Federal Register - February 9, 1939
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Source: Federal Register
604
FEDERAL REGISTER,
Thursday, February 9, 1939
2 Subtract from the quantity of ket administrator shall mail to all han dlers and shall publicly announce the such handlers Class I milk or of his rate or rates of such deductions made by Class I I milk, according to the use each handler, as reported pursuant to thereof as the same is reported and subparagraphs 3 and 4 of paragraph classified pursuant to Sec. 934.3 b , the b of this section, and such information quantity of milk received by such with respect to the distances involved handler from other handlers;
3 Multiply the remainder of the and so reported as the market adminis quantity of milk in each class by the trator may deem advisable.
d Verification of reports.
Eachprice applicable pursuant to Sec. 934.4
handler shall make available to the mar b and Sec. 934.4 c , and add together ket administrator or his agent, 1 those the resulting quantity and value of both records which are necessary for the ver classes.
ification of the information contained in b Computation of composite prices reports submitted by such handler pur to he paid to producers. The market ad suant to this section, and 2 those fa
ministrator shall compute for each cilities necessary for the weighing, meas handler the composite price per hun uring, and sampling of milk and the dredweight, f. o. b. such handlers plant testing of the butterfat content of milk, located within 20 miles of the City Hall and for determining the utilization of in Lowell or Lawrence for each delivery milk made by the handler.
period as follows:
S e c . 934.6 Application of provisions.
1 Ascertain the total value of all a Handlers who do not receive milk from producers. No provision of this milk disposed of by such handler, com puted pursuant to paragraph a of this order shall apply to a handler who pur chases or receives no milk from pro section;
2 Add the amount of the differen ducers, except that such handler shall tial applicable pursuant to Sec. 934.8 d make such reports pursuant to Sec. 934.5
as the m a r k e t administrator may 1 ;
3 Subtract the amount to be paid require.
by the handler pursuant to Sec. 934.8 a b Handlers who receive milk of their own production and who receive milk 2 ii;
4 From the quantity of milk ascer from producers. I f any handler who tained in subparagraph 3 of paragraph produces milk in any delivery period re a of this section subtract the quantity ceives from producers and associations of producers a quantity of milk equal to thereof for which the handler is required to make payment pursuant to Sec. 934.8
more than 10 percent of his fluid milk sales for such period, his receipts of his a 2 ii ;
5 Divide the value remaining after own production of milk shall be included subtraction pursuant to subparagraph in the computation of the value of milk 3 of this paragraph by the total quan of the handler for such period, pursuant tity of milk included in the computation to Sec. 934.7 a .
of the value of milk disposed of by such c Plants reporting to the Greater handler made pursuant to paragraph a Boston market. The provisions of this of this section, which remains after sub order shall not apply to the handling traction pursuant to subparagraph 4
of milk received at any handlers receiv of this paragraph.
ing plant which is subject to the provi c Announcement of prices to he paid sions of the order regulating the han The market administrator dling of milk in the Greater Boston, producers.
Massachusetts, marketing area Order shall mail to all handlers and shall pub No. 4, issued by the Secretary on Feb licly announce:
ruary 7, 1936, effective February 9, 1936, 1 On or before the 12th day after as amended, or of any order superseding the end of each delivery period with re or amending such order.
spect to each handler who made the re S ec. 934.7 Determination of prices to port pursuant to Sec. 934.5 a , and as producers, a Computation of value of soon after the 11th day after the end of milk for each handler. For each delivery each delivery period as such information period the market administrator shall becomes available for any other handler:
compute, subject to the provisions of Sec.
934.6, the value of milk disposed of by each handler, and to be accounted for under this paragraph as follows:
1
Subtract from the quantity such handlers Class I milk:
i The quantity of milk received by such handler from associations of pro ducers pursuant to Sec. 934.4 a ;
ii The quantity of milk of his own production received by such handler in any period in which such handlers re ceipts of milk from producers and asso ciations of producers does not exceed 10 percent of his fluid milk sales;
ii The total quantity and value of the Class I milk sold, distributed, or used by all handlers, and included in such com putations;
iii The total quantity and value of the Class I I milk sold, distributed, or used by all handlers, and included in such computations: and iv The average price for all milk re ceived by all handlers from producers, and all milk of their own production re ceived by handlers, during such deliv ery period as is included in such computations.
S e c . 934.8 Payments to producers.
a Time and method of payments. On or before the 18th day after the end of each delivery period, each handler shall make payment, subject to the differen tials set forth in this section:
1 To associations of producers, for the total value of milk delivered in bulk by each from a plant of such association to such handlers plant located within 20 miles of the City Hall in Lowell or Lawrence, the price pursuant to Sec.
934.4 a .
2 To producers, for the total value of milk delivered to him by producers during such delivery period as computed in accordance with Sec. 934.7 a , as follows:
i Each handler shall make payment to each producer, except as provided in subdivisions ii and iii of this subparagraph, at not less than the composite price per hundredweight computed for such handler pursuant to Sec. 934.7 b .
ii Each handler receiving milk from a producer, who has not regularly dis tributed milk in the marketing area or delivered milk to a handler for a period of 30 days prior to the effective date hereof, shall make payment to such pro ducer, except as provided in subdivision iii of this subparagraph, at not less than the applicable Class n price for all milk delivered by him for a period be ginning with the date of his first regular delivery of milk and including the first two full calendar months following such date.
iii Each handler shall make pay ment to producers, who are members of a cooperative association which the Sec retary determines to be qualified under the provisions of the act of Congress of February 18, 1922, known as the Cap1 The composite price for each han per-Volstead Act, a total amount equal dler for such delivery period as deter to not less than the sum of the individual mined in accordance with paragraph b payments otherwise payable to such pro of this section;
ducers under subdivisions i and ii of ii The Class I I price for such de of this subparagraph.
livery period;
b Correction of errors in payments iii The butterfat differential for such to producers. Errors in making any of delivery period;
the payments prescribed in this section 2 As soon after the 11th day after shall be corrected not later than the date the end of each delivery period as such for making payments next following the information becomes available:
determination of such errors. Any cor rection affecting all producers delivering i The total quantity and value of all milk sold, distributed, or used by all han to any handler during the period in dlers as included in the computations which such error occurred shall be cor rected as the market administrator shall under paragraph a of this section;