[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