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FEDERAL REGISTER, Tuesday, February 8, 1942

631

0 That the issuance of this amend March, and April, 1942, and $1.93 per Grover B. Hill, Acting Secretary of Agriculture, tentatively approved on Feb ment No. 3 to the order and all of its hundredweight for each delivery period ruary 12,1941, the marketing agreement, terms and conditions, tends to effectuate thereafter.
as amended, regulating the handling of the declared policy of the act.
6. Delete 942.5 a 2 and substitute It is hereby ordered that the order, as therefor the following:
milk in the New Orleans, Louisiana, mar amended, regulating the handling of keting area.
2 Class II milk$2.33 per hundred There being reason to believe that the milk in the New Orleans, Louisiana, mar weight for the delivery periods of Janu issuance of an amendment to said tenta keting area, be and it hereby is amended ary, February, March, and April, 1942, tively approved marketing agreement, as as follows:
and $1.85 per hundredweight for each amended, and to said order, as amended, 1. Delete 942.1 a 7 and substi delivery period thereafter.
would tend to effectuate the declared pol tute therefore the following:
7. Delete 942.5 b 2 and substitute icy of the act, notice was given of a hear The term handler means any person, ing which was held in New Orleans, irrespective of whether such person is a therefor the following:
Louisiana, beginning on October 29,1941, producer, wherever located or operating, 2 The minimum price of milk re on a proposal to amend the tentatively who engages in such handling of milk ceived from producers and new producers approved marketing agreement, as which is disposed of as milk, cream, or at a plant in the marketing area and dis amended, and the order, as amended, ice cream mix in the marketing area as posed of as Class I milk shall be the mini regulating the handling of milk in the is in the current of interstate commerce, mum price for Class I milk provided in New Orleans, Louisiana, marketing area, or which directly burdens, obstructs, or paragraph a of this section, plus 28
at which time and place all interested affects interstate commerce in milk and cents, parties were afforded an opportunity to its products. This definition shall not 8. Delete 942.5 b 3 and substitute be heard upon such proposals.
be deemed to include an association of After such hearing, handlers of more producers whose only disposition of milk therefor the following:
3 The minimum price of xiiilk re than fifty percent of the volume of milk within the marketing area is to handlers.
ceived from producers and new producers covered by such order, as amended, which 2. Delete 942.1 a 8.
at a plant in the marketing area and is marketed within the New Orleans, 3. Renumber 942.1 a 9 and disposed of as Class n milk shall be the Louisiana, marketing area, refused or failed to sign a tentatively approved 942.1 a 10 as 942.1 a 8 and minimum price for Class II milk provided in paragraph a of this section, plus 20
marketing agreement, as amended, regu 942.1 a 9, respectively.
4. Delete 942.4 c and substitute cents.
lating the handling of milk in the same manner as the said order as hereby therefor the following:
9. Delete 942.5 c.
942.4 Classification of milk.
amended.
10. Delete from 942.8 a the figure $

The requirements of section 8c 9 of $1.85 and substitute therefor the figure c Interhandler and nonhandler $ 2 .00 .
the act have been complied with.
11. Delete from 942.8 a the figure It is found 942.0 upon the evidence transfers of milk. Milk, including skim introduced at the above-mentioned pub milk, disposed of by a handler to another $0.75 and substitute therefor the figure lic hearing, such findings being in addi handler or by a handler to a person who $ 1.00.
12. Delete 942.8 b 3 and substi tion to the findings made upon the is not a handler, but who distributes evidence introduced at the original hear milk or manufactures milk products, tute therefor the following:
ings on the order and on amendments shall be classified by the market admin 3
To an association of producers, Nos. 1 and 2 to the order, and being in istrator as Class I milk: Provided, That with respect to milk which it causes to if a different classification is agreed upon addition to the other findings made prior be delivered to a handler from producers to or at the time of the original issuance in written reports furnished to the mar and new producers who have signed ket administrator by the selling handler of the order and of amendments Nos. 1
membership agreements or other con and 2 to the order which findings are and the purchaser, the milk, or skim tracts with the association, which agree hereby ratified and affirmed save only milk, shall be classified according to such ments or contracts expressly authorize as such findings are in conflict with the reports, subject to verification by the the association to collect the amount due market administrator: And provided findings hereinafter set fo rth :
further, That in no event shall the such producers and new producers for 942.0 Findings.
amount so reported in any class be their milk, and pursuant to which au

greater than the total amount of milk thorization the association is collecting m That prices calculated to give milk disposed of in such class by the pur payment for milk on behalf of its pro ducers and new producers, or expressly produced for sale in the marketing area chaser.
assumes such responsibility by some au a purchasing power equivalent to the Milk, including skim milk, received by thorized act of the board of directors, or purchasing power of such milk, as de a handler from a plant operated by an the membership in accordance with termined pursuant to Secs. 2 and 8e, 50 association of producers shall be ratably of the total amount of money Stat. 246; 7 U.S.C. 602, 608e, are not apportioned among the receiving han its bylaws, such handler is obligated to pay for reasonable in view of the available sup dlers Class I, Class n, and Class in milk, which milk received from such producers and plies of feeds, the price of feeds, and after excluding the receipts of milk from new producers, calculated as follows: a other economic conditions which affect handlers.
multiply the volume of milk received the supply of and demand for such milk 5. Delete 942.5 a 1 and substitute from such producers by not less than the and that the minimum prices set forth therefor the following:
uniform price computed pursuant to in this amendment to said order are such 942.7 a, b multiply the volume of 942.5 Minimum prices.
prices as will reflect the aforesaid factors,

milk received from such new producers insure a sufficient quantity of pure and 1 Class I milk$3.00 per hundred by the Class HI price, and c add to wholesome milk, and be in the public weight for the delivery periods of Janu gether the resulting amounts.
interest; and that the fixing of such To an association of producers, with ary, February, March, and April, 1942, prices does not have for its purpose the $2.40 per hundredweight for each respect to milk received at a plant oper maintenance of prices to producers above and delivery period thereafter: Provided, ated by such association and subsequently the levels which are declared in the act That with respect to Class I milk dis transferred to the plant bf such handler, to be the policy of Congress to establish; posed of under a program approved by a total amount of money calculated as n That the order, as amended, and the Secretary for the sale or disposition follows: a multiply the amount of milk as hereby amended, regulates the han of milk to low-income consumers, in in each class so received, as computed dling of milk in the same manner as a cluding persons on relief, the price shall pursuant to 942.4 c and d by the marketing agreement, as amended, upon be $2.53 per hundredweight for the de respective class prices for milk, and add livery periods of January, February, together the resulting amounts.
which a hearing has been held; and