[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: 7CFR1160.215]

[Page 198]
 
                          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.  1160.215  Assessment exemption.

    (a) No assessment shall be required on fluid milk products exported 
from the United States.
    (b) A fluid milk processor described in Sec.  1160.211(a) who 
operates under an approved National Organic Program (NOP) (7 CFR part 
205) system plan; processes only products that are eligible to be 
labeled as 100 percent organic under the NOP; and is not a split 
operation shall be exempt from the payment of assessments.
    (c) To apply for an assessment exemption, a fluid milk processor 
described in Sec.  1160.211(a) shall submit a request for exemption to 
the Board on a form provided by the Board at any time initially and 
annually thereafter on or before July 1 as long as the fluid milk 
processor continues to be eligible for the assessment exemption.
    (d) The request shall include the following: The fluid milk 
processor's name and address, a copy of the organic farm or organic 
handling operation certificate provided by a USDA-accredited certifying 
agent as defined in section 2103 of the Organic Foods Production Act of 
1990 (7 U.S.C. 6502), a signed certification that the applicant meets 
all of the requirements specified in paragraph (b) of this section for 
an assessment exemption, and such other information as may be required 
by the Board and with the approval of the Secretary.
    (e) The Board will grant an assessment exemption to any fluid milk 
processor meeting the criteria in Sec.  1160.215(b) and issue a 
Certificate of Exemption to the fluid milk processor. For exemption 
requests received on or before August 15, 2005, the Board will have 60 
days to approve the exemption request; after August 15, 2005, the Board 
will have 30 days to approve the exemption request. If the application 
is disapproved, the Board will notify the applicant of the reason(s) for 
disapproval within the same timeframe.
    (f) The exemption will apply not later than the last day of the 
month following the Certificate of Exemption issuance date.

[70 FR 2754, Jan. 14, 2005]

               Promotion, Consumer Education and Research