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FEDERAL

REGISTER
1934

AilTEO

VOLUME 4

NUMBER 27

,
Washington Thursday, February 9, 1939
Rules, Regulations, Orders TITLE 7AGRICULTURE
AGRICU LTU RAL ADJUSTMENT
AD M IN IS TR A TIO N
M a r k et ing O rders ORDER REGULATING THE HANDLING OF MILK
IN THE LOWELL-LAWRENCE, MASSACHU
SETTS, MARKETING AREA
Sec.
934.0
934.1
934.2
934.3
934.4
934.5
934.6
934.7
934.8
934.9
934.10
934.11

Findings.
Definitions.
Market Administrator.
Classification of milk.
Minimum Prices.
Reports of Handlers.
Application of Provisions.
Determination of Prices to Producers.
Payments to Producers.
Marketing Services.
Expense of Administration.
Effective time, suspension, and termi nation of order.
934.12 Liability.

Whereas, under the terms and provi sions of Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937r the Secretary of Agriculture of the United States is em powered, after due notice and oppor tunity for hearing, to enter into market ing agreements with processors, pro ducers, associations of producers, and others engaged in such handling of any a g r i c u l t u r a l commodity or product thereof as is in the current of interstate or foreign commerce, or which directly burdens, obstructs, or affects interstate or foreign commerce in such commodity or product thereof; and Whereas, under the terms and provi sions of said act, the Secretary of Agri culture is empowered to issue orders ap plicable to processors, producers, asso ciations of producers, and others engaged in the handling of any agricultural com modity or product thereof specified in subsection 2 of section 8c, such orders Sec. 934.0 to and including Sec. 934.12
issued under the authority of 48 Stat. 31
3 , 7 U S. C. 608 3 ; 50 Stat. 246
1937. 7 U. S. C. 608c.

CONTENTS
to regulate only such handling of such agricultural c o m m o d i t y or product RULES, REGULATIONS, ORDERS
thereof as is in the current of interstate or foreign commerce or which directly T I tle 7 A g r ic u l t u r e :
burdens, obstructs, or affects interstate Agricultural Adjustment Admin or foreign commerce in such commodity Page istration:
or product thereof; and Agricultural c o n s e r vation Whereas, the Secretary, having reason program bulletin, 1939, to believe that the execution o f a mar 606
Supplement 9___________
keting agreement and the issuance of an -LOwell-Lawrence, Mass., Marorder with respect to the handling of
keting Area, handling of milk in the Lowell-Lawrence, Massachu m ilk ____________________
601
setts, milk marketing area, would tend T itle 16 C o m m ercial P ractices :
to effectuate the declared policy of said Federal Trade Commission:
act, gave, on the 7th day of October, Cease and desist orders:
1938, notice of a public hearing1 to be /Bradley, Joseph C., et al___
606
held, jointly with the Milk Control Board Houser, Boyd, Candy Co___
607
of the Commonwealth of Massachusetts, /ffSTewton Products Co_______
607
at Dracut, Massachusetts, which hearing was held on the 14th day of October T it l e 43 P u b l i c L a n d s :
General Land Office:
1938, on a proposed marketing agree Oregon, reducing and revokment and a proposed order, said hearing ing certain stock drive being reopened2 at Lawrence, Massachu way withdrawals________
608
setts, on the 12th day of December 1938
fo r the purpose of receiving additional NOTICES
evidence, and at said times and places conducted public hearings, jointly with Federal Power Commission:
the Milk Control Board of the Commoni Apknsas-Louisiana Gas Co., wealth of Massachusetts, at which all
hearing postponed_________
608
interested parties were afforded an op Federal Trade Commission:
portunity to be heard on the proposed Orders appointing examiners, marketing agreement and the proposed etc.:
order; and ,Bush, W. J., & Co., Inc_______
609
Whereas, after such hearing and after Etablissements Rigaud, Inc., the tentative approval by the Secretary
et al________ _____________
609
of a marketing agreement, on the 21st Hdbigant, Inc., Cheramy, day o f January, 1939, handlers of more Inc., and Houbigant Sales than 50 percent of the volume of milk Corp________ ____________
609
covered by this order which is marketed Securities and Exchange Commis within the Lowell-Lawrence, Massachu sion:
setts, marketing area, have signed such York Railways Co., correction tentatively approved marketing agree order_______________________
609
ment; and Whereas, the Secretary hereby deter mines that the issuance of this order is keting area and who voted in a referen approved or favored by over threedum conducted by the Secretary; and fourths of the producers who during the Whereas, the provision of the order month of May 1938, said month having providing for the payment to all pro been determined by the Secretary to be a ducers delivering milk to the same han representative period, were engaged in dler of uniform prices for all milk de the production of milk for sale in the livered by them is approved or favored by Lowell-Lawrence, Massachusetts, marat least three-fourths of the producers who, during the month of May 1938
13 F. R. 2431 p i.
said month having been determined by 3 F .R . 2872 DI.
601