[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: 7CFR1033.73] [Page 158-160] TITLE 7--AGRICULTURE CHAPTER X--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Milk) DEPARTMENT OF AGRICULTURE PART 1033_MILK IN THE MIDEAST MARKETING AREA--Table of Contents Subpart_Order Regulating Handling Sec. 1033.73 Payments to producers and to cooperative associations. (a) Each handler shall pay each producer for producer milk for which payment is not made to a cooperative association pursuant to paragraph (b) of this section, as follows: (1) Partial payment. For each producer who has not discontinued shipments as of the date of this partial payment, payment shall be made so that it is received by each producer on or before the 26th day of the month (except as provided in Sec. 1000.90) for milk received during the first 15 days of the month from the producer at not less than the lowest announced class price for the preceding month, less proper deductions authorized in writing by the producer. (2) Final payment. For milk received during the month, payment shall be made so that it is received by each producer no later than the 17th day after the end of the month (except as provided in Sec. 1000.90) in an amount equal to not less than the sum of: (i) The hundredweight of producer milk received times the producer price differential for the month as adjusted pursuant to Sec. 1033.75; (ii) The pounds of butterfat received times the butterfat price for the month; (iii) The pounds of protein received times the protein price for the month; (iv) The pounds of other solids received times the other solids price for the month; (v) The hundredweight of milk received times the somatic cell adjustment for the month; (vi) Less any payment made pursuant to paragraph (a)(1) of this section; (vii) Less proper deductions authorized in writing by such producer and plus or minus adjustments for errors in previous payments to such producer; and (viii) Less deductions for marketing services pursuant to Sec. 1000.86. (b) Payments for milk received from cooperative associations. On or before the day prior to the dates specified in paragraphs (a)(1) and (a)(2) of this section (except as provided in Sec. 1000.90), each handler shall pay to a cooperative association for milk received as follows: [[Page 159]] (1) Partial payment to a cooperative association. For bulk fluid milk/skimmed milk received during the first 15 days of the month from a cooperative association in any capacity, except as the operator of a pool plant, the partial payment shall be equal to the hundredweight of milk received multiplied by the lowest announced class price for the preceding month. (2) Partial payment to a cooperative association for milk transferred from its pool plant. For bulk fluid milk/skimmed milk products received during the first 15 days of the month from a cooperative association in its capacity as the operator of a pool plant, the partial payment shall be at the pool plant operator's estimated use value of the milk using the most recent class prices available at the receiving plant's location. (3) Final payment to a cooperative association for milk transferred from its pool plant. Following the classification of bulk fluid milk products and bulk fluid cream products received during the month from a cooperative association in its capacity as the operator of a pool plant, the final payment for such receipts shall be determined as follows: (i) The hundredweight of Class I skim milk times the Class I skim milk price for the month plus the pounds of Class I butterfat times the Class I butterfat price for the month. The Class I prices to be used shall be the prices effective at the location of the receiving plant; (ii) The pounds of nonfat solids in Class II skim milk by the Class II nonfat solids price; (iii) The pounds of butterfat in Class II times the Class II butterfat price; (iv) The pounds of nonfat solids in Class IV times the nonfat solids price; (v) The pounds of butterfat in Class III and Class IV milk times the butterfat price; (vi) The pounds of protein in Class III milk times the protein price; (vii) The pounds of other solids in Class III milk times the other solids price; (viii) The hundredweight of Class II, Class III, and Class IV milk times the somatic cell adjustment; and (ix) Add together the amounts computed in paragraphs (b)(3)(i) through (viii) of this section and from that sum deduct any payment made pursuant to paragraph (b)(2) of this section; and (4) Final payment to a cooperative association for bulk milk received directly from producers' farms. For bulk milk received from a cooperative association during the month, 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, the final payment for such milk shall be an amount equal to the sum of the individual payments otherwise payable for such milk pursuant to paragraph (a)(2) of this section. (c) If a handler has not received full payment from the market administrator pursuant to Sec. 1033.72 by the payment date specified in paragraph (a) or (b) of this section, the handler may reduce payments pursuant to paragraphs (a) and (b) of this section, but not by more than the amount of the underpayment. The payments shall be completed on the next scheduled payment date after receipt of the balance due from the market administrator. (d) If a handler claims that a required payment to a producer cannot be made because the producer is deceased or cannot be located, or because the cooperative association or its lawful successor or assignee is no longer in existence, the payment shall be made to the producer- settlement fund, and in the event that the handler subsequently locates and pays the producer or a lawful claimant, or in the event that the handler no longer exists and a lawful claim is later established, the market administrator shall make the required payment from the producer- settlement fund to the handler or to the lawful claimant, as the case may be. (e) In making payments to producers pursuant to this section, each handler shall furnish each producer, except a producer whose milk was received from a cooperative association handler described in Sec. 1000.9(a) or (c), a supporting statement in a form that may be retained by the recipient which shall show: (1) The name, address, Grade A identifier assigned by a duly constituted regulatory agency, and payroll number of the producer; [[Page 160]] (2) The daily and total pounds, and the month and dates such milk was received from that producer; (3) The total pounds of butterfat, protein, and other solids contained in the producer's milk; (4) The somatic cell count of the producer's milk; (5) The minimum rate or rates at which payment to the producer is required pursuant to the order in this part; (6) The rate used in making payment if the rate is other than the applicable minimum rate; (7) The amount, or rate per hundredweight, or rate per pound of component, and the nature of each deduction claimed by the handler; and (8) The net amount of payment to the producer or cooperative association. [64 FR 47991, Sept. 1, 1999, as amended at 65 FR 82839, Dec. 28, 2000; 68 FR 7068, Feb. 12, 2003]