[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: 7CFR1160.108]

[Page 192]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER X--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
                 Orders; Milk) DEPARTMENT OF AGRICULTURE
 
PART 1160_FLUID MILK PROMOTION PROGRAM--Table of Contents
 
                   Subpart_Fluid Milk Promotion Order
 
Sec.  1160.108  Fluid milk processor.

    (a) Fluid milk processor means any person who processes and markets 
commercially fluid milk products in consumer-type packages in the United 
States (excluding fluid milk products delivered directly to the place of 
residence of a consumer), except that the term fluid milk processor 
shall not include in each of the respective fiscal periods those persons 
who process and market not more than 3,000,000 pounds of such fluid milk 
products during the representative month, which shall be the first month 
of the fiscal period.
    (b) Any person who did not qualify as a fluid milk processor for a 
fiscal period because of the 3,000,000-pound limitation shall not later 
qualify as a fluid milk processor during that fiscal period even though 
the monthly volume limitation is later exceeded during that period.
    (c) Any person who qualified as a fluid milk processor for a fiscal 
period and whose monthly marketings of fluid milk products later become 
3,000,000 pounds or less shall no longer qualify as a fluid milk 
processor during that fiscal period beginning with the month in which 
the marketings first dropped below the volume limitation.
    (d) For the purpose of determining qualification as a fluid milk 
processor, each processor of fluid milk products shall report for the 
representative month of each fiscal period the hundredweight of fluid 
milk products processed and marketed by the processor.

[58 FR 62503, Nov. 29, 1993, as amended at 62 FR 3983, Jan. 28, 1997; 67 
FR 49858, Aug. 1, 2002]