Federal Register - December 1, 1949
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Source: Federal Register
7218
Sec.
996.7
996.8
RULES AND REGULATIONS
decision regarding the proposed market agreement tends to prevent the effectua tion of the declared policy of the act;
ing agreement and the proposed order 2 The issuance of this order is the regulating the handling of milk in the only practical means, pursuant to the de Springfield, Massachusetts, marketing 996.9
clared policy of the act, of advancing area, that the purchasing power of such 996.10
the interests of producers of milk which milk during the prewar period August 996.11
is produced for sale in the said marketing 996.12
1909-July 1914 cannot be satisfactorily area; and determined from available statistics of 996.13
3 The issuance of this ordr is ap the Department of Agriculture, but the 996.14
proved or favored by at least two-thirds purchasing power of such milk for the of the producers who participated in a A u t h o r i t y : 996.1 to 996.14 issued under period August 1919-July 1929 can be sec. 5, 49 Stat. 753, as amended; 7 U. S. C. and referendum on the question of approval satisfactorily determined from available Sup. 608c.
of this order, and who during the deter statistics of the Department of Agricul mined representative period October ture, and the period August 1919-July Findings and determinations a 1949 were engaged in the production of 1929 is the base period to be used in con Findings upon the basis of the hearing milk for sale in the said marketing area.
nection with the said marketing agree record. Pursuant to the Agricultural Order relative to handling. It is ment and said order in determining the Marketing Agreement Act of 1937, as hereby ordered that, on and after the purchasing power of such milk.
amended 7 U. S. C. 601 et seq. here 2
Effective date. It is necessary, in effective date hereof the handling of inafter referred to as the act , and milk in the Springfield, Massachusetts, the public interest, to make the several the applicable rules of practice and marketing area shall be in conformity provisions of this order effective as here procedure governing the formulation of to and in compliance with the terms and inafter set forth. Any further delay in marketing agreements and marketing or conditions of the order as follows:
the effective dates of the order will seri ders 7 CFR, Part 900, a public hearing ously threaten the orderly marketing and was held upon a proposed marketing 996.1 Definitions. The following supply of milk in the Springfield, Massa agreement and a proposed order regulat words and phrases shall have the follow chusetts, marketing area.
The need for ing the handling of milk in the Springing meanings unless the context requires the order is also disclosed by the decision field, Massachusetts, marketing area.
otherwise.
14 F. R. 7085 which was executed on Upon the basis of evidence introduced at a
General. 1 Act means Public November 18, 1949. The provisions of such hearing and the record thereof, it is Act No. 10, 73d Congress, as amended, the order are well known to handlers found tht:
and as reenacted and amended by the since the public hearing was held on 1 The said order, and all of the Agricultural Marketing Agreement Act July 11-14,1949. The recommended de terms and conditions thereof, will tend of 1937, as amended 7 U. S. C. 601 et cision was published in the F ederal R eg
to effectuate the declared policy of the seq..
is t e r 14 F. R. 5999 on October 1, 1949, act.
2
Springfield, Massachusetts/marand the final decision 14
F.
R.
7085
2 The prices calculated to give milk keting area , also referred to as the was executed by the Secretary on No produced for sale in said marketing area marketing area , means the territory vember 18, 1949. In view of the fact a purchasing power equivalent to the included within the boundary lines of the that this order will constitute the original purchasing power of such milk as de following Massachusetts cities and imposition of a regulatory program of termined pursuant to sections 2 and 8 e towns:
this nature for the market, the provi of the act are not reasonable in view of Northampton.
Agawam.
sions of such order other than those the price of feeds, available supplies of South Hadley.
Chicopee.
relating to prices and payments to pro feeds, and other economic conditions Easthampton.
Springfield.
ducers should be put into effect for a which affect the market supply of and Westfield.
East Longmeadow.
Holyoke.
sufficient time prior to the effective date demand for such milk, and the minimum West Springfield.
Wilbraham.
Longmeadow.
of the provisions relating to prices and prices specified in the order are such Ludlow.
payments to producers to enable han prices as will reflect the aforesaid fac tors, insure a sufficient quantity of pure dlers to make necessary adjustments in 3 Order , used with the name of a and wholésome milk, and be4n the public their accounting and other operational marketing area other than the Springprocedures to conform with all provisions interest;
field, Massachusetts, marketing area, 3 The said order regulates the han of the order. Therefore, reasonable means the order issued by the Secretary dling of milk in the same manner as and times are permitted, under the circum regulating the handling of milk in the is applicable only to persons in the re stances, for preparation for the effective other marketing area.
spective classes of industrial and com dates specified below. It is hereby found 4 Month means a calendar month.
mercial activity specified in a marketing and determined in view of the afore b Persons. 1 Person means any agreement upon which a hearing has mentioned facts and circumstances that individual, partnership, corporation, as been held; and good cause exists for making 996.1, sociation, or any other business unit.
4 All milk and milk products, han 996.2, 996.3, 996.4, 996.5, 996.6, 996.11, 2 Secretary means the Secretary of dled by handlers, as defined herein, are in 996.12, 996.13 and 966.14 of this order ef Agriculture of the United States or any the current of interstate commerce or di fective on December 1,1949, and 996.7, officer or employee of the United States rectly burden, obstruct, or affect inter 996.8, 996.9 and 996.10 effective on Jan who is, or who may.hereafter be, author state commerce inmilk or its products.
uary 1, 1950; and that it would be con ized to exercise the powers and perform 5 It is Hereby found that the neces trary to the public interest to delay such the duties of the Secretary of Agricul sary expenses of the market administra effective dates to dates later than those ture.
tor for the maintenance and functioning specified.
3 Dairy farmer means any person of such agency will require the payment c Determinations. It is hereby de who delivers milk of his own production by each handler, as his pro rata share of termined that handlers excluding co to a plant, except a producer-handler such expenses, of 4 cents per hundred operative associations of producers who with respect to his deliveries in packaged weight or such lesser amount as the Sec are not engaged in processing, distrib form to another handler.
retary may prescribe, with respect to all uting, or shipping milk covered by this 4 Dairy farmer for other markets receipts of milk from producers includ means any dairy farmer whose milk is order of more than 50 percent of the ing such handlers own production and received by a handler at a pool plant dur volume of milk covered by this order, receipts of outside milk during the month, ing the months of March through Sep which is marketed within the Springfield, and providing that the rate of payment tember from a farm from which the Massachusetts, marketing area refused or on receipts from other Federal order handler, an affiliate of the handler, or failed to sign the proposed marketing plants shall be 4 cents per hundredweight any person who controls or is controlled agreement regulating the handling of less the applicable assessment rate under by the handler, received nonpool milk in milk in the said marketing area;
and it the other order.
more than 3 days in any one of the pre b Additional findings 1 Base pe is hereby further determined that:
ceding months of October through 1
The refusal or failure of such February, except that the term shall not riod. It is hereby found and proclaimed in connection with the issuance of this handlers to sign said proposed marketing include any person who was a producerMinimum class prices.
Minimum blended prices to producers.
Payments for milk.
Marketing services.
Expense of administration.
Effective time, suspension, and terminatlon.
Agents.
Termination of obligations.