Administrative Rules of Montana
Department 32 - LIVESTOCK
Chapter 32.24 - BOARD OF MILK CONTROL
Subchapter 32.24.1 - Organizational Rule
Rule 32.24.150 - DEFINITIONS
Current through Register Vol. 6, March 22, 2024
As used in this chapter, unless the context otherwise requires, the following definitions apply:
(1) "Act" or "Milk Control Act" means the milk control laws contained in Title 81, chapter 23, MCA.
(2) "Board" means the Board of Milk Control.
(3) "Bureau" means the Milk Control Bureau of the department.
(4) "Classes of utilization." All milk subject to the Act will be classified by utilization as defined here, regardless of the location of such utilization. For purposes of classification, the ultimate utilization of milk, if unknown, may be presumed to be the reasonably expected utilization of that milk.
(5) "Dairy animal" means a lactating cow.
(6) "Dealer" means a producer, distributor, producer-distributor, jobber, or independent contractor.
(7) "Department" means the Montana Department of Livestock.
(8) "Distributor" means a person purchasing milk from any source, either in bulk or in packages, and distributing it for consumption in this state. The term includes what are commonly known as jobbers and independent contractors. The term does not include a person purchasing milk from a dealer licensed under this chapter for resale over the counter at retail or for consumption on the premises.
(9) "Dumped milk" or "dumped" means or refers to milk that is dumped or otherwise destroyed without further processing or usage and includes skim milk that is dumped after separation.
(10) "Eligible producer" is a producer who is eligible to own quota by the fact that the producer:
(11) "Excess milk" means all the milk received from a pool producer during the month which is in excess of the pool producer's quota milk.
(12) "Excess price" means the weighted average price for all excess milk testing 3.5% butterfat as computed for the month by the bureau as provided for in ARM 32.24.513.
(13) "Farm pickup charges" means the actual freight charges to the producer for transporting milk to a pool plant.
(14) "Fluid cream product" means cream (other than plastic cream or frozen cream), including sterilized cream, or a mixture of cream and milk or skim milk containing 9% or more butterfat, with or without the addition of other ingredients.
(15) "Fluid milk product"
(16) "Hardship" means a casualty, act of nature, or detrimental health of an eligible producer that prevents milk production.
(17) "Hundredweight" or "cwt" means one hundred pounds. A hundredweight is a common measure of weight for milk, particularly raw milk.
(18) "Import jobber" means a distributor who purchases milk already processed and packaged for resale to wholesale and retail customers from a source or sources whose headquarters are geographically located outside the boundaries of Montana.
(19) "Jobber" means any independent business person other than a store, wholesale grocery purchasing organization, or wholesale grocery broker, who has no financial connection with any distributor other than acquiring the distributor's packaged product and distributing and selling the same, and whose business practices and policies are within the jobber's exclusive province to establish, and not subject to any influence or control from the distributor.
(20) "Milk" means the lacteal secretion of a dairy animal, including those secretions when raw, cooled, pasteurized, standardized, homogenized, recombined, concentrated fresh, or otherwise processed.
(21) "Milk price forward contract" means a voluntary agreement between a distributor and a producer to establish a mechanism to adjust a future producer price on a future delivery of milk at a future date, as a means of hedging the future milk price received by the producer.
(22) "New eligible producer" is a producer who is eligible for an assignment of quota as provided for in ARM 32.24.503 because the producer:
(23) "Nonpool milk" means any milk received or marketed by a pool handler, other than pool milk.
(24) "Nonpool plant" means any milk processing, packaging, or receiving plant which is not a pool plant.
(25) "Other source milk" means all milk as defined in the Act that is received in a plant from any source other than a producer licensed under the Act.
(26) "Overage" means that amount by which milk accounted for exceeds plant receipts.
(27) "Plant" means the processing plant of a distributor.
(28) "Plant receipts" means all milk received from producers, other plants, and other sources, inventory, and all additives used in fluid products.
(29) "Pool area" includes all territory within the borders of the state of Montana.
(30) "Pool handler" means any person who operates one or more pool plants, or an association of milk producers which is incorporated as a cooperative association and which has been approved by the bureau for the marketing of milk produced by pool producers.
(31) "Pool milk" means all of the milk produced by pool producers, under licenses issued by the bureau, which is received at pool plants or marketed to a nonpool plant by a pool handler.
(32) "Pool plant" means any milk plant located within the pool area which receives milk from a producer located in Montana and which is licensed by the department and operated by a distributor or a producer-distributor licensed by the bureau. A milk plant operated by a producer-distributor is a pool plant if it receives dairy products in fluid form from another person in excess of 2,500 pounds of milk or 5% of the producer-distributor's Class I milk dispositions in a month, whichever is less.
(33) "Pool producer" means any producer who produces milk within the pool area which is marketed to or through a pool handler.
(34) "Pool settlement fund" means a reserve fund of money belonging to pool producers that the bureau retains on a revolving basis for the purpose of receiving monies from or paying monies to pool handlers, as provided for in 81-23-302(15), MCA.
(35) "Producer" means a person who produces milk for consumption in this state and sells it to a distributor.
(36) "Producer committee" means the committee provided for in ARM 32.24.506.
(37) "Producer-distributor" means a person both producing and distributing milk for consumption in this state.
(38) "Quota" is a daily figure expressed in pounds of milk that entitles an eligible producer or new eligible producer to receive the quota price for quota milk sold to a pool plant.
(39) "Quota milk" means that share of producer milk received during the month from a pool producer which falls within the limits of a figure computed by multiplying such pool producer's daily quota by the number of days in the month.
(40) "Quota price" means the weighted average price for all quota milk testing 3.5% butterfat as computed for the month by the bureau as provided for in ARM 32.24.513.
(41) "Quota transfer" means a transfer of ownership of all or a minimum portion of an eligible producer's quota.
(42) "Shrinkage" or "shrink" means that amount by which milk receipts exceed milk otherwise accounted for.
(43) "Surplus":
(44) "Utilization value" means a sum of money computed for each pool handler with respect to the butterfat and skim milk contained in pool milk received from pool producers and disposed of or utilized during the month. The sum is computed, using the class prices and assignment of classes of utilization to the pool milk received, subject to any interplant hauling, reclassification, or other adjustments that are established under rules of the bureau.
AUTH: 81-23-103, 81-23-104, 81-23-302, 81-23-303, 81-23-402, MCA; IMP: 81-23-101, 81-23-103, 81-23-302, 81-23-303, 81-23-402, MCA