§ 1049.14 7 CFR Ch. X (1–1–98 Edition)
(3) or to a plant at which the same or cess of the quantity of skim milk in an a higher uniform price is applicable. equal volume of an unmodified product of the same nature and butterfat con- [58 FR 43514, Aug. 17, 1993] tent. § 1049.14 Other source milk. [58 FR 27841, May 11, 1993] Other source milk means all skim milk and butterfat contained in or rep- § 1049.16 Fluid cream product. resented by: Fluid cream product means cream (a) Receipts of fluid milk products (other than plastic cream or frozen and bulk products specified in cream), including sterilized cream, or a § 1049.40(b)(1) from any source other mixture of cream and milk or skim than producers, or pool plants; milk containing 9 percent or more but- (b) Receipts in packaged form from terfat, with or without the addition of other plants of products specified in other ingredients. § 1049.40(b)(1); (c) Products (other than fluid milk [58 FR 27841, May 11, 1993] products, products specified in § 1049.17 Filled milk. § 1049.40(b)(1), and products produced at the plant during the same month) from Filled milk means any combination of any source which are reprocessed, con- nonmilk fat (or oil) with skim milk verted into, or combined with another (whether fresh, cultured, reconstituted, product in the plant during the month; or modified by the addition of nonfat and milk solids), with or without milkfat, (d) Receipts of any milk product so that the product (including stabiliz- (other than a fluid milk product or a ers, emulsifiers, or flavoring) resembles product specified in § 1049.40(b)(1)) for milk or any other fluid milk product, which the handler fails to establish a and contains less than 6 percent disposition. nonmilk fat (or oil).
§ 1049.15 Fluid milk product. § 1049.18 Cooperative association. (a) Except as provided in paragraph Cooperative association means any co- (b) of this section fluid milk product operative marketing association of means any milk products in fluid or producers which the Secretary deter- frozen form containing less than 9 per- mines, after application by the associa- cent butterfat, that are in bulk or are tion: packaged, distributed and intended to (a) To be qualified under the provi- be used as beverages. Such products in- sions of the Act of Congress of Feb- clude, but are not limited to: Milk, ruary 18, 1922, as amended, known as skim milk, lowfat milk, milk drinks, the ‘‘Capper-Volstead Act’’; buttermilk, and filled milk, including (b) To have full authority in the sale any such beverage products that are of milk of its members and is engaged flavored, cultured, modified with added in making collective sales of or mar- nonfat milk solids, sterilized, con- keting milk or milk 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 § 1049.19 Commercial food processing milk, plain or sweetened evaporated establishment. skim milk, sweetened condensed milk Commercial food processing establish- or skim milk, formulas especially pre- ment means any facility other than a pared for infant feeding or dietary use milk or filled milk plant, to which that are packaged in hermetically bulk fluid milk products and bulk fluid sealed containers, any product that cream products are disposed of, or pro- contains by weight less than 6.5 per- ducer milk is diverted, that uses such cent nonfat milk solids, and whey; and receipts as ingredients in food products (2) The quantity of skim milk in any and has no disposition of fluid milk modified product specified in para- products or fluid cream products other graph (a) of this section that is in ex- than those received in consumer-type
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