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
3767
these computations, and c the price of fo r any unpaid amount and such han to be delivered by such cooperative asso Class I milk, Class n milk, and Class m dler shall, within 5 days, make payment ciation to a plant from which no milk milk used in such computations.
to the market administrator of the or cream is disposed o f in the marketing 941.8 Paym ent fo r m ilk a Tim e amount so billed. Whenever verifica area.
b Suits by m arket adm inistrator.
and method o f payment. On or before tion discloses that payment is due from the 15th day after the end of each de the market administrator to any han The market administrator may main livery period each handler shall pay dler, pursuant to paragraph d of this tain a suit in his own name against any each producer, for milk purchased or section, the market administrator shfl.ll, handler for the collection of such han received during the delivery period, an within 5 days, make such payment to dlers pro-rata share o f expense set forth amount of money representing not less such handler. Whenever verification by in this section.
941.10 M arketing s e r v i c e s a
than the total value of such milk, at the market administrator of the pay the uniform price per hundredweight, ment by a handler to any producer, for M arketing service deduction. In making computed pursuant to Sec. 941.7 b and milk purchased or received by such han payments to producers pursuant to Sec.
subject to the butterfat differential and dler, discloses payment to such producer 941.8, each handler, with respect to all location adjustments set forth in this of less than is required by this section, milk received from each producer dur the handler shall make up such payment ing each delivery period, except as set section.
to the producer not later than the time forth in paragraph b of this section, b Producer-settlem ent fund. The market administrator shall establish and of making payment to producers next shall deduct 3 cents per hundredweight, following such disclosure.
or such lesser amount as the market ad maintain a separate fund known as the f B utterfat differential. I f any han ministrator shall determine to be suffi producer-settlement fund into which dler has purchased or received from any cient, such determination to be subject he shall deposit all payments made by handlers pursuant to paragraphs c producer, during any delivery period, to review by the Secretary, and shall, on and e and out o f which he shall make milk having an average butterfat content or before the 15th day after the end of other than 3J5 percent, such handler, in such delivery period, pay such deduc all payments to handlers pursuant to making the payments pursuant to para tions to the market administrator. Such paragraphs d and Ce o f this section.
graph a of this section to such pro moneys shall be expended by the market c Payments to the producer-settle ducer, shall add for each one-tenth of administrator for verification of weights, m ent fund. On or before the 14th day 1 percent of average butterfat content samples, and tests o f milk received from after the end of each delivery period above 3.5 percent not less than, or shall, such producers and in providing for each handler shall pay to the market deduct for each one-tenth of 1 percent market information to such producers.
administrator the amount by which the of average butterfat content below 3.5
The market administrator may contract total value of the milk purchased or re percent not more than, 4 cents per hun with an association or associations of ceived by him from producers during dredweight.
producers for the furnishing of the the delivery period is greater than the g Location adjustments to producers. whole or any part of such services to, or amount obtained by multiplying the In making payments to producers pur with respect to the milk received from, hundredweight erf milk purchased and suant to paragraph a of this section, such producers.
received from producers by the uniform b M arketing service deductions w ith handlers shall deduct with respect to all price.
milk purchased or received from pro respect to members o f a producers? coop d Payments out o f the producerducers at a country plant, platform, or erative association. In the case of pro settlem ent fund, to or before the 15th loading station located more than 70 ducers fo r whom a cooperative associa day after the end of each delivery period, miles from the City Hall in Chicago, the tion is actually performing the services the market administrator shall pay to set forth in paragraph a of this sec amount specified as follows:
each handler for payment to producers tion each handler shall, in lieu of the Cents per the amount, if any, by which the total hundredweight deductions specified in paragraph a value of such m ilk purchased or received of this section, make such deductions W ithin 70 to 85 miles____________________2
from producers by such handler is less W ithin 86 to 100 miles__________________ 4
from payments made pursuant to Sec.
than the amount obtained by multiply W ithin 101 to 115 miles___________________ 6
941.8 as may be authorized by such pro ing the hundredweight o f such milk pur W ith in 116 to 130 miles_________________ 8
ducers, and pay over on or before the W
ithin 131
to 145
miles________________
10
chased or received from producers by W ithin 146 to 160 miles_____________
15th day after the end o f each delivery 12
such handler by the uniform priceI f at w ith in 161 to 175 miles_________________ 14
period such deductions to the associa such time the balance in the producerFor each 15 miles or part thereof be tions rendering such service of which yond 176 miles from the City H all of settlement fund is insufficient to make all Chicago, an additional________________
y% such producers are members.
payments pursuant to this paragraph, 941.11 M arket advisory com m ittee.
the market administrator .shall reduce 941.9 Expense o f administration a Subsequent to the effective date uniformly such payments and shall com a Payments by handlers. As his pro hereof, the market administrator may plete such payments as soon as the: rata share of the expense of the admin select a representative committee of the necessary funds are available. No han istration hereof each handler, except industry for purposes 1 of recommen dler who, on the 15th day after the end those handlers exempt from the provi dation of amendments to this order, and of each delivery period, has not received sions hereof as set forth in Sec. 941.6 a , 2 for conference, counsel, and advice.
the balance of the payment due him shall pay to the market administrator, 941.12 Effective tim e, suspension, or from the market administrator shall be, on or before the 15th day after the end term ination o f order a Effective tim e.
deemed to be in violation of paragraph of each delivery period, a sum not ex The provisions hereof, or any amend a of this section if he reduces his pay ceeding 2 cents per hundredweight with ment hereto, shall become effective at ments to producers by not more than the respect to all milk purchased or received such time as the Secretary may declare amount of the reduction < in payment by him during such delivery period from and shall continue in force until sus from the producer-settlement fund.
producers, or produced by him, the exact pended, or terminated, pursuant to para e Adjustm ents o f errors in pay sum to be determined by the market ad graph b of this section.
ments. Whenever verification by the ministrator, subject to review by the b Suspension or term ination o f order.
market administrator of reports or pay Secretary: Provided, That each handler The Secretary may suspend or term i ments of any handler discloses errors which is a cooperative association shall nate this order or any provision hereof made in payments to the producerpay such pro-rata share of expense of whenever he finds that this order or any settlement fund pursuant to paragraph administration only on that milk of pro provision hereof obstructs or does not c of this section, the market admin ducers actually received at a plant of tend to effectuate the declared policy of istrator shall promptly bill such handler such cooperative association, or caused the act. This order shall, in any event, No. 167------ 2