Agricultural Marketing Service, USDA § 1036.30
nonfat milk solids, sterilized, (con- marketing milk or its products for its centrated to not more than 50 percent members; and total milk solids), or reconstituted. (c) To have all of its activities under (b) The term fluid milk product shall the control of its members. not include: (1) Plain or sweetened evaporated § 1036.19 Reload point. milk, plain or sweetened evaporated Reload point means a location at skim milk, sweetened condensed milk which milk moved from a farm in a or skim milk, formulas especially pre- tank truck is transferred to another pared for infant feeding or dietary use tank truck and commingled with other that are packaged in hermetically milk before entering a plant. A reload sealed containers, any product that operation on the premises of a plant contains by weight less than 6.5 per- shall be considered a part of the plant cent nonfat milk solids, and whey; and operation. (2) The quantity of skim milk in any modified product specified in para- § 1036.20 [Reserved] graph (a) of this section that is in ex- cess of the quantity of skim milk in an § 1036.21 Commercial food processing equal volume of an unmodified product establishment. of the same nature and butterfat con- Commercial food processing establish- tent. ment means any facility other than a [58 FR 27823, May 11, 1993] milk or filled milk plant, to which bulk fluid milk products and bulk fluid § 1036.16 Fluid cream product. cream products are disposed of, or pro- Fluid cream product means cream ducer milk is diverted, that uses such (other than plastic cream or frozen receipts as ingredients in food products cream), including sterilized cream, or a and has no disposition of fluid milk mixture of cream and milk or skim products or fluid cream products other milk containing 9 percent or more but- than those received in consumer-type terfat, with or without the addition of packages. Producer milk diverted to other ingredients. commercial food processing establish- ments shall be subject to the same pro- [58 FR 27823, May 11, 1993] visions relating to diversions to plants, § 1036.17 Filled milk. including but not limited to, provisions in §§ 1036.13, 1036.41 and 1036.52. Filled milk means any combination of nonmilk fat (or oil) with skim milk [58 FR 27823, May 11, 1993] (whether fresh, cultured, reconstituted, or modified by the addition of nonfat HANDLER REPORTS milk solids), with or without milkfat, so that the product (including stabiliz- § 1036.30 Reports of receipts and utili- zation. ers, emulsifiers, or flavoring) resembles milk or any other fluid milk product, On or before the 8th day after the end and contains less than 6 percent of each month, reports of receipts and nonmilk fat (or oil). utilization for such month shall be made to the market administrator, in § 1036.18 Cooperative association. the detail and on forms prescribed by Cooperative association means any co- the market administrator, as follows: operative marketing association of (a) Each handler operating a pool producers which the Secretary deter- plant shall report for each of his pool mines after application by the associa- plants: tion: (1) Receipts of skim milk and butter- (a) To be qualified under the provi- fat contained in or represented by: sions of the Act of Congress of Feb- (i) Producer milk, showing in the ruary 18, 1922, known as the ‘‘Capper- case of milk received directly from Volstead Act’’; each producer the pounds of milk, the (b) To have full authority in the sale butterfat and milk protein contained of milk of its members and to be en- in the milk, and the somatic cell count gaged in making collective sales or of the milk;
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