§ 1138.8 - Nonpool plant.  


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  • Nonpool plant means any milk or filled milk receiving, manufacturing, or processing plant other than a pool plant. The following categories of nonpool plants are further defined as follows:

    (a) Other order plant means a plant that is fully subject to the pricing and pooling provisions of another order issued pursuant to the Act.

    (b) Producer-handler plant means a plant operated by a producer-handler as defined in any order (including this part) issued pursuant to the Act.

    (c) Partially regulated distributing plant means a distributing plant that does not qualify as a pool plant and is not an other order plant, a governmental agency plant, or a producer-handler plant.

    (d) Unregulated supply plant means a nonpool plant, except an other order plant, a governmental agency plant, or a producer handler plant, from which fluid milk products are moved during the month to a pool plant qualified pursuant to § 1138.7.

    (e) Governmental agency plant means a plant owned and operated by a governmental agency or establishment which processes or packages milk or filled milk that is distributed in the marketing area. Such plant shall be exempt from the pricing and pooling provisions of this order.

    (f) Exempt plant means any plant that has monthly route disposition of 150,000 pounds or less that may be exempt from the pricing and pooling provisions of this order if the handler operating the plant files timely reports as specified by the market administrator and maintains adequate books and records that are made available to the market administrator which will enable determination of the exempt status of such plant.