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FEDERAL REGISTER,
Published by the Division o f the Federal Register, The National Archives, pursuant to the authority contained in the Federal Register Act, approved Juy 26, 1935 49
Stat. L. 500, under regulations prescribed by the Administrative Committee, with the approval of the President.
The Administrative Committee consists of the Archivist or Acting Archivist, an officer o f the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer.
The dally issue of the F ederal R egister will be furnished by m ail to subscribers, free o f postage, for $1 per m onth or $10 per year;
single copies 10 cents each; payable in ad vance. Remit by money order payable to Superintendent of Documents, Government Printing Office, Washington, D. C.
Correspondence concerning the publica tion of the F ederal R egister should be ad dressed to the Director, Division of the Federal Register, The National Archives, Washington, D. C.

the Secretary to be a representative period were engaged in the production for market of milk covered in such order, said approval being separate and apart from the approval of producers as set forth above; and Whereas, the Secretary on January 21, 1939,3 found and proclaimed the period August 1925-July 1929 to be the base period to be used in connection with as certaining the purchasing power of milk handled in the Lowell-Lawrence, Massa chusetts, marketing area; and Whereas, the Secretary finds that a pro rata assessment on handlers at a rate not to exceed 2 cents per hundred weight of milk as provided in Sec. 934.10
will provide funds to cover the expenses which will necessarily be incurred by the market administrator for the mainte nance and functioning of his office; and
Thursday, February 9, 1939

milk is regulated by an order of the Massachusetts Milk Control Board to which this order is complementary; and that all milk which is produced for sale in the marketing area is handled in the current of interstate commerce or so as directly to. burden, obstruct, or a f fect interstate commerce in milk or its products;
3 That the prices calculated to give milk handled in said marketing area a purchasing power equivalent to the pur chasing power of such milk, as deter mined pursuant to section 2 and section 8e of said act, are not reasonable in view of the price of feeds, the available sup plies of feed, and and other economic con ditions which affect the supply of and demand for such milk, and that the minimum prices set forth in this order are such prices as will reflect the afore said factors, insure a sufficient quantity of pure and wholesome milk and be in the public interest;
4 That this order regulates the handling of milk in the same manner as and is applicable only to handlers de fined in a marketing agreement upon .which hearings have been held;
5 That orderly marketing conditions for milk flowing into the Lowell-Law rence, Massachusetts, marketing area are so disrupted as to result in an impair ment of the purchasing power of such milk, and that the issuance of this order and all of its terms and conditions will tend to effectuate the declared policy of the act.

Now, therefore, the Secretary of Agri culture, pursuant to the authority vested in him by Public Act, No. 10, 73d Con gress, as amended and as reenacted and further amended by the Agricultural Marketing Agreement Act of 1937, hereby orders that such handling of milk in the Lowell-Lawrence, Massachusetts, mar keting area as is in the current of inter state commerce or which directly bur dens, obstructs, or affects interstate com merce shall, from the effective date here S e c . 934.0
Findings, a Whereas, of, be in conformity to and in compliance the Secretary finds, upon the evidence with the following terms and conditions.
introduced at said hearings:
Sec. 934.1 Definitions, a Terms.
1 That approximately 60 percent The following terms shall have the fol of the milk, delivered to handlers for sale lowing meanings:
in the Lowell-Lawrence, Massachusetts, 1 The term act means the Agri marketing area, is produced outside the cultural Marketing Agreement Act of Commonwealth of Massachusetts;
1937 which reenacts and further amends 2 That the milk originating in States Public, No. 10, 73d Congress, as amended;
other than the Commonwealth of Mas 2 The term Secretary means the sachusetts, enters the current of inter Secretary of Agriculture of the United state commerce; that the milk originat States;
ing in the Commonwealth of Massachu 3 The term Lowell-Lawrence, Mas setts is inextricably intermingled with sachusetts, marketing area, hereinafter that milk which is in the current of called the marketing area, means the interstate commerce and in such amount territory included within the boundary and in such manner that it is impos lines of the cities and towns of Andover, sible to regulate that milk originating Billerica, Boxford, Chelmsford, Dracut, in States other than the Commonwealth Dunstable, Lawrence, Lowell, Menthuen, of Massachusetts without regulating that North Andover, Tewksbury, Tyngsboro, milk which originates in the Common and Westford, Massachusetts;
r 4 The term person means any in wealth of Massachusetts, except as such dividual, partnership, corporation, asso 34 F. R. 403 DI.
ciation, or any other business unit;

5 The term producer means any person who produces milk which is de livered to a receiving plant from which milk is shipped to or sold in the market ing area during any delivery period; Pro vided, That a person who delivers milk to a handlers receiving plant subject to the order regulating the handling of milk in the Greater Boston marketing area, pursuant to Sec. 934.6 c , shall not be considered as a producer;
6 The term association of pro ducers means any cooperative market ing association which the Secretary de termines to be qualified pursuant to the provisions of the act of Congress of Feb ruary 18, 1922, as amended, known as the Capper-Volstead Act, and to be engaged in making collective sales or marketing of milk or its products for the producers thereof.
7 The term handler means any person who, on his own behalf or as agent for producers, purchases or re ceives milk from producers, associations of producers, or other handlers and en gages in the handling of such milk, which is sold, distributed or disposed of as milk or cream within the marketing area, as is in the current of interstate commerce or which directly burdens, obstructs, or affects interstate commerce in milk and its products.
8 The term market administrator means the person designated pursuant to Sec. 934.2 as the agency for the admin istration hereof.
9 The term delivery period means the current marketing period from the effective date hereof to and including the last day of the calendar month in which this order becomes effective, and there after the current marketing period from the first day to and including the last day of each calendar month.
10 The term hundredweight means one hundred pounds of milk or its volume equivalent, considering 85 pounds of milk and 86 pounds of skimmed milk per 40-quart can.
11 The term receiving plant means any milk plant currently used for receiving, weighing or measuring, sampling, and cooling milk received there directly from producers farms, and for washing and sterilizing the milk cans in which such milk is received, and at which are currently maintained weigh sheets or other records of producers de liveries.
Sec. 934.2 M a r k e t administrator.
a Designation. The agency for the administration hereof shall be a market administrator, who shall be a person selected by the Secretary. Such person shall be entitled to such compensation as may be determined by, and shall be subject to removal at the discretion of the Secretary.
b Powers. The market adminis trator shall have power:
1 To administer the term and pro visions hereof ;