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for oficial estimates and reports, for use in developing inspection or other required staffing, financial or program plans, or for official purposes; inspection, grading, and classing 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, or 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.

(g) 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.

PART 1060 MILK IN MINNESOTANORTH DAKOTA MARKETING AREA

GENERAL DEFINITIONS Sec. 1060.1 Act. 1060.2 Minnesota-North Dakota market

ing area. 1060.3 Route. 1060.4 Department. 1060.5 Chicago butter price.

DEFINITION OF PERSONS 1060.6 Person. 1060.7 Secretary 1060.8 Producer. 1060.9 Cooperative association. 1060.10 Handler. 1060.11 Producer-handler.

DEFINITIONS OF MILK AND MILK PRODUCTS 1060.15 Producer milk. 1060.16 Diverted milk. 1060.17 Other source milk. 1080.18 Fluid milk product. 1060.19 Filled milk.

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APPLICATION OF PROVISIONS Sec. 1060.60 Producer-handlers and exempt in

stitutions. 1060.61 Plants subject to other Federal

orders. 1060.62 Obligation of handler operating a

partially regulated distributing

plant. DETERMINATION OF UNIFORM PRICE 1060.70 Computation of the net pool obliga

tion of each pool handler. 1060.71 Computation of uniform price.

PAYMENTS 1060.80 Time and method of payment. 1060.81 Butterfat differential to producers. 1060.82 Location differentials to producers

and on nonpool milk. 1060.83 Producer-settlement fund. 1060.84 Payments to the producer-settle

ment fund. 1060.85 Payments out of the producer

settlement fund. 1060.86 Adjustment of accounts. 1060.87 Marketing services. 1060.88 Expense of administration. 1060.89 Termination of obligations. EFFECTIVE TIME, SUSPENSION OR TERMINATION 1060.90 Effective time. 1060.91 Suspension or termination. 1060.92 Continuing obligations. 1060.93 Liquidation.

MISCELLANEOUS PROVISIONS 1060.100 Agents. 1060.101 Separability of provisions.

AUTHORITY: The provisions of this part 1060 issued under secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.

SOURCE: The provisions of this part 1060 appear at 32 F.R. 13703, Sept. 30, 1967, unless otherwise noted.

GENERAL DEFINITIONS § 1060.1 Act.

"Act" means Public Act No. 10, 73d Congress, as amended, and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.). § 1060.2 Minnesota-North Dakota mar

keting area. (a) “Minnesota-North Dakota marketing area” (referred to in this part as the "marketing area") means all the territory within the boundaries of the counties listed below, including territory wholly or partly within such boundaries occupied by Government (municipal. State, or Federal) reservations, instal

MARKET ADMINISTRATOR
Designation.
Powers.
Duties.

1060.30
1060.31
1060.32

REPORTS, RECORDS AND FACILITIES 1060.35 Reports of receipts and utilization. 1060.36 Payroll reports. 1060.37 Other reports. 1060.38 Records and facilities. 1060.39 Retention of records.

1060.40

1060.41
1060.42
1060.43

CLASSIFICATION OF MILK
Skim milk and buttertat to be

classified.
Classes of utilization.
Shrinkage.
Responsibility of handlers and re-

classification of milk.
Transfers.
Computation of skim milk and

butterfat in each class. Allocation of skim milk and but

terfat classified.

1060.44 1060.45

1060.46

MINIMUM PRICES

1060.50
1060.51
1060.52
1060.53

Basic formula price.
Class prices.
Butterfat differentials to handlers.
Location differentials to handlers.

lations, institutions or other similar establishments:

MINNESOTA Becker.

Marshall. Beltrami.

Norman. Big Stone.

Otter Tail. Clay.

Pennington. Clearwater.

Polk. Douglas.

Red Lake. Grant.

Roseau. Hubbard.

Stevens. Kittson.

Traverse. Lake of the Woods. Wadena. Mahnomen.

Wilkin.

NORTH DAKOTA Barnes.

Pembina. Cass.

Ramsey. Cavalier.

Ransom. Dickey.

Richland. Grand Forks.

Sargent. Griggs.

Steele. La Moure.

Traill.
Nelson.

Walsh.
SOUTH DAKOTA

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(b) The “base zone" shall include that portion of the marketing area in the counties of Clay, Marshall, Norman, Pennington, Polk, and Red Lake, all in the State of Minnesota; and the counties of Cass, Grand Forks, and Traill, all in the State of North Dakota. § 1060.3 Route.

“Route" means a delivery to a wholesale or retail outlet either directly or through a distributing facility such as a distribution point, a plant store, or a vendor of a fluid milk product classified as Class I pursuant to § 1060.41(a) (1), other than a delivery to a pool plant or a nonpool plant. § 1060.4 Department.

"Department” means the U.S. Department of Agriculture or such other Federal agency as is authorized to perform the price reporting functions specified in this part. § 1060.5 Chicago butter price.

"Chicago butter price" means the simple average as computed by the market administrator of the daily wholesale selling prices (using the midpoint of any price range as one price) per pound of Grade A (92-Score) bulk creamery butter at Chicago as reported during the month by the Department.

DEFINITIONS OF PERSONS § 1060.6 Person.

"Person" means any individual, partnership, corporation, association, institution, or other business unit. § 1060.7 Secretary.

“Secretary” means the Secretary of Agriculture of the United States or such other officer or employee of the United States as is authorized to exercise the powers or to perform the duties of the said Secretary of Agriculture of the United States. § 1060.8 Producer.

“Producer" means any person, other than a producer-handler as defined in any order (including this part) issued pursuant to the Act, who produces milk in compliance with the Grade A inspection requirements of a duly constituted health authority, which milk is (a) received at a pool plant, or (b) diverted as producer milk pursuant to § 1060.16. § 1060.9 Cooperative association.

"Cooperative association" means any cooperative marketing association of producers which the Secretary determines, after application by the association:

(a) Is qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the “CapperVolstead Act;”

(b) Has full authority in the sale of milk of its members and is engaged in making collective sales of or marketing milk or its products for its members; and

(c) Has its entire activities under the control of its members. $ 1060.10 Handler.

“Handler” means:

(a) Any person (including any cooperative association) in his capacity as the operator of one or more pool plants;

(b) Any cooperative association with respect to producer milk which it causes to be diverted for its account from a pool plant pursuant to § 1060.16;

(c) Any cooperative association with respect to the milk of its member producers which is delivered directly from the farm to the pool plant of another handler in a tank truck owned, operated by, under contract to, or under the control of such cooperative association. The milk for which a cooperative association is a handler pursuant to this paragraph shall be deemed to have been received at the location of the pool plant to which it was delivered;

(d) Any person who operates a partially regulated distributing plant. This definition shall not apply to a governmentally owned and operated institution which is exempt from the provisions of this part pursuant to § 1060.60(b); and

(e) A producer handler, or any person who operates an other order plant as described in § 1060.61; § 1060.11 Producer-handler.

Producer-handler means any person who meets all of the following conditions:

(a) Operates a dairy farm and a distributing plant;

(b) Receives no milk during the month from other dairy farmers or fluid milk products from sources other than pool plants and not more than 3,000 pounds of milk and fluid milk products (including the milk equivalent of milk products other than fluid milk products which are reconstituted into fluid milk products) during the month from any source;

(c) Receives no milk products other than fluid milk products from any source for reconstitution into fluid milk products except that received within the limitations set forth in paragraph (b) of this section;

(d) Such person must provide proof satisfactory to the market administrator that (1) the care and management of all the dairy animals and other resources necessary to produce the milk are the personal enterprise of and at the personal risk of such person, and (2) the operation of the processing and distributing business is the personal enterprise of and at the personal risk of such person. [34 F.R. 18658, Nov. 22, 1969] DEFINITIONS OF MILK AND MILK PRODUCTS § 1060.15 Producer milk.

"Producer milk” means all the skim milk and butterfat contained in Grade A milk:

(a) Received during the month at a pool plant directly from a producer or a handler pursuant to § 1060.10(c);

(b) Diverted subject to the provisions of § 1060.16 from a pool plant to a nonpool plant other than an other order plant or a producer-handler plant; or

(c) Received by a cooperative association handler pursuant to § 1060.10(c) from producers in excess of the quantity delivered to pool plants.

§ 1060.16 Diverted milk.

“Diverted milk” means, for any month, milk produced by a dairy farmer which a pool plant handler or a handler pursuant to § 1060.10(b) caused to be moved from the farm to a nonpool plant (other than the plant of a producer-handler) if such movement is specifically reported and the conditions of paragraphs (a) or (b), and (c) of this section have been met. Such milk shall be deemed to have been received by the diverting handler at the location of the nonpool plant to which diverted in applying $$ 1060.53 and 1060.82. The diversion of producer milk is subject to the following conditions:

(a) During March through June a cooperative association handler pursuant to $ 1060.10(b) may divert for its account without limit the milk of any member producer. During the months of July through February such handler may divert an aggregate quantity not exceeding 50 percent of the milk of all such producers whose milk has been received at a pool plant(s) for at least 3 days during the month.

(b) During March through June a handler in his capacity as the operator of a pool plant may divert for his account without limit the milk of any producer, other than a member of a cooperative association which has diverted milk pursuant to paragraph (a) of this section. During the months of July through February such handler may divert an aggregate quantity not exceeding 50 percent of the milk of all such producers whose milk has been received at his pool plant(s) for at least 3 days during the month.

(c) In the event milk receipts from dairy farmers are diverted in excess of the applicable percentages pursuant to paragraphs (a) and (b) of this section the diverting handler shall specify the dairy farmers whose milk was overdiverted. Only the milk of such dairy farmer(s) which is received at a pool plant during the month shall be producer milk for such month. § 1060.17 Other source milk.

“Other source milk” means all skim milk and butterfat contained in or represented by:

(a) Fluid milk products received from any source except:

(1) Producer milk;

(2) Fluid milk products received from a distribution point for storing fluid pool plants; or

milk products in transit on routes shall (3) Inventory of fluid milk products not be a plant under this definition. on hand at the beginning of the month; (34 F.R. 18658, Nov. 22, 1969) and (b) Products, other than fluid milk

§ 1060.21 Distributing plant. products, received from any source (in- “Distributing plant” means a plant cluding those produced at the plant) that is approved by an appropriate which are reprocessed or converted into health authority for the processing or or combined with another product in the packaging of Grade A milk and from plant during the month, and any dis- which fluid milk products are disposed appearance of products other than fluid of during the month on routes. milk products not otherwise accounted

§ 1060.22 Supply plant. for. $ 1060.18 Fluid milk product.

“Supply plant” means a plant from

which a fluid milk product that is "Fluid milk product” means milk, skim acceptable to the appropriate health aumilk, flavored milk, filled milk, concen- thority for distribution in the marketing trated milk, buttermilk, milk drinks area as Grade A is moved during the (plain or flavored), sour cream and sour month to a distributing plant. cream products labeled Grade A, cream

§ 1060.23 Pool plant. or any mixture in fluid form of cream and milk or skim milk. The term includes “Pool plant” means any plant meeting these products in fluid, frozen, fortified the conditions of paragraph (a) or (b) (including “dietary” milk products) or of this section except the plant of a reconstituted form but does not include handler exempted pursuant to § 1060.60 sterilized products in hermetically and § 1060.61: Provided, That if a porsealed containers and such products as tion of a plant is physically separated yogurt, eggnog, aerated cream in dis- from the Grade A portion of such plant, pensers, ice cream mix, frozen dessert is operated separately and is not apmix and evaporated or condensed milk or proved by any health authority for the skim milk. This definition shall not in- receiving, processing, or packaging of any clude a product which contains 6 percent fluid milk product for Grade A disposior more nonmilk fat (or oil).

tion, it shall not be considered as part [34 F.R. 18658, Nov. 22, 1969]

of a pool plant pursuant to this section.

(a) A distributing plant from which § 1060.19 Filled milk.

during the month there is disposed: "Filled milk” means any combination (1) As Class I milk, except filled milk, of nonmilk fat (or oil) with skim milk on routes in the marketing area not less (whether fresh, cultured, reconstituted than 15 percent of Grade A milk receipts or modified by the addition of nonfat at such plant; and milk solids), with or without milkfat, so (2) As Class I milk, except filled milk, that the product (including stabilizers, on routes or by transfer to another plant emulsifiers or flavoring) resembles milk and classified as Class I pursuant to or any other fluid milk product; and § 1060.44 not less than the applicable percontains less than 6 percent nonmilk fat centage of such plant's receipts of (or oil).

Grade A milk: [34 F.R. 18658, Nov. 22, 1969]

(i) March through June, 20 percent;

(ii) July through February, 25 perDEFINITIONS OF PLANTS

cent: Provided, That all distributing 1060.20 Plant.

plants operated by a handler may be "Plant” means the land, buildings, fa

considered as one plant for the purpose

of meeting the applicable percentage recilities, and equipment constituting a

quirement of this subparagraph if the single operating unit or establishment at

handler submits a written request to the which milk or milk products (including

market administrator prior to the defilled milk) are received, processed and/or livery period for which such considerapackaged. Separate facilities used only tion is requested; and as a reload point for transferring bulk (b) A supply plant from which not milk or filled milk from one tank truck less than 25 percent of its producer to another shall not be a plant under receipts at such plant during the month this definition. Facilities used only as is shipped as fluid milk products, except

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