Federal Register - August 30, 1939
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Source: Federal Register
F E D E R A L R E G IS T E R , Wednesday, August 30, 1939
3760
FEDERALljf REGISTER
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proved marketing a g r e e m e n t , as amended, upon which hearings have been held; and 3. That the issuance of the order, as amended, and all of its terms and con ditions will tend to effectuate the de clared policy of the act.
7 The term base is the quantity of milk calculated for each producer pursuant to Sec. 913.7 d .
8 The term cooperative associa tion means any cooperative association of producers which the Secretary deter mines a to have its entire activities under the control of its members, and b to have and to be exercising full authority in the sale of milk of its members.
9 The term act means Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agri cultural Marketing Agreement Act of 1937.
10 The term Secretary means the Secretary of Agriculture of the United States.
Now, therefore, the Secretary of Agri culture pursuant to the powers conferred upon him by the terms and provisions of Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agree ment Act of 1937, hereby orders that such handling of milk in the Kansas City, Missouri, marketing area, as is in the current of interstate commerce, or which directly burdens, obstructs, or affects in terstate commerce, shall from the effec 913.2
M arket adm inistrator a tive date hereof be in compliance with the following terms and conditions:
Designation. The agency for the ad 913.1 Définitions a Terms. The ministration hereof shall be a market following terms shall have the following administrator who shall be a person selected by the Secretary. Such person meanings:
shall be entitled to such compensation as 1 The term Kansas City, Missouri, may be determined by, and shall be marketing area, hereinafter called the subject to removal at the discretion of, marketing area, means the territory the Secretary.
within the corporate limits of the city b Poivers. The market administra of Kansas City, Missouri.
tor shall:
CONTENTS Continued 2 The term person means any in 1 Administer the terms and provi dividual, partnership, corporation, asso Securities and Exchange Commis sions hereof; and ciation, or any other business unit.
sion:
pase 2 Report to the Secretary com 3 The term producer means any Monongahela West Penn Public plaints of violation of the provisions person who, in conformity with the Service Co., exemption hereof.
granted------------------------ 3772 health regulations of the city of Kansas c Duties. The market administra City, Missouri, under a permit issued by Notice of and orders for hear the proper health authorities of said tor shall:
ings:
city, produces milk which is received in 1 Within 45 days following the date American & Foreign Power Co., Inc _________________ 3774 bulk by a handler. This definition shall upon which he enters upon his duties, be deemed to include any such person execute and deliver to the Secretary a Metropolitan E d i s o n Co., who produces milk which a cooperative bond, conditioned upon the faithful per Northern Pennsylvania Power Co_______________ - 3775 association or handler causes to be de formance of his duties, in an amount Peoples Light and Power Co__ 3774 livered to a plant from which no milk or and with surety thereon satisfactory to cream is disposed of in the marketing the Secretary.
Utilities Power & Light Corp.
2 Pay, out of the funds provided by 2 n otices______________ 3773 area.
4 The term handler means any Sec. 913.10, the cost of his bond, his own Public Service Company of person who, on his own behalf or on be compensation, and all other expenses Colorado, effectiveness of 3772 half of others, purchases or receives milk necessarily incurred in the maintenance declaration, etc___________
from producers, associations of producers, and functioning of his office.
Securities Corporation General, 3 Keep such books and records as application approved______ 3772 or other handlers, all, or a portion, of which milk is disposed of as milk or will clearly reflect the transactions pro cream in the marketing area; and who, vided for herein, and surrender the on his own behalf or on behalf of others, same to his successor or to such other are hereby ratified and affirmed, save engages in such handling of milk as is person as the Secretary may designate.
4 Publicly disclose to handlers and only as such findings are in conflict with in the current of interstate commerce or the findings hereinafter set forth :
which directly burdens, obstructs, or producers, unless otherwise directed by the Secretary, the name of any person 913.0 Findings. 1. That the prices affects interstate commerce in milk and who, within 10 days after the date upon calculated to give milk handled in the its products. This definition shall be which he is required to perform such marketing area a purchasing power deemed to include any cooperative asso acts, has not a made reports pursuant equivalent to the purchasing power of ciation or handler with respect to the to Sec. 913.5 or b made payments pur such milk as determined pursuant to milk of any producer which it causes to suant to Sec. 913.8.
section 2 and section 8 e of the act be delivered to a plant from which no 5 Promptly verify the information are not reasonable in view of the avail milk or cream is disposed of in the mar contained in the reports submitted by keting area, for the account of such co able supplies of feeds, the price of feeds, handlers.
and other economic conditions which operative association or handler and for which such cooperative association or 913.3 Classification o f m il k a affect the supply and demand for such Basis of classification. Milk of a pro milk, and that the minimum prices set handler collects payment.
5 The term market administrator ducer which a handler causes to be deliv forth in this order, as amended, are such prices as will reflect such factors, insure means the person designated pursuant to ered to a plant from which no milk or a sufficient quantity of pure and whole Sec. 913.2 as the agency for the admin cream is disposed of in the marketing area and milk received by each handler, some milk and be in the public interest; istration hereof.
6 The term delivery period means including milk produced by him, if any, 2. That the order, as amended, regu lates the handling of milk in the same the current marketing period from the shall be classified by the market admin manner as and is applicable only to, first to, and including, the last day of istrator in the classes set forth in para graph b of this section.
handlers specified in the tentatively apeach month.
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