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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]

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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.

PART 900-GENERAL REGULATIONS Subpart - Procedure Governing Meetings To Arbi

trate and Mediate Disputes Relating to Sales Subpart-Rules of Practice and Procedure Gov

of Milk or Its Products erning Proceedings To Formulate Marketing Agreements and Marketing Orders

Sec.

900.100 Words in the singular form. Sec.

900.101 Definitions. 900.1 Words in the singular form.

900.102 Filing of applications for mediation 900.2 Definitions.

or arbitration. 900.3 Proposals.

900.103 Application for mediation. 900.4 Institution of proceeding.

900.104 Inquiry by the Administrator. 900.5 Docket number.

900.105 Notification. 900.6 Presiding officers.

900.106 Assignment of mediator. 900.7 Motions and requests.

900.107 Meetings. 900.8 Conduct of the hearing.

900.108 Mediator's report. 900.9 Oral and written arguments.

900.109 Mediation agreement. 900.10 Certification of the transcript.

900.110 Application for arbitration. 900.11 Copies of the transcript.

900.111 Inquiry by the Administrator. 900.12 Administrator's recommended deci

900.112 Notification. sion.

900.113 Submission. 900.13 Submission to Secretary.

900.114 Designation of arbitrator. 900.13a Decision by Secretary.

900.115 Hearing. 900.14 Execution of marketing agreement 900.116 Award. and issuance of marketing order.

900.117 Approval of award. 900.15 Filing; extensions of time; effective

900.118 Costs.
date of filing; and computation of
time.

Subpart-Miscellaneous Regulations 900.16 Discussion of issues, etc., of proceed

900.200 Definitions. ing prohibited.

900.201 Investigation and disposition of 900.17 Additional documents to be filed

alleged violations. with hearing clerk.

900.210 Disclosures of information. 900.18 Hearing before Secretary.

900.211 Penalties. Subpart-Rules of Practice Governing Proceedings

Subpart—Procedure for Conduct of Referenda to on Petitions To Modify or To Be Exempted

Determine Producer Approval of Milk MarketFrom Marketing Orders

ing Orders To Be Made Effective Pursuant to 900.50 Words in the singular form.

Agricultural Marketing Agreement Act of 1937, 900.51 Definitions.

as Amended 900.52 Institution of proceeding.

900.300 General. 900.52a Answer to petition.

900.301 Definitions. 900.52b Amended pleadings.

900.302 900.53 Withdrawal of petition.

Associations eligible to vote.

900.303 Conduct of referendum. 900.54 Docket number.

900.304 Who may vote. 900.55 Presiding officers.

900.305 Duties of referendum agent. 900.56 Consolidated hearings.

900.306 Notice of the referendum. 900.57 Intervention.

900.307 Time for voting. 900.58 Prehearing conferences.

900.308 Tabulation of ballots. 900.59 Motions and requests.

900.309 Confidential information. 900.60 Oral hearings before presiding officer. 900.61 Depositions.

900.310 Supplementary instructions.

900.311 Submittals or requests. 900.62 Subpenas. 900.63 Fees and mileage.

Subpart— Procedure for Determining the Quali900.64 The presiding officer's report.

fication of Cooperative Milk Marketing Asso900.65 Transmittal of record.

ciations 900.66 Argument before Secretary. 900.67 Consideration and issuance of order. 900.350 General statement. 900.68 Applications for reopening hearings; 900.351 Applications for qualification. for rehearings or rearguments of

900.352 Confidential information. proceedings; or for reconsideration 900.353 Qualification standards. of orders.

900.354 Inspection and investigation. 900.69 Filing; service; extensions of time; 900.355 Annual reporting.

effective date of filing; and com- 900.356 Listing of qualified associations. putation of time.

900.357 Denial of application; suspension or 900.70 Applications for interim relief.

revocation of determination of 900.71 Hearing before Secretary.

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 Sec. 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 Sources of program information. 900.501 Availability of program information. 900.502 Staff manuals and instructions. 900.503 Index. 900.504 Facilities for inspection; copies.

DISCLOSURE OF IDENTIFIABLE RECORDS 900.510 Requests. 900.511 Delegation of authority. 900.512 Available records. 900.513 Exempt records. 900.514 Determinations. 900.515 Appeals. 900.516 Inspection and copies.

SOURCE: The provisions of this part 900 appear at 25 F.R. 5907, June 28, 1960, unless otherwise noted. Subpart-Rules of Practice and Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders

AUTHORITY: $ $ 900.1 to 900.18 issued under bec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610. $ 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. $ 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

(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.

(1) 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, 1969) $ 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 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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