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32.24.504    TRANSFER OF QUOTA

(1) Quota is the property of each eligible producer. It may be transferred pursuant to the following terms and conditions:

(a) A quota transfer is defined as a transfer of the ownership of all or a portion of an eligible producer's quota; leasing of quota is prohibited. Quota transfers must be a minimum of 100 pounds a day. If the eligible producer is going out-of-business and his daily balance amount is less than 100 pounds, then that amount may be transferred.

(b) The Milk Control Bureau must be notified in writing by the proposed quota transferor at least seven days prior to the first day of the month during which the transfer is contemplated. Such notice must include the name of the prospective transferee, the effective date of the proposed transfer, and the amount of quota to be transferred. The producer must also notify his pool plant of his transfer. The bureau will notify the producer committee of any proposed transfers.

(c) All quota transfers shall be effective only upon approval by the producer committee. The proposed quota transfer must be bona fide and not for the purpose of evading any provisions of this plan or applicable law.

(d) A quota transfer may be made only to an eligible producer, or one who has been accepted by a pool plant as a producer, not later than the last day of the month during which the transfer is contemplated.

History: 81-23-302, MCA; IMP, 81-23-302, MCA; NEW, 1988 MAR p. 2300, Eff. 10/28/88; AMD, 1989 MAR p. 973, Eff. 7/28/89; AMD, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1990 MAR p. 2110, Eff. 11/30/90; AMD, 1991 MAR p. 1550, Eff. 8/30/91; AMD, 1991 MAR p. 2600, Eff. 12/27/91; AMD, 1992 MAR p. 563, Eff. 3/27/92; TRANS, from Commerce, 1996 MAR p. 456; AMD, 1996 MAR p. 3215, Eff. 12/20/96; AMD, 1997 MAR p. 1662, Eff. 9/23/97; AMD, 2000 MAR p. 78, Eff. 1/14/00; AMD, 2005 MAR p. 2680, Eff. 12/23/05; AMD, 2010 MAR p. 1800, Eff. 9/1/10.

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