cfr_sections
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52 rows where part_number = 1005 and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:9.1.1.1.4.1.26.1 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.1 General provisions. | AMS | The terms, definitions, and provisions in part 1000 of this chapter apply to this part 1005. In this part 1005, all references to sections in part 1000 refer to part 1000 of this chapter. | ||||||
| 7:7:9.1.1.1.4.1.27.10 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.10 Producer-handler. | AMS | [64 FR 47960, Sept. 1, 1999, as amended at 71 FR 25498, May 1, 2006; 75 FR 21160, Apr. 23, 2010] | Producer-handler means a person who: (a) Operates a dairy farm and a distributing plant from which there is route disposition in the marketing area, and from which total route disposition and packaged sales of fluid milk products to other plants during the month does not exceed 3 million pounds; (b) Receives no fluid milk products, and acquires no fluid milk products for route disposition, from sources other than own farm production; (c) Disposes of no other source milk as Class I milk except by increasing the nonfat milk solids content of the fluid milk products received from own farm production; and (d) Provides proof satisfactory to the market administrator that the care and management of the dairy animals and other resources necessary to produce all Class I milk handled, and the processing and packaging operations are the producer-handler's own enterprise and are operated at the producer-handler's own risk. (e) Any producer-handler with Class I route dispositions and/or transfers of packaged fluid milk products in the marketing area described in § 1131.2 of this chapter shall be subject to payments into the Order 1131 producer settlement fund on such dispositions pursuant to § 1000.76(a) and payments into the Order 1131 administrative fund provided such dispositions are less than three million pounds in the current month and such producer-handler had total Class I route dispositions and/or transfers of packaged fluid milk products from own farm production of three million pounds or more the previous month. If the producer-handler has Class I route dispositions and/or transfers of packaged fluid milk products into the marketing area described in § 1131.2 of this chapter of three million pounds or more during the current month, such producer-handler shall be subject to the provisions described in § 1131.7 of this chapter or § 1000.76(a). | |||||
| 7:7:9.1.1.1.4.1.27.11 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.11 [Reserved] | AMS | |||||||
| 7:7:9.1.1.1.4.1.27.12 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.12 Producer. | AMS | (a) Except as provided in paragraph (b) of this section, producer means any person who produces milk approved by a duly constituted regulatory agency for fluid consumption as Grade A milk and whose milk (or components of milk) is: (1) Received at a pool plant directly from the producer or diverted by the plant operator in accordance with § 1005.13; or (2) Received by a handler described in § 1000.9(c). (b) Producer shall not include: (1) A producer-handler as defined in any Federal order; (2) A dairy farmer whose milk is received at an exempt plant, excluding producer milk diverted to the exempt plant pursuant to § 1005.13(d); (3) A dairy farmer whose milk is received by diversion at a pool plant from a handler regulated under another Federal order if the other Federal order designates the dairy farmer as a producer under that order and that milk is allocated by request to a utilization other than Class I; and (4) A dairy farmer whose milk is reported as diverted to a plant fully regulated under another order with respect to that portion of the milk so diverted that is assigned to Class I under the provisions of such other order. | ||||||
| 7:7:9.1.1.1.4.1.27.13 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.13 Producer milk. | AMS | [64 FR 47960, Sept. 1, 1999, as amended at 70 FR 59223, Oct. 12, 2005; 71 FR 62378; Oct. 25, 2006; 73 FR 14156, Mar. 17, 2008; 73 FR 26315, May 9, 2008; 79 FR 25005, May 2, 2014; 79 FR 26591, May 9, 2014] | Except as provided for in paragraph (e) of this section, Producer milk means the skim milk (or the skim equivalent of components of skim milk) and butterfat contained in milk of a producer that is: (a) Received by the operator of a pool plant directly from a producer or a handler described in § 1000.9(c). All milk received pursuant to this paragraph shall be priced at the location of the plant where it is first physically received; (b) Received by a handler described in § 1000.9(c) in excess of the quantity delivered to pool plants; (c) Diverted by a pool plant operator to another pool plant. Milk so diverted shall be priced at the location of the plant to which diverted; or (d) Diverted by the operator of a pool plant or a handler described in § 1000.9(c) to a nonpool plant, subject to the following conditions: (1) In any month of July through December, not less than 1 days' production of the producer whose milk is diverted is physically received at a pool plant during the month; (2) In any month of January through June, not less than 1 days' production of the producer whose milk is diverted is physically received at a pool plant during the month; (3) The total quantity of milk so diverted during the month by a cooperative association shall not exceed 25 percent during the months of July through November, January, and February, and 35 percent during the months of December and March through June, of the producer milk that the cooperative association caused to be delivered to, and physically received at, pool plants during the month, excluding the total pounds of bulk milk received directly from producers meeting the conditions as described in § 1005.82(c)(2)(ii) and (iii), and for which a transportation credit is requested; (4) The operator of a pool plant that is not a cooperative association may divert any milk that is not under the control of a cooperative association that diverts milk during the month pursuant to paragraph (d) of this section. The total quantity of milk so diverted during the month … | |||||
| 7:7:9.1.1.1.4.1.27.14 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.14 Other source milk. | AMS | See § 1000.14. | ||||||
| 7:7:9.1.1.1.4.1.27.15 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.15 Fluid milk product. | AMS | See § 1000.15. | ||||||
| 7:7:9.1.1.1.4.1.27.16 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.16 Fluid cream product. | AMS | See § 1000.16. | ||||||
| 7:7:9.1.1.1.4.1.27.17 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.17 [Reserved] | AMS | |||||||
| 7:7:9.1.1.1.4.1.27.18 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.18 Cooperative association. | AMS | See § 1000.18. | ||||||
| 7:7:9.1.1.1.4.1.27.19 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.19 Commercial food processing establishment. | AMS | See § 1000.19. | ||||||
| 7:7:9.1.1.1.4.1.27.2 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.2 Appalachian marketing area. | AMS | [64 FR 47960, Sept. 1, 1999, as amended at 70 FR 59223, Oct. 12, 2005] | The marketing area means all the territory within the bounds of the following states and political subdivisions, including all piers, docks and wharves connected therewith and all craft moored thereat, and all territory occupied by government (municipal, State or Federal) reservations, installations, institutions, or other similar establishments if any part thereof is within any of the listed states or political subdivisions: Georgia Counties Catoosa, Chattooga, Dade, Fannin, Murray, Walker, and Whitfield. Indiana Counties Clark, Crawford, Daviess, Dubois, Floyd, Gibson, Greene, Harrison, Knox, Martin, Orange, Perry, Pike, Posey, Scott, Spencer, Sullivan, Vanderburgh, Warrick, and Washington. Kentucky Counties Adair, Anderson, Bath, Bell, Bourbon, Boyle, Breathitt, Breckinridge, Bullitt, Butler, Carroll, Carter, Casey, Clark, Clay, Clinton, Cumberland, Daviess, Edmonson, Elliott, Estill, Fayette, Fleming, Franklin, Gallatin, Garrard, Grayson, Green, Hancock, Hardin, Harlan, Hart, Henderson, Henry, Hopkins, Jackson, Jefferson, Jessamine, Knott, Knox, Larue, Laurel, Lee, Leslie, Letcher, Lincoln, Madison, Marion, McCreary, McLean, Meade, Menifee, Mercer, Montgomery, Morgan, Muhlenberg, Nelson, Nicholas, Ohio, Oldham, Owen, Owsley, Perry, Powell, Pulaski, Rockcastle, Rowan, Russell, Scott, Shelby, Spencer, Taylor, Trimble, Union, Washington, Wayne, Webster, Whitley, Wolfe, and Woodford. North Carolina and South Carolina All of the States of North Carolina and South Carolina. Tennessee Counties Anderson, Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Cumberland, Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, Loudon, Marion, McMinn, Meigs, Monroe, Morgan, Polk, Rhea, Roane, Scott, Sequatchie, Sevier, Sullivan, Unicoi, Union, and Washington. Virginia Counties and Cities Alleghany, Amherst, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Campbell, Carroll, Craig, Dickenson, Floyd, Franklin, Giles, Grayson, Henry, Highland, Lee, Montgomery, Pat… | |||||
| 7:7:9.1.1.1.4.1.27.3 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.3 Route disposition. | AMS | See § 1000.3. | ||||||
| 7:7:9.1.1.1.4.1.27.4 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.4 Plant. | AMS | See § 1000.4. | ||||||
| 7:7:9.1.1.1.4.1.27.5 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.5 Distributing plant. | AMS | See § 1000.5. | ||||||
| 7:7:9.1.1.1.4.1.27.6 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.6 Supply plant. | AMS | See § 1000.6. | ||||||
| 7:7:9.1.1.1.4.1.27.7 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.7 Pool plant. | AMS | [64 FR 47960, Sept. 1, 1999, as amended at 71 FR 25497, May 1, 2006; 71 FR 28249, May 16, 2006] | Pool plant means a plant specified in paragraphs (a) through (d) of this section, a unit of plants as specified in paragraph (e) of this section, or a plant specified in paragraph (g) of this section but excluding a plant specified in paragraph (h) of this section. The pooling standards described in paragraphs (c) and (d) of this section are subject to modification pursuant to paragraph (f) of this section: (a) A distributing plant, other than a plant qualified as a pool plant pursuant to paragraph (b) of this section or § ____.7(b) of any other Federal milk order, from which during the month 50 percent or more of the fluid milk products physically received at such plant (excluding concentrated milk received from another plant by agreement for other than Class I use) are disposed of as route disposition or are transferred in the form of packaged fluid milk products to other distributing plants. At least 25 percent of such route disposition and transfers must be to outlets in the marketing area. (b) Any distributing plant located in the marketing area which during the month processed at least 50 percent of the total quantity of fluid milk products physically received at the plant (excluding concentrated milk received from another plant by agreement for other than Class I use) into ultra-pasteurized or aseptically-processed fluid milk products. (c) A supply plant from which 50 percent or more of the total quantity of milk that is physically received during the month from dairy farmers and handlers described in § 1000.9(c), including milk that is diverted from the plant, is transferred to pool distributing plants. Concentrated milk transferred from the supply plant to a distributing plant for an agreed-upon use other than Class I shall be excluded from the supply plant's shipments in computing the plant's shipping percentage. (d) A plant located within the marketing area or in the State of Virginia that is operated by a cooperative association if pool plant status under this paragraph is requested for such plan… | |||||
| 7:7:9.1.1.1.4.1.27.8 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.8 Nonpool plant. | AMS | See § 1000.8. | ||||||
| 7:7:9.1.1.1.4.1.27.9 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.9 Handler. | AMS | See § 1000.9. | ||||||
| 7:7:9.1.1.1.4.1.28.20 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.30 Reports of receipts and utilization. | AMS | [64 FR 47960, Sept. 1, 1999, as amended at 89 FR 6403, Feb. 1, 2024] | Each handler shall report monthly so that the market administrator's office receives the report on or before the 7th day after the end of the month, in the detail and on prescribed forms, as follows: (a) With respect to each of its pool plants, the quantities of skim milk and butterfat contained in or represented by: (1) Receipts of producer milk, including producer milk diverted by the reporting handler, from sources other than handlers described in § 1000.9(c); (2) Receipts of milk from handlers described in § 1000.9(c); (3) Receipts of fluid milk products and bulk fluid cream products from other pool plants; (4) Receipts of other source milk; (5) Receipts of producer milk described in § 1005.84(e), including the identity of the individual producers whose milk is eligible for the distributing plant delivery credit pursuant to that paragraph and the date that such milk was received; (6) For handlers submitting distributing plant delivery credit requests, transfers of bulk unconcentrated milk to nonpool plants, including the dates that such milk was transferred; (7) Receipts of bulk milk from a plant regulated under another Federal order, except Federal Order 1007, for which a transportation credit is requested pursuant to § 1005.82; (8) Receipts of producer milk described in § 1005.82(c)(2), including the identity of the individual producers whose milk is eligible for the transportation credit pursuant to that paragraph and the date that such milk was received; (9) For handlers submitting transportation credit requests, transfers of bulk milk to nonpool plants, including the dates that such milk was transferred; (10) Inventories at the beginning and end of the month of fluid milk products and bulk fluid cream products; and (11) The utilization or disposition of all milk and milk products required to be reported pursuant to this paragraph. (b) Each handler operating a partially regulated distributing plant shall report with respect to such plant in the same manner as prescribed for reports required b… | |||||
| 7:7:9.1.1.1.4.1.28.21 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.31 Payroll reports. | AMS | (a) On or before the 20th day after the end of each month, each handler that operates a pool plant pursuant to § 1005.7 and each handler described in § 1000.9(c) shall report to the market administrator its producer payroll for the month, in detail prescribed by the market administrator, showing for each producer the information specified in § 1005.73(e). (b) Each handler operating a partially regulated distributing plant who elects to make payment pursuant to § 1000.76(b) shall report for each dairy farmer who would have been a producer if the plant had been fully regulated in the same manner as prescribed for reports required by paragraph (a) of this section. | ||||||
| 7:7:9.1.1.1.4.1.28.22 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.32 Other reports. | AMS | [64 FR 47960, Sept. 1, 1999, as amended at 89 FR 6403, Feb. 1, 2024] | (a) On or before the 20th day after the end of each month, each handler described in § 1000.9(a) and (c) of this chapter shall report to the market administrator any adjustments to distributing plant delivery credit requests as reported pursuant to § 1005.30(a)(5) and (6), and any adjustments to transportation credit requests as reported pursuant to § 1005.30(a)(7) through (9). (b) In addition to the reports required pursuant to §§ 1005.30, 1005.31, and 1005.32(a), each handler shall report any information the market administrator deems necessary to verify or establish each handler's obligation under the order. | |||||
| 7:7:9.1.1.1.4.1.29.23 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.40 Classes of utilization. | AMS | See § 1000.40. | ||||||
| 7:7:9.1.1.1.4.1.29.24 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.41 [Reserved] | AMS | |||||||
| 7:7:9.1.1.1.4.1.29.25 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.42 Classification of transfers and diversions. | AMS | See § 1000.42. | ||||||
| 7:7:9.1.1.1.4.1.29.26 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.43 General classification rules. | AMS | See § 1000.43. | ||||||
| 7:7:9.1.1.1.4.1.29.27 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.44 Classification of producer milk. | AMS | See § 1000.44. | ||||||
| 7:7:9.1.1.1.4.1.29.28 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.45 Market administrator's reports and announcements concerning classification. | AMS | See § 1000.45. | ||||||
| 7:7:9.1.1.1.4.1.30.29 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.50 Class prices, component prices, and advanced pricing factors. | AMS | See § 1000.50. | ||||||
| 7:7:9.1.1.1.4.1.30.30 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.51 Class I differential, adjustments to Class I prices, and Class I price. | AMS | [73 FR 14156, Mar. 17, 2008, as amended at 90 FR 6649, Jan. 17, 2025] | (a) The Class I differential shall be the differential established for Mecklenburg County, North Carolina, which is reported in § 1000.52 of this chapter. The Class I price shall be the price computed pursuant to § 1000.50(a) of this chapter for Mecklenburg County, North Carolina. (b) [Reserved] | |||||
| 7:7:9.1.1.1.4.1.30.31 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.52 Adjusted Class I differentials. | AMS | See § 1000.52. | ||||||
| 7:7:9.1.1.1.4.1.30.32 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.53 Announcement of class prices, component prices, and advanced pricing factors. | AMS | See § 1000.53. | ||||||
| 7:7:9.1.1.1.4.1.30.33 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.54 Equivalent price. | AMS | See § 1000.54. | ||||||
| 7:7:9.1.1.1.4.1.31.34 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.60 Handler's value of milk. | AMS | [64 FR 47960, Sept. 1, 1999, as amended at 65 FR 82835, Dec. 28, 2000; 69 FR 71699, Dec. 10, 2004; 90 FR 6649, Jan. 17, 2025] | For the purpose of computing a handler's obligation for producer milk, the market administrator shall determine for each month the value of milk of each handler with respect to each of the handler's pool plants and of each handler described in § 1000.9(c) of this chapter with respect to milk that was not received at a pool plant by adding the amounts computed in paragraphs (a) through (f) of this section and subtracting from that total amount the value computed in paragraph (g) of this section. Receipts of nonfluid milk products that are distributed as labeled reconstituted milk for which payments are made to the producer-settlement fund of another Federal order under § 1000.76(a)(4) or (d) of this chapter shall be excluded from pricing under this section. (a) Multiply the pounds of skim milk and butterfat in producer milk that were classified in each class pursuant to § 1000.44(c) of this chapter by the applicable skim milk and butterfat prices, and add the resulting amounts; (b) Multiply the pounds of skim milk and butterfat overage assigned to each class pursuant to § 1000.44(a)(11) by the respective skim milk and butterfat prices applicable at the location of the pool plant; (c) Multiply the difference between the Class IV price for the preceding month and the current month's Class I, II, or III price, as the case may be, by the hundredweight of skim milk and butterfat subtracted from Class I, II, or III, respectively, pursuant to § 1000.44(a)(7) and the corresponding step of § 1000.44(b); (d) Multiply the difference between the Class I price applicable at the location of the pool plant and the Class IV price by the hundredweight of skim milk and butterfat assigned to Class I pursuant to § 1000.43(d) and the hundredweight of skim milk and butterfat subtracted from Class I pursuant to § 1000.44(a)(3)(i) through (vi) and the corresponding step of § 1000.44(b), excluding receipts of bulk fluid cream products from a plant regulated under other Federal orders and bulk concentrated fluid milk products from pool… | |||||
| 7:7:9.1.1.1.4.1.31.35 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.61 Computation of uniform prices. | AMS | [64 FR 47960, Sept. 1, 1999, as amended at 65 FR 82835, Dec. 28, 2000] | On or before the 11th day of each month, the market administrator shall compute a uniform butterfat price, a uniform skim milk price, and a uniform price for producer milk receipts reported for the prior month. The report of any handler who has not made payments required pursuant to § 1005.71 for the preceding month shall not be included in the computation of these prices, and such handler's report shall not be included in the computation for succeeding months until the handler has made full payment of outstanding monthly obligations. (a) Uniform butterfat price. The uniform butterfat price per pound, rounded to the nearest one-hundredth cent, shall be computed by: (1) Multiplying the pounds of butterfat in producer milk allocated to each class pursuant to § 1000.44(b) by the respective class butterfat prices; (2) Adding the butterfat value calculated in § 1005.60(e) for other source milk allocated to Class I pursuant to § 1000.43(d) and the steps of § 1000.44(b) that correspond to § 1000.44(a)(3)(i) and § 1000.44(a)(8) by the Class I price; and (3) Dividing the sum of paragraphs (a)(1) and (a)(2) of this section by the sum of the pounds of butterfat in producer milk and other source milk used to calculate the values in paragraphs (a)(1) and (a)(2) of this section. (b) Uniform skim milk price. The uniform skim milk price per hundredweight, rounded to the nearest cent, shall be computed as follows: (1) Combine into one total the values computed pursuant to § 1005.60 for all handlers; (2) Add an amount equal to the minus location adjustments and subtract an amount equal to the plus location adjustments computed pursuant to § 1005.75; (3) Add an amount equal to not less than one-half of the unobligated balance in the producer-settlement fund; (4) Subtract the value of the total pounds of butterfat for all handlers. The butterfat value shall be computed by multiplying the sum of the pounds of butterfat in producer milk and other source milk used to calculate the values in paragraphs (a)(1) and (a)(2) of … | |||||
| 7:7:9.1.1.1.4.1.31.36 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.62 Announcement of uniform prices. | AMS | On or before the 11th day after the end of the month, the market administrator shall announce the uniform prices for the month computed pursuant to § 1005.61. | ||||||
| 7:7:9.1.1.1.4.1.32.37 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.70 Producer-settlement fund. | AMS | See § 1000.70. | ||||||
| 7:7:9.1.1.1.4.1.32.38 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.71 Payments to the producer-settlement fund. | AMS | Each handler shall make a payment to the producer-settlement fund in a manner that provides receipt of the funds by the market administrator no later than the 12th day after the end of the month (except as provided in § 1000.90). Payment shall be the amount, if any, by which the amount specified in paragraph (a) of this section exceeds the amount specified in paragraph (b) of this section: (a) The total value of milk of the handler for the month as determined pursuant to § 1005.60; and (b) The sum of the value at the uniform prices for skim milk and butterfat, adjusted for plant location, of the handler's receipts of producer milk; and the value at the uniform price, as adjusted pursuant to § 1005.75, applicable at the location of the plant from which received of other source milk for which a value is computed pursuant to § 1005.60(e). | ||||||
| 7:7:9.1.1.1.4.1.32.39 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.72 Payments from the producer-settlement fund. | AMS | No later than one day after the date of payment receipt required under § 1005.71, the market administrator shall pay to each handler the amount, if any, by which the amount computed pursuant to § 1005.71(b) exceeds the amount computed pursuant to § 1005.71(a). If, at such time, the balance in the producer-settlement fund is insufficient to make all payments pursuant to this section, the market administrator shall reduce uniformly such payments and shall complete the payments as soon as the funds are available. | ||||||
| 7:7:9.1.1.1.4.1.32.40 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.73 Payments to producers and to cooperative associations. | AMS | [64 FR 47960, Sept. 1, 1999, as amended at 65 FR 32010, May 22, 2000] | (a) Each handler that is not paying a cooperative association for producer milk shall pay each producer as follows: (1) Partial payment. For each producer who has not discontinued shipments as of the 23rd day of the month, payment shall be made so that it is received by the producer on or before the 26th day of the month (except as provided in § 1000.90) for milk received during the first 15 days of the month at not less than 90 percent of the preceding month's uniform price, adjusted for plant location pursuant to § 1005.75 and proper deductions authorized in writing by the producer. (2) Final payment. For milk received during the month, a payment computed as follows shall be made so that it is received by each producer one day after the payment date required in § 1005.72: (i) Multiply the hundredweight of producer skim milk received times the uniform skim milk price for the month; (ii) Multiply the pounds of butterfat received times the uniform butterfat price for the month; (iii) Multiply the hundredweight of producer milk received times the plant location adjustment pursuant to § 1005.75; and (iv) Add the amounts computed in paragraph (a)(2)(i), (ii), and (iii) of this section, and from that sum: (A) Subtract the partial payment made pursuant to paragraph (a)(1) of this section; (B) Subtract the deduction for marketing services pursuant to § 1000.86; (C) Add or subtract for errors made in previous payments to the producer; and (D) Subtract proper deductions authorized in writing by the producer. (b) One day before partial and final payments are due pursuant to paragraph (a) of this section, each handler shall pay a cooperative association for milk received as follows: (1) Partial payment to a cooperative association for bulk milk received directly from producers' farms. For bulk milk (including the milk of producers who are not members of such association and who the market administrator determines have authorized the cooperative association to collect payment for their milk) received during… | |||||
| 7:7:9.1.1.1.4.1.32.41 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.74 [Reserved] | AMS | |||||||
| 7:7:9.1.1.1.4.1.32.42 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.75 Plant location adjustments for producer milk and nonpool milk. | AMS | For purposes of making payments for producer milk and nonpool milk, a plant location adjustment shall be determined by subtracting the Class I price specified in § 1005.51 from the Class I price at the plant's location. The difference, plus or minus as the case may be, shall be used to adjust the payments required pursuant to §§ 1005.73 and 1000.76. | ||||||
| 7:7:9.1.1.1.4.1.32.43 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.76 Payments by a handler operating a partially regulated distributing plant. | AMS | See § 1000.76. | ||||||
| 7:7:9.1.1.1.4.1.32.44 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.77 Adjustment of accounts. | AMS | See § 1000.77. | ||||||
| 7:7:9.1.1.1.4.1.32.45 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.78 Charges on overdue accounts. | AMS | See § 1000.78. | ||||||
| 7:7:9.1.1.1.4.1.33.46 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.80 Transportation credit balancing fund. | AMS | The market administrator shall maintain a separate fund known as the Transportation Credit Balancing Fund into which shall be deposited the payments made by handlers pursuant to § 1005.81 and out of which shall be made the payments due handlers pursuant to § 1005.82. Payments due a handler shall be offset against payments due from the handler. | ||||||
| 7:7:9.1.1.1.4.1.33.47 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.81 Payments to the transportation credit balancing fund. | AMS | [79 FR 25005, May 2, 2014; 79 FR 26591, May 9, 2014; 89 FR 6403, Feb. 1, 2024] | (a) On or before the 12th day after the end of the month (except as provided in § 1000.90 of this chapter), each handler operating a pool plant and each handler specified in § 1000.9(c) of this chapter shall pay to the market administrator a transportation credit balancing fund assessment determined by multiplying the pounds of Class I producer milk assigned pursuant to § 1005.44 by $0.30 per hundredweight or such lesser amount as the market administrator deems necessary to maintain a balance in the fund equal to the total transportation credits disbursed during the prior June—February period. In the event that during any month of the June-February period the fund balance is insufficient to cover the amount of credits that are due, the assessment should be based upon the amount of credits that would had been disbursed had the fund balance been sufficient. (b) The market administrator shall announce publicly on or before the 23rd day of the month (except as provided in § 1000.90) the assessment pursuant to paragraph (a) of this section for the following month. | |||||
| 7:7:9.1.1.1.4.1.33.48 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.82 Payments from the transportation credit balancing fund. | AMS | [64 FR 47960, Sept. 1, 1999, as amended at 70 FR 59223, Oct. 12, 2005; 71 FR 62379, Oct. 25, 2006; 73 FR 14161, Mar. 17, 2008; 79 FR 25005, May 2, 2014; 79 FR 26591, May 9, 2014; 89 FR 6403, Feb. 1, 2024] | (a) Payments from the transportation credit balancing fund to handlers and cooperative associations requesting transportation credits shall be made as follows: (1) On or before the 13th day (except as provided in § 1000.90 of this chapter) after the end of each of the months of January and July through December and any other month in which transportation credits are in effect pursuant to paragraph (b) of this section, the market administrator shall pay to each handler that received, and reported pursuant to § 1005.30(a)(7), bulk milk transferred from a plant fully regulated under another Federal order as described in paragraph (c)(1) of this section or that received, and reported pursuant to § 1005.30(a)(8), milk directly from producers' farms as specified in paragraph (c)(2) of this section, a preliminary amount determined pursuant to paragraph (d) of this section to the extent that funds are available in the transportation credit balancing fund. If an insufficient balance exists to pay all of the credits computed pursuant to this section, the market administrator shall distribute the balance available in the transportation credit balancing fund by reducing payments prorata using the percentage derived by dividing the balance in the fund by the total credits that are due for the month. The amount of credits resulting from this initial proration shall be subject to audit adjustment pursuant to paragraph (a)(2) of this section. (2) The market administrator shall accept adjusted requests for transportation credits on or before the 20th day of the month following the month for which such credits were requested pursuant to § 1005.32(a). After such date, a preliminary audit will be conducted by the market administrator, who will recalculate any necessary proration of transportation credit payments for the preceding month pursuant to paragraph (a) of this section. Handlers will be promptly notified of an overpayment of credits based upon this final computation and remedial payments to or from the transportation credi… | |||||
| 7:7:9.1.1.1.4.1.33.49 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.83 Mileage rate for the transportation credit balancing fund. | AMS | [79 FR 25005, May 2, 2014; 79 FR 26591, May 9, 2014; 89 FR 6404, Feb. 1, 2024] | (a) The market administrator shall compute a mileage rate each month as follows: (1) Compute the simple average rounded to three decimal places for the most recent four (4) weeks of the Diesel Price per Gallon as reported by the Energy Information Administration of the United States Department of Energy for the Lower Atlantic and Gulf Coast Districts combined. (2) From the result in paragraph (a)(1) of this section subtract $2.26 per gallon; (3) Divide the result in paragraph (a)(2) of this section by 6.2, and round down to three decimal places to compute the fuel cost adjustment factor; (4) Add the result in paragraph (a)(3) of this section to $3.67; (5) Divide the result in paragraph (a)(4) of this section by 497; (6) Round the result in paragraph (a)(5) of this section down to five decimal places to compute the mileage rate. (b) The market administrator shall announce publicly on or before the 23rd day of the month (except as provided in § 1000.90 of this chapter) the mileage rate pursuant to paragraph (a) of this section for the following month. | |||||
| 7:7:9.1.1.1.4.1.33.50 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.84 Distributing plant delivery credits. | AMS | [89 FR 6404, Feb. 1, 2024] | (a) Distributing plant delivery credit fund. The market administrator shall maintain a separate fund known as the Distributing Plant Delivery Credit Fund into which shall be deposited the payments made by handlers pursuant to paragraph (b) of this section and out of which shall be made the payments due handlers pursuant to paragraph (d) of this section. Payments due a handler shall be offset against payments due from the handler. (b) Payments to the distributing plant delivery credit fund. On or before the 12th day after the end of the month (except as provided in § 1000.90 of this chapter), each handler operating a pool plant and each handler specified in § 1000.9(c) of this chapter shall pay to the market administrator a distributing plant delivery credit fund assessment determined by multiplying the pounds of Class I producer milk assigned pursuant to § 1005.44 by a per hundredweight assessment rate of $0.60 or such lesser amount as the market administrator deems necessary to maintain a balance in the fund equal to the total distributing plant delivery credit disbursed during the prior calendar year. If the distributing plant delivery credit fund is in an overfunded position, the market administrator may completely waive the distributing plant delivery credit assessment for one or more months. In determining the distributing plant delivery credit assessment rate, in the event that during any month of that previous calendar year the fund balance was insufficient to cover the amount of credits that were due, the assessment should be based upon the amount of credits that would have been disbursed had the fund balance been sufficient. (c) Assessment rate announcement. The market administrator shall announce publicly on or before the 23rd day of the month (except as provided in § 1000.90 of this chapter), the assessment rate per hundredweight pursuant to paragraph (b) of this section for the following month. (d) Payments from the distributing plant delivery credit fund. Payments from the distributing pla… | |||||
| 7:7:9.1.1.1.4.1.34.51 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.85 Assessment for order administration. | AMS | [79 FR 25002, May 2, 2014; 79 FR 26591, May 9, 2014] | On or before the payment receipt date specified under § 1005.71, each handler shall pay to the market administrator its pro rata share of the expense of administration to the order at a rate specified by the market administrator that is no more than $.08 per hundredweight with respect to: (a) Receipts of producer milk (including the handler's own production) other than such receipts by a handler described in § 1000.9(c) of this chapter that were delivered to pool plants of other handlers; (b) Receipts from a handler described in § 1000.9(c) of this chapter; (c) Receipts of concentrated fluid milk products from unregulated supply plants and receipts of nonfluid milk products assigned to Class I use pursuant to § 1000.43(d) of this chapter and other source milk allocated to Class I pursuant to § 1000.44(a)(3) and (8) of this chapter and the corresponding steps of § 1000.44(b) of this chapter, except other source milk that is excluded from the computations pursuant to § 1005.60(d) and (e); and (d) Route disposition in the marketing area from a partially regulated distributing plant that exceeds the skim milk and butterfat subtracted pursuant to § 1000.76(a)(1)(i) and (ii) of this chapter. | |||||
| 7:7:9.1.1.1.4.1.34.52 | 7 | Agriculture | X | 1005 | PART 1005—MILK IN THE APPALACHIAN MARKETING AREA | Subpart—Order Regulating Handling | § 1005.86 Deduction for marketing services. | AMS | See § 1000.86. |
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