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FEDERAL REGISTER, Saturday, October 9, 194S
o Expense of administration. Each handler shall pay to the market agent, within 20 days after the close of each calendar month an assessment of $.01
per hundredweight of each of milk, cream, skim milk, buttermilk, flavored milk drink, beverages containing more than 85 percent of skim milk, and skim milk equivalent of cottage, pot, or bak ers cheese delivered during the preced ing quota period and subject to quota regulations under the provisions hereof.
p Violations.
The market agent shall report all violations to the Director together with the information required for the prosecution of such violations, except in a case where a handler has made deliveries in a quota period in ex cess of a quota in an amount not to ex ceed 5 percent of such quota, and in the succeeding quota period makes deliveries below that quota by at least the same percent.
q Bureau of the Budget approval.
The record keeping and reporting re quirements of this order have been ap proved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Subsequent record keeping or reporting requirements will be subject to the approval of the Bureau of the Budget pursuant to the Federal Reports Act o f 1942.
r This order shall take effect at 12:01
a. m., e. w. t., October 17,1943.

area : The cities, towns, and villages of New Orleans in Orleans Parish; Gretna, Westwego, Marrero, Harvey, Metairie, Harahan, and Belle Chasse in Jefferson Parish; Poydras, St. Bernard, Violet, Meraux, Chalmette, and Arabi in St.
Bernard Parish; all in the State of Louisiana.
c Base period. The calendar month of June 1943 is hereby designated as the base period for the sales area.
d Quota period. The remainder of the calendar month in which the provi sions hereof become effective and each subsequent calendar month, respectively, is hereby designated as a quota period for the sales area.
e Handler quotas. Quotas for each handler in the sales area in each quota period shall be calculated in terms of pounds of each of the items for which percentages are specified in 3 below and shall.be determined as follows:
1 Divide the total deliveries of each such item made in the sales area by such handler during the base period, after ex cluding the quota-exempt deliveries de scribed in i hereof, by the number of days in the base period;
2 Multiply the result of the forego ing calculation by the number of days in the quota period;
3 Multiply the aforesaid resulting amount by the following applicable per centage: i Milk: 100 percent; ii Butterfat in m ilk :_percent; iii Cream:
Issued this 8th day of October 1943.
75 percent; iv Butterfat in cream; 75
C. W . K i t c h e n , percent; v Milk byproducts other than Acting Director of cottage, pot or bakers cheese: 75 per Food Distribution.
cent; and vi Cottage, pot, or bakers cheese: 75 percent of skim milk equiv IF. R. Doc. 43-16466; Plied, October 8, 1943;
alent. For the purpose of this order, 11:50 a. m.
one pound of cottage, pot or bakers cheese shall be considered as the equiv FDO 79-35
alent of 7 pounds of skim milk.
P art 1401 D a ir y P roducts f Quota limitations. No handler shall, during any quota period, make CONSERVATION AND DISTRIBUTION OF FLUID
deliveries in the sales area in excess of MILK AND CREAM IN NEW ORLEANS, LA., his respective quotas, except as set out SALES AREA
in i hereof: Provided, That a handler Pursuant to the authority vested in me may; after application to and approval by Food Distribution Order No. 79 8
by the .market agent, secure an increase F.R. 12426, issued on September 7,1943, in milk quotas through an equivalent re as amended, and to effectuate the pur duction as determined by the market poses of such order, it is hereby ordered agent, in cream and milk byproducts as follows:
quotas, and an increase in milk byprod ucts quota through an equivalent reduc 1401.70 Q u o t a restrictions a tion as determined by the market agent, Definitions. When used in this order, in cream quotas.
unless otherwise distinctly expressed or manifestly incompatible with the intent g Quotas for handlers who are also hereof:
producers. Quotas for handlers who are 1 Each term defined in Food Dis also producers and who purchase no milk tribution Order No. 79, as amended, shall, shall be 100 percent of the total produc when used herein, have the same mean tion of such handlers in the base period.
ing as is set forth for such term in Food h Handler exemptions. Quotas shall Distribution Order No. 79, as amended.
not apply to any handler who delivers in 2 The term FDO 79 means Food Dis a quota period a daily average of less tribution Order No. 79, issued on Septem than 450 units of milk, cream, and milk ber 7, 1943, as amended.
byproducts. For the purpose of this 3 The term sub-handler means order, a unit shall be the equivalent in any handler, such as a peddler, vendor, volume of the following: 1 milk, one sub-dealer, or secondary dealer, who pur quart of milk; 2 cream, one-half pint chases in a previously packaged and of cream; and 3 milk byproduct, one processed form milk, milk byproducts, quart of skim milk, buttermilk, flavored or cream for delivery.
milk drink, or other beverage containing b M ilk sales area. The following more than 85 percent of skim milk, or area is hereby designated as a milk one-half pound of cottage, pot, or bakers sales area to be known as the New Or cheese.
leans, Louisiana, sales area, and is re i Quota exclusions and exemptions.
ferred to hereinafter as the sales Deliveries of milk, milk byproducts, or
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cream 1 to other handlers, except for such deliveries to sub-handlers, 2 to plants engaged in the handling or pro cessing of milk, milk byproducts, or cream from which no milk, milk by products, or cream is delivered in the sales area, and 3 to the agencies or groups specified in d of FDO 79, shall be excluded from the computation of deliveries in the base period and exempt from charges to quotas.
j Transfers and apportionment of quotas. The market agent is empow ered to deduct an amount of base period deliveries to purchasers from the total of deliveries made by a handler or other person in the base period upon the application and a showing of unreason able hardship by the handler making deliveries to such purchasers on the effective date of this order, and to add the amount of such deliveries to the total base period deliveries of the appli cant handler. Denials of transfers or transfers granted by the market agent shall be reviewed by the Director upon application.
k Petition for relief from hardships.
1 Any person affected by FDO 79 or the provisions hereof who considers that compliance therewith would work an exceptional and unreasonable hardship on him, may file with the market agent a petition addressed to the Director.
The petition shall contain the correct name, address and principal place of business of the petitioner, a full state ment of the facts upon which the peti tion is based, and the hardship involved and the nature of the relief desired.
2 Upon receiving such petition, the market agent shall immediately investi gate the representations and facts stated therein.
3 After investigation, the petition shall be certified to the Director, but prior to certification the market agent may i deny the petition, or ii grant temporary relief for a total period not to exceed 60 days.
4 Denials or grants of relief by the market agent shall be reviewed by the Director and may be affirmed, modified, or reversed by the Director.
l Reports.
Each handler shall transmit to the market agent on forms prescribed by the market agent the fol lowing reports:
1 Within 20 days following the effec tive date of this order, reports which show the information required by the market agent to establish such handlers quotas;
2 Within 20 days following the close of each quota period, the information required by the market agent to estab lish volumes of deliveries of milk, cream, and milk byproducts during the preced ing quota period; and 3 Handlers exempt from quotas pursuant to h hereof shall, upon the request of the market agent, submit the information required by the market agent to establish volumes of deliveries of milk, cream, and milk byproducts.
m Records. Handlers shall keep and shall make available to the market agent such records of receipts, sales, deliveries, and production as the market agent shall require for the purpose of