Page:United States Statutes at Large Volume 49 Part 1.djvu/800

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74TH CONGRESS . SESS. I. CH. 641 . AUGUST 24, 1935 .

755 "(ii) for the payment to all producers and associations of pro- P niforo prices irre- d ucers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered ; subject, in either case, only to adjustments for (a) volume, market, Adjustments . and production differentials customarily applied by the handlers subject to such order, (b) the grade or quality of the milk delivered, (c) the locatio ns at which deliv ery of such milk is made, and (d) a further adjustment, equitably to apportion the total value of the milk purcha sed by any handle r, or by all hand lers, among produ cers and associa tions of producer s, on the basis o f their productio n of milk during a representative period of time . "(C) In order to accomplish the purposes set forth in paragraphs equal Ta Total

sd paid eaBred (A) and (B) of this subsection (5), providin g a metho d for mak- milk . ing adjustments in payments, as among handlers (including pro- ducers who are also handlers ), to the end tha t the total sums paid by each handler shall eq ual the value of the milk purchase d by him at the prices fixed in accordance with paragraph (A) hereof . " (D) Providing that, in the case of all milk purchased by handlers produmr a during fie from any producer who did not regularly sell milk during a period of three months of de- 30 days next preceding the effective date of such order for consump- livery . tion in the area covered thereby, payments to such producer, for the period beginning with the first regular delivery by such producer and continuing until the end of two full calendar months following the first clay of the next succeeding calendar month shall be made at the price for the lowest use classification specified in such order, subject to the adjustments s pecified in parag raph (B) of this sub- section (5) . "(E) Providing (i) except as to producers for whom such services tion t producers

v e r i M a o rn veri- • are being rendered by a cooperative marketing association, qualified fication of weights . as provided in paragraph (F) of this subsection (5), for market information to producers and for the verifica tion of weights, sam- pling, and testing of milk purchased from producers, and for making appropriate deductions therefor from payments to producers, and (ii) for assurance of, and security for, the payment by handlers for milk purchased . "(F) Nothing contained in this subsection (5) is intended or shall

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maon- be const rued to prevent a cooperative mar keting associatio n quali- tracts with producers; fied under the provisions of the Act of Congress of February 18, rights continued. 1922, as amended, known as the ` Capper-Volstead Act', engaged in ~•V ool . 42, p .ass; U. S. making collective sales or marketing of milk or its products for the

P 134 producers thereof, from blending the net proceeds of all of its sales in all m arkets in all us e classifications , and making dist ribution thereof to its producers in accordance with the contract between the association and its producers : Pro vided, That it shall not sell milk Pr°ris ~

bIinimu .n sale price . or its products to any handler for use or consumption in any market at prices l ess than the pric es fixed pursuant to paragraph (A) of this subsection (5) for such milk. "(G) No marketing agreement or order applicable to milk and area . on sales its prod ucts in any mark eting area shall prohibit or in an y manner limit, in the case of the products of milk, the marketing in that area of any milk or product thereof produced in any production area in the United States . c . TE RMS-OTHER COMMODIT IeS Te rms of orders . "(6) In the case of fruits (including pecans and walnuts but not com mod iti es gen er- ally . inc ludin g app les an d not incl uding fruit s, ot her t han ol ives, for can- Terms and condi- ning) and their products, tobacco and its products, vegetables (not includin g vegetables, ot her than asparagu s, for canning) a nd their