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FEDERAL
VOLUME 7

GISTER

1934

O N lT lO

NUMBER 100

W ashington, F rid a y , M a y 22, 1942

Regulations T IT L E 7AGRICULTURE
Chapter IX Agricultural Marketing Administration 0-35-3
P a r t 935 M i l k i n t h e O m a h a - C o t jn c il B

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AMENDMENT NO. 3 TO THE ORDER REGULAT
ING THE HANDLING OF M ILK IN THE
OMAHA-COUNCIL BLUFFS MARKETING AREA 1

The Secretary of Agriculture of the United States o f America, pursuant to the powers conferred upon the Secretary by Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agree ment Act o f 1937, as amended, issued on March 31, 1939, effective as of April 5, 1939, the order regulating the handling of milk in the Omaha-Council Bluffs marketing area; issued on February 27, 1941, effective as of March 2, 1941, Amendment No. 1 to, said order; and issued on October 1, 1941, effective as of October 2, 1941, Amendment No. 2 to said order.
There being reason to believe that amendment of said Order would tend to effectuate the declared policy of the act, notice was given on the 17th day of February 1942 of a hearing which was held on February 25, 1942, at Omaha, Nebraska, at which time and place all interested parties were afforded an op portunity to be heard on proposed amendments to said order.
The requirements of section 8c 9 of the act have been complied with.
It is found, upon the evidence intro duced at said hearing on proposed amendments, said findings being in ad dition to the findings made upon the evi dence introduced at all prior hearings on the order and amendments thereto which findings are hereby ratified and affirmed, save only as such findings are in conflict with findings hereinafter set fo r t h :
935.0 Findings. 1. That the prices calculated to give milk produced for sale in the marketing area a purchasing 1See also Department of Agriculture, infra.

power equivalent to the purchasing power of such milk, as determined pur suant to sections 2 and 8 e 50 Stat.
246; 7 U. S. C., 1940 ed. 602, 608e, are not reasonable in view of the price of feeds, the available supplies of feeds, and other economic conditions which affect the market supply of and demand for such milk, and that the minimum prices set forth in this amendment to the order are such prices as will reflect the afore said factors, insure a sufficient quantity of pure and wholesome milk, and be in the public interest; and that the fixing of such prices does not have for its pur pose the maintenance of prices to pro ducers above the levels which are de clared in the act to be the policy of Congress to establish;
2. That the order, as amended by this amendment, regulates the handling of milk in the same manner as and is ap plicable only to handlers defined in a marketing agreement, as amended, upon which a hearing has been held; and 3. That the issuance of this amend ment to the order and all of the terms and conditions o f the order, as so amended, tend to effectuate the declared policy of the act.
It is hereby ordered that the order regulating the handling of milk in the Omaha-Council Bluffs, marketing area shall be, and it is hereby, amended as follows:
1.
Delete 935.4 and substitute there for the following:
935.4 Minimum prices a Class prices. Each handler shall pay, at the time and in the manner set forth in 935.8, not less than the following prices for milk received at such handlers plant including the milk of producers which a cooperative association caused to be de livered to a plant from which no milk was disposed of in the marketing area:
1 Class I milk $2.75 per hundred weight during delivery periods prior to May 1,1943, and $2.25 per hundredweight during delivery periods thereafter: Pro vided, That with respect to Class I milk disposed of by a handler under a pro gram approved by the Secretary for the sale or disposition of milk to lowincome consumers, including persons on relief, the price shall be $2.28 per hun-

CONTENTS
R EG U LATIO N S
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M ilk marketing orders amended:
Louisville, K y ________________
Omaha-Council Bluffs, Nebr.Iow a____________

3801
3799

B it u m in o u s C o al D iv is i o n :

Peerless Coal & Coke Co., relief gran ted _______ ;____________
C iv il A e r o n a u t ic s B

3805

oard:

United A ir Lines, waiver of demonstration r e q u i r e ment_______________________
F ederal
C o m m u n ic a t io n s m is s io n :

3803

Com
Temporary limited radiotele graph second-class operator licenses____________________

3830

F e d er al T rade C o m m i s s i o n :

MacDonald, James, Ltd., et al., cease and desist order_____
O f f ic e
of
3803

P r ic e A d m i n i s t r a t i o n :

Bolts, nuts, screws and rivets;
price regulations___________ 3808
Cotton products, price regula tion amended______________ 3824
Dressed hogs and wholesale pork cuts, maximum price regu lation______________________ 3821
Export prices, amendment_____ 3824
Fats and oils, maximum prices. 3821
Iron castings, gray; authoriza tion under general maxi mum price regulation_____ 3829
Lead scrap materials, enforce ment of price schedule_____ 3823
Machine tools, maximum prices for Gould and Eberhardt__ 3820
Radio receivers, phonographs, and parts, price schedules amended 2 documents___ 3820, 3821
Rayon waste, price schedule am ended___________________ 3829
T ire r a t i o n i n g regulations, transfers___________________ 3830
W ool waste materials, price regulation amended_______
3829
Zinc scrap materials and sec ondary slab zinc, price schedule amended__________ 3820
Continued on next page 3799