[Code of Federal Regulations]
[Title 7, Volume 9]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1000.25]

[Page 40-41]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER X--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
                 Orders; Milk) DEPARTMENT OF AGRICULTURE
 
PART 1000_GENERAL PROVISIONS OF FEDERAL MILK MARKETING ORDERS--Table 
of Contents
 
       Subpart C_Rules of Practice and Procedure Governing Market 
                             Administrators
 
Sec. 1000.25  Market administrator.


    (a) Designation. The agency for the administration of the order 
shall be a market administrator selected by the Secretary and subject to 
removal at the Secretary's discretion. The market administrator shall be 
entitled to compensation determined by the Secretary.
    (b) Powers. The market administrator shall have the following powers 
with respect to each order under his/her administration:
    (1) Administer the order in accordance with its terms and 
provisions;
    (2) Maintain and invest funds outside of the United States 
Department of the Treasury for the purpose of administering the order;
    (3) Make rules and regulations to effectuate the terms and 
provisions of the order;
    (4) Receive, investigate, and report complaints of violations to the 
Secretary; and
    (5) Recommend amendments to the Secretary.
    (c) Duties. The market administrator shall perform all the duties 
necessary to administer the terms and provisions of each order under 
his/her administration, including, but not limited to, the following:
    (1) Employ and fix the compensation of persons necessary to enable 
him/her to exercise the powers and perform the duties of the office;
    (2) Pay out of funds provided by the administrative assessment, 
except expenses associated with functions for which the order provides a 
separate charge, all expenses necessarily incurred in the maintenance 
and functioning of the office and in the performance of the duties of 
the office, including the market administrator's compensation;
    (3) Keep records which will clearly reflect the transactions 
provided for in the order and upon request by the Secretary, surrender 
the records to a successor or such other person as the Secretary may 
designate;
    (4) Furnish information and reports requested by the Secretary and 
submit office records for examination by the Secretary;
    (5) Announce publicly at his/her discretion, unless otherwise 
directed by the Secretary, by such means as he/she deems appropriate, 
the name of any handler who, after the date upon which the handler is 
required to perform such act, has not:
    (i) Made reports required by the order;
    (ii) Made payments required by the order; or
    (iii) Made available records and facilities as required pursuant to 
Sec. 1000.27;
    (6) Prescribe reports required of each handler under the order. 
Verify such reports and the payments required by the order by examining 
records (including such papers as copies of income tax reports, fiscal 
and product accounts, correspondence, contracts, documents or memoranda 
of the handler, and the records of any other persons that are relevant 
to the handler's obligation under the order), by examining such 
handler's milk handling facilities, and by such other investigation as 
the market administrator deems necessary for the purpose of ascertaining 
the correctness of any report or any obligation under the order. 
Reclassify skim milk and butterfat received by any handler if such 
examination and investigation discloses that the original classification 
was incorrect;

[[Page 41]]

    (7) Furnish each regulated handler a written statement of such 
handler's accounts with the market administrator promptly each month. 
Furnish a corrected statement to such handler if verification discloses 
that the original statement was incorrect; and
    (8) Prepare and disseminate publicly for the benefit of producers, 
handlers, and consumers such statistics and other information concerning 
operation of the order and facts relevant to the provisions thereof (or 
proposed provisions) as do not reveal confidential information.