Federal Register - December 1, 1949
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Source: Federal Register
7220
RULES AND REGULATIONS
ii As plant shrinkage, not in excess 1
A majority of the dairy farmers signed to Class I milk pursuant to para of 2 percent of the volume handled.
delivering milk to the plant hold certifi graph c of this section.
b Interplant movements of fluid cates of registration issued pursuant to 2 Receipts of fluid milk products, Chapter 94, section 16C and 16G, of the milk products other than cream. Fluid other than cream, from the regulated Massachusetts General Laws.
milk products, except cream, moved to city plants of other handlers, except re 2 The handler operating the plant another plant from a pool plant or from ceipts of skim milk from producer-
hold a license which has been issued the city plant of an association of pro handlers.
by the milk inspector of a city or town ducers shall be classified as follows:
3 Receipts of milk directly from pro in the marketing area, pursuant to Chap 1 I f moved to another pool plant, ducers at the handlers city plant.
ter 94, section 40, of the Massachusetts they shall be classified in the class to 4 Receipts of outside milk at the General Laws, or a majority of the dairy which they are assigned at the plant of handlers city plant.
farmers delivering milk to the plant are 5 Receipt of fluid milk products, receipt pursuant to 996.5.
approved by such an inspector as sources other than cream, from the country 2 I f moved to a buyer-handlers of supply for sale in his municipality.
pool plants of other handlers, in the plant, they shall be classified as Class I
3 The plant is operated neither as order of the nearness of the plants to milk, unless Class I I utilization is estab the plant of a producer-handler, nor as Springfield.
lished.
a pool plant pursuant to the provisions 6 Receipts of milk from producers 3 I f moved to a producer-handlers o f the Boston, New York or Worcester at the handlers country plants which plant, or to any unregulated plant except orders.
was shipped as fluid milk products other a plant subject to the New York, Boston, b City pool plants. Each city plant than cream, in the order of the nearness Lowell-Lawrence, or Worcester orders, shall be a pool plant in each month in of the plants to Springfield.
they shall be classified as Class I milk which at least 10 percent of its total 7 Receipts of outside milk at the up to the total quantity of the same form receipts of fluid milk products other than handlers country plants, in the order of of fluid milk products utilized as Class cream is disposed of in the marketing the nearness of the plants to Springfield.
I milk at the plant to which they were area as Class I milk or in which it is 8 Receipts of skim milk from pro moved.
operated by an association of producers.
ducer-handlers.
4 I f moved to a plant subject to the c Country pool plants. 1 Each 9 Receipts of cream and of milk New York, Boston, Lowell-Lawrence, or country plant shall be a pool plant in any products other than fluid milk products.
Worcester orders, they shall be classified month in which more than 50 percent b Assignment of pool handlers re in the same class to which the receipt is of its total receipts of fluid milk prod ceipts to Class I I milk. Each pool han assigned under such order, except that if ucts, other than cream, is disposed of as dlers receipts of milk and milk products moved to a plant subject to the New York which are not assigned to Class I milk order they shall be classified as Class I -Class I milk directly to consumers in the marketing area or is shipped as milk to pursuant to paragraph a of this sec milk if classified in Classes I-A , I-B, or city plants under the Springfield or tion shall be assigned to Class I I milk.
I-C under the New York order, and shall Worcester orders at which more than c Receipts from plants subject to the be classified as Class I I milk if classified 50 percent of the total receipts of fluid New York, Boston, or Worcester orders.
in any class other than I-A , I-B, or I-C
milk products, other than cream, is dis 1 Receipts of fluid milk products, other under the New York order.
posed of as Class I milk, provided that then cream, from plants subject to the 5 I f moved to a regulated plant of a such disposition in the Springfield mar New York or Boston orders shall be as nonpool handler, except the city plant of ket by the country plant exceeds its dis signed to the class in which they are an association of producers, or to any un position in the Worcester market, and classified under the respective order, ex regulated plant except a plant subject to provided that during the months March the New York, Boston, Lowell-Lawrence, cept that if received from aplant sub through September the plant has not ject to the New York order such receipts or Worcester orders, they shall be classi been determined to be a Worcester pool shall be assigned to Class I milk if clas fied as Class I milk if retransferred to plant pursuant to 999.4 c 2 of the sified in Classes IA or I-B under the either of these types of regulated or un Worcester order.
regulated plants.
New York order, and shall be assigned to Class I I milk if classified in any class c Interplant movements of cream, 2 Any country plant which is a pool other than I-A or I-B.
and of milk products other than fluid plant continuously from the effective milk products. Cream and milk prod date of this order through February 1950
2
Receipts of fluid milk products, ucts other than fluid milk products moved ahd any country plant which thereafter other than cream, from plants subject from the regulated plant o f a pool han is a pool plant continuously in each of to the Worcester order shall be assigned dler to .another plant shall be classified the months from October through Feb to Class I milk, unless the operator of as Class I I milk.
ruary shall be a pool plant continuously the shipping plant and of the regulated d Responsibility of handlers in es for the following months of March plant file a joint written request to th e tablishing the classification of milk. 1
through September, regardless of the market administrator, for assignment to In establishing the classification of any quantity then disposed of in the market Class I I milk of the fluid milk products milk received by a handler from produc ing area, if the handlers written request so received. In such event, the fluid milk ers, the burden rests upon the handler for pool plant status for such seven products shall be assigned to Class I I milk who receives the milk from producers to months period is received by the market up to the total Class I I uses of fluid milk account for the milk and to prove that administrator before March 1 of that products other than cream at the regu such milk should not be classified as Class year. Changes in the identity of the lated plant after deducting its receipts I milk.
handler operating the plant shall not a f of outside milk.
2
In establishing the classification fect the application of this subparagraph.
996.6. Reports of handlers a of any pool milk received in the form 3 The Brattleboro, Vermont plant of Monthly reports of pool handlers. On or of cream or milk products other than H. P. Hood and Sons, Inc. shall be a pool before the 8th day after the end of each fluid milk products, or any nonpool milk plant in each of the months through Sep month each pool handler shall, with or milk products received by a handler, tember 1950 in which milk is shipped respect to the milk products received the burden rests upon the receiving from the plant to the marketing area.
by the handler during the month, report handler to account for such milk and 996.5 Assignment of receipts to Class to the market administrator in the detail milk products and to prove that sUch I milk and Class I I milk a Assign and form prescribed by the market ad milk and milk products should not be ment of pool handlers receipts to Class ministrator, as follows:
classified as Class I milk.
t I milk. For the purpose of computing 1 The receipts of milk at each pool 996.4 Determination of pool plant the net quantity of each pool handlers plant from producers, including the status a Basic requirements for pool Class I milk for which a value is to be quantity, if any, received from his own plant status. Each receiving plant shall computed pursuant to 996.8 a , his re production;
be a pool plant during each month in ceipts of milk and milk products shall be 2 The receipts of fluid milk products assigned to Class I milk in the following which it meets the applicable require at each plant from any other handler sequence:
ments contained in other paragraphs of assigned to classes pursuant to 996.5;
this section, together with the following 1
Receipts from New York, Boston, 3 The receipts of outside milk at basic requirements:
or Worcester order plants which are as each plant; and