Evening star., 1933-10-21

aIea 1OllOWo.
The parties to this agreement are
The contracting producers, the contract.
Ing distributors and the Secretary OF
Whereas. pursuant to the act, the
parties hereto, for the purpose Of cor
recting the conditions now obtaining
In the marketing of fluid milk IN the
sales area, desired to enter
into a marketing agreement under the
provisions Of section (2) Of the act;
and,
whereas Maryland & Virginia M.
P. A., Inc, markets more than rs per
cent of the milk distributed and con-
sumed in the washington sales area as
fluid milk, and represents that 1t mas
power and authority to enter
into this agreement; and.
Whereas the contracting distributors
signing this agreement distribute more
than IS per cent of the fluid milk dis
tributed in the washington sales area,
which fluid milk comprises substan-
TALLY all of the milk marketed by the
Maryland & Virginia M. P. A., Inc;
and,
whereas the marketing of milk pro-
duced for distribution in the Washing
ton sales area and the distribution
thereof are in both the current OF
interstate commerce and the current o1
intrastate commerce, which are mex
tricably intermingled,
Schedule Of Prices.
Now, therefore, the parties hereto
agree as follows:
/. The schedule governing the prices
at which, and the terms and conditions
under which, milk shall be sold by the
contracting producers and/or purchased
by the contracting distributors, Shall
be that set forth in exhibit A, which
is attached hereto and made a part
hereof. Such schedule may be changed
by agreement between the contracting
producers and the contracting dlstrlb-
utors, provided that such changes shall
become effective only upon written ap-
proval of the Secretary. Payments to
Dairy Council made pursuant to para
graph S hereof, and payments to Mary
land g. Virginia M. P. A., Inc. made
pursuant to membership agreements
shall, respectively, be deemed part OF
the price paid to producers.
2. The plan governing the market
ing of milk shall be that set forth IN
exhibit B, which is attached hereto
and made a part hereof. Such market
ing plan may be modified by agree
ment between the contracting produc-
ers and the contracting distributors
provided that such notifications shall
become effective only upon the written
approval of the Secretary.
g. The contracting distributors agree
that they shall not purchase from OF
distribute milk of any producer or as
sociation of producers Except milk
sold as certified milk unless such pro-
ducer or association of producers agrees
to participate in the marketing piar
set forth in Exhibit B, and authorizes
the contracting distributors to make
payment in accordance with such mar
keting plan.
Changeable by Agreement.
4. The schedule governing the prices
at which, and the terms and condi.
tions under which fluid milk shall bt
distributed and sold by contracting dis
tributors shall be that set forth ir
exhibit c, which is attached hereto anc
made a part hereof. Such schedule
may be changed by agreement between
the contracting producers and the con-
tracing distributors. provided that such
changes shall becomes effective only
upon the written approval OF the Sec
retary.
s. The contracting distributors agree
that they shall not purchase milk lex
cept milk sold as certified milk from
any producer not a member of the
MARYLAND & Virginia M. P. A., Inc.
unless such producer authorizes the
contracting distributor tc
pay over to Dairy Council the same
amount per cwt. of milk purchased
which the members Of the Maryland
& Virginia M. P. A., Inc, are ther
authorizing the contracting distributors
to pay over to the Maryland & Vir-
ginia M. P. A.. Inc, on behalf OF its
members. The said purchasing con-
tracing distributors shall simultaneous
ly with making payment to such pro-
ducer for milk purchased, make pay
ment as aforesaid to Dairy Council
The sums so paid shall be kept as
a separate fund by Dairy Council fol
the purpose of securing to said pro.
ducers not members of the Maryland
& Virginia M P. A., Inc, advertising
educational, credit loss and other ben
efts similar to those which are Sc
cured by the members Of the Mary
land & Virginia M. P. A., Inc. by
virtue of their like payments to the
Maryland & Virginia M. P. A., Inc
The contracting producers and the
contracting distributors undertake that
Dairy Council shall disburse such
funds for the purpose herinabove pro-
vided and shall keep separate books
and records in form satisfactory te
the Secretary pertaining to such funds
which said books and records shall
be subject to the examination of the
Secretary during the usual hours o.
business, and that Dairy Council shall
from time to time furnish to tht
Secretary such information as the Sec.
retary may require.
(a) Each contracting distributor
agrees to pay over to Dairy Council
on the 18th day Of each month, l/1Ot
per gallon on all class I sales made
during the preceding month, for thu
maintenance of its advertising, educa'
tional and similar functions.
6. The contracting distributors agret
that they will purchase all the mill
(provided it meets all the health re-
quirements provided for In this agree
ment) rendered by all producers with
in the Washington production area WHIT
have established bases.
Accounting Systems.
Z. All producers Of milk not mem.
bers of the Maryland & Virginia M
P. A., Inc, shall be permitted to be-
come members of the Maryland & Vir'
ginia M. P. A., Inc, or any other asso'
ciation of producers which may BE-
come party hereto. on an equal basii
with the existing members similarl!
circumstanced.
8. The contracting producers ant
the contracting distributors shall sew
orally maintain systems of accountint
which shall accurately reflect the tru'
account and condition Of their respec
tive businesses. Their respective book
and records shall, during the usua
hours of business, be subject to tn
examination of the Secretary to assis
him in the furtherance of his dutie
with respect to this agreement, includ
ing verifcaton by the Secretary Of tn
information furnished on the form
hereinafter referred to. The contract
ing producers and contracting distrib
,,fors sho1l Severa1lv from time tn time