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F E D E R A L R E G IS T E R , Wednesday, August 30, 1939

3783

above 3.8 percent not less than, or shall zation value of milk of producers re market administrator for market infor deduct from such prices for such pro ceived by such handler or caused to be mation to, and for the verification of ducer for each one-tenth of 1 percent delivered by such handler to a plant from weights, sampling, and testing of milk re of average butterfat content in milk be which no milk or cream is disposed of ceived from, said producers.
low 3.8 percent not more than, an amount in the marketing area during the delivery b Producers cooperative associa computed as follows: add 4 cents to the period is less than the sum obtained by tions. In the case of producers for average price of 92-score butter at whole multiplying the hundred-weight of such whom a cooperative association, which sale in the Chicago market, as reported milk of producers by the appropriate the Secretary determines to be qualified by the United States Department of A g prices required to be paid producers by under the provisions of the act of Con riculture for the delivery period during handlers pursuant to subparagraphs 1 gress of February 18, 1922, as amended, which such milk was received, and divide and 2 of paragraph a of this sec known as the Capper-Volstead Act, is the resulting sum by 10.
tion, and adding together the resulting actually performing the services set forth d Location differentials. In making amounts. I f at such time the balance in paragraph a of this section, each payments pursuant to paragraphs a in the producer-settlement fund is in handler shall make the deductions from 1 and a 2 of this section for milk sufficient to make all payments pursuant the payments to be made pursuant to received from producers at plants ap to this paragraph, the market admin Sec. 913.8 a 1 and 2 , which are proved by the health authorities of Kan istrator shall reduce uniformly such pay authorized by such producers, and, on or sas City, Missouri, for the receiving of ments and shall complete such payments before the 10th day after the end of each milk to be disposed of as milk in the as soon as the necessary funds are avail delivery period, pay over such deductions marketing area, and located more than able. No handler who, on the 10th day to the associations of which such pro 30 miles from the City Hall in Kansas after the end of each delivery period, ducers are members.
City, Missouri, each handler shall deduct, has not received the balance of such re 913.10 Expense o f adm inistration with respect to all milk received from duced payment from the market ad a Payments Try handlers. As his pro such producers, the amount per hundred ministrator, shall be deemed to be in rata share of the expense of the admin weight specified for the distance of such violation of paragraph a of this section istration hereof, each handler who re plant from the City Hall in Kansas City, if he reduces his payments to producers ceived milk from producers, with respect Missouri, as follows: not more than 45 by not more than the amount of the re to all milk received from producers, pro miles, 17 cents per hundredweight; and duction in payment from the producerduced by such handler, and caused to be for each additional 10 miles or part settlement fund. Nothing in this para delivered by such handler to a plant thereof an additional iy 2 cents per graph shall abrogate the right of a co from which no milk or cream is disposed operative association to make payment of in the marketing area, during the hundredweight.
e Additional payments. Any han to its member producers In accordance delivery period, shallpay to the market dler may make payment to producers in with the payment plan of such coopera administrator, on or before the 10th day addition to the payments to be made tive association.
after the end of such delivery period, an i Adjustm ent of errors in payments. amount not exceeding 2 cents per hun pursuant to paragraph a of this sec tion: Provided, That such additional Whenever verification by the market dredweight, which amount shall be de payments shall be uniform as among all administrator of reports or payments of termined by the market administrator, producers for milk of the same grade any handler discloses errors made in pay subject to review by the Secretary. As ments to the producer-settlement fund its pro-rata share of the expense of and quality.
f Producer-settlem ent fund.
The pursuant to paragraph g of this sec administration hereof a cooperative as market administrator shall establish and tion, the market administrator shall sociation which is a handler shall Pay maintain a separate fund, known as promptly bill such handler for any un to the market administrator, on or be the producer-settlement fund, into paid amount and such handler shall, fore the 10th day after the end of the which he shall deposit all payments within 5 days, make payment to the delivery period, with respect to the milk made by handlers pursuant to para market administrator of the amount so of any producer which it causes to be graphs g and i of this section and billed. Whenever verification discloses delivered to a plant from which no milk out of which he shall make all pay that payment is due from the market ad or cream is disposed of in the marketing ments to handlers pursuant to para ministrator to any handler pursuant to area during the delivery period, an paragraph h of this section, the market amount per hundredweight equivalent to graphs h and i of this section.
g Payments to the producer-settle administrator shall, within 5 days, make that required to be paid by other han ment fund. On or before the 10th day such payment to such handler. When dlers pursuant to this paragraph.
after the end o f each delivery period, ever verification by the market adminis b Suits by the m arket adm inistrator.
each handler shall pay to the market trator of the payment by a handler to The market administrator may main administrator, fo r payment to producers any producer discloses payment to such tain a suit in his own name against any through the producer-settlement fund, producer of less than is required by this handler for the collection of such han the amount by which the total utiliza section, the handler shall make up such dlers pro-rata share of expenses set tion value of the milk of producers re payment to the producer not later than forth in this section.
ceived by such handler or caused to be the time of making payment to producers 913.11 Effective tim e, suspension, delivered by such handler to a plant next following such disclosure.
o r term ination o f order, as amended from which no milk or cream is disposed 913.9 M arketing services a De a Effective tim e. The provisions of in the marketing area during the de ductions fo r m arketing services. Except hereof, or any amendment hereto, shall livery period is greater than the sum as set forth in paragraph b of this sec become effective at such time as the obtained by multiplying the hundred tion, each handler shall deduct 3 cents Secretary may declare and shall con weight of such milk by the appropriate per hundredweight from the payments tinue in force until suspended or ter prices required to be paid producers by made to each producer pursuant to Sec. minated pursuant to paragraph b of handlers pursuant to subparagraphs 1 913.8 a 1 and 2, with respect to this section.
and 2 of paragraph a of this sec all milk of such producer received by such b Suspension or term ination o f or tion, and adding together the resulting handler or caused to be delivered by such der, as amended. The Secretary may amounts.
handler to a plant from which no milk or suspend or terminate this order, as h Payments out o f producer-settle cream is disposed of in the marketing amended, or any provision hereof, ment fund. On or before the 10th day area during the delivery period, and shall whenever he finds that this order, as after the end of each delivery period, the pay such deductions to the market ad amended, or any provision hereof, ob market administrator shall pay to each ministrator on or before the 10th day structs, or does not tend to effectuate handler, for payment to producers, the after the end of such delivery period. the declared policy of the act. This amount, if any, by which the total utiliSuch moneys shall be expended by the order, as amended, shall terminate, in