[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: 7CFR1006.13]

[Page 78-79]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER X--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
                 Orders; Milk) DEPARTMENT OF AGRICULTURE
 
PART 1006_MILK IN THE FLORIDA MARKETING AREA--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec.  1006.13  Producer milk.

    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 Sec.  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 Sec.  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 Sec.  1000.9(c) to a nonpool plant, subject to the following 
conditions:
    (1) In any month, not less than 10 days' production of the producer 
whose milk is diverted is physically received at a pool plant during the 
month;
    (2) The total quantity of milk so diverted during the month by a 
cooperative association shall not exceed 20 percent during the months of 
July through November, 25 percent during the months of December through 
February, and 40 percent during all other months, of the producer milk 
that the cooperative association caused to be delivered to, and 
physically received at, pool plants during the month;
    (3) 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 shall not exceed 20 percent during the months of July 
through November, 25 percent during the months of December through 
February, and 40 percent during all other months, of the producer milk 
physically received at such plant (or such unit of plants in the case of 
plants that pool as a unit pursuant to Sec.  1006.7(d)) during the 
month, excluding the quantity of producer milk received from a handler 
described in Sec.  1000.9(c);
    (4) Any milk diverted in excess of the limits prescribed in 
paragraphs (d) (3) and (4) of this section shall not be producer milk. 
If the diverting handler or cooperative association fails to designate 
the dairy farmers' deliveries that will not be producer milk, no milk 
diverted by the handler or cooperative association shall be producer 
milk;
    (5) Diverted milk shall be priced at the location of the plant to 
which diverted; and
    (6) The delivery day requirements and the diversion percentages in 
paragraphs (d) (1) through (3) of this section may be increased or 
decreased by the market administrator if the market

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administrator finds that such revision is necessary to assure orderly 
marketing and efficient handling of milk in the marketing area. Before 
making such a finding, the market administrator shall investigate the 
need for the revision either on the market administrator's own 
initiative or at the request of interested persons. If the investigation 
shows that a revision might be appropriate, the market administrator 
shall issue a notice stating that the revision is being considered and 
inviting written data, views, and arguments. Any decision to revise an 
applicable percentage must be issued in writing at least one day before 
the effective date.