Federal Register - February 9, 1939

Versione di testo Cosa è?Dateas è un sito indipendente non affiliato a entità governative. La fonte dei documenti PDF che pubblichiamo qui è l'entità governativa indicata in ciascuno di essi. Le versioni in testo sono trascrizioni che realizziamo per facilitare l'accesso e la ricerca di informazioni, ma possono contenere errori o non essere complete.

Source: Federal Register

FEDERAL REGISTER, determine to be equitable, either by a adjustment of the account of each indi vidual producer who delivered during such period on the basis of a recomputa tion of the price of such handler, or b addition or subtraction of the amount of such correction to or from the value of all milk received by such handler in the delivery period during which such error was determined, computed as set forth in Sec. 934.7 a .
c Butterfat differential. I f any pro ducer has delivered to any handler dur ing any delivery period milk having an average butterfat content other than 3.7
percent, such handler shall, in making payments to such producer, prescribed by paragraph a of this section, add for each one-tenth of one percent of average butterfat content above 3.7 per cent, or deduct for each one-tenth of one percent of average butterfat content below 3.7 percent an amount per hun dredweight which shall be calculated by the market administrator as follows:
divide by 33 the weighted average price per 40-quart can of bottling quality cream in the Boston market, as reported by the United States Department of A g riculture for the delivery period during which such milk is delivered, or the last such price reported for a delivery period if no such price is reported for the de livery period during which such milk is delivered, and divide the result by 10.
d Country receiving plant and freight differential. The payments to be made by handlers to producers pursuant to paragraph a of this section shall be subject to a differential as follows:
1 With respect to all milk not re quired to be paid for by handlers pursu ant to paragraph a 2 ii of this section delivered by a producer to a handler at a receiving plant not located within 20 miles of the City Hall in Lowell or Lawrence, there shall be de ducted an amount per hundredweight equal to 20 cents plus the average of the freight rates from the railroad shipping point for such handlers plant to Lowell and Lawrence, according to the tariff currently approved by the Interstate Commerce Commission for the transpor tation in carload lots of milk in 40-quart cans considering 85 pounds of milk per 40-quart ca n .
e Other differentials.
In making payments to producers prescribed in paragraph a of this section handlers may make deductions as follows:
1 With respect to milk delivered by producers in containers supplied by the handler for the transportation of milk from their farms to the handlers re ceiving plant, an allowance of $.0075 per hundredweight as rental for such con tainers;
2 With respect to all milk received by a handler from producers, an amount per hundredweight equal to one-half of the payment required to be made by the handler to the Massachusetts Milk Con trol Board pursuant to an official order
Thursday, February 9, 1939

of such board issued under authorization of Section 13 of the Massachusetts Milk Control Law, Chapter 376 of Massachu setts Acts of 1934, as amended by Section 6 of Chapter 428 of Massachusetts Acts of 1937 on account of the sale, distribution, or use of such milk or of cream manu factured from such milk, divided by the total quantity of milk a delivered by producers and by such handler if he is also a producer, as included in the com putation made pursuant to Sec. 934.7 a , and b received by such handler from associations of producers, other handlers, and other persons engaged in the busi ness of handling milk, as to which such handler is the first milk dealer within the Commonwealth of Massachusetts deal ing in or otherwise handling such milk.
934.9 Marketing services. a Marketing service deduction. In mak ing payments to producers pursuant to Sec. 934.8 each handler shall, with re spect to all milk delivered by each pro ducer during each delivery period, ex cept as set forth in paragraph b of this section, deduct 3 cents per Hundred weight, or such lesser amount as the market administrator shall determine to be sufficient, and shall, on or before the 18th day after the end o f such delivery period, pay such deductions to the mar ket administrator. Such moneys shall be expended by the market adminis trator only in providing for market in formation to, and for verification of weights, samples, and tests of milk de livered by such producers. The market administrator may contract with an as sociation or associations of producers for the furnishing of the whole or any part of such services to, or with respect to the milk delivered by, such producers.
b Marketing service deductions with respect to members of a producers co operative association.
In the case of producers for whom a cooperative asso ciation, which the Secretary determines to be qualified under the provisions of the act of Congress of February 18, 1922, known as the Capper-Volstead Act, is actually performing the services set forth in paragraph a of this section each handler shall, in lieu of the deductions specified in paragraph a of this sec tion, make such deductions from pay ments made pursuant to Sec. 934.8, as may be authorized by such producers, and pay over on or before the 18th day after the end of each delivery period such deduction to the associations rendering such service of which such producers are members.
S ec.

S e c . 934.10
Expense of administra tion. a Payments by handlers. As his pro-rata share of the expense of ad ministration hereof, each handler, ex cept as set forth in Sec. 94.6 a , shall, on or before the 18th day after the end of each delivery period, pay to the mar ket administrator 2 cents per hundred weight or such lesser amount as the mar ket administrator shall determine to be sufficient with respect to all milk pro
605

duced outside the Commonwealth of Massachusetts and delivered by pro ducers and by such handler if he is also a producer, during such delivery period:
Provided, That each handler, which is a cooperative association of producers, shall pay such pro-rata share of expense of administration only on such milk ac tually received from producers at a plant operated by such association from which milk is delivered to, or for consumption in, the marketing area.
b Suits by the market administrator.
The market administrator may maintain a suit in his own name against any handler for the collection of such handlers pro-rata share of expense set forth in this section.
Sec. 934.11 Effective time, suspension, and termination of order, a Effective time. The provisions hereof, or any amendment hereto, shall become effec tive at such time as the Secretary may declare and shall continue in force until suspended, or terminated, pursuant to paragraph b of this section.
b Termination of order. The Sec retary may terminate this order when ever he finds that this order obstructs or does hot tend to effectuate the declared policy of the act.
This order shall, in any event, termi nate whenever the provisions of the act authorizing it cease to be in effect.
c Continuing power and duty of the market administrator. If, upon the sus pension or termination of any or all pro visions hereof, there are any obligations arising hereunder, the final accrual or ascertainment of which requires further acts by any handlers, by the market ad ministrator, or by any other person, the power and duty to perform such further acts shall continue notwithstanding such suspension or termination: Provided, That any such acts required to be per formed by the market administrator shall, if the Secretary so directs, be per formed by such other person, persons, or agency as the Secretary may designate.
The market administrator, or such other person as the Secretary may desig nate, a shall continue in such capacity until discharged by the Secretary, b from time to time account for all re ceipts and disbursements and deliver all funds or property on hand, together with the books and records of the market administrator, or such person, to such person as the Secretary shall direct, and c if so directed by the Secretary, execute such assignments or other in struments necessary or appropriate to vest in such person full title to all funds, property, and claims vested in the mar ket administrator or such person pur suant thereto.
d Liquidation after suspension or termination.
Upon the suspension or termination of any or all provisions here of, the market administrator, or such person as the Secretary may designate, shall, if so directed by the Secretary, liquidate the business of the market ad ministrators office, and dispose of all

Riguardo a questa edizione

Federal Register - February 9, 1939

TitoloFederal Register

PaeseStati Uniti

Data09/02/1939

Conteggio pagine10

Numero di edizioni7801

Prima edizione14/03/1936

Ultima edizione24/06/2026

Scarica questa edizione

Altre edizioni

<<<Febrero 1939>>>
DLMMJVS
1234
567891011
12131415161718
19202122232425
262728