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peen payable by the date it would have been due if the report had been filed when due. [36 F.R. 4779, Mar. 12, 1971]

Sec. 1062.81 Butterfat differentials to producers. 1062.82 Location differentials to producers

and on nonpool milk. 1062.83 Producer-settlement fund. 1062.84 Payments to the producer-settle

ment fund. 1062.85 Payments out of the producer

settlement fund. 1062.86 Adjustment of errors in payments. 1062.87 Marketing services. 1062.88 Expense of administration.

AUTHORITY: The provisions of this part 1062 issued under secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.

SOURCE: The provisions of this part 1062 appear at 33 F.R. 14625, Oct. 1, 1968, unless otherwise noted.

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OZARKS MARKETING AREA GENERAL PROVISIONS AND DEFINITIONS Sec. 1062.1 General provisions. 1062.5 Cooperative association. 1062.6 St. Louis-Ozarks marketing area. 1062.7 Producer. 1062.8 Handler. 1062.9 Producer-handler. 1062.10 Distributing plant. 1062.11 Supply plant. 1062.12 Pool plant. 1062.13 Nonpool plant. 1062.14 Producer milk. 1062.15 Other source milk. 1062.16 Fluid milk products. 1062.17 Route disposition. 1062.18 Chicago butter price. 1062.19 Filled milk.

MARKET ADMINISTRATOR 1062.22 Additional duties of the market


REPORTS 1062.30 Reports of receipts and utilization. 1062.31 Payroll reports. 1062.32 Other reports.

CLASSIFICATION 1062.40 Skim milk and buttertat to be

classified. 1062.41 Classes of utilization. 1062.42 Assignment of shrinkage. 1062.44 Transfers. 1062.45 Computation of skim milk and but

terfat in each class. 1062.46 Allocation of skim milk and butter

fat classified.

MINIMUM PRICES 1062.50 Basic formula price. 1062.51 Class prices. 1062.52 Handler butterfat differentials. 1062.53 Location differentials to handlers. 1062.54 Use of equivalent prices.

APPLICATION OF PROVISIONS 1062.60 Exemptions. 1062.61 Plants subject to other Federal

orders. 1062.62 Obligations of handlers operating a

partially regulated distributing


PRODUCERS 1062.70 Computation of the net pool obliga

tion of each pool handler. 1062.71 Computation of uniform prices. 1062.73 Overdue accounts. 1062.80 Time and method of payment.


The terms, definitions, and provisions, in Part 1000 of this chapter are hereby incorporated by reference and made a part of this order. [36 F.R. 9851, May 29, 1971] § 1062.5 Cooperative association.

"Cooperative association" means any cooperative marketing association of producers which the Secretary determines:

(a) To be qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the “Capper-Volstead Act"; and

(b) To be engaged in making collective sales, or marketing inilk or its products for its members. § 1062.6 St. Louis-Ozarks marketing

area. "St. Louis-Ozarks marketing area”, hereinafter called the marketing area, means all the territory within the designated military reservations, the corporate limits of the cities and the counties enumerated below:


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Ozark. Christian.

St. Charles. Crawford.

St. Louis. Douglas.

Stone. Franklin.

Taney. Greene.

Warren, Howell.

Webster. Jefferson.

Washington. Laclede.

Wright. Lawrence. and the city of St. Louis, Mo., Fort Leonard Wood Military Reservation in Missouri, and the territory within Scott Military Reserva

E Benton.

(iii)); or

tion, East St. Louis, Centerville, Canteen, 8 1062.9 Producer-handler. and Stites Townships, and the city of Belle

“Producer-handler" means any persin ville, all in St. Clair County, Ill.

who is both a dairy farmer and the operZONE II

ator of a distributing plant, and who (MISSOURI COUNTIES)

meets the qualifications specified in

paragraphs (a) and (b) of this section: Cape Girardeau. Perry.

(a) Receipts of fluid milk products at Bollinger.

Ste. Genevieve. St. Francois.

his plant are solely milk of his own proZONE III

duction, fluid milk products from pool

plants of other handlers, packaged fluid (ARKANSAS COUNTIES)

milk products from other order plants, Marion.

and receipts of nonfluid milk products Boone. Washington.

are used only to fortify fluid milk prod§ 1062.7 Producer.

ucts; and "Producer” means any person (other

(b) The maintenance, care and manthan a producer-handler as defined in agement of the dairy animals and other any order including this part issued pur

resources necessary to produce the milk suant to the Act, or a person who is a

and the processing, packaging and disproducer under the terms of another

tribution of the milk are the personal order issued pursuant to the Act) who

enterprise and the personal risk of such produces milk in compliance with the person. Grade A inspection requirements of a § 1062.10 Distributing plant. duly constituted health authority and

“Distributing plant" means a plant whose milk is:

which is approved by a duly constituted (a) Received at a pool plant (exclud

health authority for the processing or ing milk received as diversion from

packaging of Grade A milk and from another order plant which is allocated

which during the month route disposition to Class II pursuant to § 1062.46(a) (4) is made in the marketing area. (b) Diverted as producer milk pur

§ 1062.11 Supply plant. suant to $ 1062.14.

“Supply plant" means a plant which

qualifies as a pool plant pursuant to § 1062.8 Handler.

§ 1062.12(c) or from which fluid milk "Handler" means:

products, acceptable to a duly consti(a) Any person who operates a pool

tuted health authority for distribution plant;

under a Grade A label, are shipped dur(b) Any person who operates a par

ing the month to and physically received tially regulated distributing plant;

at a distributing plant. (c) Any cooperative association with 8 1062.12

Pool plant. respect to milk of its member producers "Pool plant” means: which is diverted from a pool plant of (a) Any distributing plant, other than another handler to a nonpool plant for

that of a producer-handler or one dethe account of such association;

scribed in § 1062.61, which: (d) Any cooperative association with

(1) Has disposition during the month respect to producer milk transferred

of fluid milk products, except filled milk, from the producer's farm tank to a tank

on routes and in packaged form to pool truck owned and operated by or under

distributing plants, which, after sub

traction of the quantity of packaged fluid contract to such association for delivery milk products, except filled milk, received to a pool plant if prior to delivery the from other pool plants, is equal to at operator of the pool plant gives notice least 50 percent of such plant's total in writing to both the market adminis- receipts of Grade A fluid milk products trator and the association of his inten

from dairy farmers (including milk dition to purchase such milk on a basis of

verted by the plant operator), supply weights and butterfat tests other than as

plants and cooperative associations as determined from farm tank measure

handlers pursuant to § 1062.8(d), excluments and farm tank samples;

sive of packaged fluid milk products, (e) A producer-handler, or any per

except filled milk, received from other son who operates an other order plant

pool plants, and has route disposition in the marketing area in an amount

equal to 10 percent or more of such

described in § 1062.61.


receipts or an average of not less than processing plant other than a pool plant. 7,000 pounds per day, whichever is less; The following categories of nonpool

plants are further defined as follows: (2) Qualified as a pool plant in the (a) "Other order plant” means a plant immediately preceding month on the that is fully subject to the pricing and basis of the performance standards de- pooling provisions of another order isscribed in subparagraph (1) of this sued pursuant to the Act; paragraph;

(b) “Producer-handler plant” means (b) Any supply plant from which dur- a plant operated by a producer-handler ing the month 50 percent or more of the as defined in any order (including this Grade A milk received from dairy part) issued pursuant to the Act; farmers and cooperative associations in (c) “Partially regulated distributing their capacity as a handler pursuant to plant” means a nonpool plant that is § 1062.8(d) is shipped to a plant(s) de- neither an other order plant nor a proscribed in paragraph (a) of this section. ducer-handler plant which has route disAny supply plant which has shipped to position of fluid milk products in cona plant(s) described in paragraph (a) sumer-type packages or dispenser units of this section the required percentages in the marketing area during the month; of its receipts during each of the months and of September through February shall be (d) “Unregulated supply plant” means designated a pool plant in each of the a nonpool plant that is neither an other following months of March through order plant nor a producer-handler August unless the plant operator requests plant, from which fluid milk products the market administrator in writing that are shipped to a pool plant. such plant not be a pool plant. Such (34 F.R. 18661, Nov. 22, 1969) nonpool plant status shall be effective the first month following such notice and

8 1062.14 Producer milk. thereafter until the plant again qualifies "Producer milk” means milk produced as a pool plant on the basis of shipments; by producers which is received and ac

(c) Any plant which is operated by or counted for as follows: under contract to a cooperative associa- (a) By the operator of a pool plant tion, or a federation of cooperatives, if: (including a cooperative association)

(1) The operator of such plant(s) with respect to milk: requests pool status, and 50 percent (1) Received at the pool plant from

more of all the Grade A milk producers or from a cooperative associafrom farms of the member producers tion as a handler pursuant to § 1062.8(d), of such cooperative or federation in- but excluding milk received as a divercluding milk delivered by the CO- sion from another order plant which is operative as a handler pursuant to allocated to Class II pursuant to § 1062.§ 1062.8(d) has been shipped to and 46 (a) (4) (iii); physically received at pool distributing (2) Diverted by the operator of the plants during the current month or the pool plant to another pool plant or to previous 12-month period ending with a nonpool plant subject to the conditions the current month, either directly from of paragraph (c) of this section; producer member farms or by transfer (b) By a cooperative association with from such association plant(s); and respect to milk:

(2) Such a plant does not qualify (1) Which it receives from producers during the month as a “pool plant” as a handler diverting the milk pursuant under another market pool order issued to $ 1062.8(c), subject to the conditions pursuant to the Act by making ship- of paragraph (c) of this section; and ments of milk to plants which qualify as (2) Which it receives from producers "pool plants” under such other order; or as a handler pursuant to § 1062.8(d) and

(3) Such plant meets the require. which: ments of subparagraph (2) of this para- (i) Is delivered to a pool plant of angraph and met the requirements of sub- other handler; or paragraph (1) of this paragraph in the (ii) Is not so delivered and constipreceding month.

tutes shrinkage pursuant to $ 1062.41(b) (34 F.R. 18661, Nov. 22, 1969)

(10) or Class I shrinkage.

(c) Milk may be diverted by the op$ 1062.13 Nonpool plant.

erator of a pool plant or by a cooperative “Nonpool plant” means any milk or association pursuant to the following filled milk receiving, manufacturing, or conditions with respect to each producer:


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(1) By the operator of a pool plant to & 1062.15 Other source milk. another pool plant(s) for not more days

“Other source milk” means all the of production of producer milk than is

skim milk and butterfat contained in: physically received at the pool plant

(a) Receipts of fluid milk products from which diverted;

during the month except: (2) By the operator of a pool plant or

(1) Fluid milk products received from by a cooperative association in its ca

pool plants; pacity as a handler pursuant to $ 1062.

(2) Producer milk; 8(c) to a nonpool plant(s) at which the

(3) Inventory of fluid milk products handling of milk is not fully subject to

on hand at the beginning of the month: the pricing and pooling provisions of

and another order issued pursuant to the Act

(b) Products, other than fluid milk on any day during each of the months

products from any source (including of March through August and for not

those produced at the plant) which are more days of production of producer milk

reprocessed or converted to another than is physically received at pool plants

product in the plant during the month (less the number of days production di

and any disappearance of nonfluid milk verted pursuant to subparagraph (3) of

products not otherwise accounted for. this paragraph) during each of the months of September through February.

$ 1062.16 Fluid milk products. (3) By the operator of a pool plant or "Fluid milk product” means milk, skim by a cooperative association in its capac- milk, concentrated milk, buttermilk, flaity as a handler pursuant to § 1062.8(c)

vored milk, milk drinks (plain or as Class II milk to a nonpool plant(s) at flavored), fortified milk or skim milk which the handling of milk is fully sub- (including “dietary milk products”), ject to the pricing and pooling provisions filled milk, reconstituted milk or skim of another order issued pursuant to the milk, sour cream and sour cream mixAct for not more days of production of tures labeled Grade A, cream or any mixproducer milk than is physically received ture in fluid form of milk or skim milk at pool plants less the number of days and cream (except frozen or aerated production diverted pursuant to sub- cream, ice cream or frozen dessert mixes, paragraph (2) of this paragraph, if such eggnog, sour cream or sour cream mixmilk is not fully subject to the pricing tures not labeled Grade A, dips not and pooling provisions of such other or

labeled Grade A, and sterilized milk and der;

milk products hermetically sealed in (4) For pricing purposes, milk di

metal or glass containers and so procverted pursuant to subparagraphs (2)

essed either before or after sealing so as and (3) of this paragraph to a plant located more than 120 miles from the city

to prevent microbial spoilage). This defihall in St. Louis or the city hall in

nition shall not include a product which Springfield, Mo., whichever is nearer (by

contains 6 percent or more nonmilk fat the shortest highway distance as deter

(or oil).
mined by the market administrator using [34 F.R. 18661, Nov. 22, 1969)
the most current issue of the Household

§ 1062.17 Route disposition.
Carriers Guide) or milk diverted pur-
suant to subparagraph (1) of this para-

"Route disposition” or “disposed of on graph, shall be deemed to be received by

routes" means any delivery of a fluid the diverting handler at the location of milk product to a retail or wholesale outthe plant to which diverted.

let (including any delivery through a (5) For pricing purposes, milk di- vendor, or a sale in packaged form from verted pursuant to subparagraph (2) or a plant or plant store) except a delivery (3) of this paragraph to a plant located

to another plant or to commercial food 120 miles or less from the city hall in establishments pursuant to § 1062.41(b) St. Louis or the city hall in Springfield, (4). Mo., whichever is nearer (by the shortest highway distance as determined by the

[34 F.R. 18661, Nov. 22, 1969) market administrator using the most

$ 1062.18 Chicago butter price. current issue of the Household Carriers “Chicago butter price” means the Guide), shall be deemed to be received

simple average of the daily wholesale at the location of the plant from which selling prices (using the midpoint of any

price range as one price) per pound of

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Grade A (92-score) bulk creamery butter the market administrator shall estimate at Chicago as reported during the month and publicly announce the utilization (to by the Department.

the nearest whole percentage) in each

class during the month of skim milk and § 1062.19 Filled milk.

butterfat, respectively, in producer milk “Filled milk” means any combination of all handlers. Such estiinate shall be of nonmilk fat (or oil) with skim milk based upon the most current available (whether fresh, cultured, reconstituted or data and shall be final for such purpose; modified by the addition of nonfat milk

(m) Report to the market administrasolids), with or without milkfat, so that tor of the other order, as soon as possible the product (including stabilizers, emul- after the report of receipts and utilization sifiers or flavoring) resembles milk or for the month is received from a handler any other fluid milk product; and con- who has received fluid milk products rains less than 6 percent nonmilk fat from an other order plant, the classificaPor oil),

tion to which such receipts are assigned [84 F.R. 18661, Nov. 22, 1969)

and thereafter any change in such clas

sification required to correct errors disMARKET ADMINISTRATOR

closed in verification of such report. In 8 1062.22 Additional duties of the mar- the case of milk received from an other ket administrator.

order market pool plant the classificaIn addition to the duties specified in tion of such milk shall be the quantities § 1000.3(c) of this chapter, the market assigned to Class I milk and Class II administrator shall perform the follow- milk pursuant to § 1062.46. In the case of ing duties:

milk received from an other order han(a)-(h) [Reserved]

dler pool plant, the market administra(i) Publicly announce by posting in a tor shall report the allocation of skim conspicuous place in his office and by

milk and butterfat in the same percentsuch other means as he deems appro

age as the market-wide estimate for all priate and mail to each handler at his handlers pursuant to paragraph (1) of last known address the prices determined

this section. for each month as follows:

(n) Furnish to each handler operating (1) On or before the fifth day of each a pool plant who has shipped fluid milk month the minimum price for Class 1 products to an other order plant, the milk computed pursuant to § 1062.51(a) classification to which the skim milk and and the Class I butterfat differential pur

butterfat in such fluid milk products suant to § 1062.52(a), both for the cur- were allocated by the market administrarent month; and the minimum price for tor of the other order on the basis of the Class II milk computed pursuant to report of the receiving handler; and, as $ 1062.51(b) and the Class II butterfat necessary, any changes in such classifidifferential pursuant to $ 1062.52(b), cation arising in the verification of such both for the previous month: and

report. (2) On or before the 10th day of each [33 F.R. 14625, Oct. 1, 1968, as amended at month the uniform price computed pur- 36 F.R. 9851, May 29, 1971] suant to $ 1062.71 and the butterfat dif

REPORTS ferential computed pursuant to § 1062.81, both for the previous month;

$ 1062.30 Reports of receipts and

utilization, (j) [Reserved]

(k) On or before the 10th day of each On or before the seventh day after month report to each cooperative asso- the end of each month reports for such ciation, which so requests, the percent- month shall be made to the market age utilization of milk received from administrator in the detail and on forms producers or from a cooperative associa- prescribed by the market administrator: tion in its capacity as a handler pursuant (a) Each handler described in to § 1062.8(d) in each class by each § 1062.8(a) shall report with respect to handler who in the previous month re- each of his pool plants as follows: ceived milk from members of such co- (1) Receipts of skim milk and butteroperative association;

fat in: (1) Whenever required for purpose of (1) Producer milk received both from allocation of receipts from other order producers and from cooperative associaplants pursuant to § 1062.46(a) (8) and tions acting as handlers pursuant to the corresponding step of $ 1062.46(b), § 1062.8(d);

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