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T h u r s d a y , D e c e m b e r 1, 1949

FEDERAL REGISTER

handler during any of the preceding 3 Pool plant means any receiving months of October through February.
plant, which in a given month, meets 5 "Producer means any dairy farm the Conditions and requirements set forth in 996.4 for being considered a er whose milk is delivered from his farm pool plant in that month.
to a pool plant, except a dairy farmer for 4 Regulated plant means any pool other markets. The term shall also in plant; any pool handlers plant which is clude a dairy farmer who ordinarily de located in the marketing area and from livers to a handlers pool plant, but whose milk is diverted to a nonpool plant, if the which Class I milk is disposed of in the marketing area; any plant operated by handler, in filing his monthly report pur a handler in his capacity as a buyersuant to 996.6 a , reports the milk as handler or producer-handler; and any receipts from a producer at such pool city plant operated by an association of plant and as moved to the other plant.
producers.
6 "Association of producers means 5 Federal order plant means any any cooperative marketing association plant at which the milk received from which the Secretary determines to be dairy farmers is subject during the qualified pursuant to the provisions of month to the minimum pricing provi the act of Congress of February 18, 1922, known as the Capper-Volstead Act , sions of another order of the Secretary regulating the handling o f milk.
and to be engaged in making collective 6 City plant means any plant sales or marketing of milk or its prod which is located within 0 miles of the ucts for the producers thereof.
marketing area.
7 Handler means any person who 7 Country plant means any plant in a given month operates a pool plant which is located beyond 10 miles of the or engages in the handling of milk or marketing area.
other fluid milk products which are re d M ilk and milk products. 1
ceived at any plants from which fluid Milk means the commodity received milk products are disposed of, directly from a dairy farmer at a plant as cows or indirectly, in the marketing area.
milk. The term also includes milk so re 8 Pool handler means any han ceived which later has its butterfat con dler who receives milk from producers tent adjusted to at least one-half of 1
at a pool plant.
percent but less than 16 percent, frozen 9 Producer-handler means any milk,- and reconstituted milk.
person who is both a handler and a dairy 2 Cream means that portion of farmer, and who receives no milk from milk, containing not less than 16 per other dairy farmers except producercent of butterfat, which rises to the sur handlers.
face of milk on standing, or is separated 10 Buyer-handler means any from it by centrifugal force, in all forms handler who operates a bottling or proc including sweet, sour, frozen, and aerated essing plant from which Class I milk is cream, and milk and cream mixtures.
disposed of in the marketing area, and 3 Skim milk means that fluid whose entire supply of fluid milk prod product of milk which remains after the ucts is received from other handlers.
removal of cream, and which contains 11 Dealer means any person who less than one-half of 1 percent of butter engages in the business of distributing fat.
fluid milk products, or manufacturing 4 Fluid milk products means milk, milk products, whether or not he dis flavored milk, cream, skim milk, flavored poses of any fluid milk products in the skim milk, cultured skim milk, and but marketing area.
termilk, either individually or collec 12 Consumer means any person to tively.
whom fluid milk products are disposed 5 Pool milk means milk, including of, except a dealer. The term consum milk products derived therefrom, which er includes, but is not limited to, stores, a handler has received as milk from restaurants, hotels, bakeries, hospitals producers.
and other institutions, candy manu 6 Outside milk means:
facturers, soup manufacturers, live i All milk received from dairy farm stock farmers, and similar persons who ers for other markets.
are not necessarily the ultimate users.
ii All nonpool milk received in the The term also includes any dealer in his form of fluid milk products, other than capacity as the operator of any of these cream, at a regulated plant from an un establishments, and in connection with regulated plant; except receipts from any other use or disposition of fluid milk New York, Boston, or Worcester order products not directly related to his oper pool plants and net receipts from the un ations as a dealer.
c Plants. 1 Plant means the regulated plant of a dairy farmer who is also a dealer, after subtracting his re land, buildings, surroundings, facilities ceipts from sources other than his own and equipment, whether owned or oper production from his deliveries to the ated by one or more persons, constituting regulated plant.
a single operating unit or establishment iii All Class I milk, after subtracting for the receiving, handling, or processing receipts of Class I milk from regulated of milk or milk products.
2 Receiving plant means any plant plants, which is disposed of to consumers in the marketing area from an unregu currently used for receiving, weighing or lated plant except a Worcester pool plant measuring, sampling, and cooling milk without its intermediate movement to received there directly from dairy farm another plant.
ers farms and for washing and sterilizing the milk cans in which such milk is re 996.2 Market administrator a ceived, and at which are currently main Designation. The agency for the admin tained weight sheets or other records of istration of this order shall be a market dairy farmers deliveries.
administrator who shall be a person se
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lected by the Secretary. Such person shall be entitled to such compensation as may be determined by, and shall be subject to removal at the discretion of, the Secretary.
b Powers. The market administra tor shall have the following powers with respect to this order;
1 To administer its terms and pro visions;
2 T o make rules and regulations to effectuate its terms and provisions;
3 To receive, investigate, and report to the Secretary complaints of violations of its terms and provisions; and 4 To recommend to the Secretary amendments to it.
c Duties. The market administra tor, in addition to the duties described in other sections of this order, shall:
1 Within 45 days following the date upon which he enters upon his duties, execute and deliver to the Secretary a bond conditioned upon the faithful per formance of his duties, in an amount and with sureties thereon satisfactory to the Secretary;
2 Pay, out of the funds provided by 996.11, the cost of his bond, his own compensation, and all other expenses necessarily incurred in the maintenance and functioning of his office;
3 Keep such books and records as will clearly reflect the. transactions pro vided for in this order and surrender the same to his successor, or to such other person as the Secretary may designate;
4 Unless otherwise directed by the Secretary, publicly disclose, within 30
days after such nonperformance becomes known to the market administrator, the name of any person who, within 2 days after the date on which he is required to perform such acts, has not:
i Made reports pursuant to 996.6 or ii Made payments pursuant to 996.9.
5 Prepare and disseminate for the benefit of producers, consumers, and handlers, statistics and information con cerning the operation of this order;
6 Promptly verify the information contained in the reports submitted by handlers; and 7 Give each of the producers deliv ering to a plant as reported by the han dler prompt written notice of their actual or potential loss of producer status, for the first month in which the plants status has changed or is changing to that of a nonpool plant.
996.3 Classification of milk and milk products a Classes of utiliza tion. All milk and milk products re ceived by a handler shall be classified as Class I milk or Class I I milk. Subject to the other paragraphs of this section, the classes of utilization shall be as follows:
1 Class I milk shall be all fluid milk products the utilization of which is not established as Class I I milk.
2 Class I I milk shall be all fluid milk products the utilization of which is estab lished:
i As being sold, distributed, or dis posed of other than as or in milk; and other than as or in flavored milk or fla vored skim milk, buttermilk, or cultured skim milk, for human consumption; and