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Friday, January 3, 1958

FEDERAL REGISTER

45

Chapter IXAgricultural Marketing Service Marketing Agreements and Pag Orders, Department of Agriculture
CODIFICATION GUIDE Con.
Title 43

Chapter I:
Appendix Public land orders:
82 see PLO 1571 ________
109 see PLO 1573________
1571 __ _______- ____ 1___
1572 ________ _________ _
1573 ___________ _____ _

54
55
54
55
55

of Frozen Strawberries 52.198152.1993.
After consideration of all relevant matters presented, including the pro posals in the aforesaid notice, the fol lowing amendments to said standards are hereby promulgated pursuant to the authority contained in the Agricultural Marketing Act of 1946 60 Stat. 1087 et seq., as amended; 7 U. S. C. 1621 et seq.
which amendments provide for changes in the allowance for defects permitted in the Grade C classification.
1. In 52.1988, paragraph d, change subparagraph 1 to read:
1 Whole. A trace of grit, sand or silt may be present th at does not ma terially affect the appearance or eating quality of the product, and for each 16
ounces of net weight there may be pres ent an area of not more than % square inch comprising harmless extraneous material such as leaves and portions thereof, caps and portions thereof, and loose sepal-like bracts and portions thereof; pot more than six stems, in cluding not more than one stem which may exceed % inch in length, or two small pieces of harmless extraneous ma terial th at is not measurable by area such as weeds, weed seeds, and blades of grass; and there may be present not more than a total of 12 percent, by weight, that are damaged strawberries.
2. In 52.1988, paragraph d , change subparagraph 2 to read:
2 Sliced. A trace of grit, sand, or silt may be present that does not ma terially affect the apearance or eating quality of the product, and for each 16
ounces of net weight there may be pres ent an area of not more than % square inch comprising harmless extraneous material such as leaves and portions thereof, caps and portions thereof, and loose sepal-like bracts and portions thereof; not more than six stems, in cluding not more than one stem which may exceed % inch in length, or two small pieces of harmless extraneous ma terial that is not measurable by area such as weeds, weed seeds, and blades of grass; and there may be present not more than a total of 6 percent, by weight, that are damaged strawberries.
Dated this 27th day of December 1957, to become effective on February 1 , 1958.
Sec. 205, 60 Stat. 1090, as amended: 7
US. C. 1624
seal
F rank E. B lood,
Deputy Administrator, Marketing Services.
IF. R. Doc. 58-39; Filed, Jan. 2, 1958;
8:52 a. m.

Sec.
965.83 Liquidation after suspension or ter mination.
MISCELLANEOUS PROVISIONS

P art 965 M ilk in Cincinnati , O hio , M arketing A rea
965.90 Agents.
965.91 Separability of provisions.
ORDER AMENDING THE ORDER REGULATING 965.92 Plants subject to other Federal or ders.
THE HANDLING OF MILK IN THE CINCINA u t h o r i t y : 965.0 to 965.92 issued under NATIOHIO, MARKETING AREA
sec. 5, 49 Stat. 753, as amended; 7 U. S. C.
Sec.
608c.
965.0 Findings and determinations.
965.1
965.2
965.3
965.4
965.5
965.6
965.7
965.8
965.9
965.10
965.11
965.12
965.13
965.14
965.15
965.16

DEFINITIONS

Act.
Secretary.
Cincinnati, Ohio, marketing area.
Person.
Route.
Fluid milk plant.
Pool plant..
Nonpool plant.
Dairy farmer.
Producer.
Handler.
Producer milk.
Producer-handler.
Other source milk.
Fluid milk product.
Chicago butter price.
m a r k e t a d m in is t r a t o r
065.20 Designation.
965.21 Powers.
965.22 Duties.
REPORTS, RECORDS, AND FACILITIES

965.30 Monthly reports of receipts utilization.
965.31 Other reports.
965.32 Verification of handler reports.
965.33 Records and facilities.
965.34 Retention of records.

and
CLASSIFICATION

965.40
965.41
965.42
965.43
965.44
965.45

Basis of classification.
Classes of utilization.
Shrinkage.
Transfers.
Responsibility of handlers.
Computation of skim milk and butterfat in each class.
965.46 Allocation of skim milk and butterfat classified.
MINIMUM PRICES

965.50
965.51
965.52
965.53
965.54

Basic formula price.
Class prices.
Butterfat differentials to handlers.
Location differential to handlers.
Use of equivalent prices.
COMPUTATION OF UNIFORM FRICK

965.60 Net obligation of each handler.
965.61 Computation of obligation to the pro ducer-settlement fund for handlers operating a fluid milk plant which is not a pool plant.
965.62 Correction of errors.
965.63 Computation of uniform prices;
PAYMENTS FOR MTT.TC

965.70 Payments taproducers.
965.71 Producer-settlement fund.
965.72 Payments to producer-settlement fund.
-;V965.73 Payments from producer-settlement fund.
965.74 Butterfat differential to producers.
965.75 Location differentials to producers.
965.76 Expense of administration.
965.77 Marketing services, 965.78 Termination of obligation.
EFFECTIVE TIME, SUSPENSION OR
TERMINATION

965.80 Effective time.
965.81 Suspension or termination.
965.82 Continuing power and duty of the market administrator.

9 6 5 . Findings and determinations.
The findings and determinations herein after set forth are supplementary and in addition to the findings and determi nations previously made in connection with the issuance of the aforesaid order and of the previously issued amendments thereto; and all of said previous findings and determinations are hereby ratified and affirmed, except insofar as such find ings and determinations may be in con flict with the findings and determina tions set forth herein.
a Findings upon the basis of the hearing record. Pursuant to the provi sions of the Agricultural Marketing Agreement Act of 1937, as amended 7
U. S. C. 601 et seq. ,- and the applicable rules of practice and procedure govern ing the formulation of marketing agree ments and marketing orders 7 CFR
P art 900, a public hearing was held upon certain proposed amendments to the tentative marketing agreement and to the order regulating the handling of milk in the Cincinnati, Ohio, marketing area. Upon the basis of the evidence introduced at such hearing and the rec ord thereof, it is found that:
1 The said order as hereby amended, and all of the terms and conditions thereof, will tend to effectuate the de clared policy of the act;
2 The parity prices ormilk, as deter mined pursuant to section 2 of the act, are not reasonable in view of the price of feeds, available supplies of feeds, and other economic conditions which affect market supply and demand for milk in the said marketing area, and the mini mum prices specified in the order as hereby amended are such prices as will rfiect the aforesaid factors, insure a sufficient quantity of pure and whole some milk, and be in the public interest;
3 The said order as hereby amended, regulates the handling of milk in the same manner as, and is applicable only to persons in the respective classes of in dustrial or commercial activity specified in, a marketing agreement upon which a hearing has been held.
b Additional findings. I t is neces sary in the public interest to make this order amending the order effective January 1, 1958.
The provisions of the said order, are known to handlers. The recommended decision of the Deputy Administrator of the Agricultural Marketing Service was issued November 27, 1957 and the deci sion of the Acting Secretary containing alTamendment provisions of this order in essentially the same form as con tained in the recommended decision was Issued December 27, 1957. The changes effected by this order will not require extensive preparation or substantial al-