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FEDERAL REGISTER, Wednesday, June 14, 1939 <2 Pay, out of the funds provided by son is a producer or a cooperative asso ciation, wherever located or operating, Sec. 912.9, the cost of his bond, his own who engages in such handling of milk, compensation, and all other expenses which is disposed o f as milk or cream in necessarily incurred in the maintenance the marketing area, as is in the current and functioning of his office.
of interstate commerce or which directly - 3 Keep such books and records as burdens, obstructs, or affects interstate will clearly reflect the transactions pro commerce in milk and its products. vided for herein and surrender the same This definition shall be deemed to in to his successor or to such other person clude any cooperative association with as the Secretary may designate.
4 Publicly disclose to handlers and respect to milk caused to be delivered from a producer to a handler for the ac producers, unless otherwise directed by count of such cooperative association the Secretary, the name of any person and for which such cooperative associa who, within 10 days after the date upon tion collects payment, and any coopera which he is required to perform such tive association or other handler with acts, has not a made reports pursuant respect to the milk of any producer to Sec. 912.5 or b made payments which it causes to be delivered to a plant pursuant to Sec. 912.8.
5 Promptly verify the information from which no milk is disposed of in the marketing area, for the account of contained in the reports submitted by such cooperative association or handler handlers.
and for which such cooperative associa 912.3 Classification of m ilk a tion or handler collects payment.
M ilk to be classified. Milk of a pro 5 The term market administrator ducer which a handler causes to be de means the person designated pursuant livered to a plant from which no milk to Sec. 912.2 as the agency for the ad is disposed of in the marketing area, and ministration hereof.
all milk received by each handler, in 6 The term delivery period means cluding milk produced by him, if any, the current marketing period beginning shall be classified by the market admin with the 1st day and ending with the istrator in the classes set forth in para 15th day, and beginning with the 16th graph b of this section, subject to the day and ending with the last day, of provisions of paragraphs c and d of each month.
this section.
7 The term act means Public Act b Classes o f utilization. The classes No. 10, 73rd Congress, as amended and of utilization of milk shall be as follows:
as reenacted and amended by the Agri 1 Class I milk shall be all milk dis cultural Marketing Agreement Act of posed of in the form of milk and all 1937.
8 The term Secretary means the milk not accounted for as Class n milk, Secretary of Agriculture of the United Class in milk, or Class IV milk.
States.
2 Class n milk shall be all milk 9 The term cooperative associa used to produce cream which is disposed tion means any cooperative association of in the form of cream for consumption of producers which the Secretary de as cream.
termines a to have its entire activities 3 Class H I milk shall be all milk under the control of its members and specifically accounted fo r as used to b to have and to be exercising fullproduce a milk product other than those authority in the sale of milk of its specified in Class I I milk and Class,IV
members.
milk.
4 Class IV milk shall be all milk 912.2 M a r k e t adm inistrator a
Designation. The agency for the ad specifically accounted for as used to pro ministration hereof shall be a market duce butter or cheese, except cottage administrator who shall be a person se cheese, and all milk accounted fo r as lected by the Secretary. Such person actual plant shrinkage but not to ex shall be entitled to such compensation ceed 3 percent of the total receipts of as may be determined by, and shall be milk from producers.
subject to removal at the discretion of, c Interhandler a n d nonhandler the Secretary.
sales. Milk disposed of by a handler to b Powers. The market administra another handler and milk disposed of by tor shall:
a handler to a person who is not a han 1 Administer the terms and provi dler but who distributes milk or manu sions hereof;
factures milk products shall be classified, 2 Report to the Secretary com subject to paragraph d o f this section, plaints of violation of the provisions as Class I milk: Provided, That if the hereof.
selling handler on or before the 5th day after the end of each delivery period c Duties. The market administra furnishes to the market administrator a tor shall:
statement which is signed by the buyer 1
Within 45 days following the dateand seller that such milk was disposed upon which he enters upon his duties, of as Class n milk, Class m milk, or execute and deliver to the Secretary a Class IV milk, such milk shall be classi bond, conditioned upon the faithful per fied accordingly, subject to verification formance of his duties, in an amount by the market administrator.
and with surety thereon satisfactory to d Sales of a cooperative association the Secretary, to any other handler. Milk caused to be
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delivered from a producer to any other handler by a cooperative association which is a handler shall be ratably ap portioned among the receiving handlers total Class I, Class n , Class H I, and Class IV milk.
912.4 M inim um prices a Class prices. 1 Each handler shall pay, at the time and in the manner set forth in Sec. 912.8, not less than the following prices for milk received at such han dlers plant or caused to be delivered by such handler to a plant from which no milk is disposed of in the marketing area, during delivery periods in May, June, July, August, and September of each year:
Class I milk $1.95 per hundred weight.
Class n milk $1.50 per hundred weight.
Class H I milk The price per hun dredweight fo r milk of 3.8 percent butterfat content computed pursuant to section 1 of article V I of the marketing agreement for evaporated milk issued by the Secretary on May 31, 1935, or pursuant to any amendments issued thereto. In the event the said market ing agreement for evaporated milk is terminated, the price for Class I I I milk shall be the price per hundredweight calculated by the market administrator as follows: multiply by 3.8 the average price per pound of 92-score butter at wholesale in the Chicago market, as re ported by the United States Depart ment of Agriculture for the delivery period during which such milk was re ceived, and add 30 percent thereof.
Class TV milkThe price per him .
dredweight which shall be calculated by the market administrator as follows:
multiply by 3.8 the average price per pound of 92-score butter at wholesale in the Chicago market, as reported by the United States Department of Agri culture for the delivery period during which such milk was received, and add 10 percent thereof.
2 Each handler shall pay, at the time and in the manner set forth in Sec. 912.8, not less than the following prices for milk received at such han dlers plant or caused to be delivered by such handler to a plant from which no milk is disposed of in the marketing area during delivery periods in October, November, December, January, Febru ary, March, and April of each year:
Class I milk $2.35 per hundredweight.
Class n milk $1.90 per hundred weight.
Class m milk The price per hun dredweight for milk of 3.8 percent butterfat content computed pursuant to section 1 of article V I of the marketing agreement fo r evaporated milk issued by the Secretary on May 31, 1935, or pursuant to any amendments issued thereto. In the event the said market ing agreement for evaporated milk is terminated, the price for Class I I I milk shall be the price per hundredweight