[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2000 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
7
Parts 1000 to 1199
Milk Orders
Revised as of January 1, 2000
Agriculture
Containing a Codification of documents of general
applicability and future effect
As of January 1, 2000
With Ancillaries
Published by:
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2000
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 7:
Subtitle B--Regulations of the Department of Agriculture--
Continued:
Chapter X--Agricultural Marketing Service (Marketing
Agreements and Orders; Milk), Department of
Agriculture......................................... 5
Finding Aids:
Table of CFR Titles and Chapters........................ 271
Alphabetical List of Agencies Appearing in the CFR...... 289
List of CFR Sections Affected........................... 299
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 7 CFR 1000.1 refers
to title 7, part 1000,
section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
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parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
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1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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The Federal Register Index is issued monthly in cumulative form.
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the revision dates of the 50 CFR titles.
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There are no restrictions on the republication of material appearing
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[[Page vii]]
The Office of the Federal Register also offers a free service on the
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Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 2000.
[[Page ix]]
THIS TITLE
Title 7--Agriculture is composed of fifteen volumes. The parts in
these volumes are arranged in the following order: parts 1-26, 27-52,
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end.
The contents of these volumes represent all current regulations codified
under this title of the CFR as of January 1, 2000.
The Food and Nutrition Service current regulations in the volume
containing parts 210-299, include the Child Nutrition Programs and the
Food Stamp Program. The regulations of the Federal Crop Insurance
Corporation are found in the volume containing parts 400-699.
All marketing agreements and orders for fruits, vegetables and nuts
appear in the one volume containing parts 900-999. All marketing
agreements and orders for milk appear in the volume containing parts
1000-1199. Part 900--General Regulations is carried as a note in the
volume containing parts 1000-1199, as a convenience to the user.
Redesignation tables appear in the Finding Aids section of the
volumes containing parts 210-299 and parts 1600-1899.
For this volume, Shelley C. Featherson was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 7--AGRICULTURE
(This book contains parts 1000 to 1199)
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Part
SUBTITLE B--Regulations of the Department of Agriculture--
Continued:
Chapter X--Agricultural Marketing Service (Marketing
Agreements and Orders; Milk), Department of Agriculture..... 1000
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Subtitle B--Regulations of the Department of Agriculture (Continued)
[[Page 4]]
[GRAPHIC] [TIFF OMITTED] TC18SE91.000
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CHAPTER X--AGRICULTURAL MARKETING SERVICE
(Marketing Agreements and Orders; Milk)
DEPARTMENT OF AGRICULTURE
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Part Page
900 General regulations [Note].................. 7
1000 General provisions of Federal milk marketing
orders.................................. 37
1001 Milk in the Northeast marketing area........ 121
1002-1004 [Reserved]
1005 Milk in the Appalachian marketing area...... 132
1006 Milk in Florida marketing area.............. 144
1007 Milk in the Southeast marketing area........ 153
1011 Milk in the Tennessee Valley marketing area. 164
1012-1013 [Reserved]
1030 Milk in the Upper Midwest marketing area.... 164
1032 Milk in the Central marketing area.......... 176
1033 Milk in the Mideast marketing area.......... 188
1036-1120 [Reserved]
1124 Milk in the Pacific Northwest marketing area 200
1125 [Reserved]
1126 Milk in the Southwest marketing area........ 212
1131 Milk in Arizona-Las Vegas marketing area.... 222
1132-1134 [Reserved]
1135 Milk in the Western marketing area.......... 232
1136-1139 [Reserved]
1150 Dairy promotion program..................... 243
1151-1159 [Reserved]
1160 Fluid milk promotion program................ 255
1161-1199 [Reserved]
NOTE
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7 CFR part 900, the general regulations with respect to marketing
agreements and orders, is herein set forth for convenience of users of
this volume.
PART 900--GENERAL REGULATIONS
Subpart--Rules of Practice and Procedure Governing Proceedings to
Formulate Marketing Agreements and Marketing Orders
Sec.
900.1 Words in the singular form.
900.2 Definitions.
900.3 Proposals.
900.4 Institution of proceeding.
900.5 Docket number.
900.6 Judges.
900.7 Motions and requests.
900.8 Conduct of the hearing.
900.9 Oral and written arguments.
900.10 Certification of the transcript.
900.11 Copies of the transcript.
900.12 Administrator's recommended decision.
900.13 Submission to Secretary.
900.13a Decision by Secretary.
900.14 Execution of and issuance of marketing agreements and marketing
orders.
900.15 Filing; extensions of time; effective date of filing; and
computation of time.
900.16 Ex Parte communications.
900.17 Additional documents to be filed with hearing clerk.
900.18 Hearing before Secretary.
Subpart--Rules of Practice Governing Proceedings on Petitions To Modify
or To Be Exempted From Marketing Orders
900.50 Words in the singular form.
900.51 Definitions.
900.52 Institution of proceeding.
900.52a Answer to petition.
900.52b Amended pleadings.
900.53 Withdrawal of petition.
900.54 Docket number.
900.55 Judges.
900.56 Consolidated hearings.
900.57 Intervention.
900.58 Prehearing conferences.
900.59 Motions and requests.
900.60 Oral hearings before judge.
900.61 Depositions.
900.62 Subpenas.
900.63 Fees and mileage.
900.64 The Administrative Law Judge's decision.
900.65 Appeals to Secretary: Transmittal of record.
900.66 Consideration of appeal by the Secretary and issuance of final
order.
900.67 [Reserved]
900.68 Applications for reopening hearings; for rehearings or
rearguments of proceedings; or for reconsideration of orders.
900.69 Filing; service; extensions of time; effective date of filing;
and computation of time.
900.70 Applications for interim relief.
900.71 Hearing before Secretary.
Subpart--Supplemental Rules of Practice for Marketing Orders, Marketing
Agreements, and Requirements Issued Pursuant to 7 U.S.C. 608b(b) and 7
U.S.C. 608e Covering Fruits, Vegetables, and Nuts
900.80 Words in the singular form.
900.81 Definitions.
900.82 Stipulation procedures.
Subpart--Procedure Governing Meetings To Arbitrate and Mediate Disputes
Relating to Sales of Milk or Its Products
900.100 Words in the singular form.
900.101 Definitions.
900.102 Filing of applications for mediation or arbitration.
900.103 Application for mediation.
900.104 Inquiry by the Administrator.
900.105 Notification.
900.106 Assignment of mediator.
900.107 Meetings.
900.108 Mediator's report.
900.109 Mediation agreement.
900.110 Application for arbitration.
900.111 Inquiry by the Administrator.
900.112 Notification.
900.113 Submission.
900.114 Designation of arbitrator.
900.115 Hearing.
900.116 Award.
900.117 Approval of award.
900.118 Costs.
Subpart--Miscellaneous Regulations
900.200 Definitions.
900.201 Investigation and disposition of alleged violations.
900.210 Disclosures of information.
900.211 Penalties.
Subpart--Procedure for Conduct of Referenda to Determine Producer
Approval of Milk Marketing Orders To Be Made Effective Pursuant to
Agricultural Marketing Agreement Act of 1937, as Amended
900.300 General.
900.301 Definitions.
900.302 Associations eligible to vote.
900.303 Conduct of referendum.
900.304 Who may vote.
900.305 Duties of referendum agent.
900.306 Notice of the referendum.
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900.307 Time for voting.
900.308 Tabulation of ballots.
900.309 Confidential information.
900.310 Supplementary instructions.
900.311 Submittals or requests.
Subpart--Procedure for Determining the Qualification of Cooperative Milk
Marketing Associations
900.350 General statement.
900.351 Applications for qualification.
900.352 Confidential information.
900.353 Qualification standards.
900.354 Inspection and investigation.
900.355 Annual reporting.
900.356 Listing of qualified associations.
900.357 Denial of application; suspension or revocation of
determination of qualification.
Subpart--Procedure for the Conduct of Referenda in Connection With
Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the
Agricultural Marketing Agreement Act of 1937, as Amended
900.400 General.
900.401 Definitions.
900.402 Voting.
900.403 Instructions.
900.404 Subagents.
900.405 Ballots.
900.406 Referendum report.
900.407 Confidential information.
Subpart--Public Information
Availability of Program Information, Staff Manuals and Instructions, and
Related Material
900.500 General.
900.501 Public inspection and copying.
900.502 Indexes.
900.503 Requests for records.
900.504 Appeals.
Subpart--Information Collection
900.600 General.
900.601 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
Source: 25 FR 5907, June 28, 1960, unless otherwise noted.
Subpart--Rules of Practice and Procedure Governing Proceedings to
Formulate Marketing Agreements and Marketing Orders
Authority: Sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610.
Sec. 900.1 Words in the singular form.
Words in this subpart in the singular form shall be deemed to import
the plural, and vice versa, as the case may demand.
Sec. 900.2 Definitions.
As used in this subpart, the terms as defined in the Act shall apply
with equal force and effect. In addition, unless the context otherwise
requires:
(a) The term Act means Public Act No. 10, 73d Congress (48 Stat.
31), as amended and as reenacted and amended by the Agricultural
Marketing Agreement Act of 1937 (50 Stat. 246), as amended.
(b) The term Department means the United States Department of
Agriculture.
(c) The term Secretary means the Secretary of Agriculture of the
United States, or any officer or employee of the Department to whom
authority has heretofore been delegated, or to whom authority may
hereafter be delegated, to act in his stead.
(d) The terms Administrative Law Judge or Judge means any
administrative law judge appointed pursuant to 5 U.S.C. 3105, and
assigned to conduct the proceeding.
(e) The term Administrator means the Administrator of the
Agricultural Marketing Service, with power to redelegate, or any officer
or employee of the Department to whom authority has been delegated or
may hereafter be delegated to act in his stead.
(f) [Reserved]
(g) The term ``Federal Register'' means the publication provided for
by the Act of July 26, 1935 (49 Stat. 500), and acts supplementary
thereto and amendatory thereof.
(h) The term hearing means that part of the proceeding which
involves the submission of evidence.
(i) The term marketing agreement means any marketing agreement or
any amendment thereto which may be entered into pursuant to section 8b
of the Act.
(j) The term marketing order means any order or any amendment
thereto which may be issued pursuant to section 8c of the Act, and after
notice and hearing as required by said section.
(k) The term proceeding means a proceeding upon the basis of which a
marketing agreement may be entered into or a marketing order may be
issued.
(l) The term hearing clerk means the hearing clerk, United States
Department of Agriculture, Washington, DC.
[25 FR 5907, June 28, 1960, as amended at 26 FR 7796, Aug. 22, 1961; 28
FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972; 38 FR 29798, Oct. 29,
1973]
Sec. 900.3 Proposals.
(a) A marketing agreement or a marketing order may be proposed by
the Secretary or by any other person. If any person other than the
Secretary proposes a marketing agreement or marketing order, he shall
file with the Administrator a written application, together with at
least four copies of the proposal, requesting the Secretary to hold a
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hearing upon the proposal. Upon receipt of such proposal, the
Administrator shall cause such investigation to be made and such
consideration thereof to be given as, in his opinion, are warranted. If
the investigation and consideration lead the Administrator to conclude
that the proposed marketing agreement or marketing order will not tend
to effectuate the declared policy of the Act, or that for other proper
reasons a hearing should not be held on the proposal, he shall deny the
application, and promptly notify the applicant of such denial, which
notice shall be accompanied by a brief statement of the grounds for the
denial.
(b) If the investigation and consideration lead the Administrator to
conclude that the proposed marketing agreement or marketing order will
tend to effectuate the declared policy of the Act, or if the Secretary
desires to propose a marketing agreement or marketing order, he shall
sign and cause to be served a notice of hearing, as provided in this
subpart.
Sec. 900.4 Institution of proceeding.
(a) Filing and contents of the notice of hearing. The proceeding
shall be instituted by filing the notice of hearing with the hearing
clerk. The notice of hearing shall contain a reference to the authority
under which the marketing agreement or marketing order is proposed;
shall define the scope of the hearing as specifically as may be
practicable; shall contain either the terms or substance of the proposed
marketing agreement or marketing order or a description of the subjects
and issues involved and shall state the industry, area, and class of
persons to be regulated, the time and place of such hearing, and the
place where copies of such proposed marketing agreement or marketing
order may be obtained or examined. The time of the hearing shall not be
less than 15 days after the date of publication of the notice in the
Federal Register, as provided in this subpart, unless the Administrator
shall determine that an emergency exists which requires a shorter period
of notice, in which case the period of notice shall be that which the
Administrator may determine to be reasonable in the circumstances:
Provided, That, in the case of hearings on amendments to marketing
agreements or marketing orders, the time of the hearing may be less than
15 days but shall not be less than 3 days after the date of publication
of the notice in the Federal Register.
(b) Giving notice of hearing and supplemental publicity. (1) The
Administrator shall give or cause to be given notice of hearing in the
following manner:
(i) By publication of the notice of hearing in the Federal Register;
(ii) By mailing a true copy of the notice of hearing to each of the
persons known to the Administrator, to be interested therein;
(iii) By issuing a press release containing the complete text or a
summary of the contents of the notice of hearing and making the same
available to such newspapers in the area proposed to be subjected to
regulation as reasonably will tend to bring the notice to the attention
of the persons interested therein;
(iv) By forwarding copies of the notice of hearing addressed to the
governors of such of the several States of the United States and to
executive heads of such of the Territories and possessions of the United
States as the Administrator, having due regard for the subject matter of
the proposal and the public interest, shall determine, should be
notified.
(2) Legal notice of the hearing shall be deemed to be given if
notice is given in the manner provided by paragraph (b)(1)(i) of this
section; and failure to give notice in the manner provided in paragraph
(b)(1)(ii), (iii), and (iv) of this section shall not affect the
legality of the notice.
(c) Record of notice and supplemental publicity. There shall be
filed with the hearing clerk or submitted to the judge at the hearing an
affidavit or certificate of the person giving the notice provided in
(b)(1)(iii) and (iv) of this section. In regard to the provisions
relating to mailing in (b)(1)(ii) of this section, a determination by
the Administrator that such provisions have been complied with shall be
filed with the hearing clerk or submitted to the judge at the hearing.
In the alternative, if notice is not given in the manner provided in
(b)(1)(ii), (iii), and (iv) of this section there shall be filed with
the hearing clerk or submitted to the judge at the hearing a
determination by the Administrator that such notice is impracticable,
unnecessary, or contrary to the public interest with a brief statement
of the reasons for such determination. Determinations by the
Administrator as herein provided shall be final.
Sec. 900.5 Docket number.
Each proceeding, immediately following its institution, shall be
assigned a docket number by the hearing clerk and thereafter the
proceeding may be referred to by such number.
Sec. 900.6 Judges.
(a) Assignment. No judge who has any pecuniary interest in the
outcome of a proceeding shall serve as judge in such proceeding.
(b) Powers of judges. Subject to review by the Secretary, as
provided elsewhere in this subpart, the judge, in any proceeding, shall
have power to:
(1) Rule upon motions and requests;
(2) Change the time and place of hearing, and adjourn the hearing
from time to time or from place to place;
(3) Administer oaths and affirmations and take affidavits;
[[Page 10]]
(4) Examine and cross-examine witnesses and receive evidence;
(5) Admit or exclude evidence;
(6) Hear oral argument on facts or law;
(7) Do all acts and take all measures necessary for the maintenance
of order at the hearing and the efficient conduct of the proceeding.
(c) Who may act in absence of judge. In case of the absence of the
judge or his inability to act, the powers and duties to be performed by
him under this part in connection with a proceeding may, without
abatement of the proceeding unless otherwise ordered by the Secretary,
be assigned to any other judge.
(d) Disqualification of judge. The judge may at any time withdraw as
judge in a proceeding if he deems himself to be disqualified. Upon the
filing by an interested person in good faith of a timely and sufficient
affidavit of personal bias or disqualification of a judge, the Secretary
shall determine the matter as a part of the record and decision in the
proceeding, after making such investigation or holding such hearings, or
both, as he may deem appropriate in the circumstances.
Sec. 900.7 Motions and requests.
(a) General. All motions and requests shall be filed with the
hearing clerk, except that those made during the course of the hearing
may be filed with the judge or may be stated orally and made a part of
the transcript.
Except as provided in Sec. 900.15(b) such motions and requests shall
be addressed to, and ruled on by, the judge if made prior to his
certification of the transcript pursuant to Sec. 900.10 or by the
Secretary if made thereafter.
(b) Certification to Secretary. The judge may in his discretion
submit or certify to the Secretary for decision any motion, request,
objection, or other question addressed to the judge.
Sec. 900.8 Conduct of the hearing.
(a) Time and place. The hearing shall be held at the time and place
fixed in the notice of hearing, unless the judge shall have changed the
time or place, in which event the judge shall file with the hearing
clerk a notice of such change, which notice shall be given in the same
manner as provided in Sec. 900.4 (relating to the giving of notice of
the hearing): Provided, That, if the change in time or place of hearing
is made less than 5 days prior to the date previously fixed for the
hearing, the judge, either in addition to or in lieu of causing the
notice of the change to be given, shall announce, or cause to be
announced, the change at the time and place previously fixed for the
hearing.
(b) Appearances--(1) Right to appear. At the hearing, any interested
person shall be given an opportunity to appear, either in person or
through his authorized counsel or representative, and to be heard with
respect to matters relevant and material to the proceeding. Any
interested person who desires to be heard in person at any hearing under
these rules shall, before proceeding to testify, state his name,
address, and occupation. If any such person is appearing through a
counsel or representative, such person or such counsel or representative
shall, before proceeding to testify or otherwise to participate in the
hearing, state for the record the authority to act as such counsel or
representative, and the names and addresses and occupations of such
person and such counsel or representative. Any such person or such
counsel or representative shall give such other information respecting
his appearance as the judge may request.
(2) Debarment of counsel or representative. Wherever, while a
proceeding is pending before him, the judge finds that a person, acting
as counsel or representative for any person participating in the
proceeding, is guilty of unethical or unprofessional conduct, the judge
may order that such person be precluded from further acting as counsel
or representative in such proceeding. An appeal to the Secretary may be
taken from any such order, but the proceeding shall not be delayed or
suspended pending disposition of the appeal: Provided, That the judge
may suspend the proceeding for a reasonable time for the purpose of
enabling the client to obtain other counsel or other representative.
In case the judge has ordered that a person be precluded from
further acting as counsel or representative in the proceeding, the
judge, within a reasonable time thereafter shall submit to the Secretary
a report of the facts and circumstances surrounding such order and shall
recommend what action the Secretary should take respecting the
appearance of such person as counsel or representative in other
proceedings before the Secretary. Thereafter the Secretary may, after
notice and an opportunity for hearing, issue such order, respecting the
appearance of such person as counsel or representative in proceedings
before the Secretary, as the Secretary finds to be appropriate.
(3) Failure to appear. If any interested person fails to appear at
the hearing, he shall be deemed to have waived the right to be heard in
the proceeding.
(c) Order of procedure. (1) The judge shall, at the opening of the
hearing prior to the taking of testimony, have noted as part of the
record the notice of hearing as filed with the Office of the Federal
Register and the affidavit or certificate of the giving of notice or the
determination provided for in Sec. 900.4(c).
(2) Evidence shall then be received with respect to the matters
specified in the notice of the hearing in such order as the judge shall
announce.
[[Page 11]]
(d) Evidence--(1) In general. The hearing shall be publicly
conducted, and the testimony given at the hearing shall be reported
verbatim.
Every witness shall, before proceeding to testify, be sworn or make
affirmation. Cross-examination shall be permitted to the extent required
for a full and true disclosure of the facts.
When necessary, in order to prevent undue prolongation of the
hearing, the judge may limit the number of times any witness may testify
to the same matter or the amount of corroborative or cumulative
evidence.
The judge shall, insofar as practicable, exclude evidence which is
immaterial, irrelevant, or unduly repetitious, or which is not of the
sort upon which responsible persons are accustomed to rely.
(2) Objections. If a party objects to the admission or rejection of
any evidence or to any other ruling of the judge during the hearing, he
shall state briefly the grounds of such objection, whereupon an
automatic exception will follow if the objection is overruled by the
judge. The transcript shall not include argument or debate thereon
except as ordered by the judge. The ruling of the judge on any objection
shall be a part of the transcript.
Only objections made before the judge may subsequently be relied
upon in the proceeding.
(3) Proof and authentication of official records or documents. An
official record or document, when admissible for any purpose, shall be
admissible as evidence without the production of the person who made or
prepared the same. Such record or document shall, in the discretion of
the judge, be evidenced by an official publication thereof or by a copy
attested by the person having legal custody thereof and accompanied by a
certificate that such person has the custody.
(4) Exhibits. All written statements, charts, tabulations, or
similar data offered in evidence at the hearing shall, after
identification by the proponent and upon satisfactory showing of the
authenticity, relevancy, and materiality of the contents thereof, be
numbered as exhibits and received in evidence and made a part of the
record. Such exhibits shall be submitted in quadruplicate and in
documentary form. In case the required number of copies is not made
available, the judge shall exercise his discretion as to whether said
exhibits shall, when practicable, be read in evidence or whether
additional copies shall be required to be submitted within a time to be
specified by the judge. If the testimony of a witness refers to a
statute, or to a report or document (including the record of any
previous hearing) the judge, after inquiry relating to the
identification of such statute, report, or document, shall determine
whether the same shall be produced at the hearing and physically be made
a part of the evidence as an exhibit, or whether it shall be
incorporated into the evidence by reference. If relevant and material
matter offered in evidence is embraced in a report or document
(including the record of any previous hearing) containing immaterial or
irrelevant matter, such immaterial or irrelevant matter shall be
excluded and shall be segregated insofar as practicable, subject to the
direction of the judge.
(5) Official notice. Official notice may be taken of such matters as
are judicially noticed by the courts of the United States and of any
other matter of technical, scientific or commercial fact of established
character: Provided, That interested persons shall be given adequate
notice, at the hearing or subsequent thereto, of matters so noticed and
shall be given adequate opportunity to show that such facts are
inaccurate or are erroneously noticed.
(6) Offer of proof. Whenever evidence is excluded from the record,
the party offering such evidence may make an offer of proof, which shall
be included in the transcript. The offer of proof shall consist of a
brief statement describing the evidence to be offered. If the evidence
consists of a brief oral statement or of an exhibit, it shall be
inserted into the transcript in toto. In such event, it shall be
considered a part of the transcript if the Secretary decides that the
judge's ruling in excluding the evidence was erroneous. The judge shall
not allow the insertion of such evidence in toto if the taking of such
evidence will consume a considerable length of time at the hearing. In
the latter event, if the Secretary decides that the judge erred in
excluding the evidence, and that such error was substantial, the hearing
shall be reopened to permit the taking of such evidence.
[25 FR 5907, June 28, 1960, as amended at 37 FR 1103, Jan. 25, 1972]
Sec. 900.9 Oral and written arguments.
(a) Oral argument before judge. Oral argument before the judge shall
be in the discretion of the judge. Such argument, when permitted, may be
limited by the judge to any extent that he finds necessary for the
expeditious disposition of the proceeding and shall be reduced to
writing and made part of the transcript.
(b) Briefs, proposed findings and conclusions. The judge shall
announce at the hearing a reasonable period of time within which
interested persons may file with the hearing clerk proposed findings and
conclusions, and written arguments or briefs, based upon the evidence
received at the hearing, citing, where practicable, the page or pages of
the transcript of the testimony where such evidence appears. Factual
material other than that adduced at the hearing or subject to official
notice shall not be alluded to therein,
[[Page 12]]
and, in any case, shall not be considered in the formulation of the
marketing agreement or marketing order. If the person filing a brief
desires the Secretary to consider any objection made by such person to a
ruling of the judge, as provided in Sec. 900.8(d), he shall include in
the brief a concise statement concerning each such objection, referring
where practicable, to the pertinent pages of the transcript.
Sec. 900.10 Certification of the transcript.
The judge shall notify the hearing clerk of the close of a hearing
as soon as possible thereafter and of the time for filing written
arguments, briefs, proposed findings and proposed conclusions, and shall
furnish the hearing clerk with such other information as may be
necessary. As soon as possible after the hearing, the judge shall
transmit to the hearing clerk an original and three copies of the
transcript of the testimony and the original and all copies of the
exhibits not already on file in the office of the hearing clerk. He
shall attach to the original transcript of testimony his certificate
stating that to the best of his knowledge and belief, the transcript is
a true transcript of the testimony given at the hearing except in such
particulars as he shall specify; and that the exhibits transmitted are
all the exhibits as introduced at the hearing with such exceptions as he
shall specify. A copy of such certificate shall be attached to each of
the copies of the transcript of testimony. In accordance with such
certificate the hearing clerk shall note upon the official record copy,
and cause to be noted on other copies, of the transcript each correction
detailed therein by adding or crossing out (but without obscuring the
text as originally transcribed) at the appropriate place any words
necessary to make the same conform to the correct meaning, as certified
by the judge. The hearing clerk shall obtain and file certifications to
the effect that such corrections have been effected in copies other than
the official record copy.
Sec. 900.11 Copies of the transcript.
(a) During the period in which the proceeding has an active status
in the Department, a copy of the transcript and exhibits shall be kept
on file in the office of the hearing clerk, where it shall be available
for examination during official hours of business. Thereafter said
transcript and exhibits shall be made available by the hearing clerk for
examination during official hours of business after prior request and
reasonable notice to the hearing clerk.
(b) If a personal copy of the transcript is desired, such copy may
be obtained upon written application filed with the reporter and upon
payment of fees at the rate (if any) provided in the contract between
the reporter and the Secretary.
Sec. 900.12 Administrator's recommended decision.
(a) Preparation. As soon as practicable following the termination of
the period allowed for the filing of written arguments or briefs and
proposed findings and conclusions the Administrator shall file with the
hearing clerk a recommended decision.
(b) Contents. The Administrator's recommended decision shall
include: (1) A preliminary statement containing a description of the
history of the proceedings, a brief explanation of the material issues
of fact, law, or discretion presented on the record, and proposed
findings and conclusions with respect to such issues as well as the
reasons or basis therefor; (2) A ruling upon each proposed finding or
conclusion submitted by interested persons; and (3) An appropriate
proposed marketing agreement or marketing order effectuating his
recommendations.
(c) Exceptions to recommended decision. Immediately following the
filing of his recommended decision, the Administrator shall give notice
thereof, and opportunity to file exceptions thereto by publication in
the Federal Register. Within a period of time specified in such notice
any interested person may file with the hearing clerk exceptions to the
Administrator's proposed marketing agreement or marketing order, or
both, as the case may be, and a brief in support of such exceptions.
Such exceptions shall be in writing, shall refer, where practicable, to
the related pages of the transcript and may suggest appropriate changes
in the proposed marketing agreement or marketing order.
(d) Omission of recommended decision. The procedure provided in this
section may be omitted only if the Secretary finds on the basis of the
record that due and timely execution of his functions imperatively and
unavoidably requires such omission.
Sec. 900.13 Submission to Secretary.
Upon the expiration of the period allowed for filing exceptions or
upon request of the Secretary, the hearing clerk shall transmit to the
Secretary the record of the proceeding. Such record shall include: all
motions and requests filed with the hearing clerk and rulings thereon;
the certified transcripts; any proposed findings or conclusions or
written arguments or briefs that may have been filed; the
Administrator's recommended decision, if any, and such exceptions as may
have been filed.
Sec. 900.13a Decision by Secretary.
After due consideration of the record, the Secretary shall render a
decision. Such decision shall become a part of the record and shall
include (a) a statement of his findings and conclusions, as well as the
reasons or basis therefor, upon all the material issues of fact, law or
discretion presented on the
[[Page 13]]
record, (b) a ruling upon each proposed finding and proposed conclusion
not previously ruled upon in the record, (c) a ruling upon each
exception filed by interested persons and (d) either (1) a denial of the
proposal to issue a marketing agreement or marketing order or (2) a
marketing agreement and, if the findings upon the record so warrant, a
marketing order, the provisions of which shall be set forth directly or
by reference, regulating the handling of the commodity or product in the
same manner and to the same extent as such marketing agreement, which
order shall be complete except for its effective date and any
determinations to be made under Sec. 900.14(b) or Sec. 900.14(c):
Provided, That such marketing order shall not be executed, issued, or
made effective until and unless the Secretary determines that the
requirements of Sec. 900.14(b) or Sec. 900.14(c) have been met.
Sec. 900.14 Execution and issuance of marketing agreements and
marketing orders.
(a) Execution and issuance of marketing agreement. If the Secretary
has approved a marketing agreement, as provided in Sec. 900.13a, the
Administrator shall cause copies thereof to be distributed for execution
by the handlers eligible to become parties thereto. If and when such
number of the handlers as the Secretary shall deem sufficient shall have
executed the agreement, the Secretary shall execute the agreement. After
execution of a marketing agreement, such agreement shall be filed with
the hearing clerk, and notice thereof, together with notice of the
effective date, shall be given by publication in the Federal Register.
The marketing agreement shall not become effective less than 30 days
after its publication in the Federal Register, unless the Secretary,
upon good cause found and published with the agreement, fixes an earlier
effective date therefor: Provided, That no marketing agreement shall
become effective as to any person signatory thereto before either (1) it
has been filed with the Office of the Federal Register, or (2) such
person has received actual notice that the Secretary has executed the
agreement and the effective date of the marketing agreement.
(b) Issuance of marketing order with marketing agreement. Whenever,
as provided in paragraph (a) of this section, the Secretary executes a
marketing agreement, and handlers also have executed the same as
provided in section 8c(8) of the Act, he shall, if he finds that it will
tend to effectuate the purposes of the Act, issue and make effective the
marketing order, if any, which was filed as a part of his decision
pursuant to Sec. 900.13a: Provided, That the issuance of such order
shall have been approved or favored by producers as required by section
8c(8) of the act.
(c) Issuance of marketing order without marketing agreement. If,
despite the failure or refusal of handlers to sign the marketing
agreement, as provided in section 8c(8) of the Act, the Secretary makes
the determinations required under section 8c(9) of the Act, the
Secretary shall issue and make effective the marketing order, if any,
which was filed as a part of his decision pursuant to Sec. 900.13a.
(d) Effective date of marketing order. No marketing order shall
become effective less than 30 days after its publication in the Federal
Register, unless the Secretary, upon good cause found and published with
the order, fixes an earlier effective date therefor: Provided, That no
marketing order shall become effective as to any person sought to be
charged thereunder before either (1) it has been filed with the Office
of the Federal Register, or (2) such person has received actual notice
of the issuance and terms of the marketing order.
(e) Notice of issuance. After issuance of a marketing order, such
order shall be filed with the hearing clerk, and notice thereof,
together with notice of the effective date, shall be given by
publication in the Federal Register. (7 U.S.C. 610(c).)
[25 FR 5907, June 28, 1960, as amended at 53 FR 15659, May 3, 1988]
Sec. 900.15 Filing; extensions of time; effective date of filing; and
computation of time.
(a) Filing, number of copies. Except as is provided otherwise in
this subpart, all documents or papers required or authorized by the
foregoing provisions of this subpart to be filed with the hearing clerk
shall be filed in quadruplicate. Any document or paper, so required or
authorized to be filed with the hearing clerk, shall, during the course
of an oral hearing, be filed with the judge. The provisions of this
subpart concerning filing with the hearing clerk of hearing notices,
recommended and final decisions, marketing agreements and orders, and
all documents described in Sec. 900.17 shall be met by filing a true
copy thereof with the hearing clerk.
(b) Extensions of time. The time for the filing of any document or
paper required or authorized by the foregoing provisions of this subpart
to be filed may be extended by the judge (before the record is certified
by the judge) or by the Administrator (after the record is so certified
by the judge but before it is transmitted to the Secretary), or by the
Secretary (after the record is transmitted to the Secretary) upon
request filed, and if, in the judgment of the judge, Administrator, or
the Secretary, as the case may be, there is good reason for the
extension. All rulings made pursuant to this paragraph shall be filed
with the hearing clerk.
(c) Effective date of filing. Any document or paper required or
authorized by the foregoing provisions of this subpart to be filed shall
be deemed to be filed when it is postmarked or when it is received by
the hearing clerk.
[[Page 14]]
(d) Computation of time. Sundays and Federal holidays shall be
included in computing the time allowed for the filing of any document or
paper: Provided, That, when such time expires on a Sunday or legal
holiday, such period shall be extended to include the next following
business day.
[25 FR 5907, June 28, 1960, as amended at 30 FR 254, Jan. 9, 1965]
Sec. 900.16 Ex parte communications.
(a) At no stage of the proceeding following the issuance of a notice
of hearing and prior to the issuance of the Secretary's decision therein
shall an employee of the Department who is or may reasonably be expected
to be involved in the decisional process of the proceeding discuss ex
parte the merits of the proceeding with any person having an interest in
the proceeding or with any representative of such person: Provided, That
procedural matters and status reports shall not be included within this
limitation; and Provided further, That an employee of the Department who
is or may reasonably be expected to be involved in the decisional
process of the proceeding may discuss the merits of the proceeding with
such a person if all parties known to be interested in the proceeding
have been given notice and an opportunity to participate. A memorandum
of any such discussion shall be included in the record of the
proceeding.
(b) No person interested in the proceeding shall make or knowingly
cause to be made to an employee of the Department who is or may
reasonably be expected to be involved in the decisional process of the
proceeding an ex parte communication relevant to the merits of the
proceeding except as provided in paragraph (a) of this section.
(c) If an employee of the Department who is or may reasonably be
expected to be involved in the decisional process of the proceeding
receives or makes a communication prohibited by this section, the
Department shall place on the public record of the proceeding:
(1) All such written communications;
(2) Memoranda stating the substance of all such oral communications;
and
(3) All written responses, and memoranda stating the substance of
all oral responses thereto.
(d) Upon receipt of a communication knowingly made or knowingly
caused to be made by a party in violation of this section, the
Department may, to the extent consistent with the interest of justice
and the policy of the underlying statute, take whatever steps are deemed
necessary to nullify the effect of such communication.
(e) For the purposes of this section, ex parte communication means
an oral or written communication not on the public record with respect
to which reasonable prior notice to all interested parties is not given,
but which shall not include requests for status reports (including
requests on procedural matters) on any proceeding.
[42 FR 10833, Feb. 24, 1977]
Sec. 900.17 Additional documents to be filed with hearing clerk.
In addition to the documents or papers required or authorized by the
foregoing provisions of this subpart to be filed with the hearing clerk,
the hearing clerk shall receive for filing and shall have custody of all
papers, reports, records, orders, and other documents which relate to
the administration of any marketing agreement or marketing order and
which the Secretary is required to issue or to approve.
Sec. 900.18 Hearing before Secretary.
The Secretary may act in the place and stead of a judge in any
proceeding under this subpart. When he so acts the hearing clerk shall
transmit the record to the Secretary at the expiration of the period
provided for the filing of proposed findings of fact, conclusions and
orders, and the Secretary shall thereupon, after due consideration of
the record, issue his final decision in the proceeding: Provided, That
he may issue a tentative decision in which event the parties shall be
afforded an opportunity to file exceptions before the issuance of the
final decision.
Subpart--Rules of Practice Governing Proceedings on Petitions To Modify
or To Be Exempted From Marketing Orders
Authority: Sec. 5, 49 Stat. 753, as amended; 7 U.S.C. 608c.
Sec. 900.50 Words in the singular form.
Words in this subpart in the singular form shall be deemed to import
the plural, and vice versa, as the case may demand.
Sec. 900.51 Definitions.
As used in this subpart, the terms as defined in the Act shall apply
with equal force and effect. In addition, unless the context otherwise
requires:
(a) The term Act means Public Act No. 10, 73d Congress, as amended
and as reenacted and amended by the Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. and Sup. 601);
(b) The term Department means the United States Department of
Agriculture;
(c) The term Secretary means the Secretary of Agriculture of the
United States, or any officer or employee of the Department to whom
authority has heretofore been delegated, or to whom authority may
hereafter be delegated, to act in his stead;
[[Page 15]]
(d) The terms administrative law judge or judge means any
Administrative Law Judge, appointed pursuant to 5 U.S.C. 3105, and
assigned to the proceeding involved;
(e) The term administrator means the Administrator of the
Agricultural Marketing Service, with power to redelegate, or any officer
or employee of the Department to whom authority has been delegated or
may hereafter be delegated to act in his stead.
(f) [Reserved]
(g) The term ``Federal Register'' means the publication provided for
by the Act of July 26, 1935 (49 Stat. 500), and acts supplementary
thereto and amendatory thereof;
(h) The term marketing order means any order or any amendment
thereto which may be issued pursuant to section 8c of the Act;
(i) The term handler means any person who, by the terms of a
marketing order, is subject thereto, or to whom a marketing order is
sought to be made applicable;
(j) The term proceeding means a proceeding before the Secretary
arising under subsection (15)(A) of section 8c of the Act;
(k) The term hearing means that part of the proceeding which
involves the submission of evidence;
(l) The term party includes the Department;
(m) The term hearing clerk means the hearing clerk, United States
Department of Agriculture, Washington, DC;
(n) [Reserved]
(o) The term decision means the judge's initial decision in
proceedings subject to 5 U.S.C. 556 and 557, and includes the judge's
(1) findings of fact and conclusions with respect to all material issues
of fact, law or discretion as well as the reasons or basis thereof, (2)
order, and (3) rules on findings, conclusions and orders submitted by
the parties;
(p) The term petition includes an amended petition.
[25 FR 5907, June 28, 1960, as amended at 26 FR 7796, Aug. 22, 1961, 28
FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972; 38 FR 29798, Oct. 29,
1973]
Sec. 900.52 Institution of proceeding.
(a) Filing and service of petition. Any handler desiring to complain
that any marketing order or any provision of any such order or any
obligation imposed in connection therewith is not in accordance with
law, shall file with the hearing clerk, in quadruplicate, a petition in
writing addressed to the Secretary. Promptly upon receipt of the
petition, the hearing clerk shall transmit a true copy thereof to the
Administrator and the General Counsel, respectively.
(b) Contents of petition. A petition shall contain:
(1) The correct name, address, and principal place of business of
the petitioner. If petitioner is a corporation, such fact shall be
stated, together with the name of the State of incorporation, the date
of incorporation, and the names, addresses, and respective positions
held by its officers; if an unincorporated association, the names and
addresses of its officers, and the respective positions held by them; if
a partnership, the name and address of each partner;
(2) Reference to the specific terms or provisions of the order, or
the interpretation or application thereof, which are complained of;
(3) A full statement of the facts (avoiding a mere repetition of
detailed evidence) upon which the petition is based, and which it is
desired that the Secretary consider, setting forth clearly and concisely
the nature of the petitioner's business and the manner in which
petitioner claims to be affected by the terms or provisions of the order
or the interpretation or application thereof, which are complained of;
(4) A statement of the grounds on which the terms or provisions of
the order, or the interpretation or application thereof, which are
complained of, are challenged as not in accordance with law;
(5) Prayers for the specific relief which the petitioner desires the
Secretary to grant;
(6) An affidavit by the petitioner, or if the petitioner is not an
individual, by an officer of the petitioner having knowledge of the
facts stated in the petition, verifying the petition and stating that it
is filed in good faith and not for purposes of delay.
(c) Motion to dismiss petition--(1) Filing, contents, and responses
thereto. If the Administrator is of the opinion that the petition, or
any portion thereof, does not substantially comply, in form or content,
with the act or with the requirements of paragraph (b) of this section,
or is not filed in good faith, or is filed for purposes of delay, he
may, within thirty days after the filing of the petition, file with the
Hearing Clerk a motion to dismiss the petition, or any portion thereof,
on one or more of the grounds stated in this paragraph. Such motion
shall specify the grounds of objection to the petition and if based, in
whole or in part, on an allegations of fact not appearing on the face of
the petition, shall be accompanied by appropriate affidavits or
documentary evidence substantiating such allegations of fact. The motion
may be accompanied by a memorandum of law. Upon receipt of such motion,
the Hearing Clerk shall cause a copy thereof to be served upon the
petitioner, together with a notice stating that all papers to be
submitted in opposition to such motion including any memorandum of law,
must be filed by the petitioner with the Hearing Clerk not later than 20
days after the service of such notice upon the petitioner. Upon the
expiration of the time specified in such notice, or upon receipt of such
papers from the petitioner, the Hearing Clerk shall transmit all
[[Page 16]]
papers which have been filed in connection with the motion to the Judge
for his consideration.
(2) Decision by Administrative Law Judge. The Judge, after due
consideration, shall render a decision upon the motion stating the
reasons for his action. Such decision shall be in the form of an order
and shall be filed with the Hearing Clerk who shall cause a copy thereof
to be served upon the petitioner and a copy thereof to be transmitted to
the Administrator. Any such order shall be final unless appealed
pursuant to Sec. 900.65: Provided, That within 20 days following the
service upon the petitioner of a copy of the order of the Judge
dismissing the petition, or any portion thereof, on the ground that it
does not substantially comply in form and content with the act or with
paragraph (b) of this section, the petitioner shall be permitted to file
an amended petition.
(3) Oral argument. Unless a written application for oral argument is
filed by a party with the hearing clerk not later than the time fixed
for filing papers in opposition to the motion, it shall be considered
that the party does not desire oral argument. The granting of a request
to make oral argument shall rest in the discretion of the Judge.
[25 FR 5907, June 28, 1960, as amended at 38 FR 29798, Oct. 29, 1973]
Sec. 900.52a Answer to petition.
(a) Time of filing. Within 30 days after the filing of the petition,
the Administrator shall file an answer thereto: Provided, That if a
motion to dismiss the petition, in whole or in part, is made pursuant to
Sec. 900.52(c), the answer shall be filed within 15 days after the
filing of an order of the administrative law judge denying the motion or
granting the motion with respect to only a portion of the petition. The
answer shall be filed with the hearing clerk who shall cause a copy
thereof to be served promptly upon the petitioner.
(b) Contents. The answer shall specify which of the material
allegations of fact or of law in the petition are controverted and which
are not controverted. The answer also may contain affirmative
allegations of fact constituting separate defenses and statements of
objections to the sufficiency of the whole or any part of the petition.
[25 FR 5907, June 28, 1960]
Sec. 900.52b Amended pleadings.
At any time before the close of the hearing the petition or answer
may be amended, but the hearing shall, at the request of the adverse
party, be adjourned or recessed for such reasonable time as the judge
may determine to be necessary to protect the interests of the parties.
Amendments subsequent to the first amendment or subsequent to the filing
of an answer may be made only with leave of the judge or with the
written consent of the adverse party.
Sec. 900.53 Withdrawal of petition.
If, at any time after the petition is filed, the petitioner desires
to withdraw the same, he shall file with the hearing clerk (or, if filed
during the course of a hearing, with the judge) a written request for
permission to withdraw. The judge may, in his discretion, thereupon
dismiss the petition without further procedure: Provided, That, if the
request to withdraw is filed after a hearing has been opened, permission
to withdraw shall be granted only in exceptional circumstances.
Sec. 900.54 Docket number.
Each proceeding, immediately following its institution, shall be
assigned a docket number by the hearing clerk and thereafter the
proceeding may be referred to by such number.
Sec. 900.55 Judges.
(a) Assignment. No judge who has any pecuniary interest in the
outcome of the proceeding, or who has participated in any investigation
preceding the institution of the proceeding, shall serve as judge in
such proceeding.
(b) Conduct. The judge shall conduct the proceeding in a fair and
impartial manner and shall not discuss ex parte the merits of the
proceeding with any person who is or who has been connected in any
manner with the proceeding in an advocative or investigative capacity.
(c) Powers of judges. Subject to review by the Secretary, as
provided elsewhere in this subpart, the judge shall have power to:
(1) Rule upon motions and requests;
(2) Adjourn the hearing from time to time, and change the time and
place of hearing;
(3) Administer oaths and affirmations and take affidavits;
(4) Issue subpenas, under the facsimile signature of the Secretary,
requiring the attendance and testimony of witnesses and the production
of books, records, contracts, papers, and other documentary evidence;
(5) Examine witnesses and receive evidence;
(6) Take or order, under the facsimile signature of the Secretary,
the taking of depositions;
(7) Admit or exclude evidence;
(8) Hear oral argument on facts or law;
(9) Consolidate hearings upon two or more petitions pertaining to
the same order;
(10) Do all acts and take all measures necessary for the maintenance
of order at the hearing and the efficient conduct of the proceeding.
(d) Who may act in absence of judge. In case of the absence of the
judge or his inability to act, the powers and duties to be performed
[[Page 17]]
by him under these rules of practice in connection with a proceeding
may, without abatement of the proceeding unless otherwise ordered by the
Secretary, be assigned to any other judge.
(e) Disqualification of judge. The judge may at any time withdraw as
judge in a proceeding if he deems himself to be disqualified. Upon the
filing by an interested person in good faith of a timely and sufficient
affidavit of personal bias or disqualification of a judge, the Secretary
shall determine the matter as a part of the record and decision in the
proceeding, after making such investigation or holding such hearings, or
both, as he may deem appropriate in the circumstances.
Sec. 900.56 Consolidated hearings.
At the discretion of the judge, hearings upon two or more petitions
pertaining to the same order may be consolidated, and the evidence taken
at such consolidated hearing may be embodied in a single record.
Sec. 900.57 Intervention.
Intervention in proceedings subject to this subpart shall not be
allowed, except that, in the discretion of the Secretary or the judge,
any person (other than the petitioner) showing a substantial interest in
the outcome of a proceeding shall be permitted to participate in the
oral argument and to file a brief.
Sec. 900.58 Prehearing conferences.
In any proceeding in which it appears that such procedure will
expedite the proceeding, the judge, at any time prior to the
commencement of or during the course of the hearing, may request the
parties or their counsel to appear at a conference before him to
consider (a) the simplification of issues; (b) the possibility of
obtaining stipulations of fact and of documents which will avoid
unnecessary proof; (c) the limitation of the number of expert or other
witnesses; and (d) such other matters as may expedite and aid in the
disposition of the proceeding. No transcript of such conference shall be
made, but the judge shall prepare and file for the record a written
summary of the action taken at the conference, which shall incorporate
any written stipulations or agreements made by the parties at the
conference or as a result of the conference. If the circumstances are
such that a conference is impracticable, the judge may request the
parties to correspond with him for the purpose of accomplishing any of
the objects set forth in this section. The judge shall forward copies of
letters and documents to the parties as the circumstances require.
Correspondence in such negotiations shall not be a part of the record,
but the judge shall submit a written summary for the record if any
action is taken.
Sec. 900.59 Motions and requests.
(a) General. All motions and requests shall be filed with the
hearing clerk, except that those made during the course of an oral
hearing may be filed with the judge or may be stated orally and made a
part of the transcript.
The judge is authorized to rule upon all motions and requests filed
or made prior to the transmittal by the hearing clerk to the Secretary
of the record as provided in this subpart. The Secretary shall rule upon
all motions and requests filed after that time.
(b) Certification of motions. The submission or certification of any
motion, request, objection, or other question to the Secretary shall be
in the discretion of the judge.
[25 FR 5907, June 28, 1960, as amended at 38 FR 29798, Oct. 29, 1973]
Sec. 900.60 Oral hearings before judge.
(a) Time and place. The judge shall set a time and place for hearing
and shall file with the hearing clerk a notice stating the time and
place of hearing. If any change in the time or place of hearing becomes
necessary, it shall be made by the judge, who, in such event, shall file
with the hearing clerk a notice of the change. Such notice shall be
served upon the parties, unless it is made during the course of an oral
hearing and made a part of the transcript.
(b) Appearances--(1) Representation. In any proceeding under the
act, the parties may appear in person or by counsel or other
representative. The Department, if represented by counsel, shall be
represented by an attorney assigned by the General Counsel of the
Department, and such attorney shall present or supervise the
presentation of the position of the Department.
(2) Debarment of counsel or representative. Whenever, while a
proceeding is pending before him, the judge finds that a person acting
as counsel or representative for any party to the proceeding is guilty
of unethical or unprofessional conduct, the judge may order that such
person be precluded from further acting as counsel or representative in
such proceeding. An appeal to the Secretary may be taken from any such
order, but the proceeding shall not be delayed or suspended pending
disposition of the appeal: Provided, That the judge may suspend the
proceeding for a reasonable time for the purpose of enabling the client
to obtain other counsel or representative.
In case the judge has issued an order precluding a person from
further acting as counsel or representative in the proceeding, the
judge, within a reasonable time thereafter, shall submit to the
Secretary a report of the facts and circumstances surrounding the
issuance of the order and shall recommend what action the Secretary
should take respecting the appearance of such person as
[[Page 18]]
counsel or representative in other proceedings before the Secretary.
Thereafter, the Secretary may, after notice and an opportunity for
hearing, issue such order respecting the appearance of such person as
counsel or representative in proceedings before the Secretary as the
Secretary finds to be appropriate.
(3) Failure to appear. If the petitioner, after being duly notified,
fails to appear at the hearing, he shall be deemed to have authorized
the dismissal of the proceeding, without further procedure, and with or
without prejudice as the judge may determine. In the event that the
petitioner appears at the hearing and no representative of the
Department appears, the judge shall proceed ex parte to hear the
evidence of the petitioner. Provided, That failure on the part of such
representative of the Department to appear at a hearing shall not be
deemed to be waiver of the Department's right to file suggested findings
of fact, conclusions and order; to be served with a copy of the judge's
initial decision and to appeal to the Secretary with respect thereto.
(c) Order of proceeding. Except as may be determined otherwise by
the judge, the petitioner shall proceed first at the hearing.
(d) Evidence--(1) In general. The hearing shall be publicly
conducted, and the testimony given at the hearing shall be reported
verbatim.
The testimony of witnesses at a hearing shall be upon oath or
affirmation and subject to cross-examination.
Any witness may, in the discretion of the judge, be examined
separately and apart from all other witnesses except those who may be
parties to the proceeding.
The judge shall exclude, insofar as practicable, evidence which is
immaterial, irrelevant, or unduly repetitious, or which is not of the
sort upon which responsible persons are accustomed to rely.
(2) Objections. If a party objects to the admission or rejection of
any evidence or to the limitation of the scope of any examination or
cross-examination, or any other ruling of the judge, he shall state
briefly the grounds of such objection, whereupon an automatic exception
will follow which may be pursued in an appeal pursuant to Sec. 900.65 by
the party adversely affected by the judge's ruling.
(3) Depositions. The deposition of any witness shall be admitted, in
the manner hereinafter provided in and subject to the provisions of
Sec. 900.61.
(4) Affidavits. Except as is otherwise provided in this subpart,
affidavits may be admitted only if the evidence is otherwise admissible
and the parties agree (which may be determined by their failure to make
timely objections) that affidavits may be used.
(5) Proof and authentication of official records or documents. An
official record or document, when admissible for any purpose, shall be
admissible in evidence without the production of the person who made or
prepared the same. Such record or document shall, in the discretion of
the judge, be evidenced by an official publication thereof or by a copy
attested by the person having legal custody thereof and accompanied by a
certificate that such person has the custody.
(6) Exhibits. All written statements, charts, tabulations, or
similar data offered in evidence at the hearing shall, after
identification by the proponent and upon a satisfactory showing of the
admissibility of the contents thereof, be numbered as exhibits and
received in evidence and made a part of the record. Except where the
judge finds that the furnishing of copies is impracticable, a copy of
each exhibit, in addition to the original, shall be filed with the judge
for the use of each other party to the proceeding. The judge shall
advise the parties as to the exact number of copies which will be
required to be filed and shall make and have noted on the record the
proper distribution of the copies.
If the testimony of a witness refers to a statute, or to a report,
document, or transcript, the judge, after inquiry relating to the
identification of such statute, report, document, or transcript, shall
determine whether the same shall be produced at the hearing and
physically be made a part of the evidence as an exhibit, or whether it
shall be incorporated into the evidence by reference. If relevant and
material matter offered in evidence is embraced in a report, document,
or transcript containing immaterial or irrelevant matter, such
immaterial or irrelevant matter shall be excluded and shall be
segregated insofar as practicable, subject to the direction of the
judge.
(7) Official notice. Official notice will be taken of such matters
as are judicially noticed by the courts of the United States and of any
other matter of technical, scientific, or commercial fact of established
character: Provided, That the parties shall be given adequate notice, at
the hearing or by reference in the judge's report or the tentative order
or otherwise, of matters so noticed, and (except where official notice
is taken, for the first time in the proceeding, in the final order)
shall be given adequate opportunity to show that such facts are
erroneously noticed.
(8) Offer of proof. Whenever evidence is excluded from the record,
the party offering such evidence may make an offer of proof, which shall
be included in the transcript. The offer of proof shall consist of a
brief statement describing the evidence to be offered. If the evidence
consists of a brief oral statement or of an exhibit, it shall be
inserted into the transcript in toto. In such event, it shall be
considered a part of the transcript if the Secretary decides that the
judge's ruling in excluding the evidence was
[[Page 19]]
erroneous. The judge shall not allow the insertion of such evidence in
toto if the taking of such evidence will consume a considerable length
of time at the hearing. In the latter event, if on appeal the Secretary
decides that the judge erred in excluding the evidence, and that such
error was substantial, the hearing shall be reopened to permit the
taking of such evidence.
(e) [Reserved]
(f) Transcript. (1) During the period in which the proceeding has an
active status the transcript and exhibits shall be kept on file in the
office of the hearing clerk, where it shall be available for examination
during official hours of business. Thereafter said transcript and
exhibits shall be made available by the hearing clerk for examination
during official hours of business after prior request and reasonable
notice to the hearing clerk.
(2) If a personal copy of the transcript is desired, such copy may
be obtained upon written application filed with the reporter, and upon
payment of fees at the rate (if any) provided in the contract between
the reporter and the Secretary.
[25 FR 5907, June 28, 1960, as amended at 38 FR 29798, Oct. 29, 1973]
Sec. 900.61 Depositions.
(a) Procedure in lieu of deposition. Before any party may have
testimony taken by deposition, said party shall, if practicable, submit
to the other party an affidavit which shall set forth the facts to which
the witness would testify, if the deposition should be taken. If, after
examination of such affidavit, the other party agrees, or (within 10
days after submission of the affidavit) fails to object, that the
affidavit may be used in lieu of the deposition, the judge shall admit
the affidavit in evidence and shall not order the deposition to be
taken.
(b) Application for taking deposition. Upon the application of a
party to the proceeding, the judge may, at any time after the filing of
the moving paper, order, under the facsimile signature of the Secretary,
the taking of testimony by deposition. The application shall be in
writing and shall be filed with the hearing clerk and shall set forth:
(1) The name and address of the proposed deponent; (2) the name and
address of the person (referred to hereinafter in this section as the
``officer''), qualified under the rules in this part to take
depositions, before whom the proposed examination is to be made; (3) the
proposed time and place of the examination, which shall be at least 15
days after the date of the mailing of the application; and (4) the
reasons why such deposition should be taken.
(c) Judge's order for taking deposition. If, after the examination
of the application, the judge is of the opinion that the deposition
should be taken, he shall order its taking. The order shall be filed
with the hearing clerk and shall be served upon the parties and shall
state: (1) The time and place of the examination (which shall not be
less than 10 days after the filing of the order); (2) the name of the
officer before whom the examination is to be made; (3) the name of the
deponent. The officer and the time and place need not be the same as
those suggested in the application.
(d) Qualifications of officer. The deposition shall be taken before
the judge or before an officer authorized by the law of the United
States or by the law of the place of the examination to administer
oaths, or before an officer authorized by the Secretary to administer
oaths.
(e) Procedure on examination. The deponent shall be examined under
oath or affirmation and shall be subject to cross-examination. The
testimony of the deponent shall be recorded by the officer or by some
person under his direction and in his presence. In lieu of oral
examination, parties may transmit written interrogatories to the officer
prior to the examination and the officer shall propound such
interrogatories to the deponent.
The applicant must arrange for the examination of the witness either
by oral examination or by written interrogatories. If it is found by the
judge, upon the protest of a party to the proceeding, that such party
has his residence and his place of business more than 100 miles from the
place of the examination and that it would constitute an undue hardship
upon such party to be represented at the examination, the applicant will
be required to conduct the examination by means of interrogatories. When
the examination is conducted by means of interrogatories, copies of the
interrogatories shall be served upon the other parties to the proceeding
at least five days prior to the date set for the examination, and the
other parties shall be afforded an opportunity to file with the officer
cross-interrogatories at any time prior to the time of the examination.
(f) Certification by officer. The officer shall certify on the
deposition that the deponent was duly sworn by him and that the
deposition is a true record of the deponent's testimony. He shall then
securely seal the deposition, together with two copies thereof, in an
envelope and mail the same by registered mail to the hearing clerk.
(g) Use of depositions. A deposition ordered and taken in accord
with the provisions of this section may be used in a proceeding under
the act if the judge finds that the evidence is otherwise admissible and
(1) that the witness is dead; or (2) that the witness is at a distance
greater than 100 miles from the place of hearing, unless it appears that
the absence of the witness was procured by the party offering the
deposition; or (3) that the witness is unable to attend or testify
because
[[Page 20]]
of age, sickness, infirmity or imprisonment; or (4) that the party
offering the deposition has endeavored to procure the attendance of the
witness by subpena but has been unable to do so; or (5) that such
exceptional circumstances exist as to make it desirable, in the
interests of justice, to allow the deposition to be used. If a
deposition has been taken, and the party upon whose application it was
taken refuses to offer it in evidence, the other party may offer the
deposition, or any part thereof, in evidence.
Sec. 900.62 Subpenas.
(a) Issuance of subpenas. The attendance of witnesses and the
production of documentary evidence from any place in the United States
on behalf of any party to the proceeding may, by subpena, be required at
any designated place of hearing. Subpenas may be issued by the Secretary
or by the judge, under the facsimile signature of the Secretary, upon a
reasonable showing by the applicant of the grounds, necessity, and
reasonable scope thereof.
(b) Application for subpena duces tecum. Subpenas for the production
of documentary evidence, unless issued by the judge upon his own motion,
shall be issued only upon a verified written application. Such
application shall specify, as exactly as possible, the documents desired
and shall show their competency, relevancy, and materiality and the
necessity for their production.
(c) Service of subpenas. Subpenas may be served (1) by a United
States Marshal or his deputy, or (2) by any other person who is not less
than 18 years of age, or (3) by registering and mailing a copy of the
subpena addressed to the person to be served at his or its last known
residence or principal place of business or residence. Proof of service
may be made by the return of service on the subpena by the United States
Marshal or his deputy; or, if served by an individual other than a
United States Marshal or his deputy, by an affidavit of such person
stating that he personally served a copy of the subpena upon the person
named therein; or, if service was by registered mail, by an affidavit
made by the person mailing the subpena that it was mailed as provided in
this paragraph and by the signed return post-office receipt: Provided,
That, if the subpena is issued on behalf of the Department, the return
receipt without an affidavit of mailing shall be sufficient proof of
service. In making personal service, the person making service shall
leave a copy of the subpena with the person subpenaed; the original,
bearing or accompanied by the required proof of service shall be
returned to the official who issued the same.
Sec. 900.63 Fees and mileage.
Witnesses who are subpenaed and who appear in such proceeding,
including witnesses whose depositions are taken, shall be paid the same
fees and mileage that are paid witnesses in the courts of the United
States, and persons taking depositions shall be entitled to the same
fees as are paid for like services in the courts of the United States,
to be paid by the party at whose request the deposition is taken.
Witness fees and mileage shall be paid by the party at whose instance
the witnesses appear, and claims therefor, as to witnesses subpenaed on
behalf of the Department, shall be proved before the person issuing the
subpena, and, as to witnesses subpenaed on behalf of any other party,
shall be presented to such party.
Sec. 900.64 The Administrative Law Judge's decision.
(a) Corrections to and certification of transcript. (1) At such time
as the judge may specify, but not later than the time fixed for filing
proposed findings of fact, conclusions and order, or briefs, as the case
may be, the parties may file with the judge proposed corrections to the
transcript. (2) As soon as practicable after the filing of proposed
findings of fact, conclusions and order, or briefs, as the case may be,
the judge shall file with the hearing clerk his certificate indicating
any corrections to be made in the transcript, and stating that, to the
best of his knowledge and belief, the transcript, as corrected, is a
true, correct, and complete transcript of the testimony given at the
hearing, and that the exhibits are all the exhibits properly a part of
the hearing record. The original of such certificate shall be attached
to the original transcript and a copy of such certificate shall be
served upon each of the parties by the hearing clerk who shall also
enter onto the transcript (without obscuring the text) any correction
noted in the certification.
(b) Proposed findings of fact, conclusions, and orders. Within 10
days (unless the judge shall have announced at the hearing a shorter or
longer period of time) after the transcript has been filed with the
hearing clerk, as provided in paragraph (a) of this section, each party
may file with the hearing clerk proposed findings of fact, conclusions,
and order, based solely upon the evidence of record, and briefs in
support thereof.
(c) Administrative Law Judge's decision. The judge, within a
reasonable time after the termination of the period allowed for the
filing of proposed findings of fact, conclusions, and orders, and briefs
in support thereof, shall prepare upon the basis of the record, and
shall file with the hearing clerk, his initial decision, a copy of which
shall be served by the hearing clerk, upon each of the parties. Such
decision shall become final without further proceedings 35 days after
the date of service thereof, unless there is an appeal to the Secretary
by a party to the proceeding: Provided, however, That no decision shall
be
[[Page 21]]
final for the purpose of judicial review except a final decision issued
by the Secretary pursuant to an appeal by a party to the proceeding.
[25 FR 5907, June 28, 1960, as amended at 38 FR 29799, Oct. 29, 1973]
Sec. 900.65 Appeals to Secretary: Transmittal of record.
(a) Filing of appeal. Any party who disagrees with a judge's
decision or any part thereof, may appeal the decision to the Secretary
by transmitting an appeal petition to the hearing clerk within 30 days
after service of said decision upon said party. Each issue set forth in
the appeal, and the arguments thereon, shall be separately numbered;
shall be plainly and concisely stated; and shall contain detailed
citations of the record, statutes, regulations and authorities being
relied upon in support thereof. The appeal petition shall be served upon
the other party to the proceeding by the hearing clerk.
(b) Argument before Secretary--(1) Oral argument. A party bringing
an appeal may request within the prescribed time period for filing such
appeal, an opportunity for oral argument before the Secretary. Failure
to make such request in writing, within the prescribed time period,
shall be deemed a waiver of oral argument. The Secretary, in his
discretion, may grant, refuse or limit any request for oral argument on
appeal.
(2) Scope of argument. Argument to be heard on appeal, whether oral
or in a written brief, shall be limited to the issues raised by the
appeal, except that if the Secretary determines that additional issues
should be argued, the parties shall be given reasonable notice of such
determination, so as to permit preparation of adequate arguments on all
the issues to be argued.
(c) Response. Within 20 days after service of an appeal brought by a
party to the proceeding, any other party may file a response in support
of or in opposition to such appeal.
(d) Transmittal of record. Whenever an appeal is filed by a party to
the proceeding, the hearing clerk shall transmit to the Secretary the
record of the proceeding. Such record shall include: The pleadings; any
motions and requests filed, and the rulings thereon; the transcript of
the testimony taken at the hearing, as well as the exhibits filed in
connection therewith; any statements filed under the shortened
procedure; any documents or papers filed in connection with prehearing
conferences; such proposed findings of fact, conclusions, and orders,
and briefs in support thereof, as may have been filed in connection with
the hearing; the judge's initial decision; and the appeal petition;
briefs in support thereof, and responses thereto as may have been filed
in the proceeding.
[38 FR 29799, Oct. 29, 1973]
Sec. 900.66 Consideration of appeal by the Secretary and issuance of
final order.
(a) Consideration of appeal. As soon as practicable after the
receipt of the record from the hearing clerk, or, in case oral argument
was had, as soon as practicable thereafter, the Secretary, upon the
basis of and after due consideration of the record, shall rule on the
appeal. If the Secretary decides that no change or modification of the
judge's decision is warranted, he may adopt the Judge's decision as the
final order of the Secretary, preserving any right of the party bringing
the appeal to seek judicial review of such decision in the proper forum.
At no stage of the proceeding between its institution and the issuance
of the order shall the Secretary discuss ex parte the merits of the
proceeding with any person who is connected with the proceeding in an
advocative or an investigative capacity, or with any representative of
such person: Provided, however, That the Secretary may discuss the
merits of the proceeding with such a person if all parties to the
proceeding, or their representatives, have been given an opportunity to
be present. If, notwithstanding the foregoing provisions of this
section, a memorandum or other communication from any party, or from any
person acting on behalf of any party, which relates to the merits of the
proceeding, receives the personal attention of the Secretary (or, if an
official other than the Secretary is to issue the order, then of such
other official) during the pendency of the proceeding, such memorandum
or communication shall be regarded as argument made in the proceeding
and shall be filed with the hearing clerk, who shall serve a copy
thereof upon the opposite party to file a reply thereto.
(b) Issuance of final order. A final order issued by the Secretary
shall be filed with the hearing clerk, who shall serve it upon the
parties: Provided, That, if the terms of the order differ substantially
from those proposed in the decision of the judge, the Secretary shall,
if he deems it advisable to do so, direct that a copy of the order be
served upon the parties as a tentative order; and, in such event,
opportunity shall be given the parties to file exceptions thereto and
written arguments or briefs in support of such exceptions. In such case,
if exceptions are filed within a period of time (to be fixed by the
Secretary but not to exceed 20 days) following the service of the
tentative order, the Secretary shall give consideration, to and shall
make such changes in the tentative order as he deems to be appropriate;
otherwise, the tentative order shall become final, as of the day
following the date of expiration of the period fixed for the filing of
exceptions.
[38 FR 29799, Oct. 29, 1973]
[[Page 22]]
Sec. 900.67 [Reserved]
Sec. 900.68 Applications for reopening hearings; for rehearings or
rearguments of proceedings; or for reconsideration of orders.
(a) Petition requisite--(1) Filing; service. An application for
reopening the hearing to take further evidence, or for rehearing or
reargument of the proceeding, or for reconsideration of the order shall
be made by petition addressed to the Secretary and filed with the
hearing clerk, who immediately shall notify and serve a copy thereof
upon the other party to the proceeding. Every such petition shall state
specifically the grounds relied upon.
(2) Petitions to reopen hearings. A petition to reopen the hearing
for the purpose of taking additional evidence may be filed at any time
prior to the issuance of the final order. Every such petition shall
state briefly the nature and purpose of the evidence to be adduced,
shall show that such evidence is not merely cumulative, and shall set
forth a good reason why such evidence was not adduced at the hearing.
(3) Petitions to rehear or reargue proceedings, or to reconsider
orders. A petition to rehear or reargue the proceeding or to reconsider
the final order shall be filed within 15 days after the date of the
service of such order. Every such petition shall state specifically the
matters claimed to have been erroneously decided, and alleged errors
must be briefly stated.
(b) Procedure for disposition of petitions. Within 10 days following
the service of any petition provided for in this section, the other
party to the proceeding shall file with the hearing clerk an answer
thereto. As soon as practicable thereafter, the Secretary shall announce
the decision granting or denying the petition. Unless the Secretary
shall determine otherwise, the issuance or operation of the order shall
not be stayed pending the decision of the Secretary upon the petition.
In the event that any such petition is granted by the Secretary, the
applicable rules of practice, as set out elsewhere in this subpart,
shall be followed.
Sec. 900.69 Filing; service; extensions of time; effective date of
filing; and computation of time.
(a) Filing; number of copies. Except as provided otherwise herein,
all documents or papers required or authorized in this subpart to be
filed with the hearing clerk shall be filed in quadruplicate: Provided,
That, if there are more than two parties to the proceeding, a sufficient
number of additional copies shall be filed so as to provide for service
upon all the parties to the proceeding. Any document or paper, required
or authorized in this subpart to be filed with the hearing clerk, shall,
during the course of an oral hearing, be filed with the judge.
(b) Service; proof of service. Copies of all such papers shall be
served upon the parties by the hearing clerk, by the judge, or by some
other employee of the Department or by a United States Marshal or his
deputy. Service shall be made either (1) by delivering a copy of the
document or paper to the individual to be served or to a member of the
partnership to be served or to the president, secretary, or other
executive officer or any director of the corporation, organization, or
association to be served, or to the attorney or agent of record of such
individual, partnership, corporation, organization, or association; or
(2) by leaving a copy of the document or paper at the principal office
or place of business of such individual, partnership, corporation,
organization, or association, or of his or its attorney or agent of
record; or (3) by registering and mailing a copy of the document or
paper, addressed to such individual, partnership, corporation,
organization, or association, or to his or its attorney or agent of
record, at his or its last known principal office, place of business, or
residence. Proof of service hereunder shall be made by the affidavit of
the person who actually made the service. The affidavit contemplated
herein shall be filed with the hearing clerk, and the fact of filing
thereof shall be noted on the docket of the proceeding.
(c) Extensions of time. The time for the filing of any documents or
papers required or authorized in this subpart to be filed may be
extended upon (1) a written stipulation between the parties, or (2) upon
the request of a party, by the judge before the transmittal of the
record to the Secretary, or by the Secretary at any other time if, in
the judgment of the Secretary or the judge, as the case may be, there is
good reason for the extension.
(d) Effective date of filing. Any document or paper, except a
petition filed pursuant to Sec. 900.52, required or authorized under
these rules to be filed shall be deemed to have been filed when it is
postmarked, or when it is received by the hearing clerk. Any petition
filed under Sec. 900.52 shall be deemed to be filed when it is received
by the hearing clerk.
(e) Computation of time. Sundays and Federal holidays shall be
included in computing the time allowed for the filing of any document or
paper: Provided, That, when such time expires on a Sunday or legal
holiday, such time shall be extended to include the next following
business day.
Sec. 900.70 Applications for interim relief.
(a) Filing the application. A person who has filed a petition
pursuant to Sec. 900.52 may by separate application filed with the
hearing clerk apply to the Secretary for an order
[[Page 23]]
postponing the effective date of, or suspending the application of, the
marketing order or any provision thereof, or any obligation imposed in
connection therewith, pending final determination of the proceeding.
(b) Contents of the application. The application shall contain a
statement of the facts upon which the relief is requested, including any
facts showing irreparable injury. The application must be signed and
sworn to by the petitioner and any facts alleged therein which are not
within his personal knowledge shall be supported by affidavits of a
person or persons having personal knowledge of such facts or by proper
documentary evidence thereof.
(c) Answer to application. Immediately upon receipt of the
application, the hearing clerk shall transmit a copy thereof, together
with all supporting papers, to the Administrator, who shall, within 20
days, or such other time fixed by the Secretary, after the filing of the
application file an answer thereto with the hearing clerk.
(d) Contents of answer. The answer shall contain a statement of the
objections, if any, of the Administrator to the application for interim
relief, and may be supported by affidavits and documentary evidence.
(e) Transmittal to Secretary. Upon receiving the answer of the
Administrator or upon the expiration of the time for filing the answer,
the hearing clerk shall transmit to the Secretary for his decision all
papers filed in connection with the application.
(f) Hearing and oral argument. The Secretary may, in his discretion,
permit oral argument or the taking of testimony in connection with such
application. However, unless written request therefor is filed with the
hearing clerk prior to the transmittal of the papers to the Secretary,
the parties shall be deemed to have waived oral argument and the taking
of testimony.
(g) Decision by Secretary. The Secretary may grant or deny the
application. Any action taken by the Secretary shall be in the form of
an order filed with the hearing clerk and shall contain a brief
statement of the reasons for the action taken. The hearing clerk shall
cause copies of the order to be served upon the parties.
Sec. 900.71 Hearing before Secretary.
The Secretary may act in the place and stead of a judge in any
proceeding hereunder. When he so acts the hearing clerk shall transmit
the record to the Secretary at the expiration of the period provided for
the filing of proposed findings of fact, conclusions and orders, and the
Secretary shall thereupon, after due consideration of the record, issue
his final order in the proceeding; Provided, That he may issue a
tentative order in which event the parties shall be afforded an
opportunity to file appeals before the issuance of the final order.
Subpart--Supplemental Rules of Practice for Marketing Orders, Marketing
Agreements, and Requirements Issued Pursuant to 7 U.S.C. 608b(b) and 7
U.S.C. 608e Covering Fruits, Vegetables, and Nuts
Authority: 7 U.S.C. 601-74.
Source: 61 FR 20717, May 8, 1996, unless otherwise noted.
Sec. 900.80 Words in the singular form.
Words in this subpart in the singular form shall be deemed to import
the plural, and vice versa, as the case may demand.
Sec. 900.81 Definitions.
As used in this subpart, the terms as defined in the act shall apply
with equal force and effect. In addition, unless the context otherwise
requires:
(a) The term Act means Public Act No. 10, 73 Congress (48 Stat. 31)
as amended and as reenacted and amended by the Agricultural Marketing
Agreement Act of 1937 (50 Stat. 246), as amended.
(b) The term Department means the United States Department of
Agriculture.
(c) The term Secretary means the Secretary of Agriculture of the
United States, or any officer or employee of the Department to whom
authority has heretofore been delegated, or to whom authority may
hereafter be delegated, to act in his stead.
(d) The term Administrator means the Administrator of the
Agricultural Marketing Service, with power to redelegate, or any officer
or employee of the Department to whom authority has been delegated or
may hereafter be delegated to act in his stead.
(e) The term proceeding means a proceeding before the Secretary
arising under sections 8a, 8b(b), 8c(14), 8e, 10(c) and 10(h).
(f) The term hearing means that part of the proceeding which
involves the submission of evidence.
(g) The term marketing agreement means any marketing agreement or
any amendment thereto which may be entered into pursuant to section 8b
of the act.
(h) The term marketing order means any order or any amendment
thereto which may be issued pursuant to section 8c of the act, and after
notice and hearing as required by said section.
(i) The term handler means any person who, by the terms of a
marketing order or marketing agreement, is subject thereto, or to whom a
marketing order or marketing agreement is sought to be made applicable.
(j) The term importer means any person who, by the terms of section
8e of the act, is subject thereto.
[[Page 24]]
(k) The term person means any individual, corporation, partnership,
association, or any other business unit.
Sec. 900.82 Stipulation procedures.
The Administrator, or the Administrator's representative, may, at
any time before the issuance of a complaint seeking a civil penalty
under the Act, enter into a stipulation with any handler or importer in
accordance with the following procedures:
(a) The Administrator, or the Administrator's representative, shall
give the handler or importer notice of the alleged violation of the
applicable marketing order or marketing agreement, or the requirements
issued pursuant to 7 U.S.C. 608b(b) and 7 U.S.C. 608e, and an
opportunity for a hearing thereon as provided by the Act;
(b) In agreeing to the proposed stipulation, the handler or importer
expressly waives the opportunity for a hearing and agrees to pay a
specified civil penalty within a designated time;
(c) The Administrator, or the Administrator's representative, agrees
to accept the specified civil penalty in settlement of the particular
matter involved if it is paid within the designated time;
(d) In cases where the handler or importer does not pay the
specified civil penalty within the designated time, or the handler or
importer does not agree to the stipulation, the Administrator may issue
an administrative complaint; and
(e) The civil penalty that the Administrator may have proposed in a
stipulation agreement shall have no bearing on the civil penalty amount
that the Department may seek in a formal administrative proceeding
against the same handler or importer for the same alleged violation.
Subpart--Procedure Governing Meetings To Arbitrate and Mediate Disputes
Relating to Sales of Milk or Its Products
Authority: Sec. 3, 50 Stat. 248; 7 U.S.C. 671.
Sec. 900.100 Words in the singular form.
Words in this subpart in the singular form shall be deemed to import
the plural, and vice versa, as the case may demand.
Sec. 900.101 Definitions.
As used in this subpart, the terms as defined in the Act shall apply
with equal force and effect. In addition, unless the context otherwise
requires:
(a) The term Act means section 3 of the Agricultural Marketing
Agreement Act of 1937, as amended (50 Stat. 248, as amended; 7 U.S.C.
671);
(b) The term Department means the United States Department of
Agriculture;
(c) The term Secretary means the Secretary of Agriculture of the
United States, or any officer or employee of the Department to whom
authority has heretofore been delegated, or to whom authority may
hereafter be delegated, to act in his stead;
(d) The term General Counsel means the General Counsel of the
Department;
(e) The term Administrator means the Administrator of the
Agricultural Marketing Service, with power to redelegate, or any officer
or employee of the Department to whom authority has been delegated or
may hereafter be delegated to act in his stead.
(f) The term Service means the Agricultural Marketing Service.
(g) The term Division means the Dairy Division of the Service.
(h) The term cooperative means any association, incorporated or
otherwise, which is in good faith owned or controlled by producers, or
organizations thereof, of milk or its products, and which is bona fide
engaged in the collective processing or preparing for market or handling
or marketing, in the current of interstate or foreign commerce, of milk
or its products;
(i) The term arbitrator means any officer or employee of the Service
designated by the Administrator, pursuant to the Act, to arbitrate a
bona fide dispute with reference to the terms and conditions of the sale
of milk or its products between a producer cooperative and purchasers,
handlers, processors, or distributors of milk or its products;
(j) The term mediator means any officer or employee of the Service
designated by the Administrator, pursuant to the act, to mediate a bona
fide dispute with reference to terms and conditions of the sale of milk
or its products between a producer cooperative and purchasers, handlers,
processors, or distributors of milk or its products;
(k) The term hearing clerk means the hearing clerk, United States
Department of Agriculture, Washington, DC.
[25 FR 5907, June 28, 1960, as amended at 26 FR 7797, Aug. 22, 1961, 28
FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972]
Sec. 900.102 Filing of applications for mediation or arbitration.
All applications for mediation or arbitration, all submissions, and
all correspondence regarding mediation or arbitration shall be addressed
to the Secretary, attention of the Division.
Sec. 900.103 Application for mediation.
An application for mediation by cooperative shall be in writing and
shall include the following information:
(a) Names in full of the parties to the dispute and their addresses;
(b) Description of the cooperative organization and business,
including copies of the
[[Page 25]]
articles of incorporation or association, bylaws, and membership
contract; information regarding the number of shares of outstanding
stock and the approximate portion owned by active producers; a statement
of the function performed in connection with the collective processing,
preparing, handling, or marketing of milk or its products; and data
relative to the distribution of membership by States, the distribution
by States of plant facilities for collecting, processing, or disposing
of milk or its products, and the business operations for the year last
past, including the total quantity of milk and its products handled by
the applicant and the proportion of that quantity that was sold in
States other than the States of production;
(c) Suggested time and place for meeting between parties and
mediator.
Sec. 900.104 Inquiry by the Administrator.
Upon receipt of an application for mediation, the Administrator,
through such officers or employees of the Service as he may designate,
may make any inquiry which is deemed to be necessary or proper in order
to determine whether a bona fide dispute exists.
Sec. 900.105 Notification.
The Administrator, acting on behalf of the Secretary will notify the
applicant as to whether he considers that mediation will effectuate the
purpose of the act and as to whether he will mediate.
Sec. 900.106 Assignment of mediator.
The Director of the Division shall assign a mediator, from the group
designated by the Administrator, to act in such capacity.
Sec. 900.107 Meetings.
All meetings held pursuant to Secs. 900.103 to 900.109 shall be held
with and under the direction of the mediator.
Sec. 900.108 Mediator's report.
The mediator, upon the completion of mediation proceedings, shall
submit to the Administrator a complete report on such proceedings.
Sec. 900.109 Mediation agreement.
An agreement arrived at by mediation shall not become effective
until approved by the Secretary, and the Secretary will not approve an
agreement if there is evidence of fraud, if there is a lack of evidence
to support the agreement, or if the agreement provides for any unfair
trade practice.
Sec. 900.110 Application for arbitration.
An application for arbitration by a cooperative shall be in writing
and shall contain the following information:
(a) Names in full of the parties to the dispute and their addresses;
(b) The same information required under Sec. 900.103(b);
(c) Concise statement of dispute to be submitted;
(d) Originals or certified copies of all contracts, if any, involved
in the dispute, and of correspondence which has passed between the
parties and of any other documents or information relied upon;
(e) Dates before which it is desired that the hearing shall be had
and the award shall become effective;
(f) Suggested time and place for arbitration hearing.
The applicant shall send a copy of the application to each other
party to the dispute.
Sec. 900.111 Inquiry by the Administrator.
Upon receipt of an application for arbitration, the Administrator,
through such officers or employees of the Service as he may designate,
may make any inquiry deemed to be necessary or proper in order to
determine whether a bona fide dispute exists, to assist the parties in
reducing the dispute to well-defined issues, and to select an arbitrator
who would be satisfactory to all parties.
Sec. 900.112 Notification.
The Administrator, acting on behalf of the Secretary, within a
reasonable time after the receipt of an application, will notify the
applicant as to whether he will grant the application.
Sec. 900.113 Submission.
Within a reasonable time after the receipt of the Administrator's
consent to arbitrate, the parties to the dispute shall file with the
Administrator a formal submission, which shall contain the following
information:
(a) Names in full of the parties;
(b) Addresses of the parties to whom all notifications and
communications concerning the arbitration shall be sent;
(c) Description of the organization and businesses of all parties to
the dispute, including sufficient information to show that the
cooperative is a bona fide one, and that the parties are engaged in
activities in the current of interstate or foreign commerce;
(d) Concise statement of the specific questions submitted and a
brief outline of the contentions of each party to the dispute, and a
statement as to the period of time during which the award shall be in
effect, said period to be not less than thirty days from the effective
date of the award;
(e) Name of arbitrator;
(f) Time and place of arbitration, including street address;
(g) Stipulation by the parties that they will produce any books,
records, and correspondence required by the arbitrator as being
necessary to a fair determination of the dispute;
[[Page 26]]
(h) Agreement by the parties that they will consider the award as
final and will comply therewith;
(i) Stipulation by the parties that arbitration is to take place
under rules and regulations issued by the Secretary, and that any such
rules and regulations pertaining to mediation and arbitration shall be
considered a part of the submission;
(j) Stipulation that a stenographic report of the proceedings must
be made.
The submission shall be signed by each party before a notary public,
and when the signature is that of an agent of a corporation or
cooperative association, the same shall be accompanied by evidence of
the authority to sign.
A submission may be withdrawn at any time before the award, and any
question held by the arbitrator to be a separable question may be
withdrawn before award by agreement of all parties. When any question is
so withdrawn, the parties shall file with the arbitrator the agreement
on that question reached by the parties, showing all the details
thereof, and the arbitrator shall include it in the record of the
arbitration.
Sec. 900.114 Designation of arbitrator.
The Administrator, after receiving the submission, will designate
one or more persons to act as arbitrator.
Sec. 900.115 Hearing.
The arbitrator shall have full discretion to conduct the hearing in
such manner as will, in his opinion, enable him to ascertain all the
facts in the case.
Parties to the dispute may appear in person or by duly accredited
agents and may be represented by counsel.
All relevant and material evidence may be presented. The arbitrator
shall not be bound by the legal rules of evidence.
The arbitrator, in the presence of the parties, may require the
production of books and records for examination by himself, but not for
examination of confidential information by other parties to the dispute
unless the party producing the same consents to its examination by the
other parties to the dispute.
No evidence offered by one party shall be received except in the
presence of all parties unless the parties so agree in a submission
specifying the nature of the evidence to be received.
Final determination as to what will be considered confidential
information shall be made by the arbitrator.
The arbitrator may request the opinions of economists, marketing
specialists, statisticians, lawyers, accountants, and other experts.
When more than two arbitrators are designated to hear a dispute, and
they disagree, the award of the majority shall be the final award. If
the arbitrators are evenly divided, there shall be no award.
A stenographic record of all the proceedings during an arbitration
must be made.
Sec. 900.116 Award.
An award shall be made within ten days after the close of the
hearing.
The award shall be in writing and shall cover only points of dispute
raised in the submission.
The arbitrator, in making the award, may use his own technical
knowledge in addition to the evidence submitted by the parties.
The award shall state the period during which it shall be in effect,
said period to be not less than thirty days from the effective date
thereof; and said period may be extended by agreement among the parties
upon notification thereof to the Administrator, unless or until the
Administrator withdraws his approval.
The arbitrator shall sign the award in the presence of a notary
public, or, when more than one arbitrator is designated the arbitrator
shall sign in the presence of each other.
Copies of the award shall be delivered to the parties by the
Division.
Sec. 900.117 Approval of award.
The award shall not become effective until approved by the
Secretary, and the Secretary will not approve an award if there is
evidence of fraud, or evidence of misconduct upon the part of the
arbitrator, or lack of evidence to support the award, or if the award
provides for any unfair trade practice.
Sec. 900.118 Costs.
The parties jointly shall pay for the stenographic record. A copy of
the record shall be furnished by the parties to the arbitrator and shall
be forwarded by him to the Administrator, ultimately to be filed in the
office of the hearing clerk.
The arbitrator shall not receive compensation for parties to the
dispute.
Subpart--Miscellaneous Regulations
Authority: Sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610.
Sec. 900.200 Definitions.
As used in this subpart, the terms as defined in the Act shall apply
with equal force and effect. In addition, unless the context otherwise
requires:
(a) The term Act means Public Act No. 10, 73d Congress (48 Stat.
31), as amended and as reenacted and amended by the Agricultural
Marketing Agreement Act of 1937 (50 Stat. 246, 7 U.S.C. 601), as
amended;
(b) The term Department means the United States Department of
Agriculture;
[[Page 27]]
(c) The term Secretary means the Secretary of Agriculture of the
United States, or any officer or employee of the Department to whom
authority has heretofore been delegated, or to whom authority may
hereafter be delegated, to act in his stead;
(d) The term General Counsel means the General Counsel of the
Department;
(e) The term Administrator means the Administrator of the
Agricultural Marketing Service, with power to redelegate, or any officer
or employee of the Department to whom authority has been delegated or
may hereafter be delegated to act in his stead.
(f) [Reserved]
(g) The term Federal Register means the publication provided for by
the Act of July 26, 1935 (49 Stat. 500), and acts supplementary thereto
and amendatory thereof;
(h) The term marketing agreement means any marketing agreement or
any amendment thereto which may be entered into pursuant to section 8b
of the Act;
(i) The term marketing order means any order or any amendment
thereto which may be issued pursuant to section 8c of the Act;
(j) The term person means any individual, corporation, partnership,
association, or any other business unit;
(k) The term official means the Secretary, any officer, employee, or
other person employed or appointed by the Department, and any agency or
agent appointed by the Secretary to administer a marketing agreement or
a marketing order, and any agent or employee of any such agency or
agent;
(l) The term information means and includes reports, books,
accounts, records, and the facts and information contained therein and
required to be furnished to or acquired by any official pursuant to the
provisions of any marketing agreement or marketing order.
[25 FR 5907, June 28, 1960, as amended at 26 FR 7796, Aug. 22, 1961; 28
FR 579, Jan. 23, 1963]
Sec. 900.201 Investigation and disposition of alleged violations.
Whenever the Administrator has reason to believe that any handler
has violated, or is violating, the provisions of any marketing order, he
may institute such investigation and, after due notice to such handler,
conduct such hearing in order to determine the facts as, in his opinion,
are warranted. If, in the opinion of the Administrator and the General
Counsel, the facts developed as a result of such investigation or
hearing warrant such action, the General Counsel shall refer the matter
to the Attorney General for appropriate action.
Sec. 900.210 Disclosures of information.
All information in the possession of any official which relates to
the business or property of any person, and which was furnished by, or
obtained from, such person pursuant to the provisions of any marketing
agreement or marketing order, shall be kept confidential and shall not
be disclosed, divulged, or made public, unless otherwise expressly
provided in said marketing agreement or marketing order, or unless said
person authorizes said official, in writing, to disclose such
information, except that:
(a) Such information may be disclosed, divulged, or made public if
it has been obtained from or furnished by a person who is not the person
to whose business or property such information relates or an employee of
such latter person, or if such information is otherwise required by law
to be furnished to an official;
(b) Such information may be furnished to other officials for use in
the regular course of their official duties;
(c) Such information may be combined and published in the form of
general statistical studies or data in which the identity of the person
furnishing such information or from whom it was obtained shall not be
disclosed;
(d) Such information may be disclosed upon lawful demand made by the
President or by either House of Congress or any committee thereof, or,
if the Secretary determines that such disclosure is not contrary to the
public interest, such information may be disclosed in response to a
subpena by any court of competent jurisdiction.
(e) Such information may be offered in evidence (whether or not it
has been obtained from or furnished by the person against whom it is
offered) by or on behalf of the Secretary, the United States, or the
official who obtained it or to whom it was furnished, in any
administrative hearing held pursuant to section 8c (15)(A) of the Act or
in any action, suit, or proceeding, civil or criminal, in which the
Secretary or the United States or any such official is a party, and (1)
which is instituted (i) for the purpose of enforcing or restraining the
violation of any marketing agreement or marketing order, or (ii) for the
purpose of collecting any penalty or forfeiture provided for in the act,
or (iii) for the purpose of collecting any monies due under a marketing
agreement or marketing order, or (2) in which the validity of any
marketing agreement or marketing order, or any provision of either, is
challenged or involved.
(f) Such information may be furnished to the duly constituted
authorities of any State, pursuant to a written agreement made under
authority of section 10(i) of the Act, to the extent that such
information is relevant to transactions within the regulatory
jurisdiction of such authorities.
Sec. 900.211 Penalties.
Any official who shall have violated the provisions of Sec. 900.210
by wilfully divulging, disclosing, or making public any information
[[Page 28]]
acquired by or furnished to or in the possession or custody of such
official pursuant to the provisions of a marketing agreement or
marketing order shall be subject to a penalty of $100 for each offense.
(The civil penalty provided in this section is prescribed under the
authority contained in sec. 10(c) of the Act (7 U.S.C. 610(c)); this
provision is not intended to supersede the provision in sec. 8d(2) of
the Act (7 U.S.C. 608d(2)) for criminal liability and removal from
office.
Subpart--Procedure for Conduct of Referenda To Determine Producer
Approval of Milk Marketing Orders To Be Made Effective Pursuant to
Agricultural Marketing Agreement Act of 1937, as Amended
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
Source: 30 FR 15412, Dec. 15, 1965, unless otherwise noted.
Sec. 900.300 General.
Unless otherwise prescribed, the procedure contained in this subpart
shall be applicable to each producer referendum conducted for the
purpose of ascertaining whether the issuance by the Secretary of a milk
marketing order is approved or favored, as required under the applicable
provisions of the Agricultural Marketing Agreement Act of 1937, as
amended (48 Stat. 31, as amended, 7 U.S.C. 601-674). The procedure in
this subpart replaces the procedure for conducting similar referenda (15
FR 5177) issued August 7, 1950.
Sec. 900.301 Definitions.
As used in this subpart and in all supplementary instructions,
forms, and documents, unless the context or subject matter otherwise
requires, the following terms shall have the following meanings:
(a) Act. ``Act'' means Public Act. No. 10, 73d Congress (48 Stat.
31), as amended and as re-enacted and amended by the Agricultural
Marketing Agreement Act of 1937 (50 Stat. 246), as amended.
(b) Department. ``Department'' means the United States Department of
Agriculture.
(c) Secretary. ``Secretary'' means the Secretary of Agriculture of
the United States, or any officer or employee of the Department to whom
authority has heretofore been delegated, or to whom authority may
hereafter be delegated, to act in his stead.
(d) Administrator. ``Administrator'' means the Administrator of the
Agricultural Marketing Service, with power to redelegate, or any officer
or employee of the Department to whom authority has been delegated or
may hereafter be delegated to act in his stead.
(e) Person. ``Person'' includes any individual, partnership,
corporation, association, and any other business unit.
(f) Order. ``Order'' means the marketing order (including an
amendatory order) with respect to which the Secretary has directed that
a referendum be conducted.
(g) Producer. ``Producer'' means any person who is a dairy farmer
and who, during the representative period, met the requirements of the
term ``producer'' as defined in the order had such order been in effect
during the representative period.
(h) Handler. ``Handler'' means any person who, during the
representative period, met the requirements of the term ``handler'' as
defined in the order had such order been in effect during the
representative period.
(i) Referendum agent. ``Referendum agent'' means the person
designated by the Secretary to conduct the referendum.
(j) Representative period. ``Representative period'' means the
period designated by the Secretary pursuant to section 8c of the act (7
U.S.C. 608c).
(k) Cooperative association. ``Cooperative association'' means any
association of producers that the administrator has found to be
qualified pursuant to section 608c(12) of the Act.
[30 FR 15412, Dec. 5, 1965, as amended at 37 FR 8059, Apr. 25, 1972]
Sec. 900.302 Associations eligible to vote.
(a) Any association of producers, not previously determined to be a
cooperative association may file an application for a determination as
to whether it is a cooperative association and thus eligible to vote in
a referendum. Such application shall be filed with the Administrator at
least 60 days prior to the holding of the referendum: Provided, however,
That the Administrator may permit the filing of an application in less
than 60 days when, in the opinion of the Administrator, such filing
would not delay the conduct of the referendum.
(b) Within a time fixed by the referendum agent, but not later than
5 days prior to the final date for balloting, each cooperative
association electing to vote shall, upon the request of the referendum
agent, furnish to him a certified list showing the name and address of
each producer for whom it claims the right to vote and the plant at
which such person's milk was received during the representative period.
Sec. 900.303 Conduct of referendum.
The referendum shall be conducted by mail in the manner prescribed
in this subpart. The referendum agent may utilize such personnel or
agencies of the Department as are deemed necessary by the Administrator.
[[Page 29]]
Sec. 900.304 Who may vote.
(a) Each producer shall be entitled to only one vote and to cast one
ballot in each referendum; and no person who may claim to be a producer
shall be refused a ballot. Each producer casting more than one ballot
with conflicting votes shall thereby invalidate all ballots cast by such
producer in such referendum. Each ballot cast shall contain a
certification by the person casting the ballot that he is a producer.
(b) Except as provided in section 8c(5)(B) of the Act, as amended,
any cooperative association eligible under Sec. 900.302 may, if it
elects to do so, vote and cast one ballot for producers who are members
of, stockholders in, or under contract with, such cooperative
association. A cooperative association shall submit with its ballot, a
certified copy of the resolution authorizing the casting of the ballot.
Each such cooperative association entitled to vote in a referendum
casting more than one ballot with conflicting votes shall thereby
invalidate all ballots cast by such voter in such referendum.
(c) Voting by proxy or agent, or in any manner, except by the
producer or cooperative association will not be permitted; however, a
producer which is other than an individual may cast its ballot by a
person who is duly authorized and such ballot shall contain a
certification by such person that the person on whose behalf the ballot
is cast is a producer.
Sec. 900.305 Duties of referendum agent.
The referendum agent shall also:
(a) For purposes of mailing, prepare a record of producers which
will disclose the name of each such person, his address, the name of the
handler who received the producer's milk during the representative
period, and the name of the cooperative association, if any, which
claims the right to vote for the producer. Such record may be compiled
from readily available sources, including the following:
(1) Records of the Department;
(2) Producer records supplied by handlers;
(3) Health authority records;
(4) Certifications signed by dairy farmers who claim to be
producers;
(5) Any other reliable sources of information which may be available
to the referendum agent.
(b) Apply, as a guide, the following criteria in preparing a record
of producers:
(1) When the order requires approval by an appropriate health
authority before a person meets the definition of producer, only those
persons having such approval and who otherwise meet the definition may
be regarded as producers. When the definition of producer requires the
shipment of milk to a handler or a plant as well as health authority
approval, only those persons having such approval and whose milk was
received by a handler or at a plant may be regarded as producers.
(2) When the order requires shipment to a handler or to a plant,
without regard to health authority approval, a person may not be
regarded as a producer, except as provided in paragraph (b)(6) of this
section, unless his name appears on the handler's producer records.
(3) In the case of a producer that is other than an individual, the
business unit shall be regarded as the producer.
(4) No person may be included in the record more than once although
he may operate more than one farm, hold more than one health authority
approval, or appear on more than one handler's producer records.
(5) In the event the health authority records are not available, are
inaccurate, or are incomplete, the appearance of the producer's name on
a handler's records as an approved producer shall be prima facie
evidence of health authority approval.
(6) In the event any handler refuses or fails to make his records
available to the referendum agent, a certification signed by the
producer shall be regarded by the referendum agent as prima facie
evidence that such person is eligible to vote.
(c) Verify the information supplied by each cooperative association
which wishes to vote on behalf of producers, as follows:
(1) Examine the records of the cooperative association for the
prupose of ascertaining whether each producer claimed by the cooperative
association is a member of, stockholder in, or under contract with the
cooperative association.
(2) Identify the persons ascertained to be members of, stockholders
in, or under contract with a cooperative association which wishes to
vote on behalf of its producers with the names of producers which appear
on the record compiled pursuant to paragraph (a) of this section.
(3) In determining whether a cooperative association may vote on
behalf of a producer the following criteria shall be used:
(i) The cooperative association may vote for each producer who is a
member of, stockholder in, or under contract with such cooperative
association on the date of the order directing that the referendum be
conducted.
(ii) The cooperative association may cast only one ballot for all
such producers.
(iii) Whenever more than one cooperative association claims the
right to vote for a producer only the cooperative association which
furnished evidence satisfactory to the referendum agent that such
association was in fact marketing the milk of the producer on the date
of the referendum order may vote for such producer.
Sec. 900.306 Notice of the referendum.
(a) The referendum agent shall at least 5 days prior to the final
date for balloting:
[[Page 30]]
(1) Mail to each cooperative association which has elected to cast a
ballot on behalf of its producers and to each of all other known
producers, a notice of the referendum which will include instructions
for completing the ballot, a statement as to the time within which the
ballot must be mailed to, and received by, the referendum agent, a copy
of the final decision, and a ballot containing a description of the
terms and conditions of the order.
(2) Give public notice of the referendum:
(i) By furnishing press releases and other information to available
media of public information (including but not limited to press, radio,
and television facilities) serving the area, announcing the time within
which ballots must be completed and mailed to and received by the
referendum agent, eligibility requirements, where additional information
may be procured, and other pertinent information; and
(ii) By such other means as said agent may deem advisable.
Sec. 900.307 Time for voting.
There shall be no voting except within the time specified by the
referendum agent as stated in the notice of the referendum.
Sec. 900.308 Tabulation of ballots.
(a) General. The referendum agent shall verify the information
supplied with each ballot. If he ascertains that the person who cast the
ballot was eligible to do so, that the ballot is complete and was mailed
and received within the prescribed time, the ballot shall be eligible to
be counted. If the referendum agent ascertains that the person who cast
the ballot was not eligible to do so, or if the producer who cast the
ballot was a member of, stockholder in, or under contract with a
cooperative association which cast a valid ballot, or if the ballot is
not completed or cast in accordance with instructions, or if the ballot
was not mailed to or received by the referendum agent within the
prescribed time, the ballot shall be marked ``disqualified'' with a
notation on the ballot as to the reason for the disqualification. The
total number of ballots cast, including the disqualified ballots, shall
be ascertained. The number of eligible ballots cast approving and the
number of eligible ballots cast disapproving the issuance of the order
shall also be ascertained. The ballots marked ``disqualified'' shall not
be considered as approving or disapproving the issuance of the order,
and the persons who cast such ballots shall not be regarded as
participating in the referendum.
(b) Individual-handler pool provisions. Whenever separate approval
of the pooling provisions of the order is required by section
608c(5)(B)(i) of the Act, any ballot which approves the issuance of the
order and disapproves the pooling provisions, or approves the pooling
provisions and disapproves the issuance of the order, shall be
disqualified; and the referendum agent shall mark the ballot
accordingly.
(c) Record of results of the referendum. The referendum agent shall
notify the Administrator of the number of eligible ballots cast, the
count of the votes, the number of disqualified ballots and the number of
producers who were eligible to cast ballots. The referendum agent shall
seal the ballots, including those marked ``disqualified'', the list of
eligible voters and tabulation of ballots, and shall transmit to the
Administrator a complete detailed report of all action taken in
connection with the referendum together with all the ballots cast and
all other information furnished to or compiled by the referendum agent.
(d) Announcement of the results of the referendum. Announcement of
the results of the referendum will be made only at the direction of the
Secretary. The referendum agent, or others who assist in the referendum,
shall not disclose the results of the referendum or the total number of
ballots cast.
Sec. 900.309 Confidential information.
The ballots cast, the identity of any person who voted, or the
manner in which any person voted and all information furnished to,
compiled by, or in the possession of the referendum agent, shall be
regarded as confidential.
Sec. 900.310 Supplementary instructions.
The Administrator is authorized to issue instructions and to
prescribe forms and ballots, not inconsistent with the provisions of
this subpart, to govern the conduct of referenda by referendum agents.
Sec. 900.311 Submittals or requests.
Interested persons may secure information or make submittals or
requests to the Administrator with respect to the provisions contained
in this subpart.
Subpart--Procedure for Determining the Qualification of Cooperative Milk
Marketing Associations
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
Source: 32 FR 9821, July 6, 1967, unless otherwise noted.
Sec. 900.350 General statement.
Cooperative marketing associations apply for qualification by the
Secretary under the Federal milk order program for certain privileges
and exemptions. These privileges and exemptions are expressed in the
Agricultural Marketing Agreement Act of 1937 (50
[[Page 31]]
Stat. 246) as amended, and the milk marketing orders issued pursuant to
its provisions.
Sec. 900.351 Applications for qualification.
Any association of producers may apply for determinations as to
whether it is a qualified cooperative association with authority to
represent producers in order referendums; has authorization to collect
payment from handlers for members' milk; and is rendering specified
marketing services to producers. Applicant associations should supply
information for these determinations, using as a guide Application Form
DA-25. The application form may be obtained from the Dairy Division,
Agricultural Marketing Service, United States Department of Agriculture,
Washington, DC 20250. Determinations required of the Secretary of
Agriculture, or the Administrator of the Agricultural Marketing Service,
by delegation are made by the Director of the Dairy Division. Once
issued they are valid until amended, suspended or terminated.
Sec. 900.352 Confidential information.
The documents and other information submitted by an applicant
association and otherwise obtained by investigation, examination of
books, documents, papers, records, files and facilities, and in reports
filed subsequent to initial determinations of qualification, shall be
regarded as confidential and shall be governed by Sec. 900.210.
Sec. 900.353 Qualification standards.
Statutory requirements for qualification of cooperative associations
are provided in subsections (5) and (12) of section 608c of the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601
et seq.). The association must: (a) Be a cooperative marketing
association of producers, qualified under the provisions of the Act of
Congress of February 18, 1922, as amended, known as the ``Capper-
Volstead Act,'' (7 U.S.C. 291, 292); (b) have its entire organization
and all of its activities under the control of its members; (c) have
full authority in the sale of its members' milk; and (d) be engaged in
making collective sales or marketing of milk or milk products for the
producers thereof. Qualification for exemption from deductions for
marketing service payments under specific marketing orders and payment
for milk of members under specific orders shall be determined in
accordance with the terms of the respective marketing orders.
Sec. 900.354 Inspection and investigation.
The Secretary of Agriculture, or his duly authorized representative,
shall have the right, at any time after an application is received, to
examine all books, documents, papers, records, files and facilities of
the association, to verify any of the information submitted and to
procure such other information as may be required to determine whether
the association is qualified in accordance with its application.
Sec. 900.355 Annual reporting.
Determinations of qualification for privileges and exemptions are
subject to amendment, termination or suspension if the association does
not currently meet the qualification standards. An association found to
be qualified pursuant to the Act is required to file an annual report
after its annual meeting has been held following the close of its fiscal
year. Form DA-24 is used for this purpose. The report form is available
at the Dairy Division, Agricultural Marketing Service, U.S. Department
of Agriculture, Washington, DC 20250. The association is required to
file a copy of its report with the Dairy Division at Washington and with
the market administrator of each order under which it operates.
Sec. 900.356 Listing of qualified associations.
A copy of each determination of qualification is furnished to the
respective association. Copies are also filed in the Dairy Division,
Agricultural Marketing Service, and with the Hearing Clerk, Office of
the Secretary, U.S. Department of Agriculture, Washington, DC 20250,
where they are available for public inspection. A list of qualified
associations engaged in marketing milk under a particular milk marketing
order is maintained at the office of the market administrator of the
order.
Sec. 900.357 Denial of application; suspension or revocation of
determination of qualification.
Any cooperative association whose application has been wholly or
partially denied, or whose determination of qualification has been
wholly or partly revoked or suspended, may petition the Secretary for a
review of such action. Such petition shall state facts relevant to the
matter for which review is sought. After due notice to such cooperative
association, the Director of the Dairy Division, or in his absence the
Acting Director, shall hold, in the manner hereinafter specified, an
informal hearing.
(a) Notice. Notice shall be given in writing and shall be mailed to
the last known address of the association, or of an officer thereof, at
least 3 days before the date set for a hearing. Such notice shall
contain: A statement of the time and place of the hearing, said place to
be as convenient to the association as can reasonably be arranged, and
may contain a statement of the reason for calling the hearing and the
nature of the questions upon which evidence is desired or upon which
argument may be presented.
[[Page 32]]
(b) Parties. Hearings are not to be public and are to be attended
only by representatives of the association and of the Government, and
such other persons as either the association or the Government desires
to have appear for purposes of submitting information or as counsel.
(c) Conduct of hearing. The Director or Acting Director of the Dairy
Division, or a person designated by him, shall preside at the hearing.
The hearing shall be conducted in such manner as will be most conducive
to the proper disposition of the matter. Written statements or briefs
may be filed by the association within the time specified by the
presiding officer.
(d) Preliminary report. The presiding officer shall prepare a
preliminary report setting forth a recommendation as to what action
shall be taken and the basis for such action. A copy of said report
shall be served upon the association by mail or in person. The
association may file exceptions to said report within 10 days after
service thereof.
(e) Final report. After due consideration of all the facts and the
exceptions, if any, the Director of the Dairy Division shall issue a
final report setting forth the action to be taken and the basis for such
action.
Subpart--Procedure for the Conduct of Referenda in Connection With
Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the
Agricultural Marketing Agreement Act of 1937, as Amended
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
Source: 30 FR 15414, Dec. 15, 1965, unless otherwise noted.
Sec. 900.400 General.
Referenda for the purpose of ascertaining whether the issuance by
the Secretary of Agriculture of a marketing order to regulate the
handling of any fruit, vegetable, or nut, or product thereof, or the
continuance or termination of such an order, is approved or favored by
producers or processors shall, unless supplemented or modified by the
Secretary, be conducted in accordance with this subpart.
Sec. 900.401 Definitions.
(a) Act means Public Act No. 10, 73d Congress (48 Stat. 31), as
amended, and as reenacted and amended by the Agricultural Marketing
Agreement Act of 1937 (50 Stat. 246), as amended (7 U.S.C. 601-674).
(b) Secretary means the Secretary of Agriculture of the United
States, or any officer or employee of the Department to whom authority
has heretofore been delegated, or to whom authority may hereafter be
delegated, to act in his stead; and Department means the United States
Department of Agriculture.
(c) Administrator means the Administrator of the Agricultural
Marketing Service, with power to redelegate, or any officer or employee
of the Department to whom authority has been delegated or may hereafter
be delegated to act in his stead.
(d) Order means the marketing order (including an amendatory order)
with respect to which the Secretary has directed that a referendum be
conducted.
(e) Referendum agent means the individual or individuals designated
by the Secretary to conduct the referendum.
(f) Representative period means the period designated by the
Secretary pursuant to section 8c of the Act (7 U.S.C. 608c).
(g) Person means any individual, partnership, corporation,
association, or other business unit. For the purpose of this definition,
the term ``partnership'' includes (1) a husband and wife who have title
to, or leasehold interest in, land as tenants in common, joint tenants,
tenants by the entirety, or, under community property laws, as community
property, and (2) so-called ``joint ventures,'' wherein one or more
parties to the agreement, informal or otherwise, contributed capital and
others contribute labor, management, equipment, or other services, or
any variation of such contributions by two or more parties, so that it
results in the growing of the commodity for market and the authority to
transfer title to the commodity so produced.
(h) Producer means any person defined as a producer in the order
who: (1) Owns and farms land, resulting in his ownership of the
commodity produced thereon; (2) rents and farms land, resulting in his
ownership of all or a portion of the commodity produced thereon; or (3)
owns land which he does not farm and, as rental for such land, obtains
the ownership of a portion of the commodity produced thereon. Ownership
of, or leasehold interest in, land and the acquisition, in any manner
other than as hereinbefore set forth, of legal title to the commodity
grown thereon shall not be deemed to result in such owners or lessees
becoming producers.
[30 FR 15414, Dec. 15, 1965, as amended at 37 FR 8059, Apr. 25, 1972]
Sec. 900.402 Voting.
(a) Each person who is a producer, as defined in this subpart, at
the time of the referendum and who also was a producer during the
representative period, shall be entitled to only one vote in the
referendum, except that: (1) In a landlord-tenant relationship, wherein
each of the parties is a producer, each such producer shall be entitled
to one vote in the referendum; and (2) a cooperative association of
producers, bona fide engaged in marketing the commodity or product
[[Page 33]]
thereof proposed to be regulated, or in rendering services for or
advancing the interest of the producers of such commodity or product,
may, if it elects to do so, vote, both by number and total volume, for
the producers who are members of, stockholders in, or under contract
with such association.
(b) Whenever, as required by the act, processors vote on the
issuance of an order, each processor who is engaged in canning or
freezing within the production area of the commodity covered by the
order shall be entitled to vote in the referendum the quantity of such
commodity canned or frozen within the production area for market by him
during the representative period determined by the Secretary.
(c) Proxy voting is not authorized but an officer or employee of a
corporate producer, processor or cooperative association, or an
administrator, executor or trustee of a producing estate may cast a
ballot on behalf of such producer, processor, estate, or cooperative
association. Any individual so voting in a referendum shall certify that
he is an officer or employee of the producer, processor, or cooperative
association, or an administrator, executor, or trustee of a producing
estate, and that he has the authority to take such action. Upon request
of the referendum agent, the individual shall submit adequate evidence
of such authority.
(d) Each producer, cooperative association of producers, and
processor entitled to vote in a referendum shall be entitled to cast one
ballot in the referendum. Each producer, cooperative association of
producers, and processor casting more than one ballot with conflicting
votes shall thereby invalidate all ballots cast by such producer,
cooperative association of producers, or processor in such referendum.
Sec. 900.403 Instructions.
The referendum agent shall conduct the referendum, in the manner
herein provided, under supervision of the Administrator. The
Administrator may prescribe additional instructions, not inconsistent
with the provisions hereof, to govern the procedure to be followed by
the referendum agent. Such agent shall:
(a) Determine the time of commencement and termination of the period
of the referendum, and the time prior to which all ballots must be cast.
(b) Determine whether ballots may be cast by mail, at polling
places, at meetings of producers or processors, or by any combination of
the foregoing.
(c) Provide ballots and related material to be used in the
referendum. Ballot material shall provide for recording essential
information for ascertaining (1) whether the person voting, or on whose
behalf the vote is cast, is an eligible voter, and (2) the total volume
(i) produced for market during the representative period, or (ii) canned
or frozen for market during the representative period.
(d) Give reasonable advance notice of the referendum (1) by
utilizing without advertising expense available media of public
information (including, but not being limited to, press and radio
facilities) serving the production area, announcing the dates, places,
or methods of voting, eligibility requirements, and other pertinent
information, and (2) by such other means as said agent may deem
advisable.
(e) Make available to producers and the aforesaid cooperative
associations which indicate to the agent their intentions to vote, and
to processors when required, instructions on voting, appropriate ballot
and certification forms, and, except in the case of a referendum on the
termination or continuance of an order, the text of the proposed order
and a summary of its terms and conditions: Provided, That no person who
claims to be qualified to vote shall be refused a ballot.
(f) If ballots are to be cast by mail, cause all the material
specified in paragraph (e) of this section to be mailed to each producer
(and processor when required) whose name and address is known to the
referendum agent.
(g) If ballots are to be cast at polling places or meetings,
determine the necessary number of polling or meeting places, designate
them, announce the time of each meeting or the hours during which each
polling place will be open, provide the material specified in paragraph
(e) of this section, and provide for appropriate custody of ballot forms
and delivery to the referendum agent of ballots cast.
(h) At the conclusion of the referendum, canvass the ballots,
tabulate the results, and, except as otherwise directed, report the
outcome to the Administrator and promptly thereafter submit the
following:
(1) All ballots received by the agent and appointees, together with
a certificate to the effect that the ballots forwarded are all of the
ballots cast and received by such persons during the referendum period;
(2) A list of all challenged ballots deemed to be invalid; and
(3) A tabulation of the results of the referendum and a report
thereon, including a detailed statement explaining the method used in
giving publicity to the referendum and showing other information
pertinent to the manner in which the referendum was conducted.
Sec. 900.404 Subagents.
The referendum agent may appoint any person or persons deemed
necessary or desirable to assist said agent in performing his functions
hereunder. Each person so appointed may be authorized by said agent to
[[Page 34]]
perform, in accordance with the requirements herein set forth, any or
all of the following functions (which, in the absence of such
appointment, shall be performed by said agent):
(a) Give public notice of the referendum in the manner specified
herein;
(b) Preside at a meeting where ballots are to be cast or as poll
officer at a polling place;
(c) Distribute ballots and the aforesaid texts to producers (and to
processors when required) and receive any ballots which are cast; and
(d) Record the name and address of each person receiving a ballot
from, or casting a ballot with, said subagent and inquire into the
eligibility of such person to vote in the referendum.
Sec. 900.405 Ballots.
The referendum agent and his appointees shall accept all ballots
cast; but, should they, or any of them, deem that a ballot should be
challenged for any reason, said agent or appointee shall endorse above
his signature, on said ballot, a statement to the effect that such
ballot was challenged, by whom challenged, the reasons therefor, the
results of any investigations made with respect thereto, and the
disposition thereof. Invalid ballots shall not be counted.
Sec. 900.406 Referendum report.
Except as otherwise directed, the Administrator shall prepare and
submit to the Secretary a report on results of the referendum, the
manner in which it was conducted, the extent and kind of public notice
given, and other information pertinent to analysis of the referendum and
its results.
Sec. 900.407 Confidential information.
All ballots cast and the contents thereof (whether or not relating
to the identity of any person who voted or the manner in which any
person voted) and all information furnished to, compiled by, or in
possession of, the referendum agent shall be treated as confidential.
Subpart--Public Information
Authority: 5 U.S.C. 301, 552.
Source: 40 FR 20267, May 9, 1975, unless otherwise noted.
Availability of Program Information, Staff Manuals and Instructions, and
Related Material
Sec. 900.500 General.
This subpart is issued in accordance with the regulations of the
Secretary of Agriculture in part 1, subpart A, of subtitle A of this
title (7 CFR 1.1-1.16), and appendix A thereto, implementing the Freedom
of Information Act (5 U.S.C. 552). The Secretary's regulations, as
implemented by the regulations of this subpart, govern the availability
of records of AMS to the public.
Sec. 900.501 Public inspection and copying.
(a) Facilities for public inspection and copying of the indexes and
materials required to be made available under Sec. 1.2(a) of this title
will be provided by AMS during normal hours of operation. Request for
this information should be made to the Freedom of Information Act
Officer at the following address:
Freedom of Information Act Officer, Agricultural Marketing Service,
United States Department of Agriculture, Washington, DC 20250.
(b) Copies of such material may be obtained in person or by mail.
Applicable fees for copies will be charged in accordance with the
regulations prescribed by the Director, Office of Operations and
Finance, USDA.
[44 FR 39151, July 5, 1979]
Sec. 900.502 Indexes.
Pursuant to the regulations in Sec. 1.4(b) of this title, AMS will
maintain and make available for public inspection and copying current
indexes of all material required to be made available in Sec. 1.2(a) of
this title. Notice is hereby given that publication of these indexes is
unnecessary and impractical, since the material is voluminous and does
not change often enough to justify the expense of publication.
[44 FR 39151, July 5, 1979]
Sec. 900.503 Request for records.
(a) Requests for records under 5 U.S.C. 552(a)(3) shall be made in
accordance with Sec. 1.3(a) of this title. Authority to make
determinations regarding initial requests in accordance with Sec. 1.4(c)
of this title is delegated to the Freedom of Information Act Officer of
AMS. Requests should be submitted to the FOIA Officer at the following
address:
Freedom of Information Act Officer (FOIA Request), Agricultural
Marketing Service, United States Department of Agriculture, Washington,
DC 20250.
(b) The request shall identify each record with reasonable
specificity as prescribed in Sec. 1.3 of this title.
(c) The FOIA Officer is authorized to receive requests and to
exercise the authority to (1) make determinations to grant requests or
deny initial requests, (2) extend the administrative deadline, (3) make
discretionary release of exempt records, and (4) make determinations
regarding charges pursuant to the fee schedule.
[44 FR 39151, July 5, 1979]
[[Page 35]]
Sec. 900.504 Appeals.
Any person whose request under Sec. 900.503 above is denied shall
have the right to appeal such denial in accordance with Sec. 1.3(e) of
this title. Appeals shall be addressed to the Administrator,
Agricultural Marketing Service, U.S. Department of Agriculture,
Washington, DC 20250.
Subpart--Information Collection
Authority: 44 U.S.C. Ch. 35.
Sec. 900.600 General.
This subpart shall contain such requirements as pertain to the
information collection provisions under the Paperwork Reduction Act of
1995.
[63 FR 10492, Mar. 4, 1998]
Sec. 900.601 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
(a) Purpose. This section collects and displays the control numbers
assigned to information collection requirements by the Office of
Management and Budget contained in 7 CFR parts 905 through 998 under the
Paperwork Reduction Act of 1995.
(b) Display.
------------------------------------------------------------------------
Current
OMB
7 CFR part where identified and described control
No.
------------------------------------------------------------------------
905, Florida Oranges, Grapefruit Tangerines, Tangelos....... 0581-0094
906, Texas Oranges & Grapefruit............................. 0581-0068
911, Florida Limes.......................................... 0581-0091
915, Florida Avocados....................................... 0581-0078
916, California Nectarines.................................. 0581-0072
917, California Pears and Peaches........................... 0581-0080
920, California Kiwifruit................................... 0581-0149
922, Washington Apricots.................................... 0581-0095
923, Washington Sweet Cherries.............................. 0581-0133
924, Washington-Oregon Fresh Prunes......................... 0581-0134
925, S.E. California Desert Grapes.......................... 0581-0109
927, Oregon-Washington-California Winter Pears.............. 0581-0089
928, Hawaiian Papayas....................................... 0581-0102
929, Cranberries Grown in Designated States................. 0581-0103
930, Red Tart Cherries...................................... 0581-0177
931, Oregon-Washington Bartlett Pears....................... 0581-0092
932, California Olives...................................... 0581-0142
945, Idaho-Eastern Oregon Potatoes.......................... 0581-0178
946, Washington Potatoes.................................... 0581-0178
947, Oregon-California Potatoes............................. 0581-0178
948, Colorado Potatoes...................................... 0581-0178
953, Southeastern Potatoes.................................. 0581-0178
955, Vidalia Onions......................................... 0581-0178
956, Walla Walla Onions..................................... 0581-0178
958, Idaho-Oregon Onions.................................... 0581-0178
959, South Texas Onions..................................... 0581-0178
966, Florida Tomatoes....................................... 0581-0178
979, South Texas Melons..................................... 0581-0178
981, California Almonds..................................... 0581-0071
982, Oregon-Washington Hazelnuts............................ 0581-0178
984, California Walnuts..................................... 0581-0178
985, Spearmint Oil.......................................... 0581-0065
987, California Dates....................................... 0581-0178
989, California Raisins..................................... 0581-0178
993, California Dried Prunes................................ 0581-0178
997, Domestic Peanuts Not Covered Under the Peanut Marketing 0581-0163
Agreement..................................................
998, Domestic Peanuts Covered Under the Peanut Marketing 0581-0067
Agreement..................................................
------------------------------------------------------------------------
[63 FR 10492, Mar. 4, 1998]
[[Page 37]]
PART 1000--GENERAL PROVISIONS OF FEDERAL MILK MARKETING ORDERS--Table of Contents
Subpart A--Scope and Purpose
Sec.
1000.1 Scope and purpose of this part 1000.
Subpart B--Definitions
1000.2 General definitions.
1000.3 Route disposition.
1000.4 Plant.
1000.5 Distributing plant.
1000.6 Supply plant.
1000.8 Nonpool plant.
1000.9 Handler.
1000.14 Other source milk.
1000.15 Fluid milk product.
1000.16 Fluid cream product.
1000.17 [Reserved]
1000.18 Cooperative association.
1000.19 Commercial food processing establishment.
Subpart C--Rules of Practice and Procedure Governing Market
Administrators
1000.25 Market administrator.
Subpart D--Rules Governing Order Provisions
1000.26 Continuity and separability of provisions.
Subpart E--Rules of Practice and Procedure Governing Handlers
1000.27 Handler responsibility for records and facilities.
1000.28 Termination of obligations.
Subpart F--Classification of Milk
1000.40 Classes of utilization.
1000.41 [Reserved]
1000.42 Classification of transfers and diversions.
1000.43 General classification rules.
1000.44 Classification of producer milk.
1000.45 Market administrator's reports and announcements concerning
classification.
Subpart G--Class Prices
1000.50 Class prices, component prices, and advanced pricing factors.
1000.51 [Reserved]
1000.52 Adjusted Class I differentials.
1000.53 Announcement of class prices, component prices, and advanced
pricing factors.
1000.54 Equivalent price.
Subpart H--Payments for Milk
1000.70 Producer-settlement fund.
1000.76 Payments by a handler operating a partially regulated
distributing plant.
1000.77 Adjustment of accounts.
1000.78 Charges on overdue accounts.
Subpart I--Administrative Assessment and Marketing Service Deduction
1000.85 Assessment for order administration.
1000.86 Deduction for marketing services.
Subpart J--Miscellaneous Provisions
1000.90 Dates.
1000.91 [Reserved]
1000.92 [Reserved]
1000.93 OMB control number assigned pursuant to the Paperwork Reduction
Act.
Authority: 7 U.S.C. 601-674, and 7253.
Source: 64 FR 47899, Sept. 1, 1999, unless otherwise noted.
Subpart A--Scope and Purpose
Sec. 1000.1 Scope and purpose of this part 1000.
This part sets forth certain terms, definitions, and provisions
which shall be common to and apply to Federal milk marketing order in 7
CFR, chapter X, except as specifically defined otherwise, or modified,
or otherwise provided, in an individual order in 7 CFR, chapter X.
Subpart B--Definitions
Sec. 1000.2 General definitions.
(a) Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (7 U.S.C. 601 et seq.).
(b) Order or Federal milk order means the applicable part of 7 CFR,
chapter X, issued pursuant to Section 8c of the Act as a Federal milk
marketing order (as amended).
(c) Department means the U.S. Department of Agriculture.
(d) Secretary means the Secretary of Agriculture of the United
States or any officer or employee of the Department to whom authority
has heretofore been delegated, or to whom authority may hereafter be
delegated, to act in his stead.
[[Page 38]]
(e) Person means any individual, partnership, corporation,
association, or other business unit.
Sec. 1000.3 Route disposition.
Route disposition means a delivery to a retail or wholesale outlet
(except a plant), either directly or through any distribution facility
(including disposition from a plant store, vendor, or vending machine)
of a fluid milk product in consumer-type packages or dispenser units
classified as Class I milk.
Sec. 1000.4 Plant.
(a) Except as provided in paragraph (b) of this section, plant means
the land, buildings, facilities, and equipment constituting a single
operating unit or establishment at which milk or milk products are
received, processed, or packaged, including a facility described in
paragraph (b)(2) of this section if the facility receives the milk of
more than one dairy farmer.
(b) Plant shall not include:
(1) A separate building without stationary storage tanks that is
used only as a reload point for transferring bulk milk from one tank
truck to another or a separate building used only as a distribution
point for storing packaged fluid milk products in transit for route
disposition; or
(2) An on-farm facility operated as part of a single dairy farm
entity for the separation of cream and skim or the removal of water from
milk.
Sec. 1000.5 Distributing plant.
Distributing plant means a plant that is approved by a duly
constituted regulatory agency for the handling of Grade A milk at which
fluid milk products are processed or packaged and from which there is
route disposition or transfers of packaged fluid milk products to other
plants.
Sec. 1000.6 Supply plant.
Supply plant means a plant approved by a duly constituted regulatory
agency for the handling of Grade A milk that receives milk directly from
dairy farmers and transfers or diverts fluid milk products to other
plants or manufactures dairy products on its premises.
Sec. 1000.8 Nonpool plant.
Nonpool plant means any milk receiving, manufacturing, or processing
plant other than a pool plant. The following categories of nonpool
plants are further defined as follows:
(a) A plant fully regulated under another Federal order means a
plant that is fully subject to the pricing and pooling provisions of
another Federal order.
(b) Producer-handler plant means a plant operated by a producer-
handler as defined under any Federal order.
(c) Partially regulated distributing plant means a nonpool plant
that is not a plant fully regulated under another Federal order, a
producer-handler plant, or an exempt plant, from which there is route
disposition in the marketing area during the month.
(d) Unregulated supply plant means a supply plant that does not
qualify as a pool supply plant and is not a plant fully regulated under
another Federal order, a producer-handler plant, or an exempt plant.
(e) An exempt plant means a plant described in this paragraph that
is exempt from the pricing and pooling provisions of any order provided
that the operator of the plant files reports as prescribed by the market
administrator of any marketing area in which the plant distributes
packaged fluid milk products to enable determination of the handler's
exempt status:
(1) A plant that is operated by a governmental agency that has no
route disposition in commercial channels;
(2) A plant that is operated by a duly accredited college or
university disposing of fluid milk products only through the operation
of its own facilities with no route disposition in commercial channels;
(3) A plant from which the total route disposition is for
individuals or institutions for charitable purposes without
remuneration; or
(4) A plant that has route disposition and packaged sales of fluid
milk products to other plants of 150,000 pounds or less during the
month.
Sec. 1000.9 Handler.
Handler means:
(a) Any person who operates a pool plant or a nonpool plant.
[[Page 39]]
(b) Any person who receives packaged fluid milk products from a
plant for resale and distribution to retail or wholesale outlets, any
person who as a broker negotiates a purchase or sale of fluid milk
products or fluid cream products from or to any pool or nonpool plant,
and any person who by purchase or direction causes milk of producers to
be picked up at the farm and/or moved to a plant. Persons who qualify as
handlers only under this paragraph under any Federal milk order are not
subject to the payment provisions of Secs. ______.70, ______.71,
______.72, ______.73, ______.76, and ______.85 of that order.
(c) Any cooperative association with respect to milk that it
receives for its account from the farm of a producer and delivers to
pool plants or diverts to nonpool plants pursuant to Sec. ______.13 of
the order. The operator of a pool plant receiving milk from a
cooperative association may be the handler for such milk if both parties
notify the market administrator of this agreement prior to the time that
the milk is delivered to the pool plant and the plant operator purchases
the milk on the basis of farm bulk tank weights and samples.
Sec. 1000.14 Other source milk.
Other source milk means all skim milk and butterfat contained in or
represented by:
(a) Receipts of fluid milk products and bulk fluid cream products
from any source other than producers, handlers described in
Sec. 1000.9(c) and Sec. 1135.11, or pool plants;
(b) Products (other than fluid milk products, fluid cream products,
and products produced at the plant during the same month) from any
source which are reprocessed, converted into, or combined with another
product in the plant during the month; and
(c) Receipts of any milk product (other than a fluid milk product or
a fluid cream product) for which the handler fails to establish a
disposition.
Sec. 1000.15 Fluid milk product.
(a) Except as provided in paragraph (b) of this section, fluid milk
product means any milk products in fluid or frozen form containing less
than 9 percent butterfat that are intended to be used as beverages. Such
products include, but are not limited to: Milk, fat-free milk, lowfat
milk, light milk, reduced fat milk, milk drinks, eggnog and cultured
buttermilk, including any such beverage products that are flavored,
cultured, modified with added nonfat milk solids, sterilized,
concentrated, or reconstituted. As used in this part, the term
concentrated milk means milk that contains not less than 25.5 percent,
and not more than 50 percent, total milk solids.
(b) The term fluid milk product shall not include:
(1) Plain or sweetened evaporated milk/skim milk, sweetened
condensed milk/skim milk, formulas especially prepared for infant
feeding or dietary use (meal replacement) that are packaged in
hermetically-sealed containers, any product that contains by weight less
than 6.5 percent nonfat milk solids, and whey; and
(2) The quantity of skim milk equivalent in any modified product
specified in paragraph (a) of this section that is greater than an equal
volume of an unmodified product of the same nature and butterfat
content.
Sec. 1000.16 Fluid cream product.
Fluid cream product means cream (other than plastic cream or frozen
cream), including sterilized cream, or a mixture of cream and milk or
skim milk containing 9 percent or more butterfat, with or without the
addition of other ingredients.
Sec. 1000.17 [Reserved]
Sec. 1000.18 Cooperative association.
Cooperative association means any cooperative marketing association
of producers which the Secretary determines is qualified under the
provisions of the Capper-Volstead Act, has full authority in the sale of
milk of its members, and is engaged in marketing milk or milk products
for its members. A federation of 2 or more cooperatives incorporated
under the laws of any state will be considered a cooperative association
under any Federal milk order if all member cooperatives meet the
requirements of this section.
[[Page 40]]
Sec. 1000.19 Commercial food processing establishment.
Commercial food processing establishment means any facility, other
than a milk plant, to which fluid milk products and fluid cream products
are disposed of, or producer milk is diverted, that uses such receipts
as ingredients in food products and has no other disposition of fluid
milk products other than those received in consumer-type packages (1
gallon or less). Producer milk diverted to commercial food processing
establishments shall be subject to the same provisions relating to
diversions to plants, including, but not limited to, Secs. ______.13 and
______.52 of each Federal milk order.
Subpart C--Rules of Practice and Procedure Governing Market
Administrators
Sec. 1000.25 Market administrator.
(a) Designation. The agency for the administration of the order
shall be a market administrator selected by the Secretary and subject to
removal at the Secretary's discretion. The market administrator shall be
entitled to compensation determined by the Secretary.
(b) Powers. The market administrator shall have the following powers
with respect to each order under his/her administration:
(1) Administer the order in accordance with its terms and
provisions;
(2) Maintain and invest funds outside of the United States
Department of the Treasury for the purpose of administering the order;
(3) Make rules and regulations to effectuate the terms and
provisions of the order;
(4) Receive, investigate, and report complaints of violations to the
Secretary; and
(5) Recommend amendments to the Secretary.
(c) Duties. The market administrator shall perform all the duties
necessary to administer the terms and provisions of each order under
his/her administration, including, but not limited to, the following:
(1) Employ and fix the compensation of persons necessary to enable
him/her to exercise the powers and perform the duties of the office;
(2) Pay out of funds provided by the administrative assessment,
except expenses associated with functions for which the order provides a
separate charge, all expenses necessarily incurred in the maintenance
and functioning of the office and in the performance of the duties of
the office, including the market administrator's compensation;
(3) Keep records which will clearly reflect the transactions
provided for in the order and upon request by the Secretary, surrender
the records to a successor or such other person as the Secretary may
designate;
(4) Furnish information and reports requested by the Secretary and
submit office records for examination by the Secretary;
(5) Announce publicly at his/her discretion, unless otherwise
directed by the Secretary, by such means as he/she deems appropriate,
the name of any handler who, after the date upon which the handler is
required to perform such act, has not:
(i) Made reports required by the order;
(ii) Made payments required by the order; or
(iii) Made available records and facilities as required pursuant to
Sec. 1000.27;
(6) Prescribe reports required of each handler under the order.
Verify such reports and the payments required by the order by examining
records (including such papers as copies of income tax reports, fiscal
and product accounts, correspondence, contracts, documents or memoranda
of the handler, and the records of any other persons that are relevant
to the handler's obligation under the order), by examining such
handler's milk handling facilities, and by such other investigation as
the market administrator deems necessary for the purpose of ascertaining
the correctness of any report or any obligation under the order.
Reclassify skim milk and butterfat received by any handler if such
examination and investigation discloses that the original classification
was incorrect;
[[Page 41]]
(7) Furnish each regulated handler a written statement of such
handler's accounts with the market administrator promptly each month.
Furnish a corrected statement to such handler if verification discloses
that the original statement was incorrect; and
(8) Prepare and disseminate publicly for the benefit of producers,
handlers, and consumers such statistics and other information concerning
operation of the order and facts relevant to the provisions thereof (or
proposed provisions) as do not reveal confidential information.
Subpart D--Rules Governing Order Provisions
Sec. 1000.26 Continuity and separability of provisions.
(a) Effective time. The provisions of the order or any amendment to
the order shall become effective at such time as the Secretary may
declare and shall continue in force until suspended or terminated.
(b) Suspension or termination. The Secretary shall suspend or
terminate any or all of the provisions of the order whenever he/she
finds that such provision(s) obstructs or does not tend to effectuate
the declared policy of the Act. The order shall terminate whenever the
provisions of the Act authorizing it cease to be in effect.
(c) Continuing obligations. If upon the suspension or termination of
any or all of the provisions of the order there are any obligations
arising under the order, the final accrual or ascertainment of which
requires acts by any handler, by the market administrator or by any
other person, the power and duty to perform such further acts shall
continue notwithstanding such suspension or termination.
(d) Liquidation. (1) Upon the suspension or termination of any or
all provisions of the order the market administrator, or such other
liquidating agent designated by the Secretary, shall, if so directed by
the Secretary, liquidate the business of the market administrator's
office, dispose of all property in his/her possession or control,
including accounts receivable, and execute and deliver all assignments
or other instruments necessary or appropriate to effectuate any such
disposition; and
(2) If a liquidating agent is so designated, all assets and records
of the market administrator shall be transferred promptly to such
liquidating agent. If, upon such liquidation, the funds on hand exceed
the amounts required to pay outstanding obligations of the office of the
market administrator and to pay necessary expenses of liquidation and
distribution, such excess shall be distributed to contributing handlers
and producers in an equitable manner.
(e) Separability of provisions. If any provision of the order or its
application to any person or circumstances is held invalid, the
application of such provision and of the remaining provisions of the
order to other persons or circumstances shall not be affected thereby.
Subpart E--Rules of Practice and Procedure Governing Handlers
Sec. 1000.27 Handler responsibility for records and facilities.
Each handler shall maintain and retain records of its operations and
make such records and its facilities available to the market
administrator. If adequate records of a handler, or of any other
persons, that are relevant to the obligation of such handler are not
maintained and made available, any skim milk and butterfat required to
be reported by such handler for which adequate records are not available
shall be considered as used in the highest-priced class.
(a) Records to be maintained. (1) Each handler shall maintain
records of its operations (including, but not limited to, records of
purchases, sales, processing, packaging, and disposition) as are
necessary to verify whether such handler has any obligation under the
order and if so, the amount of such obligation. Such records shall be
such as to establish for each plant or other receiving point for each
month:
(i) The quantities of skim milk and butterfat contained in, or
represented by, products received in any form, including inventories on
hand at the beginning of the month, according to form, time, and source
of each receipt;
[[Page 42]]
(ii) The utilization of all skim milk and butterfat showing the
respective quantities of such skim milk and butterfat in each form
disposed of or on hand at the end of the month; and
(iii) Payments to producers, dairy farmers, and cooperative
associations, including the amount and nature of any deductions and the
disbursement of money so deducted.
(2) Each handler shall keep such other specific records as the
market administrator deems necessary to verify or establish such
handler's obligation under the order.
(b) Availability of records and facilities. Each handler shall make
available all records pertaining to such handler's operations and all
facilities the market administrator finds are necessary to verify the
information required to be reported by the order and/or to ascertain
such handler's reporting, monetary, or other obligation under the order.
Each handler shall permit the market administrator to weigh, sample, and
test milk and milk products and observe plant operations and equipment
and make available to the market administrator such facilities as are
necessary to carry out his/her duties.
(c) Retention of records. All records required under the order to be
made available to the market administrator shall be retained by the
handler for a period of 3 years to begin at the end of the month to
which such records pertain. If, within such 3-year period, the market
administrator notifies the handler in writing that the retention of such
records, or of specified records, is necessary in connection with a
proceeding under section 8c(15)(A) of the Act or a court action
specified in such notice, the handler shall retain such records, or
specified records, until further written notification from the market
administrator. The market administrator shall give further written
notification to the handler promptly upon the termination of the
litigation or when the records are no longer necessary in connection
therewith.
Sec. 1000.28 Termination of obligations.
(a) Except as provided in paragraphs (b) and (c) of this section,
the obligation of any handler to pay money required to be paid under the
terms of the order shall terminate 2 years after the last day of the
month during which the market administrator receives the handler's
report of receipts and utilization on which such obligation is based,
unless within such 2-year period, the market administrator notifies the
handler in writing that such money is due and payable. Service of such
written notice shall be complete upon mailing to the handler's last
known address and it shall contain, but need not be limited to, the
following information:
(1) The amount of the obligation;
(2) The month(s) on which such obligation is based; and
(3) If the obligation is payable to one or more producers or to a
cooperative association, the name of such producer(s) or such
cooperative association, or if the obligation is payable to the market
administrator, the account for which it is to be paid.
(b) If a handler fails or refuses, with respect to any obligation
under the order, to make available to the market administrator all
records required by the order to be made available, the market
administrator may notify the handler in writing, within the 2-year
period provided for in paragraph (a) of this section, of such failure or
refusal. If the market administrator so notifies a handler, the said 2-
year period with respect to such obligation shall not begin to run until
the first day of the month following the month during which all such
records pertaining to such obligation are made available to the market
administrator.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
section, a handler's obligation under the order to pay money shall not
be terminated with respect to any transaction involving fraud or willful
concealment of a fact, material to the obligation, on the part of the
handler against whom the obligation is sought to be imposed.
(d) Unless the handler files a petition pursuant to section
8c(15)(A) of the Act and the applicable rules and regulations (7 CFR
900.50 through 900.71) within the applicable 2-year period indicated
below, the obligation of the market administrator:
(1) To pay a handler any money which such handler claims is due
under
[[Page 43]]
the terms of the order shall terminate 2 years after the end of the
month during which the skim milk and butterfat involved in the claim
were received; or
(2) To refund any payment made by a handler (including a deduction
or offset by the market administrator) shall terminate 2 years after the
end of the month during which payment was made by the handler.
Subpart F--Classification of Milk
Sec. 1000.40 Classes of utilization.
Except as provided in Sec. 1000.42, all skim milk and butterfat
required to be reported pursuant to Sec. ----.30 of each Federal milk
order shall be classified as follows:
(a) Class I milk shall be all skim milk and butterfat:
(1) Disposed of in the form of fluid milk products, except as
otherwise provided in this section;
(2) In packaged fluid milk products in inventory at the end of the
month; and
(3) In shrinkage assigned pursuant to Sec. 1000.43(b).
(b) Class II milk shall be all skim milk and butterfat:
(1) In fluid milk products in containers larger than 1 gallon and
fluid cream products disposed of or diverted to a commercial food
processing establishment if the market administrator is permitted to
audit the records of the commercial food processing establishment for
the purpose of verification. Otherwise, such uses shall be Class I;
(2) Used to produce:
(i) Cottage cheese, lowfat cottage cheese, dry curd cottage cheese,
ricotta cheese, pot cheese, Creole cheese, and any similar soft, high-
moisture cheese resembling cottage cheese in form or use;
(ii) Milkshake and ice milk mixes (or bases), frozen desserts, and
frozen dessert mixes distributed in half-gallon containers or larger and
intended to be used in soft or semi-solid form;
(iii) Aerated cream, frozen cream, sour cream, sour half-and-half,
sour cream mixtures containing nonmilk items, yogurt, and any other
semi-solid product resembling a Class II product;
(iv) Custards, puddings, pancake mixes, coatings, batter, and
similar products;
(v) Buttermilk biscuit mixes and other buttermilk for baking that
contain food starch in excess of 2% of the total solids, provided that
the product is labeled to indicate the food starch content;
(vi) Formulas especially prepared for infant feeding or dietary use
(meal replacement) that are packaged in hermetically-sealed containers;
(vii) Candy, soup, bakery products and other prepared foods which
are processed for general distribution to the public, and intermediate
products, including sweetened condensed milk, to be used in processing
such prepared food products;
(viii) A fluid cream product or any product containing artificial
fat or fat substitutes that resembles a fluid cream product, except as
otherwise provided in paragraph (c) of this section; and
(ix) Any product not otherwise specified in this section; and
(3) In shrinkage assigned pursuant to Sec. 1000.43(b).
(c) Class III milk shall be all skim milk and butterfat:
(1) Used to produce:
(i) Cream cheese and other spreadable cheeses, and hard cheese of
types that may be shredded, grated, or crumbled;
(ii) Plastic cream, anhydrous milkfat, and butteroil; and
(iii) Evaporated or sweetened condensed milk in a consumer-type
package; and
(2) In shrinkage assigned pursuant to Sec. 1000.43(b).
(d) Class IV milk shall be all skim milk and butterfat:
(1) Used to produce:
(i) Butter; and
(ii) Any milk product in dried form;
(2) In inventory at the end of the month of fluid milk products and
fluid cream products in bulk form;
(3) In the skim milk equivalent of nonfat milk solids used to modify
a fluid milk product that has not been accounted for in Class I; and
(4) In shrinkage assigned pursuant to Sec. 1000.43(b).
(e) Other uses. Other uses include skim milk and butterfat used in
any product described in this section that
[[Page 44]]
is dumped, used for animal feed, destroyed, or lost by a handler in a
vehicular accident, flood, fire, or similar occurrence beyond the
handler's control. Such uses of skim milk and butterfat shall be
assigned to the lowest priced class for the month to the extent that the
quantities destroyed or lost can be verified from records satisfactory
to the market administrator.
Sec. 1000.41 [Reserved]
Sec. 1000.42 Classification of transfers and diversions.
(a) Transfers and diversions to pool plants. Skim milk or butterfat
transferred or diverted in the form of a fluid milk product or
transferred in the form of a bulk fluid cream product from a pool plant
or a handler described in Sec. 1135.11 of this chapter to another pool
plant shall be classified as Class I milk unless the handlers both
request the same classification in another class. In either case, the
classification shall be subject to the following conditions:
(1) The skim milk and butterfat classified in each class shall be
limited to the amount of skim milk and butterfat, respectively,
remaining in such class at the receiving plant after the computations
pursuant to Sec. 1000.44(a)(9) and the corresponding step of
Sec. 1000.44(b);
(2) If the transferring plant received during the month other source
milk to be allocated pursuant to Sec. 1000.44(a)(3) or the corresponding
step of Sec. 1000.44(b), the skim milk or butterfat so transferred shall
be classified so as to allocate the least possible Class I utilization
to such other source milk; and
(3) If the transferring handler received during the month other
source milk to be allocated pursuant to Sec. 1000.44(a)(8) or (9) or the
corresponding steps of Sec. 1000.44(b), the skim milk or butterfat so
transferred, up to the total of the skim milk and butterfat,
respectively, in such receipts of other source milk, shall not be
classified as Class I milk to a greater extent than would be the case if
the other source milk had been received at the receiving plant.
(b) Transfers and diversions to a plant regulated under another
Federal order. Skim milk or butterfat transferred or diverted in the
form of a fluid milk product or transferred in the form of a bulk fluid
cream product from a pool plant to a plant regulated under another
Federal order shall be classified in the following manner. Such
classification shall apply only to the skim milk or butterfat that is in
excess of any receipts at the pool plant from a plant regulated under
another Federal order of skim milk and butterfat, respectively, in fluid
milk products and bulk fluid cream products, respectively, that are in
the same category as described in paragraph (b)(1) or (2) of this
section:
(1) As Class I milk, if transferred as packaged fluid milk products;
(2) If transferred or diverted in bulk form, classification shall be
in the classes to which allocated under the other order:
(i) If the operators of both plants so request in their reports of
receipts and utilization filed with their respective market
administrators, transfers in bulk form shall be classified as other than
Class I to the extent that such utilization is available for such
classification pursuant to the allocation provisions of the other order;
(ii) If diverted, the diverting handler must request a
classification other than Class I. If the plant receiving the diverted
milk does not have sufficient utilization available for the requested
classification and some of the diverted milk is consequently assigned to
Class I use, the diverting handler shall be given the option of
designating the entire load of diverted milk as producer milk at the
plant physically receiving the milk. Alternatively, if the diverting
handler so chooses, it may designate which dairy farmers whose milk was
diverted during the month will be designated as producers under the
order physically receiving the milk. If the diverting handler declines
to accept either of these options, the market administrator will prorate
the portion of diverted milk in excess of Class II, III, and IV use
among all the dairy farmers whose milk was received from the diverting
handler on the last day of the month, then the second-to-last day, and
continuing in that fashion until the excess diverted milk has been
assigned as producer milk under the receiving order; and
[[Page 45]]
(iii) If information concerning the classes to which such transfers
or diversions were allocated under the other order is not available to
the market administrator for the purpose of establishing classification
under this paragraph, classification shall be Class I, subject to
adjustment when such information is available.
(c) Transfers and diversions to producer-handlers and to exempt
plants. Skim milk or butterfat that is transferred or diverted from a
pool plant to a producer-handler under any Federal order or to an exempt
plant shall be classified:
(1) As Class I milk if transferred or diverted to a producer-
handler;
(2) As Class I milk if transferred to an exempt plant in the form of
a packaged fluid milk product; and
(3) In accordance with the utilization assigned to it by the market
administrator if transferred or diverted in the form of a bulk fluid
milk product or transferred in the form of a bulk fluid cream product to
an exempt plant. For this purpose, the receiving handler's utilization
of skim milk and butterfat in each class, in series beginning with Class
IV, shall be assigned to the extent possible to its receipts of skim
milk and butterfat, in bulk fluid cream products, and bulk fluid milk
products, respectively, pro rata to each source.
(d) Transfers and diversions to other nonpool plants. Skim milk or
butterfat transferred or diverted in the following forms from a pool
plant to a nonpool plant that is not a plant regulated under another
order, an exempt plant, or a producer-handler plant shall be classified:
(1) As Class I milk, if transferred in the form of a packaged fluid
milk product; and
(2) As Class I milk, if transferred or diverted in the form of a
bulk fluid milk product or transferred in the form of a bulk fluid cream
product, unless the following conditions apply:
(i) If the conditions described in paragraphs (d)(2)(i)(A) and (B)
of this section are met, transfers or diversions in bulk form shall be
classified on the basis of the assignment of the nonpool plant's
utilization, excluding the milk equivalent of both nonfat milk solids
and concentrated milk used in the plant during the month, to its
receipts as set forth in paragraphs (d)(2)(ii) through (viii) of this
section:
(A) The transferring handler or diverting handler claims such
classification in such handler's report of receipts and utilization
filed pursuant to Sec. ____.30 of each Federal milk order for the month
within which such transaction occurred; and
(B) The nonpool plant operator maintains books and records showing
the utilization of all skim milk and butterfat received at such plant
which are made available for verification purposes if requested by the
market administrator;
(ii) Route disposition in the marketing area of each Federal milk
order from the nonpool plant and transfers of packaged fluid milk
products from such nonpool plant to plants fully regulated thereunder
shall be assigned to the extent possible in the following sequence:
(A) Pro rata to receipts of packaged fluid milk products at such
nonpool plant from pool plants;
(B) Pro rata to any remaining unassigned receipts of packaged fluid
milk products at such nonpool plant from plants regulated under other
Federal orders;
(C) Pro rata to receipts of bulk fluid milk products at such nonpool
plant from pool plants; and
(D) Pro rata to any remaining unassigned receipts of bulk fluid milk
products at such nonpool plant from plants regulated under other Federal
orders;
(iii) Any remaining Class I disposition of packaged fluid milk
products from the nonpool plant shall be assigned to the extent possible
pro rata to any remaining unassigned receipts of packaged fluid milk
products at such nonpool plant from pool plants and plants regulated
under other Federal orders;
(iv) Transfers of bulk fluid milk products from the nonpool plant to
a plant regulated under any Federal order, to the extent that such
transfers to the regulated plant exceed receipts of fluid milk products
from such plant and are allocated to Class I at the receiving plant,
shall be assigned to the extent possible in the following sequence:
[[Page 46]]
(A) Pro rata to receipts of fluid milk products at such nonpool
plant from pool plants; and
(B) Pro rata to any remaining unassigned receipts of fluid milk
products at such nonpool plant from plants regulated under other Federal
orders;
(v) Any remaining unassigned Class I disposition from the nonpool
plant shall be assigned to the extent possible in the following
sequence:
(A) To such nonpool plant's receipts from dairy farmers who the
market administrator determines constitute regular sources of Grade A
milk for such nonpool plant; and
(B) To such nonpool plant's receipts of Grade A milk from plants not
fully regulated under any Federal order which the market administrator
determines constitute regular sources of Grade A milk for such nonpool
plant;
(vi) Any remaining unassigned receipts of bulk fluid milk products
at the nonpool plant from pool plants and plants regulated under other
Federal orders shall be assigned, pro rata among such plants, to the
extent possible first to any remaining Class I utilization and then to
all other utilization, in sequence beginning with Class IV at such
nonpool plant;
(vii) Receipts of bulk fluid cream products at the nonpool plant
from pool plants and plants regulated under other Federal orders shall
be assigned, pro rata among such plants, to the extent possible to any
remaining utilization, in sequence beginning with Class IV at such
nonpool plant; and
(viii) In determining the nonpool plant's utilization for purposes
of this paragraph, any fluid milk products and bulk fluid cream products
transferred from such nonpool plant to a plant not fully regulated under
any Federal order shall be classified on the basis of the second plant's
utilization using the same assignment priorities at the second plant
that are set forth in this paragraph.
Sec. 1000.43 General classification rules.
In determining the classification of producer milk pursuant to
Sec. 1000.44, the following rules shall apply:
(a) Each month the market administrator shall correct for
mathematical and other obvious errors all reports filed pursuant to
Sec. ____.30 of each Federal milk order and shall compute separately for
each pool plant, for each handler described in Sec. 1000.9(c) and
Sec. 1135.11 of this chapter, the pounds of skim milk and butterfat,
respectively, in each class in accordance with Secs. 1000.40 and
1000.42, and paragraph (b) of this section.
(b) Shrinkage and Overage. For purposes of classifying all milk
reported by a handler pursuant to Sec. ____.30 of each Federal milk
order the market administrator shall determine the shrinkage or overage
of skim milk and butterfat for each pool plant and each handler
described in Sec. 1000.9(c) and Sec. 1135.11 of this chapter by
subtracting total utilization from total receipts. Any positive
difference shall be shrinkage, and any negative difference shall be
overage.
(1) Shrinkage incurred by pool plants qualified pursuant to
Sec. ____.7 of any Federal milk order shall be assigned to the lowest-
priced class to the extent that such shrinkage does not exceed:
(i) Two percent of the total quantity of milk physically received at
the plant directly from producers' farms on the basis of farm weights
and tests;
(ii) Plus 1.5 percent of the quantity of bulk milk physically
received on a basis other than farm weights and tests, excluding
concentrated milk received by agreement for other than Class I use;
(iii) Plus .5 percent of the quantity of milk diverted by the plant
operator to another plant on a basis other than farm weights and tests;
and
(iv) Minus 1.5 percent of the quantity of bulk milk transferred to
other plants, excluding concentrated milk transferred by agreement for
other than Class I use.
(2) A handler described in Sec. 1000.9(c) or Sec. 1135.11 of this
chapter that delivers milk to plants on a basis other than farm weights
and tests shall receive a lowest-priced-class shrinkage allowance of .5
percent of the total quantity of such milk picked up at producers'
farms.
(3) Shrinkage in excess of the amounts provided in paragraphs (b)(1)
and (2) of this section shall be assigned
[[Page 47]]
to existing utilization in series starting with Class I. The shrinkage
assigned pursuant to this paragraph shall be added to the handler's
reported utilization and the result shall be known as the gross
utilization in each class.
(c) If any of the water contained in the milk from which a product
is made is removed before the product is utilized or disposed of by the
handler, the pounds of skim milk in such product that are to be
considered under this part as used or disposed of by the handler shall
be an amount equivalent to the nonfat milk solids contained in such
product plus all of the water originally associated with such solids.
(d) Skim milk and butterfat contained in receipts of bulk
concentrated fluid milk and nonfluid milk products that are
reconstituted for fluid use shall be assigned to Class I use, up to the
reconstituted portion of labeled reconstituted fluid milk products, on a
pro rata basis (except for any Class I use of specific concentrated
receipts that is established by the handler) prior to any assignments
under Sec. 1000.44. Any remaining skim milk and butterfat in
concentrated receipts shall be assigned to uses under Sec. 1000.44 on a
pro rata basis, unless a specific use of such receipts is established by
the handler.
Sec. 1000.44 Classification of producer milk.
For each month the market administrator shall determine for each
handler described in Sec. 1000.9(a) for each pool plant of the handler
separately and for each handler described in Sec. 1000.9(c) and
Sec. 1135.11 of this chapter the classification of producer milk by
allocating the handler's receipts of skim milk and butterfat to the
handler's gross utilization of such receipts pursuant to
Sec. 1000.43(b)(3) as follows:
(a) Skim milk shall be allocated in the following manner:
(1) Subtract from the pounds of skim milk in Class I the pounds of
skim milk in:
(i) Receipts of packaged fluid milk products from an unregulated
supply plant to the extent that an equivalent amount of skim milk
disposed of to such plant by handlers fully regulated under any Federal
order is classified and priced as Class I milk and is not used as an
offset for any other payment obligation under any order;
(ii) Packaged fluid milk products in inventory at the beginning of
the month. This paragraph shall apply only if the pool plant was subject
to the provisions of this paragraph or comparable provisions of another
Federal order in the immediately preceding month;
(iii) Fluid milk products received in packaged form from plants
regulated under other Federal orders; and
(iv) To the extent that the receipts described in paragraphs
(a)(1)(i) through (iii) of this section exceed the gross Class I
utilization of skim milk, the excess receipts shall be subtracted
pursuant to paragraph (a)(3)(vi) of this section.
(2) Subtract from the pounds of skim milk in Class II the pounds of
skim milk in the receipts of skim milk in bulk concentrated fluid milk
products and in other source milk (except other source milk received in
the form of an unconcentrated fluid milk product or a fluid cream
product) that is used to produce, or added to, any product in Class II
(excluding the quantity of such skim milk that was classified as Class
IV milk pursuant to Sec. 1000.40(d)(3)). To the extent that the receipts
described in this paragraph exceed the gross Class II utilization of
skim milk, the excess receipts shall be subtracted pursuant to paragraph
(a)(3)(vi) of this section.
(3) Subtract from the pounds of skim milk remaining in each class,
in series beginning with Class IV, the pounds of skim milk in:
(i) Receipts of bulk concentrated fluid milk products and other
source milk (except other source milk received in the form of an
unconcentrated fluid milk product);
(ii) Receipts of fluid milk products and bulk fluid cream products
for which appropriate health approval is not established and from
unidentified sources;
(iii) Receipts of fluid milk products and bulk fluid cream products
from an exempt plant;
(iv) Fluid milk products and bulk fluid cream products received from
a producer-handler as defined under the
[[Page 48]]
order in this part, or any other Federal order;
(v) Receipts of fluid milk products from dairy farmers for other
markets; and
(vi) The excess receipts specified in paragraphs (a)(1)(iv) and
(a)(2) of this section.
(4) Subtract from the pounds of skim milk remaining in all classes
other than Class I, in sequence beginning with Class IV, the receipts of
fluid milk products from an unregulated supply plant that were not
previously subtracted in this section for which the handler requests
classification other than Class I, but not in excess of the pounds of
skim milk remaining in these other classes combined.
(5) Subtract from the pounds of skim milk remaining in all classes
other than Class I, in sequence beginning with Class IV, receipts of
fluid milk products from an unregulated supply plant that were not
previously subtracted in this section, and which are in excess of the
pounds of skim milk determined pursuant to paragraphs (a)(5)(i) and (ii)
of this section;
(i) Multiply by 1.25 the pounds of skim milk remaining in Class I at
this allocation step; and
(ii) Subtract from the result in paragraph (a)(5)(i) the pounds of
skim milk in receipts of producer milk and fluid milk products from
other pool plants.
(6) Subtract from the pounds of skim milk remaining in all classes
other than Class I, in sequence beginning with Class IV, the pounds of
skim milk in receipts of bulk fluid milk products from a handler
regulated under another Federal order that are in excess of bulk fluid
milk products transferred or diverted to such handler, if other than
Class I classification is requested, but not in excess of the pounds of
skim milk remaining in these classes combined.
(7) Subtract from the pounds of skim milk remaining in each class,
in series beginning with Class IV, the pounds of skim milk in fluid milk
products and bulk fluid cream products in inventory at the beginning of
the month that were not previously subtracted in this section.
(8) Subtract from the pounds of skim milk remaining in each class at
the plant receipts of skim milk in fluid milk products from an
unregulated supply plant that were not previously subtracted in this
section and that were not offset by transfers or diversions of fluid
milk products to the unregulated supply plant from which fluid milk
products to be allocated at this step were received. Such subtraction
shall be pro rata to the pounds of skim milk in Class I and in Classes
II, III, and IV combined, with the quantity prorated to Classes II, III,
and IV combined being subtracted in sequence beginning with Class IV.
(9) Subtract from the pounds of skim milk remaining in each class
the pounds of skim milk in receipts of bulk fluid milk products from a
handler regulated under another Federal order that are in excess of bulk
fluid milk products transferred or diverted to such handler that were
not subtracted in paragraph (a)(6) of this section. Such subtraction
shall be pro rata to the pounds of skim milk in Class I and in Classes
II, III, and IV combined, with the quantity prorated to Classes II, III,
and IV combined being subtracted in sequence beginning with Class IV,
with respect to whichever of the following quantities represents the
lower proportion of Class I milk:
(i) The estimated utilization of skim milk of all handlers in each
class as announced for the month pursuant to Sec. 1000.45(a); or
(ii) The total pounds of skim milk remaining in each class at this
allocation step.
(10) Subtract from the pounds of skim milk remaining in each class
the pounds of skim milk in receipts of fluid milk products and bulk
fluid cream products from another pool plant and from a handler
described in Sec. 1135.11 of this chapter according to the
classification of such products pursuant to Sec. 1000.42(a).
(11) If the total pounds of skim milk remaining in all classes
exceed the pounds of skim milk in producer milk, subtract such excess
from the pounds of skim milk remaining in each class in series beginning
with Class IV.
(b) Butterfat shall be allocated in accordance with the procedure
outlined for skim milk in paragraph (a) of this section.
[[Page 49]]
(c) The quantity of producer milk in each class shall be the
combined pounds of skim milk and butterfat remaining in each class after
the computations pursuant to paragraphs (a) and (b) of this section.
Sec. 1000.45 Market administrator's reports and announcements concerning classification.
(a) Whenever required for the purpose of allocating receipts from
plants regulated under other Federal orders pursuant to
Sec. 1000.44(a)(9) and the corresponding step of Sec. 1000.44(b), the
market administrator shall estimate and publicly announce the
utilization (to the nearest whole percentage) in Class I during the
month of skim milk and butterfat, respectively, in producer milk of all
handlers. The estimate shall be based upon the most current available
data and shall be final for such purpose.
(b) The market administrator shall report to the market
administrators of other Federal orders as soon as possible after the
handlers' reports of receipts and utilization are received, the class to
which receipts from plants regulated under other Federal orders are
allocated pursuant to Secs. 1000.43(d) and 1000.44 (including any
reclassification of inventories of bulk concentrated fluid milk
products), and thereafter any change in allocation required to correct
errors disclosed on the verification of such report.
(c) The market administrator shall furnish each handler operating a
pool plant and each handler described in Sec. 1135.11 of this chapter
who has shipped fluid milk products or bulk fluid cream products to a
plant fully regulated under another Federal order the class to which the
shipments were allocated by the market administrator of the other
Federal order on the basis of the report by the receiving handler and,
as necessary, any changes in the allocation arising from the
verification of such report.
(d) The market administrator shall report to each cooperative
association which so requests, the percentage of producer milk delivered
by members of the association that was used in each class by each
handler receiving the milk. For the purpose of this report, the milk so
received shall be prorated to each class in accordance with the total
utilization of producer milk by the handler.
Subpart G--Class Prices
Sec. 1000.50 Class prices, component prices, and advanced pricing factors.
Class prices per hundredweight of milk containing 3.5 percent
butterfat, component prices, and advanced pricing factors shall be as
follows. The prices and pricing factors described in paragraphs (a),
(b), (c), (e), (f), and (q) of this section shall be based on a weighted
average of the most recent 2 weekly prices announced by the National
Agricultural Statistical Service (NASS) before the 24th day of the
month. These prices shall be announced on or before the 23rd day of the
month and shall apply to milk received during the following month. The
prices described in paragraphs (g) through (p) of this section shall be
based on a weighted average for the preceding month of weekly prices
announced by NASS on or before the 5th day of the month and shall apply
to milk received during the preceding month. The price described in
paragraph (d) of this section shall be derived from the Class II skim
milk price announced on or before the 23rd day of the month preceding
the month to which it applies and the butterfat price announced on or
before the 5th day of the month following the month to which it applies.
(a) Class I price. The Class I price per hundredweight, rounded to
the nearest cent, shall be .965 times the Class I skim milk price plus
3.5 times the Class I butterfat price.
(b) Class I skim milk price. The Class I skim milk price per
hundredweight shall be the adjusted Class I differential specified in
Sec. 1000.52 plus the higher of the advanced pricing factors computed in
paragraph (q)(1) or (2) of this section.
(c) Class I butterfat price. The Class I butterfat price per pound
shall be the adjusted Class I differential specified in Sec. 1000.52
divided by 100, plus the advanced butterfat price computed in paragraph
(q)(3) of this section.
[[Page 50]]
(d) The Class II price per hundredweight, rounded to the nearest
cent, shall be .965 times the Class II skim milk price plus 3.5 times
the Class II butterfat price.
(e) Class II skim milk price. The Class II skim milk price per
hundredweight shall be the advanced Class IV skim milk price computed in
paragraph (q)(2) of this section plus 70 cents.
(f) Class II nonfat solids price. The Class II nonfat solids price
per pound, rounded to the nearest one-hundredth cent, shall be the Class
II skim milk price divided by 9.
(g) Class II butterfat price. The Class II butterfat price per pound
shall be the butterfat price plus $.007.
(h) Class III price. The Class III price per hundredweight, rounded
to the nearest cent, shall be .965 times the Class III skim milk price
plus 3.5 times the butterfat price.
(i) Class III skim milk price. The Class III skim milk price per
hundredweight, rounded to the nearest cent, shall be the protein price
per pound times 3.1 plus the other solids price per pound times 5.9.
(j) Class IV price. The Class IV price per hundredweight, rounded to
the nearest cent, shall be .965 times the Class IV skim milk price plus
3.5 times the butterfat price.
(k) Class IV skim milk price. The Class IV skim milk price per
hundredweight, rounded to the nearest cent, shall be the nonfat solids
price per pound times 9.
(l) Butterfat price. The butterfat price per pound, rounded to the
nearest one-hundredth cent, shall be the U.S. average NASS AA Butter
survey price reported by the Department for the month less 11.4 cents,
with the result divided by 0.82.
(m) Nonfat solids price. The nonfat solids price per pound, rounded
to the nearest one-hundredth cent, shall be the U.S. average NASS nonfat
dry milk survey price reported by the Department for the month less 13.7
cents, with the result divided by 1.02.
(n) Protein price. The protein price per pound, rounded to the
nearest one-hundredth cent, shall be computed as follows:
(1) Compute a weighted average of the amounts described in
paragraphs (n)(1)(i) and (ii) of this section:
(i) The U.S. average NASS survey price for 40-lb. block cheese
reported by the Department for the month; and
(ii) The U.S. average NASS survey price for 500-pound barrel cheddar
cheese (39 percent moisture) reported by the Department for the month
plus 3 cents;
(2) Subtract 17.02 cents from the price computed pursuant to
paragraph (n)(1) of this section and multiply the result by 1.405;
(3) Add to the amount computed pursuant to paragraph (n)(2) of this
section an amount computed as follows:
(i) Subtract 17.02 cents from the price computed pursuant to
paragraph (n)(1) of this section and multiply the result by 1.582;
(ii) Subtract the butterfat price computed pursuant to paragraph (l)
of this section from the amount computed pursuant to paragraph (n)(3)(i)
of this section; and
(iii) Multiply the amount computed pursuant to paragraph (n)(3)(ii)
of this section by 1.28.
(o) Other solids price. The other solids price per pound, rounded to
the nearest one-hundredth cent, shall be the U.S. average NASS dry whey
survey price reported by the Department for the month minus 13.7 cents,
with the result divided by 0.968.
(p) Somatic cell adjustment. The somatic cell adjustment per
hundredweight of milk shall be determined as follows:
(1) Multiply .0005 by the weighted average price computed pursuant
to paragraph (n)(1) of this section and round to the 5th decimal place;
(2) Subtract the somatic cell count of the milk (reported in
thousands) from 350; and
(3) Multiply the amount computed in paragraph (p)(1) of this section
by the amount computed in paragraph (p)(2) of this section and round to
the nearest full cent.
(q) Advanced pricing factors. For the purpose of computing the Class
I skim milk price, the Class II skim milk price, the Class II nonfat
solids price, and the Class I butterfat price for the following month,
the following pricing
[[Page 51]]
factors shall be computed using the weighted average of the 2 most
recent NASS U.S. average weekly survey prices announced before the 24th
day of the month:
(1) An advanced Class III skim milk price per hundredweight, rounded
to the nearest cent, shall be computed as follows:
(i) Following the procedure set forth in paragraphs (n) and (o) of
this section, but using the weighted average of the 2 most recent NASS
U.S. average weekly survey prices announced before the 24th day of the
month, compute a protein price and an other solids price;
(ii) Multiply the protein price computed in paragraph (q)(1)(i) of
this section by 3.1;
(iii) Multiply the other solids price per pound computed in
paragraph (q)(1)(i) of this section by 5.9; and
(iv) Add the amounts computed in paragraphs (q)(1)(ii) and (iii) of
this section.
(2) An advanced Class IV skim milk price per hundredweight, rounded
to the nearest cent, shall be computed as follows:
(i) Following the procedure set forth in paragraph (m) of this
section, but using the weighted average of the 2 most recent NASS U.S.
average weekly survey prices announced before the 24th day of the month,
compute a nonfat solids price; and
(ii) Multiply the nonfat solids price computed in paragraph
(q)(2)(i) of this section by 9.
(3) An advanced butterfat price per pound, rounded to the nearest
one-hundredth cent, shall be calculated by computing a weighted average
of the 2 most recent U.S. average NASS AA Butter survey prices announced
before the 24th day of the month, subtracting 11.4 cents from this
average, and dividing the result by 0.82.
Sec. 1000.51 [Reserved]
Sec. 1000.52 Adjusted Class I differentials.
The Class I differential adjusted for location to be used in
Sec. 1000.50(b) and (c) shall be as follows:
[[Page 52]]
----------------------------------------------------------------------------------------------------------------
Class I
differential
County/parish/city State FIPS code adjusted for
location
----------------------------------------------------------------------------------------------------------------
AUTAUGA AL..................... 01001 3.30
BALDWIN AL..................... 01003 3.50
BARBOUR AL..................... 01005 3.45
BIBB AL..................... 01007 3.10
BLOUNT AL..................... 01009 3.10
BULLOCK AL..................... 01011 3.30
BUTLER AL..................... 01013 3.45
CALHOUN AL..................... 01015 3.10
CHAMBERS AL..................... 01017 3.10
CHEROKEE AL..................... 01019 3.10
CHILTON AL..................... 01021 3.10
CHOCTAW AL..................... 01023 3.30
CLARKE AL..................... 01025 3.45
CLAY AL..................... 01027 3.10
CLEBURNE AL..................... 01029 3.10
COFFEE AL..................... 01031 3.45
COLBERT AL..................... 01033 2.90
CONECUH AL..................... 01035 3.45
COOSA AL..................... 01037 3.10
COVINGTON AL..................... 01039 3.45
CRENSHAW AL..................... 01041 3.45
CULLMAN AL..................... 01043 3.10
DALE AL..................... 01045 3.45
DALLAS AL..................... 01047 3.30
DE KALB AL..................... 01049 2.90
ELMORE AL..................... 01051 3.30
ESCAMBIA AL..................... 01053 3.45
ETOWAH AL..................... 01055 3.10
FAYETTE AL..................... 01057 3.10
FRANKLIN AL..................... 01059 2.90
GENEVA AL..................... 01061 3.45
GREENE AL..................... 01063 3.10
HALE AL..................... 01065 3.10
HENRY AL..................... 01067 3.45
HOUSTON AL..................... 01069 3.45
JACKSON AL..................... 01071 2.90
JEFFERSON AL..................... 01073 3.10
LAMAR AL..................... 01075 3.10
LAUDERDALE AL..................... 01077 2.90
LAWRENCE AL..................... 01079 2.90
LEE AL..................... 01081 3.30
LIMESTONE AL..................... 01083 2.90
LOWNDES AL..................... 01085 3.30
MACON AL..................... 01087 3.30
MADISON AL..................... 01089 2.90
MARENGO AL..................... 01091 3.30
[[Page 53]]
MARION AL..................... 01093 3.10
MARSHALL AL..................... 01095 2.90
MOBILE AL..................... 01097 3.50
MONROE AL..................... 01099 3.45
MONTGOMERY AL..................... 01101 3.30
MORGAN AL..................... 01103 2.90
PERRY AL..................... 01105 3.10
PICKENS AL..................... 01107 3.10
PIKE AL..................... 01109 3.45
RANDOLPH AL..................... 01111 3.10
RUSSELL AL..................... 01113 3.30
SHELBY AL..................... 01117 3.10
ST. CLAIR AL..................... 01115 3.10
SUMTER AL..................... 01119 3.10
TALLADEGA AL..................... 01121 3.10
TALLAPOOSA AL..................... 01123 3.10
TUSCALOOSA AL..................... 01125 3.10
WALKER AL..................... 01127 3.10
WASHINGTON AL..................... 01129 3.45
WILCOX AL..................... 01131 3.30
WINSTON AL..................... 01133 3.10
ARKANSAS AR..................... 05001 2.90
ASHLEY AR..................... 05003 3.10
BAXTER AR..................... 05005 2.60
BENTON AR..................... 05007 2.60
BOONE AR..................... 05009 2.60
BRADLEY AR..................... 05011 2.90
CALHOUN AR..................... 05013 2.90
CARROLL AR..................... 05015 2.60
CHICOT AR..................... 05017 3.10
CLARK AR..................... 05019 2.90
CLAY AR..................... 05021 2.60
CLEBURNE AR..................... 05023 2.80
CLEVELAND AR..................... 05025 2.90
COLUMBIA AR..................... 05027 3.10
CONWAY AR..................... 05029 2.80
CRAIGHEAD AR..................... 05031 2.60
CRAWFORD AR..................... 05033 2.80
CRITTENDEN AR..................... 05035 2.80
CROSS AR..................... 05037 2.80
DALLAS AR..................... 05039 2.90
DESHA AR..................... 05041 2.90
DREW AR..................... 05043 2.90
FAULKNER AR..................... 05045 2.80
FRANKLIN AR..................... 05047 2.80
FULTON AR..................... 05049 2.60
GARLAND AR..................... 05051 2.80
GRANT AR..................... 05053 2.90
GREENE AR..................... 05055 2.60
HEMPSTEAD AR..................... 05057 2.90
[[Page 54]]
HOT SPRING AR..................... 05059 2.90
HOWARD AR..................... 05061 2.90
INDEPENDENCE AR..................... 05063 2.60
IZARD AR..................... 05065 2.60
JACKSON AR..................... 05067 2.60
JEFFERSON AR..................... 05069 2.90
JOHNSON AR..................... 05071 2.80
LAFAYETTE AR..................... 05073 3.10
LAWRENCE AR..................... 05075 2.60
LEE AR..................... 05077 2.80
LINCOLN AR..................... 05079 2.90
LITTLE RIVER AR..................... 05081 2.90
LOGAN AR..................... 05083 2.80
LONOKE AR..................... 05085 2.80
MADISON AR..................... 05087 2.60
MARION AR..................... 05089 2.60
MILLER AR..................... 05091 3.10
MISSISSIPPI AR..................... 05093 2.60
MONROE AR..................... 05095 2.80
MONTGOMERY AR..................... 05097 2.80
NEVADA AR..................... 05099 2.90
NEWTON AR..................... 05101 2.60
OUACHITA AR..................... 05103 2.90
PERRY AR..................... 05105 2.80
PHILLIPS AR..................... 05107 2.90
PIKE AR..................... 05109 2.90
POINSETT AR..................... 05111 2.60
POLK AR..................... 05113 2.80
POPE AR..................... 05115 2.80
PRAIRIE AR..................... 05117 2.80
PULASKI AR..................... 05119 2.80
RANDOLPH AR..................... 05121 2.60
SALINE AR..................... 05125 2.80
SCOTT AR..................... 05127 2.80
SEARCY AR..................... 05129 2.60
SEBASTIAN AR..................... 05131 2.80
SEVIER AR..................... 05133 2.90
SHARP AR..................... 05135 2.60
ST. FRANCIS AR..................... 05123 2.80
STONE AR..................... 05137 2.60
UNION AR..................... 05139 3.10
VAN BUREN AR..................... 05141 2.80
WASHINGTON AR..................... 05143 2.60
WHITE AR..................... 05145 2.80
WOODRUFF AR..................... 05147 2.80
YELL AR..................... 05149 2.80
[[Page 55]]
APACHE AZ..................... 04001 1.90
COCHISE AZ..................... 04003 2.10
COCONINO AZ..................... 04005 1.90
GILA AZ..................... 04007 2.10
GRAHAM AZ..................... 04009 2.10
GREENLEE AZ..................... 04011 2.10
LA PAZ AZ..................... 04012 2.10
MARICOPA AZ..................... 04013 2.35
MOHAVE AZ..................... 04015 1.90
NAVAJO AZ..................... 04017 1.90
PIMA AZ..................... 04019 2.35
PINAL AZ..................... 04021 2.35
SANTA CRUZ AZ..................... 04023 2.10
YAVAPAI AZ..................... 04025 1.90
YUMA AZ..................... 04027 2.10
ALAMEDA CA..................... 06001 1.80
ALPINE CA..................... 06003 1.70
AMADOR CA..................... 06005 1.70
BUTTE CA..................... 06007 1.70
CALAVERAS CA..................... 06009 1.70
COLUSA CA..................... 06011 1.70
CONTRA COSTA CA..................... 06013 1.80
DEL NORTE CA..................... 06015 1.80
EL DORADO CA..................... 06017 1.70
FRESNO CA..................... 06019 1.60
GLENN CA..................... 06021 1.70
HUMBOLDT CA..................... 06023 1.80
IMPERIAL CA..................... 06025 2.00
INYO CA..................... 06027 1.60
KERN CA..................... 06029 1.80
KINGS CA..................... 06031 1.60
LAKE CA..................... 06033 1.80
LASSEN CA..................... 06035 1.70
LOS ANGELES CA..................... 06037 2.10
MADERA CA..................... 06039 1.60
MARIN CA..................... 06041 1.80
MARIPOSA CA..................... 06043 1.70
MENDOCINO CA..................... 06045 1.80
MERCED CA..................... 06047 1.70
MODOC CA..................... 06049 1.70
MONO CA..................... 06051 1.60
MONTEREY CA..................... 06053 1.80
NAPA CA..................... 06055 1.80
NEVADA CA..................... 06057 1.70
ORANGE CA..................... 06059 2.10
PLACER CA..................... 06061 1.70
PLUMAS CA..................... 06063 1.70
RIVERSIDE CA..................... 06065 2.00
SACRAMENTO CA..................... 06067 1.70
SAN BENITO CA..................... 06069 1.80
[[Page 56]]
SAN BERNARDINO CA..................... 06071 1.80
SAN DIEGO CA..................... 06073 2.10
SAN FRANCISCO CA..................... 06075 1.80
SAN JOAQUIN CA..................... 06077 1.70
SAN LUIS OBISPO CA..................... 06079 1.80
SAN MATEO CA..................... 06081 1.80
SANTA BARBARA CA..................... 06083 1.80
SANTA CLARA CA..................... 06085 1.80
SANTA CRUZ CA..................... 06087 1.80
SHASTA CA..................... 06089 1.70
SIERRA CA..................... 06091 1.70
SISKIYOU CA..................... 06093 1.80
SOLANO CA..................... 06095 1.80
SONOMA CA..................... 06097 1.80
STANISLAUS CA..................... 06099 1.70
SUTTER CA..................... 06101 1.70
TEHAMA CA..................... 06103 1.70
TRINITY CA..................... 06105 1.80
TULARE CA..................... 06107 1.60
TUOLUMNE CA..................... 06109 1.70
VENTURA CA..................... 06111 1.80
YOLO CA..................... 06113 1.70
YUBA CA..................... 06115 1.70
ADAMS CO..................... 08001 2.55
ALAMOSA CO..................... 08003 1.90
ARAPAHOE CO..................... 08005 2.55
ARCHULETA CO..................... 08007 1.90
BACA CO..................... 08009 2.35
BENT CO..................... 08011 2.35
BOULDER CO..................... 08013 2.45
CHAFFEE CO..................... 08015 1.90
CHEYENNE CO..................... 08017 2.35
CLEAR CREEK CO..................... 08019 2.45
CONEJOS CO..................... 08021 1.90
COSTILLA CO..................... 08023 1.90
CROWLEY CO..................... 08025 2.45
CUSTER CO..................... 08027 2.45
DELTA CO..................... 08029 2.00
DENVER CO..................... 08031 2.55
DOLORES CO..................... 08033 1.90
DOUGLAS CO..................... 08035 2.55
EAGLE CO..................... 08037 1.90
EL PASO CO..................... 08041 2.55
ELBERT CO..................... 08039 2.45
FREMONT CO..................... 08043 2.45
GARFIELD CO..................... 08045 2.00
[[Page 57]]
GILPIN CO..................... 08047 2.45
GRAND CO..................... 08049 1.90
GUNNISON CO..................... 08051 1.90
HINSDALE CO..................... 08053 1.90
HUERFANO CO..................... 08055 2.45
JACKSON CO..................... 08057 1.90
JEFFERSON CO..................... 08059 2.55
KIOWA CO..................... 08061 2.35
KIT CARSON CO..................... 08063 2.35
LA PLATA CO..................... 08067 1.90
LAKE CO..................... 08065 1.90
LARIMER CO..................... 08069 2.45
LAS ANIMAS CO..................... 08071 2.35
LINCOLN CO..................... 08073 2.45
LOGAN CO..................... 08075 2.35
MESA CO..................... 08077 2.00
MINERAL CO..................... 08079 1.90
MOFFAT CO..................... 08081 1.90
MONTEZUMA CO..................... 08083 1.90
MONTROSE CO..................... 08085 2.00
MORGAN CO..................... 08087 2.35
OTERO CO..................... 08089 2.45
OURAY CO..................... 08091 1.90
PARK CO..................... 08093 2.45
PHILLIPS CO..................... 08095 2.35
PITKIN CO..................... 08097 1.90
PROWERS CO..................... 08099 2.35
PUEBLO CO..................... 08101 2.45
RIO BLANCO CO..................... 08103 1.90
RIO GRANDE CO..................... 08105 1.90
ROUTT CO..................... 08107 1.90
SAGUACHE CO..................... 08109 1.90
SAN JUAN CO..................... 08111 1.90
SAN MIGUEL CO..................... 08113 1.90
SEDGWICK CO..................... 08115 2.35
SUMMIT CO..................... 08117 1.90
TELLER CO..................... 08119 2.45
WASHINGTON CO..................... 08121 2.35
WELD CO..................... 08123 2.45
YUMA CO..................... 08125 2.35
FAIRFIELD CT..................... 09001 3.15
HARTFORD CT..................... 09003 3.15
LITCHFIELD CT..................... 09005 3.00
MIDDLESEX CT..................... 09007 3.15
NEW HAVEN CT..................... 09009 3.15
NEW LONDON CT..................... 09011 3.15
TOLLAND CT..................... 09013 3.15
WINDHAM CT..................... 09015 3.15
DISTRICT OF COLUMBIA DC..................... 11001 3.00
KENT DE..................... 10001 3.05
[[Page 58]]
NEW CASTLE DE..................... 10003 3.05
SUSSEX DE..................... 10005 3.05
ALACHUA FL..................... 12001 3.70
BAKER FL..................... 12003 3.70
BAY FL..................... 12005 3.70
BRADFORD FL..................... 12007 3.70
BREVARD FL..................... 12009 4.00
BROWARD FL..................... 12011 4.30
CALHOUN FL..................... 12013 3.70
CHARLOTTE FL..................... 12015 4.30
CITRUS FL..................... 12017 4.00
CLAY FL..................... 12019 3.70
COLLIER FL..................... 12021 4.30
COLUMBIA FL..................... 12023 3.70
DADE FL..................... 12025 4.30
DE SOTO FL..................... 12027 4.00
DIXIE FL..................... 12029 3.70
DUVAL FL..................... 12031 3.70
ESCAMBIA FL..................... 12033 3.45
FLAGLER FL..................... 12035 4.00
FRANKLIN FL..................... 12037 3.70
GADSDEN FL..................... 12039 3.70
GILCHRIST FL..................... 12041 3.70
GLADES FL..................... 12043 4.30
GULF FL..................... 12045 3.70
HAMILTON FL..................... 12047 3.70
HARDEE FL..................... 12049 4.00
HENDRY FL..................... 12051 4.30
HERNANDO FL..................... 12053 4.00
HIGHLANDS FL..................... 12055 4.00
HILLSBOROUGH FL..................... 12057 4.00
HOLMES FL..................... 12059 3.70
INDIAN RIVER FL..................... 12061 4.00
JACKSON FL..................... 12063 3.70
JEFFERSON FL..................... 12065 3.70
LAFAYETTE FL..................... 12067 3.70
LAKE FL..................... 12069 4.00
LEE FL..................... 12071 4.30
LEON FL..................... 12073 3.70
LEVY FL..................... 12075 4.00
LIBERTY FL..................... 12077 3.70
MADISON FL..................... 12079 3.70
MANATEE FL..................... 12081 4.00
MARION FL..................... 12083 4.00
MARTIN FL..................... 12085 4.30
MONROE FL..................... 12087 4.30
[[Page 59]]
NASSAU FL..................... 12089 3.70
OKALOOSA FL..................... 12091 3.45
OKEECHOBEE FL..................... 12093 4.00
ORANGE FL..................... 12095 4.00
OSCEOLA FL..................... 12097 4.00
PALM BEACH FL..................... 12099 4.30
PASCO FL..................... 12101 4.00
PINELLAS FL..................... 12103 4.00
POLK FL..................... 12105 4.00
PUTNAM FL..................... 12107 3.70
SANTA ROSA FL..................... 12113 3.45
SARASOTA FL..................... 12115 4.00
SEMINOLE FL..................... 12117 4.00
ST. JOHNS FL..................... 12109 3.70
ST. LUCIE FL..................... 12111 4.00
SUMTER FL..................... 12119 4.00
SUWANNEE FL..................... 12121 3.70
TAYLOR FL..................... 12123 3.70
UNION FL..................... 12125 3.70
VOLUSIA FL..................... 12127 4.00
WAKULLA FL..................... 12129 3.70
WALTON FL..................... 12131 3.45
WASHINGTON FL..................... 12133 3.70
APPLING GA..................... 13001 3.45
ATKINSON GA..................... 13003 3.45
BACON GA..................... 13005 3.45
BAKER GA..................... 13007 3.45
BALDWIN GA..................... 13009 3.10
BANKS GA..................... 13011 3.10
BARROW GA..................... 13013 3.10
BARTOW GA..................... 13015 3.10
BEN HILL GA..................... 13017 3.45
BERRIEN GA..................... 13019 3.45
BIBB GA..................... 13021 3.30
BLECKLEY GA..................... 13023 3.30
BRANTLEY GA..................... 13025 3.45
BROOKS GA..................... 13027 3.45
BRYAN GA..................... 13029 3.45
BULLOCH GA..................... 13031 3.30
BURKE GA..................... 13033 3.30
BUTTS GA..................... 13035 3.10
CALHOUN GA..................... 13037 3.45
CAMDEN GA..................... 13039 3.45
CANDLER GA..................... 13043 3.30
CARROLL GA..................... 13045 3.10
CATOOSA GA..................... 13047 2.80
CHARLTON GA..................... 13049 3.45
CHATHAM GA..................... 13051 3.45
CHATTAHOOCHEE GA..................... 13053 3.30
CHATTOOGA GA..................... 13055 2.80
[[Page 60]]
CHEROKEE GA..................... 13057 3.10
CLARKE GA..................... 13059 3.10
CLAY GA..................... 13061 3.45
CLAYTON GA..................... 13063 3.10
CLINCH GA..................... 13065 3.45
COBB GA..................... 13067 3.10
COFFEE GA..................... 13069 3.45
COLQUITT GA..................... 13071 3.45
COLUMBIA GA..................... 13073 3.10
COOK GA..................... 13075 3.45
COWETA GA..................... 13077 3.10
CRAWFORD GA..................... 13079 3.30
CRISP GA..................... 13081 3.45
DADE GA..................... 13083 2.80
DAWSON GA..................... 13085 3.10
DE KALB GA..................... 13089 3.10
DECATUR GA..................... 13087 3.45
DODGE GA..................... 13091 3.45
DOOLY GA..................... 13093 3.45
DOUGHERTY GA..................... 13095 3.45
DOUGLAS GA..................... 13097 3.10
EARLY GA..................... 13099 3.45
ECHOLS GA..................... 13101 3.45
EFFINGHAM GA..................... 13103 3.30
ELBERT GA..................... 13105 3.10
EMANUEL GA..................... 13107 3.30
EVANS GA..................... 13109 3.45
FANNIN GA..................... 13111 2.80
FAYETTE GA..................... 13113 3.10
FLOYD GA..................... 13115 3.10
FORSYTH GA..................... 13117 3.10
FRANKLIN GA..................... 13119 3.10
FULTON GA..................... 13121 3.10
GILMER GA..................... 13123 3.10
GLASCOCK GA..................... 13125 3.10
GLYNN GA..................... 13127 3.45
GORDON GA..................... 13129 3.10
GRADY GA..................... 13131 3.45
GREENE GA..................... 13133 3.10
GWINNETT GA..................... 13135 3.10
HABERSHAM GA..................... 13137 3.10
HALL GA..................... 13139 3.10
HANCOCK GA..................... 13141 3.10
HARALSON GA..................... 13143 3.10
HARRIS GA..................... 13145 3.30
HART GA..................... 13147 3.10
[[Page 61]]
HEARD GA..................... 13149 3.10
HENRY GA..................... 13151 3.10
HOUSTON GA..................... 13153 3.30
IRWIN GA..................... 13155 3.45
JACKSON GA..................... 13157 3.10
JASPER GA..................... 13159 3.10
JEFF DAVIS GA..................... 13161 3.45
JEFFERSON GA..................... 13163 3.30
JENKINS GA..................... 13165 3.30
JOHNSON GA..................... 13167 3.30
JONES GA..................... 13169 3.10
LAMAR GA..................... 13171 3.10
LANIER GA..................... 13173 3.45
LAURENS GA..................... 13175 3.30
LEE GA..................... 13177 3.45
LIBERTY GA..................... 13179 3.45
LINCOLN GA..................... 13181 3.10
LONG GA..................... 13183 3.45
LOWNDES GA..................... 13185 3.45
LUMPKIN GA..................... 13187 3.10
MACON GA..................... 13193 3.30
MADISON GA..................... 13195 3.10
MARION GA..................... 13197 3.30
MCDUFFIE GA..................... 13189 3.10
MCINTOSH GA..................... 13191 3.45
MERIWETHER GA..................... 13199 3.10
MILLER GA..................... 13201 3.45
MITCHELL GA..................... 13205 3.45
MONROE GA..................... 13207 3.10
MONTGOMERY GA..................... 13209 3.45
MORGAN GA..................... 13211 3.10
MURRAY GA..................... 13213 2.80
MUSCOGEE GA..................... 13215 3.30
NEWTON GA..................... 13217 3.10
OCONEE GA..................... 13219 3.10
OGLETHORPE GA..................... 13221 3.10
PAULDING GA..................... 13223 3.10
PEACH GA..................... 13225 3.30
PICKENS GA..................... 13227 3.10
PIERCE GA..................... 13229 3.45
PIKE GA..................... 13231 3.10
POLK GA..................... 13233 3.10
PULASKI GA..................... 13235 3.45
PUTNAM GA..................... 13237 3.10
QUITMAN GA..................... 13239 3.45
RABUN GA..................... 13241 3.10
RANDOLPH GA..................... 13243 3.45
RICHMOND GA..................... 13245 3.30
ROCKDALE GA..................... 13247 3.10
SCHLEY GA..................... 13249 3.30
[[Page 62]]
SCREVEN GA..................... 13251 3.30
SEMINOLE GA..................... 13253 3.45
SPALDING GA..................... 13255 3.10
STEPHENS GA..................... 13257 3.10
STEWART GA..................... 13259 3.45
SUMTER GA..................... 13261 3.45
TALBOT GA..................... 13263 3.30
TALIAFERRO GA..................... 13265 3.10
TATTNALL GA..................... 13267 3.45
TAYLOR GA..................... 13269 3.30
TELFAIR GA..................... 13271 3.45
TERRELL GA..................... 13273 3.45
THOMAS GA..................... 13275 3.45
TIFT GA..................... 13277 3.45
TOOMBS GA..................... 13279 3.45
TOWNS GA..................... 13281 3.10
TREUTLEN GA..................... 13283 3.30
TROUP GA..................... 13285 3.10
TURNER GA..................... 13287 3.45
TWIGGS GA..................... 13289 3.30
UNION GA..................... 13291 3.10
UPSON GA..................... 13293 3.10
WALKER GA..................... 13295 2.80
WALTON GA..................... 13297 3.10
WARE GA..................... 13299 3.45
WARREN GA..................... 13301 3.10
WASHINGTON GA..................... 13303 3.30
WAYNE GA..................... 13305 3.45
WEBSTER GA..................... 13307 3.45
WHEELER GA..................... 13309 3.45
WHITE GA..................... 13311 3.10
WHITFIELD GA..................... 13313 2.80
WILCOX GA..................... 13315 3.45
WILKES GA..................... 13317 3.10
WILKINSON GA..................... 13319 3.30
WORTH GA..................... 13321 3.45
ADAIR IA..................... 19001 1.80
ADAMS IA..................... 19003 1.80
ALLAMAKEE IA..................... 19005 1.75
APPANOOSE IA..................... 19007 1.80
AUDUBON IA..................... 19009 1.80
BENTON IA..................... 19011 1.80
BLACK HAWK IA..................... 19013 1.75
BOONE IA..................... 19015 1.80
BREMER IA..................... 19017 1.75
BUCHANAN IA..................... 19019 1.75
[[Page 63]]
BUENA VISTA IA..................... 19021 1.75
BUTLER IA..................... 19023 1.75
CALHOUN IA..................... 19025 1.75
CARROLL IA..................... 19027 1.80
CASS IA..................... 19029 1.80
CEDAR IA..................... 19031 1.80
CERRO GORDO IA..................... 19033 1.75
CHEROKEE IA..................... 19035 1.75
CHICKASAW IA..................... 19037 1.75
CLARKE IA..................... 19039 1.80
CLAY IA..................... 19041 1.75
CLAYTON IA..................... 19043 1.75
CLINTON IA..................... 19045 1.80
CRAWFORD IA..................... 19047 1.80
DALLAS IA..................... 19049 1.80
DAVIS IA..................... 19051 1.80
DECATUR IA..................... 19053 1.80
DELAWARE IA..................... 19055 1.75
DES MOINES IA..................... 19057 1.80
DICKINSON IA..................... 19059 1.75
DUBUQUE IA..................... 19061 1.75
EMMET IA..................... 19063 1.75
FAYETTE IA..................... 19065 1.75
FLOYD IA..................... 19067 1.75
FRANKLIN IA..................... 19069 1.75
FREMONT IA..................... 19071 1.85
GREENE IA..................... 19073 1.80
GRUNDY IA..................... 19075 1.75
GUTHRIE IA..................... 19077 1.80
HAMILTON IA..................... 19079 1.75
HANCOCK IA..................... 19081 1.75
HARDIN IA..................... 19083 1.75
HARRISON IA..................... 19085 1.80
HENRY IA..................... 19087 1.80
HOWARD IA..................... 19089 1.75
HUMBOLDT IA..................... 19091 1.75
IDA IA..................... 19093 1.75
IOWA IA..................... 19095 1.80
JACKSON IA..................... 19097 1.80
JASPER IA..................... 19099 1.80
JEFFERSON IA..................... 19101 1.80
JOHNSON IA..................... 19103 1.80
JONES IA..................... 19105 1.80
KEOKUK IA..................... 19107 1.80
KOSSUTH IA..................... 19109 1.75
LEE IA..................... 19111 1.80
LINN IA..................... 19113 1.80
LOUISA IA..................... 19115 1.80
LUCAS IA..................... 19117 1.80
LYON IA..................... 19119 1.75
[[Page 64]]
MADISON IA..................... 19121 1.80
MAHASKA IA..................... 19123 1.80
MARION IA..................... 19125 1.80
MARSHALL IA..................... 19127 1.80
MILLS IA..................... 19129 1.85
MITCHELL IA..................... 19131 1.75
MONONA IA..................... 19133 1.80
MONROE IA..................... 19135 1.80
MONTGOMERY IA..................... 19137 1.80
MUSCATINE IA..................... 19139 1.80
O'BRIEN IA..................... 19141 1.75
OSCEOLA IA..................... 19143 1.75
PAGE IA..................... 19145 1.80
PALO ALTO IA..................... 19147 1.75
PLYMOUTH IA..................... 19149 1.75
POCAHONTAS IA..................... 19151 1.75
POLK IA..................... 19153 1.80
POTTAWATTAMIE IA..................... 19155 1.85
POWESHIEK IA..................... 19157 1.80
RINGGOLD IA..................... 19159 1.80
SAC IA..................... 19161 1.75
SCOTT IA..................... 19163 1.80
SHELBY IA..................... 19165 1.80
SIOUX IA..................... 19167 1.75
STORY IA..................... 19169 1.80
TAMA IA..................... 19171 1.80
TAYLOR IA..................... 19173 1.80
UNION IA..................... 19175 1.80
VAN BUREN IA..................... 19177 1.80
WAPELLO IA..................... 19179 1.80
WARREN IA..................... 19181 1.80
WASHINGTON IA..................... 19183 1.80
WAYNE IA..................... 19185 1.80
WEBSTER IA..................... 19187 1.75
WINNEBAGO IA..................... 19189 1.75
WINNESHIEK IA..................... 19191 1.75
WOODBURY IA..................... 19193 1.75
WORTH IA..................... 19195 1.75
WRIGHT IA..................... 19197 1.75
ADA ID..................... 16001 1.60
ADAMS ID..................... 16003 1.60
BANNOCK ID..................... 16005 1.60
BEAR LAKE ID..................... 16007 1.60
BENEWAH ID..................... 16009 1.90
BINGHAM ID..................... 16011 1.60
BLAINE ID..................... 16013 1.60
[[Page 65]]
BOISE ID..................... 16015 1.60
BONNER ID..................... 16017 1.90
BONNEVILLE ID..................... 16019 1.60
BOUNDARY ID..................... 16021 1.90
BUTTE ID..................... 16023 1.60
CAMAS ID..................... 16025 1.60
CANYON ID..................... 16027 1.60
CARIBOU ID..................... 16029 1.60
CASSIA ID..................... 16031 1.60
CLARK ID..................... 16033 1.60
CLEARWATER ID..................... 16035 1.60
CUSTER ID..................... 16037 1.60
ELMORE ID..................... 16039 1.60
FRANKLIN ID..................... 16041 1.60
FREMONT ID..................... 16043 1.60
GEM ID..................... 16045 1.60
GOODING ID..................... 16047 1.60
IDAHO ID..................... 16049 1.60
JEFFERSON ID..................... 16051 1.60
JEROME ID..................... 16053 1.60
KOOTENAI ID..................... 16055 1.90
LATAH ID..................... 16057 1.90
LEMHI ID..................... 16059 1.60
LEWIS ID..................... 16061 1.60
LINCOLN ID..................... 16063 1.60
MADISON ID..................... 16065 1.60
MINIDOKA ID..................... 16067 1.60
NEZ PERCE ID..................... 16069 1.60
ONEIDA ID..................... 16071 1.60
OWYHEE ID..................... 16073 1.60
PAYETTE ID..................... 16075 1.60
POWER ID..................... 16077 1.60
SHOSHONE ID..................... 16079 1.90
TETON ID..................... 16081 1.60
TWIN FALLS ID..................... 16083 1.60
VALLEY ID..................... 16085 1.60
WASHINGTON ID..................... 16087 1.60
ADAMS IL..................... 17001 1.80
ALEXANDER IL..................... 17003 2.20
BOND IL..................... 17005 2.00
BOONE IL..................... 17007 1.75
BROWN IL..................... 17009 1.80
BUREAU IL..................... 17011 1.80
CALHOUN IL..................... 17013 2.00
CARROLL IL..................... 17015 1.80
CASS IL..................... 17017 1.80
CHAMPAIGN IL..................... 17019 1.80
CHRISTIAN IL..................... 17021 2.00
CLARK IL..................... 17023 2.00
CLAY IL..................... 17025 2.00
[[Page 66]]
CLINTON IL..................... 17027 2.00
COLES IL..................... 17029 2.00
COOK IL..................... 17031 1.80
CRAWFORD IL..................... 17033 2.00
CUMBERLAND IL..................... 17035 2.00
DE KALB IL..................... 17037 1.80
DE WITT IL..................... 17039 1.80
DOUGLAS IL..................... 17041 2.00
DU PAGE IL..................... 17043 1.80
EDGAR IL..................... 17045 2.00
EDWARDS IL..................... 17047 2.20
EFFINGHAM IL..................... 17049 2.00
FAYETTE IL..................... 17051 2.00
FORD IL..................... 17053 1.80
FRANKLIN IL..................... 17055 2.20
FULTON IL..................... 17057 1.80
GALLATIN IL..................... 17059 2.20
GREENE IL..................... 17061 2.00
GRUNDY IL..................... 17063 1.80
HAMILTON IL..................... 17065 2.20
HANCOCK IL..................... 17067 1.80
HARDIN IL..................... 17069 2.20
HENDERSON IL..................... 17071 1.80
HENRY IL..................... 17073 1.80
IROQUOIS IL..................... 17075 1.80
JACKSON IL..................... 17077 2.20
JASPER IL..................... 17079 2.00
JEFFERSON IL..................... 17081 2.00
JERSEY IL..................... 17083 2.00
JO DAVIESS IL..................... 17085 1.75
JOHNSON IL..................... 17087 2.20
KANE IL..................... 17089 1.80
KANKAKEE IL..................... 17091 1.80
KENDALL IL..................... 17093 1.80
KNOX IL..................... 17095 1.80
LA SALLE IL..................... 17099 1.80
LAKE IL..................... 17097 1.80
LAWRENCE IL..................... 17101 2.00
LEE IL..................... 17103 1.80
LIVINGSTON IL..................... 17105 1.80
LOGAN IL..................... 17107 1.80
MACON IL..................... 17115 1.80
MACOUPIN IL..................... 17117 2.00
MADISON IL..................... 17119 2.00
MARION IL..................... 17121 2.00
MARSHALL IL..................... 17123 1.80
[[Page 67]]
MASON IL..................... 17125 1.80
MASSAC IL..................... 17127 2.20
MCDONOUGH IL..................... 17109 1.80
MCHENRY IL..................... 17111 1.80
MCLEAN IL..................... 17113 1.80
MENARD IL..................... 17129 1.80
MERCER IL..................... 17131 1.80
MONROE IL..................... 17133 2.00
MONTGOMERY IL..................... 17135 2.00
MORGAN IL..................... 17137 1.80
MOULTRIE IL..................... 17139 2.00
OGLE IL..................... 17141 1.80
PEORIA IL..................... 17143 1.80
PERRY IL..................... 17145 2.00
PIATT IL..................... 17147 1.80
PIKE IL..................... 17149 1.80
POPE IL..................... 17151 2.20
PULASKI IL..................... 17153 2.20
PUTNAM IL..................... 17155 1.80
RANDOLPH IL..................... 17157 2.00
RICHLAND IL..................... 17159 2.00
ROCK ISLAND IL..................... 17161 1.80
SALINE IL..................... 17165 2.20
SANGAMON IL..................... 17167 1.80
SCHUYLER IL..................... 17169 1.80
SCOTT IL..................... 17171 1.80
SHELBY IL..................... 17173 2.00
ST. CLAIR IL..................... 17163 2.00
STARK IL..................... 17175 1.80
STEPHENSON IL..................... 17177 1.75
TAZEWELL IL..................... 17179 1.80
UNION IL..................... 17181 2.20
VERMILION IL..................... 17183 1.80
WABASH IL..................... 17185 2.20
WARREN IL..................... 17187 1.80
WASHINGTON IL..................... 17189 2.00
WAYNE IL..................... 17191 2.20
WHITE IL..................... 17193 2.20
WHITESIDE IL..................... 17195 1.80
WILL IL..................... 17197 1.80
WILLIAMSON IL..................... 17199 2.20
WINNEBAGO IL..................... 17201 1.75
WOODFORD IL..................... 17203 1.80
ADAMS IN..................... 18001 1.80
ALLEN IN..................... 18003 1.80
BARTHOLOMEW IN..................... 18005 2.20
BENTON IN..................... 18007 1.80
BLACKFORD IN..................... 18009 1.80
BOONE IN..................... 18011 2.00
BROWN IN..................... 18013 2.20
[[Page 68]]
CARROLL IN..................... 18015 1.80
CASS IN..................... 18017 1.80
CLARK IN..................... 18019 2.20
CLAY IN..................... 18021 2.00
CLINTON IN..................... 18023 1.80
CRAWFORD IN..................... 18025 2.20
DAVIESS IN..................... 18027 2.20
DEKALB IN..................... 18033 1.80
DEARBORN IN..................... 18029 2.20
DECATUR IN..................... 18031 2.20
DELAWARE IN..................... 18035 2.00
DUBOIS IN..................... 18037 2.20
ELKHART IN..................... 18039 1.80
FAYETTE IN..................... 18041 2.00
FLOYD IN..................... 18043 2.20
FOUNTAIN IN..................... 18045 1.80
FRANKLIN IN..................... 18047 2.00
FULTON IN..................... 18049 1.80
GIBSON IN..................... 18051 2.20
GRANT IN..................... 18053 1.80
GREENE IN..................... 18055 2.20
HAMILTON IN..................... 18057 2.00
HANCOCK IN..................... 18059 2.00
HARRISON IN..................... 18061 2.20
HENDRICKS IN..................... 18063 2.00
HENRY IN..................... 18065 2.00
HOWARD IN..................... 18067 1.80
HUNTINGTON IN..................... 18069 1.80
JACKSON IN..................... 18071 2.20
JASPER IN..................... 18073 1.80
JAY IN..................... 18075 1.80
JEFFERSON IN..................... 18077 2.20
JENNINGS IN..................... 18079 2.20
JOHNSON IN..................... 18081 2.00
KNOX IN..................... 18083 2.20
KOSCIUSKO IN..................... 18085 1.80
LA PORTE IN..................... 18091 1.80
LAGRANGE IN..................... 18087 1.80
LAKE IN..................... 18089 1.80
LAWRENCE IN..................... 18093 2.20
MADISON IN..................... 18095 2.00
MARION IN..................... 18097 2.00
MARSHALL IN..................... 18099 1.80
MARTIN IN..................... 18101 2.20
MIAMI IN..................... 18103 1.80
MONROE IN..................... 18105 2.20
[[Page 69]]
MONTGOMERY IN..................... 18107 2.00
MORGAN IN..................... 18109 2.00
NEWTON IN..................... 18111 1.80
NOBLE IN..................... 18113 1.80
OHIO IN..................... 18115 2.20
ORANGE IN..................... 18117 2.20
OWEN IN..................... 18119 2.00
PARKE IN..................... 18121 2.00
PERRY IN..................... 18123 2.20
PIKE IN..................... 18125 2.20
PORTER IN..................... 18127 1.80
POSEY IN..................... 18129 2.20
PULASKI IN..................... 18131 1.80
PUTNAM IN..................... 18133 2.00
RANDOLPH IN..................... 18135 2.00
RIPLEY IN..................... 18137 2.20
RUSH IN..................... 18139 2.00
SCOTT IN..................... 18143 2.20
SHELBY IN..................... 18145 2.00
SPENCER IN..................... 18147 2.20
ST. JOSEPH IN..................... 18141 1.80
STARKE IN..................... 18149 1.80
STEUBEN IN..................... 18151 1.80
SULLIVAN IN..................... 18153 2.20
SWITZERLAND IN..................... 18155 2.20
TIPPECANOE IN..................... 18157 1.80
TIPTON IN..................... 18159 1.80
UNION IN..................... 18161 2.00
VANDERBURGH IN..................... 18163 2.20
VERMILLION IN..................... 18165 2.00
VIGO IN..................... 18167 2.00
WABASH IN..................... 18169 1.80
WARREN IN..................... 18171 1.80
WARRICK IN..................... 18173 2.20
WASHINGTON IN..................... 18175 2.20
WAYNE IN..................... 18177 2.00
WELLS IN..................... 18179 1.80
WHITE IN..................... 18181 1.80
WHITLEY IN..................... 18183 1.80
ALLEN KS..................... 20001 2.20
ANDERSON KS..................... 20003 2.00
ATCHISON KS..................... 20005 2.00
BARBER KS..................... 20007 2.20
BARTON KS..................... 20009 2.20
BOURBON KS..................... 20011 2.20
BROWN KS..................... 20013 2.00
BUTLER KS..................... 20015 2.20
CHASE KS..................... 20017 2.20
CHAUTAUQUA KS..................... 20019 2.20
CHEROKEE KS..................... 20021 2.20
[[Page 70]]
CHEYENNE KS..................... 20023 2.20
CLARK KS..................... 20025 2.20
CLAY KS..................... 20027 2.00
CLOUD KS..................... 20029 2.00
COFFEY KS..................... 20031 2.00
COMANCHE KS..................... 20033 2.20
COWLEY KS..................... 20035 2.20
CRAWFORD KS..................... 20037 2.20
DECATUR KS..................... 20039 2.00
DICKINSON KS..................... 20041 2.00
DONIPHAN KS..................... 20043 2.00
DOUGLAS KS..................... 20045 2.00
EDWARDS KS..................... 20047 2.20
ELK KS..................... 20049 2.20
ELLIS KS..................... 20051 2.00
ELLSWORTH KS..................... 20053 2.00
FINNEY KS..................... 20055 2.20
FORD KS..................... 20057 2.20
FRANKLIN KS..................... 20059 2.00
GEARY KS..................... 20061 2.00
GOVE KS..................... 20063 2.20
GRAHAM KS..................... 20065 2.00
GRANT KS..................... 20067 2.20
GRAY KS..................... 20069 2.20
GREELEY KS..................... 20071 2.20
GREENWOOD KS..................... 20073 2.20
HAMILTON KS..................... 20075 2.20
HARPER KS..................... 20077 2.20
HARVEY KS..................... 20079 2.20
HASKELL KS..................... 20081 2.20
HODGEMAN KS..................... 20083 2.20
JACKSON KS..................... 20085 2.00
JEFFERSON KS..................... 20087 2.00
JEWELL KS..................... 20089 2.00
JOHNSON KS..................... 20091 2.00
KEARNY KS..................... 20093 2.20
KINGMAN KS..................... 20095 2.20
KIOWA KS..................... 20097 2.20
LABETTE KS..................... 20099 2.20
LANE KS..................... 20101 2.20
LEAVENWORTH KS..................... 20103 2.00
LINCOLN KS..................... 20105 2.00
LINN KS..................... 20107 2.00
LOGAN KS..................... 20109 2.20
LYON KS..................... 20111 2.00
MARION KS..................... 20115 2.20
[[Page 71]]
MARSHALL KS..................... 20117 2.00
MCPHERSON KS..................... 20113 2.20
MEADE KS..................... 20119 2.20
MIAMI KS..................... 20121 2.00
MITCHELL KS..................... 20123 2.00
MONTGOMERY KS..................... 20125 2.20
MORRIS KS..................... 20127 2.00
MORTON KS..................... 20129 2.20
NEMAHA KS..................... 20131 2.00
NEOSHO KS..................... 20133 2.20
NESS KS..................... 20135 2.20
NORTON KS..................... 20137 2.00
OSAGE KS..................... 20139 2.00
OSBORNE KS..................... 20141 2.00
OTTAWA KS..................... 20143 2.00
PAWNEE KS..................... 20145 2.20
PHILLIPS KS..................... 20147 2.00
POTTAWATOMIE KS..................... 20149 2.00
PRATT KS..................... 20151 2.20
RAWLINS KS..................... 20153 2.00
RENO KS..................... 20155 2.20
REPUBLIC KS..................... 20157 2.00
RICE KS..................... 20159 2.20
RILEY KS..................... 20161 2.00
ROOKS KS..................... 20163 2.00
RUSH KS..................... 20165 2.20
RUSSELL KS..................... 20167 2.00
SALINE KS..................... 20169 2.00
SCOTT KS..................... 20171 2.20
SEDGWICK KS..................... 20173 2.20
SEWARD KS..................... 20175 2.20
SHAWNEE KS..................... 20177 2.00
SHERIDAN KS..................... 20179 2.00
SHERMAN KS..................... 20181 2.20
SMITH KS..................... 20183 2.00
STAFFORD KS..................... 20185 2.20
STANTON KS..................... 20187 2.20
STEVENS KS..................... 20189 2.20
SUMNER KS..................... 20191 2.20
THOMAS KS..................... 20193 2.00
TREGO KS..................... 20195 2.20
WABAUNSEE KS..................... 20197 2.00
WALLACE KS..................... 20199 2.20
WASHINGTON KS..................... 20201 2.00
WICHITA KS..................... 20203 2.20
WILSON KS..................... 20205 2.20
WOODSON KS..................... 20207 2.20
WYANDOTTE KS..................... 20209 2.00
ADAIR KY..................... 21001 2.40
ALLEN KY..................... 21003 2.40
[[Page 72]]
ANDERSON KY..................... 21005 2.20
BALLARD KY..................... 21007 2.40
BARREN KY..................... 21009 2.40
BATH KY..................... 21011 2.20
BELL KY..................... 21013 2.40
BOONE KY..................... 21015 2.20
BOURBON KY..................... 21017 2.20
BOYD KY..................... 21019 2.20
BOYLE KY..................... 21021 2.20
BRACKEN KY..................... 21023 2.20
BREATHITT KY..................... 21025 2.20
BRECKINRIDGE KY..................... 21027 2.20
BULLITT KY..................... 21029 2.20
BUTLER KY..................... 21031 2.40
CALDWELL KY..................... 21033 2.40
CALLOWAY KY..................... 21035 2.40
CAMPBELL KY..................... 21037 2.20
CARLISLE KY..................... 21039 2.40
CARROLL KY..................... 21041 2.20
CARTER KY..................... 21043 2.20
CASEY KY..................... 21045 2.40
CHRISTIAN KY..................... 21047 2.40
CLARK KY..................... 21049 2.20
CLAY KY..................... 21051 2.40
CLINTON KY..................... 21053 2.40
CRITTENDEN KY..................... 21055 2.40
CUMBERLAND KY..................... 21057 2.40
DAVIESS KY..................... 21059 2.20
EDMONSON KY..................... 21061 2.40
ELLIOTT KY..................... 21063 2.20
ESTILL KY..................... 21065 2.20
FAYETTE KY..................... 21067 2.20
FLEMING KY..................... 21069 2.20
FLOYD KY..................... 21071 2.20
FRANKLIN KY..................... 21073 2.20
FULTON KY..................... 21075 2.40
GALLATIN KY..................... 21077 2.20
GARRARD KY..................... 21079 2.20
GRANT KY..................... 21081 2.20
GRAVES KY..................... 21083 2.40
GRAYSON KY..................... 21085 2.40
GREEN KY..................... 21087 2.40
GREENUP KY..................... 21089 2.20
HANCOCK KY..................... 21091 2.20
HARDIN KY..................... 21093 2.20
HARLAN KY..................... 21095 2.40
[[Page 73]]
HARRISON KY..................... 21097 2.20
HART KY..................... 21099 2.40
HENDERSON KY..................... 21101 2.20
HENRY KY..................... 21103 2.20
HICKMAN KY..................... 21105 2.40
HOPKINS KY..................... 21107 2.40
JACKSON KY..................... 21109 2.20
JEFFERSON KY..................... 21111 2.20
JESSAMINE KY..................... 21113 2.20
JOHNSON KY..................... 21115 2.20
KENTON KY..................... 21117 2.20
KNOTT KY..................... 21119 2.40
KNOX KY..................... 21121 2.40
LARUE KY..................... 21123 2.20
LAUREL KY..................... 21125 2.40
LAWRENCE KY..................... 21127 2.20
LEE KY..................... 21129 2.20
LESLIE KY..................... 21131 2.40
LETCHER KY..................... 21133 2.40
LEWIS KY..................... 21135 2.20
LINCOLN KY..................... 21137 2.20
LIVINGSTON KY..................... 21139 2.40
LOGAN KY..................... 21141 2.40
LYON KY..................... 21143 2.40
MADISON KY..................... 21151 2.20
MAGOFFIN KY..................... 21153 2.20
MARION KY..................... 21155 2.20
MARSHALL KY..................... 21157 2.40
MARTIN KY..................... 21159 2.20
MASON KY..................... 21161 2.20
MCCRACKEN KY..................... 21145 2.40
MCCREARY KY..................... 21147 2.40
MCLEAN KY..................... 21149 2.20
MEADE KY..................... 21163 2.20
MENIFEE KY..................... 21165 2.20
MERCER KY..................... 21167 2.20
METCALFE KY..................... 21169 2.40
MONROE KY..................... 21171 2.40
MONTGOMERY KY..................... 21173 2.20
MORGAN KY..................... 21175 2.20
MUHLENBERG KY..................... 21177 2.40
NELSON KY..................... 21179 2.20
NICHOLAS KY..................... 21181 2.20
OHIO KY..................... 21183 2.40
OLDHAM KY..................... 21185 2.20
OWEN KY..................... 21187 2.20
OWSLEY KY..................... 21189 2.20
PENDLETON KY..................... 21191 2.20
PERRY KY..................... 21193 2.40
PIKE KY..................... 21195 2.40
[[Page 74]]
POWELL KY..................... 21197 2.20
PULASKI KY..................... 21199 2.40
ROBERTSON KY..................... 21201 2.20
ROCKCASTLE KY..................... 21203 2.20
ROWAN KY..................... 21205 2.20
RUSSELL KY..................... 21207 2.40
SCOTT KY..................... 21209 2.20
SHELBY KY..................... 21211 2.20
SIMPSON KY..................... 21213 2.40
SPENCER KY..................... 21215 2.20
TAYLOR KY..................... 21217 2.40
TODD KY..................... 21219 2.40
TRIGG KY..................... 21221 2.40
TRIMBLE KY..................... 21223 2.20
UNION KY..................... 21225 2.20
WARREN KY..................... 21227 2.40
WASHINGTON KY..................... 21229 2.20
WAYNE KY..................... 21231 2.40
WEBSTER KY..................... 21233 2.40
WHITLEY KY..................... 21235 2.40
WOLFE KY..................... 21237 2.20
WOODFORD KY..................... 21239 2.20
ACADIA LA..................... 22001 3.50
ALLEN LA..................... 22003 3.50
ASCENSION LA..................... 22005 3.60
ASSUMPTION LA..................... 22007 3.60
AVOYELLES LA..................... 22009 3.40
BEAUREGARD LA..................... 22011 3.50
BIENVILLE LA..................... 22013 3.30
BOSSIER LA..................... 22015 3.10
CADDO LA..................... 22017 3.10
CALCASIEU LA..................... 22019 3.50
CALDWELL LA..................... 22021 3.30
CAMERON LA..................... 22023 3.60
CATAHOULA LA..................... 22025 3.40
CLAIBORNE LA..................... 22027 3.10
CONCORDIA LA..................... 22029 3.40
DE SOTO LA..................... 22031 3.30
EAST BATON ROUGE LA..................... 22033 3.60
EAST CARROLL LA..................... 22035 3.10
EAST FELICIANA LA..................... 22037 3.50
EVANGELINE LA..................... 22039 3.50
FRANKLIN LA..................... 22041 3.30
GRANT LA..................... 22043 3.40
IBERIA LA..................... 22045 3.60
IBERVILLE LA..................... 22047 3.60
[[Page 75]]
JACKSON LA..................... 22049 3.30
JEFFERSON LA..................... 22051 3.60
JEFFERSON DAVIS LA..................... 22053 3.50
LA SALLE LA..................... 22059 3.40
LAFAYETTE LA..................... 22055 3.60
LAFOURCHE LA..................... 22057 3.60
LINCOLN LA..................... 22061 3.10
LIVINGSTON LA..................... 22063 3.60
MADISON LA..................... 22065 3.30
MOREHOUSE LA..................... 22067 3.10
NATCHITOCHES LA..................... 22069 3.30
ORLEANS LA..................... 22071 3.60
OUACHITA LA..................... 22073 3.10
PLAQUEMINES LA..................... 22075 3.60
POINTE COUPEE LA..................... 22077 3.50
RAPIDES LA..................... 22079 3.40
RED RIVER LA..................... 22081 3.30
RICHLAND LA..................... 22083 3.10
SABINE LA..................... 22085 3.30
ST. BERNARD LA..................... 22087 3.60
ST. CHARLES LA..................... 22089 3.60
ST. HELENA LA..................... 22091 3.50
ST. JAMES LA..................... 22093 3.60
ST. JOHN THE BAPTIST LA..................... 22095 3.60
ST. LANDRY LA..................... 22097 3.50
ST. MARTIN LA..................... 22099 3.60
ST. MARY LA..................... 22101 3.60
ST. TAMMANY LA..................... 22103 3.50
TANGIPAHOA LA..................... 22105 3.60
TENSAS LA..................... 22107 3.30
TERREBONNE LA..................... 22109 3.60
UNION LA..................... 22111 3.10
VERMILION LA..................... 22113 3.60
VERNON LA..................... 22115 3.40
WASHINGTON LA..................... 22117 3.50
WEBSTER LA..................... 22119 3.10
WEST BATON ROUGE LA..................... 22121 3.60
WEST CARROLL LA..................... 22123 3.10
WEST FELICIANA LA..................... 22125 3.50
WINN LA..................... 22127 3.30
BARNSTABLE MA..................... 25001 3.25
BERKSHIRE MA..................... 25003 2.80
BRISTOL MA..................... 25005 3.25
DUKES MA..................... 25007 3.25
ESSEX MA..................... 25009 3.25
FRANKLIN MA..................... 25011 3.00
HAMPDEN MA..................... 25013 3.00
HAMPSHIRE MA..................... 25015 3.00
MIDDLESEX MA..................... 25017 3.25
NANTUCKET MA..................... 25019 3.25
[[Page 76]]
NORFOLK MA..................... 25021 3.25
PLYMOUTH MA..................... 25023 3.25
SUFFOLK MA..................... 25025 3.25
WORCESTER MA..................... 25027 3.10
ALLEGANY MD..................... 24001 2.60
ANNE ARUNDEL MD..................... 24003 3.00
BALTIMORE MD..................... 24005 3.00
BALTIMORE CITY MD..................... 24510 3.00
CALVERT MD..................... 24009 3.00
CAROLINE MD..................... 24011 3.00
CARROLL MD..................... 24013 2.90
CECIL MD..................... 24015 3.05
CHARLES MD..................... 24017 3.00
DORCHESTER MD..................... 24019 3.00
FREDERICK MD..................... 24021 2.90
GARRETT MD..................... 24023 2.60
HARFORD MD..................... 24025 3.00
HOWARD MD..................... 24027 3.00
KENT MD..................... 24029 3.00
MONTGOMERY MD..................... 24031 3.00
PRINCE GEORGE'S MD..................... 24033 3.00
QUEEN ANNE'S MD..................... 24035 3.00
SOMERSET MD..................... 24039 3.00
ST. MARY'S MD..................... 24037 3.00
TALBOT MD..................... 24041 3.00
WASHINGTON MD..................... 24043 2.80
WICOMICO MD..................... 24045 3.00
WORCESTER MD..................... 24047 3.00
ANDROSCOGGIN ME..................... 23001 2.80
AROOSTOOK ME..................... 23003 2.60
CUMBERLAND ME..................... 23005 3.00
FRANKLIN ME..................... 23007 2.60
HANCOCK ME..................... 23009 2.80
KENNEBEC ME..................... 23011 2.80
KNOX ME..................... 23013 2.80
LINCOLN ME..................... 23015 2.80
OXFORD ME..................... 23017 2.80
PENOBSCOT ME..................... 23019 2.80
PISCATAQUIS ME..................... 23021 2.60
SAGADAHOC ME..................... 23023 2.80
SOMERSET ME..................... 23025 2.60
WALDO ME..................... 23027 2.80
WASHINGTON ME..................... 23029 2.80
YORK ME..................... 23031 3.00
ALCONA MI..................... 26001 1.80
ALGER MI..................... 26003 1.80
[[Page 77]]
ALLEGAN MI..................... 26005 1.80
ALPENA MI..................... 26007 1.80
ANTRIM MI..................... 26009 1.80
ARENAC MI..................... 26011 1.80
BARAGA MI..................... 26013 1.70
BARRY MI..................... 26015 1.80
BAY MI..................... 26017 1.80
BENZIE MI..................... 26019 1.80
BERRIEN MI..................... 26021 1.80
BRANCH MI..................... 26023 1.80
CALHOUN MI..................... 26025 1.80
CASS MI..................... 26027 1.80
CHARLEVOIX MI..................... 26029 1.80
CHEBOYGAN MI..................... 26031 1.80
CHIPPEWA MI..................... 26033 1.80
CLARE MI..................... 26035 1.80
CLINTON MI..................... 26037 1.80
CRAWFORD MI..................... 26039 1.80
DELTA MI..................... 26041 1.70
DICKINSON MI..................... 26043 1.70
EATON MI..................... 26045 1.80
EMMET MI..................... 26047 1.80
GENESEE MI..................... 26049 1.80
GLADWIN MI..................... 26051 1.80
GOGEBIC MI..................... 26053 1.70
GRAND TRAVERSE MI..................... 26055 1.80
GRATIOT MI..................... 26057 1.80
HILLSDALE MI..................... 26059 1.80
HOUGHTON MI..................... 26061 1.70
HURON MI..................... 26063 1.80
INGHAM MI..................... 26065 1.80
IONIA MI..................... 26067 1.80
IOSCO MI..................... 26069 1.80
IRON MI..................... 26071 1.70
ISABELLA MI..................... 26073 1.80
JACKSON MI..................... 26075 1.80
KALAMAZOO MI..................... 26077 1.80
KALKASKA MI..................... 26079 1.80
KENT MI..................... 26081 1.80
KEWEENAW MI..................... 26083 1.70
LAKE MI..................... 26085 1.80
LAPEER MI..................... 26087 1.80
LEELANAU MI..................... 26089 1.80
LENAWEE MI..................... 26091 1.80
LIVINGSTON MI..................... 26093 1.80
LUCE MI..................... 26095 1.80
MACKINAC MI..................... 26097 1.80
MACOMB MI..................... 26099 1.80
MANISTEE MI..................... 26101 1.80
MARQUETTE MI..................... 26103 1.80
[[Page 78]]
MASON MI..................... 26105 1.80
MECOSTA MI..................... 26107 1.80
MENOMINEE MI..................... 26109 1.70
MIDLAND MI..................... 26111 1.80
MISSAUKEE MI..................... 26113 1.80
MONROE MI..................... 26115 1.80
MONTCALM MI..................... 26117 1.80
MONTMORENCY MI..................... 26119 1.80
MUSKEGON MI..................... 26121 1.80
NEWAYGO MI..................... 26123 1.80
OAKLAND MI..................... 26125 1.80
OCEANA MI..................... 26127 1.80
OGEMAW MI..................... 26129 1.80
ONTONAGON MI..................... 26131 1.70
OSCEOLA MI..................... 26133 1.80
OSCODA MI..................... 26135 1.80
OTSEGO MI..................... 26137 1.80
OTTAWA MI..................... 26139 1.80
PRESQUE ISLE MI..................... 26141 1.80
ROSCOMMON MI..................... 26143 1.80
SAGINAW MI..................... 26145 1.80
SANILAC MI..................... 26151 1.80
SCHOOLCRAFT MI..................... 26153 1.80
SHIAWASSEE MI..................... 26155 1.80
ST. CLAIR MI..................... 26147 1.80
ST. JOSEPH MI..................... 26149 1.80
TUSCOLA MI..................... 26157 1.80
VAN BUREN MI..................... 26159 1.80
WASHTENAW MI..................... 26161 1.80
WAYNE MI..................... 26163 1.80
WEXFORD MI..................... 26165 1.80
AITKIN MN..................... 27001 1.65
ANOKA MN..................... 27003 1.70
BECKER MN..................... 27005 1.65
BELTRAMI MN..................... 27007 1.65
BENTON MN..................... 27009 1.70
BIG STONE MN..................... 27011 1.70
BLUE EARTH MN..................... 27013 1.70
BROWN MN..................... 27015 1.70
CARLTON MN..................... 27017 1.65
CARVER MN..................... 27019 1.70
CASS MN..................... 27021 1.65
CHIPPEWA MN..................... 27023 1.70
CHISAGO MN..................... 27025 1.70
CLAY MN..................... 27027 1.65
CLEARWATER MN..................... 27029 1.65
[[Page 79]]
COOK MN..................... 27031 1.65
COTTONWOOD MN..................... 27033 1.70
CROW WING MN..................... 27035 1.65
DAKOTA MN..................... 27037 1.70
DODGE MN..................... 27039 1.70
DOUGLAS MN..................... 27041 1.70
FARIBAULT MN..................... 27043 1.70
FILLMORE MN..................... 27045 1.70
FREEBORN MN..................... 27047 1.70
GOODHUE MN..................... 27049 1.70
GRANT MN..................... 27051 1.70
HENNEPIN MN..................... 27053 1.70
HOUSTON MN..................... 27055 1.70
HUBBARD MN..................... 27057 1.65
ISANTI MN..................... 27059 1.70
ITASCA MN..................... 27061 1.65
JACKSON MN..................... 27063 1.70
KANABEC MN..................... 27065 1.70
KANDIYOHI MN..................... 27067 1.70
KITTSON MN..................... 27069 1.60
KOOCHICHING MN..................... 27071 1.65
LAC QUI PARLE MN..................... 27073 1.70
LAKE MN..................... 27075 1.65
LAKE OF THE WOODS MN..................... 27077 1.60
LE SUEUR MN..................... 27079 1.70
LINCOLN MN..................... 27081 1.70
LYON MN..................... 27083 1.70
MAHNOMEN MN..................... 27087 1.65
MARSHALL MN..................... 27089 1.65
MARTIN MN..................... 27091 1.70
MCLEOD MN..................... 27085 1.70
MEEKER MN..................... 27093 1.70
MILLE LACS MN..................... 27095 1.70
MORRISON MN..................... 27097 1.70
MOWER MN..................... 27099 1.70
MURRAY MN..................... 27101 1.70
NICOLLET MN..................... 27103 1.70
NOBLES MN..................... 27105 1.70
NORMAN MN..................... 27107 1.65
OLMSTED MN..................... 27109 1.70
OTTER TAIL MN..................... 27111 1.65
PENNINGTON MN..................... 27113 1.65
PINE MN..................... 27115 1.70
PIPESTONE MN..................... 27117 1.70
POLK MN..................... 27119 1.65
POPE MN..................... 27121 1.70
RAMSEY MN..................... 27123 1.70
RED LAKE MN..................... 27125 1.65
REDWOOD MN..................... 27127 1.70
RENVILLE MN..................... 27129 1.70
[[Page 80]]
RICE MN..................... 27131 1.70
ROCK MN..................... 27133 1.70
ROSEAU MN..................... 27135 1.60
SCOTT MN..................... 27139 1.70
SHERBURNE MN..................... 27141 1.70
SIBLEY MN..................... 27143 1.70
ST. LOUIS MN..................... 27137 1.65
STEARNS MN..................... 27145 1.70
STEELE MN..................... 27147 1.70
STEVENS MN..................... 27149 1.70
SWIFT MN..................... 27151 1.70
TODD MN..................... 27153 1.70
TRAVERSE MN..................... 27155 1.70
WABASHA MN..................... 27157 1.70
WADENA MN..................... 27159 1.65
WASECA MN..................... 27161 1.70
WASHINGTON MN..................... 27163 1.70
WATONWAN MN..................... 27165 1.70
WILKIN MN..................... 27167 1.65
WINONA MN..................... 27169 1.70
WRIGHT MN..................... 27171 1.70
YELLOW MEDICINE MN..................... 27173 1.70
ADAIR MO..................... 29001 1.80
ANDREW MO..................... 29003 1.80
ATCHISON MO..................... 29005 1.80
AUDRAIN MO..................... 29007 2.00
BARRY MO..................... 29009 2.20
BARTON MO..................... 29011 2.20
BATES MO..................... 29013 2.00
BENTON MO..................... 29015 2.00
BOLLINGER MO..................... 29017 2.20
BOONE MO..................... 29019 2.00
BUCHANAN MO..................... 29021 1.80
BUTLER MO..................... 29023 2.20
CALDWELL MO..................... 29025 1.80
CALLAWAY MO..................... 29027 2.00
CAMDEN MO..................... 29029 2.00
CAPE GIRARDEAU MO..................... 29031 2.20
CARROLL MO..................... 29033 1.80
CARTER MO..................... 29035 2.20
CASS MO..................... 29037 2.00
CEDAR MO..................... 29039 2.20
CHARITON MO..................... 29041 1.80
CHRISTIAN MO..................... 29043 2.20
CLARK MO..................... 29045 1.80
CLAY MO..................... 29047 1.80
[[Page 81]]
CLINTON MO..................... 29049 1.80
COLE MO..................... 29051 2.00
COOPER MO..................... 29053 2.00
CRAWFORD MO..................... 29055 2.00
DADE MO..................... 29057 2.20
DALLAS MO..................... 29059 2.20
DAVIESS MO..................... 29061 1.80
DE KALB MO..................... 29063 1.80
DENT MO..................... 29065 2.00
DOUGLAS MO..................... 29067 2.20
DUNKLIN MO..................... 29069 2.20
FRANKLIN MO..................... 29071 2.00
GASCONADE MO..................... 29073 2.00
GENTRY MO..................... 29075 1.80
GREENE MO..................... 29077 2.20
GRUNDY MO..................... 29079 1.80
HARRISON MO..................... 29081 1.80
HENRY MO..................... 29083 2.00
HICKORY MO..................... 29085 2.00
HOLT MO..................... 29087 1.80
HOWARD MO..................... 29089 2.00
HOWELL MO..................... 29091 2.20
IRON MO..................... 29093 2.00
JACKSON MO..................... 29095 2.00
JASPER MO..................... 29097 2.20
JEFFERSON MO..................... 29099 2.00
JOHNSON MO..................... 29101 2.00
KNOX MO..................... 29103 1.80
LACLEDE MO..................... 29105 2.20
LAFAYETTE MO..................... 29107 2.00
LAWRENCE MO..................... 29109 2.20
LEWIS MO..................... 29111 1.80
LINCOLN MO..................... 29113 2.00
LINN MO..................... 29115 1.80
LIVINGSTON MO..................... 29117 1.80
MACON MO..................... 29121 1.80
MADISON MO..................... 29123 2.20
MARIES MO..................... 29125 2.00
MARION MO..................... 29127 1.80
MCDONALD MO..................... 29119 2.20
MERCER MO..................... 29129 1.80
MILLER MO..................... 29131 2.00
MISSISSIPPI MO..................... 29133 2.20
MONITEAU MO..................... 29135 2.00
MONROE MO..................... 29137 1.80
MONTGOMERY MO..................... 29139 2.00
MORGAN MO..................... 29141 2.00
NEW MADRID MO..................... 29143 2.20
NEWTON MO..................... 29145 2.20
NODAWAY MO..................... 29147 1.80
[[Page 82]]
OREGON MO..................... 29149 2.20
OSAGE MO..................... 29151 2.00
OZARK MO..................... 29153 2.20
PEMISCOT MO..................... 29155 2.20
PERRY MO..................... 29157 2.20
PETTIS MO..................... 29159 2.00
PHELPS MO..................... 29161 2.00
PIKE MO..................... 29163 2.00
PLATTE MO..................... 29165 1.80
POLK MO..................... 29167 2.20
PULASKI MO..................... 29169 2.20
PUTNAM MO..................... 29171 1.80
RALLS MO..................... 29173 2.00
RANDOLPH MO..................... 29175 1.80
RAY MO..................... 29177 1.80
REYNOLDS MO..................... 29179 2.20
RIPLEY MO..................... 29181 2.20
SALINE MO..................... 29195 2.00
SCHUYLER MO..................... 29197 1.80
SCOTLAND MO..................... 29199 1.80
SCOTT MO..................... 29201 2.20
SHANNON MO..................... 29203 2.20
SHELBY MO..................... 29205 1.80
ST. CHARLES MO..................... 29183 2.00
ST. CLAIR MO..................... 29185 2.00
ST. FRANCOIS MO..................... 29187 2.00
ST. LOUIS MO..................... 29189 2.00
ST. LOUIS CITY MO..................... 29510 2.00
STE. GENEVIEVE MO..................... 29186 2.00
STODDARD MO..................... 29207 2.20
STONE MO..................... 29209 2.20
SULLIVAN MO..................... 29211 1.80
TANEY MO..................... 29213 2.20
TEXAS MO..................... 29215 2.20
VERNON MO..................... 29217 2.20
WARREN MO..................... 29219 2.00
WASHINGTON MO..................... 29221 2.00
WAYNE MO..................... 29223 2.20
WEBSTER MO..................... 29225 2.20
WORTH MO..................... 29227 1.80
WRIGHT MO..................... 29229 2.20
ADAMS MS..................... 28001 3.40
ALCORN MS..................... 28003 2.90
AMITE MS..................... 28005 3.40
ATTALA MS..................... 28007 3.10
BENTON MS..................... 28009 2.90
[[Page 83]]
BOLIVAR MS..................... 28011 3.10
CALHOUN MS..................... 28013 3.10
CARROLL MS..................... 28015 3.10
CHICKASAW MS..................... 28017 3.10
CHOCTAW MS..................... 28019 3.10
CLAIBORNE MS..................... 28021 3.30
CLARKE MS..................... 28023 3.30
CLAY MS..................... 28025 3.10
COAHOMA MS..................... 28027 2.90
COPIAH MS..................... 28029 3.30
COVINGTON MS..................... 28031 3.40
DE SOTO MS..................... 28033 2.90
FORREST MS..................... 28035 3.40
FRANKLIN MS..................... 28037 3.40
GEORGE MS..................... 28039 3.40
GREENE MS..................... 28041 3.40
GRENADA MS..................... 28043 3.10
HANCOCK MS..................... 28045 3.50
HARRISON MS..................... 28047 3.50
HINDS MS..................... 28049 3.30
HOLMES MS..................... 28051 3.10
HUMPHREYS MS..................... 28053 3.10
ISSAQUENA MS..................... 28055 3.10
ITAWAMBA MS..................... 28057 2.90
JACKSON MS..................... 28059 3.50
JASPER MS..................... 28061 3.30
JEFFERSON MS..................... 28063 3.40
JEFFERSON DAVIS MS..................... 28065 3.40
JONES MS..................... 28067 3.40
KEMPER MS..................... 28069 3.10
LAFAYETTE MS..................... 28071 2.90
LAMAR MS..................... 28073 3.40
LAUDERDALE MS..................... 28075 3.30
LAWRENCE MS..................... 28077 3.40
LEAKE MS..................... 28079 3.10
LEE MS..................... 28081 2.90
LEFLORE MS..................... 28083 3.10
LINCOLN MS..................... 28085 3.40
LOWNDES MS..................... 28087 3.10
MADISON MS..................... 28089 3.10
MARION MS..................... 28091 3.40
MARSHALL MS..................... 28093 2.90
MONROE MS..................... 28095 3.10
MONTGOMERY MS..................... 28097 3.10
NESHOBA MS..................... 28099 3.10
NEWTON MS..................... 28101 3.30
NOXUBEE MS..................... 28103 3.10
OKTIBBEHA MS..................... 28105 3.10
PANOLA MS..................... 28107 2.90
PEARL RIVER MS..................... 28109 3.40
[[Page 84]]
PERRY MS..................... 28111 3.40
PIKE MS..................... 28113 3.40
PONTOTOC MS..................... 28115 2.90
PRENTISS MS..................... 28117 2.90
QUITMAN MS..................... 28119 2.90
RANKIN MS..................... 28121 3.30
SCOTT MS..................... 28123 3.30
SHARKEY MS..................... 28125 3.10
SIMPSON MS..................... 28127 3.30
SMITH MS..................... 28129 3.30
STONE MS..................... 28131 3.40
SUNFLOWER MS..................... 28133 3.10
TALLAHATCHIE MS..................... 28135 3.10
TATE MS..................... 28137 2.90
TIPPAH MS..................... 28139 2.90
TISHOMINGO MS..................... 28141 2.90
TUNICA MS..................... 28143 2.90
UNION MS..................... 28145 2.90
WALTHALL MS..................... 28147 3.40
WARREN MS..................... 28149 3.30
WASHINGTON MS..................... 28151 3.10
WAYNE MS..................... 28153 3.40
WEBSTER MS..................... 28155 3.10
WILKINSON MS..................... 28157 3.40
WINSTON MS..................... 28159 3.10
YALOBUSHA MS..................... 28161 3.10
YAZOO MS..................... 28163 3.10
BEAVERHEAD MT..................... 30001 1.60
BIG HORN MT..................... 30003 1.60
BLAINE MT..................... 30005 1.60
BROADWATER MT..................... 30007 1.60
CARBON MT..................... 30009 1.60
CARTER MT..................... 30011 1.65
CASCADE MT..................... 30013 1.60
CHOUTEAU MT..................... 30015 1.60
CUSTER MT..................... 30017 1.60
DANIELS MT..................... 30019 1.60
DAWSON MT..................... 30021 1.60
DEER LODGE MT..................... 30023 1.60
FALLON MT..................... 30025 1.65
FERGUS MT..................... 30027 1.60
FLATHEAD MT..................... 30029 1.60
GALLATIN MT..................... 30031 1.60
GARFIELD MT..................... 30033 1.60
GLACIER MT..................... 30035 1.60
GOLDEN VALLEY MT..................... 30037 1.60
[[Page 85]]
GRANITE MT..................... 30039 1.60
HILL MT..................... 30041 1.60
JEFFERSON MT..................... 30043 1.60
JUDITH BASIN MT..................... 30045 1.60
LAKE MT..................... 30047 1.60
LEWIS AND CLARK MT..................... 30049 1.60
LIBERTY MT..................... 30051 1.60
LINCOLN MT..................... 30053 1.80
MADISON MT..................... 30057 1.60
MCCONE MT..................... 30055 1.60
MEAGHER MT..................... 30059 1.60
MINERAL MT..................... 30061 1.80
MISSOULA MT..................... 30063 1.60
MUSSELSHELL MT..................... 30065 1.60
PARK MT..................... 30067 1.60
PETROLEUM MT..................... 30069 1.60
PHILLIPS MT..................... 30071 1.60
PONDERA MT..................... 30073 1.60
POWDER RIVER MT..................... 30075 1.60
POWELL MT..................... 30077 1.60
PRAIRIE MT..................... 30079 1.60
RAVALLI MT..................... 30081 1.60
RICHLAND MT..................... 30083 1.60
ROOSEVELT MT..................... 30085 1.60
ROSEBUD MT..................... 30087 1.60
SANDERS MT..................... 30089 1.80
SHERIDAN MT..................... 30091 1.60
SILVER BOW MT..................... 30093 1.60
STILLWATER MT..................... 30095 1.60
SWEET GRASS MT..................... 30097 1.60
TETON MT..................... 30099 1.60
TOOLE MT..................... 30101 1.60
TREASURE MT..................... 30103 1.60
VALLEY MT..................... 30105 1.60
WHEATLAND MT..................... 30107 1.60
WIBAUX MT..................... 30109 1.60
YELLOWSTONE MT..................... 30111 1.60
YELLOWSTONE NAT. PARK MT..................... 30113 1.60
ALAMANCE NC..................... 37001 3.10
ALEXANDER NC..................... 37003 2.95
ALLEGHANY NC..................... 37005 2.95
ANSON NC..................... 37007 3.10
ASHE NC..................... 37009 2.95
AVERY NC..................... 37011 2.95
BEAUFORT NC..................... 37013 3.20
BERTIE NC..................... 37015 3.20
BLADEN NC..................... 37017 3.30
BRUNSWICK NC..................... 37019 3.30
BUNCOMBE NC..................... 37021 2.95
BURKE NC..................... 37023 2.95
[[Page 86]]
CABARRUS NC..................... 37025 3.10
CALDWELL NC..................... 37027 2.95
CAMDEN NC..................... 37029 3.20
CARTERET NC..................... 37031 3.20
CASWELL NC..................... 37033 3.10
CATAWBA NC..................... 37035 3.10
CHATHAM NC..................... 37037 3.10
CHEROKEE NC..................... 37039 2.95
CHOWAN NC..................... 37041 3.20
CLAY NC..................... 37043 2.95
CLEVELAND NC..................... 37045 3.10
COLUMBUS NC..................... 37047 3.30
CRAVEN NC..................... 37049 3.20
CUMBERLAND NC..................... 37051 3.30
CURRITUCK NC..................... 37053 3.20
DARE NC..................... 37055 3.20
DAVIDSON NC..................... 37057 3.10
DAVIE NC..................... 37059 3.10
DUPLIN NC..................... 37061 3.30
DURHAM NC..................... 37063 3.10
EDGECOMBE NC..................... 37065 3.20
FORSYTH NC..................... 37067 3.10
FRANKLIN NC..................... 37069 3.10
GASTON NC..................... 37071 3.10
GATES NC..................... 37073 3.20
GRAHAM NC..................... 37075 2.95
GRANVILLE NC..................... 37077 3.10
GREENE NC..................... 37079 3.20
GUILFORD NC..................... 37081 3.10
HALIFAX NC..................... 37083 3.10
HARNETT NC..................... 37085 3.30
HAYWOOD NC..................... 37087 2.95
HENDERSON NC..................... 37089 2.95
HERTFORD NC..................... 37091 3.20
HOKE NC..................... 37093 3.30
HYDE NC..................... 37095 3.20
IREDELL NC..................... 37097 3.10
JACKSON NC..................... 37099 2.95
JOHNSTON NC..................... 37101 3.20
JONES NC..................... 37103 3.20
LEE NC..................... 37105 3.10
LENOIR NC..................... 37107 3.20
LINCOLN NC..................... 37109 3.10
MACON NC..................... 37113 2.95
MADISON NC..................... 37115 2.95
MARTIN NC..................... 37117 3.20
[[Page 87]]
MCDOWELL NC..................... 37111 2.95
MECKLENBURG NC..................... 37119 3.10
MITCHELL NC..................... 37121 2.95
MONTGOMERY NC..................... 37123 3.10
MOORE NC..................... 37125 3.10
NASH NC..................... 37127 3.10
NEW HANOVER NC..................... 37129 3.30
NORTHAMPTON NC..................... 37131 3.10
ONSLOW NC..................... 37133 3.30
ORANGE NC..................... 37135 3.10
PAMLICO NC..................... 37137 3.20
PASQUOTANK NC..................... 37139 3.20
PENDER NC..................... 37141 3.30
PERQUIMANS NC..................... 37143 3.20
PERSON NC..................... 37145 3.10
PITT NC..................... 37147 3.20
POLK NC..................... 37149 3.10
RANDOLPH NC..................... 37151 3.10
RICHMOND NC..................... 37153 3.10
ROBESON NC..................... 37155 3.30
ROCKINGHAM NC..................... 37157 2.95
ROWAN NC..................... 37159 3.10
RUTHERFORD NC..................... 37161 3.10
SAMPSON NC..................... 37163 3.30
SCOTLAND NC..................... 37165 3.30
STANLY NC..................... 37167 3.10
STOKES NC..................... 37169 2.95
SURRY NC..................... 37171 2.95
SWAIN NC..................... 37173 2.95
TRANSYLVANIA NC..................... 37175 2.95
TYRRELL NC..................... 37177 3.20
UNION NC..................... 37179 3.10
VANCE NC..................... 37181 3.10
WAKE NC..................... 37183 3.10
WARREN NC..................... 37185 3.10
WASHINGTON NC..................... 37187 3.20
WATAUGA NC..................... 37189 2.95
WAYNE NC..................... 37191 3.20
WILKES NC..................... 37193 2.95
WILSON NC..................... 37195 3.20
YADKIN NC..................... 37197 3.10
YANCEY NC..................... 37199 2.95
ADAMS ND..................... 38001 1.65
BARNES ND..................... 38003 1.65
BENSON ND..................... 38005 1.60
BILLINGS ND..................... 38007 1.60
BOTTINEAU ND..................... 38009 1.60
BOWMAN ND..................... 38011 1.65
BURKE ND..................... 38013 1.60
BURLEIGH ND..................... 38015 1.65
[[Page 88]]
CASS ND..................... 38017 1.65
CAVALIER ND..................... 38019 1.60
DICKEY ND..................... 38021 1.65
DIVIDE ND..................... 38023 1.60
DUNN ND..................... 38025 1.60
EDDY ND..................... 38027 1.65
EMMONS ND..................... 38029 1.65
FOSTER ND..................... 38031 1.65
GOLDEN VALLEY ND..................... 38033 1.60
GRAND FORKS ND..................... 38035 1.65
GRANT ND..................... 38037 1.65
GRIGGS ND..................... 38039 1.65
HETTINGER ND..................... 38041 1.65
KIDDER ND..................... 38043 1.65
LA MOURE ND..................... 38045 1.65
LOGAN ND..................... 38047 1.65
MCHENRY ND..................... 38049 1.60
MCINTOSH ND..................... 38051 1.65
MCKENZIE ND..................... 38053 1.60
MCLEAN ND..................... 38055 1.60
MERCER ND..................... 38057 1.60
MORTON ND..................... 38059 1.65
MOUNTRAIL ND..................... 38061 1.60
NELSON ND..................... 38063 1.65
OLIVER ND..................... 38065 1.60
PEMBINA ND..................... 38067 1.60
PIERCE ND..................... 38069 1.60
RAMSEY ND..................... 38071 1.60
RANSOM ND..................... 38073 1.65
RENVILLE ND..................... 38075 1.60
RICHLAND ND..................... 38077 1.65
ROLETTE ND..................... 38079 1.60
SARGENT ND..................... 38081 1.65
SHERIDAN ND..................... 38083 1.60
SIOUX ND..................... 38085 1.65
SLOPE ND..................... 38087 1.65
STARK ND..................... 38089 1.60
STEELE ND..................... 38091 1.65
STUTSMAN ND..................... 38093 1.65
TOWNER ND..................... 38095 1.60
TRAILL ND..................... 38097 1.65
WALSH ND..................... 38099 1.60
WARD ND..................... 38101 1.60
WELLS ND..................... 38103 1.65
WILLIAMS ND..................... 38105 1.60
ADAMS NE..................... 31001 1.80
[[Page 89]]
ANTELOPE NE..................... 31003 1.75
ARTHUR NE..................... 31005 1.80
BANNER NE..................... 31007 1.80
BLAINE NE..................... 31009 1.75
BOONE NE..................... 31011 1.80
BOX BUTTE NE..................... 31013 1.80
BOYD NE..................... 31015 1.75
BROWN NE..................... 31017 1.75
BUFFALO NE..................... 31019 1.80
BURT NE..................... 31021 1.80
BUTLER NE..................... 31023 1.80
CASS NE..................... 31025 1.85
CEDAR NE..................... 31027 1.75
CHASE NE..................... 31029 1.80
CHERRY NE..................... 31031 1.75
CHEYENNE NE..................... 31033 1.80
CLAY NE..................... 31035 1.80
COLFAX NE..................... 31037 1.80
CUMING NE..................... 31039 1.80
CUSTER NE..................... 31041 1.80
DAKOTA NE..................... 31043 1.75
DAWES NE..................... 31045 1.80
DAWSON NE..................... 31047 1.80
DEUEL NE..................... 31049 1.80
DIXON NE..................... 31051 1.75
DODGE NE..................... 31053 1.80
DOUGLAS NE..................... 31055 1.85
DUNDY NE..................... 31057 1.80
FILLMORE NE..................... 31059 1.80
FRANKLIN NE..................... 31061 1.80
FRONTIER NE..................... 31063 1.80
FURNAS NE..................... 31065 1.80
GAGE NE..................... 31067 1.85
GARDEN NE..................... 31069 1.80
GARFIELD NE..................... 31071 1.75
GOSPER NE..................... 31073 1.80
GRANT NE..................... 31075 1.75
GREELEY NE..................... 31077 1.80
HALL NE..................... 31079 1.80
HAMILTON NE..................... 31081 1.80
HARLAN NE..................... 31083 1.80
HAYES NE..................... 31085 1.80
HITCHCOCK NE..................... 31087 1.80
HOLT NE..................... 31089 1.75
HOOKER NE..................... 31091 1.75
HOWARD NE..................... 31093 1.80
JEFFERSON NE..................... 31095 1.80
JOHNSON NE..................... 31097 1.85
KEARNEY NE..................... 31099 1.80
KEITH NE..................... 31101 1.80
[[Page 90]]
KEYA PAHA NE..................... 31103 1.75
KIMBALL NE..................... 31105 1.80
KNOX NE..................... 31107 1.75
LANCASTER NE..................... 31109 1.85
LINCOLN NE..................... 31111 1.80
LOGAN NE..................... 31113 1.80
LOUP NE..................... 31115 1.75
MADISON NE..................... 31119 1.80
MCPHERSON NE..................... 31117 1.80
MERRICK NE..................... 31121 1.80
MORRILL NE..................... 31123 1.80
NANCE NE..................... 31125 1.80
NEMAHA NE..................... 31127 1.85
NUCKOLLS NE..................... 31129 1.80
OTOE NE..................... 31131 1.85
PAWNEE NE..................... 31133 1.85
PERKINS NE..................... 31135 1.80
PHELPS NE..................... 31137 1.80
PIERCE NE..................... 31139 1.75
PLATTE NE..................... 31141 1.80
POLK NE..................... 31143 1.80
RED WILLOW NE..................... 31145 1.80
RICHARDSON NE..................... 31147 1.85
ROCK NE..................... 31149 1.75
SALINE NE..................... 31151 1.80
SARPY NE..................... 31153 1.85
SAUNDERS NE..................... 31155 1.85
SCOTTS BLUFF NE..................... 31157 1.80
SEWARD NE..................... 31159 1.80
SHERIDAN NE..................... 31161 1.80
SHERMAN NE..................... 31163 1.80
SIOUX NE..................... 31165 1.80
STANTON NE..................... 31167 1.80
THAYER NE..................... 31169 1.80
THOMAS NE..................... 31171 1.75
THURSTON NE..................... 31173 1.75
VALLEY NE..................... 31175 1.80
WASHINGTON NE..................... 31177 1.85
WAYNE NE..................... 31179 1.75
WEBSTER NE..................... 31181 1.80
WHEELER NE..................... 31183 1.75
YORK NE..................... 31185 1.80
BELKNAP NH..................... 33001 2.80
CARROLL NH..................... 33003 2.80
CHESHIRE NH..................... 33005 2.80
COOS NH..................... 33007 2.60
[[Page 91]]
GRAFTON NH..................... 33009 2.60
HILLSBOROUGH NH..................... 33011 3.00
MERRIMACK NH..................... 33013 3.00
ROCKINGHAM NH..................... 33015 3.00
STRAFFORD NH..................... 33017 3.00
SULLIVAN NH..................... 33019 2.80
ATLANTIC NJ..................... 34001 3.05
BERGEN NJ..................... 34003 3.15
BURLINGTON NJ..................... 34005 3.05
CAMDEN NJ..................... 34007 3.05
CAPE MAY NJ..................... 34009 3.05
CUMBERLAND NJ..................... 34011 3.05
ESSEX NJ..................... 34013 3.15
GLOUCESTER NJ..................... 34015 3.05
HUDSON NJ..................... 34017 3.15
HUNTERDON NJ..................... 34019 3.10
MERCER NJ..................... 34021 3.10
MIDDLESEX NJ..................... 34023 3.10
MONMOUTH NJ..................... 34025 3.10
MORRIS NJ..................... 34027 3.10
OCEAN NJ..................... 34029 3.10
PASSAIC NJ..................... 34031 3.15
SALEM NJ..................... 34033 3.05
SOMERSET NJ..................... 34035 3.10
SUSSEX NJ..................... 34037 3.10
UNION NJ..................... 34039 3.15
WARREN NJ..................... 34041 3.10
BERNALILLO NM..................... 35001 2.35
CATRON NM..................... 35003 2.10
CHAVES NM..................... 35005 2.10
CIBOLA NM..................... 35006 1.90
COLFAX NM..................... 35007 2.35
CURRY NM..................... 35009 2.10
DE BACA NM..................... 35011 2.10
DONA ANA NM..................... 35013 2.10
EDDY NM..................... 35015 2.10
GRANT NM..................... 35017 2.10
GUADALUPE NM..................... 35019 2.35
HARDING NM..................... 35021 2.35
HIDALGO NM..................... 35023 2.10
LEA NM..................... 35025 2.10
LINCOLN NM..................... 35027 2.10
LOS ALAMOS NM..................... 35028 2.35
LUNA NM..................... 35029 2.10
MCKINLEY NM..................... 35031 1.90
MORA NM..................... 35033 2.35
OTERO NM..................... 35035 2.10
QUAY NM..................... 35037 2.35
RIO ARRIBA NM..................... 35039 1.90
ROOSEVELT NM..................... 35041 2.10
[[Page 92]]
SAN JUAN NM..................... 35045 1.90
SAN MIGUEL NM..................... 35047 2.35
SANDOVAL NM..................... 35043 2.35
SANTA FE NM..................... 35049 2.35
SIERRA NM..................... 35051 2.10
SOCORRO NM..................... 35053 2.10
TAOS NM..................... 35055 1.90
TORRANCE NM..................... 35057 2.35
UNION NM..................... 35059 2.35
VALENCIA NM..................... 35061 2.35
CARSON CITY NV..................... 32510 1.70
CHURCHILL NV..................... 32001 1.70
CLARK NV..................... 32003 2.00
DOUGLAS NV..................... 32005 1.70
ELKO NV..................... 32007 1.90
ESMERALDA NV..................... 32009 1.60
EUREKA NV..................... 32011 1.70
HUMBOLDT NV..................... 32013 1.70
LANDER NV..................... 32015 1.70
LINCOLN NV..................... 32017 1.60
LYON NV..................... 32019 1.70
MINERAL NV..................... 32021 1.60
NYE NV..................... 32023 1.60
PERSHING NV..................... 32027 1.70
STOREY NV..................... 32029 1.70
WASHOE NV..................... 32031 1.70
WHITE PINE NV..................... 32033 1.90
ALBANY NY..................... 36001 2.70
ALLEGANY NY..................... 36003 2.30
BRONX NY..................... 36005 3.15
BROOME NY..................... 36007 2.70
CATTARAUGUS NY..................... 36009 2.10
CAYUGA NY..................... 36011 2.30
CHAUTAUQUA NY..................... 36013 2.10
CHEMUNG NY..................... 36015 2.50
CHENANGO NY..................... 36017 2.50
CLINTON NY..................... 36019 2.30
COLUMBIA NY..................... 36021 2.70
CORTLAND NY..................... 36023 2.50
DELAWARE NY..................... 36025 2.70
DUTCHESS NY..................... 36027 2.80
ERIE NY..................... 36029 2.20
ESSEX NY..................... 36031 2.30
FRANKLIN NY..................... 36033 2.30
FULTON NY..................... 36035 2.50
GENESEE NY..................... 36037 2.20
[[Page 93]]
GREENE NY..................... 36039 2.70
HAMILTON NY..................... 36041 2.50
HERKIMER NY..................... 36043 2.50
JEFFERSON NY..................... 36045 2.30
KINGS NY..................... 36047 3.15
LEWIS NY..................... 36049 2.30
LIVINGSTON NY..................... 36051 2.30
MADISON NY..................... 36053 2.50
MONROE NY..................... 36055 2.30
MONTGOMERY NY..................... 36057 2.70
NASSAU NY..................... 36059 3.15
NEW YORK NY..................... 36061 3.15
NIAGARA NY..................... 36063 2.20
ONEIDA NY..................... 36065 2.50
ONONDAGA NY..................... 36067 2.50
ONTARIO NY..................... 36069 2.30
ORANGE NY..................... 36071 3.00
ORLEANS NY..................... 36073 2.20
OSWEGO NY..................... 36075 2.30
OTSEGO NY..................... 36077 2.50
PUTNAM NY..................... 36079 3.00
QUEENS NY..................... 36081 3.15
RENSSELAER NY..................... 36083 2.70
RICHMOND NY..................... 36085 3.15
ROCKLAND NY..................... 36087 3.15
SARATOGA NY..................... 36091 2.70
SCHENECTADY NY..................... 36093 2.70
SCHOHARIE NY..................... 36095 2.70
SCHUYLER NY..................... 36097 2.30
SENECA NY..................... 36099 2.30
ST. LAWRENCE NY..................... 36089 2.30
STEUBEN NY..................... 36101 2.30
SUFFOLK NY..................... 36103 3.15
SULLIVAN NY..................... 36105 2.80
TIOGA NY..................... 36107 2.50
TOMPKINS NY..................... 36109 2.50
ULSTER NY..................... 36111 2.80
WARREN NY..................... 36113 2.50
WASHINGTON NY..................... 36115 2.60
WAYNE NY..................... 36117 2.30
WESTCHESTER NY..................... 36119 3.15
WYOMING NY..................... 36121 2.20
YATES NY..................... 36123 2.30
ADAMS OH..................... 39001 2.20
ALLEN OH..................... 39003 2.00
ASHLAND OH..................... 39005 2.00
ASHTABULA OH..................... 39007 2.00
ATHENS OH..................... 39009 2.00
AUGLAIZE OH..................... 39011 2.00
BELMONT OH..................... 39013 2.00
[[Page 94]]
BROWN OH..................... 39015 2.20
BUTLER OH..................... 39017 2.00
CARROLL OH..................... 39019 2.00
CHAMPAIGN OH..................... 39021 2.00
CLARK OH..................... 39023 2.00
CLERMONT OH..................... 39025 2.20
CLINTON OH..................... 39027 2.00
COLUMBIANA OH..................... 39029 2.00
COSHOCTON OH..................... 39031 2.00
CRAWFORD OH..................... 39033 2.00
CUYAHOGA OH..................... 39035 2.00
DARKE OH..................... 39037 2.00
DEFIANCE OH..................... 39039 1.80
DELAWARE OH..................... 39041 2.00
ERIE OH..................... 39043 2.00
FAIRFIELD OH..................... 39045 2.00
FAYETTE OH..................... 39047 2.00
FRANKLIN OH..................... 39049 2.00
FULTON OH..................... 39051 1.80
GALLIA OH..................... 39053 2.20
GEAUGA OH..................... 39055 2.00
GREENE OH..................... 39057 2.00
GUERNSEY OH..................... 39059 2.00
HAMILTON OH..................... 39061 2.20
HANCOCK OH..................... 39063 2.00
HARDIN OH..................... 39065 2.00
HARRISON OH..................... 39067 2.00
HENRY OH..................... 39069 1.80
HIGHLAND OH..................... 39071 2.20
HOCKING OH..................... 39073 2.00
HOLMES OH..................... 39075 2.00
HURON OH..................... 39077 2.00
JACKSON OH..................... 39079 2.20
JEFFERSON OH..................... 39081 2.00
KNOX OH..................... 39083 2.00
LAKE OH..................... 39085 2.00
LAWRENCE OH..................... 39087 2.20
LICKING OH..................... 39089 2.00
LOGAN OH..................... 39091 2.00
LORAIN OH..................... 39093 2.00
LUCAS OH..................... 39095 1.80
MADISON OH..................... 39097 2.00
MAHONING OH..................... 39099 2.00
MARION OH..................... 39101 2.00
MEDINA OH..................... 39103 2.00
MEIGS OH..................... 39105 2.00
[[Page 95]]
MERCER OH..................... 39107 2.00
MIAMI OH..................... 39109 2.00
MONROE OH..................... 39111 2.00
MONTGOMERY OH..................... 39113 2.00
MORGAN OH..................... 39115 2.00
MORROW OH..................... 39117 2.00
MUSKINGUM OH..................... 39119 2.00
NOBLE OH..................... 39121 2.00
OTTAWA OH..................... 39123 2.00
PAULDING OH..................... 39125 1.80
PERRY OH..................... 39127 2.00
PICKAWAY OH..................... 39129 2.00
PIKE OH..................... 39131 2.20
PORTAGE OH..................... 39133 2.00
PREBLE OH..................... 39135 2.00
PUTNAM OH..................... 39137 1.80
RICHLAND OH..................... 39139 2.00
ROSS OH..................... 39141 2.00
SANDUSKY OH..................... 39143 2.00
SCIOTO OH..................... 39145 2.20
SENECA OH..................... 39147 2.00
SHELBY OH..................... 39149 2.00
STARK OH..................... 39151 2.00
SUMMIT OH..................... 39153 2.00
TRUMBULL OH..................... 39155 2.00
TUSCARAWAS OH..................... 39157 2.00
UNION OH..................... 39159 2.00
VAN WERT OH..................... 39161 1.80
VINTON OH..................... 39163 2.00
WARREN OH..................... 39165 2.00
WASHINGTON OH..................... 39167 2.00
WAYNE OH..................... 39169 2.00
WILLIAMS OH..................... 39171 1.80
WOOD OH..................... 39173 2.00
WYANDOT OH..................... 39175 2.00
ADAIR OK..................... 40001 2.60
ALFALFA OK..................... 40003 2.40
ATOKA OK..................... 40005 2.80
BEAVER OK..................... 40007 2.40
BECKHAM OK..................... 40009 2.40
BLAINE OK..................... 40011 2.40
BRYAN OK..................... 40013 2.80
CADDO OK..................... 40015 2.60
CANADIAN OK..................... 40017 2.60
CARTER OK..................... 40019 2.80
CHEROKEE OK..................... 40021 2.60
CHOCTAW OK..................... 40023 2.80
CIMARRON OK..................... 40025 2.40
CLEVELAND OK..................... 40027 2.60
COAL OK..................... 40029 2.80
[[Page 96]]
COMANCHE OK..................... 40031 2.60
COTTON OK..................... 40033 2.80
CRAIG OK..................... 40035 2.40
CREEK OK..................... 40037 2.60
CUSTER OK..................... 40039 2.40
DELAWARE OK..................... 40041 2.40
DEWEY OK..................... 40043 2.40
ELLIS OK..................... 40045 2.40
GARFIELD OK..................... 40047 2.40
GARVIN OK..................... 40049 2.60
GRADY OK..................... 40051 2.60
GRANT OK..................... 40053 2.40
GREER OK..................... 40055 2.60
HARMON OK..................... 40057 2.60
HARPER OK..................... 40059 2.40
HASKELL OK..................... 40061 2.80
HUGHES OK..................... 40063 2.60
JACKSON OK..................... 40065 2.60
JEFFERSON OK..................... 40067 2.80
JOHNSTON OK..................... 40069 2.80
KAY OK..................... 40071 2.40
KINGFISHER OK..................... 40073 2.40
KIOWA OK..................... 40075 2.60
LATIMER OK..................... 40077 2.80
LE FLORE OK..................... 40079 2.80
LINCOLN OK..................... 40081 2.60
LOGAN OK..................... 40083 2.40
LOVE OK..................... 40085 2.80
MAJOR OK..................... 40093 2.40
MARSHALL OK..................... 40095 2.80
MAYES OK..................... 40097 2.40
MCCLAIN OK..................... 40087 2.60
MCCURTAIN OK..................... 40089 2.80
MCINTOSH OK..................... 40091 2.60
MURRAY OK..................... 40099 2.80
MUSKOGEE OK..................... 40101 2.60
NOBLE OK..................... 40103 2.40
NOWATA OK..................... 40105 2.40
OKFUSKEE OK..................... 40107 2.60
OKLAHOMA OK..................... 40109 2.60
OKMULGEE OK..................... 40111 2.60
OSAGE OK..................... 40113 2.40
OTTAWA OK..................... 40115 2.40
PAWNEE OK..................... 40117 2.40
PAYNE OK..................... 40119 2.40
PITTSBURG OK..................... 40121 2.80
[[Page 97]]
PONTOTOC OK..................... 40123 2.80
POTTAWATOMIE OK..................... 40125 2.60
PUSHMATAHA OK..................... 40127 2.80
ROGER MILLS OK..................... 40129 2.40
ROGERS OK..................... 40131 2.40
SEMINOLE OK..................... 40133 2.60
SEQUOYAH OK..................... 40135 2.80
STEPHENS OK..................... 40137 2.80
TEXAS OK..................... 40139 2.40
TILLMAN OK..................... 40141 2.60
TULSA OK..................... 40143 2.60
WAGONER OK..................... 40145 2.60
WASHINGTON OK..................... 40147 2.40
WASHITA OK..................... 40149 2.40
WOODS OK..................... 40151 2.40
WOODWARD OK..................... 40153 2.40
BAKER OR..................... 41001 1.60
BENTON OR..................... 41003 1.90
CLACKAMAS OR..................... 41005 1.90
CLATSOP OR..................... 41007 1.90
COLUMBIA OR..................... 41009 1.90
COOS OR..................... 41011 1.90
CROOK OR..................... 41013 1.75
CURRY OR..................... 41015 1.90
DESCHUTES OR..................... 41017 1.75
DOUGLAS OR..................... 41019 1.90
GILLIAM OR..................... 41021 1.75
GRANT OR..................... 41023 1.60
HARNEY OR..................... 41025 1.60
HOOD RIVER OR..................... 41027 1.90
JACKSON OR..................... 41029 1.90
JEFFERSON OR..................... 41031 1.75
JOSEPHINE OR..................... 41033 1.90
KLAMATH OR..................... 41035 1.75
LAKE OR..................... 41037 1.75
LANE OR..................... 41039 1.90
LINCOLN OR..................... 41041 1.90
LINN OR..................... 41043 1.90
MALHEUR OR..................... 41045 1.60
MARION OR..................... 41047 1.90
MORROW OR..................... 41049 1.75
MULTNOMAH OR..................... 41051 1.90
POLK OR..................... 41053 1.90
SHERMAN OR..................... 41055 1.75
TILLAMOOK OR..................... 41057 1.90
UMATILLA OR..................... 41059 1.75
UNION OR..................... 41061 1.60
WALLOWA OR..................... 41063 1.60
WASCO OR..................... 41065 1.75
WASHINGTON OR..................... 41067 1.90
[[Page 98]]
WHEELER OR..................... 41069 1.75
YAMHILL OR..................... 41071 1.90
ADAMS PA..................... 42001 2.80
ALLEGHENY PA..................... 42003 2.10
ARMSTRONG PA..................... 42005 2.30
BEAVER PA..................... 42007 2.10
BEDFORD PA..................... 42009 2.30
BERKS PA..................... 42011 2.80
BLAIR PA..................... 42013 2.30
BRADFORD PA..................... 42015 2.50
BUCKS PA..................... 42017 3.05
BUTLER PA..................... 42019 2.10
CAMBRIA PA..................... 42021 2.30
CAMERON PA..................... 42023 2.30
CARBON PA..................... 42025 2.80
CENTRE PA..................... 42027 2.50
CHESTER PA..................... 42029 3.05
CLARION PA..................... 42031 2.30
CLEARFIELD PA..................... 42033 2.30
CLINTON PA..................... 42035 2.50
COLUMBIA PA..................... 42037 2.70
CRAWFORD PA..................... 42039 2.10
CUMBERLAND PA..................... 42041 2.80
DAUPHIN PA..................... 42043 2.80
DELAWARE PA..................... 42045 3.05
ELK PA..................... 42047 2.30
ERIE PA..................... 42049 2.10
FAYETTE PA..................... 42051 2.30
FOREST PA..................... 42053 2.30
FRANKLIN PA..................... 42055 2.80
FULTON PA..................... 42057 2.70
GREENE PA..................... 42059 2.10
HUNTINGDON PA..................... 42061 2.30
INDIANA PA..................... 42063 2.30
JEFFERSON PA..................... 42065 2.30
JUNIATA PA..................... 42067 2.70
LACKAWANNA PA..................... 42069 2.70
LANCASTER PA..................... 42071 2.90
LAWRENCE PA..................... 42073 2.10
LEBANON PA..................... 42075 2.80
LEHIGH PA..................... 42077 2.80
LUZERNE PA..................... 42079 2.70
LYCOMING PA..................... 42081 2.50
MCKEAN PA..................... 42083 2.30
MERCER PA..................... 42085 2.10
MIFFLIN PA..................... 42087 2.70
[[Page 99]]
MONROE PA..................... 42089 2.80
MONTGOMERY PA..................... 42091 3.05
MONTOUR PA..................... 42093 2.70
NORTHAMPTON PA..................... 42095 2.80
NORTHUMBERLAND PA..................... 42097 2.70
PERRY PA..................... 42099 2.70
PHILADELPHIA PA..................... 42101 3.05
PIKE PA..................... 42103 2.80
POTTER PA..................... 42105 2.50
SCHUYLKILL PA..................... 42107 2.80
SNYDER PA..................... 42109 2.70
SOMERSET PA..................... 42111 2.30
SULLIVAN PA..................... 42113 2.50
SUSQUEHANNA PA..................... 42115 2.50
TIOGA PA..................... 42117 2.50
UNION PA..................... 42119 2.70
VENANGO PA..................... 42121 2.10
WARREN PA..................... 42123 2.10
WASHINGTON PA..................... 42125 2.10
WAYNE PA..................... 42127 2.70
WESTMORELAND PA..................... 42129 2.30
WYOMING PA..................... 42131 2.50
YORK PA..................... 42133 2.90
BRISTOL RI..................... 44001 3.25
KENT RI..................... 44003 3.25
NEWPORT RI..................... 44005 3.25
PROVIDENCE RI..................... 44007 3.25
WASHINGTON RI..................... 44009 3.25
ABBEVILLE SC..................... 45001 3.10
AIKEN SC..................... 45003 3.30
ALLENDALE SC..................... 45005 3.30
ANDERSON SC..................... 45007 3.10
BAMBERG SC..................... 45009 3.30
BARNWELL SC..................... 45011 3.30
BEAUFORT SC..................... 45013 3.30
BERKELEY SC..................... 45015 3.30
CALHOUN SC..................... 45017 3.30
CHARLESTON SC..................... 45019 3.30
CHEROKEE SC..................... 45021 3.10
CHESTER SC..................... 45023 3.10
CHESTERFIELD SC..................... 45025 3.30
CLARENDON SC..................... 45027 3.30
COLLETON SC..................... 45029 3.30
DARLINGTON SC..................... 45031 3.30
DILLON SC..................... 45033 3.30
DORCHESTER SC..................... 45035 3.30
EDGEFIELD SC..................... 45037 3.30
FAIRFIELD SC..................... 45039 3.30
FLORENCE SC..................... 45041 3.30
GEORGETOWN SC..................... 45043 3.30
[[Page 100]]
GREENVILLE SC..................... 45045 3.10
GREENWOOD SC..................... 45047 3.10
HAMPTON SC..................... 45049 3.30
HORRY SC..................... 45051 3.30
JASPER SC..................... 45053 3.30
KERSHAW SC..................... 45055 3.30
LANCASTER SC..................... 45057 3.10
LAURENS SC..................... 45059 3.10
LEE SC..................... 45061 3.30
LEXINGTON SC..................... 45063 3.30
MARION SC..................... 45067 3.30
MARLBORO SC..................... 45069 3.30
MCCORMICK SC..................... 45065 3.10
NEWBERRY SC..................... 45071 3.30
OCONEE SC..................... 45073 3.10
ORANGEBURG SC..................... 45075 3.30
PICKENS SC..................... 45077 3.10
RICHLAND SC..................... 45079 3.30
SALUDA SC..................... 45081 3.30
SPARTANBURG SC..................... 45083 3.10
SUMTER SC..................... 45085 3.30
UNION SC..................... 45087 3.10
WILLIAMSBURG SC..................... 45089 3.30
YORK SC..................... 45091 3.10
AURORA SD..................... 46003 1.70
BEADLE SD..................... 46005 1.70
BENNETT SD..................... 46007 1.70
BON HOMME SD..................... 46009 1.75
BROOKINGS SD..................... 46011 1.70
BROWN SD..................... 46013 1.70
BRULE SD..................... 46015 1.70
BUFFALO SD..................... 46017 1.70
BUTTE SD..................... 46019 1.65
CAMPBELL SD..................... 46021 1.65
CHARLES MIX SD..................... 46023 1.75
CLARK SD..................... 46025 1.70
CLAY SD..................... 46027 1.75
CODINGTON SD..................... 46029 1.70
CORSON SD..................... 46031 1.65
CUSTER SD..................... 46033 1.80
DAVISON SD..................... 46035 1.70
DAY SD..................... 46037 1.70
DEUEL SD..................... 46039 1.70
DEWEY SD..................... 46041 1.65
DOUGLAS SD..................... 46043 1.75
EDMUNDS SD..................... 46045 1.70
[[Page 101]]
FALL RIVER SD..................... 46047 1.80
FAULK SD..................... 46049 1.70
GRANT SD..................... 46051 1.70
GREGORY SD..................... 46053 1.75
HAAKON SD..................... 46055 1.70
HAMLIN SD..................... 46057 1.70
HAND SD..................... 46059 1.70
HANSON SD..................... 46061 1.70
HARDING SD..................... 46063 1.65
HUGHES SD..................... 46065 1.70
HUTCHINSON SD..................... 46067 1.75
HYDE SD..................... 46069 1.70
JACKSON SD..................... 46071 1.70
JERAULD SD..................... 46073 1.70
JONES SD..................... 46075 1.70
KINGSBURY SD..................... 46077 1.70
LAKE SD..................... 46079 1.70
LAWRENCE SD..................... 46081 1.80
LINCOLN SD..................... 46083 1.75
LYMAN SD..................... 46085 1.70
MARSHALL SD..................... 46091 1.70
MCCOOK SD..................... 46087 1.70
MCPHERSON SD..................... 46089 1.70
MEADE SD..................... 46093 1.65
MELLETTE SD..................... 46095 1.70
MINER SD..................... 46097 1.70
MINNEHAHA SD..................... 46099 1.70
MOODY SD..................... 46101 1.70
PENNINGTON SD..................... 46103 1.80
PERKINS SD..................... 46105 1.65
POTTER SD..................... 46107 1.70
ROBERTS SD..................... 46109 1.70
SANBORN SD..................... 46111 1.70
SHANNON SD..................... 46113 1.80
SPINK SD..................... 46115 1.70
STANLEY SD..................... 46117 1.70
SULLY SD..................... 46119 1.70
TODD SD..................... 46121 1.70
TRIPP SD..................... 46123 1.70
TURNER SD..................... 46125 1.75
UNION SD..................... 46127 1.75
WALWORTH SD..................... 46129 1.70
YANKTON SD..................... 46135 1.75
ZIEBACH SD..................... 46137 1.65
ANDERSON TN..................... 47001 2.80
BEDFORD TN..................... 47003 2.60
BENTON TN..................... 47005 2.60
BLEDSOE TN..................... 47007 2.60
BLOUNT TN..................... 47009 2.80
BRADLEY TN..................... 47011 2.80
[[Page 102]]
CAMPBELL TN..................... 47013 2.80
CANNON TN..................... 47015 2.60
CARROLL TN..................... 47017 2.60
CARTER TN..................... 47019 2.80
CHEATHAM TN..................... 47021 2.60
CHESTER TN..................... 47023 2.80
CLAIBORNE TN..................... 47025 2.80
CLAY TN..................... 47027 2.60
COCKE TN..................... 47029 2.80
COFFEE TN..................... 47031 2.60
CROCKETT TN..................... 47033 2.60
CUMBERLAND TN..................... 47035 2.80
DAVIDSON TN..................... 47037 2.60
DE KALB TN..................... 47041 2.60
DECATUR TN..................... 47039 2.60
DICKSON TN..................... 47043 2.60
DYER TN..................... 47045 2.60
FAYETTE TN..................... 47047 2.80
FENTRESS TN..................... 47049 2.60
FRANKLIN TN..................... 47051 2.80
GIBSON TN..................... 47053 2.60
GILES TN..................... 47055 2.80
GRAINGER TN..................... 47057 2.80
GREENE TN..................... 47059 2.80
GRUNDY TN..................... 47061 2.60
HAMBLEN TN..................... 47063 2.80
HAMILTON TN..................... 47065 2.80
HANCOCK TN..................... 47067 2.80
HARDEMAN TN..................... 47069 2.80
HARDIN TN..................... 47071 2.80
HAWKINS TN..................... 47073 2.80
HAYWOOD TN..................... 47075 2.60
HENDERSON TN..................... 47077 2.60
HENRY TN..................... 47079 2.60
HICKMAN TN..................... 47081 2.60
HOUSTON TN..................... 47083 2.60
HUMPHREYS TN..................... 47085 2.60
JACKSON TN..................... 47087 2.60
JEFFERSON TN..................... 47089 2.80
JOHNSON TN..................... 47091 2.80
KNOX TN..................... 47093 2.80
LAKE TN..................... 47095 2.60
LAUDERDALE TN..................... 47097 2.60
LAWRENCE TN..................... 47099 2.80
LEWIS TN..................... 47101 2.60
LINCOLN TN..................... 47103 2.80
[[Page 103]]
LOUDON TN..................... 47105 2.80
MACON TN..................... 47111 2.60
MADISON TN..................... 47113 2.60
MARION TN..................... 47115 2.80
MARSHALL TN..................... 47117 2.60
MAURY TN..................... 47119 2.60
MCMINN TN..................... 47107 2.80
MCNAIRY TN..................... 47109 2.80
MEIGS TN..................... 47121 2.80
MONROE TN..................... 47123 2.80
MONTGOMERY TN..................... 47125 2.60
MOORE TN..................... 47127 2.80
MORGAN TN..................... 47129 2.80
OBION TN..................... 47131 2.60
OVERTON TN..................... 47133 2.60
PERRY TN..................... 47135 2.60
PICKETT TN..................... 47137 2.60
POLK TN..................... 47139 2.80
PUTNAM TN..................... 47141 2.60
RHEA TN..................... 47143 2.80
ROANE TN..................... 47145 2.80
ROBERTSON TN..................... 47147 2.60
RUTHERFORD TN..................... 47149 2.60
SCOTT TN..................... 47151 2.80
SEQUATCHIE TN..................... 47153 2.80
SEVIER TN..................... 47155 2.80
SHELBY TN..................... 47157 2.80
SMITH TN..................... 47159 2.60
STEWART TN..................... 47161 2.60
SULLIVAN TN..................... 47163 2.80
SUMNER TN..................... 47165 2.60
TIPTON TN..................... 47167 2.80
TROUSDALE TN..................... 47169 2.60
UNICOI TN..................... 47171 2.80
UNION TN..................... 47173 2.80
VAN BUREN TN..................... 47175 2.60
WARREN TN..................... 47177 2.60
WASHINGTON TN..................... 47179 2.80
WAYNE TN..................... 47181 2.80
WEAKLEY TN..................... 47183 2.60
WHITE TN..................... 47185 2.60
WILLIAMSON TN..................... 47187 2.60
WILSON TN..................... 47189 2.60
ANDERSON TX..................... 48001 3.15
ANDREWS TX..................... 48003 2.40
ANGELINA TX..................... 48005 3.15
ARANSAS TX..................... 48007 3.65
ARCHER TX..................... 48009 2.80
ARMSTRONG TX..................... 48011 2.40
ATASCOSA TX..................... 48013 3.45
[[Page 104]]
AUSTIN TX..................... 48015 3.60
BAILEY TX..................... 48017 2.40
BANDERA TX..................... 48019 3.30
BASTROP TX..................... 48021 3.30
BAYLOR TX..................... 48023 2.60
BEE TX..................... 48025 3.65
BELL TX..................... 48027 3.15
BEXAR TX..................... 48029 3.45
BLANCO TX..................... 48031 3.30
BORDEN TX..................... 48033 2.40
BOSQUE TX..................... 48035 3.15
BOWIE TX..................... 48037 3.00
BRAZORIA TX..................... 48039 3.60
BRAZOS TX..................... 48041 3.30
BREWSTER TX..................... 48043 2.40
BRISCOE TX..................... 48045 2.40
BROOKS TX..................... 48047 3.65
BROWN TX..................... 48049 2.80
BURLESON TX..................... 48051 3.30
BURNET TX..................... 48053 3.30
CALDWELL TX..................... 48055 3.45
CALHOUN TX..................... 48057 3.65
CALLAHAN TX..................... 48059 2.80
CAMERON TX..................... 48061 3.65
CAMP TX..................... 48063 3.00
CARSON TX..................... 48065 2.40
CASS TX..................... 48067 3.00
CASTRO TX..................... 48069 2.40
CHAMBERS TX..................... 48071 3.60
CHEROKEE TX..................... 48073 3.15
CHILDRESS TX..................... 48075 2.40
CLAY TX..................... 48077 2.80
COCHRAN TX..................... 48079 2.40
COKE TX..................... 48081 2.60
COLEMAN TX..................... 48083 2.80
COLLIN TX..................... 48085 3.00
COLLINGSWORTH TX..................... 48087 2.40
COLORADO TX..................... 48089 3.60
COMAL TX..................... 48091 3.45
COMANCHE TX..................... 48093 2.80
CONCHO TX..................... 48095 2.80
COOKE TX..................... 48097 3.00
CORYELL TX..................... 48099 3.15
COTTLE TX..................... 48101 2.40
CRANE TX..................... 48103 2.40
CROCKETT TX..................... 48105 2.60
[[Page 105]]
CROSBY TX..................... 48107 2.40
CULBERSON TX..................... 48109 2.40
DALLAM TX..................... 48111 2.40
DALLAS TX..................... 48113 3.00
DAWSON TX..................... 48115 2.40
DE WITT TX..................... 48123 3.60
DEAF SMITH TX..................... 48117 2.40
DELTA TX..................... 48119 3.00
DENTON TX..................... 48121 3.00
DICKENS TX..................... 48125 2.40
DIMMIT TX..................... 48127 3.45
DONLEY TX..................... 48129 2.40
DUVAL TX..................... 48131 3.65
EASTLAND TX..................... 48133 2.80
ECTOR TX..................... 48135 2.40
EDWARDS TX..................... 48137 2.80
EL PASO TX..................... 48141 2.25
ELLIS TX..................... 48139 3.00
ERATH TX..................... 48143 3.00
FALLS TX..................... 48145 3.15
FANNIN TX..................... 48147 3.00
FAYETTE TX..................... 48149 3.60
FISHER TX..................... 48151 2.60
FLOYD TX..................... 48153 2.40
FOARD TX..................... 48155 2.60
FORT BEND TX..................... 48157 3.60
FRANKLIN TX..................... 48159 3.00
FREESTONE TX..................... 48161 3.15
FRIO TX..................... 48163 3.45
GAINES TX..................... 48165 2.40
GALVESTON TX..................... 48167 3.60
GARZA TX..................... 48169 2.40
GILLESPIE TX..................... 48171 3.30
GLASSCOCK TX..................... 48173 2.60
GOLIAD TX..................... 48175 3.65
GONZALES TX..................... 48177 3.45
GRAY TX..................... 48179 2.40
GRAYSON TX..................... 48181 3.00
GREGG TX..................... 48183 3.00
GRIMES TX..................... 48185 3.30
GUADALUPE TX..................... 48187 3.45
HALE TX..................... 48189 2.40
HALL TX..................... 48191 2.40
HAMILTON TX..................... 48193 3.15
HANSFORD TX..................... 48195 2.40
HARDEMAN TX..................... 48197 2.60
HARDIN TX..................... 48199 3.60
HARRIS TX..................... 48201 3.60
HARRISON TX..................... 48203 3.00
HARTLEY TX..................... 48205 2.40
[[Page 106]]
HASKELL TX..................... 48207 2.60
HAYS TX..................... 48209 3.45
HEMPHILL TX..................... 48211 2.40
HENDERSON TX..................... 48213 3.00
HIDALGO TX..................... 48215 3.65
HILL TX..................... 48217 3.15
HOCKLEY TX..................... 48219 2.40
HOOD TX..................... 48221 3.00
HOPKINS TX..................... 48223 3.00
HOUSTON TX..................... 48225 3.15
HOWARD TX..................... 48227 2.40
HUDSPETH TX..................... 48229 2.25
HUNT TX..................... 48231 3.00
HUTCHINSON TX..................... 48233 2.40
IRION TX..................... 48235 2.60
JACK TX..................... 48237 2.80
JACKSON TX..................... 48239 3.60
JASPER TX..................... 48241 3.30
JEFF DAVIS TX..................... 48243 2.40
JEFFERSON TX..................... 48245 3.60
JIM HOGG TX..................... 48247 3.65
JIM WELLS TX..................... 48249 3.65
JOHNSON TX..................... 48251 3.00
JONES TX..................... 48253 2.60
KARNES TX..................... 48255 3.65
KAUFMAN TX..................... 48257 3.00
KENDALL TX..................... 48259 3.30
KENEDY TX..................... 48261 3.65
KENT TX..................... 48263 2.60
KERR TX..................... 48265 3.30
KIMBLE TX..................... 48267 2.80
KING TX..................... 48269 2.60
KINNEY TX..................... 48271 3.30
KLEBERG TX..................... 48273 3.65
KNOX TX..................... 48275 2.60
LA SALLE TX..................... 48283 3.45
LAMAR TX..................... 48277 3.00
LAMB TX..................... 48279 2.40
LAMPASAS TX..................... 48281 3.15
LAVACA TX..................... 48285 3.60
LEE TX..................... 48287 3.30
LEON TX..................... 48289 3.15
LIBERTY TX..................... 48291 3.60
LIMESTONE TX..................... 48293 3.15
LIPSCOMB TX..................... 48295 2.40
LIVE OAK TX..................... 48297 3.65
[[Page 107]]
LLANO TX..................... 48299 3.30
LOVING TX..................... 48301 2.40
LUBBOCK TX..................... 48303 2.40
LYNN TX..................... 48305 2.40
MADISON TX..................... 48313 3.30
MARION TX..................... 48315 3.00
MARTIN TX..................... 48317 2.40
MASON TX..................... 48319 2.80
MATAGORDA TX..................... 48321 3.60
MAVERICK TX..................... 48323 3.30
MCCULLOCH TX..................... 48307 2.80
MCLENNAN TX..................... 48309 3.15
MCMULLEN TX..................... 48311 3.45
MEDINA TX..................... 48325 3.30
MENARD TX..................... 48327 2.80
MIDLAND TX..................... 48329 2.40
MILAM TX..................... 48331 3.30
MILLS TX..................... 48333 2.80
MITCHELL TX..................... 48335 2.60
MONTAGUE TX..................... 48337 2.80
MONTGOMERY TX..................... 48339 3.60
MOORE TX..................... 48341 2.40
MORRIS TX..................... 48343 3.00
MOTLEY TX..................... 48345 2.40
NACOGDOCHES TX..................... 48347 3.15
NAVARRO TX..................... 48349 3.15
NEWTON TX..................... 48351 3.30
NOLAN TX..................... 48353 2.60
NUECES TX..................... 48355 3.65
OCHILTREE TX..................... 48357 2.40
OLDHAM TX..................... 48359 2.40
ORANGE TX..................... 48361 3.60
PALO PINTO TX..................... 48363 2.80
PANOLA TX..................... 48365 3.00
PARKER TX..................... 48367 3.00
PARMER TX..................... 48369 2.40
PECOS TX..................... 48371 2.40
POLK TX..................... 48373 3.30
POTTER TX..................... 48375 2.40
PRESIDIO TX..................... 48377 2.40
RAINS TX..................... 48379 3.00
RANDALL TX..................... 48381 2.40
REAGAN TX..................... 48383 2.60
REAL TX..................... 48385 3.30
RED RIVER TX..................... 48387 3.00
REEVES TX..................... 48389 2.40
REFUGIO TX..................... 48391 3.65
ROBERTS TX..................... 48393 2.40
ROBERTSON TX..................... 48395 3.30
ROCKWALL TX..................... 48397 3.00
[[Page 108]]
RUNNELS TX..................... 48399 2.80
RUSK TX..................... 48401 3.00
SABINE TX..................... 48403 3.15
SAN AUGUSTINE TX..................... 48405 3.15
SAN JACINTO TX..................... 48407 3.30
SAN PATRICIO TX..................... 48409 3.65
SAN SABA TX..................... 48411 2.80
SCHLEICHER TX..................... 48413 2.80
SCURRY TX..................... 48415 2.60
SHACKELFORD TX..................... 48417 2.80
SHELBY TX..................... 48419 3.15
SHERMAN TX..................... 48421 2.40
SMITH TX..................... 48423 3.00
SOMERVELL TX..................... 48425 3.00
STARR TX..................... 48427 3.65
STEPHENS TX..................... 48429 2.80
STERLING TX..................... 48431 2.60
STONEWALL TX..................... 48433 2.60
SUTTON TX..................... 48435 2.80
SWISHER TX..................... 48437 2.40
TARRANT TX..................... 48439 3.00
TAYLOR TX..................... 48441 2.60
TERRELL TX..................... 48443 2.60
TERRY TX..................... 48445 2.40
THROCKMORTON TX..................... 48447 2.80
TITUS TX..................... 48449 3.00
TOM GREEN TX..................... 48451 2.80
TRAVIS TX..................... 48453 3.30
TRINITY TX..................... 48455 3.30
TYLER TX..................... 48457 3.30
UPSHUR TX..................... 48459 3.00
UPTON TX..................... 48461 2.40
UVALDE TX..................... 48463 3.30
VAL VERDE TX..................... 48465 2.80
VAN ZANDT TX..................... 48467 3.00
VICTORIA TX..................... 48469 3.65
WALKER TX..................... 48471 3.30
WALLER TX..................... 48473 3.60
WARD TX..................... 48475 2.40
WASHINGTON TX..................... 48477 3.30
WEBB TX..................... 48479 3.45
WHARTON TX..................... 48481 3.60
WHEELER TX..................... 48483 2.40
WICHITA TX..................... 48485 2.80
WILBARGER TX..................... 48487 2.60
WILLACY TX..................... 48489 3.65
[[Page 109]]
WILLIAMSON TX..................... 48491 3.30
WILSON TX..................... 48493 3.45
WINKLER TX..................... 48495 2.40
WISE TX..................... 48497 3.00
WOOD TX..................... 48499 3.00
YOAKUM TX..................... 48501 2.40
YOUNG TX..................... 48503 2.80
ZAPATA TX..................... 48505 3.65
ZAVALA TX..................... 48507 3.30
BEAVER UT..................... 49001 1.60
BOX ELDER UT..................... 49003 1.90
CACHE UT..................... 49005 1.90
CARBON UT..................... 49007 1.90
DAGGETT UT..................... 49009 1.90
DAVIS UT..................... 49011 1.90
DUCHESNE UT..................... 49013 1.90
EMERY UT..................... 49015 1.90
GARFIELD UT..................... 49017 1.60
GRAND UT..................... 49019 1.90
IRON UT..................... 49021 1.60
JUAB UT..................... 49023 1.90
KANE UT..................... 49025 1.60
MILLARD UT..................... 49027 1.90
MORGAN UT..................... 49029 1.90
PIUTE UT..................... 49031 1.60
RICH UT..................... 49033 1.90
SALT LAKE UT..................... 49035 1.90
SAN JUAN UT..................... 49037 1.60
SANPETE UT..................... 49039 1.90
SEVIER UT..................... 49041 1.90
SUMMIT UT..................... 49043 1.90
TOOELE UT..................... 49045 1.90
UINTAH UT..................... 49047 1.90
UTAH UT..................... 49049 1.90
WASATCH UT..................... 49051 1.90
WASHINGTON UT..................... 49053 1.60
WAYNE UT..................... 49055 1.60
WEBER UT..................... 49057 1.90
ACCOMACK VA..................... 51001 3.00
ALBEMARLE VA..................... 51003 2.80
ALEXANDRIA CITY VA..................... 51510 3.00
ALLEGHANY VA..................... 51005 2.80
AMELIA VA..................... 51007 3.10
AMHERST VA..................... 51009 2.80
APPOMATTOX VA..................... 51011 2.80
ARLINGTON VA..................... 51013 3.00
AUGUSTA VA..................... 51015 2.80
BATH VA..................... 51017 2.80
BEDFORD VA..................... 51019 2.80
BEDFORD CITY VA..................... 51515 2.80
[[Page 110]]
BLAND VA..................... 51021 2.80
BOTETOURT VA..................... 51023 2.80
BRISTOL CITY VA..................... 51520 2.80
BRUNSWICK VA..................... 51025 3.10
BUCHANAN VA..................... 51027 2.80
BUCKINGHAM VA..................... 51029 2.80
BUENA VISTA CITY VA..................... 51530 2.80
CAMPBELL VA..................... 51031 2.80
CAROLINE VA..................... 51033 3.10
CARROLL VA..................... 51035 2.80
CHARLES CITY VA..................... 51036 3.10
CHARLOTTE VA..................... 51037 3.10
CHARLOTTESVILLE CITY VA..................... 51540 2.80
CHESAPEAKE CITY VA..................... 51550 3.20
CHESTERFIELD VA..................... 51041 3.10
CLARKE VA..................... 51043 2.80
CLIFTON FORGE CITY VA..................... 51560 2.80
COLONIAL HEIGHTS CITY VA..................... 51570 3.10
COVINGTON CITY VA..................... 51580 2.80
CRAIG VA..................... 51045 2.80
CULPEPER VA..................... 51047 2.80
CUMBERLAND VA..................... 51049 2.80
DANVILLE CITY VA..................... 51590 2.80
DICKENSON VA..................... 51051 2.80
DINWIDDIE VA..................... 51053 3.10
EMPORIA CITY VA..................... 51595 3.10
ESSEX VA..................... 51057 3.10
FAIRFAX VA..................... 51059 3.00
FAIRFAX CITY VA..................... 51600 3.00
FALLS CHURCH CITY VA..................... 51610 3.00
FAUQUIER VA..................... 51061 3.00
FLOYD VA..................... 51063 2.80
FLUVANNA VA..................... 51065 2.80
FRANKLIN VA..................... 51067 2.80
FRANKLIN CITY VA..................... 51620 3.10
FREDERICK VA..................... 51069 2.80
FREDERICKSBURG CITY VA..................... 51630 2.80
GALAX CITY VA..................... 51640 2.80
GILES VA..................... 51071 2.80
GLOUCESTER VA..................... 51073 3.20
GOOCHLAND VA..................... 51075 3.10
GRAYSON VA..................... 51077 2.80
GREENE VA..................... 51079 2.80
GREENSVILLE VA..................... 51081 3.10
HALIFAX VA..................... 51083 3.10
HAMPTON CITY VA..................... 51650 3.20
[[Page 111]]
HANOVER VA..................... 51085 3.10
HARRISONBURG CITY VA..................... 51660 2.80
HENRICO VA..................... 51087 3.10
HENRY VA..................... 51089 2.80
HIGHLAND VA..................... 51091 2.80
HOPEWELL CITY VA..................... 51670 3.10
ISLE OF WIGHT VA..................... 51093 3.20
JAMES CITY VA..................... 51095 3.10
KING AND QUEEN VA..................... 51097 3.10
KING GEORGE VA..................... 51099 3.10
KING WILLIAM VA..................... 51101 3.10
LANCASTER VA..................... 51103 3.10
LEE VA..................... 51105 2.80
LEXINGTON CITY VA..................... 51678 2.80
LOUDOUN VA..................... 51107 3.00
LOUISA VA..................... 51109 2.80
LUNENBURG VA..................... 51111 3.10
LYNCHBURG CITY VA..................... 51680 2.80
MADISON VA..................... 51113 2.80
MANASSAS CITY VA..................... 51683 3.00
MANASSAS PARK CITY VA..................... 51685 3.00
MARTINSVILLE CITY VA..................... 51690 2.80
MATHEWS VA..................... 51115 3.20
MECKLENBURG VA..................... 51117 3.10
MIDDLESEX VA..................... 51119 3.10
MONTGOMERY VA..................... 51121 2.80
NELSON VA..................... 51125 2.80
NEW KENT VA..................... 51127 3.10
NEWPORT NEWS CITY VA..................... 51700 3.20
NORFOLK CITY VA..................... 51710 3.20
NORTHAMPTON VA..................... 51131 3.00
NORTHUMBERLAND VA..................... 51133 3.10
NORTON CITY VA..................... 51720 2.80
NOTTOWAY VA..................... 51135 3.10
ORANGE VA..................... 51137 2.80
PAGE VA..................... 51139 2.80
PATRICK VA..................... 51141 2.80
PETERSBURG CITY VA..................... 51730 3.10
PITTSYLVANIA VA..................... 51143 2.80
POQUOSON CITY VA..................... 51735 3.20
PORTSMOUTH CITY VA..................... 51740 3.20
POWHATAN VA..................... 51145 3.10
PRINCE EDWARD VA..................... 51147 3.10
PRINCE GEORGE VA..................... 51149 3.10
PRINCE WILLIAM VA..................... 51153 3.00
PULASKI VA..................... 51155 2.80
RADFORD CITY VA..................... 51750 2.80
RAPPAHANNOCK VA..................... 51157 2.80
RICHMOND VA..................... 51159 3.10
RICHMOND CITY VA..................... 51760 3.10
[[Page 112]]
ROANOKE VA..................... 51161 2.80
ROANOKE CITY VA..................... 51770 2.80
ROCKBRIDGE VA..................... 51163 2.80
ROCKINGHAM VA..................... 51165 2.80
RUSSELL VA..................... 51167 2.80
SALEM CITY VA..................... 51775 2.80
SCOTT VA..................... 51169 2.80
SHENANDOAH VA..................... 51171 2.80
SMYTH VA..................... 51173 2.80
SOUTHAMPTON VA..................... 51175 3.10
SPOTSYLVANIA VA..................... 51177 2.80
STAFFORD VA..................... 51179 3.00
STAUNTON CITY VA..................... 51790 2.80
SUFFOLK CITY VA..................... 51800 3.20
SURRY VA..................... 51181 3.10
SUSSEX VA..................... 51183 3.10
TAZEWELL VA..................... 51185 2.80
VIRGINIA BEACH CITY VA..................... 51810 3.20
WARREN VA..................... 51187 2.80
WASHINGTON VA..................... 51191 2.80
WAYNESBORO CITY VA..................... 51820 2.80
WESTMORELAND VA..................... 51193 3.10
WILLIAMSBURG CITY VA..................... 51830 3.10
WINCHESTER CITY VA..................... 51840 2.80
WISE VA..................... 51195 2.80
WYTHE VA..................... 51197 2.80
YORK VA..................... 51199 3.20
ADDISON VT..................... 50001 2.60
BENNINGTON VT..................... 50003 2.80
CALEDONIA VT..................... 50005 2.60
CHITTENDEN VT..................... 50007 2.50
ESSEX VT..................... 50009 2.40
FRANKLIN VT..................... 50011 2.40
GRAND ISLE VT..................... 50013 2.40
LAMOILLE VT..................... 50015 2.50
ORANGE VT..................... 50017 2.60
ORLEANS VT..................... 50019 2.40
RUTLAND VT..................... 50021 2.60
WASHINGTON VT..................... 50023 2.60
WINDHAM VT..................... 50025 2.80
WINDSOR VT..................... 50027 2.80
ADAMS WA..................... 53001 1.75
ASOTIN WA..................... 53003 1.75
BENTON WA..................... 53005 1.75
CHELAN WA..................... 53007 1.75
CLALLAM WA..................... 53009 1.90
[[Page 113]]
CLARK WA..................... 53011 1.90
COLUMBIA WA..................... 53013 1.75
COWLITZ WA..................... 53015 1.90
DOUGLAS WA..................... 53017 1.75
FERRY WA..................... 53019 1.90
FRANKLIN WA..................... 53021 1.75
GARFIELD WA..................... 53023 1.75
GRANT WA..................... 53025 1.75
GRAYS HARBOR WA..................... 53027 1.90
ISLAND WA..................... 53029 1.90
JEFFERSON WA..................... 53031 1.90
KING WA..................... 53033 1.90
KITSAP WA..................... 53035 1.90
KITTITAS WA..................... 53037 1.75
KLICKITAT WA..................... 53039 1.75
LEWIS WA..................... 53041 1.90
LINCOLN WA..................... 53043 1.90
MASON WA..................... 53045 1.90
OKANOGAN WA..................... 53047 1.75
PACIFIC WA..................... 53049 1.90
PEND OREILLE WA..................... 53051 1.90
PIERCE WA..................... 5303 1.90
SAN JUAN WA..................... 53055 1.90
SKAGIT WA..................... 53057 1.90
SKAMANIA WA..................... 53059 1.90
SNOHOMISH WA..................... 53061 1.90
SPOKANE WA..................... 53063 1.90
STEVENS WA..................... 53065 1.90
THURSTON WA..................... 53067 1.90
WAHKIAKUM WA..................... 53069 1.90
WALLA WALLA WA..................... 53071 1.75
WHATCOM WA..................... 53073 1.90
WHITMAN WA..................... 53075 1.90
YAKIMA WA..................... 53077 1.75
ADAMS WI..................... 55001 1.70
ASHLAND WI..................... 55003 1.70
BARRON WI..................... 55005 1.70
BAYFIELD WI..................... 55007 1.70
BROWN WI..................... 55009 1.75
BUFFALO WI..................... 55011 1.70
BURNETT WI..................... 55013 1.70
CALUMET WI..................... 55015 1.75
CHIPPEWA WI..................... 55017 1.70
CLARK WI..................... 55019 1.70
COLUMBIA WI..................... 55021 1.75
CRAWFORD WI..................... 55023 1.75
DANE WI..................... 55025 1.75
DODGE WI..................... 55027 1.75
DOOR WI..................... 55029 1.75
DOUGLAS WI..................... 55031 1.70
[[Page 114]]
DUNN WI..................... 55033 1.70
EAU CLAIRE WI..................... 55035 1.70
FLORENCE WI..................... 55037 1.70
FOND DU LAC WI..................... 55039 1.75
FOREST WI..................... 55041 1.70
GRANT WI..................... 55043 1.75
GREEN WI..................... 55045 1.75
GREEN LAKE WI..................... 55047 1.70
IOWA WI..................... 55049 1.75
IRON WI..................... 55051 1.70
JACKSON WI..................... 55053 1.70
JEFFERSON WI..................... 55055 1.75
JUNEAU WI..................... 55057 1.70
KENOSHA WI..................... 55059 1.75
KEWAUNEE WI..................... 55061 1.75
LA CROSSE WI..................... 55063 1.70
LAFAYETTE WI..................... 55065 1.75
LANGLADE WI..................... 55067 1.70
LINCOLN WI..................... 55069 1.70
MANITOWOC WI..................... 55071 1.75
MARATHON WI..................... 55073 1.70
MARINETTE WI..................... 55075 1.70
MARQUETTE WI..................... 55077 1.70
MENOMINEE WI..................... 55078 1.70
MILWAUKEE WI..................... 55079 1.75
MONROE WI..................... 55081 1.70
OCONTO WI..................... 55083 1.70
ONEIDA WI..................... 55085 1.70
OUTAGAMIE WI..................... 55087 1.75
OZAUKEE WI..................... 55089 1.75
PEPIN WI..................... 55091 1.70
PIERCE WI..................... 55093 1.70
POLK WI..................... 55095 1.70
PORTAGE WI..................... 55097 1.70
PRICE WI..................... 55099 1.70
RACINE WI..................... 55101 1.75
RICHLAND WI..................... 55103 1.75
ROCK WI..................... 55105 1.75
RUSK WI..................... 55107 1.70
SAUK WI..................... 55111 1.75
SAWYER WI..................... 55113 1.70
SHAWANO WI..................... 55115 1.70
SHEBOYGAN WI..................... 55117 1.75
ST. CROIX WI..................... 55109 1.70
TAYLOR WI..................... 55119 1.70
TREMPEALEAU WI..................... 55121 1.70
[[Page 115]]
VERNON WI..................... 55123 1.75
VILAS WI..................... 55125 1.70
WALWORTH WI..................... 55127 1.75
WASHBURN WI..................... 55129 1.70
WASHINGTON WI..................... 55131 1.75
WAUKESHA WI..................... 55133 1.75
WAUPACA WI..................... 55135 1.75
WAUSHARA WI..................... 55137 1.70
WINNEBAGO WI..................... 55139 1.75
WOOD WI..................... 55141 1.70
BARBOUR WV..................... 54001 2.30
BERKELEY WV..................... 54003 2.60
BOONE WV..................... 54005 2.20
BRAXTON WV..................... 54007 2.20
BROOKE WV..................... 54009 2.10
CABELL WV..................... 54011 2.20
CALHOUN WV..................... 54013 2.20
CLAY WV..................... 54015 2.20
DODDRIDGE WV..................... 54017 2.10
FAYETTE WV..................... 54019 2.20
GILMER WV..................... 54021 2.20
GRANT WV..................... 54023 2.60
GREENBRIER WV..................... 54025 2.20
HAMPSHIRE WV..................... 54027 2.60
HANCOCK WV..................... 54029 2.10
HARDY WV..................... 54031 2.60
HARRISON WV..................... 54033 2.10
JACKSON WV..................... 54035 2.20
JEFFERSON WV..................... 54037 2.60
KANAWHA WV..................... 54039 2.20
LEWIS WV..................... 54041 2.10
LINCOLN WV..................... 54043 2.20
LOGAN WV..................... 54045 2.20
MARION WV..................... 54049 2.10
MARSHALL WV..................... 54051 2.10
MASON WV..................... 54053 2.20
MCDOWELL WV..................... 54047 2.80
MERCER WV..................... 54055 2.80
MINERAL WV..................... 54057 2.60
MINGO WV..................... 54059 2.20
MONONGALIA WV..................... 54061 2.10
MONROE WV..................... 54063 2.20
MORGAN WV..................... 54065 2.60
NICHOLAS WV..................... 54067 2.20
OHIO WV..................... 54069 2.10
PENDLETON WV..................... 54071 2.60
PLEASANTS WV..................... 54073 2.20
POCAHONTAS WV..................... 54075 2.20
PRESTON WV..................... 54077 2.30
PUTNAM WV..................... 54079 2.20
[[Page 116]]
RALEIGH WV..................... 54081 2.20
RANDOLPH WV..................... 54083 2.30
RITCHIE WV..................... 54085 2.20
ROANE WV..................... 54087 2.20
SUMMERS WV..................... 54089 2.20
TAYLOR WV..................... 54091 2.30
TUCKER WV..................... 54093 2.30
TYLER WV..................... 54095 2.10
UPSHUR WV..................... 54097 2.30
WAYNE WV..................... 54099 2.20
WEBSTER WV..................... 54101 2.20
WETZEL WV..................... 54103 2.10
WIRT WV..................... 54105 2.20
WOOD WV..................... 54107 2.20
WYOMING WV..................... 54109 2.20
ALBANY WY..................... 56001 1.90
BIG HORN WY..................... 56003 1.60
CAMPBELL WY..................... 56005 1.65
CARBON WY..................... 56007 1.90
CONVERSE WY..................... 56009 1.70
CROOK WY..................... 56011 1.65
FREMONT WY..................... 56013 1.60
GOSHEN WY..................... 56015 1.90
HOT SPRINGS WY..................... 56017 1.60
JOHNSON WY..................... 56019 1.65
LARAMIE WY..................... 56021 2.45
LINCOLN WY..................... 56023 1.60
NATRONA WY..................... 56025 1.70
NIOBRARA WY..................... 56027 1.70
PARK WY..................... 56029 1.60
PLATTE WY..................... 56031 1.90
SHERIDAN WY..................... 56033 1.60
SUBLETTE WY..................... 56035 1.60
SWEETWATER WY..................... 56037 1.90
TETON WY..................... 56039 1.60
UINTA WY..................... 56041 1.90
WASHAKIE WY..................... 56043 1.60
WESTON WY..................... 56045 1.70
----------------------------------------------------------------------------------------------------------------
[64 FR 70869, Dec. 17, 1999; 64 FR 73386, Dec. 30, 1999]
[[Page 117]]
Sec. 1000.53 Announcement of class prices, component prices, and advanced pricing factors.
(a) On or before the 5th day of the month, the market administrator
for each Federal milk marketing order shall announce the following
prices (as applicable to that order) for the preceding month:
(1) The Class II price;
(2) The Class II butterfat price;
(3) The Class III price;
(4) The Class III skim milk price;
(5) The Class IV price;
(6) The Class IV skim milk price;
(7) The butterfat price;
(8) The nonfat solids price;
(9) The protein price;
(10) The other solids price; and
(11) The somatic cell adjustment rate.
(b) On or before the 23rd day of the month, the market administrator
for each Federal milk marketing order shall announce the following
prices and pricing factors for the following month:
(1) The Class I price;
(2) The Class I skim milk price;
(3) The Class I butterfat price;
(4) The Class II skim milk price;
(5) The Class II nonfat solids price; and
(6) The advanced pricing factors described in Sec. 1000.50(q).
Sec. 1000.54 Equivalent price.
If for any reason a price or pricing constituent required for
computing the prices described in Sec. 1000.50 is not available, the
market administrator shall use a price or pricing constituent determined
by the Deputy Administrator, Dairy Programs, Agricultural Marketing
Service, to be equivalent to the price or pricing constituent that is
required.
Subpart H--Payments for Milk
Sec. 1000.70 Producer-settlement fund.
The market administrator shall establish and maintain a separate
fund known as the producer-settlement fund into which the market
administrator shall deposit all payments made by handlers pursuant to
Secs. ______.71, ______.76, and ______.77 of each Federal milk order and
out of which the market administrator shall make all payments pursuant
to Secs. ______.72 and ______.77 of each Federal milk order. Payments
due any handler shall be offset by any payments due from that handler.
Sec. 1000.76 Payments by a handler operating a partially regulated distributing plant.
On or before the 25th day after the end of the month (except as
provided in Sec. 1000.90), the operator of a partially regulated
distributing plant, other than a plant that is subject to marketwide
pooling of producer returns under a State government's milk
classification and pricing program, shall pay to the market
administrator for the producer-settlement fund the amount computed
pursuant to paragraph (a) of this section or, if the handler submits the
information specified in Secs. ______.30(b) and ______.31(b) of the
order, the handler may elect to pay the amount computed pursuant to
paragraph (b) of this section. A partially regulated distributing plant
that is subject to marketwide pooling of producer returns under a State
government's milk classification and pricing program shall pay the
amount computed pursuant to paragraph (c) of this section.
(a) The payment under this paragraph shall be an amount resulting
from the following computations:
(1) From the plant's route disposition in the marketing area:
(i) Subtract receipts of fluid milk products classified as Class I
milk from pool plants, plants fully regulated under other Federal
orders, and handlers described in Sec. 1000.9(c) and Sec. 1135.11 of
this chapter, except those receipts subtracted under a similar provision
of another Federal milk order;
(ii) Subtract receipts of fluid milk products from another nonpool
plant that is not a plant fully regulated under another Federal order to
the extent that an equivalent amount of fluid milk products disposed of
to the nonpool plant by handlers fully regulated under any Federal order
is classified and priced as Class I milk and is not used as an offset
for any payment obligation under any order; and
[[Page 118]]
(iii) Subtract the pounds of reconstituted milk made from nonfluid
milk products which are disposed of as route disposition in the
marketing area;
(2) For orders with multiple component pricing, compute a Class I
differential price by subtracting Class III price from the current
month's Class I price. Multiply the pounds remaining after the
computation in paragraph (a)(1)(iii) of this section by the amount by
which the Class I differential price exceeds the producer price
differential, both prices to be applicable at the location of the
partially regulated distributing plant except that neither the adjusted
Class I differential price nor the adjusted producer price differential
shall be less than zero;
(3) For orders with skim milk and butterfat pricing, multiply the
remaining pounds by the amount by which the Class I price exceeds the
uniform price, both prices to be applicable at the location of the
partially regulated distributing plant except that neither the adjusted
Class I price nor the adjusted uniform price differential shall be less
than the lowest announced class price; and
(4) Unless the payment option described in paragraph (d) is
selected, add the amount obtained from multiplying the pounds of labeled
reconstituted milk included in paragraph (a)(1)(iii) of this section by
any positive difference between the Class I price applicable at the
location of the partially regulated distributing plant (less $1.00 if
the reconstituted milk is labeled as such) and the Class IV price.
(b) The payment under this paragraph shall be the amount resulting
from the following computations:
(1) Determine the value that would have been computed pursuant to
Sec. ______.60 of the order for the partially regulated distributing
plant if the plant had been a pool plant, subject to the following
modifications:
(i) Fluid milk products and bulk fluid cream products received at
the plant from a pool plant, a plant fully regulated under another
Federal order, and handlers described in Sec. 1000.9(c) and Sec. 1135.11
of this chapter shall be allocated at the partially regulated
distributing plant to the same class in which such products were
classified at the fully regulated plant;
(ii) Fluid milk products and bulk fluid cream products transferred
from the partially regulated distributing plant to a pool plant or a
plant fully regulated under another Federal order shall be classified at
the partially regulated distributing plant in the class to which
allocated at the fully regulated plant. Such transfers shall be
allocated to the extent possible to those receipts at the partially
regulated distributing plant from the pool plant and plants fully
regulated under other Federal orders that are classified in the
corresponding class pursuant to paragraph (b)(1)(i) of this section. Any
such transfers remaining after the above allocation which are in Class I
and for which a value is computed pursuant to Sec. ______.60 of the
order for the partially regulated distributing plant shall be priced at
the statistical uniform price or uniform price, whichever is applicable,
of the respective order regulating the handling of milk at the receiving
plant, with such statistical uniform price or uniform price adjusted to
the location of the nonpool plant (but not to be less than the lowest
announced class price of the respective order); and
(iii) If the operator of the partially regulated distributing plant
so requests, the handler's value of milk determined pursuant to
Sec. ______.60 of the order shall include a value of milk determined for
each nonpool plant that is not a plant fully regulated under another
Federal order which serves as a supply plant for the partially regulated
distributing plant by making shipments to the partially regulated
distributing plant during the month equivalent to the requirements of
Sec. ______. 7(c) of the order subject to the following conditions:
(A) The operator of the partially regulated distributing plant
submits with its reports filed pursuant to Secs. ______.30(b) and
______.31(b) of the order similar reports for each such nonpool supply
plant;
(B) The operator of the nonpool plant maintains books and records
showing the utilization of all skim milk and butterfat received at the
plant which are made available if requested by the
[[Page 119]]
market administrator for verification purposes; and
(C) The value of milk determined pursuant to Sec. ______.60 for the
unregulated supply plant shall be determined in the same manner
prescribed for computing the obligation of the partially regulated
distributing plant; and
(2) From the partially regulated distributing plant's value of milk
computed pursuant to paragraph (b)(1) of this section, subtract:
(i) The gross payments that were made for milk that would have been
producer milk had the plant been fully regulated;
(ii) If paragraph (b)(1)(iii) of this section applies, the gross
payments by the operator of the nonpool supply plant for milk received
at the plant during the month that would have been producer milk if the
plant had been fully regulated; and
(iii) The payments by the operator of the partially regulated
distributing plant to the producer-settlement fund of another Federal
order under which the plant is also a partially regulated distributing
plant and, if paragraph (b)(1)(iii) of this section applies, payments
made by the operator of the nonpool supply plant to the producer-
settlement fund of any order.
(c) The operator of a partially regulated distributing plant that is
subject to marketwide pooling of returns under a milk classification and
pricing program that is imposed under the authority of a State
government shall pay on or before the 25th day after the end of the
month (except as provided in Sec. 1000.90) to the market administrator
for the producer-settlement fund an amount computed as follows:
After completing the computations described in paragraphs (a)(1)(i)
and (ii) of this section, determine the value of the remaining pounds of
fluid milk products disposed of as route disposition in the marketing
area by multiplying the hundredweight of such pounds by the amount, if
greater than zero, that remains after subtracting the State program's
class prices applicable to such products at the plant's location from
the Federal order Class I price applicable at the location of the plant.
(d) Any handler may elect partially regulated distributing plant
status for any plant with respect to receipts of nonfluid milk
ingredients that are reconstituted for fluid use. Payments may be made
to the producer-settlement fund of the order regulating the producer
milk used to produce the nonfluid milk ingredients at the positive
difference between the Class I price applicable under the other order at
the location of the plant where the nonfluid milk ingredients were
processed and the Class IV price. This payment option shall apply only
if a majority of the total milk received at the plant that processed the
nonfluid milk ingredients is regulated under one or more Federal orders
and payment may only be made to the producer-settlement fund of the
order pricing a plurality of the milk used to produce the nonfluid milk
ingredients. This payment option shall not apply if the source of the
nonfluid ingredients used in reconstituted fluid milk products cannot be
determined by the market administrator.
Sec. 1000.77 Adjustment of accounts.
Whenever audit by the market administrator of any handler's reports,
books, records, or accounts, or other verification discloses errors
resulting in money due the market administrator from a handler, or due a
handler from the market administrator, or due a producer or cooperative
association from a handler, the market administrator shall promptly
notify such handler of any amount so due and payment thereof shall be
made on or before the next date for making payments as set forth in the
provisions under which the error(s) occurred.
Sec. 1000.78 Charges on overdue accounts.
Any unpaid obligation due the market administrator, producers, or
cooperative associations from a handler pursuant to the provisions of
the order shall be increased 1.0 percent each month beginning with the
day following the date such obligation was due under the order. Any
remaining amount due shall be increased at the same rate on the
corresponding day of each succeeding month until paid. The
[[Page 120]]
amounts payable pursuant to this section shall be computed monthly on
each unpaid obligation and shall include any unpaid charges previously
computed pursuant to this section. The late charges shall accrue to the
administrative assessment fund. For the purpose of this section, any
obligation that was determined at a date later than prescribed by the
order because of a handler's failure to submit a report to the market
administrator when due shall be considered to have been payable by the
date it would have been due if the report had been filed when due.
Subpart I--Administrative Assessment and Marketing Service Deduction
Sec. 1000.85 Assessment for order administration.
On or before the payment receipt date specified under Sec. ______.71
of each Federal milk order each handler shall pay to the market
administrator its pro rata share of the expense of administration of the
order at a rate specified by the market administrator that is no more
than 5 cents per hundredweight with respect to:
(a) Receipts of producer milk (including the handler's own
production) other than such receipts by a handler described in
Sec. 1000.9(c) that were delivered to pool plants of other handlers;
(b) Receipts from a handler described in Sec. 1000.9(c);
(c) Receipts of concentrated fluid milk products from unregulated
supply plants and receipts of nonfluid milk products assigned to Class I
use pursuant to Sec. 1000.43(d) and other source milk allocated to Class
I pursuant to Sec. 1000.44(a) (3) and (8) and the corresponding steps of
Sec. 1000.44(b), except other source milk that is excluded from the
computations pursuant to Sec. ______.60 (d) and (e) of parts 1005, 1006,
and 1007 of this chapter or Sec. ______.60 (h) and (i) of parts 1001,
1030, 1032, 1033, 1124, 1126, 1131, and 1135 of this chapter; and
(d) Route disposition in the marketing area from a partially
regulated distributing plant that exceeds the skim milk and butterfat
subtracted pursuant to Sec. 1000.76(a)(1) (i) and (ii).
Sec. 1000.86 Deduction for marketing services.
(a) Except as provided in paragraph (b) of this section, each
handler in making payments to producers for milk (other than milk of
such handler's own production) pursuant to Sec. ______.73 of each
Federal milk order shall deduct an amount specified by the market
administrator that is no more than 7 cents per hundredweight and shall
pay the amount deducted to the market administrator not later than the
payment receipt date specified under Sec. ______.71 of each Federal milk
order. The money shall be used by the market administrator to verify or
establish weights, samples and tests of producer milk and provide market
information for producers who are not receiving such services from a
cooperative association. The services shall be performed in whole or in
part by the market administrator or an agent engaged by and responsible
to the market administrator.
(b) In the case of producers for whom the market administrator has
determined that a cooperative association is actually performing the
services set forth in paragraph (a) of this section, each handler shall
make deductions from the payments to be made to producers as may be
authorized by the membership agreement or marketing contract between the
cooperative association and the producers. On or before the 15th day
after the end of the month (except as provided in Sec. 1000.90), such
deductions shall be paid to the cooperative association rendering the
services accompanied by a statement showing the amount of any deductions
and the amount of milk for which the deduction was computed for each
producer. These deductions shall be made in lieu of the deduction
specified in paragraph (a) of this section.
Subpart J--Miscellaneous Provisions
Sec. 1000.90 Dates.
If a date required for a payment contained in a Federal milk order
falls on a Saturday, Sunday, or national holiday, such payment will be
due on the
[[Page 121]]
next day that the market administrator's office is open for public
business.
Sec. 1000.91 [Reserved]
Sec. 1000.92 [Reserved]
Sec. 1000.93 OMB control number assigned pursuant to the Paperwork Reduction Act.
The information collection requirements contained in this part have
been approved by the Office of Management and Budget (OMB) under the
provisions of Title 44 U.S.C. chapter 35 and have been assigned OMB
control number 0581-0032.
PART 1001--MILK IN THE NORTHEAST MARKETING AREA--Table of Contents
Subpart--Order Regulating Handling
General Provisions
Sec.
1001.1 General provisions.
Definitions
1001.2 Northeast marketing area.
1001.3 Route disposition.
1001.4 Plant.
1001.5 Distributing plant.
1001.6 Supply plant.
1001.7 Pool plant.
1001.8 Nonpool plant.
1001.9 Handler.
1001.10 Producer-handler.
1001.11 [Reserved]
1001.12 Producer.
1001.13 Producer milk.
1001.14 Other source milk.
1001.15 Fluid milk product.
1001.16 Fluid cream product.
1001.17 [Reserved]
1001.18 Cooperative association.
1001.19 Commercial food processing establishment.
Handler Reports
1001.30 Reports of receipts and utilization.
1001.31 Payroll reports.
1001.32 Other reports.
Classification of Milk
1001.40 Classes of utilization.
1001.41 [Reserved]
1001.42 Classification of transfers and diversions.
1001.43 General classification rules.
1001.44 Classification of producer milk.
1001.45 Market administrator's reports and announcements concerning
classification.
Class Prices
1001.50 Class prices, component prices, and advanced pricing factors.
1001.51 Class I differential and price.
1001.52 Adjusted Class I differentials.
1001.53 Announcement of class prices, component prices, and advanced
pricing factors.
1001.54 Equivalent price.
Producer Price Differential
1001.60 Handler's value of milk.
1001.61 Computation of producer price differential.
1001.62 Announcement of producer prices.
Payments for Milk
1001.70 Producer-settlement fund.
1001.71 Payments to the producer-settlement fund.
1001.72 Payments from the producer-settlement fund.
1001.73 Payments to producers and to cooperative associations.
1001.74 [Reserved]
1001.75 Plant location adjustments for producer milk and nonpool milk.
1001.76 Payments by a handler operating a partially regulated
distributing plant.
1001.77 Adjustment of accounts.
1001.78 Charges on overdue accounts.
Administrative Assessment and Marketing Service Deduction
1001.85 Assessment for order administration.
1001.86 Deduction for marketing services.
Authority: 7 U.S.C. 601-674, and 7253.
Source: 64 FR 47954, Sept. 1, 1999, unless otherwise noted.
Subpart--Order Regulating Handling
General Provisions
Sec. 1001.1 General provisions.
The terms, definitions, and provisions in part 1000 of this chapter
apply to this part 1001. In this part 1001, all references to sections
in part 1000 refer to part 1000 of this chapter.
Definitions
Sec. 1001.2 Northeast marketing area.
The marketing area means all the territory within the bounds of the
following states and political subdivisions, including all piers, docks
and wharves connected therewith and all craft moored thereat, and all
territory
[[Page 122]]
occupied by government (municipal, State or Federal) reservations,
installations, institutions, or other similar establishments if any part
thereof is within any of the listed states or political subdivisions:
Connecticut, Delaware, Massachusetts, New Hampshire, New Jersey, Rhode
Island, Vermont and District of Columbia
All of the States of Connecticut, Delaware, Massachusetts, New
Hampshire, New Jersey, Rhode Island, Vermont and the District of
Columbia.
Maryland Counties
All of the State of Maryland except the counties of Allegany and
Garrett.
New York Counties, Cities, and Townships
All counties within the State of New York except Allegany,
Cattaraugus, Chatauqua, Erie, Genessee, Livingston, Monroe, Niagara,
Ontario, Orleans, Seneca, Wayne, and Wyoming; the townships of Conquest,
Montezuma, Sterling and Victory in Cayuga County; the city of Hornell,
and the townships of Avoca, Bath, Bradford, Canisteo, Cohocton,
Dansville, Fremont, Pulteney, Hartsville, Hornellsville, Howard,
Prattsburg, Urbana, Wayland, Wayne and Wheeler in Steuben County; and
the townships of Italy, Middlesex, and Potter in Yates County.
Pennsylvania Counties
Adams, Bucks, Chester, Cumberland, Dauphin, Delaware, Franklin,
Fulton, Juniata, Lancaster, Lebanon, Montgomery, Perry, Philadelphia,
and York.
Virginia Counties and Cities
Arlington, Fairfax, Loudoun, and Prince William, and the cities of
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.
Sec. 1001.3 Route disposition.
See Sec. 1000.3.
Sec. 1001.4 Plant.
(a) Except as provided in paragraph (b) of this section, plant means
the land, buildings, facilities, and equipment constituting a single
operating unit or establishment at which milk or milk products are
received, processed, or packaged, including a facility described in
paragraph (b)(2) of this section if the facility receives the milk of
more than one dairy farmer.
(b) Plant shall not include:
(1) A separate building without stationary storage tanks that is
used only as a reload point for transferring bulk milk from one tank
truck to another or a separate building used only as a distribution
point for storing packaged fluid milk products in transit for route
disposition;
(2) An on-farm facility operated as part of a single dairy farm
entity for the separation of cream and skim milk or the removal of water
from milk; or
(3) Bulk reload points where milk is transferred from one tank truck
to another while en route from dairy farmers' farms to a plant. If
stationary storage tanks are used for transferring milk at the premises,
the operator of the facility shall make an advance written request to
the market administrator that the facility shall be treated as a reload
point. The cooling of milk, collection of samples, and washing and
sanitizing of tank trucks at the premises shall not disqualify it as a
bulk reload point.
Sec. 1001.5 Distributing plant.
See Sec. 1000.5.
Sec. 1001.6 Supply plant.
See Sec. 1000.6.
Sec. 1001.7 Pool plant.
Pool plant means a plant, unit of plants, or system of plants as
specified in paragraphs (a) through (f) of this section, but excluding a
plant described in paragraph (h) of this section. The pooling standards
described in paragraphs (c) and (f) of this section are subject to
modification pursuant to paragraph (g) of this section.
(a) A distributing plant, other than a plant qualified as a pool
plant pursuant to paragraph (b) of this section or Sec. ______.7(b) of
any other Federal milk order, from which during the month 25 percent or
more of the total quantity of fluid milk products physically received at
the plant (excluding concentrated milk received from another plant by
agreement for other than Class I use) are disposed of as route
disposition or are transferred in the form of packaged fluid milk
products to other distributing plants. At least 25 percent of such route
disposition and
[[Page 123]]
transfers must be to outlets in the marketing area.
(b) Any distributing plant located in the marketing area which
during the month processed at least 25 percent of the total quantity of
fluid milk products physically received at the plant (excluding
concentrated milk received from another plant by agreement for other
than Class I use) into ultra-pasteurized or aseptically-processed fluid
milk products.
(c) A supply plant from which fluid milk products are transferred or
diverted to plants described in paragraph (a) or (b) of this section
subject to the additional conditions described in this paragraph. In the
case of a supply plant operated by a cooperative association handler
described in Sec. 1000.9(c), fluid milk products that the cooperative
delivers to pool plants directly from producers' farms shall be treated
as if transferred from the cooperative association's plant for the
purpose of meeting the shipping requirements of this paragraph.
(1) During the months of August and December, such shipments must
equal not less than 10 percent of the total quantity of milk that is
received at the plant or diverted from it pursuant to Sec. 1001.13
during the month;
(2) During the months of September through November, such shipments
must equal not less than 20 percent of the total quantity of milk that
is received at the plant or diverted from it pursuant to Sec. 1001.13
during the month;
(3) A plant which meets the shipping requirements of this paragraph
during each of the months of August through December shall be a pool
plant during the following months of January through July unless the
milk received at the plant fails to meet the requirements of a duly
constituted regulatory agency, the plant fails to meet a shipping
requirement instituted pursuant to paragraph (f) of this section, or the
plant operator requests nonpool status for the plant. The shipping
requirement for any plant which has not met the requirements of
paragraphs (c)(1) and (c)(2) of this section must equal not less than 10
percent of the total quantity of milk that is received at the plant or
diverted from it pursuant to Sec. 1001.13 during each of the months of
January through July in order for the plant to be a pool plant in each
of those months;
(4) If milk is delivered directly from producers' farms that are
located outside of the states included in the marketing area or outside
Maine or West Virginia, such producers must be grouped by state into
reporting units and each reporting unit must independently meet the
shipping requirements of this paragraph; and
(5) Concentrated milk transferred from the supply plant to a
distributing plant for an agreed-upon use other than Class I shall be
excluded from the supply plant's shipments in computing the percentages
in paragraphs (c)(1) and (2) of this section.
(d) [Reserved]
(e) Two or more plants that are located in the marketing area and
operated by the same handler may qualify as a unit by meeting the total
and in-area route distribution requirements specified in paragraph (a)
of this section subject to the following additional requirements:
(1) At least one of the plants in the unit qualifies as a pool plant
pursuant to paragraph (a) of this section;
(2) Other plants in the unit must process only Class I or Class II
products and must be located in a pricing zone providing the same or a
lower Class I price than the price applicable at the distributing plant
included in the unit; and
(3) A written request to form a unit, or to add or remove plants
from a unit, or to cancel a unit, must be filed with the market
administrator prior to the first day of the month for which unit
formation is to be effective.
(f) Two or more supply plants operated by the same handler, or by
one or more cooperative associations, may qualify for pooling as a
system of plants by meeting the applicable percentage requirements of
paragraph (c) of this section in the same manner as a single plant
subject to the following additional requirements:
(1) A supply plant system will be effective for the period of August
1 through July 31 of the following year. Written notification must be
given to the market administrator listing the plants to be included in
the system
[[Page 124]]
prior to the first day of July preceding the effective date of the
system. The plants included in the system shall be listed in the
sequence in which they shall qualify for pool plant status based on the
minimum deliveries required. If the deliveries made are insufficient to
qualify the entire system for pooling, the last listed plant shall be
excluded from the system, followed by the plant next-to-last on the
list, and continuing in this sequence until remaining listed plants have
met the minimum shipping requirements; and
(2) Each plant that qualifies as a pool plant within a system shall
continue each month as a plant in the system through the following July
unless the plant subsequently fails to qualify for pooling, the handler
submits a written notification to the market administrator prior to the
first day of the month that the plant be deleted from the system, or
that the system be discontinued. Any plant that has been so deleted from
the system, or that has failed to qualify as a pool plant in any month,
will not be part of the system for the remaining months through July.
For any system that qualifies in August, no plant may be added in any
subsequent month through the following July unless the plant replaces
another plant in the system that has ceased operations and the market
administrator is notified of such replacement prior to the first day of
the month for which it is to be effective.
(g) The applicable shipping percentages of paragraphs (c) and (f) of
this section may be increased or decreased by the market administrator
if the market administrator finds that such adjustment is necessary to
encourage needed shipments or to prevent uneconomic shipments. Before
making such a finding, the market administrator shall investigate the
need for adjustment either on the market administrator's own initiative
or at the request of interested parties if the request is made in
writing at least 15 days prior to the month for which the requested
revision is desired effective. If the investigation shows that an
adjustment of the shipping percentages might be appropriate, the market
administrator shall issue a notice stating that an adjustment is being
considered and invite data, views and arguments. Any decision to revise
an applicable shipping percentage must be issued in writing at least one
day before the effective date.
(h) The term pool plant shall not apply to the following plants:
(1) A producer-handler plant;
(2) An exempt plant as defined in Sec. 1000.8(e);
(3) A plant qualified pursuant to paragraph (a) of this section that
is located within the marketing area if the plant also meets the pooling
requirements of another Federal order and more than 50 percent of its
route distribution has been in such other Federal order marketing area
for 3 consecutive months;
(4) A plant qualified pursuant to paragraph (a) of this section
which is not located within any Federal order marketing area that meets
the pooling requirements of another Federal order and has had greater
route disposition in such other Federal order's marketing area for 3
consecutive months;
(5) A plant qualified pursuant to paragraph (a) of this section that
is located in another Federal order marketing area if the plant meets
the pooling requirements of such other Federal order and does not have a
majority of its route distribution in this marketing area for 3
consecutive months or if the plant is required to be regulated under
such other Federal order without regard to its route disposition in any
other Federal order marketing area;
(6) A plant qualified pursuant to paragraph (c) of this section
which also meets the pooling requirements of another Federal order and
from which greater qualifying shipments are made to plants regulated
under the other Federal order than are made to plants regulated under
the order in this part, or the plant has automatic pooling status under
the other Federal order; and
(7) That portion of a pool plant designated as a ``nonpool plant''
that is physically separate and operated separately from the pool
portion of such plant. The designation of a portion of a regulated plant
as a nonpool plant must be requested in writing by the handler and must
be approved by the market administrator.
[[Page 125]]
Sec. 1001.8 Nonpool plant.
See Sec. 1000.8.
Sec. 1001.9 Handler.
See Sec. 1000.9.
Sec. 1001.10 Producer-handler.
Producer-handler means a person who:
(a) Operates a dairy farm and a distributing plant from which there
is monthly route disposition in the marketing area during the month;
(b) Receives milk solely from own farm production or receives milk
that is fully subject to the pricing and pooling provisions of this or
any other Federal order;
(c) Receives at its plant or acquires for route disposition no more
than 150,000 pounds of fluid milk products from handlers fully regulated
under any Federal order. This limitation shall not apply if the
producer-handler's own farm production is less than 150,000 pounds
during the month;
(d) Disposes of no other source milk as Class I milk except by
increasing the nonfat milk solids content of the fluid milk products;
and
(e) Provides proof satisfactory to the market administrator that the
care and management of the dairy animals and other resources necessary
to produce all Class I milk handled (excluding receipts from handlers
fully regulated under any Federal order) and the processing and
packaging operations are the producer-handler's own enterprise and at
its own risk.
Sec. 1001.11 [Reserved]
Sec. 1001.12 Producer.
(a) Except as provided in paragraph (b) of this section, producer
means any person who produces milk approved by a duly constituted
regulatory agency for fluid consumption as Grade A milk and whose milk
(or components of milk) is:
(1) Received at a pool plant directly from the producer or diverted
by the plant operator in accordance with Sec. 1001.13; or
(2) Received by a handler described in Sec. 1000.9(c).
(b) Producer shall not include a dairy farmer described in
paragraphs (b)(1) through (6) of this section. A dairy farmer described
in paragraphs (b)(5) or (6) of this section shall be known as a dairy
farmer for other markets.
(1) A producer-handler as defined in any Federal order;
(2) A dairy farmer whose milk is received at an exempt plant,
excluding producer milk diverted to the exempt plant pursuant to
Sec. 1001.13(d);
(3) A dairy farmer whose milk is received by diversion at a pool
plant from a handler regulated under another Federal order if the other
Federal order designates the dairy farmer as a producer under that order
and that milk is allocated by request to a utilization other than Class
I;
(4) A dairy farmer whose milk is reported as diverted to a plant
fully regulated under another Federal order with respect to that portion
of the milk so diverted that is assigned to Class I under the provisions
of such other order;
(5) For any month of December through June, any dairy farmer whose
milk is received at a pool plant or by a cooperative association handler
described in Sec. 1000.9(c) if the pool plant operator or the
cooperative association caused milk from the same farm to be delivered
to any plant as other than producer milk, as defined under the order in
this part or any other Federal milk order, during the same month, either
of the 2 preceding months, or during any of the preceding months of July
through November; and
(6) For any month of July through November, any dairy farmer whose
milk is received at a pool plant or by a cooperative association handler
described in Sec. 1000.9(c) if the pool plant operator or the
cooperative association caused milk from the same farm to be delivered
to any plant as other than producer milk, as defined under the order in
this part or any other Federal milk order, during the same month.
Sec. 1001.13 Producer milk.
Producer milk means the skim milk (or the skim equivalent of
components of skim milk) and butterfat contained in milk of a producer
that is:
(a) Received by the operator of a pool plant directly from a
producer or from a handler described in Sec. 1000.9(c). Any
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milk which is picked up from the producer's farm in a tank truck under
the control of the operator of a pool plant or a handler described in
Sec. 1000.9(c) but which is not received at a plant until the following
month shall be considered as having been received by the handler during
the month in which it is picked up at the farm. All milk received
pursuant to this paragraph shall be priced at the location of the plant
where it is first physically received;
(b) Received by the operator of a pool plant or a handler described
in Sec. 1000.9(c) in excess of the quantity delivered to pool plants
subject to the following conditions:
(1) The producers whose farms are outside of the states included in
the marketing area and outside the states of Maine or West Virginia
shall be organized into state units and each such unit shall be reported
separately; and
(2) For pooling purposes, each reporting unit must satisfy the
shipping standards specified for a supply plant pursuant to
Sec. 1001.7(c);
(c) Diverted by a proprietary pool plant operator to another pool
plant. Milk so diverted shall be priced at the location of the plant to
which diverted; or
(d) Diverted by the operator of a pool plant or by a handler
described in Sec. 1000.9(c) to a nonpool plant, subject to the following
conditions:
(1) Milk of a dairy farmer shall not be eligible for diversion
unless milk of such dairy farmer was physically received as producer
milk at a pool plant and the dairy farmer has continuously retained
producer status since that time. If a dairy farmer loses producer status
under the order in this part (except as a result of a temporary loss of
Grade A approval), the dairy farmer's milk shall not be eligible for
diversion until milk of the dairy farmer has been physically received as
producer milk at a pool plant; and
(2) Diverted milk shall be priced at the location of the plant to
which diverted.
Sec. 1001.14 Other source milk.
See Sec. 1000.14.
Sec. 1001.15 Fluid milk product.
See Sec. 1000.15.
Sec. 1001.16 Fluid cream product.
See Sec. 1000.16.
Sec. 1001.17 [Reserved]
Sec. 1001.18 Cooperative association.
See Sec. 1000.18.
Sec. 1001.19 Commercial food processing establishment.
See Sec. 1000.19.
Handler Reports
Sec. 1001.30 Reports of receipts and utilization.
Each handler shall report monthly so that the market administrator's
office receives the report on or before the 9th day after the end of the
month, in the detail and on prescribed forms, as follows:
(a) Each pool plant operator shall report for each of its operations
the following information:
(1) Product pounds, pounds of butterfat, pounds of protein, and
pounds of nonfat solids other than protein (other solids) contained in
or represented by:
(i) Receipts of producer milk, including producer milk diverted by
the reporting handler, from sources other than handlers described in
Sec. 1000.9(c); and
(ii) Receipts of milk from handlers described in Sec. 1000.9(c);
(2) Product pounds and pounds of butterfat contained in:
(i) Receipts of fluid milk products and bulk fluid cream products
from other pool plants;
(ii) Receipts of other source milk; and
(iii) Inventories at the beginning and end of the month of fluid
milk products and bulk fluid cream products;
(3) The utilization or disposition of all milk and milk products
required to be reported pursuant to this paragraph; and
(4) Such other information with respect to the receipts and
utilization of skim milk, butterfat, milk protein, and other nonfat
solids as the market administrator may prescribe.
(b) Each handler operating a partially regulated distributing plant
shall report with respect to such plant in the same manner as prescribed
for
[[Page 127]]
reports required by paragraph (a) of this section. Receipts of milk that
would have been producer milk if the plant had been fully regulated
shall be reported in lieu of producer milk. The report shall show also
the quantity of any reconstituted skim milk in route disposition in the
marketing area.
(c) Each handler described in Sec. 1000.9(c) shall report:
(1) The product pounds, pounds of butterfat, pounds of protein, and
the pounds of solids-not-fat other than protein (other solids) contained
in receipts of milk from producers; and
(2) The utilization or disposition of such receipts.
(d) Each handler not specified in paragraph (a) or (b) of this
section shall report with respect to its receipts and utilization of
milk and milk products in such manner as the market administrator may
prescribe.
Sec. 1001.31 Payroll reports.
(a) On or before the 22nd day after the end of each month, each
handler that operates a pool plant pursuant to Sec. 1001.7 and each
handler described in Sec. 1000.9(c) shall report to the market
administrator its producer payroll for the month, in detail prescribed
by the market administrator, showing for each producer the information
specified in Sec. 1001.73(e).
(b) Each handler operating a partially regulated distributing plant
who elects to make payment pursuant to Sec. 1000.76(b) shall report for
each dairy farmer who would have been a producer if the plant had been
fully regulated in the same manner as prescribed for reports required by
paragraph (a) of this section.
Sec. 1001.32 Other reports.
In addition to the reports required pursuant to Secs. 1001.30 and
1001.31, each handler shall report any information the market
administrator deems necessary to verify or establish each handler's
obligation under the order.
Classification of Milk
Sec. 1001.40 Classes of utilization.
See Sec. 1000.40.
Sec. 1001.41 [Reserved]
Sec. 1001.42 Classification of transfers and diversions.
See Sec. 1000.42.
Sec. 1001.43 General classification rules.
See Sec. 1000.43.
Sec. 1001.44 Classification of producer milk.
See Sec. 1000.44.
Sec. 1001.45 Market administrator's reports and announcements concerning classification.
See Sec. 1000.45.
Class Prices
Sec. 1001.50 Class prices, component prices, and advanced pricing factors.
See Sec. 1000.50.
Sec. 1001.51 Class I differential and price.
The Class I differential shall be the differential established for
Suffolk County, Massachusetts, which is reported in Sec. 1000.52. The
Class I price shall be the price computed pursuant to Sec. 1000.50(a)
for Suffolk County, Massachusetts.
Sec. 1001.52 Adjusted Class I differentials.
See Sec. 1000.52.
Sec. 1001.53 Announcement of class prices, component prices, and advanced pricing factors.
See Sec. 1000.53.
Sec. 1001.54 Equivalent price.
See Sec. 1000.54.
Producer Price Differential
Sec. 1001.60 Handler's value of milk.
For the purpose of computing a handler's obligation for producer
milk, the market administrator shall determine for each month the value
of milk of each handler with respect to each of the handler's pool
plants and of each handler described in Sec. 1000.9(c) with respect to
milk that was not received at a pool plant by adding the amounts
computed in paragraphs (a) through (h) of this section and subtracting
from
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that total amount the value computed in paragraph (i) of this section.
Unless otherwise specified, the skim milk, butterfat, and the combined
pounds of skim milk and butterfat referred to in this section shall
result from the steps set forth in Sec. 1000.44(a), (b), and (c),
respectively, and the nonfat components of producer milk in each class
shall be based upon the proportion of such components in producer skim
milk. Receipts of nonfluid milk products that are distributed as labeled
reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76(a)(4) or (d)
shall be excluded from pricing under this section.
(a) Class I value. (1) Multiply the pounds of skim milk in Class I
by the Class I skim milk price; and
(2) Add an amount obtained by multiplying the pounds of butterfat in
Class I by the Class I butterfat price.
(b) Class II value. (1) Multiply the pounds of nonfat solids in
Class II skim milk by the Class II nonfat solids price; and
(2) Add an amount obtained by multiplying the pounds of butterfat in
Class II times the Class II butterfat price.
(c) Class III value. (1) Multiply the pounds of protein in Class III
skim milk by the protein price;
(2) Add an amount obtained by multiplying the pounds of other solids
in Class III skim milk by the other solids price; and
(3) Add an amount obtained by multiplying the pounds of butterfat in
Class III by the butterfat price.
(d) Class IV value. (1) Multiply the pounds of nonfat solids in
Class IV skim milk by the nonfat solids price; and
(2) Add an amount obtained by multiplying the pounds of butterfat in
Class IV by the butterfat price.
(e) Multiply the pounds of skim milk and butterfat overage assigned
to each class pursuant to Sec. 1000.44(a)(11) and the corresponding step
of Sec. 1000.44(b) by the skim milk prices and butterfat prices
applicable to each class.
(f) Multiply the difference between the current month's Class I, II,
or III price, as the case may be, and the Class IV price for the
preceding month by the hundredweight of skim milk and butterfat
subtracted from Class I, II, or III, respectively, pursuant to
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
(g) Multiply the difference between the Class I price applicable at
the location of the pool plant and the Class IV price by the
hundredweight of skim milk and butterfat assigned to Class I pursuant to
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi)
and the corresponding step of Sec. 1000.44(b), excluding receipts of
bulk fluid cream products from a plant regulated under other Federal
orders and bulk concentrated fluid milk products from pool plants,
plants regulated under other Federal orders, and unregulated supply
plants.
(h) Multiply the difference between the Class I price applicable at
the location of the nearest unregulated supply plants from which an
equivalent volume was received and the Class III price by the pounds of
skim milk and butterfat in receipts of concentrated fluid milk products
assigned to Class I pursuant to Sec. 1000.43(d) and
Sec. 1000.44(a)(3)(i) and the corresponding step of Sec. 1000.44(b) and
the pounds of skim milk and butterfat subtracted from Class I pursuant
to Sec. 1000.44(a)(8) and the corresponding step of Sec. 1000.44(b),
excluding such skim milk and butterfat in receipts of fluid milk
products from an unregulated supply plant to the extent that an
equivalent amount of skim milk or butterfat disposed of to such plant by
handlers fully regulated under any Federal milk order is classified and
priced as Class I milk and is not used as an offset for any other
payment obligation under any order.
(i) For reconstituted milk made from receipts of nonfluid milk
products, multiply $1.00 (but not more than the difference between the
Class I price applicable at the location of the pool plant and the Class
IV price) by the hundredweight of skim milk and butterfat contained in
receipts of nonfluid milk products that are allocated to Class I use
pursuant to Sec. 1000.43(d).
[[Page 129]]
Sec. 1001.61 Computation of producer price differential.
For each month, the market administrator shall compute a producer
price differential per hundredweight. The report of any handler who has
not made payments required pursuant to Sec. 1001.71 for the preceding
month shall not be included in the computation of the producer price
differential, and such handler's report shall not be included in the
computation for succeeding months until the handler has made full
payment of outstanding monthly obligations. Subject to the conditions in
this paragraph, the market administrator shall compute the producer
price differential in the following manner:
(a) Combine into one total the values computed pursuant to
Sec. 1001.60 for all handlers required to file reports prescribed in
Sec. 1001.30;
(b) Subtract the total of the values obtained by multiplying each
handler's total pounds of protein, other solids, and butterfat contained
in the milk for which an obligation was computed pursuant to
Sec. 1001.60 by the protein price, other solids price, and the butterfat
price, respectively;
(c) Add an amount equal to the minus location adjustments and
subtract an amount equal to the plus location adjustments computed
pursuant to Sec. 1001.75;
(d) Add an amount equal to not less than one-half of the unobligated
balance in the producer-settlement fund;
(e) Divide the resulting amount by the sum of the following for all
handlers included in these computations:
(1) The total hundredweight of producer milk; and
(2) The total hundredweight for which a value is computed pursuant
to Sec. 1001.60(h); and
(f) Subtract not less than 4 cents nor more than 5 cents from the
price computed pursuant to paragraph (e) of this section. The result,
rounded to the nearest cent, shall be known as the producer price
differential for the month.
Sec. 1001.62 Announcement of producer prices.
On or before the 13th day after the end of the month, the market
administrator shall announce the following prices and information:
(a) The producer price differential;
(b) The protein price;
(c) The nonfat solids price;
(d) The other solids price;
(e) The butterfat price;
(f) The average butterfat, protein, nonfat solids, and other solids
content of producer milk; and
(g) The statistical uniform price for milk containing 3.5 percent
butterfat computed by combining the Class III price and the producer
price differential.
Payments for Milk
Sec. 1001.70 Producer-settlement fund.
See Sec. 1000.70.
Sec. 1001.71 Payments to the producer-settlement fund.
Each handler shall make payment to the producer-settlement fund in a
manner that provides receipt of the funds by the market administrator no
later than the 15th day after the end of the month (except as provided
in Sec. 1000.90). Payment shall be the amount, if any, by which the
amount specified in paragraph (a) of this section exceeds the amount
specified in paragraph (b) of this section:
(a) The total value of milk to the handler for the month as
determined pursuant to Sec. 1001.60.
(b) The sum of:
(1) An amount obtained by multiplying the total hundredweight of
producer milk as determined pursuant to Sec. 1000.44(c) by the producer
price differential as adjusted pursuant to Sec. 1001.75;
(2) An amount obtained by multiplying the total pounds of protein,
other solids, and butterfat contained in producer milk by the protein,
other solids, and butterfat prices respectively; and
(3) An amount obtained by multiplying the pounds of skim milk and
butterfat for which a value was computed pursuant to Sec. 1001.60(h) by
the producer price differential as adjusted pursuant to Sec. 1001.75 for
the location of the plant from which received.
[[Page 130]]
Sec. 1001.72 Payments from the producer-settlement fund.
No later than the 16th day after the end of each month (except as
provided in Sec. 1000.90), the market administrator shall pay to each
handler the amount, if any, by which the amount computed pursuant to
Sec. 1001.71(b) exceeds the amount computed pursuant to Sec. 1001.71(a).
If, at such time, the balance in the producer-settlement fund is
insufficient to make all payments pursuant to this section, the market
administrator shall reduce uniformly such payments and shall complete
the payments as soon as the funds are available.
Sec. 1001.73 Payments to producers and to cooperative associations.
(a) Each pool plant operator that is not paying a cooperative
association for producer milk shall pay each producer as follows:
(1) Partial payment. For each producer who has not discontinued
shipments as of the 23rd day of the month, payment shall be made so that
it is received by the producer on or before the 26th day of the month
(except as provided in Sec. 1000.90) for milk received during the first
15 days of the month at not less than the lowest announced class price
for the preceding month, less proper deductions authorized in writing by
the producer.
(2) Final payment. For milk received during the month, payment shall
be made so that it is received by each producer no later than the day
after the payment date required in Sec. 1001.72 in an amount computed as
follows:
(i) Multiply the hundredweight of producer milk received by the
producer price differential for the month as adjusted pursuant to
Sec. 1001.75;
(ii) Multiply the pounds of butterfat received by the butterfat
price for the month;
(iii) Multiply the pounds of protein received by the protein price
for the month;
(iv) Multiply the pounds of other solids received by the other
solids price for the month; and
(v) Add the amounts computed in paragraphs (a)(2)(i) through (iv) of
this section, and from that sum:
(A) Subtract the partial payment made pursuant to paragraph (a)(1)
of this section;
(B) Subtract the deduction for marketing services pursuant to
Sec. 1000.86;
(C) Add or subtract for errors made in previous payments to the
producer; and
(D) Subtract proper deductions authorized in writing by the
producer.
(b) One day before partial and final payments are due pursuant to
paragraph (a) of this section, each pool plant operator shall pay a
cooperative association for milk received as follows:
(1) Partial payment to a cooperative association for bulk milk
received directly from producers' farms. For bulk milk (including the
milk of producers who are not members of such association and who the
market administrator determines have authorized the cooperative
association to collect payment for their milk) received during the first
15 days of the month from a cooperative association in any capacity,
except as the operator of a pool plant, the payment shall be equal to
the hundredweight of milk received multiplied by the lowest announced
class price for the preceding month.
(2) Partial payment to a cooperative association for milk
transferred from its pool plant. For bulk milk/skimmed milk products
received during the first 15 days of the month from a cooperative
association in its capacity as the operator of a pool plant, the partial
payment shall be at the pool plant operator's estimated use value of the
milk using the most recent class prices available at the receiving
plant's location.
(3) Final payment to a cooperative association for milk transferred
from its pool plant. Following the classification of bulk fluid milk
products and bulk fluid cream products received during the month from a
cooperative association in its capacity as the operator of a pool plant,
the final payment for such receipts shall be determined as follows:
(i) Multiply the hundredweight of Class I skim milk by the Class I
skim milk price for the month at the receiving plant;
[[Page 131]]
(ii) Multiply the pounds of Class I butterfat by the Class I
butterfat price for the month at the receiving plant;
(iii) Multiply the pounds of nonfat solids in Class II skim milk by
the Class II nonfat solids price;
(iv) Multiply the pounds of butterfat in Class II times the Class II
butterfat price;
(v) Multiply the pounds of nonfat solids in Class IV milk by the
nonfat solids price for the month;
(vi) Multiply the pounds of butterfat in Class III and IV milk by
the butterfat price for the month;
(vii) Multiply the pounds of protein in Class III milk by the
protein price for the month;
(viii) Multiply the pounds of other solids in Class III milk by the
other solids price for the month; and
(ix) Add together the amounts computed in paragraphs (b)(3)(i)
through (viii) of this section and from that sum deduct any payment made
pursuant to paragraph (b)(2) of this section.
(4) Final payment to a cooperative association for bulk milk
received directly from producers' farms. For bulk milk received from a
cooperative association during the month, including the milk of
producers who are not members of such association and who the market
administrator determines have authorized the cooperative association to
collect payment for their milk, the final payment for such milk shall be
an amount equal to the sum of the individual payments otherwise payable
for such milk pursuant to paragraph (a)(2) of this section.
(c) If a handler has not received full payment from the market
administrator pursuant to Sec. 1001.72 by the payment date specified in
paragraph (a) or (b) of this section, the handler may reduce payments
pursuant to paragraphs (a) and (b) of this section, but by not more than
the amount of the underpayment. The payments shall be completed on the
next scheduled payment date after receipt of the balance due from the
market administrator.
(d) If a handler claims that a required payment to a producer cannot
be made because the producer is deceased or cannot be located, or
because the cooperative association or its lawful successor or assignee
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates
and pays the producer or a lawful claimant, or in the event that the
handler no longer exists and a lawful claim is later established, the
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant as the case may
be.
(e) In making payments to producers pursuant to this section, each
pool plant operator shall furnish each producer, except a producer whose
milk was received from a cooperative association handler described in
Sec. 1000.9(a) or (c), a supporting statement in such form that it may
be retained by the recipient which shall show:
(1) The name, address, Grade A identifier assigned by a duly
constituted regulatory agency, and the payroll number of the producer;
(2) The month and dates that milk was received from the producer,
including the daily and total pounds of milk received;
(3) The total pounds of butterfat, protein, and other solids
contained in the producer's milk;
(4) The minimum rate or rates at which payment to the producer is
required pursuant to the order in this part;
(5) The rate used in making payment if the rate is other than the
applicable minimum rate;
(6) The amount, or rate per hundredweight, or rate per pound of
component, and the nature of each deduction claimed by the handler; and
(7) The net amount of payment to the producer or cooperative
association.
Sec. 1001.74 [Reserved]
Sec. 1001.75 Plant location adjustments for producer milk and nonpool milk.
For purposes of making payments for producer milk and nonpool milk,
a plant location adjustment shall be determined by subtracting the Class
I price specified in Sec. 1001.51 from the Class I price at the plant's
location. The difference, plus or minus as the case may be, shall be
used to adjust the payments required pursuant to Secs. 1001.73 and
1000.76.
[[Page 132]]
Sec. 1001.76 Payments by a handler operating a partially regulated distributing plant.
See Sec. 1000.76.
Sec. 1001.77 Adjustment of accounts.
See Sec. 1000.77.
Sec. 1001.78 Charges on overdue accounts.
See Sec. 1000.78.
Administrative Assessment and Marketing Service Deduction
Sec. 1001.85 Assessment for order administration.
See Sec. 1000.85.
Sec. 1001.86 Deduction for marketing services.
See Sec. 1000.86.
PARTS 1002-1004 [RESERVED]
PART 1005--MILK IN THE APPALACHIAN MARKETING AREA--Table of Contents
Subpart--Order Regulating Handling
General Provisions
Sec.
1005.1 General provisions.
Definitions
1005.2 Appalachian marketing area.
1005.3 Route disposition.
1005.4 Plant.
1005.5 Distributing plant.
1005.6 Supply plant.
1005.7 Pool plant.
1005.8 Nonpool plant.
1005.9 Handler.
1005.10 Producer-handler.
1005.11 [Reserved]
1005.12 Producer.
1005.13 Producer milk.
1005.14 Other source milk.
1005.15 Fluid milk product.
1005.16 Fluid cream product.
1005.17 [Reserved]
1005.18 Cooperative association.
1005.19 Commercial food processing establishment.
Handler Reports
1005.30 Reports of receipts and utilization.
1005.31 Payroll reports.
1005.32 Other reports.
Classification of Milk
1005.40 Classes of utilization.
1005.41 [Reserved]
1005.42 Classification of transfers and diversions.
1005.43 General classification rules.
1005.44 Classification of producer milk.
1005.45 Market administrator's reports and announcements concerning
classification.
Class Prices
1005.50 Class prices, component prices, and advanced pricing factors.
1005.51 Class I differential and price.
1005.52 Adjusted Class I differentials.
1005.53 Announcement of class prices, component prices, and advanced
pricing factors.
1005.54 Equivalent price.
Uniform Prices
1005.60 Handler's value of milk.
1005.61 Computation of uniform prices.
1005.62 Announcement of uniform prices.
Payments for Milk
1005.70 Producer-settlement fund.
1005.71 Payments to the producer-settlement fund.
1005.72 Payments from the producer-settlement fund.
1005.73 Payments to producers and to cooperative associations.
1005.74 [Reserved]
1005.75 Plant location adjustments for producer milk and nonpool milk.
1005.76 Payments by a handler operating a partially regulated
distributing plant.
1005.77 Adjustment of accounts.
1005.78 Charges on overdue accounts.
Marketwide Service Payments
1005.80 Transportation credit balancing fund.
1005.81 Payments to the transportation credit balancing fund.
1005.82 Payments from the transportation credit balancing fund.
Administrative Assessment and Marketing Service Deduction
1005.85 Assessment for order administration.
1005.86 Deduction for marketing services.
Authority: 7 U.S.C. 601-674, and 7253.
Source: 64 FR 47960, Sept. 1, 1999, unless otherwise noted.
[[Page 133]]
Subpart--Order Regulating Handling
General Provisions
Sec. 1005.1 General provisions.
The terms, definitions, and provisions in part 1000 of this chapter
apply to this part 1005. In this part 1005, all references to sections
in part 1000 refer to part 1000 of this chapter.
Definitions
Sec. 1005.2 Appalachian marketing area.
The marketing area means all the territory within the bounds of the
following states and political subdivisions, including all piers, docks
and wharves connected therewith and all craft moored thereat, and all
territory occupied by government (municipal, State or Federal)
reservations, installations, institutions, or other similar
establishments if any part thereof is within any of the listed states or
political subdivisions:
Georgia Counties
Catoosa, Chattooga, Dade, Fannin, Murray, Walker, and Whitfield.
Indiana Counties
Clark, Crawford, Daviess, Dubois, Floyd, Gibson, Greene, Harrison,
Knox, Martin, Orange, Perry, Pike, Posey, Scott, Spencer, Sullivan,
Vanderburgh, Warrick, and Washington.
Kentucky Counties
Adair, Anderson, Bath, Bell, Bourbon, Boyle, Breathitt,
Breckinridge, Bullitt, Butler, Carroll, Carter, Casey, Clark, Clay,
Clinton, Cumberland, Daviess, Edmonson, Elliott, Estill, Fayette,
Fleming, Franklin, Gallatin, Garrard, Grayson, Green, Hancock, Hardin,
Harlan, Hart, Henderson, Henry, Hopkins, Jackson, Jefferson, Jessamine,
Knott, Knox, Larue, Laurel, Lee, Leslie, Letcher, Lincoln, Madison,
Marion, McCreary, McLean, Meade, Menifee, Mercer, Montgomery, Morgan,
Muhlenberg, Nelson, Nicholas, Ohio, Oldham, Owen, Owsley, Perry, Powell,
Pulaski, Rockcastle, Rowan, Russell, Scott, Shelby, Spencer, Taylor,
Trimble, Union, Washington, Wayne, Webster, Whitley, Wolfe, and
Woodford.
North Carolina and South Carolina
All of the States of North Carolina and South Carolina.
Tennessee Counties
Anderson, Blount, Bradley, Campbell, Carter, Claiborne, Cocke,
Cumberland, Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins,
Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan,
Polk, Rhea, Roane, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union,
and Washington.
Virginia Counties and Cities
Buchanan, Dickenson, Lee, Russell, Scott, Tazewell, Washington, and
Wise; and the cities of Bristol and Norton.
West Virginia Counties
McDowell and Mercer.
Sec. 1005.3 Route disposition.
See Sec. 1000.3.
Sec. 1005.4 Plant.
See Sec. 1000.4.
Sec. 1005.5 Distributing plant.
See Sec. 1000.5.
Sec. 1005.6 Supply plant.
See Sec. 1000.6.
Sec. 1005.7 Pool plant.
Pool plant means a plant specified in paragraphs (a) through (d) of
this section, or a unit of plants as specified in paragraph (e) of this
section, but excluding a plant specified in paragraph (g) of this
section. The pooling standards described in paragraphs (c) and (d) of
this section are subject to modification pursuant to paragraph (f) of
this section:
(a) A distributing plant, other than a plant qualified as a pool
plant pursuant to paragraph (b) of this section or Sec. ______.7(b) of
any other Federal milk order, from which during the month 50 percent or
more of the fluid milk products physically received at such plant
(excluding concentrated milk received from another plant by agreement
for other than Class I use) are disposed of as route disposition or are
transferred in the form of packaged fluid milk products to other
distributing plants. At least 25 percent of such route disposition and
transfers must be to outlets in the marketing area.
(b) Any distributing plant located in the marketing area which
during the month processed at least 50 percent of
[[Page 134]]
the total quantity of fluid milk products physically received at the
plant (excluding concentrated milk received from another plant by
agreement for other than Class I use) into ultra-pasteurized or
aseptically-processed fluid milk products.
(c) A supply plant from which 50 percent or more of the total
quantity of milk that is physically received during the month from dairy
farmers and handlers described in Sec. 1000.9(c), including milk that is
diverted from the plant, is transferred to pool distributing plants.
Concentrated milk transferred from the supply plant to a distributing
plant for an agreed-upon use other than Class I shall be excluded from
the supply plant's shipments in computing the plant's shipping
percentage.
(d) A plant located within the marketing area or in the State of
Virginia that is operated by a cooperative association if pool plant
status under this paragraph is requested for such plant by the
cooperative association and during the month at least 60 percent of the
producer milk of members of such cooperative association is delivered
directly from farms to pool distributing plants or is transferred to
such plants as a fluid milk product (excluding concentrated milk
transferred to a distributing plant for an agreed-upon use other than
Class I) from the cooperative's plant.
(e) Two or more plants operated by the same handler and that are
located within the marketing area may qualify for pool status as a unit
by meeting the total and in-area route disposition requirements
specified in paragraph (a) of this section and the following additional
requirements:
(1) At least one of the plants in the unit must qualify as a pool
plant pursuant to paragraph (a) of this section;
(2) Other plants in the unit must process only Class I or Class II
products and must be located in a pricing zone providing the same or a
lower Class I price than the price applicable at the distributing plant
included in the unit pursuant to paragraph (e)(1) of this section; and
(3) A written request to form a unit, or to add or remove plants
from a unit, must be filed with the market administrator prior to the
first day of the month for which it is to be effective.
(f) The applicable shipping percentages of paragraphs (c) and (d) of
this section may be increased or decreased by the market administrator
if the market administrator finds that such adjustment is necessary to
encourage needed shipments or to prevent uneconomic shipments. Before
making such a finding, the market administrator shall investigate the
need for adjustment either on the market administrator's own initiative
or at the request of interested parties if the request is made in
writing at least 15 days prior to the date for which the requested
revision is desired effective. If the investigation shows that an
adjustment of the shipping percentages might be appropriate, the market
administrator shall issue a notice stating that an adjustment is being
considered and invite data, views and arguments. Any decision to revise
an applicable shipping percentage must be issued in writing at least one
day before the effective date.
(g) The term pool plant shall not apply to the following plants:
(1) A producer-handler plant;
(2) An exempt plant as defined in Sec. 1000.8(e);
(3) A plant qualified pursuant to paragraph (a) of this section
which is not located within any Federal order marketing area, meets the
pooling requirements of another Federal order, and has had greater route
disposition in such other Federal order marketing area for 3 consecutive
months;
(4) A plant qualified pursuant to paragraph (a) of this section
which is located in another Federal order marketing area, meets the
pooling standards of the other Federal order, and has not had a majority
of its route disposition in this marketing area for 3 consecutive months
or is locked into pool status under such other Federal order without
regard to its route disposition in any other Federal order marketing
area;
(5) A plant qualified pursuant to paragraph (c) of this section
which also meets the pooling requirements of another Federal order and
from which greater qualifying shipments are made to plants regulated
under such other
[[Page 135]]
order than are made to plants regulated under the order in this part, or
such plant has automatic pooling status under such other order; and
(6) That portion of a pool plant designated as a ``nonpool plant''
that is physically separate and operated separately from the pool
portion of such plant. The designation of a portion of a regulated plant
as a nonpool plant must be requested in writing by the handler and must
be approved by the market administrator.
Sec. 1005.8 Nonpool plant.
See Sec. 1000.8.
Sec. 1005.9 Handler.
See Sec. 1000.9.
Sec. 1005.10 Producer-handler.
Producer-handler means a person who:
(a) Operates a dairy farm and a distributing plant from which there
is monthly route disposition in the marketing area;
(b) Receives no fluid milk products, and acquires no fluid milk
products for route disposition, from sources other than own farm
production;
(c) Disposes of no other source milk as Class I milk except by
increasing the nonfat milk solids content of the fluid milk products
received from own farm production; and
(d) Provides proof satisfactory to the market administrator that the
care and management of the dairy animals and other resources necessary
to produce all Class I milk handled, and the processing and packaging
operations are the producer-handler's own enterprise and are operated at
the producer-handler's own risk.
Sec. 1005.11 [Reserved]
Sec. 1005.12 Producer.
(a) Except as provided in paragraph (b) of this section, producer
means any person who produces milk approved by a duly constituted
regulatory agency for fluid consumption as Grade A milk and whose milk
(or components of milk) is:
(1) Received at a pool plant directly from the producer or diverted
by the plant operator in accordance with Sec. 1005.13; or
(2) Received by a handler described in Sec. 1000.9(c).
(b) Producer shall not include:
(1) A producer-handler as defined in any Federal order;
(2) A dairy farmer whose milk is received at an exempt plant,
excluding producer milk diverted to the exempt plant pursuant to
Sec. 1005.13(d);
(3) A dairy farmer whose milk is received by diversion at a pool
plant from a handler regulated under another Federal order if the other
Federal order designates the dairy farmer as a producer under that order
and that milk is allocated by request to a utilization other than Class
I; and
(4) A dairy farmer whose milk is reported as diverted to a plant
fully regulated under another order with respect to that portion of the
milk so diverted that is assigned to Class I under the provisions of
such other order.
Sec. 1005.13 Producer milk.
Producer milk means the skim milk (or the skim equivalent of
components of skim milk) and butterfat contained in milk of a producer
that is:
(a) Received by the operator of a pool plant directly from a
producer or a handler described in Sec. 1000.9(c). All milk received
pursuant to this paragraph shall be priced at the location of the plant
where it is first physically received;
(b) Received by a handler described in Sec. 1000.9(c) in excess of
the quantity delivered to pool plants;
(c) Diverted by a pool plant operator to another pool plant. Milk so
diverted shall be priced at the location of the plant to which diverted;
or
(d) Diverted by the operator of a pool plant or a handler described
in Sec. 1000.9(c) to a nonpool plant, subject to the following
conditions:
(1) In any month of July through December, not less than 6 days'
production of the producer whose milk is diverted is physically received
at a pool plant during the month;
(2) In any month of January through June, not less than 2 days'
production of the producer whose milk is diverted is physically received
at a pool plant during the month;
[[Page 136]]
(3) The total quantity of milk so diverted during the month by a
cooperative association shall not exceed 25 percent during the months of
July through November, January, and February, and 40 percent during the
months of December and March through June, of the producer milk that the
cooperative association caused to be delivered to, and physically
received at, pool plants during the month;
(4) The operator of a pool plant that is not a cooperative
association may divert any milk that is not under the control of a
cooperative association that diverts milk during the month pursuant to
paragraph (d) of this section. The total quantity of milk so diverted
during the month shall not exceed 25 percent during the months of July
through November, January, and February, and 40 percent during the
months of December and March through June, of the producer milk
physically received at such plant (or such unit of plants in the case of
plants that pool as a unit pursuant to Sec. 1005.7(d)) during the month,
excluding the quantity of producer milk received from a handler
described in Sec. 1000.9(c);
(5) Any milk diverted in excess of the limits prescribed in
paragraphs (d)(3) and (4) of this section shall not be producer milk. If
the diverting handler or cooperative association fails to designate the
dairy farmers' deliveries that will not be producer milk, no milk
diverted by the handler or cooperative association shall be producer
milk;
(6) Diverted milk shall be priced at the location of the plant to
which diverted; and
(7) The delivery day requirements and the diversion percentages in
paragraphs (d)(1) through (4) of this section may be increased or
decreased by the market administrator if the market administrator finds
that such revision is necessary to assure orderly marketing and
efficient handling of milk in the marketing area. Before making such a
finding, the market administrator shall investigate the need for the
revision either on the market administrator's own initiative or at the
request of interested persons. If the investigation shows that a
revision might be appropriate, the market administrator shall issue a
notice stating that the revision is being considered and inviting
written data, views, and arguments. Any decision to revise an applicable
percentage must be issued in writing at least one day before the
effective date.
Sec. 1005.14 Other source milk.
See Sec. 1000.14.
Sec. 1005.15 Fluid milk product.
See Sec. 1000.15.
Sec. 1005.16 Fluid cream product.
See Sec. 1000.16.
Sec. 1005.17 [Reserved]
Sec. 1005.18 Cooperative association.
See Sec. 1000.18.
Sec. 1005.19 Commercial food processing establishment.
See Sec. 1000.19.
Handler Reports
Sec. 1005.30 Reports of receipts and utilization.
Each handler shall report monthly so that the market administrator's
office receives the report on or before the 7th day after the end of the
month, in the detail and on prescribed forms, as follows:
(a) With respect to each of its pool plants, the quantities of skim
milk and butterfat contained in or represented by:
(1) Receipts of producer milk, including producer milk diverted by
the reporting handler, from sources other than handlers described in
Sec. 1000.9(c);
(2) Receipts of milk from handlers described in Sec. 1000.9(c);
(3) Receipts of fluid milk products and bulk fluid cream products
from other pool plants;
(4) Receipts of other source milk;
(5) Receipts of bulk milk from a plant regulated under another
Federal order, except Federal Order 1007, for which a transportation
credit is requested pursuant to Sec. 1005.82;
(6) Receipts of producer milk described in Sec. 1005.82(c)(2),
including the identity of the individual producers
[[Page 137]]
whose milk is eligible for the transportation credit pursuant to that
paragraph and the date that such milk was received;
(7) For handlers submitting transportation credit requests,
transfers of bulk milk to nonpool plants, including the dates that such
milk was transferred;
(8) Inventories at the beginning and end of the month of fluid milk
products and bulk fluid cream products; and
(9) The utilization or disposition of all milk and milk products
required to be reported pursuant to this paragraph.
(b) Each handler operating a partially regulated distributing plant
shall report with respect to such plant in the same manner as prescribed
for reports required by paragraph (a) of this section. Receipts of milk
that would have been producer milk if the plant had been fully regulated
shall be reported in lieu of producer milk. The report shall show also
the quantity of any reconstituted skim milk in route disposition in the
marketing area.
(c) Each handler described in Sec. 1000.9(c) shall report:
(1) The quantities of all skim milk and butterfat contained in
receipts of milk from producers;
(2) The utilization or disposition of all such receipts; and
(3) With respect to milk for which a cooperative association is
requesting a transportation credit pursuant to Sec. 1005.82, all of the
information required in paragraphs (a)(5), (a)(6), and (a)(7) of this
section.
(d) Each handler not specified in paragraphs (a) through (c) of this
section shall report with respect to its receipts and utilization of
milk and milk products in such manner as the market administrator may
prescribe.
Sec. 1005.31 Payroll reports.
(a) On or before the 20th day after the end of each month, each
handler that operates a pool plant pursuant to Sec. 1005.7 and each
handler described in Sec. 1000.9(c) shall report to the market
administrator its producer payroll for the month, in detail prescribed
by the market administrator, showing for each producer the information
specified in Sec. 1005.73(e).
(b) Each handler operating a partially regulated distributing plant
who elects to make payment pursuant to Sec. 1000.76(b) shall report for
each dairy farmer who would have been a producer if the plant had been
fully regulated in the same manner as prescribed for reports required by
paragraph (a) of this section.
Sec. 1005.32 Other reports.
(a) On or before the 20th day after the end of each month, each
handler described in Sec. 1000.9(a) and (c) shall report to the market
administrator any adjustments to transportation credit requests as
reported pursuant to Sec. 1005.30(a)(5), (6), and (7).
(b) In addition to the reports required pursuant to Secs. 1005.30,
1005.31, and 1005.32(a), each handler shall report any information the
market administrator deems necessary to verify or establish each
handler's obligation under the order.
Classification of Milk
Sec. 1005.40 Classes of utilization.
See Sec. 1000.40.
Sec. 1005.41 [Reserved]
Sec. 1005.42 Classification of transfers and diversions.
See Sec. 1000.42.
Sec. 1005.43 General classification rules.
See Sec. 1000.43.
Sec. 1005.44 Classification of producer milk.
See Sec. 1000.44.
Sec. 1005.45 Market administrator's reports and announcements concerning classification.
See Sec. 1000.45.
Class Prices
Sec. 1005.50 Class prices, component prices, and advanced pricing factors.
See Sec. 1000.50.
Sec. 1005.51 Class I differential and price.
The Class I differential shall be the differential established for
Mecklenburg County, North Carolina, which is reported in Sec. 1000.52.
The Class I price shall be the price computed pursuant
[[Page 138]]
to Sec. 1000.50(a) for Mecklenburg County, North Carolina.
Sec. 1005.52 Adjusted Class I differentials.
See Sec. 1000.52.
Sec. 1005.53 Announcement of class prices, component prices, and advanced pricing factors.
See Sec. 1000.53.
Sec. 1005.54 Equivalent price.
See Sec. 1000.54.
Uniform Prices
Sec. 1005.60 Handler's value of milk.
For the purpose of computing a handler's obligation for producer
milk, the market administrator shall determine for each month the value
of milk of each handler with respect to each of the handler's pool
plants and of each handler described in Sec. 1000.9(c) with respect to
milk that was not received at a pool plant by adding the amounts
computed in paragraphs (a) through (e) of this section and subtracting
from that total amount the value computed in paragraph (f) of this
section. Receipts of nonfluid milk products that are distributed as
labeled reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76(a)(4) or (d)
shall be excluded from pricing under this section.
(a) Multiply the pounds of skim milk and butterfat in producer milk
that were classified in each class pursuant to Sec. 1000.44(c) by the
applicable skim milk and butterfat prices, and add the resulting
amounts;
(b) Multiply the pounds of skim milk and butterfat overage assigned
to each class pursuant to Sec. 1000.44(a)(11) by the respective skim
milk and butterfat prices applicable at the location of the pool plant;
(c) Multiply the difference between the Class IV price for the
preceding month and the current month's Class I, II, or III price, as
the case may be, by the hundredweight of skim milk and butterfat
subtracted from Class I, II, or III, respectively, pursuant to
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
(d) Multiply the difference between the Class I price applicable at
the location of the pool plant and the Class IV price by the
hundredweight of skim milk and butterfat assigned to Class I pursuant to
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi)
and the corresponding step of Sec. 1000.44(b), excluding receipts of
bulk fluid cream products from a plant regulated under other Federal
orders and bulk concentrated fluid milk products from pool plants,
plants regulated under other Federal orders, and unregulated supply
plants;
(e) Multiply the Class I price applicable at the location of the
nearest unregulated supply plants from which an equivalent volume was
received by the pounds of skim milk and butterfat in receipts of
concentrated fluid milk products assigned to Class I pursuant to
Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the pounds of skim milk
and butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and
the corresponding step of Sec. 1000.44(b), excluding such skim milk and
butterfat in receipts of fluid milk products from an unregulated supply
plant to the extent that an equivalent amount of skim milk or butterfat
disposed of to such plant by handlers fully regulated under any Federal
milk order is classified and priced as Class I milk and is not used as
an offset for any other payment obligation under any order; and
(f) For reconstituted milk made from receipts of nonfluid milk
products, multiply $1.00 (but not more than the difference between the
Class I price applicable at the location of the pool plant and the Class
IV price) by the hundredweight of skim milk and butterfat contained in
receipts of nonfluid milk products that are allocated to Class I use
pursuant to Sec. 1000.43(d).
Sec. 1005.61 Computation of uniform prices.
On or before the 11th day of each month, the market administrator
shall compute a uniform butterfat price, a uniform skim milk price, and
a uniform price for producer milk receipts reported for the prior month.
The report of any handler who has not made
[[Page 139]]
payments required pursuant to Sec. 1005.71 for the preceding month shall
not be included in the computation of these prices, and such handler's
report shall not be included in the computation for succeeding months
until the handler has made full payment of outstanding monthly
obligations.
(a) Uniform butterfat price. The uniform butterfat price per pound,
rounded to the nearest one-hundredth cent, shall be computed by
multiplying the pounds of butterfat in producer milk allocated to each
class pursuant to Sec. 1000.44(b) by the respective class butterfat
prices and dividing the sum of such values by the total pounds of such
butterfat.
(b) Uniform skim milk price. The uniform skim milk price per
hundredweight, rounded to the nearest cent, shall be computed as
follows:
(1) Combine into one total the values computed pursuant to
Sec. 1005.60 for all handlers;
(2) Add an amount equal to the minus location adjustments and
subtract an amount equal to the plus location adjustments computed
pursuant to Sec. 1005.75;
(3) Add an amount equal to not less than one-half of the unobligated
balance in the producer-settlement fund;
(4) Subtract the value of the total pounds of butterfat for all
handlers. The butterfat value shall be computed by multiplying the
pounds of butterfat by the butterfat price computed in paragraph (a) of
this section;
(5) Divide the resulting amount by the sum of the following for all
handlers included in these computations:
(i) The total skim pounds of producer milk; and
(ii) The total skim pounds for which a value is computed pursuant to
Sec. 1005.60(e); and
(6) Subtract not less than 4 cents and not more than 5 cents.
(c) Uniform price. The uniform price per hundredweight, rounded to
the nearest cent, shall be the sum of the following:
(1) Multiply the uniform butterfat price for the month pursuant to
paragraph (a) of this section times 3.5 pounds of butterfat; and
(2) Multiply the uniform skim milk price for the month pursuant to
paragraph (b) of this section times 96.5 pounds of skim milk.
Sec. 1005.62 Announcement of uniform prices.
On or before the 11th day after the end of the month, the market
administrator shall announce the uniform prices for the month computed
pursuant to Sec. 1005.61.
Payments for Milk
Sec. 1005.70 Producer-settlement fund.
See Sec. 1000.70.
Sec. 1005.71 Payments to the producer-settlement fund.
Each handler shall make a payment to the producer-settlement fund in
a manner that provides receipt of the funds by the market administrator
no later than the 12th day after the end of the month (except as
provided in Sec. 1000.90). Payment shall be the amount, if any, by which
the amount specified in paragraph (a) of this section exceeds the amount
specified in paragraph (b) of this section:
(a) The total value of milk of the handler for the month as
determined pursuant to Sec. 1005.60; and
(b) The sum of the value at the uniform prices for skim milk and
butterfat, adjusted for plant location, of the handler's receipts of
producer milk; and the value at the uniform price, as adjusted pursuant
to Sec. 1005.75, applicable at the location of the plant from which
received of other source milk for which a value is computed pursuant to
Sec. 1005.60(e).
Sec. 1005.72 Payments from the producer-settlement fund.
No later than one day after the date of payment receipt required
under Sec. 1005.71, the market administrator shall pay to each handler
the amount, if any, by which the amount computed pursuant to
Sec. 1005.71(b) exceeds the amount computed pursuant to Sec. 1005.71(a).
If, at such time, the balance in the producer-settlement fund is
insufficient to make all payments pursuant to this section, the market
administrator shall reduce uniformly such
[[Page 140]]
payments and shall complete the payments as soon as the funds are
available.
Sec. 1005.73 Payments to producers and to cooperative associations.
(a) Each pool plant operator that is not paying a cooperative
association for producer milk shall pay each producer as follows:
(1) Partial payment. For each producer who has not discontinued
shipments as of the 23rd day of the month, payment shall be made so that
it is received by the producer on or before the 26th day of the month
(except as provided in Sec. 1000.90) for milk received during the first
15 days of the month at not less than 90 percent of the preceding
month's uniform price, adjusted for plant location pursuant to
Sec. 1005.75 and proper deductions authorized in writing by the
producer.
(2) Final payment. For milk received during the month, a payment
computed as follows shall be made so that it is received by each
producer one day after the payment date required in Sec. 1005.72:
(i) Multiply the hundredweight of producer skim milk received times
the uniform skim milk price for the month;
(ii) Multiply the pounds of butterfat received times the uniform
butterfat price for the month;
(iii) Multiply the hundredweight of producer milk received times the
plant location adjustment pursuant to Sec. 1005.75; and
(iv) Add the amounts computed in paragraph (a)(2)(i), (ii), and
(iii) of this section, and from that sum:
(A) Subtract the partial payment made pursuant to paragraph (a)(1)
of this section;
(B) Subtract the deduction for marketing services pursuant to
Sec. 1000.86;
(C) Add or subtract for errors made in previous payments to the
producer; and
(D) Subtract proper deductions authorized in writing by the
producer.
(b) One day before partial and final payments are due pursuant to
paragraph (a) of this section, each pool plant operator shall pay a
cooperative association for milk received as follows:
(1) Partial payment to a cooperative association for bulk milk
received directly from producers' farms. For bulk milk (including the
milk of producers who are not members of such association and who the
market administrator determines have authorized the cooperative
association to collect payment for their milk) received during the first
15 days of the month from a cooperative association in any capacity,
except as the operator of a pool plant, the payment shall be equal to
the hundredweight of milk received multiplied by 90 percent of the
preceding month's uniform price, adjusted for plant location pursuant to
Sec. 1005.75.
(2) Partial payment to a cooperative association for milk
transferred from its pool plant. For bulk fluid milk products and bulk
fluid cream products received during the first 15 days of the month from
a cooperative association in its capacity as the operator of a pool
plant, the partial payment shall be at the pool plant operator's
estimated use value of the milk using the most recent class prices
available for skim milk and butterfat at the receiving plant's location.
(3) Final payment to a cooperative association for milk transferred
from its pool plant. For bulk fluid milk products and bulk fluid cream
products received during the month from a cooperative association in its
capacity as the operator of a pool plant, the final payment shall be the
classified value of such milk as determined by multiplying the pounds of
skim milk and butterfat assigned to each class pursuant to Sec. 1000.44
by the class prices for the month at the receiving plant's location, and
subtracting from this sum the partial payment made pursuant to paragraph
(b)(2) of this section.
(4) Final payment to a cooperative association for bulk milk
received directly from producers' farms. For bulk milk received from a
cooperative association during the month, including the milk of
producers who are not members of such association and who the market
administrator determines have authorized the cooperative association to
collect payment for their milk, the final payment for such milk shall be
an amount equal to the sum of the individual payments otherwise payable
for
[[Page 141]]
such milk pursuant to paragraph (a)(2) of this section.
(c) If a handler has not received full payment from the market
administrator pursuant to Sec. 1005.72 by the payment date specified in
paragraph (a) or (b) of this section, the handler may reduce payments
pursuant to paragraphs (a) and (b) of this section, but by not more than
the amount of the underpayment. The payments shall be completed on the
next scheduled payment date after receipt of the balance due from the
market administrator.
(d) If a handler claims that a required payment to a producer cannot
be made because the producer is deceased or cannot be located, or
because the cooperative association or its lawful successor or assignee
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates
and pays the producer or a lawful claimant, or in the event that the
handler no longer exists and a lawful claim is later established, the
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant as the case may
be.
(e) In making payments to producers pursuant to this section, each
pool plant operator shall furnish each producer, except a producer whose
milk was received from a cooperative association described in
Sec. 1000.9(a) or (c), a supporting statement in such form that it may
be retained by the recipient which shall show:
(1) The name, address, Grade A identifier assigned by a duly
constituted regulatory agency, and the payroll number of the producer;
(2) The month and dates that milk was received from the producer,
including the daily and total pounds of milk received;
(3) The total pounds of butterfat in the producer's milk;
(4) The minimum rate or rates at which payment to the producer is
required pursuant to the order in this part;
(5) The rate used in making payment if the rate is other than the
applicable minimum rate;
(6) The amount, or rate per hundredweight, and nature of each
deduction claimed by the handler; and
(7) The net amount of payment to the producer or cooperative
association.
Sec. 1005.74 [Reserved]
Sec. 1005.75 Plant location adjustments for producer milk and nonpool milk.
For purposes of making payments for producer milk and nonpool milk,
a plant location adjustment shall be determined by subtracting the Class
I price specified in Sec. 1005.51 from the Class I price at the plant's
location. The difference, plus or minus as the case may be, shall be
used to adjust the payments required pursuant to Secs. 1005.73 and
1000.76.
Sec. 1005.76 Payments by a handler operating a partially regulated distributing plant.
See Sec. 1000.76.
Sec. 1005.77 Adjustment of accounts.
See Sec. 1000.77.
Sec. 1005.78 Charges on overdue accounts.
See Sec. 1000.78.
Marketwide Service Payments
Sec. 1005.80 Transportation credit balancing fund.
The market administrator shall maintain a separate fund known as the
Transportation Credit Balancing Fund into which shall be deposited the
payments made by handlers pursuant to Sec. 1005.81 and out of which
shall be made the payments due handlers pursuant to Sec. 1005.82.
Payments due a handler shall be offset against payments due from the
handler.
Sec. 1005.81 Payments to the transportation credit balancing fund.
(a) On or before the 12th day after the end of the month (except as
provided in Sec. 1000.90), each handler operating a pool plant and each
handler specified in Sec. 1000.9(c) shall pay to the market
administrator a transportation credit balancing fund assessment
determined by multiplying the pounds of Class I producer milk assigned
pursuant to
[[Page 142]]
Sec. 1005.44 by $0.065 per hundredweight or such lesser amount as the
market administrator deems necessary to maintain a balance in the fund
equal to the total transportation credits disbursed during the prior
June-January period. In the event that during any month of the June-
January period the fund balance is insufficient to cover the amount of
credits that are due, the assessment should be based upon the amount of
credits that would have been disbursed had the fund balance been
sufficient.
(b) The market administrator shall announce publicly on or before
the 5th day of the month (except as provided in Sec. 1000.90) the
assessment pursuant to paragraph (a) of this section for the following
month.
Sec. 1005.82 Payments from the transportation credit balancing fund.
(a) Payments from the transportation credit balancing fund to
handlers and cooperative associations requesting transportation credits
shall be made as follows:
(1) On or before the 13th day (except as provided in Sec. 1000.90)
after the end of each of the months of July through December and any
other month in which transportation credits are in effect pursuant to
paragraph (b) of this section, the market administrator shall pay to
each handler that received, and reported pursuant to Sec. 1005.30(a)(5),
bulk milk transferred from a plant fully regulated under another Federal
order as described in paragraph (c)(1) of this section or that received,
and reported pursuant to Sec. 1005.30(a)(6), milk directly from
producers' farms as specified in paragraph (c)(2) of this section, a
preliminary amount determined pursuant to paragraph (d) of this section
to the extent that funds are available in the transportation credit
balancing fund. If an insufficient balance exists to pay all of the
credits computed pursuant to this section, the market administrator
shall distribute the balance available in the transportation credit
balancing fund by reducing payments prorata using the percentage derived
by dividing the balance in the fund by the total credits that are due
for the month. The amount of credits resulting from this initial
proration shall be subject to audit adjustment pursuant to paragraph
(a)(2) of this section.
(2) The market administrator shall accept adjusted requests for
transportation credits on or before the 20th day of the month following
the month for which such credits were requested pursuant to
Sec. 1005.32(a). After such date, a preliminary audit will be conducted
by the market administrator, who will recalculate any necessary
proration of transportation credit payments for the preceding month
pursuant to paragraph (a) of this section. Handlers will be promptly
notified of an overpayment of credits based upon this final computation
and remedial payments to or from the transportation credit balancing
fund will be made on or before the next payment date for the following
month.
(3) Transportation credits paid pursuant to paragraphs (a)(1) and
(2) of this section shall be subject to final verification by the market
administrator pursuant to Sec. 1000.77. Adjusted payments to or from the
transportation credit balancing fund will remain subject to the final
proration established pursuant to paragraph (a)(2) of this section.
(4) In the event that a qualified cooperative association is the
responsible party for whose account such milk is received and written
documentation of this fact is provided to the market administrator
pursuant to Sec. 1005.30(c)(3) prior to the date payment is due, the
transportation credits for such milk computed pursuant to this section
shall be made to such cooperative association rather than to the
operator of the pool plant at which the milk was received.
(b) The market administrator may extend the period during which
transportation credits are in effect (i.e., the transportation credit
period) to the months of January and June if a written request to do so
is received 15 days prior to the beginning of the month for which the
request is made and, after conducting an independent investigation,
finds that such extension is necessary to assure the market of an
adequate supply of milk for fluid use. Before making such a finding, the
market administrator shall notify the Director of the Dairy Division and
all handlers
[[Page 143]]
in the market that an extension is being considered and invite written
data, views, and arguments. Any decision to extend the transportation
credit period must be issued in writing prior to the first day of the
month for which the extension is to be effective.
(c) Transportation credits shall apply to the following milk:
(1) Bulk milk received from a plant regulated under another Federal
order, except Federal Order 1007, and allocated to Class I milk pursuant
to Sec. 1000.44(a)(9); and
(2) Bulk milk received directly from the farms of dairy farmers at
pool distributing plants subject to the following conditions:
(i) The quantity of such milk that shall be eligible for the
transportation credit shall be determined by multiplying the total
pounds of milk received from producers meeting the conditions of this
paragraph by the lower of:
(A) The marketwide estimated Class I utilization of all handlers for
the month pursuant to Sec. 1000.45(a); or
(B) The Class I utilization of all producer milk of the pool plant
operator receiving the milk after the computations described in
Sec. 1000.44;
(ii) The dairy farmer was not a ``producer'' under this order during
more than 2 of the immediately preceding months of February through May
and not more than 50 percent of the production of the dairy farmer
during those 2 months, in aggregate, was received as producer milk under
this order during those 2 months; and
(iii) The farm on which the milk was produced is not located within
the specified marketing area of the order in this part or the marketing
area of Federal Order 1007 (7 CFR part 1007).
(d) Transportation credits shall be computed as follows:
(1) The market administrator shall subtract from the pounds of milk
described in paragraphs (c)(1) and (2) of this section the pounds of
bulk milk transferred from the pool plant receiving the supplemental
milk if milk was transferred to a nonpool plant on the same calendar day
that the supplemental milk was received. For this purpose, the
transferred milk shall be subtracted from the most distant load of
supplemental milk received, and then in sequence with the next most
distant load until all of the transfers have been offset.
(2) With respect to the pounds of milk described in paragraph (c)(1)
of this section that remain after the computations described in
paragraph (d)(1) of this section, the market administrator shall:
(i) Determine the shortest hard-surface highway distance between the
shipping plant and the receiving plant;
(ii) Multiply the number of miles so determined by 0.35 cent;
(iii) Subtract the applicable Class I differential in Sec. 1000.52
for the county in which the shipping plant is located from the Class I
differential applicable for the county in which the receiving plant is
located;
(iv) Subtract any positive difference computed in paragraph
(d)(2)(iii) of this section from the amount computed in paragraph
(d)(2)(ii) of this section; and
(v) Multiply the remainder computed in paragraph (d)(2)(iv) of this
section by the hundredweight of milk described in paragraph (d)(2) of
this section.
(3) For the remaining milk described in paragraph (c)(2) of this
section after computations described in paragraph (d)(1) of this
section, the market administrator shall:
(i) Determine an origination point for each load of milk by locating
the nearest city to the last producer's farm from which milk was picked
up for delivery to the receiving pool plant;
(ii) Determine the shortest hard-surface highway distance between
the receiving pool plant and the origination point;
(iii) Subtract 85 miles from the mileage so determined;
(iv) Multiply the remaining miles so computed by 0.35 cent;
(v) Subtract the Class I differential specified in Sec. 1000.52
applicable for the county in which the origination point is located from
the Class I differential applicable at the receiving pool plant's
location;
(vi) Subtract any positive difference computed in paragraph
(d)(3)(v) of this section from the amount computed in paragraph
(d)(3)(iv) of this section; and
[[Page 144]]
(vii) Multiply the remainder computed in paragraph (d)(3)(vi) of
this section by the hundredweight of milk described in paragraph (d)(3)
of this section.
Administrative Assessment and Marketing Service Deduction
Sec. 1005.85 Assessment for order administration.
See Sec. 1000.85.
Sec. 1005.86 Deduction for marketing services.
See Sec. 1000.86.
PART 1006--MILK IN THE FLORIDA MARKETING AREA--Table of Contents
Subpart--Order Regulating Handling
General Provisions
Sec.
1006.1 General provisions.
Definitions
1006.2 Florida marketing area.
1006.3 Route disposition.
1006.4 Plant.
1006.5 Distributing plant.
1006.6 Supply plant.
1006.7 Pool plant.
1006.8 Nonpool plant.
1006.9 Handler.
1006.10 Producer-handler.
1006.11 [Reserved]
1006.12 Producer.
1006.13 Producer milk.
1006.14 Other source milk.
1006.15 Fluid milk product.
1006.16 Fluid cream product.
1006.17 [Reserved]
1006.18 Cooperative association.
1006.19 Commercial food processing establishment.
Handler Reports
1006.30 Reports of receipts and utilization.
1006.31 Payroll reports.
1006.32 Other reports.
Classification of Milk
1006.40 Classes of utilization.
1006.41 [Reserved]
1006.42 Classification of transfers and diversions.
1006.43 General classification rules.
1006.44 Classification of producer milk.
1006.45 Market administrator's reports and announcements concerning
classification.
Class Prices
1006.50 Class prices, component prices, and advanced pricing factors.
1006.51 Class I differential and price.
1006.52 Adjusted Class I differentials.
1006.53 Announcement of class prices, component prices, and advanced
pricing factors.
1006.54 Equivalent price.
Uniform Prices
1006.60 Handler's value of milk.
1006.61 Computation of uniform prices.
1006.62 Announcement of uniform prices.
Payments for Milk
1006.70 Producer-settlement fund.
1006.71 Payments to the producer-settlement fund.
1006.72 Payments from the producer-settlement fund.
1006.73 Payments to producers and to cooperative associations.
1006.74 [Reserved]
1006.75 Plant location adjustments for producer milk and nonpool milk.
1006.76 Payments by a handler operating a partially regulated
distributing plant.
1006.77 Adjustment of accounts.
1006.78 Charges on overdue accounts.
Administrative Assessment and Marketing Service Deduction
1006.85 Assessment for order administration.
1006.86 Deduction for marketing services.
Authority: 7 U.S.C. 601-674, and 7253.
Source: 64 FR 47966, Sept. 1, 1999, unless otherwise noted.
Subpart--Order Regulating Handling
General Provisions
Sec. 1006.1 General provisions.
The terms, definitions, and provisions in part 1000 of this chapter
apply to this part 1006. In this part 1006, all references to sections
in part 1000 refer to part 1000 of this chapter.
Definitions
Sec. 1006.2 Florida marketing area.
The marketing area means all the territory within the State of
Florida, except the counties of Escambia, Okaloosa, Santa Rosa, and
Walton, including all piers, docks and wharves connected therewith and
all craft
[[Page 145]]
moored thereat, and all territory occupied by government (municipal,
State or Federal) reservations, installations, institutions, or other
similar establishments if any part thereof is within any of the listed
states or political subdivisions.
Sec. 1006.3 Route disposition.
See Sec. 1000.3.
Sec. 1006.4 Plant.
See Sec. 1000.4.
Sec. 1006.5 Distributing plant.
See Sec. 1000.5.
Sec. 1006.6 Supply plant.
See Sec. 1000.6.
Sec. 1006.7 Pool plant.
Pool plant means a plant specified in paragraphs (a) through (d) of
this section, or a unit of plants as specified in paragraph (e) of this
section, but excluding a plant specified in paragraph (g) of this
section. The pooling standards described in paragraphs (c) and (d) of
this section are subject to modification pursuant to paragraph (f) of
this section:
(a) A distributing plant, other than a plant qualified as a pool
plant pursuant to paragraph (b) of this section or Sec. ______.7(b) of
any other Federal milk order, from which during the month 50 percent or
more of the fluid milk products physically received at such plant
(excluding concentrated milk received from another plant by agreement
for other than Class I use) are disposed of as route disposition or are
transferred in the form of packaged fluid milk products to other
distributing plants. At least 25 percent of such route disposition and
transfers must be to outlets in the marketing area.
(b) Any distributing plant located in the marketing area which
during the month processed at least 50 percent of the total quantity of
fluid milk products physically received at the plant (excluding
concentrated milk received from another plant by agreement for other
than Class I use) into ultra-pasteurized or aseptically-processed fluid
milk products.
(c) A supply plant from which 60 percent or more of the total
quantity of milk that is physically received during the month from dairy
farmers and handlers described in Sec. 1000.9(c), including milk that is
diverted from the plant, is transferred to pool distributing plants.
Concentrated milk transferred from the supply plant to a distributing
plant for an agreed-upon use other than Class I shall be excluded from
the supply plant's shipments in computing the plant's shipping
percentage.
(d) A plant located within the marketing area that is operated by a
cooperative association if pool plant status under this paragraph is
requested for such plant by the cooperative association and during the
month 60 percent of the producer milk of members of such cooperative
association is delivered directly from farms to pool distributing plants
or is transferred to such plants as a fluid milk product (excluding
concentrated milk transferred to a distributing plant for an agreed-upon
use other than Class I) from the cooperative's plant.
(e) Two or more plants operated by the same handler and that are
located within the marketing area may qualify for pool status as a unit
by meeting the total and in-area route disposition requirements
specified in paragraph (a) of this section and the following additional
requirements:
(1) At least one of the plants in the unit must qualify as a pool
plant pursuant to paragraph (a) of this section;
(2) Other plants in the unit must process only Class I or Class II
products and must be located in a pricing zone providing the same or a
lower Class I price than the price applicable at the distributing plant
included in the unit pursuant to paragraph (e)(1) of this section; and
(3) A written request to form a unit, or to add or remove plants
from a unit, must be filed with the market administrator prior to the
first day of the month for which it is to be effective.
(f) The applicable shipping percentages of paragraphs (c) and (d) of
this section may be increased or decreased by the market administrator
if the market administrator finds that such adjustment is necessary to
encourage needed shipments or to prevent uneconomic shipments. Before
making such a finding, the market administrator
[[Page 146]]
shall investigate the need for adjustment either on the market
administrator's own initiative or at the request of interested parties
if the request is made in writing at least 15 days prior to the date for
which the requested revision is desired effective. If the investigation
shows that an adjustment of the shipping percentages might be
appropriate, the market administrator shall issue a notice stating that
an adjustment is being considered and invite data, views and arguments.
Any decision to revise an applicable shipping percentage must be issued
in writing at least one day before the effective date.
(g) The term pool plant shall not apply to the following plants:
(1) A producer-handler plant;
(2) An exempt plant as defined in Sec. 1000.8(e);
(3) A plant qualified pursuant to paragraph (a) of this section
which is not located within any Federal order marketing area, meets the
pooling requirements of another Federal order, and has had greater route
disposition in such other Federal order marketing area for 3 consecutive
months;
(4) A plant qualified pursuant to paragraph (a) of this section
which is located in another Federal order marketing area, meets the
pooling standards of the other Federal order, and has not had a majority
of its route disposition in this marketing area for 3 consecutive months
or is locked into pool status under such other Federal order without
regard to its route disposition in any other Federal order marketing
area; and
(5) A plant qualified pursuant to paragraph (c) of this section
which also meets the pooling requirements of another Federal order and
from which greater qualifying shipments are made to plants regulated
under such other order than are made to plants regulated under the order
in this part, or such plant has automatic pooling status under such
other order.
Sec. 1006.8 Nonpool plant.
See Sec. 1000.8.
Sec. 1006.9 Handler.
See Sec. 1000.9.
Sec. 1006.10 Producer-handler.
Producer-handler means a person who:
(a) Operates a dairy farm and a distributing plant from which there
is monthly route disposition in the marketing area;
(b) Receives no fluid milk products, and acquires no fluid milk
products for route disposition, from sources other than own farm
production;
(c) Disposes of no other source milk as Class I milk except by
increasing the nonfat milk solids content of the fluid milk products
received from own farm production; and
(d) Provides proof satisfactory to the market administrator that the
care and management of the dairy animals and other resources necessary
to produce all Class I milk handled, and the processing and packaging
operations, are the producer-handler's own enterprise and are operated
at the producer-handler's own risk.
Sec. 1006.11 [Reserved]
Sec. 1006.12 Producer.
(a) Except as provided in paragraph (b) of this section, producer
means any person who produces milk approved by a duly constituted
regulatory agency for fluid consumption as Grade A milk and whose milk
(or components of milk) is:
(1) Received at a pool plant directly from the producer or diverted
by the plant operator in accordance with Sec. 1006.13; or
(2) Received by a handler described in Sec. 1000.9(c).
(b) Producer shall not include:
(1) A producer-handler as defined in any Federal order;
(2) A dairy farmer whose milk is received at an exempt plant,
excluding producer milk diverted to the exempt plant pursuant to
Sec. 1006.13(d);
(3) A dairy farmer whose milk is received by diversion at a pool
plant from a handler regulated under another Federal order if the other
Federal order designates the dairy farmer as a producer under that order
and that milk is allocated by request to a utilization other than Class
I; and
(4) A dairy farmer whose milk is reported as diverted to a plant
fully regulated under another Federal order with
[[Page 147]]
respect to that portion of the milk so diverted that is assigned to
Class I under the provisions of such other order.
Sec. 1006.13 Producer milk.
Producer milk means the skim milk (or the skim equivalent of
components of skim milk) and butterfat contained in milk of a producer
that is:
(a) Received by the operator of a pool plant directly from a
producer or a handler described in Sec. 1000.9(c). All milk received
pursuant to this paragraph shall be priced at the location of the plant
where it is first physically received;
(b) Received by a handler described in Sec. 1000.9(c) in excess of
the quantity delivered to pool plants;
(c) Diverted by a pool plant operator to another pool plant. Milk so
diverted shall be priced at the location of the plant to which diverted;
or
(d) Diverted by the operator of a pool plant or a handler described
in Sec. 1000.9(c) to a nonpool plant, subject to the following
conditions:
(1) In any month, not less than 10 days' production of the producer
whose milk is diverted is physically received at a pool plant during the
month;
(2) The total quantity of milk so diverted during the month by a
cooperative association shall not exceed 20 percent during the months of
July through November, 25 percent during the months of December through
February, and 40 percent during all other months, of the producer milk
that the cooperative association caused to be delivered to, and
physically received at, pool plants during the month;
(3) The operator of a pool plant that is not a cooperative
association may divert any milk that is not under the control of a
cooperative association that diverts milk during the month pursuant to
paragraph (d) of this section. The total quantity of milk so diverted
during the month shall not exceed 20 percent during the months of July
through November, 25 percent during the months of December through
February, and 40 percent during all other months, of the producer milk
physically received at such plant (or such unit of plants in the case of
plants that pool as a unit pursuant to Sec. 1006.7(d)) during the month,
excluding the quantity of producer milk received from a handler
described in Sec. 1000.9(c);
(4) Any milk diverted in excess of the limits prescribed in
paragraphs (d) (3) and (4) of this section shall not be producer milk.
If the diverting handler or cooperative association fails to designate
the dairy farmers' deliveries that will not be producer milk, no milk
diverted by the handler or cooperative association shall be producer
milk;
(5) Diverted milk shall be priced at the location of the plant to
which diverted; and
(6) The delivery day requirements and the diversion percentages in
paragraphs (d) (1) through (3) of this section may be increased or
decreased by the market administrator if the market administrator finds
that such revision is necessary to assure orderly marketing and
efficient handling of milk in the marketing area. Before making such a
finding, the market administrator shall investigate the need for the
revision either on the market administrator's own initiative or at the
request of interested persons. If the investigation shows that a
revision might be appropriate, the market administrator shall issue a
notice stating that the revision is being considered and inviting
written data, views, and arguments. Any decision to revise an applicable
percentage must be issued in writing at least one day before the
effective date.
Sec. 1006.14 Other source milk.
See Sec. 1000.14.
Sec. 1006.15 Fluid milk product.
See Sec. 1000.15.
Sec. 1006.16 Fluid cream product.
See Sec. 1000.16.
Sec. 1006.17 [Reserved]
Sec. 1006.18 Cooperative association.
See Sec. 1000.18.
Sec. 1006.19 Commercial food processing establishment.
See Sec. 1000.19.
[[Page 148]]
Handler Reports
Sec. 1006.30 Reports of receipts and utilization.
Each handler shall report monthly so that the market administrator's
office receives the report on or before the 7th day after the end of the
month, in the detail and on prescribed forms, as follows:
(a) With respect to each of its pool plants, the quantities of skim
milk and butterfat contained in or represented by:
(1) Receipts of producer milk, including producer milk diverted by
the reporting handler, from sources other than handlers described in
Sec. 1000.9(c);
(2) Receipts of milk from handlers described in Sec. 1000.9(c);
(3) Receipts of fluid milk products and bulk fluid cream products
from other pool plants;
(4) Receipts of other source milk;
(5) Inventories at the beginning and end of the month of fluid milk
products and bulk fluid cream products; and
(6) The utilization or disposition of all milk and milk products
required to be reported pursuant to this paragraph.
(b) Each handler operating a partially regulated distributing plant
shall report with respect to such plant in the same manner as prescribed
for reports required by paragraph (a) of this section. Receipts of milk
that would have been producer milk if the plant had been fully regulated
shall be reported in lieu of producer milk. The report shall show also
the quantity of any reconstituted skim milk in route disposition in the
marketing area.
(c) Each handler described in Sec. 1000.9(c) shall report:
(1) The quantities of all skim milk and butterfat contained in
receipts of milk from producers; and
(2) The utilization or disposition of all such receipts.
(d) Each handler not specified in paragraphs (a) through (c) of this
section shall report with respect to its receipts and utilization of
milk and milk products in such manner as the market administrator may
prescribe.
Sec. 1006.31 Payroll reports.
(a) On or before the 20th day after the end of each month, each
handler that operates a pool plant pursuant to Sec. 1006.7 and each
handler described in Sec. 1000.9(c) shall report to the market
administrator its producer payroll for the month, in detail prescribed
by the market administrator, showing for each producer the information
specified in Sec. 1006.73(e).
(b) Each handler operating a partially regulated distributing plant
who elects to make payment pursuant to Sec. 1000.76(b) shall report for
each dairy farmer who would have been a producer if the plant had been
fully regulated in the same manner as prescribed for reports required by
paragraph (a) of this section.
Sec. 1006.32 Other reports.
In addition to the reports required pursuant to Secs. 1006.30 and
1006.31, each handler shall report any information the market
administrator deems necessary to verify or establish each handler's
obligation under the order.
Classification of Milk
Sec. 1006.40 Classes of utilization.
See Sec. 1000.40.
Sec. 1006.41 [Reserved]
Sec. 1006.42 Classification of transfers and diversions.
See Sec. 1000.42.
Sec. 1006.43 General classification rules.
See Sec. 1000.43.
Sec. 1006.44 Classification of producer milk.
See Sec. 1000.44.
Sec. 1006.45 Market administrator's reports and announcements concerning classification.
See Sec. 1000.45.
Class Prices
Sec. 1006.50 Class prices, component prices, and advanced pricing factors.
See Sec. 1000.50.
Sec. 1006.51 Class I differential and price.
The Class I differential shall be the differential established for
Hillsborough County, Florida, which is
[[Page 149]]
reported in Sec. 1000.52. The Class I price shall be the price computed
pursuant to Sec. 1000.50(a) for Hillsborough County, Florida.
Sec. 1006.52 Adjusted Class I differentials.
See Sec. 1000.52.
Sec. 1006.53 Announcement of class prices, component prices, and advanced pricing factors.
See Sec. 1000.53.
Sec. 1006.54 Equivalent price.
See Sec. 1000.54.
Uniform Prices
Sec. 1006.60 Handler's value of milk.
For the purpose of computing a handler's obligation for producer
milk, the market administrator shall determine for each month the value
of milk of each handler with respect to each of the handler's pool
plants and of each handler described in Sec. 1000.9(c) with respect to
milk that was not received at a pool plant by adding the amounts
computed in paragraphs (a) through (e) of this section and subtracting
from that total amount the value computed in paragraph (f) of this
section. Receipts of nonfluid milk products that are distributed as
labeled reconstituted milk for which payments are made to the producer-
settlement fund of another Federal order under Sec. 1000.76(a)(4) or (d)
shall be excluded from pricing under this section.
(a) Multiply the pounds of skim milk and butterfat in producer milk
that were classified in each class pursuant to Sec. 1000.44(c) by the
applicable skim milk and butterfat prices, and add the resulting
amounts;
(b) Multiply the pounds of skim milk and butterfat overage assigned
to each class pursuant to Sec. 1000.44(a)(11) by the respective skim
milk and butterfat prices applicable at the location of the pool plant;
(c) Multiply the difference between the Class IV price for the
preceding month and the current month's Class I, II, or III price, as
the case may be, by the hundredweight of skim milk and butterfat
subtracted from Class I, II, or III, respectively, pursuant to
Sec. 1000.44(a)(7) and the corresponding step of Sec. 1000.44(b);
(d) Multiply the difference between the Class I price applicable at
the location of the pool plant and the Class IV price by the
hundredweight of skim milk and butterfat assigned to Class I pursuant to
Sec. 1000.43(d) and the hundredweight of skim milk and butterfat
subtracted from Class I pursuant to Sec. 1000.44(a)(3)(i) through (vi)
and the corresponding step of Sec. 1000.44(b), excluding receipts of
bulk fluid cream products from a plant regulated under other Federal
orders and bulk concentrated fluid milk products from pool plants,
plants regulated under other Federal orders, and unregulated supply
plants;
(e) Multiply the Class I price applicable at the location of the
nearest unregulated supply plants from which an equivalent volume was
received by the pounds of skim milk and butterfat in receipts of
concentrated fluid milk products assigned to Class I pursuant to
Sec. 1000.43(d) and Sec. 1000.44(a)(3)(i) and the pounds of skim milk
and butterfat subtracted from Class I pursuant to Sec. 1000.44(a)(8) and
the corresponding step of Sec. 1000.44(b), excluding such skim milk and
butterfat in receipts of fluid milk products from an unregulated supply
plant to the extent that an equivalent amount of skim milk or butterfat
disposed of to such plant by handlers fully regulated under any Federal
milk order is classified and priced as Class I milk and is not used as
an offset for any other payment obligation under any order; and
(f) For reconstituted milk made from receipts of nonfluid milk
products, multiply $1.00 (but not more than the difference between the
Class I price applicable at the location of the pool plant and the Class
IV price) by the hundredweight of skim milk and butterfat contained in
receipts of nonfluid milk products that are allocated to Class I use
pursuant to Sec. 1000.43(d).
Sec. 1006.61 Computation of uniform prices.
On or before the 11th day of each month, the market administrator
shall compute a uniform butterfat price, a uniform skim milk price, and
a uniform price for producer milk receipts
[[Page 150]]
reported for the prior month. The report of any handler who has not made
payments required pursuant to Sec. 1006.71 for the preceding month shall
not be included in the computation of these prices, and such handler's
report shall not be included in the computation for succeeding months
until the handler has made full payment of outstanding monthly
obligations.
(a) Uniform butterfat price. The uniform butterfat price per pound,
rounded to the nearest one-hundredth cent, shall be computed by
multiplying the pounds of butterfat in producer milk allocated to each
class pursuant to Sec. 1000.44(b) by the respective class butterfat
prices and dividing the sum of such values by the total pounds of such
butterfat.
(b) Uniform skim milk price. The uniform skim milk price per
hundredweight, rounded to the nearest cent, shall be computed as
follows:
(1) Combine into one total the values computed pursuant to
Sec. 1006.60 for all handlers;
(2) Add an amount equal to the minus location adjustments and
subtract an amount equal to the plus location adjustments computed
pursuant to Sec. 1006.75;
(3) Add an amount equal to not less than one-half of the unobligated
balance in the producer-settlement fund;
(4) Subtract the value of the total pounds of butterfat for all
handlers. The butterfat value shall be computed by multiplying the
pounds of butterfat by the butterfat price computed in paragraph (a) of
this section;
(5) Divide the resulting amount by the sum of the following for all
handlers included in these computations:
(i) The total skim pounds of producer milk; and
(ii) The total skim pounds for which a value is computed pursuant to
Sec. 1006.60(e); and
(6) Subtract not less than 4 cents and not more than 5 cents.
(c) Uniform price. The uniform price per hundredweight, rounded to
the nearest cent, shall be the sum of the following:
(1) Multiply the uniform butterfat price for the month pursuant to
paragraph (a) of this section times 3.5 pounds of butterfat; and
(2) Multiply the uniform skim milk price for the month pursuant to
paragraph (b) of this section times 96.5 pounds of skim milk.
Sec. 1006.62 Announcement of uniform prices.
On or before the 11th day after the end of the month, the market
administrator shall announce the uniform prices for the month computed
pursuant to Sec. 1006.61.
Payments for Milk
Sec. 1006.70 Producer-settlement fund.
See Sec. 1000.70.
Sec. 1006.71 Payments to the producer-settlement fund.
Each handler shall make a payment to the producer-settlement fund in
a manner that provides receipt of the funds by the market administrator
no later than the 12th day after the end of the month (except as
provided in Sec. 1000.90). Payment shall be the amount, if any, by which
the amount specified in paragraph (a) of this section exceeds the amount
specified in paragraph (b) of this section:
(a) The total value of milk of the handler for the month as
determined pursuant to Sec. 1006.60; and
(b) The sum of the value at the uniform prices for skim milk and
butterfat, adjusted for plant location, of the handler's receipts of
producer milk; and the value at the uniform price, as adjusted pursuant
to Sec. 1006.75, applicable at the location of the plant from which
received of other source milk for which a value is computed pursuant to
Sec. 1006.60(e).
Sec. 1006.72 Payments from the producer-settlement fund.
No later than one day after the date of payment receipt required
under Sec. 1006.71, the market administrator shall pay to each handler
the amount, if any, by which the amount computed pursuant to
Sec. 1006.71(b) exceeds the amount computed pursuant to Sec. 1006.71(a).
If, at such time, the balance in the producer-settlement fund is
insufficient to make all payments pursuant to this section, the market
administrator shall reduce uniformly such
[[Page 151]]
payments and shall complete the payments as soon as the funds are
available.
Sec. 1006.73 Payments to producers and to cooperative associations.
(a) Each pool plant operator that is not paying a cooperative
association for producer milk shall pay each producer as follows:
(1) Partial payments. (i) For each producer who has not discontinued
shipments as of the 15th day of the month, payment shall be made so that
it is received by the producer on or before the 20th day of the month
(except as provided in Sec. 1000.90) for milk received during the first
15 days of the month at not less than 85 percent of the preceding
month's uniform price, adjusted for plant location pursuant to
Sec. 1006.75 and proper deductions authorized in writing by the
producer; and
(ii) For each producer who has not discontinued shipments as of the
last day of the month, payment shall be made so that it is received by
the producer on or before the 5th day of the following month (except as
provided in Sec. 1000.90) for milk received from the 16th to the last
day of the month at not less than 85 percent of the preceding month's
uniform price, adjusted for plant location pursuant to Sec. 1006.75 and
proper deductions authorized in writing by the producer.
(2) Final payment. For milk received during the month, a payment
computed as follows shall be made so that it is received by each
producer one day after the payment date required in Sec. 1006.72:
(i) Multiply the hundredweight of producer skim milk received times
the uniform skim milk price for the month;
(ii) Multiply the pounds of butterfat received times the uniform
butterfat price for the month;
(iii) Multiply the hundredweight of producer milk received times the
plant location adjustment pursuant to Sec. 1006.75; and
(iv) Add the amounts computed in paragraphs (a)(2)(i), (ii), and
(iii) of this section, and from that sum:
(A) Subtract the partial payments made pursuant to paragraph (a)(1)
of this section;
(B) Subtract the deduction for marketing services pursuant to
Sec. 1000.86;
(C) Add or subtract for errors made in previous payments to the
producer; and
(D) Subtract proper deductions authorized in writing by the
producer.
(b) One day before partial and final payments are due pursuant to
paragraph (a) of this section, each pool plant operator shall pay a
cooperative association for milk received as follows:
(1) Partial payment to a cooperative association for bulk milk
received directly from producers' farms. For bulk milk (including the
milk of producers who are not members of such association and who the
market administrator determines have authorized the cooperative
association to collect payment for their milk) received from a
cooperative association in any capacity, except as the operator of a
pool plant, the payment shall be equal to the hundredweight of milk
received multiplied by 90 percent of the preceding month's uniform
price, adjusted for plant location pursuant to Sec. 1006.75.
(2) Partial payment to a cooperative association for milk
transferred from its pool plant. For bulk fluid milk products and bulk
fluid cream products received during the first 15 days of the month from
a cooperative association in its capacity as the operator of a pool
plant, the partial payment shall be at the pool plant operator's
estimated use value of the milk using the most recent class prices
available for skim milk and butterfat at the receiving plant's location.
(3) Final payment to a cooperative association for milk transferred
from its pool plant. For bulk fluid milk products and bulk fluid cream
products received during the month from a cooperative association in its
capacity as the operator of a pool plant, the final payment shall be the
classified value of such milk as determined by multiplying the pounds of
skim milk and butterfat assigned to each class pursuant to Sec. 1000.44
by the class prices for the month at the receiving plant's location, and
subtracting from this sum the partial payment made pursuant to paragraph
(b)(2) of this section.
(4) Final payment to a cooperative association for bulk milk
received directly
[[Page 152]]
from producers' farms. For bulk milk received from a cooperative
association during the month, including the milk of producers who are
not members of such association and who the market administrator
determines have authorized the cooperative association to collect
payment for their milk, the final payment for such milk shall be an
amount equal to the sum of the individual payments otherwise payable for
such milk pursuant to paragraph (a)(2) of this section.
(c) If a handler has not received full payment from the market
administrator pursuant to Sec. 1006.72 by the payment date specified in
paragraph (a) or (b) of this section, the handler may reduce payments
pursuant to paragraphs (a) and (b) of this section, but by not more than
the amount of the underpayment. The payments shall be completed on the
next scheduled payment date after receipt of the balance due from the
market administrator.
(d) If a handler claims that a required payment to a producer cannot
be made because the producer is deceased or cannot be located, or
because the cooperative association or its lawful successor or assignee
is no longer in existence, the payment shall be made to the producer-
settlement fund, and in the event that the handler subsequently locates
and pays the producer or a lawful claimant, or in the event that the
handler no longer exists and a lawful claim is later established, the
market administrator shall make the required payment from the producer-
settlement fund to the handler or to the lawful claimant as the case may
be.
(e) In making payments to producers pursuant to this section, each
pool plant operator shall furnish each producer, except a producer whose
milk was received from a cooperative association described in
Sec. 1000.9(a) or (c), a supporting statement in such form that it may
be retained by the recipient which shall show:
(1) The name, address, Grade A identifier assigned by a duly
constituted regulatory agency, and the payroll number of the producer;
(2) The month and dates that milk was received from the producer,
including the daily and total pounds of milk received;
(3) The total pounds of butterfat in the producer's milk;
(4) The minimum rate or rates at which payment to the producer is
required pursuant to the order in this part;
(5) The rate used in making payment if the rate is other than the
applicable minimum rate;
(6) The amount, or rate per hundredweight, and nature of each
deduction claimed by the handler; and
(7) The net amount of payment to the producer or cooperative
association.
Sec. 1006.74 [Reserved]
Sec. 1006.75 Plant location adjustments for producer milk and nonpool milk.
For purposes of making payments for producer milk and nonpool milk,
a plant location adjustment shall be determined by subtracting the Class
I price specified in Sec. 1006.51 from the Class I price at the plant's
location. The difference, plus or minus as the case may be, shall be
used to adjust the payments required pursuant to Secs. 1006.73 and
1000.76.
Sec. 1006.76 Payments by a handler operating a partially regulated distributing plant.
See Sec. 1000.76.
Sec. 1006.77 Adjustment of accounts.
See Sec. 1000.77.
Sec. 1006.78 Charges on overdue accounts.
See Sec. 1000.78.
Administrative Assessment and Marketing Service Deduction
Sec. 1006.85 Assessment for order administration.
See Sec. 1000.85.
Sec. 1006.86 Deduction for marketing services.
See Sec. 1000.86.
[[Page 153]]
PART 1007--MILK IN THE SOUTHEAST MARKETING AREA--Table of Contents
Subpart--Order Regulating Handling
General Provisions
Sec.
1007.1 General provisions.
Definitions
1007.2 Southeast marketing area.
1007.3 Route disposition.
1007.4 Plant.
1007.5 Distributing plant.
1007.6 Supply plant.
1007.7 Pool plant.
1007.8 Nonpool plant.
1007.9 Handler.
1007.10 Producer-handler.
1007.11 [Reserved]
1007.12 Producer.
1007.13 Producer milk.
1007.14 Other source milk.
1007.15 Fluid milk product.
1007.16 Fluid cream product.
1007.17 [Reserved]
1007.18 Cooperative association.
1007.19 Commercial food processing establishment.
Handler Reports
1007.30 Reports of receipts and utilization.
1007.31 Payroll reports.
1007.32 Other reports.
Classification of Milk
1007.40 Classes of utilization.
1007.41 [Reserved]
1007.42 Classification of transfers and diversions.
1007.43 General classification rules.
1007.44 Classification of producer milk.
1007.45 Market administrator's reports and announcements concerning
classification.
Class Prices
1007.50 Class prices, component prices, and advanced pricing factors.
1007.51 Class I differential and price.
1007.52 Adjusted Class I differentials.
1007.53 Announcement of class prices, component prices, and advanced
pricing factors.
1007.54 Equivalent price.
Uniform Prices
1007.60 Handler's value of milk.
1007.61 Computation of uniform prices.
1007.62 Announcement of uniform prices.
Payments for Milk
1007.70 Producer-settlement fund.
1007.71 Payments to the producer-settlement fund.
1007.72 Payments from the producer-settlement fund.
1007.73 Payments to producers and to cooperative associations.
1007.74 [Reserved]
1007.75 Plant location adjustments for producer milk and nonpool milk.
1007.76 Payments by a handler operating a partially regulated
distributing plant.
1007.77 Adjustment of accounts.
1007.78 Charges on overdue accounts.
Marketwide Service Payments
1007.80 Transportation credit balancing fund.
1007.81 Payments to the transportation credit balancing fund.
1007.82 Payments from the transportation credit balancing fund.
Administrative Assessment and Marketing Service Deduction
1007.85 Assessment for order administration.
1007.86 Deduction for marketing services.
Authority: 7 U.S.C. 601-674, and 7253.
Source: 64 FR 47971, Sept. 1, 1999, unless otherwise noted.
Subpart--Order Regulating Handling
General Provisions
Sec. 1007.1 General provisions.
The terms, definitions, and provisions in part 1000 of this chapter
apply to this part 1007. In this part 1007, all references to sections
in part 1000 refer to part 1000 of this chapter.
Definitions
Sec. 1007.2 Southeast marketing area.
The marketing area means all territory within the bounds of the
following states and political subdivisions, including all piers, docks
and wharves connected therewith and all craft moored thereat, and all
territory occupied by government (municipal, State or Federal)
reservations, installations, institutions, or other similar
establishments if any part thereof is within any of the listed states or
political subdivisions:
Alabama, Arkansas, Louisiana, and Mississippi
All of the States of Alabama, Arkansas, Louisiana, and Mississippi.
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Florida Counties
Escambia, Okaloosa, Santa Rosa, and Walton.
Georgia Counties
All of the State of Georgia except for the counties of Catoosa,
Chattooga, Dade, Fannin, Murray, Walker, and Whitfield.
Kentucky Counties
Allen, Ballard, Barren, Caldwell, Calloway, Carlisle, Christian,
Crittenden, Fulton, Graves, Hickman, Livingston, Logan, Lyon,
Marshall,McCracken, Metcalfe, Monroe, Simpson, Todd, Trigg, and Warren.
Missouri Counties
Barry, Barton, Bollinger, Butler, Cape Girardeau, Carter, Cedar,
Christian, Crawford, Dade, Dallas, Dent, Douglas, Dunklin, Greene,
Howell, Iron, Jasper, Laclede, Lawrence, Madison, McDonald, Mississippi,
New Madrid, Newton, Oregon, Ozark, Pemiscot, Perry, Polk, Reynolds,
Ripley, Scott, Shannon, St. Francois, Stoddard, Stone, Taney, Texas,
Vernon, Washington, Wayne, Webster, and Wright.
Tennessee Counties
All of the State of Tennessee except for the counties of Anderson,
Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Cumberland,
Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, Jefferson,
Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, Polk,
Rhea, Roane, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union, and
Washington.
Sec. 1007.3 Route disposition.
See Sec. 1000.3.
Sec. 1007.4 Plant.
See Sec. 1000.4.
Sec. 1007.5 Distributing plant.
See Sec. 1000.5.
Sec. 1007.6 Supply plant.
See Sec. 1000.6.
Sec. 1007.7 Pool plant.
Pool plant means a plant specified in paragraphs (a) through (d) of
this section, or a unit of plants as specified in paragraph (e) of this
section, but excluding a plant specified in paragraph (g) of this
section. The pooling standards described in paragraphs (c) and (d) of
this section are subject to modification pursuant to paragraph (f) of
this section:
(a) A distributing plant, other than a plant qualified as a pool
plant pursuant to paragraph (b) of this section or Sec. ______.7(b) of
any other Federal milk order, from which during the month 50 percent or
more of the fluid milk products physically received at such plant
(excluding concentrated milk received from another plant by agreement
for other than Class I use) are disposed of as route disposition or are
transferred in the form of packaged fluid milk products to other
distributing plants. At least 25 percent of such route disposition and
transfers must be to outlets in the marketing area.
(b) Any distributing plant located in the marketing area which
during the month processed at least 50 percent of the total quantity of
fluid milk products physically received at the plant (excluding
concentrated milk received from another plant by agreement for other
than Class I use) into ultra-pasteurized or aseptically-processed fluid
milk products.
(c) A supply plant from which 50 percent or more of the total
quantity of milk that is physically received during the month from dairy
farmers and handlers described in Sec. 1000.9(c), including milk that is
diverted fpercentage.
(d) A plant located within the marketing area that is operated by a
cooperative association if pool plant status under this paragraph is
requested for such plant by the cooperative association and during the
month at least 60 percent of the producer milk of members of such
cooperative association is delivered directly from farms to pool
distributing plants or is transferred to such plants as a fluid milk
product (excluding concentrated milk transferred to a distributing plant
for an agreed-upon use other than Class I) from the cooperative's plant.
(e) Two or more plants operated by the same handler and located
within the marketing area may qualify for pool status as a unit by
meeting the total and in-area route disposition requirements specified
in paragraph (a) of this section and the following additional
requirements:
(1) At least one of the plants in the unit must qualify as a pool
plant pursuant to paragraph (a) of this section;
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(2) Other plants in the unit must process only Class I or Class II
products and must be located in a pricing zone providing the same or a
lower Class I price than the price applicable at the distributing plant
included in the unit pursuant to paragraph (e)(1) of this section; and
(3) A written request to form a unit, or to add or remove plants
from a unit, must be filed with the market administrator prior to the
first day of the month for which it is to be effective.
(f) The applicable shipping percentages of paragraphs (c) and (d) of
this section may be increased or decreased by the market administrator
if the market administrator finds that such adjustment is necessary to
encourage needed shipments or to prevent uneconomic shipments. Before
making such a finding, the market administrator shall investigate the
need for adjustment either on the market administrator's own initiative
or at the request of interested parties if the request is made in
writing at least 15 days prior to the date for which the requested
revision is desired effective. If the investigation shows that an
adjustment of the shipping percentages might be appropriate, the market
administrator shall issue a notice stating that an adjustment is being
considered and invite data, views and arguments. Any decision to revise
an applicable shipping percentage must be issued in writing at least one
day before the effective date.
(g) The term pool plant shall not apply to the following plants:
(1) A producer-handler plant;
(2) An exempt plant as defined in Sec. thnsp;1000.8(e);
(3) A plant qualified pursuant to paragraph (a) of this section
which is not located within any Federal order marketing area, meets the
pooling requirements of another Federal order, and has had greater route
disposition in such other Federal order marketing area for 3 consecutive
months;
(4) A plant qualified pursuant to paragraph (a) of this section
which is located in another Federal order marketing area, meets the
pooling standards of the other Federal order, and has not had a majority
of its route disposition in this marketing area for 3 consecutive months
or is locked into pool status under such other Federal order without
regard to its route disposition in any other Federal order marketing
area; and
(5) A plant qualified pursuant to paragraph (c) of this section
which also meets the pooling requirements of another Federal order and
from which greater qualifying shipments are made to plants regulated
under such other order than are made to plants regulated under the order
in this part, or such plant has automatic pooling status under such
other order.
Sec. 1007.8 Nonpool plant.
See Sec. 1000.8.
Sec. 1007.9 Handler.
See Sec. 1000.9.
Sec. 1007.10 Producer-handler.
Producer-handler means a person who:
(a) Operates a dairy farm and a distributing plant from which there
is monthly route disposition in the marketing area;
(b) Receives no fluid milk products, and acquires no fluid milk
products for route disposition, from sources other than own farm
production;
(c) Disposes of no other source milk as Class I milk except by
increasing the nonfat milk solids content of the fluid milk products
received from own farm production; and
(d) Provides proof satisfactory to the market administrator that the
care and management of the dairy animals and other resources necessary
to produce all Class I milk handled, and the processing and packaging
operations, are the producer-handler's own enterprise and are operated
at the producer-handler's own risk.
Sec. 1007.11 [Reserved]
Sec. 1007.12 Producer.
(a) Except as provided in paragraph (b) of this section, producer
means any person who produces milk approved by a duly constituted
regulatory agency for fluid consumption as Grade A milk and whose milk
(or components of milk) is:
(1) Received at a pool plant directly from the producer or diverted
by the
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plant operator in accordance with Sec. 1007.13; or
(2) Received by a handler described in Sec. 1000.9(c).
(b) Producer shall not include:
(1) A producer-handler as defined in any Federal order;
(2) A dairy farmer whose milk is received at an exempt plant,
excluding producer milk diverted to the exempt plant pursuant to
Sec. 1007.13(d);
(3) A dairy farmer whose milk is received by diversion at a pool
plant from a handler regulated under another Federal order if the other
Federal order designates the dairy farmer as a producer under that order
and that milk is allocated by request to a utilization other than Class
I; and
(4) A dairy farmer whose milk is reported as diverted to a plant
fully regulated under another Federal order with respect to that portion
of the milk so diverted that is assigned to Class I under the provisions
of such other order.
Sec. 1007.13 Producer milk.
Producer milk means the skim milk (or the skim equivalent of
components of skim milk) and butterfat contained in milk of a producer
that is:
(a) Received by the operator of a pool plant directly from a
producer or a handler described in Sec. 1000.9(c). All milk received
pursuant to this paragraph shall be priced at the location of the plant
where it is first physically received;
(b) Received by a handler described in Sec. 1000.9(c) in excess of
the quantity delivered to pool plants;
(c) Diverted by a pool plant operator to another pool plant. Milk so
diverted shall be priced at the location of the plant to which diverted;
or
(d) Diverted by the operator of a pool plant or a handler described
in Sec. 1000.9(c) to a nonpool plant, subject to the following
conditions:
(1) In any month of January through June, not less than 4 days'
production of the producer whose milk is diverted is physically received
at a pool plant during the month;
(2) In any month of July through December, not less than 10 days'
production of the producer whose milk is diverted is physically received
at a pool plant during the month;
(3) The total quantity of milk so diverted during the month by a
cooperative association shall not exceed 33 percent during the months of
July through December, and 50 percent during the months of January
through June, of the producer milk that the cooperative association
caused to be delivered to, and physically received at, pool plants
during the month;
(4) The operator of a pool plant that is not a cooperative
association may divert any milk that is not under the control of a
cooperative association that diverts milk during the month pursuant to
paragraph (d) of this section. The total quantity of milk so diverted
during the month shall not exceed 33 percent during the months of July
through December, or 50 percent during the months of January through
June, of the producer milk physically received at such plant (or such
unit of plants in the case of plants that pool as a unit pursuant to
Sec. 1007.7(e)) during the month, excluding the quantity of producer
milk received from a handler described in Sec. 1000.9(c);
(5) Any milk diverted in excess of the limits prescribed in
paragraphs (d)(3) and (4) of this section shall not be producer milk. If
the diverting handler or cooperative association fails to designate the
dairy farmers' deliveries that will not be producer milk, no milk
diverted by the handler or cooperative association shall be producer
milk;
(6) Diverted milk shall be priced at the location of the plant to
which diverted; and
(7) The delivery day requirements and the diversion percentages in
paragraphs (d)(1) through (4) of this section may be increased or
decreased by the market administrator if the market administrator finds
that such revision is necessary to assure orderly marketing and
efficient handling of milk in the marketing area. Before making such a
finding, the market administrator shall investigate the need for the
revision either on the market administrator's own initiative or at the
request of interested persons. If the investigation shows that a
revision might be appropriate, the market administrator shall issue a
notice stating
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that the revision is being considered and inviting written data, views,
and arguments. Any decision to revise an applicable percentage must be
issued in writing at least one day before the effective date.
Sec. 1007.14 Other source milk.
See Sec. 1000.14.
Sec. 1007.15 Fluid milk product.
See Sec. 1000.15.
Sec. 1007.16 Fluid cream product.
See Sec. 1000.16.
Sec. 1007.17 [Reserved]
Sec. 1007.18 Cooperative association.
See Sec. 1000.18.
Sec. 1007.19 Commercial food processing establishment.
See Sec. 1000.19.
Handler Reports
Sec. 1007.30 Reports of receipts and utilization.
Each handler shall report monthly so that the market administrator's
office receives the report on or before the 7th day after the end of the
month, in the detail and on prescribed forms, as follows:
(a) With respect to each of its pool plants, the quantities of skim
milk and butterfat contained in or represented by:
(1) Receipts of producer milk, including producer milk diverted by
the reporting handler, from sources other than handlers described in
Sec. 1000.9(c);
(2) Receipts of milk from handlers described in Sec. 1000.9(c);
(3) Receipts of fluid milk products and bulk fluid cream products
from other pool plants;
(4) Receipts of other source milk;
(5) Receipts of bulk milk from a plant regulated under another
Federal order, except Federal Order 1005, for which a transportation
credit is requested pursuant to Sec. 1007.82;
(6) Receipts of producer milk described in Sec. 1007.82(c)(2),
including the identity of the individual producers whose milk is
eligible for the transportation credit pursuant to that paragraph and
the date that such milk was received;
(7) For handlers submitting transportation credit requests,
transfers of bulk milk to nonpool plants, including the dates that such
milk was transferred;
(8) Inventories at the beginning and end of the month of fluid milk
products and bulk fluid cream products; and
(9) The utilization or disposition of all milk and milk products
required to be reported pursuant to this paragraph.
(b) Each handler operating a partially regulated distributing plant
shall report with respect to such plant in the same manner as prescribed
for reports required by paragraphs (a)(1), (a)(2), (a)(3), (a)(4), and
(a)(8) of this section. Receipts of milk that would have been producer
milk if the plant had been fully regulated shall be reported in lieu of
producer milk. The report shall show also the quantity of any
reconstituted skim milk in route disposition in the marketing area.
(c) Each handler described in Sec. 1000.9(c) shall report:
(1) The quantities of all skim milk and butterfat contained in
receipts of milk from producers;
(2) The utilization or disposition of all such receipts; and
(3) With respect to milk for which a cooperative association is
requesting a transportation credit pursuant to Sec. 1007.82, all of the
information required in paragraphs (a)(5), (a)(6), and (a)(7) of this
section.
(d) Each handler not specified in paragraphs (a) through (c) of this
section shall report with respect to its receipts and utilization of
milk and milk products in such manner as the market administrator may
prescribe.
Sec. 1007.31 Payroll reports.
(a) On or before the 20th day after the end of each month, each
handler that operates a pool plant pursuant to Sec. 1007.7 and each
handler described in Sec. 1000.9(c) shall report to the market
administrator its producer payroll for the month, in detail prescribed
by the market administrator, showing for each producer the information
specified in Sec. 1007.73(e).
(b) Each handler operating a partially regulated distributing plant
who elects to make payment pursuant to
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Sec. 1000.76(b) shall report for each dairy farmer who would have been a
producer if the plant had been fully regulated in the same manner as
prescribed for reports required by paragraph (a) of this section.
Sec. 1007.32 Other reports.
(a) On or before the 20th day after the end of each month, each
handler described in Sec. 1000.9(a) and (c) shall report to the market
administrator any adjustments to transportation credit requests as
reported pursuant to Sec. 1007.30(a)(5), (6), and (7).
(b) In addition to the reports required pursuant to
Secs. thnsp;1007.30, 31, and 32(a), each handler shall report any
information the market administrator deems necessary to verify or
establish each handler's obligation under the order.
Classification of Milk
Sec. 1007.40 Classes of utilization.
See Sec. 1000.40.
Sec. 1007.41 [Reserved]
Sec. 1007.42 Classification of transfers and diversions.
See Sec. 1000.42.
Sec. 1007.43 General classification rules.
See Sec. 1000.43.
Sec. 1007.44 Classification of producer milk.
See Sec. 1000.44.
Sec. 1007.45 Market administrator's reports and announcements concerning classification.
See Sec. 1000.45.
Class Prices
Sec. 1007.50 Class prices, component prices, and advanced pricing factors.
See Sec. 1000.50.
Sec. 1007.51 Class I differential and price.
The Class I differential shall be the differential established for
Fulton County, Georgia, which is reported in Sec. 1000.52. The Class I
price shall be the price computed pursuant to Sec. 1000.50(a) for Fulton
County, Georgia.
Sec. 1007.52 Adjusted Class I differentials.
See Sec. 1000.52.
Sec. 1007.53 Announcement of class prices, component prices, and advanced pricing factors.
See Sec. 1000.53.