(1) Multiply by the Class I price the hundredweight of Class I milk computed pursuant to § 920.3 (d);

(2) Multiply by the Class II price the hundredweight of Class II milk computed pursuant to § 920.3 (d);

(3) Multiply by the Class III price the hundredweight of Class III milk computed pursuant to § 920.3 (d);

(4) Multiply by the Class IV price the hundredweight of Class IV milk computed pursuant to § 920.3 (d);

(5) Combine into one total the hundredweight of milk in each class computed pursuant to § 920.3 (d); and

(6) Combine into one total the values of the milk computed pursuant to subparagraphs (1), (2), (3), and (4) of this paragraph: Provided, That if milk, including skimmed milk, is disposed of by a handler to another handler, and if such selling handler has not filed reports pursuant to § 920.5 (a) and made the payments required by § 920.8, the market administrator, in computing the value of milk for the receiving handler, shall multiply the quantity of 3.8 percent butterfat content equivalent of milk reported by the receiving handler as received from such selling handler and classified as Class I milk, by the difference between the Class I and Class IV prices, and add the resulting sum to the value of milk otherwise computed pursuant to this paragraph.

(b) Computation and announcement of uniform prices. (1) The market administrator shall compute for each handler the uniform price per hundredweight of milk received by such handler during each delivery period, except the delivery periods of June, July, August, and September, as follows:

(1) Subtract from the total value of milk computed for such handler pursuant to paragraph (a) of this section, for all milk received from a producer who did not regularly sell or distribute milk in the marketing area during a period of 30 days next preceding November 13, 1937, an amount computed by multiplying by the Class IV price the hundredweight of milk received from such producer. Such computation shall be made for all milk received from each such producer during the period beginning with his first regular delivery of

milk and continuing until the end of two full calendar months following the date of such first delivery of milk;

(ii) If the hundredweight of milk computed pursuant to subparagraph (5) of paragraph (a) of this section is less than the hundredweight of milk received from producers, add an amount computed by multiplying such difference by an amount equal to 3.8 multiplied by the butterfat differential set forth in § 920.8 (c);

(iii) If the hundredweight of milk computed pursuant to subparagraph (5) of paragraph (a) of this section is greater than the hundredweight of milk received from producers, subtract an amount computed by multiplying such difference by an amount equal to 3.8 multiplied by the butterfat differential set forth in § 920.8 (c);

(iv) If the Class I milk and the Class II milk of such handler is greater than the base milk received by him from producers, subtract a sum equal to the base milk times the Class I price;

(v) If the Class I milk and the Class II milk of such handler is less than the base milk received by him from producers, subtract a sum equal to the excess milk times the Class IV price; and

(vi) Divide the remaining sum of money by the excess milk if subdivision (iv) of this subparagraph be true, or by the base milk if subdivision (v) of this subparagraph be true, to secure the blended price for excess milk or for base milk, as the case may be.

(2) The market administrator shall compute for each handler the uniform price per hundredweight of milk received by such handler during each June, July, August, and September delivery period, as follows:

(1) Subtract from the total value of milk computed for such handler pursuant to paragraph (a) of this section, for all milk received from a producer who did not regularly sell or distribute milk in the marketing area during a period of 30 days next preceding November 13, 1937, an amount computed by multiplying by the Class IV price the hundredweight of milk received from such producer. Such computation shall be made for all milk received from each such producer during the period beginning with his first regular delivery of milk and

continuing until the end of two full calendar months following the date of such first delivery of milk;

(ii) If the hundredweight of milk computed pursuant to subparagraph (5) of paragraph (a) of this section is less than the hundredweight of milk received from producers, add an amount computed by multiplying such difference by an amount equal to 3.8 multiplied by the butterfat differential set forth in § 920.8 (c);

(iii) If the hundredweight of milk computed pursuant to subparagraph (5) of paragraph (a) of this section is greater than the hundredweight of milk received from producers, subtract an amount computed by multiplying such difference by an amount equal to 3.8 multiplied by the butterfat differential set forth in § 920.8 (c); and

(iv) Divide by the total quantity of milk received from producers by such handler other than the milk represented by the amount subtracted pursuant to subdivision (i) of this subparagraph.

(3) On or before the 10th day after the end of each delivery period the market administrator shall notify each handler and shall make public announcement of the uniform price computed for such handler pursuant to this section, of the Class IV price, and of the butterfat differential determined pursuant to § 920.8 (c).

(c) Base rating. During each delivery period, except the delivery periods of June, July, August, and September, the base of each producer shall be a quantity of milk to be calculated by the market administrator in the following manner: Multiply the rating, if any, effective pursuant to paragraph (d) of this section, by the number of days on which milk was received from such producer during such delivery period. Milk received from a producer not in excess of his base shall be designated as "base milk" and that received in excess of his base shall be designated as "excess milk."

(d) Determination for base rating. For the purpose of calculating, pursuant to paragraph (c) of this section, the bases of producers, the market administrator shall determine a rating, with respect to milk received in bulk from each producer by handlers, as follows:

(1) Effective for the remainder of the calendar year 1937 the rating of each producer shall be the daily base, if any, of each such producer which is on file July 15, 1937, with the administrator of the order for the marketing area, issued by the Milk Control Board of the State of Indiana;

(2) Effective for each of the first three delivery periods following November 13, 1937, during which milk is received from any producer for whom the reports of handlers do not supply information necessary for a determination of a rating pursuant to subparagraphs (1), (3), and (4) of this paragraph, the rating of each such producer shall be that proportion of milk received from him which is the proportion of the aggregate daily base milk to the aggregate daily delivery of milk of all other producers; effective for the remainder of the then current calendar year the rating of each such producer shall be the average of his ratings for each of such first three delivery periods: Provided, That ratings under this subparagraph shall not be effective for any producer during the period when handlers are required to make payment to any such producer pursuant to § 920.8 (a) (1) (1);

(3) Effective for each year subsequent to October 1, 1938, divide the total receipts in bulk by handlers during the four months of the preceding year when receipts were lowest, by the number of days on which milk was received and take such a percentage of the result as will make the total of all figures so determined approximately equal to 115 percent of the average Class I milk, Class II milk, and Class III milk per day disposed of during October, November, December, January, February, March, April, and May of the preceding year by all handlers by whom such milk was received; and

(4) At the beginning of each calendar quarter the figure computed pursuant to this paragraph for each producer from whom a handler receives milk shall be adjusted by that percentage which will make the sum of all such figures equal to 115 percent of the Class I, Class II, and Class III milk of all handlers during the calendar quarter immediately preceding. (5) Base rules. The following rules shall be observed by the market admin

istrator with respect to the allotment and administration of bases.

(i) A producer, whether landlord or tenant may retain his base when moving his entire herd from one farm to another farm.

(ii) A landlord who rents on shares shall be entitled to the entire base to the exclusion of the tenant, if the landlord owns the entire herd, and the tenant shall be entitled to the entire base to the exclusion of the landlord, if the tenant owns the entire herd: Provided, That a base allotted under a tenant and landlord relationship shall be a joint base and may be divided between the joint holders only if such relationship is terminated: And provided further, That if such tenant-landlord relationship is terminated, the base shall be divided between the tenant and the landlord according to their respective ownership of the cattle as may be shown to the market administrator.

(iii) In the event a producer, who distributes his own production of milk, ceases such distribution and begins the regular delivery of his milk to a handler, the market administrator shall compute for such producer a base which shall be equal to the average daily Class I, Class II, and Class III milk of such producer, as computed by the market administrator according to § 920.3 (c) and (d), for the three delivery periods next preceding the delivery period in which the producer begins the regular delivery of milk to a handler.

§ 920.8 Payments for milk-(a) Time and method of payment. (1) On or before the 15th day after the end of each delivery period, other than the delivery periods of June, July, August, and September, each handler shall make payment, subject to the butterfat differential set forth in paragraph (c) of this section, to producers from whom such milk was received, as follows: [As amended Dec. 2, 1941, effective Dec. 5, 1941; 6 F.R. 6167]

(i) To any such producer who did not regularly sell milk during a period of 30 days next preceding November 13, 1937, to a handler or to persons within the marketing area, or distribute milk in the marketing area, at the Class IV price for all the milk received from such pro

ducer during the period beginning with the first regular delivery of milk of such producer and continuing until the end of 2 full calendar months following the date of such first delivery of milk; and

(ii) To all other such producers, at the uniform prices per hundredweight for base milk and for excess milk computed for such handler pursuant to § 920.7 (b) (1).

(2) On or before the 15th day after the end of each June, July, August, and September delivery period, each handler shall make payment, subject to the butterfat differential set forth in paragraph (c) of this section, to producers from whom such milk was received, as follows: [As amended Dec. 2, 1941, effective Dec. 5, 1941; 6 F.R. 6167]

(i) To any such producer who did not regularly sell milk during a period of 30 days next preceding November 13, 1937, to a handler or to persons within the marketing area, or distribute milk in the marketing area, at the Class IV price for all the milk received from such producer during the period beginning with the first regular delivery of milk of such producer and continuing until the end of 2 full calendar months following the date of such first delivery of milk; and

(ii) To all other such producers, at the uniform price per hundredweight computed for such handler pursuant to § 920.7 (b) (2).

(b) Errors in payments. Errors made from whatever cause, in the payments prescribed in this section, shall be corrected not later than the date for making payments next following the determination of such errors.

(c) Butterfat differential. If any handler has received from any producer, during the delivery period, milk having an average butterfat content other than 3.8 percent, such handler, in making payments pursuant to paragraph (a) of this section, shall add to the prices per hundredweight for such producer, for each one-tenth of 1 percent of average butterfat content in milk above 3.8 percent, not less than, or shall deduct from such prices for such producer, for each onetenth of 1 percent of average butterfat content in milk below 3.8 percent, not more than, an amount as follows:

(1) If the average butter price used in § 920.4 (a) and (b) is 29 cents or less3 cents.

(2) If the average butter price used in § 920.4 (a) and (b) is 29.1 cents to 34 cents-3.5 cents.

(3) If the average butter price used in § 920.4 (a) and (b) is 34.1 cents to 39 cents-4 cents.

(4) If the average butter price used in § 920.4 (a) and (b) is over 39 cents4.5 cents. [As amended Dec. 2, 1941, effective Dec. 5, 1941; 6 F.R. 6167]

NOTE: 920.8 (a) (1) and (a) (2) was amended by deleting the words "with respect to milk received from outside the State of Indiana or received at the handler's plant outside the State of Indiana during such delivery period" after the words "each handler", Dec. 2, 1941, effective Dec. 5, 1941; 6 F.R. 6167.

§ 920.9 Marketing services-(a) Deductions for marketing services. Except as set forth in paragraph (b) of this section, each handler shall deduct an amount not exceeding 3 cents per hundredweight (the exact amount to be determined by the market administrator, subject to review by the Secretary) from the payments made to each producer pursuant to subparagraphs (1) and (2) of § 920.8 (a) with respect to all milk received by such handler during each delivery period from such producer, and shall pay such deductions to the market administrator on or before the 15th day after the end of such delivery period. Such moneys shall be expended by the market administrator, for market information to and for verification of weights, sampling, and testing of milk received from the said producers.

(b) Producers' cooperative associations. In the case of producers for whom a cooperative association, which the Secretary determines to be qualified under the provisions of the act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act (42 Stat. 388; 7 U.S.C. 291, 292) is actually performing, as determined by the Secretary, the services set forth in paragraph (a) of this section, each handler shall make the deductions from the payments to be made pursuant to subparagraphs (1) and (2) of § 920.8 (a) which are authorized by such producers and, on or before the 15th day after the end of each delivery period, pay over such de

ductions to the association of which such producers are members.

§ 920.10 Amendment, suspension, or termination of order, as amended-(a) Effective time. The provisions of this part, or any amendment hereto, shall become effective at such time as the Secretary may declare and shall continue in force until suspended or terminated pursuant to paragraph (b) of this section.

(b) Suspension or termination of order, as amended. The Secretary may suspend or terminate this part, as amended, or any provision hereof, whenever he finds that this part, as amended, or any provision hereof, obstructs, or does not tend to effectuate the declared policy of the act. This part, as amended, shall terminate, in any event, whenever the provisions of the act authorizing it cease to be in effect.

(c) Continuing power and duty of the market administrator. If, upon the suspension or termination of any or all provisions of this part, there are any obligations arising hereunder the final accrual or ascertainment of which requires further 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: Provided, That any such acts required to be performed by the market administrator shall, if the Secretary so directs, be performed by such other person, persons, or agency as the Secretary may designate.

The market administrator, or such other person as the Secretary may designate, shall (1) continue in such capacity until removed by the Secretary, (2) from time to time account for all receipts and disbursements and, when so directed by the Secretary, deliver all funds or property on hand together with the books and records of the market administrator, or such person, to such person as the Secretary may direct, and (3) if so directed by the Secretary, execute such assignments or other instruments necessary or appropriate to vest in such person full title to all funds, property, and sarily incurred by the market administrator or such person pursuant thereto.

(d) Liquidation after suspension or termination. Upon the suspension or

termination of any or all provisions of this part, the market administrator, or such person as the Secretary may designate, shall liquidate, if so directed by the Secretary, the business of the market administrator's office and dispose of all funds and property then in his possession or under his control, together with claims for any funds which are unpaid or owing at the time of such suspension or termination. Any funds collected pursuant to the provisions hereof, over and above the amounts necessary to meet outstanding obligations and the expenses necessarily incurred by the market administrator or such person in liquidating and distributing such funds, shall be distributed to the contributing handlers and producers in an equitable manner.

PART 922—MILK IN CINCINNATI,

OHIO, MARKETING AREA

NOTE: The following provisions of Part 922, as amended, were suspended effective Dec. 2, 1940, by Order, Jan. 9, 1941, effective Dec. 2, 1940; 6 F.R. 215: §§ 922.1 (a) (10), 922.1 (a) (11), 922.8 (a) (2), 922.8 (a) (5), 922.8 (c), 922.8 (d), the phrase "base and excess" appearing in § 922.3 (a) (3), the word "base" wherever it appears in § 922.6 and in § 922.8 (a) (1), the phrase "(a) (2) and" in § 922.6 (a) (2), the phrase "subject to the provisions of subparagraph (5) of this paragraph" in § 922.8 (a).

PART 927-MILK IN NEW YORK METROPOLITAN MARKETING AREA

NOTE: The former Part 927 was suspended effective 11:59 p. m., e. s. t., Feb. 28, 1941, by Order, Jan. 17, 1941; 6 F.R. 539. Suspension was terminated effective 11:59 p. m., e. s. t., Feb. 28, 1941, by Order, Feb. 26, 1941; 6 F.R. 1181.

For findings issued with the amendments of June 14, 1941 and Aug. 29, 1941, see 6 F.R. 2944 and 4507. For determinations of the Secretary of Agriculture, approved by the President of the United States, accompanying these amendments, see 6 F.R. 3160, 4979. § 927.1 Definitions.

(f) "Handler" means any person who engages in the handling of milk, or cream or milk products therefrom, which milk was received at a plant approved by any health authority for the receiving of milk to be sold in the marketing area, which handling is in the current of interstate commerce or directly bur

dens, obstructs, or affects interstate commerce. This definition shall be deemed to include a cooperative association of producers with respect to any milk received from producers at any plant approval for which is held by such association or with respect to any milk which it causes to be delivered from producers to any other handler for the account of such association and for which such association receives payment. [As amended June 14, 1941, effective July 1, 1941; 6 F.R. 2944, 3160]

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§ 927.3 Classification of milk-(a) Basis of classification. All milk received during any month from producers by handlers shall be classified in the classes set forth in paragraph (b) of this section in accordance with the form in which it is held at or moved from, within 8 days after the end of the month, the plant where received from producers, including members of any cooperative association, except that milk which is moved to some other plant outside the marketing area, or milk the butterfat from which is moved to some other plant outside the marketing area, may be classified at the first plant subject to the following conditions:

(1) If the other plant is approved for the sale of milk in the marketing area. and all products moved from or held at such plant would classify milk in classes to which diversion payments are applicable, the allocation of the several classes to the first plant may be at the option of the handler or handlers involved, but shall be pro rata in case of failure to exercise the option, or in case there is milk or product moved from or held at such plant which would classify milk in classes to which diversion payments are not applicable.

(2) If the other plant is not approved for the sale of milk in the marketing area, allocation of classes to the first plant shall, in the absence of proof of use in a specific class, be pro rata in accordance with the form in which all milk, all cream, or all of both, as the case may be, received during the month, at the other plant was held at or moved from such plant.

(3) In establishing the classification of any milk received at a plant from