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32.24.512    REPORTS AND RECORDS

(1) All milk and its component quantities of skim milk and butterfat received by pool handlers will be classified for the purpose of establishing compliance with minimum producer prices. For the purpose of determining the audit value of milk delivered to a plant under 81-23-302, MCA, all butterfat and skim milk received from pool producers is considered to be utilized by the plant in either Class I, II, or III as indicated by plant processing and sales records. 

(2) On or before the eighth business day after the end of each month, each pool handler must report for such months, to the bureau with respect to the pool plant(s) operated by such handler, and for all pool milk marketed to nonpool plants, on forms provided by the bureau, the following:

(a) the quantities and butterfat content of milk received or marketed from the farms of pool producers during the month, the location of the pool plant where the milk was first received, and the pounds thereof which qualified as quota milk;

(b) the quantities and butterfat and skim milk content of milk and fluid milk products received from other pool plants during the month;

(c) the quantities and butterfat and skim milk content of any other receipts of nonpool milk, the pounds and butterfat and skim milk content of all other dairy products received during the month (except nonfluid milk products disposed of in the form in which received without further processing);

(d) the quantities and butterfat and skim milk content of all inventories of milk and other dairy products on hand in the pool plant at the beginning of the month;

(e) the quantities and butterfat and skim milk content of all milk and milk products disposed of from the pool plant during the month organized by classes of utilization, and in the case of any such products transferred in fluid form to the pool plants of other pool handlers, the quantities and butterfat and skim milk content transferred to another pool plant;

(f) the quantities and butterfat and skim milk content of all milk and other dairy products utilized in the processing or manufacturing of dairy products in the pool plant during the month, together with the same information for the products produced;

(g) the disposition made of any pool milk marketed by the pool handler during the month that was not received at a pool plant and the utilization made of such milk organized by classes of utilization;

(h) the quantities together with the butterfat and skim milk content of inventories of all milk and dairy products on hand in the pool plant at the end of the month;

(i) out-of-state sales (packaged and bulk) showing the quantities and butterfat and skim milk content, organized by the classes of utilization, and showing information necessary to calculate adjustments to the pool handler's utilization value described in ARM 32.24.523 for the sale of surplus milk;

(j) the weight of milk and the transportation charges for shipments of unprocessed pool milk between plants marketed pursuant to ARM 32.24.524;

(k) a copy of each milk price forward contract in effect for the month or any other information applicable to the application of a milk price forward contract for the month; and 

(l) list of producers who have gone out of business during the preceding month.

(3) Each pool handler must maintain complete records and accounts of all pool milk received or marketed, and all other milk and dairy products received at each pool plant, and the use or disposition of such milk and dairy products for each month together with payments received or made therefore, and must retain records of the foregoing transactions and other records as required under the rules of the bureau and present them for audit by the bureau upon request.

(4) When payments to a pool producer are based upon butterfat tests from composite samples, a portion of each composite sample must be retained until the succeeding composite sample is tested.

(5) Each pool handler must maintain a record of butterfat tests of each pool producer's milk covering each pay period and provide each pool producer with each butterfat test result for each receipt of milk from the pool producer. The records must be kept on file for two years and be made available to any authorized agent of the bureau upon request.

(6) The operator of the plant at the Montana State Prison is subject to all records and reporting requirements of this rule for milk utilized at the plant, regardless of whether the plant is a pool plant or whether the plant utilizes pool milk.

 

History: 81-23-104, 81-23-302, 81-23-303, 81-23-402, MCA; IMP, 81-23-302, 81-23-303, 81-23-402, MCA; NEW, 1990 MAR p. 931, Eff. 6/1/90; TRANS, from Commerce, 1996 MAR p. 456; AMD, 2017 MAR p. 1151, Eff. 8/1/17; AMD, 2021 MAR p. 763, Eff. 7/1/21.

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