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3764

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

the declared policy of said act, gave, on the 9th day of June 1939, notice of a public hearing1 which was held at Chi cago, minois, from June 26 through June 30, 1939, at which time and place all in terested parties were afforded an oppor seal H arry L. B r o w n , tunity to be heard on a proposed market A cting Secretary of Agriculture.
ing agreement and a proposed order; and P. R. Doc. 39-3171; Piled, August 29, 1939;
Whereas, after such hearing and after 9:14 a. m.
the tentative approval on the 18th day of August 1939, by the Secretary, of marketing agreement, handlers of more than fifty percent of the volume of milk Order No. 41
covered by such order which was mar M a r k e t in g O rders keted within the Chicago, Illinois, mar PART 941 ORDER REGULATING TH E HANDLING keting area, as defined in this order, OP M IL K I N THE CHICAGO, IL L IN O IS , MAR refused or failed to sign such tentatively approved marketing agreement relating KE TIN G AREA
to milk; and Sec.
Whereas, the Secretary determined,2
941.0
Findings.
on the 24th day o f August 1939, said de 941.1
Definitions.
941.2
Market administrator.
termination being approved by the Pres 941.3
Reports of handlers.
ident of the United States on the 26th 941.4
Classification of milk.
day of August 1939, that said refusal or 941.5
M inim um prices.
941.6
Application of provisions.
failure tends to prevent the effectuation 941.7
Determination of uniform prices to of the declared policy of said act, that producers.
the issuance of this order is the only 941.8
Payment for milk.
practical means, pursuant to such policy, 941.9
Expense o f administration.
941.10 Marketing services.
of advancing the interests of producers 941.11 Market advisory committee.
of milk in said area, and that this order 941.12 Effective time, suspension or termi is approved or favored by over 67 percent nation of order.
of the producers voting in a referendum 941.13 Liability.
conducted by the Secretary, who, during Whereas, under the terms and pro the month of April 1939, said month hav visions of Public Act No. 10, 73d Congress, ing been determined by the Secretary to as amended and as reenacted and be a representative period, were engaged amended by the Agricultural Marketing in the production of milk for sale in the Agreement Act of 1937 50 Stat. 246, Chicago, minois, marketing area; and d Liquidation after suspension or the Secretary of Agriculture of the Whereas, the Secretary has found and term ination. Upon the suspension or United States is empowered, after due termination of any or all provisions notice and opportunity for hearing, to proclaimed the period August 1919-July hereof, the market administrator, or enter into marketing agreements with 1929 to be the base period to be usd in such person as the Secretary may des processors, producers, associations of determining the purchasing power of ignate, shall liquidate, if so directed by producers, and others engaged in such milk sold in the Chicago, minois, mar the Secretary, the business of the mar handling of any agricultural commodity keting area; and Whereas, the Secretary herewith finds ket administrators office and dispose of or product thereof as is in the current of all funds and property then in his pos interstate or foreign commerce, or which that a pro-rata assessment on handlers, session or under his control, together directly burdens, obstructs, or affects in as set forth in section 9 of this order, at with claims for any funds which are un terstate or foreign commerce in such a rate not to exceed 2 cents per hundred weight on all milk received from pro paid or owing at the time of such sus commodity or product thereof; and ducers during each delivery period, will pension or termination. Any funds col Whereas, under the terms and pro provide funds necessary to pay such ex lected pursuant to the provisions hereof, visions of said act, the Secretary of Agri over and above the amounts necessary to culture is empowered to issue orders ap penses, while such order is in effect, as meet outstanding obligations and the ex plicable to processors, associations of will necessarily be incurred by the mar penses necessarily incurred by the mar producers, and others engaged in the ket administrator under such order for ket administrator or such person in liq handling of any agricultural commodity the maintenance and functioning of said uidating and distributing such funds, or product thereof specified in subsection market administrator; and 941.0 Findings. Whereas, the Secre shall be distributed to the contributing 2 of section 8c, such orders to regulate handlers and producers in an equitable only such handling of such agricultural tary finds upon the evidence introduced manner.
commodity or product thereof as is in at said public hearing:
913.12 Liability a Liability of the current of interstate or foreign com 1. That all milk which was produced handlers. The liability of the handlers merce or which directly burdens, ob for sale in the marketing area is handled hereunder is several and not joint and structs, or affects interstate or foreign in the current of interstate commerce, or no handler shall be liable for the default commerce in such commodity or product so as directly to burden, obstruct, or af of any other handler.
thereof; and fect interstate commerce in milk or its Whereas, the Secretary of Agriculture, products;
Now, therefore, Harry L. Brown, Act 2. That the prices calculated to give ing Secretary of Agriculture, acting having reason to believe that the execu under the provisions of Public Act No. 10, tion of a marketing agreement and the milk produced for sale in said marketing 73d Congress, as amended and as reen issuance of an order with respect to the area a purchasing power equivalent to acted and amended by the Agricultural handling of milk in the Chicago, Illinois, the purchasing power of such milk, as Marketing Agreement Act of 1937, for marketing area would tend to effectuate determined pursuant to sections 2 and 8e of said act, are not reasonable in view the purposes and within the limitations Section 941.0 to and including Section of the price of feeds, the available suptherein contained and not otherwise, issued under the authority contained hereby executes and issues in duplicate 941.13
in 48 Stat. 31 1933, 7 U.S.C. 601 et seq.
1 4 P.R. 2366 DI.
this order, as amended, under his hand 1934; 49 Stat. 750 1935; 50 Stat. 246
2See page 3770.
and the official seal of the Department 1937, 7 U.S.C. 601 et seq. Sup. IV 1938.

any event, whenever the provisions of the act authorizing it cease to be in effect.
c Continuing power and duty o f the m arket adm inistrator. If, upon the suspension or termination of any or all provisions hereof, there are any obliga tions arising hereunder the final accrual or ascertainment of which requires fur ther acts by any handler, by the market administrator, or by any other person, the power and duty to perform such further acts shall continue notwith standing such suspension or termina tion: Provided, That any such acts re quired to be performed by the market administrator shall, if the Secretary so directs, be performed by such other per son, persons, or agency as the Secretary may designate, 1 The market administrator, or such other person as the Secretary may designate, shall a continue in such capacity until removed by the Secretary, b from time to time account for all receipts and disbursements and, when so directed by the Secretary, deliver all funds or property on hand together with the books and records of the market ad ministrator, or such person, to such per son as the Secretary may direct, and c if so directed by the Secretary, execute such assignments or other instruments necessary or appropriate to vest in such person full title to all funds, property, and claims vested in the market admin istrator or such person pursuant thereto.

of Agriculture, in the city of Washington, District of Columbia, on this 28th day of August 1939, and declares this order, as amended, to be effective on and after the 1st day of September 1939.