§ 1131.73 Payments to producers and to cooperative associations. ( a ) Except as provided in paragraphs (b) and (c) of this section, each handler shall make payment to each producer from whom milk is received during the month as follows: ( 1 ) *Partial Payment.* For each producer who has not discontinued shipments as of the 25th day of the month, payment shall be made so that it is received by the producer on or before the 27th day of each month (except as provided in § 1000.90) for milk received from such producer during the first 15 days of the month at not less than 1.3 times the lowest class price for the preceding month less proper deductions authorized in writing by the producer.
( 2 ) *Final payment.* For milk received during the month, a payment computed as follows shall be made so that it is received by each producer one day after the payment date required in § 1131.72: ( i ) Multiply the hundredweight of producer skim milk received times the uniform skim milk price for the month;
( ii ) Multiply the pounds of producer butterfat received times the uniform butterfat price for the month;
( iii ) Multiply the hundredweight of producer milk received times the plant location adjustment pursuant to § 1131.75; and
( iv ) Add the amounts computed in paragraph (a)(2)(i), (ii), and (iii) of this section, and from that sum: ( A ) Subtract the partial payment made pursuant to paragraph (a)(1) of this section;
( B ) Subtract the deduction for marketing services pursuant to § 1000.86;
( C ) Add or subtract for errors made in previous payments to the producer, subject to approval by the market administrator; and
( D ) Subtract proper deductions authorized in writing by the producer.
( b ) Two days prior to the dates on which partial and final payments are due pursuant to paragraph (a) of this section, each handler shall pay a cooperative association for milk received as follows: ( 1 ) *Partial payment to a cooperative association for bulk milk received directly from producers' farms.* For bulk milk (including the milk of producers who are not members of such association and who the market administrator determines have authorized the cooperative association to collect payment for their milk) received during the first 15 days of the month from a cooperative association in any capacity except as the operator of a pool plant, the payment shall be an amount not less than 1.3 times the lowest class price for the preceding month multiplied by the hundredweight of milk.
( 2 ) *Partial payment to a cooperative association for milk transferred from its pool plant.* For bulk fluid milk products and bulk fluid cream products received during the first 15 days of the month from a cooperative association in its capacity as the operator of a pool plant, the partial payment shall be at the pool plant operator's estimated use value of the milk using the most recent class prices available for skim milk and butterfat at the receiving plant's location.
( 3 ) *Final payment to a cooperative association for milk transferred from its pool plant.* For bulk fluid milk products and bulk fluid cream products received during the month from a cooperative association in its capacity as the operator of a pool plant, the final payment shall be the classified value of such milk as determined by multiplying the pounds of skim milk and butterfat assigned to each class pursuant to § 1000.44 by the class prices for the month at the receiving plant's location, and subtracting from this sum the partial payment made pursuant to paragraph (b)(2) of this section.
( 4 ) *Final payment to a cooperative association for bulk milk received directly from producers' farms.* For bulk milk received from a cooperative association during the month, including the milk of producers who are not members of such association and who the market administrator determines have authorized the cooperative association to collect payment for their milk, the final payment for such milk shall be an amount equal to the sum of the individual payments otherwise payable for such milk pursuant to paragraph (a)(2) of this section.
( c ) If a handler has not received full payment from the market administrator pursuant to § 1131.72 by the payment date specified in paragraph (a) or (b) of this section, the handler may reduce pro rata his payments pursuant to such paragraphs, but by not more than the amount of such underpayment. Payments to producers shall be completed on the next scheduled payment date after receipt of the balance due from the market administrator.
( d ) If a handler claims that a required payment to a producer cannot be made because the producer is deceased or cannot be located, or because the cooperative association or its lawful successor or assignee is no longer in existence, the payment shall be made to the producer-settlement fund. In the event the handler subsequently locates and pays the producer or a lawful claimant, or in the event that the handler no longer exists and a lawful claim is later established, the market administrator shall make the required payment from the producer-settlement fund to the handler or the lawful claimant, as the case may be.
( e ) In making payments to producers pursuant to this section, each pool plant operator shall furnish each producer, except a producer whose milk was received from a cooperative association described in § 1000.9(a) or (c), a supporting statement in such form that it may be retained by the recipient which shall show: ( 1 ) The month, and identity of the producer;
( 2 ) The daily and total pounds and the total pounds of butterfat content of producer milk;
( 3 ) The minimum rate at which payment to the producer is required pursuant to the order in this part;
( 4 ) The rate used in making payments if the rate is other than the applicable minimum rate;
( 5 ) The amount, rate per hundredweight, and nature of each deduction claimed by the handler; and
( 6 ) The net amount of payment to the producer or cooperative association.
[64 FR 48010, Sept. 1, 1999, as amended at 65 FR 32010, May 22, 2000]