milk is received from producers to the plant where such milk is loaded on wholesale and retail routes. Class II-$2.00 per hundredweight. Class III milk-The price per hundredweight which shall be calculated by the Market Administrator as follows: Multiply by 4 the average price per pound of 92-score butter at wholesale in the Chicago market, as reported by the United States Department of Agriculture for the delivery period during which such milk is delivered, and add 30 percent thereof: Provided, That for a quantity of class III milk not to exceed 10 percent of the class I and class II milk delivered by producers and new producers the price shall be the average price per pound of 92-score butter at wholesale in the Chicago market, as reported by the United States Department of Agriculture for the delivery period during which such milk is delivered, plus 3 cents, multiplied by 4. (b) Computation of value of milk for each handler. For each delivery period, the Market Administrator shall compute the value of milk which each handler has received from producers, new producers, or an association of producers as follows: (1) Multiply the hundredweight of milk in each class, computed in accordance with § 922.5 (d), by the respective class price for 4-percent milk: Provided, That, if the average butterfat test of milk received from producers by such handler is more than 4 percent, there shall be added to the respective class I and class II prices for 4-percent milk, 4 cents per hundredweight, and to the class III price for 4-percent milk, there shall be added an amount equal to 40 of the class III price for each 10 of 1 percent of average butterfat content above 4 percent; and, if the average butterfat content of milk received from producers by such handler is less than 4 percent, there shall be subtracted from the class I and class II prices for 4-percent milk, 4 cents per hundredweight, and from the class III price for 4-percent milk there shall be subtracted an amount equal to 40 of the class III price, for each 10 of 1 percent of average butterfat content below 4 percent. (2) Add together the resulting amounts. (3) If, in the verification of reports from handlers, the Market Administrator discovers errors in the reports submitted by any handler or errors in payments to producers or new producers for any previous delivery periods, there shall be added or subtracted, as the case may be, the amount of money necessary to correct any such errors. (c) Notification to each handler of value of milk. On or before the 13th day after the close of each delivery period, the Market Administrator shall bill each handler for the value of milk computed in accordance with paragraph (b) of this section.*t [Art. V] 922.7 Determination and announcement of values and prices(a) Computation of uniform price. The Market Administrator shall compute the uniform price per hundredweight of milk delivered during each delivery period as follows: (1) Add together values of milk, as computed in § 922.6 (b) for each handler who made the payments required by § 922.8. **For statutory and source citations, see note to § 922.1. Page 208 (2) Subtract from this sum the total amount to be paid pursuant to § 922.9 (a) (2). (3) Subtract, if the average test of all milk is greater than 4 percent butterfat, or add, if the average test of such milk is less than 4 percent, an amount computed as follows: Multiply the total hundredweight of milk by the variance of such average test from 4 percent, and multiply the resulting amount by $0.40. (4) Add the cash balance, if any, in the settlement fund. (5) Divide by the total hundredweight of milk received from producers other than the milk represented by the amount subtracted in subparagraph (2) of this paragraph. (6) Subtract the fraction of a cent, if any. (b) Announcement of price. On or before the beginning of the following delivery period, the Market Administrator shall notify each handler of the uniform price for milk and of the price for milk delivered by new producers and shall make public announcement of the computation of the uniform price.*t [Art. VI] 922.8 Payments for milk-(a) Payment to producers. On or before the fifth day after the end of each delivery period, each handler shall pay each producer and new producer, from whom he has received milk, $1.00 per hundredweight for all milk delivered during the delivery period. (b) Payment to producer-settlement fund. On or before the 17th day after the end of each delivery period, each handler shall pay to the Market Administrator a check in the amount of the value of milk billed to him for said delivery period, pursuant to § 922.6 (c), less the amount paid out in accordance with paragraph (a) of this section, and less the amount of the deductions, and charges itemized on his producer pay roll. The Market Administrator shall maintain a separate fund known as the producer-settlement fund, in which he shall deposit all checks of handlers received pursuant to this paragraph. [Art. VII] 922.9 Payments to producers from producer-settlement fund(a) Calculation of payments for each producer. For each delivery period the Market Administrator shall calculate the payment due each producer and new producer who delivered milk during said delivery period to a handler, who paid into the producer-settlement fund in accordance with § 922.8, as follows: (1) Multiply the hundredweight of milk delivered by each producer by the uniform price computed in accordance with § 922.7 (a); Provided, That if such milk is of an average butterfat content other than 4 percent, there shall be added or subtracted for each onetenth of 1 percent variance above or below 4 percent, 4 cents per hundredweight; (2) Multiply the total hundredweight of milk delivered by each new producer during said delivery period by the class III price; Provided, That if such milk is of an average butterfat content other than 4 percent, there shall be added or subtracted for each 10 of 1 percent variance above or below 4 percent, an amount per hundredweight equal to 140 of the class III price; Page 204 **For statutory and source citations, see note to § 922.1. (3) Subtract, in each case, the amount of the advance payment made pursuant to § 922.8 (a), the charges and the deductions, if any, which have been made by the handler against each producer and new producer. (b) Payments. On or before the 20th day after the end of each delivery period, the Market Administrator shall pay to each cooperative association, authorized to receive payments due producers who market their milk through such association, or to an agent designated by such cooperative to receive such payments, the aggregate of payments calculated pursuant to paragraph (a) of this section, for all producers and new producers certified to the Market Administrator by such association as having authorized such association to receive such payments, and shall pay direct to each producer and new producer who has not been certified as having authorized such association to receive such payments the amount of the payment calculated pursuant to paragraph (a) of this section.** [Art. VIII] 922.10 Expenses of administration; payment by handlers. As his pro rata share of the expenses which the Secretary finds will be necessarily incurred in the maintenance and functioning of the office of the Market Administrator, each handler shall, with respect to all milk received from producers and new producers or produced by him during the delivery period, pay to the Market Administrator on or before the 17th day after the end of each delivery period that amount per hundredweight, subject to review by the Secretary and not to exceed 2 cents per hundredweight, which is announced on or before the 13th day after the end of each delivery period by the Market Administrator.** [Art. IX] 922.11 Amendment, suspension, and termination—(a) Effect of amendment, suspension, or termination. The amendment, suspension, or termination of any or all of the provisions of this part shall not affect, waive, or terminate any right, duty, obligation, violation, or liability which shall have arisen, or may thereafter arise, in connection with any of the provisions herein. (b) Power of the Market Administrator to liquidate. Upon the suspension or termination of this part, the powers and duties of the Market Administrator shall be continued for the purpose of permitting the Market Administrator then functioning, or such other person as the Secretary may designate, to: (1) Reduce all assets to cash, (2) pay all costs of liquidation, (3) distribute all remaining cash on hand to the parties entitled to receive the same, and (4) ship all books and records to the Secretary for filing.*t [Art. X] 922.12 Liability of handlers. The liability of the handlers hereunder is several and not joint and no handler shall be liable for the default of any other handler.** [Art. XI] AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS: See Army: War Department, 10 CFR Chapter I. AIDS, GIFTS, GRANTS, AND DONATIONS; CORPORATE HISTORY: See Transportation and Railroads, 49 CFR Part 150. AIDS TO NAVIGATION: See Navigation and Navigable Waters, 83 CFR Part 402. **For statutory and source citations, see note to § 922.1. Page 205 AIR MAIL: See Civil Aviation, 14 CFR Part 90: Postal Service, 39 CFR Chap- AIR NAVIGATION: See Civil Aviation, 14 CFR Chapter I. Panama Canal, AIRCRAFT: See Army: War Department, 10 CFR Chapter II. Civil Aviation, AIRPORTS: See Civil Aviation, 14 CFR Chapter I. Public Lands: Interior De- ALASKA AQUATIC MAMMALS OTHER THAN WHALES: See Wildlife, 50 ALASKA FISHERIES: See Wildlife, 50 CFR Parts 201-229. ALASKA GAME COMMISSION: GUIDES, POISONS, AND LICENSES: See ALASKA GAME REGULATIONS: See Wildlife, 50 CFR Part 91. ALASKA: INDIANS AND OTHER NATIVES: See Indians, 25 CFR Part I. ALASKA: INDIVIDUAL WILDLIFE REFUGES: See Wildlife, 50 CFR Part 30. ALASKA RADIO SERVICES. See Telecommunication, 47 CFR Part 14. ALCOHOL TAX UNIT, ESTABLISHMENT AND DUTIES: See Internal Reve- ALCOHOLIC BEVERAGES: See Intoxicating Liquors, 27 CFR Chapter I. Pan- ALIEN INDIVIDUALS, NONRESIDENT, AND FOREIGN CORPORATIONS, ALIEN PROPERTY BUREAU: See Judicial Administration, 28 CFR Part 4. |