[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: 7CFR1160.211]

[Page 197]
 
                          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.  1160.211  Assessments.

    (a)(1) Each fluid milk processor shall pay to the Board or its 
designated agent an assessment of $.20 per hundredweight of fluid milk 
products processed and marketed commercially in consumer-type packages 
in the United States by such fluid milk processor. Any fluid milk 
processor who markets milk of its own production directly to consumers 
as prescribed under section 113(g) of the Dairy Production Stabilization 
Act of 1983 (7 U.S.C. 4504(g)), and not exempt under Sec.  1160.108 or 
Sec.  1160.215, shall also pay the assessment under this subpart. The 
Secretary shall have the authority to receive assessments on behalf of 
the Board.
    (2) The Secretary shall announce the establishment of the assessment 
each month in the Class I price announcement in each milk marketing area 
by adding it to the Class I price for the following month. In the event 
the assessment is suspended for a given month, the Secretary shall 
inform all fluid milk processors of the suspension in the Class I price 
announcement for that month. The Secretary shall also inform fluid milk 
processors marketing fluid milk in areas not subject to milk marketing 
orders administered by the Secretary of the establishment or suspension 
of the assessment.
    (3) Each processor responsible for remitting an assessment shall 
remit it to the Board not later than the last day of the month following 
the month that the assessed milk was marketed.
    (b) Such assessments shall not:
    (1) Reduce the prices paid under the Federal milk marketing orders 
issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 
608c), reenacted with amendments by the Agricultural Marketing Agreement 
Act of 1937;
    (2) Otherwise be deducted from the amounts that handlers must pay to 
producers for fluid milk products sold to a processor; or
    (3) Otherwise be deducted from the price of milk paid to a producer 
by a handler, as determined by the Secretary.
    (c) Money remitted to the Board or the Board's designated agent 
shall be in the form of a negotiable instrument made payable to the 
Board or its agent, as the case may be. Processors must mail remittances 
and reports specified in Sec.  Sec.  1160.108, 1160.211(a)(1), 1160.213, 
1160.214, and 1160.401 to the location designated by the Board or its 
agent.

[58 FR 62503, Nov. 29, 1993, as amended at 62 FR 3983, Jan. 28, 1997; 70 
FR 2753, Jan. 14, 2005]