Federal Register - May 6, 1949
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Fuente: Federal Register
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VOLUME
xo n al
H UTTEBA
SCRIPTAi MANET i
1934
4
A / IT E D
V 7, í
NUMBER 87
Washington, Friday, May 6, 1949
TITLE 7 AGRICULTURE
Chapter IX Production and Mar keting Administration Marketing Agreements and Orders, Depart ment of Agriculture P art
934
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Sec.
934.1C0 Findings anddeterminations.
934.101 General.
934.102 Milk handled for pasteurizing or bottling.
934.103 Classification of milk and other fluid milk products.
934.104 Plant shrinkage.
934.105 Due dates of reports of handlers who receive no milk from pro ducers.
934.106 Detail and form of handlers re ports.
934.107 Averaging of producers butterfat tests.
934.108 Deductions from payments to pro ducers.
934.109 Weights of fluid milk products.
Authority : 634.100 to 934.109 issued under sec. 5, 49 Stat. 753, as amended; 7
U. S. C. and Sup. 608c.
934.100 Findings an d determ ina tions. Pursuant to the provisions of Or der No. 34 as amended 14 P. R. 1478
and of the Administrative Procedure Act 60 Stat. 237, a public meeting was held at Andover, Massachusetts, on April 20, 1949, to consider proposed amended rules and regulations to supersede the rules and regulations1 issued September 6, 1946, by the market administrator to effectuate the terms and provisions of the order. The data, views, and argu ments presented at this meeting and all written material r e c e i v e d prior to April 21, 1949, have been considered and it is hereby found and determined that the aforesaid rules and regulations should be superseded by the following amended rules and regulations, and that these amended rules and regulations are necessary to effectuate the terms and provisions of Order No. 34. Since the amended rules and regulations contained herein are necessitated by the amend ments to the order made effective April 1, 1949, and since none of these amended rules and regulations requires substan tial or extensive preparation by the par ties affected, it is impracticable and un necessary to delay their issuance. The 1These rules and regulations were not filed with the Division of the F ederal R egister.
rules and regulations are therefore amended to read as follows.
934.101 G eneral. These rules and regulations are made by the market ad ministrator pursuant to 934.2 b 2
of Order No. 34, As Amended, Issued by the Secretary of Agriculture, Regulating the Handling of Milk in the Lowell-Lawrence, Massachusetts, Marketing Area, hereinafter referred to as the order.
Each term used in these rules and regu lations which is defined in Order No. 34
shall have the same meaning that it has in the order. In addition, the term dealer, as used in these rules and reg ulations, shall mean any person who en gages in the business of distributing fluid milk products, or manufacturing milk products, whether or not he disposes of any fluid milk products in the marketing area.
934.102 Milk han dled fo r pasteuriz ing or bottling. The status and the pay ment obligations, under the order, of a handler or dealer who pasteurizes or bot tles milk for another handler or dealer, without acquiring it for marketing, shall not change because.of the handling of the milk. Similarly, there shall be no change in the status and the payment obligations of the handler or dealer for whom the pasteurizing or bottling serv ice is performed. However, handlers in volved in such service transactions shall include in their reports to the market administrator information regarding the quantities so handled.
934.103 Classification o f m ilk an d oth er fluid m ilk products a Applica tion o f this section. The provisions of this section shall apply only to fluid milk products which are not required to be classified as Class 1 milk under 934.3
b 4 and 934.3 c.
b Fluid m ilk products disposed o f to consumers. For the purpose of this paragraph, consumer means any per son to whom fluid milk products are dis posed of, except a dealer. The term in cludes, but is not limited to, stores, res taurants, hotels, bakeries, hospitals and other institutions, candy manufacturers, soup manufacturers, livestock farmers, and similar persons who are not neces sarily the ultimate users. It also in cludes any dealer in his capacity as the operator of any of these establishments, and in connection with any other use or disposition of fluid milk products not Continued on p. 2251
CONTENTS
Agriculture Department Pase Proposed rule making:
Lemons in California and Ari zona-.________________ - ____ 2358
Rules and regulations:
Milk handling:
Lowell-Lawrence, Mass., area. 2249
Quad Cities area________ ___ 2252
Alien Property, Office of Notices :
Vesting orders, etc.:
Ahrbecker, Augusta___ _____ 2366
Gols, Magdalena___________
2367
Illner, Marie________________ 2367
Jesselsen, James W. N______
2367
Kato, Kumeo______________
2368
Nakamura, Kiyoshi, and Kin Sumiyoshi___ ____________ 2365
Schech, Caroline____________ 2364
Skerritt, Jam es L., and Rich 2368
ard H. Strongman________
Takahashi & Co., In c ._____ 2368
Topffer, Paul C_______
2366
Werner & Pfleiderer________
2366
Civil Aeronautics Board Notices:
Hearings, etc.:
Delta Air Lines, In c________
S. S. W., Inc.; service to Lake Tahoe____________________
Proposed rule making:
Limited mechanic certificate__
Requirements for reexamina tion after failure___ ________
2359
Customs Bureau Notices :
Conversion of currency; Span ish peseta________
2361
Federal Communications Com mission Proposed rule making:
Domestic land mobile services.
Rules and regulations:
Amateur radio service; amend ment-----------------------------------Frequency allocations and radio treaty matters; general rules and regulations; revision___
Industrial radio services; re vision ______________________
Land transportation radio serv ices; revision_______________
Miscellaneous radio services ;
disposition of sections----- . . .
2249
2361
2361
2360
2360
2348
2280
2333
2348
2345