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
plies of feed, and other economic condi tions which affect market supply of and demand for such milk, and that the mini mum prices set forth in this order are such prices as will reflect the aforesaid factors, insure a sufficient quantity of pure and wholesome milk, and be in the public interest;
3. That this order regulates the han dling of milk in the same manner as, and is applicable only to handlers defined in the marketing agreement upon which hearings have been held; and 4. That orderly marketing conditions for milk flowing into the Chicago, Illinois, marketing area are so disrupted as to result in the impairment of the purchas ing power of such milk and that the is suance of this order, and all of its terms and conditions, will tend to effectuate the declared policy of the act.
Now, therefore, the Secretary of Agri culture, pursuant to the powers conferred upon him by Public Act No. 10, 73d Con gress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, hereby orders that such handling of milk in the Chi cago, Illinois, marketing area as is in the current of interstate commerce, or which directly burdens, obstructs, or affects in terstate commerce, shall, from the effec tive date hereof, conform to and be in compliance with the following terms and conditions:
from which no milk or cream is disposed of in the marketing area, for the account of such cooperative association or han dler, and for which such cooperative as sociation or handler collects payments.
5 The term market administrator means the agency which is described in Sec. 941.2 for the administration hereof.
6 The term delivery period means the cmrent marketing period from the first to the last day of each month, both inclusive.
7 The term cooperative association 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 f un authority in the sale of milk of its members.
8 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.
9 The term Secretary means the Secretary of Agriculture of the United States.
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941.3 Reports o f handlers a Sub mission o f reports. Each handler shall report to the market administrator, in the detail and on forms prescribed by the market administrator, as follows:
1 On or before the 7th day after the end of each delivery period a the re ceipts of milk at each plant from pro ducers, b the receipts of milk at each plant from handlers, c the receipts at each plant of the milk, if any, produced by him, d the utilization of all receipts of milk for the delivery period, and e the name and address of each new pro ducer.
2 Within 10 days after the market administrators request with respect to any producer for whom such information is not in the files of the market adminis trator and with respect to a period or periods of time designated by the market administrator a the name and address, b the total pounds of milk delivered, c the average butterfat test of milk delivered, and d the number of days upon which deliveries were made.
3 On or before the 20th day after the end of each delivery period, his producer pay roll, which shall show for each pro ducer a the total delivery of milk with the average butterfat test thereof, b the net amount of payment to such pro ducer made pursuant to Sec. 941.8, and c any deductions and charges made by the handler.
4 On or before the 7th day after the end of such delivery period, the sale or disposition of milk outside the mar keting area, pursuant to Sec. 941.5 c as follows : a the amount and the utiliza tion of such milk, b the butterfat test thereof, c the date o f such sale or dis position, d the point of use, e the plant from which such milk is shipped, and f such other information with respect thereto as the market adminis trator may require.
941.2 M a r k e t adm inistrator a Designation. The agency for the ad ministration hereof shall be a market administrator who shall be a person se lected by the Secretary. Such person shall be entitled to such compensation as may be determined by, and shall be sub ject to removal at the discretion of, the 941.1 D efinitions a Terms. The Secretary.
following terms as used herein shall have b Powers. The market administra the following meanings:
tor shall:
1 The term Chicago, Illinois, mar 1 Administer the terms and provi keting area, hereinafter called the sions hereof; and marketing area, means the territory 2 Report to the Secretary com within the corporate limits of the cities plaints of violation of the provisions of Chicago, Evanston, Wilmette, Kenil hereof.
worth, Winnetka, and Glencoe, all in the State of Illinois.
c Duties. The market administra 2 The term person means any in tor shall:
dividual, partnership, corporation, asso 1 Within 45 days following the date b Verification of reports. Each han ciation, or any other business unit.
upon which he enters upon his duties, 3 The term producer means any execute and deliver to the Secretary a dler shall make available to the market person who produces milk which is re bond, conditioned upon the faithful per administrator or his agent 1 those rec ceived by a handler at a plant which is formance of his duties, in an amount and ords which are necessary for the verifi approved by any health authority for with surety thereon satisfactory to the cation of the information contained in the reports submitted in accordance with the receiving of milk for sale in the mar Secretary.
this section, and 2 those facilities nec keting area, or who produces milk which, 2 Pay, out of the funds provided by essary for the checking of the weighing upon proof furnished satisfactory to the Sec. 941.9, the cost of his bond, his own market administrator, is qualified to be compensation, and all other expenses and sampling of milk and for determin ing the utilization of milk by the handler.
received at such plant.
necessarily incurred in the maintenance 941.4 Classification o f m ilk a
4 The term handler means any and functioning of his office.
Basis o f classification. All milk pur person who, on his own behalf or on 3 Keep such books and records as behalf of others, purchases or receives will clearly reflect the transactions pro chased or received by a handler from milk from producers, associations of pro vided for herein, and surrender the sam producers, associations o f producers, and ducers, or other handlers, all, or a por to his successor or to such other person other handlers, including milk produced by him, if any, shall be classified by the tion, of which milk is disposed of as mm? as the Secretary may designate.
market administrator in the classes set or cream in the marketing area; and 4 Publicly disclose to handlers and who, on his own behalf or on behalf of producers, unless otherwise directed by forth in paragraph b of this section.
b Classes o f utilisation. The classes others engages in such handling of milk, the Secretary, the name of any person or cream therefrom, as is in the current who, within 4 days after the date upon of utilization of milk shall be as follows:
of interstate commerce or which directly which he is required to perform such 1 Class I milk shall be all milk dis burdens, obstructs, or affects interstate acts, has not a made reports pursuant posed o f in the form o f fluid milk, and commerce in milk and its products. This to Sec. 941.3 or b made payments all milk not accounted for as Class n definition shall be deemed to include any pursuant to Sec. 941.8.
milk or Class i n milk.
cooperative association or handler with 5 Promptly verify the information 2 Class n milk shall be all milk, ex respect to the milk of any producer contained in the reports submitted by cept skimmed milk, disposed of in the which it causes to be delivered to a plant handlers.
form of flavored milk and flavored milk