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PROPOSED RULE MAKING

4920

Order? Amending the Order, as Amend ed, Regulating the Handling of Milk in the Columbus, Ohio, Marketing Area Sec.
974.0

F in d in g s and d eterm in ation s.

974.1
974.2
974.3
974.4
974.5
974.6
974.7
974.8
974.9
974.10
974.11

Act.
Secretary.
C olum bus, O hio, m ark etin g area.
Person.
F lu id m ilk p la n t.
H andler.
Producer.
Producer m ilk.
O ther source m ilk.
D ep artm ent o f Agriculture.
R oute.

974.20
974.21
974.22

D esignation .
Powers.
D u tis.

DEFINITIONS

MARKET ADMINISTRATOR

REPORTS, RECORDS AND FACILITIES

974.30
974.31
974.32
974.33

R eports of receip ts an d u tiliza tio n .
O ther reports.
Records and fa cilities.
R eten tio n of records.

974.40

Skim m ilk and b u tterfa t to be classi fied.
Classes of u tiliza tio n .
R esp o n sib ility of han d lers an d re classification o f m ilk.
Transfers.
C lassification o f skim m ilk and b u t terfa t for each handler.
C lassification of sk im m ilk and b u t terfat in producer m ilk for each handler.

c l a s s if ic a t io n
974.41
974.42
974.43
974.44
974.45

M INIM U M PRICES

974.50
974.51
974.52
974.53
974.54

B asic form u la prices.
Class I m ilk prices.
Class II m ilk prices.
Class III m ilk prices.
Prices of Class I m ilk and Class II
m ilk disposed of ou tsid e th e m ar k etin g area.
DETERMINATION OF UNIFORM PRICE

974.60
974.61
974.62
974.63

C om p utation o f valu e of m ilk for each handler.
L ocation a d ju stm en t to handlers.
N o tification of handlers.
C om putation of u n iform price.
PAYMENTS

974.70
974.71
974.72
974:73
974.74
974.75
974.76
974.77
974.78
974.79

T im e and m eth od of paym ent.
L ocation a d ju stm en t to producers.
P ro d u cer-settlem en t fu n d .
P aym en ts to th e p rod u cer-settlem en t fu n d .
P aym en ts o u t of th e p rod u cer-set tlem en t fun d .
A d justm en t of errors.
B u tterfa t differential.
Expense o f A dm inistration.
M arketing services.
Cooperative A ssociations.

EFFECTIVE TIME; SUSPENSION AND TERMINATION

974.80
974.81
974.82

Effective tim e.
S u sp en sion or term in ation .
C on tin u in g power and d u ty of th e m arket adm inistrator.

974.90
974.91

A gents.
Producer-handlers.

MISCELLANEOUS PROVISIONS

1 T h is order sh a ll n o t becom e effective u n
less an d u n til th e req u irem en ts of 900.14
o f th e ru les of practice and procedure gov ern in g proceedings to form u late m arketing agreem en ts and m arketing orders have b een m et.

cultural Marketing Agreement Act of 1937, as amended 7 U. S. C. 601 et seq..
974.2 Secretary. Secretary means A u t h o r i t y : 974.0 to 974.93 issu ed u nder the Secretary of Agriculture of the sec. 5, 49 S tat. 758 as am ended; 7 . S. C. and United States or any other employee of Sup. 608c.
the United States who is, or who may 974.0 Findings and determinations. hereafter be, authorized to exercise the The findings and determinations herein powers and to perform the duties of the after set forth are supplementary and said Secretary of Agriculture.
in addition to the findings and deter 974.3 Columbus, Ohio, marketing minations previously made in connec tion with the issuance of the aforesaid area. Columbus, Ohio, marketing area, order and of each of the previously hereinafter called the marketing area, issued amendments thereto; and all of means the city of Columbus; the city of said previous findings and determina Bexley; and all territory, including but tions are hereby ratified and affirmed not being limited to all municipal cor except insofar as such findings and de porations, within the townships of Blenterminations may be in conflict with the don, Clinton, Franklin, Marion, Mifflin, findings and determinations set forth Perry, Sharon, and Truro; all in Franklin County, Ohio.
herein, a Findings upon the basis of the 974.4 Person. Person means any hearing record. Pursuant to the provi individual, partnership, corporation, as sions of the Agricultural Marketing sociation, or any other business unit.
Agreement Act of 1937, as amended 7
974.5 Fluid milk plant. Fluid milk U. S. C. 601 et seq. and the applicable means the premises and portions rules of practice and procedure, as plant the building and facilities used in the amended, governing the formulation of of and processing or packaging of marketing agreements and marketing receipt all or a portion of which is disposed orders 7 CFR Part 900 a public hearing milk from such plant during the month on was held at Columbus, Ohio, on January of a routes, or partially within the 19-20, 1950, upon certain proposed marketing wholly area, but not including any amendments to the tentative marketing portion of such buildings or facilities agreement and to the order, as amended, used for receiving or processing or regulating the handling of milk in the any milk product required by the milk appro Columbus, Ohio, marketing area. Upon priate health authorities in the market the basis of the evidence introduced at ing area to be kept physically separate such hearing and the record thereof, it is from the receiving and processing or found that:
of milk for disposition as Class 1 The said order, as amended and packaging I
milk in the marketing area.
as hereby further amended, and all of
974.6
Handler.
Handler means the terms and conditions thereof will tend to effectuate the declared policy of a any person who receives producer milk at a fluid milk plant and b any the act.
2 The parity prices of milk as deter association of producers with respect to mined pursuant to section 2 of the act any producer milk constituting a part are not reasonable in view of the price of the producer milk supply of a fluid of feeds, available supplies of feeds, and milk plant which such association diverts other economic conditions which affect on its account to a plant other than a market supply and demand for milk in fluid milk plant. Producer milk so di the said marketing area and the mini verted shall be deemed to have been re mum prices specified in the order, as ceived by such association.
amended, and as hereby further 974.7 Producer. Producer means amended, are such priqes as will reflect any person, including one who may also the aforesaid factors, insure a sufficient be a handler who produces a under a quantity of pure and wholesome milk, dairy farm permit issued by the appro and be in the public interest; and priate health authorities in the market 3 The said order, as amended, and ing area, milk which is received at a fluid as hereby further amended, regulates the milk plant or by an association of pro handling of milk in the same manner as ducers in its capacity as a handler, or b and is applicable only to persons in the milk which is received as a part of the respective classes of industrial and com dairy farm supply of a fluid milk plant mercial activity specified in a marketing not required by the appropriate health agreement upon which a hearing has authorities in the marketing area to been held.
obtain its dairy farm supply from milk produced under dairy farm permits.
ORDER RELATIVE TO HANDLING
974.8 Producer milk. Producer It is therefore ordered, That on and after the effective date hereof, the han milk means any milk produced by one dling of milk in the Columbus, Ohio, or more producers under the conditions marketing area shall be in conformity to set forth in 974.7.
and in compliance with the terms and 974.9 Other source milk. Other conditions of the aforesaid order, as milk means a milk, b skim amended, and as hereby further source c cream, or d any milk product amended; and the aforesaid order, as milk, amended, is hereby further amended as received at a fluid milk plant from sources other than producers or other follows:
handlers. Other source milk shall in DEFINITIONS
clude, but shall not be limited to, milk, 974.1 Act. Act means Public Act skim milk, cream, or any milk product No. 10, 73d Congress, as amended and received at such fluid milk plant under as reenacted and amended by the Agri an emergency permit in writing issued
Sec.
974.92
974.93

S eparability of p rovisions.
T erm in ation of ob ligation s.