[Code of Federal Regulations] [Title 7, Volume 9] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1000.50] [Page 19-21] 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 G_Class Prices Sec. 1000.50 Class prices, component prices, and advanced pricing factors. Class prices per hundredweight of milk containing 3.5 percent butterfat, component prices, and advanced pricing factors shall be as follows. The prices and pricing factors described in paragraphs (a), (b), (c), (e), (f), and (q) of this section shall be based on a weighted average of the most recent 2 weekly prices announced by the National Agricultural Statistical Service (NASS) before the 24th day of the month. These prices shall be announced on or before the 23rd day of the month and shall apply to milk received during the following month. The prices described in paragraphs (g) through (p) of this section shall be based on a weighted average for the preceding month of weekly prices announced by NASS on or before the 5th day of the month and shall apply to milk received during the preceding month. The price described in paragraph (d) of this section shall be derived from the Class II skim milk price announced on or before the 23rd day of the month preceding the month to which it applies and the butterfat price announced on or before the 5th day of the month following the month to which it applies. (a) Class I price. The Class I price per hundredweight, rounded to the nearest cent, shall be 0.965 times the Class I skim milk price plus 3.5 times the Class I butterfat price. [[Page 20]] (b) Class I skim milk price. The Class I skim milk price per hundredweight shall be the adjusted Class I differential specified in Sec. 1000.52 plus the higher of the advanced pricing factors computed in paragraph (q)(1) or (2) of this section. (c) Class I butterfat price. The Class I butterfat price per pound shall be the adjusted Class I differential specified in Sec. 1000.52 divided by 100, plus the advanced butterfat price computed in paragraph (q)(3) of this section. (d) The Class II price per hundredweight, rounded to the nearest cent, shall be .965 times the Class II skim milk price plus 3.5 times the Class II butterfat price. (e) Class II skim milk price. The Class II skim milk price per hundredweight shall be the advanced Class IV skim milk price computed in paragraph (q)(2) of this section plus 70 cents. (f) Class II nonfat solids price. The Class II nonfat solids price per pound, rounded to the nearest one-hundredth cent, shall be the Class II skim milk price divided by 9. (g) Class II butterfat price. The Class II butterfat price per pound shall be the butterfat price plus $0.007. (h) Class III price. The Class III price per hundredweight, rounded to the nearest cent, shall be 0.965 times the Class III skim milk price plus 3.5 times the butterfat price. (i) Class III skim milk price. The Class III skim milk price per hundredweight, rounded to the nearest cent, shall be the protein price per pound times 3.1 plus the other solids price per pound times 5.9. (j) Class IV price. The Class IV price per hundredweight, rounded to the nearest cent, shall be 0.965 times the Class IV skim milk price plus 3.5 times the butterfat price. (k) Class IV skim milk price. The Class IV skim milk price per hundredweight, rounded to the nearest cent, shall be the nonfat solids price per pound times 9. (l) Butterfat price. The butterfat price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS AA Butter survey price reported by the Department for the month less 11.5 cents, with the result multiplied by 1.20. (m) Nonfat solids price. The nonfat solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS nonfat dry milk survey price reported by the Department for the month less 14 cents and multiplying the result by 0.99. (n) Protein price. The protein price per pound, rounded to the nearest one-hundredth cent, shall be computed as follows: (1) Compute a weighted average of the amounts described in paragraphs (n)(1)(i) and (ii) of this section: (i) The U.S. average NASS survey price for 40-lb. block cheese reported by the Department for the month; and (ii) The U.S. average NASS survey price for 500-pound barrel cheddar cheese (38 percent moisture) reported by the Department for the month plus 3 cents; (2) Subtract 16.5 cents from the price computed pursuant to paragraph (n)(1) of this section and multiply the result by 1.383; (3) Add to the amount computed pursuant to paragraph (n)(2) of this section an amount computed as follows: (i) Subtract 16.5 cents from the price computed pursuant to paragraph (n)(1) of this section and multiply the result by 1.572; and (ii) Subtract 0.9 times the butterfat price computed pursuant to paragraph (l) of this section from the amount computed pursuant to paragraph (n)(3)(i) of this section; and (iii) Multiply the amount computed pursuant to paragraph (n)(3)(ii) of this section by 1.17. (o) Other solids price. The other solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS dry whey survey price reported by the Department for the month minus 15.9 cents, with the result multiplied by 1.03. (p) Somatic cell adjustment. The somatic cell adjustment per hundredweight of milk shall be determined as follows: (1) Multiply 0.0005 by the weighted average price computed pursuant to paragraph (n)(1) of this section and round to the 5th decimal place; (2) Subtract the somatic cell count of the milk (reported in thousands) from 350; and [[Page 21]] (3) Multiply the amount computed in paragraph (p)(1) of this section by the amount computed in paragraph (p)(2) of this section and round to the nearest full cent. (q) Advanced pricing factors. For the purpose of computing the Class I skim milk price, the Class II skim milk price, the Class II nonfat solids price, and the Class I butterfat price for the following month, the following pricing factors shall be computed using the weighted average of the 2 most recent NASS U.S. average weekly survey prices announced before the 24th day of the month: (1) An advanced Class III skim milk price per hundredweight, rounded to the nearest cent, shall be computed as follows: (i) Following the procedure set forth in paragraphs (n) and (o) of this section, but using the weighted average of the 2 most recent NASS U.S. average weekly survey prices announced before the 24th day of the month, compute a protein price and an other solids price; (ii) Multiply the protein price computed in paragraph (q)(1)(i) of this section by 3.1; (iii) Multiply the other solids price per pound computed in paragraph (q)(1)(i) of this section by 5.9; and (iv) Add the amounts computed in paragraphs (q)(1)(ii) and (iii) of this section. (2) An advanced Class IV skim milk price per hundredweight, rounded to the nearest cent, shall be computed as follows: (i) Following the procedure set forth in paragraph (m) of this section, but using the weighted average of the 2 most recent NASS U.S. average weekly survey prices announced before the 24th day of the month, compute a nonfat solids price; and (ii) Multiply the nonfat solids price computed in paragraph (q)(2)(i) of this section by 9. (3) An advanced butterfat price per pound, rounded to the nearest one-hundredth cent, shall be calculated by computing a weighted average of the 2 most recent U.S. average NASS AA Butter survey prices announced before the 24th day of the month, subtracting 11.5 cents from this average, and multiplying the result by 1.20. [64 FR 47899, Sept. 1, 1999, as amended at 65 FR 82833, Dec. 28, 2000; 68 FR 7064, Feb. 12, 2003] Effective Date Note: At 71 FR 78334, Dec. 29, 2006, Sec. 1000.50 was amended by revising paragraph (l), (m), (n)(2), (n)(3)(i), (o) and (q)(3), effective Feb. 1, 2007. For the convenience of the user, the revised text is set forth as follows: [Page 21] 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 G_Class Prices Sec. 1000.50 Class prices, component prices, and advanced pricing factors. * * * * * (l) Butterfat price. The butterfat price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS AA Butter survey price reported by the Department for the month, less 12.02 cents, with the result multiplied by 1.20. (m) Nonfat solids price. The nonfat solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS nonfat dry milk survey price reported by the Department for the month, less 15.70 and multiplying the result by 0.99. (n) * * * (1) * * * (2) Subtract 16.82 cents from the price computed pursuant to paragraph (n)(1) of this section and multiply the result by 1.383; (3) * * * (i) Subtract 16.82 cents from the price computed pursuant to paragraph (n)(1) of this section and multiply the result by 1.572; and * * * (o) Other solids price. The other solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS dry whey survey price reported by the Department for the month minus 19.56 cents, with the result multiplied by 1.03. * * * (q) * * * (3) An advanced butterfat price per pound, rounded to the nearest one-hundredth cent, shall be calculated by computing a weighted average of the 2 most recent U.S. average NASS AA Butter survey prices announced before the 24th day of the month, subtracting 12.02 cents from this average, and multiplying the result by 1.20.