145 2.70
WALTHALL.................................... MS 28147 2.85
WARREN...................................... MS 28149 2.85
WASHINGTON.................................. MS 28151 2.85
WAYNE....................................... MS 28153 3.10
WEBSTER..................................... MS 28155 2.85
WILKINSON................................... MS 28157 2.85
WINSTON..................................... MS 28159 2.70
YALOBUSHA................................... MS 28161 2.85
YAZOO....................................... MS 28163 2.85
ADAIR....................................... MO 29001 1.90
ANDREW...................................... MO 29003 1.90
ATCHISON.................................... MO 29005 1.90
AUDRAIN..................................... MO 29007 2.00
BARRY....................................... MO 29009 1.70
BARTON...................................... MO 29011 1.70
BATES....................................... MO 29013 1.70
BENTON...................................... MO 29015 1.90
BOLLINGER................................... MO 29017 2.10
BOONE....................................... MO 29019 2.00
BUCHANAN.................................... MO 29021 1.90
BUTLER...................................... MO 29023 2.10
CALDWELL.................................... MO 29025 1.90
CALLAWAY.................................... MO 29027 2.00
CAMDEN...................................... MO 29029 1.90
CAPE GIRARDEAU.............................. MO 29031 2.10
CARROLL..................................... MO 29033 1.90
CARTER...................................... MO 29035 2.10
CASS........................................ MO 29037 1.90
CEDAR....................................... MO 29039 1.70
CHARITON.................................... MO 29041 1.90
CHRISTIAN................................... MO 29043 1.70
CLARK....................................... MO 29045 1.90
CLAY........................................ MO 29047 1.90
CLINTON..................................... MO 29049 1.90
COLE........................................ MO 29051 2.00
COOPER...................................... MO 29053 1.90
CRAWFORD.................................... MO 29055 1.90
DADE........................................ MO 29057 1.70
DALLAS...................................... MO 29059 1.70
DAVIESS..................................... MO 29061 1.90
DE KALB..................................... MO 29063 1.90
DENT........................................ MO 29065 1.90
DOUGLAS..................................... MO 29067 1.70
DUNKLIN..................................... MO 29069 2.35
FRANKLIN.................................... MO 29071 2.00
GASCONADE................................... MO 29073 2.00
GENTRY...................................... MO 29075 1.90
GREENE...................................... MO 29077 1.70
GRUNDY...................................... MO 29079 1.90
HARRISON.................................... MO 29081 1.90
HENRY....................................... MO 29083 1.70
HICKORY..................................... MO 29085 1.70
HOLT........................................ MO 29087 1.90
HOWARD...................................... MO 29089 1.90
HOWELL...................................... MO 29091 1.90
IRON........................................ MO 29093 2.10
[[Page 47929]]
JACKSON..................................... MO 29095 1.90
JASPER...................................... MO 29097 1.70
JEFFERSON................................... MO 29099 2.10
JOHNSON..................................... MO 29101 1.90
KNOX........................................ MO 29103 1.90
LACLEDE..................................... MO 29105 1.70
LAFAYETTE................................... MO 29107 1.90
LAWRENCE.................................... MO 29109 1.70
LEWIS....................................... MO 29111 1.90
LINCOLN..................................... MO 29113 2.00
LINN........................................ MO 29115 1.90
LIVINGSTON.................................. MO 29117 1.90
MCDONALD.................................... MO 29119 1.70
MACON....................................... MO 29121 1.90
MADISON..................................... MO 29123 2.10
MARIES...................................... MO 29125 1.90
MARION...................................... MO 29127 2.00
MERCER...................................... MO 29129 1.90
MILLER...................................... MO 29131 1.90
MISSISSIPPI................................. MO 29133 2.10
MONITEAU.................................... MO 29135 2.00
MONROE...................................... MO 29137 2.00
MONTGOMERY.................................. MO 29139 2.00
MORGAN...................................... MO 29141 1.90
NEW MADRID.................................. MO 29143 2.35
NEWTON...................................... MO 29145 1.70
NODAWAY..................................... MO 29147 1.90
OREGON...................................... MO 29149 2.10
OSAGE....................................... MO 29151 2.00
OZARK....................................... MO 29153 1.90
PEMISCOT.................................... MO 29155 2.35
PERRY....................................... MO 29157 2.10
PETTIS...................................... MO 29159 1.90
PHELPS...................................... MO 29161 1.90
PIKE........................................ MO 29163 2.00
PLATTE...................................... MO 29165 1.90
POLK........................................ MO 29167 1.70
PULASKI..................................... MO 29169 1.90
PUTNAM...................................... MO 29171 1.90
RALLS....................................... MO 29173 2.00
RANDOLPH.................................... MO 29175 1.90
RAY......................................... MO 29177 1.90
REYNOLDS.................................... MO 29179 2.10
RIPLEY...................................... MO 29181 2.10
ST. CHARLES................................. MO 29183 2.00
ST. CLAIR................................... MO 29185 1.70
STE. GENEVIEVE.............................. MO 29186 2.10
ST. FRANCOIS................................ MO 29187 2.10
ST. LOUIS................................... MO 29189 2.10
SALINE...................................... MO 29195 1.90
SCHUYLER.................................... MO 29197 1.90
SCOTLAND.................................... MO 29199 1.90
SCOTT....................................... MO 29201 2.10
SHANNON..................................... MO 29203 1.90
SHELBY...................................... MO 29205 1.90
STODDARD.................................... MO 29207 2.10
STONE....................................... MO 29209 1.70
SULLIVAN.................................... MO 29211 1.90
TANEY....................................... MO 29213 1.70
TEXAS....................................... MO 29215 1.90
VERNON...................................... MO 29217 1.70
WARREN...................................... MO 29219 2.00
WASHINGTON.................................. MO 29221 2.10
WAYNE....................................... MO 29223 2.10
WEBSTER..................................... MO 29225 1.70
WORTH....................................... MO 29227 1.90
WRIGHT...................................... MO 29229 1.70
ST. LOUIS CITY.............................. MO 29510 2.10
BEAVERHEAD.................................. MT 30001 1.40
BIG HORN.................................... MT 30003 1.50
BLAINE...................................... MT 30005 1.65
[[Page 47930]]
BROADWATER.................................. MT 30007 1.40
CARBON...................................... MT 30009 1.40
CARTER...................................... MT 30011 1.40
CASCADE..................................... MT 30013 1.75
CHOUTEAU.................................... MT 30015 1.75
CUSTER...................................... MT 30017 1.50
DANIELS..................................... MT 30019 1.50
DAWSON...................................... MT 30021 1.50
DEER LODGE.................................. MT 30023 1.40
FALLON...................................... MT 30025 1.40
FERGUS...................................... MT 30027 1.65
FLATHEAD.................................... MT 30029 1.50
GALLATIN.................................... MT 30031 1.40
GARFIELD.................................... MT 30033 1.65
GLACIER..................................... MT 30035 1.65
GOLDEN VALLEY............................... MT 30037 1.65
GRANITE..................................... MT 30039 1.65
HILL........................................ MT 30041 1.75
JEFFERSON................................... MT 30043 1.40
JUDITH BASIN................................ MT 30045 1.65
LAKE........................................ MT 30047 1.50
LEWIS AND CLARK............................. MT 30049 1.65
LIBERTY..................................... MT 30051 1.75
LINCOLN..................................... MT 30053 1.50
MCCONE...................................... MT 30055 1.50
MADISON..................................... MT 30057 1.40
MEAGHER..................................... MT 30059 1.40
MINERAL..................................... MT 30061 1.50
MISSOULA.................................... MT 30063 1.50
MUSSELSHELL................................. MT 30065 1.65
PARK........................................ MT 30067 1.40
PETROLEUM................................... MT 30069 1.65
PHILLIPS.................................... MT 30071 1.65
PONDERA..................................... MT 30073 1.65
POWDER RIVER................................ MT 30075 1.40
POWELL...................................... MT 30077 1.65
PRAIRIE..................................... MT 30079 1.50
RAVALLI..................................... MT 30081 1.65
RICHLAND.................................... MT 30083 1.50
ROOSEVELT................................... MT 30085 1.50
ROSEBUD..................................... MT 30087 1.50
SANDERS..................................... MT 30089 1.50
SHERIDAN.................................... MT 30091 1.50
SILVER BOW.................................. MT 30093 1.40
STILLWATER.................................. MT 30095 1.40
SWEET GRASS................................. MT 30097 1.40
TETON....................................... MT 30099 1.65
TOOLE....................................... MT 30101 1.65
TREASURE.................................... MT 30103 1.50
VALLEY...................................... MT 30105 1.65
WHEATLAND................................... MT 30107 1.65
WIBAUX...................................... MT 30109 1.40
YELLOWSTONE................................. MT 30111 1.65
----------------------------------------------------------------------------------------------------------------
YELLOWSTONE NATIONAL
----------------------------------------------------------------------------------------------------------------
PARK........................................ MT 30113 1.40
ADAMS....................................... NE 31001 1.60
ANTELOPE.................................... NE 31003 1.60
ARTHUR...................................... NE 31005 1.40
BANNER...................................... NE 31007 1.40
BLAINE...................................... NE 31009 1.50
BOONE....................................... NE 31011 1.60
BOX BUTTE................................... NE 31013 1.40
BOYD........................................ NE 31015 1.50
BROWN....................................... NE 31017 1.50
BUFFALO..................................... NE 31019 1.60
BURT........................................ NE 31021 1.80
BUTLER...................................... NE 31023 1.80
CASS........................................ NE 31025 1.90
CEDAR....................................... NE 31027 1.60
[[Page 47931]]
CHASE....................................... NE 31029 1.50
CHERRY...................................... NE 31031 1.40
CHEYENNE.................................... NE 31033 1.40
CLAY........................................ NE 31035 1.80
COLFAX...................................... NE 31037 1.80
CUMING...................................... NE 31039 1.80
CUSTER...................................... NE 31041 1.50
DAKOTA...................................... NE 31043 1.80
DAWES....................................... NE 31045 1.40
DAWSON...................................... NE 31047 1.60
DEUEL....................................... NE 31049 1.40
DIXON....................................... NE 31051 1.60
DODGE....................................... NE 31053 1.80
DOUGLAS..................................... NE 31055 1.90
DUNDY....................................... NE 31057 1.60
FILLMORE.................................... NE 31059 1.80
FRANKLIN.................................... NE 31061 1.60
FRONTIER.................................... NE 31063 1.60
FURNAS...................................... NE 31065 1.60
GAGE........................................ NE 31067 1.90
GARDEN...................................... NE 31069 1.40
GARFIELD.................................... NE 31071 1.50
GOSPER...................................... NE 31073 1.60
GRANT....................................... NE 31075 1.40
GREELEY..................................... NE 31077 1.60
HALL........................................ NE 31079 1.60
HAMILTON.................................... NE 31081 1.80
HARLAN...................................... NE 31083 1.60
HAYES....................................... NE 31085 1.60
HITCHCOCK................................... NE 31087 1.60
HOLT........................................ NE 31089 1.50
HOOKER...................................... NE 31091 1.40
HOWARD...................................... NE 31093 1.60
JEFFERSON................................... NE 31095 1.80
JOHNSON..................................... NE 31097 1.90
KEARNEY..................................... NE 31099 1.60
KEITH....................................... NE 31101 1.40
KEYA PAHA................................... NE 31103 1.50
KIMBALL..................................... NE 31105 1.40
KNOX........................................ NE 31107 1.60
LANCASTER................................... NE 31109 1.80
LINCOLN..................................... NE 31111 1.50
LOGAN....................................... NE 31113 1.50
LOUP........................................ NE 31115 1.50
MCPHERSON................................... NE 31117 1.50
MADISON..................................... NE 31119 1.60
MERRICK..................................... NE 31121 1.60
MORRILL..................................... NE 31123 1.40
NANCE....................................... NE 31125 1.60
NEMAHA...................................... NE 31127 1.90
NUCKOLLS.................................... NE 31129 1.60
OTOE........................................ NE 31131 1.90
PAWNEE...................................... NE 31133 1.90
PERKINS..................................... NE 31135 1.50
PHELPS...................................... NE 31137 1.60
PIERCE...................................... NE 31139 1.60
PLATTE...................................... NE 31141 1.80
POLK........................................ NE 31143 1.80
RED WILLOW.................................. NE 31145 1.60
RICHARDSON.................................. NE 31147 1.90
ROCK........................................ NE 31149 1.50
SALINE...................................... NE 31151 1.80
SARPY....................................... NE 31153 1.90
SAUNDERS.................................... NE 31155 1.80
SCOTTS BLUFF................................ NE 31157 1.40
SEWARD...................................... NE 31159 1.80
SHERIDAN.................................... NE 31161 1.40
SHERMAN..................................... NE 31163 1.60
SIOUX....................................... NE 31165 1.40
STANTON..................................... NE 31167 1.60
THAYER...................................... NE 31169 1.80
[[Page 47932]]
THOMAS...................................... NE 31171 1.40
THURSTON.................................... NE 31173 1.80
VALLEY...................................... NE 31175 1.60
WASHINGTON.................................. NE 31177 1.90
WAYNE....................................... NE 31179 1.60
WEBSTER..................................... NE 31181 1.60
WHEELER..................................... NE 31183 1.60
YORK........................................ NE 31185 1.80
CHURCHILL................................... NV 32001 1.40
CLARK....................................... NV 32003 2.25
DOUGLAS..................................... NV 32005 1.20
ELKO........................................ NV 32007 1.40
ESMERALDA................................... NV 32009 1.50
EUREKA...................................... NV 32011 1.40
HUMBOLDT.................................... NV 32013 1.40
LANDER...................................... NV 32015 1.40
LINCOLN..................................... NV 32017 1.80
LYON........................................ NV 32019 1.20
MINERAL..................................... NV 32021 1.20
NYE......................................... NV 32023 1.50
PERSHING.................................... NV 32027 1.40
STOREY...................................... NV 32029 1.20
WASHOE...................................... NV 32031 1.40
WHITE PINE.................................. NV 32033 1.50
CARSON CITY................................. NV 32510 1.20
BELKNAP..................................... NH 33001 2.30
CARROLL..................................... NH 33003 2.15
CHESHIRE.................................... NH 33005 2.50
COOS........................................ NH 33007 1.95
GRAFTON..................................... NH 33009 2.15
HILLSBOROUGH................................ NH 33011 2.60
MERRIMACK................................... NH 33013 2.45
ROCKINGHAM.................................. NH 33015 2.60
STRAFFORD................................... NH 33017 2.45
SULLIVAN.................................... NH 33019 2.30
ATLANTIC.................................... NJ 34001 2.20
BERGEN...................................... NJ 34003 2.50
BURLINGTON.................................. NJ 34005 2.20
CAMDEN...................................... NJ 34007 2.20
CAPE MAY.................................... NJ 34009 2.20
CUMBERLAND.................................. NJ 34011 2.20
ESSEX....................................... NJ 34013 2.50
GLOUCESTER.................................. NJ 34015 2.20
HUDSON...................................... NJ 34017 2.50
HUNTERDON................................... NJ 34019 2.30
MERCER...................................... NJ 34021 2.30
MIDDLESEX................................... NJ 34023 2.30
MONMOUTH.................................... NJ 34025 2.30
MORRIS...................................... NJ 34027 2.30
OCEAN....................................... NJ 34029 2.30
PASSAIC..................................... NJ 34031 2.50
SALEM....................................... NJ 34033 2.20
SOMERSET.................................... NJ 34035 2.30
SUSSEX...................................... NJ 34037 2.30
UNION....................................... NJ 34039 2.50
WARREN...................................... NJ 34041 2.30
BERNALILLO.................................. NM 35001 2.30
CATRON...................................... NM 35003 1.90
CHAVES...................................... NM 35005 1.60
CIBOLA...................................... NM 35006 1.90
COLFAX...................................... NM 35007 1.90
CURRY....................................... NM 35009 1.60
DE BACA..................................... NM 35011 1.60
DONA ANA.................................... NM 35013 1.60
EDDY........................................ NM 35015 1.60
GRANT....................................... NM 35017 1.60
GUADALUPE................................... NM 35019 1.90
HARDING..................................... NM 35021 1.90
HIDALGO..................................... NM 35023 1.60
LEA......................................... NM 35025 1.60
LINCOLN..................................... NM 35027 1.90
[[Page 47933]]
LOS ALAMOS.................................. NM 35028 2.30
LUNA........................................ NM 35029 1.60
MCKINLEY.................................... NM 35031 1.90
MORA........................................ NM 35033 1.90
OTERO....................................... NM 35035 1.60
QUAY........................................ NM 35037 1.60
RIO ARRIBA.................................. NM 35039 2.20
ROOSEVELT................................... NM 35041 1.60
SANDOVAL.................................... NM 35043 2.30
SAN JUAN.................................... NM 35045 2.20
SAN MIGUEL.................................. NM 35047 1.90
SANTA FE.................................... NM 35049 2.30
SIERRA...................................... NM 35051 1.90
SOCORRO..................................... NM 35053 1.90
TAOS........................................ NM 35055 1.90
TORRANCE.................................... NM 35057 1.90
UNION....................................... NM 35059 1.90
VALENCIA.................................... NM 35061 1.90
ALBANY...................................... NY 36001 2.15
ALLEGANY.................................... NY 36003 1.85
BRONX....................................... NY 36005 2.50
BROOME...................................... NY 36007 1.90
CATTARAUGUS................................. NY 36009 1.60
CAYUGA...................................... NY 36011 1.85
CHAUTAUQUA.................................. NY 36013 1.60
CHEMUNG..................................... NY 36015 1.85
CHENANGO.................................... NY 36017 1.85
CLINTON..................................... NY 36019 1.95
COLUMBIA.................................... NY 36021 2.15
CORTLAND.................................... NY 36023 1.85
DELAWARE.................................... NY 36025 2.15
DUTCHESS.................................... NY 36027 2.30
ERIE........................................ NY 36029 1.85
ESSEX....................................... NY 36031 2.05
FRANKLIN.................................... NY 36033 1.85
FULTON...................................... NY 36035 2.05
GENESEE..................................... NY 36037 1.85
GREENE...................................... NY 36039 2.15
HAMILTON.................................... NY 36041 1.95
HERKIMER.................................... NY 36043 1.95
JEFFERSON................................... NY 36045 1.85
KINGS....................................... NY 36047 2.50
LEWIS....................................... NY 36049 1.85
LIVINGSTON.................................. NY 36051 1.85
MADISON..................................... NY 36053 1.85
MONROE...................................... NY 36055 1.85
MONTGOMERY.................................. NY 36057 2.05
NASSAU...................................... NY 36059 2.50
NEW YORK.................................... NY 36061 2.50
NIAGARA..................................... NY 36063 1.85
ONEIDA...................................... NY 36065 1.85
ONONDAGA.................................... NY 36067 1.85
ONTARIO..................................... NY 36069 1.85
ORANGE...................................... NY 36071 2.30
ORLEANS..................................... NY 36073 1.85
OSWEGO...................................... NY 36075 1.85
OTSEGO...................................... NY 36077 1.95
PUTNAM...................................... NY 36079 2.30
QUEENS...................................... NY 36081 2.50
RENSSELAER.................................. NY 36083 2.15
RICHMOND.................................... NY 36085 2.50
ROCKLAND.................................... NY 36087 2.50
ST. LAWRENCE................................ NY 36089 1.85
SARATOGA.................................... NY 36091 2.05
SCHENECTADY................................. NY 36093 2.15
SCHOHARIE................................... NY 36095 2.05
SCHUYLER.................................... NY 36097 1.85
SENECA...................................... NY 36099 1.85
STEUBEN..................................... NY 36101 1.85
SUFFOLK..................................... NY 36103 2.50
SULLIVAN.................................... NY 36105 2.15
[[Page 47934]]
TIOGA....................................... NY 36107 1.90
TOMPKINS.................................... NY 36109 1.85
ULSTER...................................... NY 36111 2.15
WARREN...................................... NY 36113 1.95
WASHINGTON.................................. NY 36115 2.05
WAYNE....................................... NY 36117 1.85
WESTCHESTER................................. NY 36119 2.50
WYOMING..................................... NY 36121 1.85
YATES....................................... NY 36123 1.85
ALAMANCE.................................... NC 37001 2.35
ALEXANDER................................... NC 37003 2.35
ALLEGHANY................................... NC 37005 2.35
ANSON....................................... NC 37007 2.55
ASHE........................................ NC 37009 2.25
AVERY....................................... NC 37011 2.25
BEAUFORT.................................... NC 37013 2.65
BERTIE...................................... NC 37015 2.65
BLADEN...................................... NC 37017 2.80
BRUNSWICK................................... NC 37019 2.85
BUNCOMBE.................................... NC 37021 2.55
BURKE....................................... NC 37023 2.35
CABARRUS.................................... NC 37025 2.55
CALDWELL.................................... NC 37027 2.35
CAMDEN...................................... NC 37029 2.55
CARTERET.................................... NC 37031 2.85
CASWELL..................................... NC 37033 2.35
CATAWBA..................................... NC 37035 2.35
CHATHAM..................................... NC 37037 2.35
CHEROKEE.................................... NC 37039 2.55
CHOWAN...................................... NC 37041 2.55
CLAY........................................ NC 37043 2.55
CLEVELAND................................... NC 37045 2.55
COLUMBUS.................................... NC 37047 3.00
CRAVEN...................................... NC 37049 2.85
CUMBERLAND.................................. NC 37051 2.80
CURRITUCK................................... NC 37053 2.55
DARE........................................ NC 37055 2.65
DAVIDSON.................................... NC 37057 2.35
DAVIE....................................... NC 37059 2.35
DUPLIN...................................... NC 37061 2.85
DURHAM...................................... NC 37063 2.35
EDGECOMBE................................... NC 37065 2.65
FORSYTH..................................... NC 37067 2.35
FRANKLIN.................................... NC 37069 2.55
GASTON...................................... NC 37071 2.55
GATES....................................... NC 37073 2.55
GRAHAM...................................... NC 37075 2.55
GRANVILLE................................... NC 37077 2.55
GREENE...................................... NC 37079 2.65
GUILFORD.................................... NC 37081 2.35
HALIFAX..................................... NC 37083 2.55
HARNETT..................................... NC 37085 2.55
HAYWOOD..................................... NC 37087 2.55
HENDERSON................................... NC 37089 2.55
HERTFORD.................................... NC 37091 2.55
HOKE........................................ NC 37093 2.80
HYDE........................................ NC 37095 2.65
IREDELL..................................... NC 37097 2.35
JACKSON..................................... NC 37099 2.55
JOHNSTON.................................... NC 37101 2.65
JONES....................................... NC 37103 2.85
LEE......................................... NC 37105 2.55
LENOIR...................................... NC 37107 2.85
LINCOLN..................................... NC 37109 2.35
MCDOWELL.................................... NC 37111 2.35
MACON....................................... NC 37113 2.55
MADISON..................................... NC 37115 2.25
MARTIN...................................... NC 37117 2.65
MECKLENBURG................................. NC 37119 2.55
MITCHELL.................................... NC 37121 2.25
MONTGOMERY.................................. NC 37123 2.55
[[Page 47935]]
MOORE....................................... NC 37125 2.55
NASH........................................ NC 37127 2.65
NEW HANOVER................................. NC 37129 2.85
NORTHAMPTON................................. NC 37131 2.55
ONSLOW...................................... NC 37133 2.85
ORANGE...................................... NC 37135 2.35
PAMLICO..................................... NC 37137 2.85
PASQUOTANK.................................. NC 37139 2.55
PENDER...................................... NC 37141 2.85
PERQUIMANS.................................. NC 37143 2.55
PERSON...................................... NC 37145 2.35
PITT........................................ NC 37147 2.65
POLK........................................ NC 37149 2.55
RANDOLPH.................................... NC 37151 2.35
RICHMOND.................................... NC 37153 2.55
ROBESON..................................... NC 37155 3.00
ROCKINGHAM.................................. NC 37157 2.35
ROWAN....................................... NC 37159 2.35
RUTHERFORD.................................. NC 37161 2.55
SAMPSON..................................... NC 37163 2.80
SCOTLAND.................................... NC 37165 2.80
STANLY...................................... NC 37167 2.55
STOKES...................................... NC 37169 2.35
SURRY....................................... NC 37171 2.35
SWAIN....................................... NC 37173 2.25
TRANSYLVANIA................................ NC 37175 2.55
TYRRELL..................................... NC 37177 2.65
UNION....................................... NC 37179 2.55
VANCE....................................... NC 37181 2.55
WAKE........................................ NC 37183 2.55
WARREN...................................... NC 37185 2.55
WASHINGTON.................................. NC 37187 2.65
WATAUGA..................................... NC 37189 2.25
WAYNE....................................... NC 37191 2.65
WILKES...................................... NC 37193 2.35
WILSON...................................... NC 37195 2.65
YADKIN...................................... NC 37197 2.35
YANCEY...................................... NC 37199 2.25
ADAMS....................................... ND 38001 1.40
BARNES...................................... ND 38003 1.40
BENSON...................................... ND 38005 1.40
BILLINGS.................................... ND 38007 1.40
BOTTINEAU................................... ND 38009 1.40
BOWMAN...................................... ND 38011 1.40
BURKE....................................... ND 38013 1.40
BURLEIGH.................................... ND 38015 1.40
CASS........................................ ND 38017 1.40
CAVALIER.................................... ND 38019 1.40
DICKEY...................................... ND 38021 1.40
DIVIDE...................................... ND 38023 1.40
DUNN........................................ ND 38025 1.40
EDDY........................................ ND 38027 1.40
EMMONS...................................... ND 38029 1.40
FOSTER...................................... ND 38031 1.40
GOLDEN VALLEY............................... ND 38033 1.40
GRAND FORKS................................. ND 38035 1.40
GRANT....................................... ND 38037 1.40
GRIGGS...................................... ND 38039 1.40
HETTINGER................................... ND 38041 1.40
KIDDER...................................... ND 38043 1.40
LA MOURE.................................... ND 38045 1.40
LOGAN....................................... ND 38047 1.40
MCHENRY..................................... ND 38049 1.40
MCINTOSH.................................... ND 38051 1.40
MCKENZIE.................................... ND 38053 1.40
MCLEAN...................................... ND 38055 1.40
MERCER...................................... ND 38057 1.40
MORTON...................................... ND 38059 1.40
MOUNTRAIL................................... ND 38061 1.40
NELSON...................................... ND 38063 1.40
OLIVER...................................... ND 38065 1.40
[[Page 47936]]
PEMBINA..................................... ND 38067 1.40
PIERCE...................................... ND 38069 1.40
RAMSEY...................................... ND 38071 1.40
RANSOM...................................... ND 38073 1.40
RENVILLE.................................... ND 38075 1.40
RICHLAND.................................... ND 38077 1.40
ROLETTE..................................... ND 38079 1.40
SARGENT..................................... ND 38081 1.40
SHERIDAN.................................... ND 38083 1.40
SIOUX....................................... ND 38085 1.40
SLOPE....................................... ND 38087 1.40
STARK....................................... ND 38089 1.40
STEELE...................................... ND 38091 1.40
STUTSMAN.................................... ND 38093 1.40
TOWNER...................................... ND 38095 1.40
TRAILL...................................... ND 38097 1.40
WALSH....................................... ND 38099 1.40
WARD........................................ ND 38101 1.40
WELLS....................................... ND 38103 1.40
WILLIAMS.................................... ND 38105 1.40
ADAMS....................................... OH 39001 2.05
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 2.05
BUTLER...................................... OH 39017 2.05
CARROLL..................................... OH 39019 1.95
CHAMPAIGN................................... OH 39021 2.00
CLARK....................................... OH 39023 2.00
CLERMONT.................................... OH 39025 2.05
CLINTON..................................... OH 39027 2.05
COLUMBIANA.................................. OH 39029 1.95
COSHOCTON................................... OH 39031 1.95
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
FULTON...................................... OH 39051 1.85
GALLIA...................................... OH 39053 2.20
GEAUGA...................................... OH 39055 2.00
GREENE...................................... OH 39057 2.00
GUERNSEY.................................... OH 39059 2.00
HAMILTON.................................... OH 39061 2.05
HANCOCK..................................... OH 39063 2.00
HARDIN...................................... OH 39065 2.00
HARRISON.................................... OH 39067 1.95
HENRY....................................... OH 39069 1.85
HIGHLAND.................................... OH 39071 2.05
HOCKING..................................... OH 39073 2.00
HOLMES...................................... OH 39075 1.95
HURON....................................... OH 39077 2.00
JACKSON..................................... OH 39079 2.05
JEFFERSON................................... OH 39081 1.95
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 1.85
MADISON..................................... OH 39097 2.00
MAHONING.................................... OH 39099 1.95
MARION...................................... OH 39101 2.00
[[Page 47937]]
MEDINA...................................... OH 39103 2.00
MEIGS....................................... OH 39105 2.05
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
OTTA........................................ OH 39123 1.85
PAULDING.................................... OH 39125 1.80
PERRY....................................... OH 39127 2.00
PICKAWAY.................................... OH 39129 2.00
PIKE........................................ OH 39131 2.05
PORTAGE..................................... OH 39133 2.00
PREBLE...................................... OH 39135 2.00
PUTNAM...................................... OH 39137 2.00
RICHLAND.................................... OH 39139 2.00
ROSS........................................ OH 39141 2.05
SANDUSKY.................................... OH 39143 2.00
SCIOTO...................................... OH 39145 2.05
SENECA...................................... OH 39147 2.00
SHELBY...................................... OH 39149 2.00
STARK....................................... OH 39151 1.95
SUMMIT...................................... OH 39153 2.00
TRUMBULL.................................... OH 39155 2.00
TUSCARAWAS.................................. OH 39157 1.95
UNION....................................... OH 39159 2.00
VAN WERT.................................... OH 39161 2.00
VINTON...................................... OH 39163 2.05
WARREN...................................... OH 39165 2.05
WASHINGTON.................................. OH 39167 2.00
WAYNE....................................... OH 39169 1.95
WILLIAMS.................................... OH 39171 1.80
WOOD........................................ OH 39173 1.85
WYANDOT..................................... OH 39175 2.00
ADAIR....................................... OK 40001 1.90
ALFALFA..................................... OK 40003 1.90
ATOKA....................................... OK 40005 1.95
BEAVER...................................... OK 40007 1.90
BECKHAM..................................... OK 40009 1.90
BLAINE...................................... OK 40011 1.90
BRYAN....................................... OK 40013 1.95
CADDO....................................... OK 40015 1.90
CANADIAN.................................... OK 40017 1.90
CARTER...................................... OK 40019 1.95
CHEROKEE.................................... OK 40021 1.90
CHOCTAW..................................... OK 40023 1.95
CIMARRON.................................... OK 40025 1.90
CLEVELAND................................... OK 40027 1.90
COAL........................................ OK 40029 1.95
COMANCHE.................................... OK 40031 1.95
COTTON...................................... OK 40033 1.95
CRAIG....................................... OK 40035 1.70
CREEK....................................... OK 40037 1.90
CUSTER...................................... OK 40039 1.90
DELAWARE.................................... OK 40041 1.70
DEWEY....................................... OK 40043 1.90
ELLIS....................................... OK 40045 1.90
GARFIELD.................................... OK 40047 1.90
GARVIN...................................... OK 40049 1.95
GRADY....................................... OK 40051 1.90
GRANT....................................... OK 40053 1.90
GREER....................................... OK 40055 1.95
HARMON...................................... OK 40057 1.95
HARPER...................................... OK 40059 1.90
HASKELL..................................... OK 40061 1.90
HUGHES...................................... OK 40063 1.90
JACKSON..................................... OK 40065 1.95
JEFFERSON................................... OK 40067 1.95
[[Page 47938]]
JOHNSTON.................................... OK 40069 1.95
KAY......................................... OK 40071 1.90
KINGFISHER.................................. OK 40073 1.90
KIOWA....................................... OK 40075 1.95
LATIMER..................................... OK 40077 1.90
LE FLORE.................................... OK 40079 1.90
LINCOLN..................................... OK 40081 1.90
LOGAN....................................... OK 40083 1.90
LOVE........................................ OK 40085 1.95
MCCLAIN..................................... OK 40087 1.90
MCCURTAIN................................... OK 40089 1.95
MCINTOSH.................................... OK 40091 1.90
MAJOR....................................... OK 40093 1.90
MARSHALL.................................... OK 40095 1.95
MAYES....................................... OK 40097 1.70
MURRAY...................................... OK 40099 1.95
MUSKOGEE.................................... OK 40101 1.90
NOBLE....................................... OK 40103 1.90
NOWATA...................................... OK 40105 1.70
OKFUSKEE.................................... OK 40107 1.90
OKLAHOMA.................................... OK 40109 1.90
OKMULGEE.................................... OK 40111 1.90
OSAGE....................................... OK 40113 1.90
OTTAWA...................................... OK 40115 1.70
PAWNEE...................................... OK 40117 1.90
PAYNE....................................... OK 40119 1.90
PITTSBURG................................... OK 40121 1.90
PONTOTOC.................................... OK 40123 1.95
POTTAWATOMIE................................ OK 40125 1.90
PUSHMATAHA.................................. OK 40127 1.95
ROGER MILLS................................. OK 40129 1.90
ROGERS...................................... OK 40131 1.70
SEMINOLE.................................... OK 40133 1.90
SEQUOYAH.................................... OK 40135 1.90
STEPHENS.................................... OK 40137 1.95
TEXAS....................................... OK 40139 1.90
TILLMAN..................................... OK 40141 1.95
TULSA....................................... OK 40143 1.90
WAGONER..................................... OK 40145 1.90
WASHINGTON.................................. OK 40147 1.70
WASHITA..................................... OK 40149 1.90
WOODS....................................... OK 40151 1.90
WOODWARD.................................... OK 40153 1.90
BAKER....................................... OR 41001 1.35
BENTON...................................... OR 41003 1.55
CLACKAMAS................................... OR 41005 1.45
CLATSOP..................................... OR 41007 1.45
COLUMBIA.................................... OR 41009 1.45
COOS........................................ OR 41011 1.70
CROOK....................................... OR 41013 1.30
CURRY....................................... OR 41015 1.85
DESCHUTES................................... OR 41017 1.55
DOUGLAS..................................... OR 41019 1.70
GILLIAM..................................... OR 41021 1.30
GRANT....................................... OR 41023 1.35
HARNEY...................................... OR 41025 1.35
HOOD RIVER.................................. OR 41027 1.45
JACKSON..................................... OR 41029 1.85
JEFFERSON................................... OR 41031 1.30
JOSEPHINE................................... OR 41033 1.85
KLAMATH..................................... OR 41035 1.70
LAKE........................................ OR 41037 1.55
LANE........................................ OR 41039 1.55
LINCOLN..................................... OR 41041 1.55
LINN........................................ OR 41043 1.55
MALHEUR..................................... OR 41045 1.35
MARION...................................... OR 41047 1.45
MORROW...................................... OR 41049 1.30
MULTNOMAH................................... OR 41051 1.45
POLK........................................ OR 41053 1.45
SHERMAN..................................... OR 41055 1.30
[[Page 47939]]
TILLAMOOK................................... OR 41057 1.45
UMATILLA.................................... OR 41059 1.35
UNION....................................... OR 41061 1.35
WALLOWA..................................... OR 41063 1.35
WASCO....................................... OR 41065 1.30
WASHINGTON.................................. OR 41067 1.45
WHEELER..................................... OR 41069 1.30
YAMHILL..................................... OR 41071 1.45
ADAMS....................................... PA 42001 2.05
ALLEGHENY................................... PA 42003 1.95
ARMSTRONG................................... PA 42005 1.95
BEAVER...................................... PA 42007 1.95
BEDFORD..................................... PA 42009 2.05
BERKS....................................... PA 42011 2.05
BLAIR....................................... PA 42013 2.05
BRADFORD.................................... PA 42015 1.90
BUCKS....................................... PA 42017 2.10
BUTLER...................................... PA 42019 1.95
CAMBRIA..................................... PA 42021 2.05
CAMERON..................................... PA 42023 1.95
CARBON...................................... PA 42025 2.10
CENTRE...................................... PA 42027 2.00
CHESTER..................................... PA 42029 2.10
CLARION..................................... PA 42031 1.95
CLEARFIELD.................................. PA 42033 1.95
CLINTON..................................... PA 42035 2.00
COLUMBIA.................................... PA 42037 2.00
CRAWFORD.................................... PA 42039 1.75
CUMBERLAND.................................. PA 42041 2.05
DAUPHIN..................................... PA 42043 2.05
DELAWARE.................................... PA 42045 2.20
ELK......................................... PA 42047 1.95
ERIE........................................ PA 42049 1.75
FAYETTE..................................... PA 42051 1.95
FOREST...................................... PA 42053 1.75
FRANKLIN.................................... PA 42055 2.05
FULTON...................................... PA 42057 2.05
GREENE...................................... PA 42059 1.95
HUNTINGDON.................................. PA 42061 2.05
INDIANA..................................... PA 42063 1.95
JEFFERSON................................... PA 42065 1.95
JUNIATA..................................... PA 42067 2.00
LACKAWANNA.................................. PA 42069 2.00
LANCASTER................................... PA 42071 2.05
LAWRENCE.................................... PA 42073 1.95
LEBANON..................................... PA 42075 2.05
LEHIGH...................................... PA 42077 2.10
LUZERNE..................................... PA 42079 2.00
LYCOMING.................................... PA 42081 2.00
MCKEAN...................................... PA 42083 1.85
MERCER...................................... PA 42085 1.75
MIFFLIN..................................... PA 42087 2.00
MONROE...................................... PA 42089 2.10
MONTGOMERY.................................. PA 42091 2.10
MONTOUR..................................... PA 42093 2.00
NORTHAMPTON................................. PA 42095 2.10
NORTHUMBERLAND.............................. PA 42097 2.00
PERRY....................................... DPA 42099 2.05
PHILADELPHIA................................ PA 42101 2.20
PIKE........................................ PA 42103 2.15
POTTER...................................... PA 42105 1.90
SCHUYLKILL.................................. PA 42107 2.05
SNYDER...................................... PA 42109 2.00
SOMERSET.................................... PA 42111 2.05
SULLIVAN.................................... PA 42113 2.00
SUSQUEHANNA................................. PA 42115 1.90
TIOGA....................................... PA 42117 1.90
UNION....................................... PA 42119 2.00
VENANGO..................................... PA 42121 1.75
WARREN...................................... PA 42123 1.60
WASHINGTON.................................. PA 42125 1.95
[[Page 47940]]
WAYNE....................................... PA 42127 2.15
WESTMORELAND................................ PA 42129 1.95
WYOMING..................................... PA 42131 2.00
YORK........................................ PA 42133 2.05
BRISTOL..................................... RI 44001 2.75
KENT........................................ RI 44003 2.75
NEWPORT..................................... RI 44005 2.75
PROVIDENCE.................................. RI 44007 2.75
WASHINGTON.................................. RI 44009 2.75
ABBEVILLE................................... SC 45001 2.70
AIKEN....................................... SC 45003 2.80
ALLENDALE................................... SC 45005 3.10
ANDERSON.................................... SC 45007 2.55
BAMBERG..................................... SC 45009 3.10
BARNWELL.................................... SC 45011 2.80
BEAUFORT.................................... SC 45013 3.10
BERKELEY.................................... SC 45015 3.00
CALHOUN..................................... SC 45017 2.80
CHARLESTON.................................. SC 45019 3.10
CHEROKEE.................................... SC 45021 2.55
CHESTER..................................... SC 45023 2.70
CHESTERFIELD................................ SC 45025 2.70
CLARENDON................................... SC 45027 2.80
COLLETON.................................... SC 45029 3.10
DARLINGTON.................................. SC 45031 2.80
DILLON...................................... SC 45033 3.00
DORCHESTER.................................. SC 45035 3.10
EDGEFIELD................................... SC 45037 2.80
FAIRFIELD................................... SC 45039 2.70
FLORENCE.................................... SC 45041 3.00
GEORGETOWN.................................. SC 45043 3.00
GREENVILLE.................................. SC 45045 2.55
GREENWOOD................................... SC 45047 2.70
HAMPTON..................................... SC 45049 3.20
HORRY....................................... SC 45051 3.00
JASPER...................................... SC 45053 3.20
KERSHAW..................................... SC 45055 2.70
LANCASTER................................... SC 45057 2.70
LAURENS..................................... SC 45059 2.55
LEE......................................... SC 45061 2.80
LEXINGTON................................... SC 45063 2.80
MCCORMICK................................... SC 45065 2.80
MARION...................................... SC 45067 3.00
MARLBORO.................................... SC 45069 2.80
NEWBERRY.................................... SC 45071 2.70
OCONEE...................................... SC 45073 2.55
ORANGEBURG.................................. SC 45075 2.80
PICKENS..................................... SC 45077 2.55
RICHLAND.................................... SC 45079 2.80
SALUDA...................................... SC 45081 2.80
SPARTANBURG................................. SC 45083 2.55
SUMTER...................................... SC 45085 2.80
UNION....................................... SC 45087 2.55
WILLIAMSBURG................................ SC 45089 3.00
YORK........................................ SC 45091 2.55
AURORA...................................... SD 46003 1.50
BEADLE...................................... SD 46005 1.50
BENNETT..................................... SD 46007 1.40
BON HOMME................................... SD 46009 1.50
BROOKINGS................................... SD 46011 1.50
BROWN....................................... SD 46013 1.40
BRULE....................................... SD 46015 1.50
BUFFALO..................................... SD 46017 1.40
BUTTE....................................... SD 46019 1.40
CAMPBELL.................................... SD 46021 1.40
CHARLES MIX................................. SD 46023 1.50
CLARK....................................... SD 46025 1.50
CLAY........................................ SD 46027 1.70
CODINGTON................................... SD 46029 1.50
CORSON...................................... SD 46031 1.40
CUSTER...................................... SD 46033 1.40
[[Page 47941]]
DAVISON..................................... SD 46035 1.50
DAY......................................... SD 46037 1.40
DEUEL....................................... SD 46039 1.50
DEWEY....................................... SD 46041 1.40
DOUGLAS..................................... SD 46043 1.50
EDMUNDS..................................... SD 46045 1.40
FALL RIVER.................................. SD 46047 1.40
FAULK....................................... SD 46049 1.40
GRANT....................................... SD 46051 1.50
GREGORY..................................... SD 46053 1.50
HAAKON...................................... SD 46055 1.40
HAMLIN...................................... SD 46057 1.50
HAND........................................ SD 46059 1.40
HANSON...................................... SD 46061 1.50
HARDING..................................... SD 46063 1.40
HUGHES...................................... SD 46065 1.40
HUTCHINSON.................................. SD 46067 1.50
HYDE........................................ SD 46069 1.40
JACKSON..................................... SD 46071 1.40
JERAULD..................................... SD 46073 1.50
JONES....................................... SD 46075 1.40
KINGSBURY................................... SD 46077 1.50
LAKE........................................ SD 46079 1.50
LAWRENCE.................................... SD 46081 1.40
LINCOLN..................................... SD 46083 1.60
LYMAN....................................... SD 46085 1.40
MCCOOK...................................... SD 46087 1.50
MCPHERSON................................... SD 46089 1.40
MARSHALL.................................... SD 46091 1.40
MEADE....................................... SD 46093 1.40
MELLETTE.................................... SD 46095 1.40
MINER....................................... SD 46097 1.50
MINNEHAHA................................... SD 46099 1.60
MOODY....................................... SD 46101 1.50
PENNINGTON.................................. SD 46103 1.40
PERKINS..................................... SD 46105 1.40
POTTER...................................... SD 46107 1.40
ROBERTS..................................... SD 46109 1.50
SANBORN..................................... SD 46111 1.50
SHANNON..................................... SD 46113 1.40
SPINK....................................... SD 46115 1.40
STANLEY..................................... SD 46117 1.40
SULLY....................................... SD 46119 1.40
TODD........................................ SD 46121 1.40
TRIPP....................................... SD 46123 1.40
TURNER...................................... SD 46125 1.60
UNION....................................... SD 46127 1.70
WALWORTH.................................... SD 46129 1.40
YANKTON..................................... SD 46135 1.60
ZIEBACH..................................... SD 46137 1.40
ANDERSON.................................... TN 47001 2.15
BEDFORD..................................... TN 47003 2.05
BENTON...................................... TN 47005 2.20
BLEDSOE..................................... TN 47007 2.25
BLOUNT...................................... TN 47009 2.25
BRADLEY..................................... TN 47011 2.55
CAMPBELL.................................... TN 47013 2.15
CANNON...................................... TN 47015 2.05
CARROLL..................................... TN 47017 2.50
CARTER...................................... TN 47019 2.25
CHEATHAM.................................... TN 47021 2.05
CHESTER..................................... TN 47023 2.70
CLAIBORNE................................... TN 47025 2.15
CLAY........................................ TN 47027 2.05
COCKE....................................... TN 47029 2.25
COFFEE...................................... TN 47031 2.05
CROCKETT.................................... TN 47033 2.70
CUMBERLAND.................................. TN 47035 2.15
DAVIDSON.................................... TN 47037 2.05
DECATUR..................................... TN 47039 2.20
DE KALB..................................... TN 47041 2.05
[[Page 47942]]
DICKSON..................................... TN 47043 2.20
DYER........................................ TN 47045 2.50
FAYETTE..................................... TN 47047 2.85
FENTRESS.................................... TN 47049 2.15
FRANKLIN.................................... TN 47051 2.25
GIBSON...................................... TN 47053 2.50
GILES....................................... TN 47055 2.20
GRAINGER.................................... TN 47057 2.25
GREENE...................................... TN 47059 2.25
GRUNDY...................................... TN 47061 2.25
HAMBLEN..................................... TN 47063 2.25
HAMILTON.................................... TN 47065 2.55
HANCOCK..................................... TN 47067 2.25
HARDEMAN.................................... TN 47069 2.70
HARDIN...................................... TN 47071 2.50
HAWKINS..................................... TN 47073 2.25
HAYWOOD..................................... TN 47075 2.70
HENDERSON................................... TN 47077 2.50
HENRY....................................... TN 47079 2.30
HICKMAN..................................... TN 47081 2.20
HOUSTON..................................... TN 47083 2.20
HUMPHREYS................................... TN 47085 2.20
JACKSON..................................... TN 47087 2.05
JEFFERSON................................... TN 47089 2.25
JOHNSON..................................... TN 47091 2.25
KNOX........................................ TN 47093 2.25
LAKE........................................ TN 47095 2.30
LAUDERDALE.................................. TN 47097 2.70
LAWRENCE.................................... TN 47099 2.20
LEWIS....................................... TN 47101 2.20
LINCOLN..................................... TN 47103 2.25
LOUDON...................................... TN 47105 2.25
MCMINN...................................... TN 47107 2.55
MCNAIRY..................................... TN 47109 2.70
MACON....................................... TN 47111 2.05
MADISON..................................... TN 47113 2.70
MARION...................................... TN 47115 2.25
MARSHALL.................................... TN 47117 2.05
MAURY....................................... TN 47119 2.05
MEIGS....................................... TN 47121 2.55
MONROE...................................... TN 47123 2.55
MONTGOMERY.................................. TN 47125 2.20
MOORE....................................... TN 47127 2.25
MORGAN...................................... TN 47129 2.15
OBION....................................... TN 47131 2.30
OVERTON..................................... TN 47133 2.15
PERRY....................................... TN 47135 2.20
PICKETT..................................... TN 47137 2.15
POLK........................................ TN 47139 2.55
PUTNAM...................................... TN 47141 2.15
RHEA........................................ TN 47143 2.25
ROANE....................................... TN 47145 2.25
ROBERTSON................................... TN 47147 2.05
RUTHERFORD.................................. TN 47149 2.05
SCOTT....................................... TN 47151 2.15
SEQUATCHIE.................................. TN 47153 2.25
SEVIER...................................... TN 47155 2.25
SHELBY...................................... TN 47157 2.85
SMITH....................................... TN 47159 2.05
STEWART..................................... TN 47161 2.20
SULLIVAN.................................... TN 47163 2.25
SUMNER...................................... TN 47165 2.05
TIPTON...................................... TN 47167 2.85
TROUSDALE................................... TN 47169 2.05
UNICOI...................................... TN 47171 2.25
UNION....................................... TN 47173 2.15
VAN BUREN................................... TN 47175 2.15
WARREN...................................... TN 47177 2.05
WASHINGTON.................................. TN 47179 2.25
WAYNE....................................... TN 47181 2.20
WEAKLEY..................................... TN 47183 2.30
[[Page 47943]]
WHITE....................................... TN 47185 2.15
WILLIAMSON.................................. TN 47187 2.05
WILSON...................................... TN 47189 2.05
ANDERSON.................................... TX 48001 2.35
ANDREWS..................................... TX 48003 1.95
ANGELINA.................................... TX 48005 2.65
ARANSAS..................................... TX 48007 2.95
ARCHER...................................... TX 48009 1.95
ARMSTRONG................................... TX 48011 1.95
ATASCOSA.................................... TX 48013 2.75
AUSTIN...................................... TX 48015 2.75
BAILEY...................................... TX 48017 1.60
BANDERA..................................... TX 48019 2.55
BASTROP..................................... TX 48021 2.65
BAYLOR...................................... TX 48023 1.95
BEE......................................... TX 48025 2.95
BELL........................................ TX 48027 2.35
BEXAR....................................... TX 48029 2.65
BLANCO...................................... TX 48031 2.55
BORDEN...................................... TX 48033 2.10
BOSQUE...................................... TX 48035 2.35
BOWIE....................................... TX 48037 2.10
BRAZORIA.................................... TX 48039 2.95
BRAZOS...................................... TX 48041 2.65
BREWSTER.................................... TX 48043 2.35
BRISCOE..................................... TX 48045 1.95
BROOKS...................................... TX 48047 3.15
BROWN....................................... TX 48049 2.10
BURLESON.................................... TX 48051 2.65
BURNET...................................... TX 48053 2.35
CALDWELL.................................... TX 48055 2.65
CALHOUN..................................... TX 48057 2.95
CALLAHAN.................................... TX 48059 2.10
CAMERON..................................... TX 48061 3.15
CAMP........................................ TX 48063 1.95
CARSON...................................... TX 48065 1.95
CASS........................................ TX 48067 2.10
CASTRO...................................... TX 48069 1.60
CHAMBERS.................................... TX 48071 2.95
CHEROKEE.................................... TX 48073 2.35
CHILDRESS................................... TX 48075 1.95
CLAY........................................ TX 48077 1.95
COCHRAN..................................... TX 48079 1.60
COKE........................................ TX 48081 2.10
COLEMAN..................................... TX 48083 2.10
COLLIN...................................... TX 48085 1.95
COLLINGSWORTH............................... TX 48087 1.95
COLORADO.................................... TX 48089 2.75
COMAL....................................... TX 48091 2.55
COMANCHE.................................... TX 48093 2.10
CONCHO...................................... TX 48095 2.10
COOKE....................................... TX 48097 1.95
CORYELL..................................... TX 48099 2.35
COTTLE...................................... TX 48101 1.95
CRANE....................................... TX 48103 2.10
CROCKETT.................................... TX 48105 2.35
CROSBY...................................... TX 48107 1.95
CULBERSON................................... TX 48109 1.95
DALLAM...................................... TX 48111 1.90
DALLAS...................................... TX 48113 2.10
DAWSON...................................... TX 48115 1.95
DEAF SMITH.................................. TX 48117 1.60
DELTA....................................... TX 48119 1.95
DENTON...................................... TX 48121 1.95
DE WITT..................................... TX 48123 2.75
DICKENS..................................... TX 48125 1.95
DIMMIT...................................... TX 48127 2.75
DONLEY...................................... TX 48129 1.95
DUVAL....................................... TX 48131 2.95
EASTLAND.................................... TX 48133 2.10
ECTOR....................................... TX 48135 2.10
[[Page 47944]]
EDWARDS..................................... TX 48137 2.35
ELLIS....................................... TX 48139 2.10
EL PASO..................................... TX 48141 1.75
ERATH....................................... TX 48143 2.10
FALLS....................................... TX 48145 2.35
FANNIN...................................... TX 48147 1.95
FAYETTE..................................... TX 48149 2.75
FISHER...................................... TX 48151 2.10
FLOYD....................................... TX 48153 1.95
FOARD....................................... TX 48155 1.95
FORT BEND................................... TX 48157 2.95
FRANKLIN.................................... TX 48159 1.95
FREESTONE................................... TX 48161 2.35
FRIO........................................ TX 48163 2.75
GAINES...................................... TX 48165 1.95
GALVESTON................................... TX 48167 2.95
GARZA....................................... TX 48169 1.95
GILLESPIE................................... TX 48171 2.35
GLASSCOCK................................... TX 48173 2.10
GOLIAD...................................... TX 48175 2.95
GONZALES.................................... TX 48177 2.75
GRAY........................................ TX 48179 1.95
GRAYSON..................................... TX 48181 1.95
GREGG....................................... TX 48183 2.10
GRIMES...................................... TX 48185 2.75
GUADALUPE................................... TX 48187 2.65
HALE........................................ TX 48189 1.95
HALL........................................ TX 48191 1.95
HAMILTON.................................... TX 48193 2.10
HANSFORD.................................... TX 48195 1.90
HARDEMAN.................................... TX 48197 1.95
HARDIN...................................... TX 48199 2.95
HARRIS...................................... TX 48201 2.95
HARRISON.................................... TX 48203 2.10
HARTLEY..................................... TX 48205 1.90
HASKELL..................................... TX 48207 1.95
HAYS........................................ TX 48209 2.55
HEMPHILL.................................... TX 48211 1.90
HENDERSON................................... TX 48213 2.35
HIDALGO..................................... TX 48215 3.15
HILL........................................ TX 48217 2.35
HOCKLEY..................................... TX 48219 1.95
HOOD........................................ TX 48221 2.10
HOPKINS..................................... TX 48223 1.95
HOUSTON..................................... TX 48225 2.55
HOWARD...................................... TX 48227 2.10
HUDSPETH.................................... TX 48229 1.75
HUNT........................................ TX 48231 1.95
HUTCHINSON.................................. TX 48233 1.90
IRION....................................... TX 48235 2.35
JACK........................................ TX 48237 1.95
JACKSON..................................... TX 48239 2.95
JASPER...................................... TX 48241 2.75
JEFF DAVIS.................................. TX 48243 2.10
JEFFERSON................................... TX 48245 2.95
JIM HOGG.................................... TX 48247 2.95
JIM WELLS................................... TX 48249 2.95
JOHNSON..................................... TX 48251 2.10
JONES....................................... TX 48253 2.10
KARNES...................................... TX 48255 2.75
KAUFMAN..................................... TX 48257 2.10
KENDALL..................................... TX 48259 2.55
KENEDY...................................... TX 48261 3.15
KENT........................................ TX 48263 2.10
KERR........................................ TX 48265 2.55
KIMBLE...................................... TX 48267 2.35
KING........................................ TX 48269 1.95
KINNEY...................................... TX 48271 2.65
KLEBERG..................................... TX 48273 3.15
KNOX........................................ TX 48275 1.95
LAMAR....................................... TX 48277 1.95
[[Page 47945]]
LAMB........................................ TX 48279 1.60
LAMPASAS.................................... TX 48281 2.35
LA SALLE.................................... TX 48283 2.75
LAVACA...................................... TX 48285 2.75
LEE......................................... TX 48287 2.65
LEON........................................ TX 48289 2.55
LIBERTY..................................... TX 48291 2.95
LIMESTONE................................... TX 48293 2.35
LIPSCOMB.................................... TX 48295 1.90
LIVE OAK.................................... TX 48297 2.95
LLANO....................................... TX 48299 2.35
LOVING...................................... TX 48301 1.95
LUBBOCK..................................... TX 48303 1.95
LYNN........................................ TX 48305 1.95
MCCULLOCH................................... TX 48307 2.10
MCLENNAN.................................... TX 48309 2.35
MCMULLEN.................................... TX 48311 2.75
MADISON..................................... TX 48313 2.65
MARION...................................... TX 48315 2.10
MARTIN...................................... TX 48317 2.10
MASON....................................... TX 48319 2.35
MATAGORDA................................... TX 48321 2.95
MAVERICK.................................... TX 48323 2.65
MEDINA...................................... TX 48325 2.65
MENARD...................................... TX 48327 2.35
MIDLAND..................................... TX 48329 2.10
MILAM....................................... TX 48331 2.55
MILLS....................................... TX 48333 2.10
MITCHELL.................................... TX 48335 2.10
MONTAGUE.................................... TX 48337 1.95
MONTGOMERY.................................. TX 48339 2.95
MOORE....................................... TX 48341 1.90
MORRIS...................................... TX 48343 1.95
MOTLEY...................................... TX 48345 1.95
NACOGDOCHES................................. TX 48347 2.55
NAVARRO..................................... TX 48349 2.35
NEWTON...................................... TX 48351 2.75
NOLAN....................................... TX 48353 2.10
NUECES...................................... TX 48355 3.15
OCHILTREE................................... TX 48357 1.90
OLDHAM...................................... TX 48359 1.90
ORANGE...................................... TX 48361 2.95
PALO PINTO.................................. TX 48363 2.10
PANOLA...................................... TX 48365 2.35
PARKER...................................... TX 48367 2.10
PARMER...................................... TX 48369 1.60
PECOS....................................... TX 48371 2.35
POLK........................................ TX 48373 2.75
POTTER...................................... TX 48375 1.95
PRESIDIO.................................... TX 48377 2.10
RAINS....................................... TX 48379 1.95
RANDALL..................................... TX 48381 1.95
REAGAN...................................... TX 48383 2.35
REAL........................................ TX 48385 2.55
RED RIVER................................... TX 48387 1.95
REEVES...................................... TX 48389 2.10
REFUGIO..................................... TX 48391 2.95
ROBERTS..................................... TX 48393 1.90
ROBERTSON................................... TX 48395 2.55
ROCKWALL.................................... TX 48397 1.95
RUNNELS..................................... TX 48399 2.10
RUSK........................................ TX 48401 2.35
SABINE...................................... TX 48403 2.65
SAN AUGUSTINE............................... TX 48405 2.65
SAN JACINTO................................. TX 48407 2.75
SAN PATRICIO................................ TX 48409 2.95
SAN SABA.................................... TX 48411 2.10
SCHLEICHER.................................. TX 48413 2.35
SCURRY...................................... TX 48415 2.10
SHACKELFORD................................. TX 48417 2.10
SHELBY...................................... TX 48419 2.55
[[Page 47946]]
SHERMAN..................................... TX 48421 1.90
SMITH....................................... TX 48423 2.35
SOMERVELL................................... TX 48425 2.10
STARR....................................... TX 48427 2.95
STEPHENS.................................... TX 48429 2.10
STERLING.................................... TX 48431 2.10
STONEWALL................................... TX 48433 2.10
SUTTON...................................... TX 48435 2.35
SWISHER..................................... TX 48437 1.95
TARRANT..................................... TX 48439 2.10
TAYLOR...................................... TX 48441 2.10
TERRELL..................................... TX 48443 2.35
TERRY....................................... TX 48445 1.95
THROCKMORTON................................ TX 48447 1.95
TITUS....................................... TX 48449 1.95
TOM GREEN................................... TX 48451 2.10
TRAVIS...................................... TX 48453 2.55
TRINITY..................................... TX 48455 2.65
TYLER....................................... TX 48457 2.75
UPSHUR...................................... TX 48459 2.10
UPTON....................................... TX 48461 2.35
UVALDE...................................... TX 48463 2.65
VAL VERDE................................... TX 48465 2.35
VAN ZANDT................................... TX 48467 2.10
VICTORIA.................................... TX 48469 2.95
WALKER...................................... TX 48471 2.75
WALLER...................................... TX 48473 2.75
WARD........................................ TX 48475 2.10
WASHINGTON.................................. TX 48477 2.75
WEBB........................................ TX 48479 2.75
WHARTON..................................... TX 48481 2.95
WHEELER..................................... TX 48483 1.90
WICHITA..................................... TX 48485 1.95
WILBARGER................................... TX 48487 1.95
WILLACY..................................... TX 48489 3.15
WILLIAMSON.................................. TX 48491 2.55
WILSON...................................... TX 48493 2.75
WINKLER..................................... TX 48495 1.95
WISE........................................ TX 48497 1.95
WOOD........................................ TX 48499 1.95
YOAKUM...................................... TX 48501 1.95
YOUNG....................................... TX 48503 1.95
ZAPATA...................................... TX 48505 2.95
ZAVALA...................................... TX 48507 2.65
BEAVER...................................... UT 49001 1.50
BOX ELDER................................... UT 49003 1.50
CACHE....................................... UT 49005 1.50
CARBON...................................... UT 49007 1.80
DAGGETT..................................... UT 49009 1.50
DAVIS....................................... UT 49011 1.50
DUCHESNE.................................... UT 49013 1.50
EMERY....................................... UT 49015 1.80
GARFIELD.................................... UT 49017 1.80
GRAND....................................... UT 49019 1.90
IRON........................................ UT 49021 1.80
JUAB........................................ UT 49023 1.50
KANE........................................ UT 49025 1.90
MILLARD..................................... UT 49027 1.50
MORGAN...................................... UT 49029 1.50
PIUTE....................................... UT 49031 1.50
RICH........................................ UT 49033 1.50
SALT LAKE................................... UT 49035 1.50
SAN JUAN.................................... UT 49037 1.90
SANPETE..................................... UT 49039 1.50
SEVIER...................................... UT 49041 1.50
SUMMIT...................................... UT 49043 1.50
TOOELE...................................... UT 49045 1.50
UINTAH...................................... UT 49047 1.80
UTAH........................................ UT 49049 1.50
WASATCH..................................... UT 49051 1.50
WASHINGTON.................................. UT 49053 1.90
[[Page 47947]]
WAYNE....................................... UT 49055 1.80
WEBER....................................... UT 49057 1.50
ADDISON..................................... VT 50001 2.05
BENNINGTON.................................. VT 50003 2.15
CALEDONIA................................... VT 50005 1.95
CHITTENDEN.................................. VT 50007 2.05
ESSEX....................................... VT 50009 1.95
FRANKLIN.................................... VT 50011 1.95
GRAND ISLE.................................. VT 50013 1.95
LAMOILLE.................................... VT 50015 1.95
ORANGE...................................... VT 50017 2.05
ORLEANS..................................... VT 50019 1.95
RUTLAND..................................... VT 50021 2.05
WASHINGTON.................................. VT 50023 2.05
WINDHAM..................................... VT 50025 2.30
WINDSOR..................................... VT 50027 2.15
ACCOMACK.................................... VA 51001 2.10
ALBEMARLE................................... VA 51003 2.15
ALLEGHANY................................... VA 51005 2.15
AMELIA...................................... VA 51007 2.20
AMHERST..................................... VA 51009 2.15
APPOMATTOX.................................. VA 51011 2.15
ARLINGTON................................... VA 51013 2.05
AUGUSTA..................................... VA 51015 2.15
BATH........................................ VA 51017 2.15
BEDFORD..................................... VA 51019 2.15
BLAND....................................... VA 51021 2.25
BOTETOURT................................... VA 51023 2.15
BRUNSWICK................................... VA 51025 2.35
BUCHANAN.................................... VA 51027 2.25
BUCKINGHAM.................................. VA 51029 2.15
CAMPBELL.................................... VA 51031 2.15
CAROLINE.................................... VA 51033 2.20
CARROLL..................................... VA 51035 2.25
CHARLES CITY................................ VA 51036 2.20
CHARLOTTE................................... VA 51037 2.15
CHESTERFIELD................................ VA 51041 2.20
CLARKE...................................... VA 51043 2.05
CRAIG....................................... VA 51045 2.15
CULPEPER.................................... VA 51047 2.05
CUMBERLAND.................................. VA 51049 2.15
DICKENSON................................... VA 51051 2.25
DINWIDDIE................................... VA 51053 2.35
ESSEX....................................... VA 51057 2.20
FAIRFAX..................................... VA 51059 2.05
FAUQUIER.................................... VA 51061 2.05
FLOYD....................................... VA 51063 2.15
FLUVANNA.................................... VA 51065 2.15
FRANKLIN.................................... VA 51067 2.15
FREDERICK................................... VA 51069 2.05
GILES....................................... VA 51071 2.15
GLOUCESTER.................................. VA 51073 2.20
GOOCHLAND................................... VA 51075 2.20
GRAYSON..................................... VA 51077 2.25
GREENE...................................... VA 51079 2.15
GREENSVILLE................................. VA 51081 2.35
HALIFAX..................................... VA 51083 2.35
HANOVER..................................... VA 51085 2.20
HENRICO..................................... VA 51087 2.20
HENRY....................................... VA 51089 2.35
HIGHLAND.................................... VA 51091 2.15
ISLE OF WIGHT............................... VA 51093 2.55
JAMES CITY.................................. VA 51095 2.55
KING AND QUEEN.............................. VA 51097 2.20
KING GEORGE................................. VA 51099 2.05
KING WILLIAM................................ VA 51101 2.20
LANCASTER................................... VA 51103 2.20
LEE......................................... VA 51105 2.25
LOUDOUN..................................... VA 51107 2.05
LOUISA...................................... VA 51109 2.15
LUNENBURG................................... VA 51111 2.35
[[Page 47948]]
MADISON..................................... VA 51113 2.15
MATHEWS..................................... VA 51115 2.20
MECKLENBURG................................. VA 51117 2.35
MIDDLESEX................................... VA 51119 2.20
MONTGOMERY.................................. VA 51121 2.15
NELSON...................................... VA 51125 2.15
NEW KENT.................................... VA 51127 2.20
NORTHAMPTON................................. VA 51131 2.10
NORTHUMBERLAND.............................. VA 51133 2.20
NOTTOWAY.................................... VA 51135 2.35
ORANGE...................................... VA 51137 2.15
PAGE........................................ VA 51139 2.05
PATRICK..................................... VA 51141 2.35
PITTSYLVANIA................................ VA 51143 2.35
POWHATAN.................................... VA 51145 2.20
PRINCE EDWARD............................... VA 51147 2.15
PRINCE GEORGE............................... VA 51149 2.35
PRINCE WILLIAM.............................. VA 51153 2.05
PULASKI..................................... VA 51155 2.15
RAPPAHANNOCK................................ VA 51157 2.05
RICHMOND.................................... VA 51159 2.20
ROANOKE..................................... VA 51161 2.15
ROCKBRIDGE.................................. VA 51163 2.15
ROCKINGHAM.................................. VA 51165 2.15
RUSSELL..................................... VA 51167 2.25
SCOTT....................................... VA 51169 2.25
SHENANDOAH.................................. VA 51171 2.05
SMYTH....................................... VA 51173 2.25
SOUTHAMPTON................................. VA 51175 2.55
SPOTSYLVANIA................................ VA 51177 2.15
STAFFORD.................................... VA 51179 2.05
SURRY....................................... VA 51181 2.55
SUSSEX...................................... VA 51183 2.35
TAZEWELL.................................... VA 51185 2.25
WARREN...................................... VA 51187 2.05
WASHINGTON.................................. VA 51191 2.25
WESTMORELAND................................ VA 51193 2.05
WISE........................................ VA 51195 2.25
WYTHE....................................... VA 51197 2.25
YORK........................................ VA 51199 2.55
ALEXANDRIA CITY............................. VA 51510 2.05
BEDFORD CITY................................ VA 51515 2.15
BRISTOL CITY................................ VA 51520 2.25
BUENA VISTA CITY............................ VA 51530 2.15
CHARLOTTESVILLE CITY........................ VA 51540 2.15
CHESAPEAKE CITY............................. VA 51550 2.55
CLIFTON FORGE CITY.......................... VA 51560 2.15
COLONIAL HEIGHTS CITY....................... VA 51570 2.30
COVINGTON CITY.............................. VA 51580 2.15
DANVILLE CITY............................... VA 51590 2.35
EMPORIA CITY................................ VA 51595 2.35
FAIRFAX CITY................................ VA 51600 2.05
FALLS CHURCH CITY........................... VA 51610 2.05
FRANKLIN CITY............................... VA 51620 2.55
FREDERICKSBURG CITY......................... VA 51630 2.15
GALAX CITY.................................. VA 51640 2.25
HAMPTON CITY................................ VA 51650 2.55
HARRISONBURG CITY........................... VA 51660 2.15
HOPEWELL CITY............................... VA 51670 2.35
LEXINGTON CITY.............................. VA 51678 2.15
LYNCHBURG CITY.............................. VA 51680 2.15
MANASSAS CITY............................... VA 51683 2.05
MANASSAS PARK CITY.......................... VA 51685 2.05
MARTINSVILLE CITY........................... VA 51690 2.35
NEWPORT NEWS CITY........................... VA 51700 2.55
NORFOLK CITY................................ VA 51710 2.55
NORTON CITY................................. VA 51720 2.25
PETERSBURG CITY............................. VA 51730 2.35
POQUOSON CITY............................... VA 51735 2.55
PORTSMOUTH CITY............................. VA 51740 2.55
RADFORD CITY................................ VA 51750 2.15
[[Page 47949]]
RICHMOND CITY............................... VA 51760 2.20
ROANOKE CITY................................ VA 51770 2.15
SALEM CITY.................................. VA 51775 2.15
STAUNTON CITY............................... VA 51790 2.15
SUFFOLK CITY................................ VA 51800 2.55
VIRGINIA BEACH CITY......................... VA 51810 2.55
WAYNESBORO CITY............................. VA 51820 2.15
WILLIAMSBURG CITY........................... VA 51830 2.55
WINCHESTER CITY............................. VA 51840 2.05
ADAMS....................................... WA 53001 1.35
ASOTIN...................................... WA 53003 1.35
BENTON...................................... WA 53005 1.30
CHELAN...................................... WA 53007 1.30
CLALLAM..................................... WA 53009 1.45
CLARK....................................... WA 53011 1.45
COLUMBIA.................................... WA 53013 1.35
COWLITZ..................................... WA 53015 1.45
DOUGLAS..................................... WA 53017 1.30
FERRY....................................... WA 53019 1.35
FRANKLIN.................................... WA 53021 1.35
GARFIELD.................................... WA 53023 1.35
GRANT....................................... WA 53025 1.30
GRAYS HARBOR................................ WA 53027 1.45
ISLAND...................................... WA 53029 1.45
JEFFERSON................................... WA 53031 1.45
KING........................................ WA 53033 1.45
KITSAP...................................... WA 53035 1.45
KITTITAS.................................... WA 53037 1.30
KLICKITAT................................... WA 53039 1.30
LEWIS....................................... WA 53041 1.45
LINCOLN..................................... WA 53043 1.35
MASON....................................... WA 53045 1.45
OKANOGAN.................................... WA 53047 1.30
PACIFIC..................................... WA 53049 1.45
PEND OREILLE................................ WA 53051 1.35
PIERCE...................................... WA 53053 1.45
SAN JUAN.................................... WA 53055 1.45
SKAGIT...................................... WA 53057 1.20
SKAMANIA.................................... WA 53059 1.45
SNOHOMISH................................... WA 53061 1.45
SPOKANE..................................... WA 53063 1.35
STEVENS..................................... WA 53065 1.35
THURSTON.................................... WA 53067 1.45
WAHKIAKUM................................... WA 53069 1.45
WALLA WALLA................................. WA 53071 1.35
WHATCOM..................................... WA 53073 1.20
WHITMAN..................................... WA 53075 1.35
YAKIMA...................................... WA 53077 1.30
BARBOUR..................................... WV 54001 2.05
BERKELEY.................................... WV 54003 2.05
BOONE....................................... WV 54005 2.20
BRAXTON..................................... WV 54007 2.20
BROOKE...................................... WV 54009 1.95
CABELL...................................... WV 54011 2.20
CALHOUN..................................... WV 54013 2.05
CLAY........................................ WV 54015 2.20
DODDRIDGE................................... WV 54017 2.05
FAYETTE..................................... WV 54019 2.20
GILMER...................................... WV 54021 2.05
GRANT....................................... WV 54023 2.05
GREENBRIER.................................. WV 54025 2.15
HAMPSHIRE................................... WV 54027 2.05
HANCOCK..................................... WV 54029 1.95
HARDY....................................... WV 54031 2.05
HARRISON.................................... WV 54033 2.05
JACKSON..................................... WV 54035 2.05
JEFFERSON................................... WV 54037 2.05
KANAWHA..................................... WV 54039 2.20
LEWIS....................................... WV 54041 2.05
LINCOLN..................................... WV 54043 2.20
LOGAN....................................... WV 54045 2.20
[[Page 47950]]
MCDOWELL.................................... WV 54047 2.20
MARION...................................... WV 54049 1.95
MARSHALL.................................... WV 54051 1.95
MASON....................................... WV 54053 2.05
MERCER...................................... WV 54055 2.15
MINERAL..................................... WV 54057 2.05
MINGO....................................... WV 54059 2.20
MONONGALIA.................................. WV 54061 1.95
MONROE...................................... WV 54063 2.15
MORGAN...................................... WV 54065 2.05
NICHOLAS.................................... WV 54067 2.20
OHIO........................................ WV 54069 1.95
PENDLETON................................... WV 54071 2.15
PLEASANTS................................... WV 54073 2.05
POCAHONTAS.................................. WV 54075 2.15
PRESTON..................................... WV 54077 1.95
PUTNAM...................................... WV 54079 2.20
RALEIGH..................................... WV 54081 2.20
RANDOLPH.................................... WV 54083 2.05
RITCHIE..................................... WV 54085 2.05
ROANE....................................... WV 54087 2.20
SUMMERS..................................... WV 54089 2.15
TAYLOR...................................... WV 54091 1.95
TUCKER...................................... WV 54093 2.05
TYLER....................................... WV 54095 2.05
UPSHUR...................................... WV 54097 2.05
WAYNE....................................... WV 54099 2.20
WEBSTER..................................... WV 54101 2.05
WETZEL...................................... WV 54103 1.95
WIRT........................................ WV 54105 2.05
WOOD........................................ WV 54107 2.05
WYOMING..................................... WV 54109 2.20
ADAMS....................................... WI 55001 1.70
ASHLAND..................................... WI 55003 1.60
BARRON...................................... WI 55005 1.60
BAYFIELD.................................... WI 55007 1.65
BROWN....................................... WI 55009 1.80
BUFFALO..................................... WI 55011 1.60
BURNETT..................................... WI 55013 1.60
CALUMET..................................... WI 55015 1.80
CHIPPEWA.................................... WI 55017 1.60
CLARK....................................... WI 55019 1.60
COLUMBIA.................................... WI 55021 1.70
CRAWFORD.................................... WI 55023 1.70
DANE........................................ WI 55025 1.80
DODGE....................................... WI 55027 1.80
DOOR........................................ WI 55029 1.80
DOUGLAS..................................... WI 55031 1.65
DUNN........................................ WI 55033 1.60
EAU CLAIRE.................................. WI 55035 1.60
FLORENCE.................................... WI 55037 1.60
FOND DU LAC................................. WI 55039 1.80
FOREST...................................... WI 55041 1.60
GRANT....................................... WI 55043 1.80
GREEN....................................... WI 55045 1.80
GREEN LAKE.................................. WI 55047 1.70
IOWA........................................ WI 55049 1.80
IRON........................................ WI 55051 1.60
JACKSON..................................... WI 55053 1.60
JEFFERSON................................... WI 55055 1.80
JUNEAU...................................... WI 55057 1.70
KENOSHA..................................... WI 55059 1.95
KEWAUNEE.................................... WI 55061 1.80
LA CROSSE................................... WI 55063 1.60
LAFAYETTE................................... WI 55065 1.80
LANGLADE.................................... WI 55067 1.60
LINCOLN..................................... WI 55069 1.60
MANITOWOC................................... WI 55071 1.80
MARATHON.................................... WI 55073 1.60
MARINETTE................................... WI 55075 1.60
MARQUETTE................................... WI 55077 1.70
[[Page 47951]]
MENOMINEE................................... WI 55078 1.70
MILWAUKEE................................... WI 55079 1.95
MONROE...................................... WI 55081 1.60
OCONTO...................................... WI 55083 1.70
ONEIDA...................................... WI 55085 1.60
OUTAGAMIE................................... WI 55087 1.70
OZAUKEE..................................... WI 55089 1.95
PEPIN....................................... WI 55091 1.60
PIERCE...................................... WI 55093 1.60
POLK........................................ WI 55095 1.60
PORTAGE..................................... WI 55097 1.60
PRICE....................................... WI 55099 1.60
RACINE...................................... WI 55101 1.95
RICHLAND.................................... WI 55103 1.70
ROCK........................................ WI 55105 1.80
RUSK........................................ WI 55107 1.60
ST. CROIX................................... WI 55109 1.60
SAUK........................................ WI 55111 1.70
SAWYER...................................... WI 55113 1.60
SHAWANO..................................... WI 55115 1.70
SHEBOYGAN................................... WI 55117 1.95
TAYLOR...................................... WI 55119 1.60
TREMPEALEAU................................. WI 55121 1.60
VERNON...................................... WI 55123 1.70
VILAS....................................... WI 55125 1.60
WALWORTH.................................... WI 55127 1.80
WASHBURN.................................... WI 55129 1.60
WASHINGTON.................................. WI 55131 1.80
WAUKESHA.................................... WI 55133 1.80
WAUPACA..................................... WI 55135 1.70
WAUSHARA.................................... WI 55137 1.70
WINNEBAGO................................... WI 55139 1.70
WOOD........................................ WI 55141 1.60
ALBANY...................................... WY 56001 1.55
BIG HORN.................................... WY 56003 1.40
CAMPBELL.................................... WY 56005 1.40
CARBON...................................... WY 56007 1.55
CONVERSE.................................... WY 56009 1.40
CROOK....................................... WY 56011 1.40
FREMONT..................................... WY 56013 1.40
GOSHEN...................................... WY 56015 1.40
HOT SPRINGS................................. WY 56017 1.40
JOHNSON..................................... WY 56019 1.40
LARAMIE..................................... WY 56021 1.55
LINCOLN..................................... WY 56023 1.40
NATRONA..................................... WY 56025 1.40
NIOBRARA.................................... WY 56027 1.40
PARK........................................ WY 56029 1.40
PLATTE...................................... WY 56031 1.55
SHERIDAN.................................... WY 56033 1.50
SUBLETTE.................................... WY 56035 1.40
SWEETWATER.................................. WY 56037 1.50
TETON....................................... WY 56039 1.40
UINTA....................................... WY 56041 1.50
WASHAKIE.................................... WY 56043 1.40
WESTON...................................... WY 56045 1.40
----------------------------------------------------------------------------------------------------------------
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).
[[Page 47952]]
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
(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 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
[[Page 47953]]
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 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
[[Page 47954]]
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 next day that the market administrator's office is open for
public business.
Sec. 1000.91 [Reserved]
Sec. 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
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.
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 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
[[Page 47955]]
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 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 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
[[Page 47956]]
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.
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 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.
[[Page 47957]]
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 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 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),
[[Page 47958]]
(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 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 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 difference between the Class I price applicable at
the location of the nearest unregulated supply plants from which an
equivalent volume was received and the Class III price 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).
Sec. 1001.61 Computation of producer price differential.
For each month, the market administrator shall compute a producer
price differential per hundredweight. 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 the producer price
differential, 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
in this paragraph, the market administrator shall compute the producer
price differential in the following manner:
(a) Combine into one total the values computed pursuant to
Sec. 1001.60 for all handlers required to file reports prescribed in
Sec. 1001.30;
(b) Subtract the total of the values obtained by multiplying each
handler's total pounds of protein, other solids, and butterfat
contained in the milk for which an obligation was computed pursuant to
Sec. 1001.60 by the protein price, other solids price, and the
butterfat price, respectively;
(c) 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;
(d) Add an amount equal to not less than one-half of the
unobligated balance in the producer-settlement fund;
(e) Divide the resulting amount by the sum of the following for all
handlers included in these computations:
(1) The total hundredweight of producer milk; and
(2) The total hundredweight for which a value is computed pursuant
to Sec. 1001.60(h); and
(f) Subtract not less than 4 cents nor more than 5 cents from the
price computed pursuant to paragraph (e) of this section. The result,
rounded to the nearest cent, shall be known as the producer price
differential for the month.
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 butterfat price;
(f) The average butterfat, protein, nonfat solids, and other solids
content of producer milk; and
(g) The statistical uniform price for milk containing 3.5 percent
butterfat computed by combining the Class III price and the producer
price differential.
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
[[Page 47959]]
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 butterfat prices respectively; and
(3) An amount obtained by multiplying the pounds of skim milk and
butterfat for which a value was computed pursuant to Sec. 1001.60(h) by
the producer price differential as adjusted pursuant to Sec. 1001.75
for the location of the plant from which received.
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 pool plant operator 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 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 pool plant operator 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 butterfat price 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 was
[[Page 47960]]
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.
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.
PART 1005--MILK IN THE APPALACHIAN MARKETING AREA
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.
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.
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.
[[Page 47961]]
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.
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 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
[[Page 47962]]
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 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.
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
[[Page 47963]]
(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.
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
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 price 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 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
[[Page 47964]]
allocated to Class I use pursuant to Sec. 1000.43(d).
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
multiplying the pounds of butterfat in producer milk allocated to each
class pursuant to Sec. 1000.44(b) by the respective class butterfat
prices and dividing the sum of such values by the total pounds of such
butterfat.
(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
pounds of butterfat 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.
(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.
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 pool plant operator 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;
(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 pool plant operator 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
[[Page 47965]]
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;
(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.
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 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.
[[Page 47966]]
(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:
(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
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.
[[Page 47967]]
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.
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.
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 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
[[Page 47968]]
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 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 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.
[[Page 47969]]
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.
(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 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 price 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
[[Page 47970]]
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 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).
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
multiplying the pounds of butterfat in producer milk allocated to each
class pursuant to Sec. 1000.44(b) by the respective class butterfat
prices and dividing the sum of such values by the total pounds of such
butterfat.
(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;
(4) Subtract the value of the total pounds of butterfat for all
handlers. The butterfat value shall be computed by multiplying the
pounds of butterfat 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.
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 pool plant operator 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 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:
[[Page 47971]]
(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 pool plant operator 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 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.
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
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.
Classification of Milk
1007.40 Classes of utilization.
1007.41 [Reserved]
[[Page 47972]]
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.
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.
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
[[Page 47973]]
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 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
(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
[[Page 47974]]
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.
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. 1007.30,
31, and 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. 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,
[[Page 47975]]
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 price 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 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).
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
multiplying the pounds of butterfat in producer milk allocated to each
class pursuant to Sec. 1000.44(b) by the respective class butterfat
prices and dividing the sum of such values by the total pounds of such
butterfat.
(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
pounds of butterfat 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.
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. 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
[[Page 47976]]
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 pool plant operator 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 pool plant operator 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. 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.
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.
[[Page 47977]]
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 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
[[Page 47978]]
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. 1007.85 Assessment for order administration.
See Sec. 1000.85.
Sec. 1007.86 Deduction for marketing services.
See Sec. 1000.86.
PART 1030--MILK IN THE UPPER MIDWEST MARKETING AREA
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.
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, and 7253.
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.
[[Page 47979]]
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 (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 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 the diversion limits described in
Sec. 1030.13(d)(2) 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
[[Page 47980]]
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 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.
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 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.
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
[[Page 47981]]
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) Diverted milk shall be priced at the location of the plant to
which diverted.
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:
(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.
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
[[Page 47982]]
(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, 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 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 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 difference between the Class I price applicable at
the location of the nearest unregulated supply plants from which an
equivalent volume was received and the Class III price 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
[[Page 47983]]
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.
Sec. 1030.61 Computation of producer price differential.
For each month the market administrator shall compute a producer
price differential per hundredweight. 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 the producer price
differential, 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
price differential in the following manner:
(a) Combine into one total the values computed pursuant to
Sec. 1030.60 for all handlers required to file reports prescribed in
Sec. 1030.30;
(b) Subtract the total values obtained by multiplying each
handler's total pounds of protein, other solids, and butterfat
contained in the milk for which an obligation was computed pursuant to
Sec. 1030.60 by the protein price, the other solids price, and the
butterfat price, respectively, and the total value of the somatic cell
adjustment pursuant to Sec. 1030.30 (a)(1) and (c)(1);
(c) 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;
(d) Add an amount equal to not less than one-half of the
unobligated balance in the producer-settlement fund;
(e) Divide the resulting amount by the sum of the following for all
handlers included in these computations:
(1) The total hundredweight of producer milk; and
(2) The total hundredweight for which a value is computed pursuant
to Sec. 1030.60(i); and
(f) Subtract not less than 4 cents nor more than 5 cents from the
price computed pursuant to paragraph (e) of this section. The result
shall be known as the producer price differential for the month.
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 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 for milk containing 3.5 percent
butterfat, computed by combining the Class III price and the producer
price differential.
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 butterfat prices respectively;
(3) The total value of the somatic cell adjustment to producer
milk; and
(4) An amount obtained by multiplying the pounds of skim milk and
butterfat for which a value was computed pursuant to Sec. 1030.60(i) by
the producer price differential as adjusted pursuant to Sec. 1030.75
for the location of the plant from which received.
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 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 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
[[Page 47984]]
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 times
the butterfat price;
(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. 1030.75;
(ii) The pounds of butterfat received times the 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.
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.
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.
[[Page 47985]]
PART 1032--MILK IN THE CENTRAL MARKETING AREA
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.
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.
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:
(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
[[Page 47986]]
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 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
[[Page 47987]]
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. 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;
(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;
[[Page 47988]]
(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.
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.
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,
[[Page 47989]]
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 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 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);
(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 difference between the Class I price applicable at
the location of the nearest unregulated supply plants from which an
equivalent volume was received and the Class III price 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).
Sec. 1032.61 Computation of producer price differential.
For each month the market administrator shall compute a producer
price differential per hundredweight. 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 the producer price
differential, 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
price differential in the following manner:
(a) Combine into one total the values computed pursuant to
Sec. 1032.60 for all handlers required to file reports prescribed in
Sec. 1032.30;
(b) Subtract the total values obtained by multiplying each
handler's total pounds of protein, other solids, and butterfat
contained in the milk for which an obligation was computed pursuant to
Sec. 1032.60 by the protein price, the other solids price, and the
butterfat price, respectively, and the total value of the somatic cell
adjustment pursuant to Sec. 1032.30(a)(1) and (c)(1);
(c) 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;
(d) Add an amount equal to not less than one-half of the
unobligated balance in the producer-settlement fund;
(e) Divide the resulting amount by the sum of the following for all
handlers included in these computations:
(1) The total hundredweight of producer milk; and
(2) The total hundredweight for which a value is computed pursuant
to Sec. 1032.60(i); and
(f) Subtract not less than 4 cents nor more than 5 cents from the
price computed pursuant to paragraph (e) of this section. The result
shall be known as the producer price differential for the month.
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 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 for milk containing 3.5 percent
butterfat, computed by combining the Class III price and the producer
price differential.
[[Page 47990]]
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 butterfat prices respectively;
(3) The total value of the somatic cell adjustment to producer
milk; and
(4) An amount obtained by multiplying the pounds of skim milk and
butterfat for which a value was computed pursuant to Sec. 1032.60(i) by
the producer price differential as adjusted pursuant to Sec. 1032.75
for the location of the plant from which received.
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 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;
(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 times
the butterfat price;
(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
[[Page 47991]]
differential as adjusted pursuant to Sec. 1032.75;
(ii) The pounds of butterfat received times the 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;
(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.
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
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 product.
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.
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.
[[Page 47992]]
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 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; and
(iv) Distributing plants fully regulated under other Federal
orders, except that credit for transfers to such plants shall be
limited to the quantity shipped to pool distributing plants during the
month. Qualifying transfers to other order plants shall not include
transfers made on the basis of agreed-upon Class II, Class III, or
Class IV utilization.
(2) The operator of a supply plant 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.
(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) A supply plant that meets the shipping requirements of this
paragraph during each of the immediately preceding months of September
through February shall be a pool plant during the following months of
March through August 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 (g) of this section, or the plant operator requests nonpool
status for the plant. Such nonpool status shall be effective on the
first day of the month following the receipt of such request and
thereafter until the plant again qualifies as a pool plant on the basis
of its deliveries to a pool distributing plant(s). The automatic pool
qualification of a plant can be waived if the handler or cooperative
requests in writing to the market administrator the nonpool status of
such plant. The request must be made prior to the beginning of any
month during the March through August period. The plant shall be a
nonpool plant for such month and thereafter until it requalifies under
paragraph (c) of this section on the basis of actual shipments
therefrom. To
[[Page 47993]]
requalify as a pool plant under paragraph (d), (e) or (f) of this
section, such plant must first have met the percentage shipping
requirements of paragraph (c) of this section for 6 consecutive months.
(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
month or it may be met on the basis of deliveries during the preceding
12-month period ending with the current month;
(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 or its predecessor orders 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. 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; 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
[[Page 47994]]
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.
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.
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 one day's production is caused by
the handler to be physically received at a pool plant in each of the
months of September through November;
(3) 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)), the handler
diverted to nonpool plants not more than 60 percent during the months
of September through February;
(4) Diverted milk shall be priced at the location of the plant to
which diverted;
(5) 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 milk status shall be
forfeited with respect to all milk diverted to nonpool plants by such
handler; and
(6) 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.
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.
[[Page 47995]]
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),
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 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
[[Page 47996]]
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 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 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 difference between the Class I price applicable at
the location of the nearest unregulated supply plants from which an
equivalent volume was received and the Class III price 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).
Sec. 1033.61 Computation of producer price differential.
For each month the market administrator shall compute a producer
price differential per hundredweight. 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 the producer price
differential, 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
price differential in the following manner:
(a) Combine into one total the values computed pursuant to
Sec. 1033.60 for all handlers required to file reports prescribed in
Sec. 1033.30;
(b) Subtract the total values obtained by multiplying each
handler's total pounds of protein, other solids, and butterfat
contained in the milk for which an obligation was computed pursuant to
Sec. 1033.60 by the protein price, the other solids price, and the
butterfat price, respectively, and the total value of the somatic cell
adjustment pursuant to Sec. 1033.30(a)(1) and (c)(1);
(c) 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;
(d) Add an amount equal to not less than one-half of the
unobligated balance in the producer-settlement fund;
(e) Divide the resulting amount by the sum of the following for all
handlers included in these computations:
(1) The total hundredweight of producer milk; and
(2) The total hundredweight for which a value is computed pursuant
to Sec. 1033.60(i); and
(f) Subtract not less than 4 cents nor more than 5 cents from the
price computed pursuant to paragraph (e) of this section. The result
shall be known as the producer price differential for the month.
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 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 for milk containing 3.5 percent
butterfat, computed by combining the Class III price and the producer
price differential.
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 butterfat prices, respectively;
(3) The total value of the somatic cell adjustment to producer
milk; and
(4) An amount obtained by multiplying the pounds of skim milk and
butterfat for which a value was computed pursuant to Sec. 1033.60(i) by
the producer price differential as adjusted pursuant to Sec. 1033.75
for the location of the plant from which received.
[[Page 47997]]
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 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 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 butterfat price;
(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 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;
[[Page 47998]]
(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.
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.
PART 1124--MILK IN THE PACIFIC NORTHWEST MARKETING AREA
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.
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.
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 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-
[[Page 47999]]
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) A cooperative association that operates a supply plant may
include as qualifying shipments its deliveries to pool distributing
plants directly from farms of producers pursuant to Sec. 1000.9(c);
(3) A pool plant operator may include as qualifying shipments milk
diverted to pool distributing plants pursuant to Sec. 1124.13(d);
(4) 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)-(f) [Reserved]
(g) The applicable shipping percentage of paragraph (c) 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 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.
Sec. 1124.8 Nonpool plant.
See Sec. 1000.8.
Sec. 1124.9 Handler.
See Sec. 1000.9.
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,
[[Page 48000]]
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.
(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 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);
[[Page 48001]]
(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) 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 during the months of
September through February, and not more than 99 percent during the
months of March through August;
(2) 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.
(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 (e)(1) 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); and
(5) The applicable diversion limits in paragraph (e)(1) 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 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. 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;
(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
[[Page 48002]]
(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.
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 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 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 difference between the Class I price applicable at
the location of the nearest unregulated supply plants from which an
equivalent volume was received and the Class III price 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.
[[Page 48003]]
(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).
Sec. 1124.61 Computation of producer price differential.
For each month the market administrator shall compute 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 the computation of the producer price
differential, 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
price differential in the following manner:
(a) Combine into one total the values computed pursuant to
Sec. 1124.60 for all handlers required to file reports prescribed in
Sec. 1124.30;
(b) Subtract the total values obtained by multiplying each
handler's total pounds of protein, other solids, and butterfat
contained in the milk for which an obligation was computed pursuant to
Sec. 1124.60 by the protein price, the other solids price, and the
butterfat price, respectively;
(c) 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;
(d) Add an amount equal to not less than one-half of the
unobligated balance in the producer-settlement fund;
(e) Divide the resulting amount by the sum of the following for all
handlers included in these computations:
(1) The total hundredweight of producer milk; and
(2) The total hundredweight for which a value is computed pursuant
to Sec. 1124.60(h); and
(f) Subtract not less than 4 cents nor more than 5 cents from the
price computed pursuant to paragraph (e) of this section. The result
shall be known as the producer price differential for the month.
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 butterfat price;
(f) The average butterfat, protein, nonfat solids, and other solids
content of producer milk; and
(g) The statistical uniform price for milk containing 3.5 percent
butterfat, computed by combining the Class III price and the producer
price differential.
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 butterfat prices, respectively; and
(3) An amount obtained by multiplying the pounds of skim milk and
butterfat for which a value was computed pursuant to Sec. 1124.60(h) by
the producer price differential as adjusted pursuant to Sec. 1124.75
for the location of the plant from which received.
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 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) 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
[[Page 48004]]
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 times
the butterfat price;
(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 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 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.
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 1126--MILK IN THE SOUTHWEST MARKETING AREA
Subpart--Order Regulating Handling
General Provisions
Sec.
1126.1 General provisions.
Definitions
1126.2 Southwest marketing area.
1126.3 Route disposition.
[[Page 48005]]
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.
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.
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
[[Page 48006]]
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 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 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
[[Page 48007]]
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 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 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.
[[Page 48008]]
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 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 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 difference between the Class I price applicable at
the location of the nearest unregulated supply plants from which an
equivalent volume was received and the Class III price 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).
Sec. 1126.61 Computation of producer price differential.
For each month the market administrator shall compute 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 the computation of the producer price
differential, 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
price differential in the following manner:
(a) Combine into one total the values computed pursuant to
Sec. 1126.60 for all handlers required to file reports prescribed in
Sec. 1126.30;
(b) Subtract the total of the values obtained by multiplying each
handler's total pounds of protein, other solids, and butterfat
contained in the milk for which an obligation was computed pursuant to
Sec. 1126.60 by the protein price, other solids price, and the
butterfat price, respectively, and the total value of the somatic cell
adjustment pursuant to Sec. 1126.30(a)(1) and (c)(1);
(c) 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;
(d) Add an amount equal to not less than one-half of the
unobligated balance in the producer-settlement fund;
(e) Divide the resulting amount by the sum of the following for all
handlers included in these computations:
(1) The total hundredweight of producer milk; and
(2) The total hundredweight for which a value is computed pursuant
to Sec. 1126.60(i); and
(f) Subtract not less than 4 cents nor more than 5 cents from the
price computed pursuant to paragraph (e) of this section. The result
shall be known as the producer price differential for the month.
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 butterfat price;
(f) The somatic cell adjustment rate;
[[Page 48009]]
(g) The average butterfat, protein, nonfat solids, and other solids
content of producer milk; and
(h) The statistical uniform price for milk containing 3.5 percent
butterfat, computed by combining the Class III price and the producer
price differential.
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 butterfat prices respectively;
(3) The total value of the somatic cell adjustment to producer
milk; and
(4) An amount obtained by multiplying the pounds of skim milk and
butterfat for which a value was computed pursuant to Sec. 1126.60(i) by
the producer price differential as adjusted pursuant to Sec. 1126.75
for the location of the plant from which received.
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 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 pool plant operator 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) 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 butterfat price;
(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
[[Page 48010]]
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;
(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.
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
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.
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.
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
[[Page 48011]]
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 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 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
[[Page 48012]]
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. 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 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.
[[Page 48013]]
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 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.
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
[[Page 48014]]
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 price 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 steps
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).
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
multiplying the pounds of butterfat in producer milk allocated to each
class pursuant to Sec. 1000.44(b) by the respective class butterfat
prices and dividing the sum of such values by the total pounds of such
butterfat.
(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
pounds of butterfat 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.
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.
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
[[Page 48015]]
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 pool plant
operator 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 1.3 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.
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 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.
PART 1135--MILK IN THE WESTERN MARKETING AREA
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.
[[Page 48016]]
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.
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.
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 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
[[Page 48017]]
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 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;
(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 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
[[Page 48018]]
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. 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
[[Page 48019]]
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 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 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 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 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 difference between the Class I price applicable at
the location of the nearest unregulated supply plants from which an
equivalent volume was received and the Class III price by the pounds of
skim milk and butterfat in receipts of concentrated
[[Page 48020]]
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).
Sec. 1135.61 Computation of producer price differential.
For each month the market administrator shall compute 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 the computation of the producer price
differential, 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
price differential in the following manner:
(a) Combine into one total the values computed pursuant to
Sec. 1135.60 for all handlers required to file reports prescribed in
Sec. 1135.30;
(b) Subtract the total values obtained by multiplying each
handler's total pounds of protein, other solids, and butterfat
contained in the milk for which an obligation was computed pursuant to
Sec. 1135.60 by the protein price, the other solids price, and the
butterfat price, respectively;
(c) 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;
(d) Add an amount equal to not less than one-half of the
unobligated balance in the producer-settlement fund;
(e) Divide the resulting amount by the sum of the following for all
handlers included in these computations:
(1) The total hundredweight of producer milk; and
(2) The total hundredweight for which a value is computed pursuant
to Sec. 1135.60(h); and
(f) Subtract not less than 4 cents nor more than 5 cents from the
price computed pursuant to paragraph (e) of this section. The result
shall be known as the producer price differential for the month.
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 butterfat price;
(f) [Reserved]
(g) The average butterfat, protein, nonfat solids, and other solids
content of producer milk; and
(h) The statistical uniform price for milk containing 3.5 percent
butterfat, computed by combining the Class III price and the producer
price differential.
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 butterfat prices respectively;
(3) [Reserved]
(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.
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
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
[[Page 48021]]
and plus or minus adjustments for errors in previous payments to such
producer 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 pool plant
operator 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 butterfat price;
(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 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.
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.
Dated: August 23, 1999.
Michael V. Dunn,
Under Secretary, Marketing and Regulatory Programs.
[FR Doc. 99-22202 Filed 8-31-99; 8:45 am]
BILLING CODE 3410-02-P