Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 60 - MAINE MILK POOL - OPERATION
Section 001-60-I - Definitions
Current through 2024-38, September 18, 2024
1. Blend Price. "Blend Price" means the price of milk per hundredweight computed as the sum of the Class I price multiplied by the percentage of milk sold as Class I milk and the Class II price multiplied by the percentage sold as Class II milk. The blend price shall be separately calculated for the base minimum price and the over-order premium.
1-A. Base minimum price. "Base minimum price" means such part of the minimum Class I and Class II prices established by the Maine Milk Commission pursuant to chapter 603 as corresponds to Class I and Class prices established pursuant to the New England Marketing Order.
2. Boston market dealer. "Boston market dealer" means any dealer as defined in sub-Sec. 4 who purchases milk from producers subject to the price regulations of the New England Milk Marketing order.
3. Boston market producer. "Boston market producer" means any Maine milk producer selling to a dealer subject to the New England Milk Marketing Order, or any agricultural cooperative that buys milk from or handles milk for such a producer and sells it to such a dealer.
4. Dealer. "Dealer" means any person or entity who purchases or receives milk from a producer within the State for processing and sale within or outside of the State.
4-A. Eligible marketing cooperative. "Eligible marketing cooperative" means an association of milk producers organized to negotiate producer prices higher than the minimum producer prices established pursuant to the New England Milk Marketing Order and which the commissioner has determined will not, through its operation, evade, impair or undermine the purposes of this chapter. Notwithstanding Title 4, section 1151, subsection 2 and Title 5, section 10051, subsection 1, the commissioner may revoke the eligible status of a marketing cooperative upon a determination that it has through its operation evaded, impaired or undermined the purposes of this chapter.
5. Individual producer. "Individual producer" means any Maine milk producer which is not an agricultural cooperative, whether operating as a sole proprietorship, partnership, corporation or in any other form.
6. Maine market dealer. "Maine market dealer" means any dealer as defined in sub-sec. 4 who sells milk subject to the price control authority of the Maine Milk Commission.
7. Maine market producer. "Maine market producer" means any Maine milk producer selling to a dealer, marketing milk on the Maine market or any agricultural cooperative that buys milk or handles milk for such a producer and sells it to such a dealer.
8. Maine Milk Pool. "Maine Milk Pool" or "Pool" means the sum of collections as prescribed in 7 M.R.S.A. Sec.3153, from Maine market producers.
9. Milk imported for sale within the state. "Milk imported for sale within the state" means milk produced out of state and imported in bulk.
10. Northern Maine market producer. "Northern Maine market producer" means any Maine market producer located in Aroostook County and Washington County, and that portion of Penobscot County north of and including the minor civil divisions of Medway, T.A.R. 7 AND Long a T.W.P. selling to a dealer marketing milk on the Maine market, or any agricultural cooperative that buys milk or handles milk for such a producer and sells it to such a dealer.
10-A. Over-order premium. "Over-order premium means such part of the minimum Class I and Class II prices established by the Maine Milk Commission pursuant to Chapter 603, as exceeds the applicable Class I and Class 11 prices established pursuant to the New England Marketing Order.
11. Plant price. "Plant price" means the F.O.B. price paid for milk at a milk processing plant, unless milk received at that plant is first collected at a federal order bulk reload station as defined by Part 1001 Federal Milk Order No. 1 in which case the plant price shall mean the price paid for milk at the reload station after deductions for subsequent transportation.
12. Pool Administrator. "Pool Administrator" means the agency responsible for the administration of Title 7, Chapter 611, including administration of the Maine Milk Pool, under an agreement pursuant to 7 M.R.S.A. Section3154(1).
NOTE: The present Pool Administrator is: Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Tel: (207) 287-3741
13. Pool allotment. "Pool allotment" means the amount allotted from the Pool to a dealer or an agricultural cooperative as the representative of individual producers, for payment to individual producers entitled to receive an amount due from pool payments made at the base minimum price.
14. Pool payment. "Pool payment" means the amount payable monthly to the Maine Milk Pool at the base minimum price by or on behalf of one or more Maine milk producers.
15. Pool share. "Pool share" means each Maine and Boston market producer's portion of pool payments made at the base minimum price for a given month.
16. Producer-dealer. "Producer-dealer" means a dealer who himself produces a part or all of his milk or a person who produces milk and sells to a grocery store or dairy products store or similar commercial establishment and shall include an agricultural cooperative comprised solely of dairy farmers that wholly owns and operates its processing facilities, and whose individual members hold a share of that ownership which is in direct proportion to that individual's share of all milk produced by cooperative members for the cooperative, provided that such an agricultural cooperative shall be a "producer-dealer" under this chapter only if it was in existence on January 1, 1986, and had been recognized on or before that date by the commissioner as meeting the criteria established in this subsection.
17. Redistribution rate. "Redistribution rate" means, for a given month, the dollar amount per hundredweight of milk from which the Pool share for Maine and Boston market producers is calculated.
18. Utilization rate. "Utilization rate" means the percentage of milk produced which is utilized as Class I or fluid milk.
