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and available for public inspection and eral hundred field offices, each field office copying.
having only the records it has generated. (b) Material which is purely informational Requests for such material will be filled in nature and is issued by the Consumer either by copying the records in each field and Marketing Service as a public service office and consolidating the material at the or to provide information about Consumer headquarters office or by asking each field and Marketing Service programs will be office to copy the records and furnish them made available free. Such material includes
directly, whichever method appears most market news releases, plentiful foods bul
expeditious to the headquarters Division letins, and pamphlets or leaflets explaining involved. In such cases, the fee for searchC&MS programs.
ing and copying will be collected at the $ 900.502 Staff manuals and instruc
headquarters office. The above does not pretions.
clude persons from requesting such material
in person, or in writing, directly from a field The Consumer and Marketing Service will
office, if it has been customary to obtain the make available for public inspection and information in this manner and the request copying its administrative staff manuals and
is made during the local working hours of the instructions to staff affecting any member of office involved. the public except those manuals and instruc
[32 F.R. 9610, July 4, 1967, as amended at 32 tions exempt from disclosure pursuant to
F.R. 12992, Sept. 13, 1967) the provisions of 5 U.S.C. 552(b). $ 900.503 Index.
$ 900.511 Delegation of authority. The headquarters office of each Division of Subject to $ 900.515, the Director of the the Consumer and Marketing Service will Division responsible for the records is aumaintain and make available for public in- thorized to act, on behalf of the Consumer spection and copying a current index pro- and Marketing Service, on all such requests viding identifying information for the public in accordance with 5 U.S.C. 552, as impleas to staff manuals, and instructions and mented by this subpart. other matters issued, adopted, or promulgated with respect to programs for which it
$ 900.512 Available records. has responsibility, and which are required to The Consumer and Marketing Service will be made available pursuant to 5 U.S.C.
promptly make available all Consumer and 522(a) (2).
Marketing Service records requested in ac
cordance with $ 900.510 except exempt rec$ 900.504 Facilities for inspection;
ords as described in $ 900.513. copies. No central facilities for public inspection
$ 900.513 Exempt records. and copying of materials will be provided.
Exempt records of the Consumer and MarCopies of materials listed in the index of a
keting Service include but are not limited to Division of the Consumer and Marketing
the following: Service may be inspected and copied at the
(a) Matters specifically required by Execheadquarters office. Copies of such materials
utive order to be kept secret. may also be obtained in person or by mail,
(b) Matters related solely to the internal when requested in writing, and upon pay
personnel rules and practices of the Conment of applicable fees prescribed by the
sumer and Marketing Service. Among such Office of Plant and Operations, U.S. Depart
records are warehouse examiners' handbooks ment of Agriculture.
and other handbooks describing records of DISCLOSURE OF IDENTIFIABLE RECORDS
tolerances applied in laboratory examina
tion of products and in testing for various $ 900.510 Requests.
purposes. (a) Requests for records of the Consumer
(c) Matters specifically exempted from and Marketing Service, pursuant to 5 U.S.C.
disclosure by statute. 522(a) (3), shall be made in writing to the
(d) Matters that are trade secrets and Director of the Division responsible for the
commercial or financial information obprogram (32 F.R. 11741, Aug. 15, 1967), Con
tained from any person and privileged or sumer and Marketing Service, U.S. Depart
confidential. Among records of the Conment of Agriculture, Washington, D.C. 20250.
sumer and Marketing Service in this cateEach record sought must be identified with
gory are blueprints and similar records rereasonable specifcity. The Consumer and
vealing individual physical or operating Marketing Service is under no obligation to
characteristics of meat or poultry slaughterproduce records for examination which can
ing or other food processing plants; data connot be reasonably identified nor is it obli
cerning product formulations, packaging, gated to create records to specification in
manufacture, and response to a request. Requests may be sub
chemical additives, provided by industry in mitted in person or by mail. If in person,
connection with the Department's registrarequests shall be submitted between 9 a.m.
tion, inspection, grading, and other regulaand 5:30 p.m., Monday through Friday, ex- tory and service functions; information furcept holidays.
nished voluntarily by persons relating to (b) Certain records of the Consumer and their farm or business operations for use in Marketing Service are scattered among sev
making statistical analyses as a foundation
for official estimates and reports, for use in developing inspection or other required staffing, financial or program plans, or for official purposes; inspection, grading, and clasșing certificates or reports and worksheets and other background material, including condemnation reports, plant sanitation records and reports and laboratory test results; fee bills and other documents relating to inspection, grading and classing work which would indicate quantity, quality, or other characteristics of an individual business, plant, or operation; information and reports obtained from individual dealers, manufacturers, associations, or others covering quantities of commodities processed, condemned, purchased, or sold during prescribed periods, or on hand at particular times, or the prices paid or received therefor; producers' referendum or other ballots filed pursuant to law, and other records developed for the conduct and final execution of referenda or the determination of producer approval, such as producer lists, handler lists, plant receipts, and utilization in the representative period, and similar records relating to marketing order referenda; information furnished pursuant to marketing agreements and orders; financial information and examination reports relating to licensees and applicants for licenses under the U.S. Warehouse Act; laboratory reports, such as pathological residue, and bacteriological, involving individual food processing plants or establishments; data concerning individual reviews of nonfederally inspected plants using or requesting Federal Meat Grading Service; results of analyses of samples of meat and poultry products produced under State or local inspection systems, for example, specie determination and residues of pesticides.
(e) Interagency or intra-agency memorandums or letters which would not be available by law to a party other than the agency in litigation with the Department. This includes, but is not limited to, communications with States concerning matching fund programs, minutes of Matching Fund Program Advisory Committee meetings, the Department Matching Fund Marketing Service Committee, and the Consumer and Marketing Service Matching Fund Working Group; State matching fund audit reports by the Office of the Inspector General, field reviews covering visits of matching fund personnel to States for the purpose of reviewing matching fund activities; documents discussing or recommending the formulation of the Departmental position in freight rate matters, and action notices to the Transportation Rates Review Group and minutes of Group meetings; information relating to policy determinations, the advance disclosure of which would give an undue advantage to some or disadvantage to others or would improperly affect a pending action; analyses and data being prepared for release prior to actual release; reports and correspondence relating to evaluations of foreign meat in
spection systems; and those intra- and interagency communications applicable to the formulation of a Consumer and Marketing Service order, instruction, regulation, decision.
(f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. This includes, but is not limited to, individual personnel and medical files and related records, including such record material on licensed persons; mailing lists in connection with registration or other regulatory or service functions or for dissemination of market news or other publications.
(8) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than the agency. This includes, but is not limited to, charges, complaints and other processes in connection with and prior to being filed in administrative or judicial proceedings; Office of Inspector General reports of investigation and all related correspondence; reports and related correspondence of the Compliance and Evaluation Staff of the Consumer and Marketing Service; and all other investigative, inspection, and accounting reports and supporting data assembled by the Consumer and Marketing Service and pertaining to compliance with laws or regulations. $ 900.514 Determinations.
The appropriate Division Director shall make promptly available any Consumer and Marketing Service record requested in accordance with $ 900.510, unless he determines that the record is exempt under the provisions of $ 900.513. If he determines that the requested record should be withheld from public inspection, he shall give prompt written notice of any such determination together with the reasons therefor. $ 900.515 Appeals.
A denial by a Division Director of any request for a Consumer and Marketing Service record or records for which that Director is responsible may be appealed by the person who made the request to the Administrator, Consumer and Marketing Service. The appeal shall be made in writing within 15 days of the date of the Director's notice of his action. The administrator will give written notice of Consumer and Marketing Service's final determination. $ 900.516 Inspection and copies.
A person who has requested available records shall be promptly notified that, upon payment of applicable fees, he may inspect and copy such records (or copies), and purchase copies or extracts thereof, in the office of the Director of the Division responsible for the records, on business days from 9 a.m. to 5:30 p.m. Copies of such records may also be purchased by mail. The applicable fees are prescribed by the Office of Plant and Operations, U.S. Department of Agriculture.
7 CFR, Part 1000, the general provisions with respect to milk marketing orders, are set forth for convenience of users of this volume.
PART 1000—GENERAL PROVISIONS § 1000.3 Market administrator.
ministration of the order shall be a market ORDERS
administrator selected by the Secretary and Sec.
subject to removal at the Secretary's discre1000.1 Scope and purpose of Part 1000.
tion. The market administrator shall be en1000.2 Definitions.
titled to compensation determined by the 1000.3 Market administrator.
Secretary 1000.4 Continuity and separability of pro- (b) Powers. The market administrator visions.
shall have the following powers with respect 1000.5 Handler responsibility for records to each order under his administration: and facilities.
(1) Administer the order in accordance 1000.6 Termination of obligations.
with its terms and provisions; AUTHORITY: The provisions of this part
(2) Make rules and regulations to effectu1000 issued under secs. 1-19, 48 Stat. 31, as
ate the terms and provisions of the order; amended; 7 U.S.C. 601-674.
(3) Receive, investigate, and report com
plaints of violations to the Secretary; and SOURCE: The provisions of this part 1000 (4) Recommend amendments to the appear at 36 F.R. 9845, May 29, 1971, unless Secretary. otherwise noted.
(c) Duties. The market administrator shall $ 1000.1 Scope and purpose of Part
perform all the duties necessary to admin1000.
ister the terms and provisions of each order
under his administration, including, but not This part sets forth certain terms, defini- limited to, the following: tions, and provisions which shall be common (1) Execute and deliver to the Secretary a to and part of each Federal milk marketing bond covering himself and a bond covering order except as specifically defined otherwise, any person designated by the Secretary to or modified, or otherwise provided, in an
act in his stead. The respective bond shall be: individual order.
(i) Delivered within 45 days after he (or
the acting market administrator) enters § 1000.2 Definitions.
upon his duties; The following terms shall have the follow
(ii) Effective as of the date he (or the ing meanings as used in the order:
acting market administrator) enters upon (a) Act. "Act" means Public Act No. 10,
his duties; 73d Congress, as amended and as reenacted
(iii) Conditioned upon the faithful per
formance of the market administrator's and amended by the Agricultural Marketing duties; and Agreement Act of 1937, as amended (7 U.S.C. (iv) In an amount and with surety thereon
satisfactory to the Secretary; (b) Order. "Order” means the applicable (2) Employ and fix the compensation of part of Title 7 of the Code of Federal Regula
persons necessary to enable him to exercise tions issued pursuant to section 8c of the
his powers and perform his duties; Act as a Federal milk marketing order (as
(3) Pay out of funds provided by the adamended).
ministrative assessment, except expenses as(c) Department. “Department" means the
sociated with functions for which the order U.S. Department of Agriculture.
provides a separate charge, all expenses nec
essarily incurred in the maintenance and (d) Secretary. "Secretary" means the Secretary of Agriculture of the United States or
functioning of his office and in the perform
ance of his duties, including his own bond any officer or employee of the Department to and compensation and the necessary bonds whom authority has heretofore been dele- of his employees; gated, or to whom authority may hereafter (4) Keep records which will clearly reflect be delegated to act in his stead.
the transactions provided for in the order, (e) Person. “Person” means any individual,
reice tor son cor, 2pays his ten ce's
601 et seq.).
cecpon Dect ourffice ible 2.m. also fees
and upon request by the Secretary, surrender partnership, corporation, association, or the records to his successor or such other other business unit.
person as the Secretary may designate;
(5) Furnish information and reports requested by the Secretary and submit his records to examination by the Secretary;
(6) Announce publicly at his discretion, unless otherwise directed by the Secretary, by such means as he deems appropriate, the name of any handler who, after the date upon which he is required to perform such act, has not:
(1) Made reports required by the order;
(ii) Made payments required by the order; or
(iii) Made available records and facilities as required pursuant to § 1000.5;
(7) 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.
(8) 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
(9) 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. f 1000.4 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 terniinated.
(b) Suspension or termination. The Secretary shall suspend or terminate any or all of the provisions of the order whenever he 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 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. f 1000.5 Handler responsibility for rec
ords and facilities. Each handler shall maintain and retain records of his operations and make such records and his 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 not be considered accounted for or established as used in a class other than the highest priced class.
(a) Records to be maintained. (1) Each handler shall maintain records of his 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:
(1) 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;
(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 the name of such producer (s) or such coopand cooperative associations, including the erative association, or if the obligation is amount and nature of any deductions and payable to the market administrator, the acthe disbursement of money so deducted.
count for which it is to be paid; (2) Each handler shall keep such other (b) If a handler fails or refuses, with respecific records as the market administrator spect to any obligation under the order, to deems necessary to verify or establish such make available to the market administrator handler's obligation under the order.
all records required by the order to be made (b) Availability of records and facilities. available, the market administrator may noEach handler shall make available all records tify the handler in writing, within the 2-year pertaining to such handler's operations and period provided for in paragraph (a) of this all facilities the market administrator finds section, of such failure or refusal. If the marare necessary for such market administrator ket administrator so notifies a handler, the to verify the information required to be re- said 2-year period with respect to such obliported by the order and/or to ascertain such gation shall not begin to run until the first handler's reporting, monetary or other ob- day of the month following the month during ligation under the order. Each handler shall which all such records pertaining to such permit the market administrator to weigh,
obligation are made available to the market sample, and test milk and milk products and
administrator; observe plant operations and equipment and
(c) Notwithstanding the provisions of make available to the market administrator paragraphs (a) and (b) of this section, a such facilities as are necessary to carry out
handler's obligation under the order to pay his duties.
money shall not be terminated with respect (c) Retention of records. All records re- to any transaction involving fraud or willful quired under the order to be made available concealment of a fact, material to the obligato the market administrator shall be retained tion, on the part of the handler against whom by the handler for a period of 3 years to begin the obligation is sought to be imposed; and at the end of the month to which such rec- (d) Unless the handler files a petition purords pertain. If, within such 3-year period, suant to section 8C(15) (A) of the Act and the market administrator notifies the handler the applicable rules and regulations (7 CFR in writing that the retention of such records, 900.50 et seq.) within the applicable 2-year or of specified records, is necessary in con- period indicated below, the obligation of the nection with a proceeding under section 8c
market administrator: (15)(A) of the Act or a court action specified (1) To pay a handler any money which in such notice, the handler shall retain such such handler claims to be due him under the records, or specified records, until further terms of the order shall terminate 2 years written notification from the market admin- after the end of the month during which the istrator. The market administrator shall give
skim milk and butterfat involved in the claim further written notification to the handler were received; or promptly upon the termination of the litiga- (2) To refund any payment made by a tion or when the records are no longer neces- handler (including a deduction or offset by sary in connection therewith.
the market administrator) shall terminate § 1000.6 Termination of obligations.
2 years after the end of the month during
which payment was made by the handler. The provisions of this section shall apply to any obligation under the order for the payment of money:
PART 1060 MILK IN MINNESOTA(a) Except as provided in paragraphs (b) NORTH DAKOTA MARKETING AREA and (c) of this section, the obligation of any handler to pay money required to be paid
GENERAL PROVISIONS AND DEFINITIONS under the terms of the order shall terminate
Sec. 2 years after the last day of the month dur
1060.1 General provisions. ing which the market administrator receives 1060.2 Minnesota-North Dakota marketthe handler's report of receipts and utiliza
Chicago butter price.
DEFINITION OF PERSONS
DEFINITIONS OF MILK AND MI. PRODUCTS ticn is based; and
1060.15 Producer milk. (3) If the obligation is payable to one or
1060.16 Diverted milk. more producers or to a cooperative associa
1060.17 Other source milk. tion (except an obligation to be prorated to
1060.18 Fluid milk produot. producers under an individual handler pool),
1060.19 Filled milk,