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The following definitions apply in subchapter 5 unless the context otherwise requires:

(1) "Excess milk over quota" means milk received from a producer that is over his established quota. This milk is priced as excess milk.

(2) "Nonpool milk" means any milk received or marketed by a pool handler, other than pool milk.

(3) "Nonpool plant" means any milk processing, packaging, or receiving plant which is not a pool plant.

(4) "Pool area" includes all territory within the borders of the state of Montana.

(5) "Pool dairyman" means any dairy farmer, except a producer handler who produces milk, within the state of Montana, which is marketed to or through a pool handler.

(6) "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 Milk Control Bureau for the marketing of milk produced by pool dairymen.

(7) "Pool milk" means all of the milk produced by pool dairymen, under licenses issued by the Milk Control Bureau, which is received at pool plants or marketed to a nonpool plant by a pool handler.

(8) "Pool plant" means any milk plant located within the pool area which is approved by the Montana Department of Livestock and licensed by the Milk Control Bureau for the receipt and disposition of grade 'A' milk at which grade 'A' milk is received and/or processed during the month.

(9) "Pool settlement reserve" means a reserve fund of money belonging to pool dairymen which the administrator shall retain on a revolving basis for the purpose of receiving monies from or in paying monies to pool handlers, as provided in 81-23-302(14), MCA.

(10) "Producer handler" means any person who operates a dairy farm, and produces milk on such farm, which milk is received and processed and/or packaged in a milk plant operated by such person, and disposed of to retail or wholesale outlets in the pool area during the month, provided that the producer handler receives no dairy products in fluid form during the month from another person, except for milk and/or fluid milk products of 2500 pounds, or 5% of the producer handler's class I milk dispositions, whichever is less.

(11) "Quota price" means the weighted average price for all quota milk testing 3.5% butterfat as computed for the month by the pool administrator in accordance with the procedures specified in ARM 32.24.513.

(12) "Surplus milk in quota" means the milk utilized at all pool plants was less than the amount of the total combined quota of all pool producers. This milk is priced as quota milk.

(13) "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 dairymen and disposed of or utilized during the month, such sum to be computed, using the class prices therefore and the classification thereof, as established pursuant to ARM 32.23.102, and subject to any interplant hauling, reclassification, or other charges or credits which are established under rules of the Milk Control Bureau.

History: 81-23-302, MCA; IMP, 81-23-302, MCA; NEW, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1995 MAR p. 470, Eff. 3/31/95; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2000 MAR p. 78, Eff. 1/14/00; AMD, 2009 MAR p. 2258, Eff. 11/26/09.

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