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FEDERAL REGISTER, W edn esday, J a n u a ry i , 1944
1 Within 20 days following the effec tive date of this order, reports whieh 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 re quired by the market agent to establish volumes of deliveries of milk, cream, and milk byproducts during the preceding quota period; and 3 Handlers exempt from quotas pur suant to i hereof shall, upon the re quest of the market agent, submit the information required by the market agent to establish volumes of deliveries of milk, cream, and milk byproducts.
o 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 obtaining in formation whieh the Director may re quire for the establishment of quotas as prescribed in b of EDO 79.
p Expense of administration. Each handler shall pay to the market agent, within 20 days after the close of each Calendar month, an assessment of $0.01
per hundredweight of each of milk, milk byproducts, cream, and skim milk equiv alent of cottage, pot, or bakers cheese delivered during the preceding quota pe riod and subject to quota regulations un der the provisions hereof.
q Violations. The market agent shall report all violations to the Direc tor together with thé information re quired for the prosecution of such vio lations.
r 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 of 1942.
s Effective date. Thisorder shall take effect at 12:01 a. m., e. w. t., Janu ary 1,1944.
E.O. 9280, 7 F.R. 10179; E.O. 9322, 8 F.R.
3807; E.O. 9334, 8 F.R. 5423; E.O. 9392, 8
F.R. 14783; FDO 79, 8 F.R. 12426, 13283
Issued this 31st day of December 1943.
C. W. K itchen, Acting Director of Food Distribution.
IP. R. Doc. 44-42; Piled, January 1, 1944;
4:03 p. m.

FDO 79-104
P art 1401D airy P roducts FLUID M ILK AND CREAM I N CHATTANOOGA, T E N N ., METROPOLITAN SALES AREA

Pursuant to the authority vested in me by Food Distribution Order No. 79 8
F.R. 12426, issued on September 7,1943, as amended, and to effectuate the pur poses of such order, it is hereby ordered as follows;
1401.144
Quota restrictions a Definitions. When used in this order, unless otherwise distinctly expressed-or
pianifestly incompatible with the Intent hereof:
1 Each term defined in Food Dis tribution Order No. 79, as amended, shall, When used herein, have the same mean ing as is set forth for such term in Food Distribution Order No. 79, as amended.
2 The term FDO 79 means Food Distribution Order No. 79, issued on September 7, 1943, as amended.
3 The term sub-handler means any handler, such as a peddler, vendor, sub-dealer, or secondary dealer, who purchases in a previously packaged and processed form milk, cream, or milk by products for delivery.
4 The term industrial user means a person, as determined by the market agent, in the capacity of a manufacturer of products using as an ingredient therein milk, cream, or milk byproducts, which products are disposed of for resale to consumers off the premises where made.
5 The term base means the total pounds of milk solids delivered by a handler within the sales area during the base period i in the form of milk, or ii in the form of cream and milk by products, minus the milk solids in quotaexempt deliveries of milk, and cream and milk byproducts, as described in j hereof. For the purpose of this order, the milk solids content of milk, milk byproducts, and cream shall be computed as follows: Each hundredweight of milk, cream, or milk byproducts other than cottage, pot, or bakers cheese, shall be considered the equivalent of 9.375 pounds of milk solids plus the number of pounds of milk solids calculated by multiplying the pounds of butterfat in such milk, and cream and milk byproducts by .906;
and each hundredweight of cottage, pot, or bakers cheese shall be considered the equivalent of 62.5 pounds of milk solids plus one pound of milk solids for each one percent of butterfat content of such cheese.
b Milk sales area. The following area is hereby designated as a milk sales area to be known as the Chattanooga, Tennessee, metropolitan milk sales area, and is referred to hereinafter as the sales area;
The city of Chattanooga and the civil districts 1, 2, 3, and 4 in Hamilton County, Tennessee; and the militia dis tricts of Creek in Dade County, Ninth in Catoosa County, and Lookout Moun tain, Lisbon, Rossville, and Chickamauga in Walker County, Georgia.
c Base period. The calendar month of June 1943 is hereby designated as the base period for the sales area: Provided, That the month of May> may be used as the base period for computing base and quota for deliveries to elementary, junior high, and high schools; and Provided fur ther, That in the computations set forth in. e hereof the total deliveries to ele mentary,. junior high, and high schools in the base period shall be divided by the number of days such schools were in ses sion in lieu of the total number of days in the base period as set forth in e 1
and the average daily deliveries so de termined shall be multiplied by the num ber of days such schools are in session In each quota period in lieu of the num
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ber of days in the quota period as set forth in e 2.
d Quota period. Each calendar month, beginning with the effective date of this order, is hereby designated as a quota period for the sales area.
e Handler quotas. Quotas for each handler other than a sub-handler or producer-handler shall be determined as follows:
1 Divide his respective bases by the number of days in the base period;
2 Multiply the foregoing result by the number of days in the quota period;
and 3 Multiply the aforesaid - resulting amounts by 100 percent in the case of the base for milk, and 75 percent in the case of the base for cream and milk byproducts.
f Quotas for handlers who are also producers. Quotas for each handler who is also a producer and who purchases no milk shall be computed in accordance with e hereof, except:
1 His base period shall be either June or December, whichever represents his larger total deliveries; and 2 The applicable percentages shall be 100 percent in lieu of those specified in e <3.x g Quota and adjustments. Each handler may increase his quota for milk within any quota period by one pound of milk solids for each one pound of milk solids he reduces his quota for cream and milk byproducts.
h Cream deliveries. The units of cream delivered subject to quota in any quota period shall not exceed 100 percent of the units of cream in. his base, irre spective of the milk solids content of such deliveries.
i Handler exemptions.
Quotas shall not apply to any handler who deliv ers in a quota period a daily average of less than 200 units of milk, cream, and milk byproducts. For the purpose of this order, a unit shall be the equivalent in volume of the following: 1 One quart of milk, buttermilk, or fluid milk byproducts; 2 one-half pint of cream;
and 3 one-half pound of cottage, pot, or bakers cheese.
j Quota exclusions and exemptions.
Deliveries of milk, milk byproducts, or cream 1 to other handlers, except for such deliveries to sub-handlers, 2 to plants engaged in the handling or proc essing of milk, milk byproducts, cream or other dairy products from which no milk, milk byproducts, or cream, is deliv ered in the sales area, 3 to industrial users, and 4 to the agencies or groups specified in d of FDO 79, shall be ex cluded from the computation of deliv eries in the base period and exempt from charges to quotas.
k Transfers of bases. The market agent is empowered to transfer base from one handler to another:
l Upon receipt of a request in writ ing from both handlers; and 2
Upon application from a handler and written notice to the Director and to both handlers, i to permit deliveries to a purchaser not being served by a handler whose quota reflects deliveries to such purchaser in the base period, ii to permit a handler to serve an account