Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 60 - MAINE MILK POOL - OPERATION
Section 001-60-III-A - Initial Payment and Pool Payment - Over- order Premium
Current through 2024-38, September 18, 2024
A. No later than the 17th day after the end of each month, the Pool Administrator shall advise each Maine market dealer, with respect to milk subject to the price control authority of the Maine Milk Commission at the producer level, of the price per hundredweight payable to Maine market producers and Northern Maine market producers from the over-order premium for milk at 3.5% butterfat set by the Maine Milk Commission for the month, and the dealer's own utilization rate for the month.
B. Each Maine market dealer shall multiply the price calculated under A. by the production of each Maine market producer reported by the dealer under II.A.2.b. and III.A.3.b. and c. For Maine market producers who have designated an eligible marketing cooperative to receive an over-order premium, the dealer shall pay the resulting product to the eligible marketing cooperative. For Maine market producers who have not designated an eligible marketing cooperative to receive an over-order premium, the dealer shall pay the resulting product to the Pool Administrator. Each dealer's payment to an eligible marketing cooperative under this subsection must be made to the cooperative no later than the 19th day after the end of each month. Each dealer's payment to the Pool Administrator under this subsection must be mailed to the Pool Administrator no later than the 20th day after the end of each month.
C. Payments made under this section shall otherwise comply with Title 7, Chapter 603 and rule adopted thereunder, including but not limited to adjustments for butterfat content.
D. Where a Maine market dealer receives milk from individual Maine market producers through a producer which is an agricultural cooperative which buys milk from or handles milk for the individual producers, the dealer may enter into an agreement with the cooperative, subject to the approval of the Pool Administrator, which provides that the cooperative will make the payments required by B. A cooperative which is a party to such an agreement shall comply with all requirements of this rule as to form and time of payment. The existence of an agreement does not relieve the dealer of any obligation under statute or rule, but the agreement may provide for indemnification. Where such an agreement is in force, the Pool Administrator shall provide the information specified in A. to the agricultural cooperative as well as to the dealer.
E. All payments of the over-order premium made into the Pool shall be in the form specified by the Pool Administrator.