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CHAPTER X-CONSUMER AND MARKETING SERVICE

(Marketing Agreements and Orders; Milk)

DEPARTMENT OF AGRICULTURE

(Parts 1060-1089)

Part

1060 Milk in Minnesota-North Dakota marketing area.

1061 Milk in the Southeastern Minnesota-Northern Iowa (Dairyland) marketing

area.

1062 Milk in St. Louis-Ozarks marketing area.

1063 Milk in Quad Cities-Dubuque marketing area.

1064 Milk in Greater Kansas City marketing area.

1065 Milk in the Nebraska-Western Iowa marketing area.

1068 Milk in Minneapolis-St. Paul, Minn., marketing area.
1069 Milk in the Duluth-Superior marketing area.
1070 Milk in Cedar Rapids-Iowa City marketing area.
1071 Milk in Neosho Valley marketing area.

1073 Milk in Wichita, Kans., marketing area.
1075 Milk in Black Hills, S. Dak., marketing area.
1076 Milk in Eastern South Dakota marketing area.
1078 Milk in the North Central Iowa marketing area.
1079 Milk in Des Moines, Iowa, marketing area.
1080-1089 [Reserved]

NOTE

7 CFR, Part 900, the general regulations with respect to marketing agreements and orders, are herein set forth for convenience of users of this volume.

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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 term "examiner" means any examiner in the Office of Hearing Examiners, United States Department of Agriculture.

(e) The term "Administrator" means the Administrator of the Consumer and 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.

(1) The term "hearing clerk" means the hearing clerk, United States Department of Agriculture, Washington, D.C.

(m) The term "presiding officer" means the examiner conducting a proceeding under the act.

[25 F.R. 5907, June 28, 1960, as amended at 26 F.R. 7796, Aug. 22, 1961, 28 F.R. 579, Jan. 23, 1963]

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(a) A marketing agreement or a market→ ing 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 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

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