Administrative Rules of Montana › Department 32 - LIVESTOCK › Chapter 32.24 - BOARD OF MILK CONTROL › Subchapter 32.24.5 - Quota and Pooling Rules › Rule 32.24.515 - PAYMENTS TO POOL PRODUCERS AND ADJUSTMENT OF ACCOUNTS

Current through Register Vol. 13, July 5, 2024
(1) Each pool producer must be paid twice
				each month by the appropriate pool handler(s) for the pool milk received or
				marketed from such pool producer during the month as follows:
(a) A partial or advance payment
				approximately equal to the value of the pool milk marketed during the first two
				weeks of the month, less one-half of the approximate monthly deductions, must
				be paid to the pool producer, or the pool producer's authorized agent, not
				later than 30 days after the first day of each month. Such payment need not be
				accompanied by an itemized statement.
(b) Payments must be made to each pool
				producer or the pool producer's authorized agent, not later than 15 days after
				the end of the month that the pool producer's milk was received. This payment
				must be based on the appropriate quota price and excess price as adjusted for
				the weighted average butterfat content, and subject to deductions for partial
				payments under (1)(a) and deductions authorized under (1)(c). The payment must
				be accompanied by a statement to each pool producer setting forth the
				information required in (1)(d).
(c)
				Deductions of any kind (other than assessments that are required under
				81-23-105 and
				81-23-202,
				MCA, license fees, mandatory assessments, hauling fees, advance payments made
				pursuant to this section, adjustments to implement milk price forward
				contracts, and audit adjustments) from payments due a pool producer may be made
				only upon written authorization from a pool producer, or, in the case where a
				pool producer is a member of a cooperative, upon formal resolution of the
				cooperative directors at a regular business meeting. A copy of the
				authorization must be retained by the pool handler as part of its permanent
				records.
(d) Payments provided for
				in this section must be accompanied by a statement to each pool producer
				showing each of the following items for the prior month:
(i) name and address of the pool handler
				issuing the statement;
(ii) date of
				statement;
(iii) period for which
				the statement is rendered;
(iv)
				name of the pool producer for whom the statement is intended;
(v) the date, weight, and butterfat test
				result for each receipt of milk during the month;
(vi) the total pounds of milk and weighted
				average butterfat test of milk received from the pool producer for the month
				for which the statement is rendered;
(vii) weight of milk, butterfat, and skim
				received that is within the pool producer's quota;
(viii) weight of milk, butterfat, and skim
				received that is in excess of the pool producer's quota;
(ix) quota butterfat price (to seven decimal
				places) and quota skim price (to seven decimal places);
(x) excess butterfat price (to seven decimal
				places) and excess skim price (to seven decimal places);
(xi) minimum payment required by the bureau
				for quota and excess milk received;
(xii) milk price forward contract adjustment,
				if applicable;
(xiii) amounts paid
				as premiums or bonuses;
(xiv)
				itemization of deductions for advance payments, hauling, assessments, licenses,
				and authorized deductions;
(xv)
				total deductions;
(xvi) audit
				adjustments; and
(xvii) net amount
				due and paid.
(e) On or
				before the 15th day of each month, each pool handler must submit to the bureau
				a copy of the statements described in (1)(d) that were provided to each pool
				producer for the prior month's receipts.