Page:United States Statutes at Large Volume 49 Part 1.djvu/799

 754 Com mod itie s to which orders applica- ble. Enumeration. Notice and bearing. Finding and issue of order. Terms of orders. Milk and its prod- ucts. Post, p.756. Classification accord- ing to use; minimum price. Price as to handlers ; adjustments. Payment of uniform prices to producers. Proviso. Ap proval of pr oduc- ers. 74TH CONGRESS. SESS. I. CH. 641 . AUGUST 24, 1935. . " COMMODITIES TO WHICH APPLICABLE "(2) Orde rs is sued pursu ant t o thi s sec tion shall be a pplic able only to the following agricultural commodities and the products thereof (except products of naval stores), or to any regional, or market classification of any such commodity or product : Milk, fruits (including pecans and walnuts but not including apples and not including fruits, other than olives, for canning), tobacco, vegetables (not including vegetables, other than asparagus, for canning' ), soy- beans and naval stores as included in the Naval Stores Act and standards established thereunder (including refined or partially refined oleoresin). " NOTICE AND HEARING "(3) Whenever the Secretary of Agriculture has reason to believe tha t the issu ance of an orde r wil l ten d to effec tuate the decla red policy of this title with respect to any commodity or product thereof specified in subsection (2) of this section, he shall give due notice of and an opportunity for a hearing upon a proposed order. " FINDING AN D ISSUANCE OF ORDER "(4) After such notice and opportunity for hearing, the Secretary of Agriculture shall issue an order if he finds, and sets forth in such order, upon the evidence introduced at such hearing (in addi- tion to such other findings as may be specifically required by this section) that the issuance of such order and all of the terms and conditions thereof will tend to effectuate the declared policy of this title with respect to such commodity. " TERM S-MI LK AND ITS PRODUCTS "( 5) In the case of milk and its products, orders issued pursuant to this section shall contain one or more of the following terms and conditions, and (except as provided in subsection (7)) no others "(A) Classifying milk in accordance with the form in which or the purpose for which it is use d, and fixing, or providing a method for fixing, minimum prices for each such use classification which all handlers shall pay, and the time when payments shall be made, for milk purchased from producers or associations of producers . Such prices shall be uniform as to all handlers, subject only to adjustments for (1) volume, market, and production differentials customarily applied by the handlers subject to such order, (2) the grade or quality of the milk purchased, and (3) the locations at which delivery of such milk, or any use classification thereof, is made to such h andlers . P " Provid ing : (i) for the pa yment to all producers and associations of pro- ducers delivering milk to the same handle r of uniform prices for all milk delivered by them : Provided, That, except in the case of orders covering milk products only, such provision is approved or favored by at least three-fourths of the producers who, during a representative period determined by the Secretary of Agriculture, have been engaged in the production for market of milk covered in such order or by producers who, during such representative period, have produced at least three-fourths of the volume of such milk produced for market during such period ; the approval required hereunder shall be separate and apart from any other approval or disapproval provided for by this section ; or