CHAPTER 7 ‑ MILK COMMISSION
SECTION .0100 ‑ GENERAL PROVISIONS
04 NCAC 07 .0101 PURPOSE
04 NCAC 07 .0102 NAME AND ADDRESS
04 NCAC 07 .0103 COMMISSION STAFF
04 NCAC 07 .0104 CORRESPONDENCE AND COMMUNICATION
04 NCAC 07 .0105 COPIES OF MILK COMMISSION LAW AND
RULES
History Note: Authority G.S. 106‑266.6 et seq.;
106‑266.7(c); 106‑266.7(k); 106‑266.8(7);
150B‑11; 150B‑62; Preamble to S.L. 1953, Ch.
1338; Preamble to S.L. 1971, Ch. 779;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. December 1, 1984;
Repealed Eff. May 1, 1991.
SECTION .0200 ‑ ORGANIZATIONAL
RULES
04 NCAC 07 .0201 CHAIRMAN AND VICE CHAIRMAN
04 NCAC 07 .0202 PARLIAMENTARY RULES
04 NCAC 07 .0203 SPECIAL PARLIAMENTARY RULE
04 NCAC 07 .0204 PROCESS AGENT
04 NCAC 07 .0205 SUBPOENAS: OATHS: COMPLAINTS:
AFFIDAVITS
04 NCAC 07 .0206 MEETING SCHEDULE
History Note: Authority G.S. 1A‑1, Rule 4J(4);
106‑266.7(b); 106‑266.7(j); 106‑266.8(5),(6),(7);
150B‑27; 150B‑33;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. May 1, 1991.
SECTION .0300 ‑ PETITIONS: HEARINGS: TEMPORARY RULES:
DECLARATORY RULINGS: CONTESTED CASES
04 NCAC 07 .0301 PETITIONS
04 NCAC 07 .0302 RULE‑MAKING HEARINGS
04 NCAC 07 .0303 TEMPORARY RULES
04 NCAC 07 .0304 DECLARATORY RULINGS
04 NCAC 07 .0305 CONTESTED CASES
History Note: Authority G.S. 106‑266.8(7); 150B‑11;
150B‑12(c); 150B‑16; 150B‑13; 150B‑17; 150B‑23;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 1988; December 1, 1984;
Repealed Eff. May 1, 1991.
SECTION .0400 ‑ PERSONNEL POLICY
04 NCAC 07 .0401 EMPLOYMENT POLICY
04 NCAC 07 .0402 GRIEVANCE PROCEDURE
History Note: Authority G.S. 106‑266.8(7);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Repealed Eff. July 1, 1988.
SECTION .0500 ‑ MARKETING REGULATIONS
04 NCAC 07 .0501 DEFINITIONS
04 NCAC 07 .0502 MARKET AREAS
04 NCAC 07 .0503 DISTRIBUTOR LICENSES
History Note: Filed as a Temporary Amendment Eff.
November 3, 1989 for a period of 180 days to expire
on May 2, 1990;
Filed as a Temporary Amendment Eff. September 20, 1982
for a period of 120 days to expire
on January 18, 1983;
Filed as an Emergency Amendment Eff. June 14, 1976 for a
period of 90 days to expire on
September 11, 1976;
Statutory Authority G.S. 106‑266.6; 106‑266.8(3),(7),(11),(13);
106‑266.9; 106‑266.10;
Eff. February 1, 1976;
Emergency Amendment Made Permanent Eff. September 11,
1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 1989; July 1, 1988; January 18,
1983; February 1, 1979;
ARRC Objection Lodged December 21, 1989;
ARRC Objection Removed January 18, 1990;
Amended Eff. April 1, 1990;
Repealed Eff. May 1, 1991.
04 NCAC 07 .0504 CLASSIFICATION OF MILK
History Note: Filed as a Temporary Repeal Eff.
September 1, 1990 for a period of 180 days to expire on
February 28, 1991;
Filed as a Temporary Amendment [(a)(4)] Eff. September
20, 1982, for a period of 120 days
to expire on January 18, 1983;
Filed as an Emergency Amendment [(a)(1) and (c)] Eff.
June 14, 1976, for a period of 90
days to expire on September 11, 1976;
Statutory Authority G.S. 106‑266.8(3),(7),(10);
Eff. February 1, 1976;
Emergency Amendment [(a)(1) and (c)] made permanent Eff.
September 11, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. November 1, 1989; August 1, 1989; September
1, 1988; January 18, 1983;
Repealed Eff. February 28, 1991.
04 NCAC 07 .0505 RULES OF CLASSIFICATION
History Note: Filed as a Temporary Amendment [(e)(2)]
Eff. September 20, 1982, for a period of 120 days
to expire on January 18, 1983;
Filed as an Emergency Amendment [(e)] Eff. October 20,
1980 for a period of 120 days to
expire on February 16, 1981;
Filed as an Emergency Amendment [(d)(2)] Eff. January 31,
1978 for a period of 120 days
to expire on May 31, 1978;
Statutory Authority G.S. 106‑266.8(3),(7),(10);
Eff. February 1, 1976;
Amended Eff. May 18, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. December 1, 1977; November 1, 1977;
Emergency Amendment [(d)(2)] made permanent Eff. May 25,
1978;
Emergency Amendment [(e)] Expired February 16, 1981;
Amended Eff. August 1, 1983; January 18, 1983; May 1,
1982; February 16, 1981;
Repealed Eff. August 1, 1989.
04 NCAC 07 .0506 DETERMINATION OF EQUALIZATION
PAYMENTS
History Note: Filed as a Temporary Repeal Eff.
September 1, 1990 for a period of 180 days to expire on
February 28, 1991;
Statutory Authority G.S. 106‑266.8(3),(7);
Eff. August 1, 1989;
Repealed Eff. February 28, 1991.
04 NCAC 07 .0507 MINIMUM CLASS PRICES AND BUTTERFAT
DIFFERENTIALS
History Note: Filed as a Temporary Repeal Eff.
September 1, 1990 for a period of 180 days to expire on
February 28, 1991;
Filed as a Temporary Amendment [(a) and (b) (5)] Eff.
August 4, 1986, for a period of 120
days to expire on December 2, 1986;
Filed as a Temporary Amendment [(a), (d) and (i)] Eff.
May 3, 1986, for a period of 120 days
to expire on August 31, 1986;
Filed as a Temporary Amendment [(a), (d) and (i)] Eff.
January 3, 1986, for a period of 120
days to expire on May 3, 1986;
Filed as a Temporary Amendment [(a)] Eff. September 23,
1985, for a period of 120 days to
expire on January 21, 1986;
Filed as a Temporary Amendment [(a), (b)(1)(B),
(b)(2)(B)(ii)(III) and (c)]
Eff. September 13, 1985 for a period of 120 days to
expire on January 11, 1986;
Filed as a Temporary Amendment [(a)] Eff. August 26,
1985, for a period of 120 days to
expire on December 24, 1985;
Filed as a Temporary Amendment [(a)] Eff. December 1,
1984, for a period of 120 days to
expire on March 30, 1985;
Filed as a Temporary Amendment [(a)] Eff. February 13,
1984, for a period of 120 days to
expire on June 12, 1984;
Filed as a Temporary Amendment [(a) and (b)(1)] Eff.
October 1, 1983, for a period of 120
days to expire on January 29, 1984;
Filed as a Temporary Amendment [(a)] Eff. May 12, 1983,
for a period of 120 days to expire
on September 9, 1983;
Filed as a Temporary Amendment [(a)] Eff. May 1, 1983,
for a period of 120 days to expire
on August 29, 1983;
Filed as a Temporary Amendment [(a)] Eff. April 1, 1983,
for a period of 120 days to expire
on July 29, 1983;
Filed as a Temporary Amendment [(a)] Eff. February 28,
1983, for a period of 120 days to
expire on June 28, 1983;
Filed as a Temporary Amendment [(d)(3)(B)(iii)] Eff. May
26, 1982, for a period of 36 days
to expire on July 1, 1982;
Filed as an Emergency Amendment [(a)] Eff. March 18,
1981, for a period of 120 days to
expire on July 16, 1981;
Filed as an Emergency Amendment [(a)] Eff. April 20, 1978,
for a period of 120 days to
expire on August 17, 1978;
Filed as an Emergency Amendment [(a) and (b)(1)] Eff.
April 12, 1978, for a period of 120
days to expire on August 10, 1978;
Filed as an Emergency Amendment [(c)] Eff. June 14, 1976,
for a period of 90 days to expire
on September 11, 1976;
Statutory Authority G.S. 106‑266.8(7),(10);
Eff. February 1, 1976;
Amended Eff. June 1, 1976; May 1, 1976;
Emergency Amendment [(c)] made permanent Eff. September
11, 1976;
Amended Eff. June 1, 1977; December 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 10, 1978; June 1, 1978; December 1,
1977; November 1, 1977;
Emergency Amendment [(a)], Eff. April 20, 1978, and
Emergency Amendment [(b)(1)],
Eff. April 12, 1978, made permanent Eff. August 2, 1978;
Amended Eff. June 1, 1981; June 1, 1980; December 1,
1979; August 1, 1979;
Emergency Amendment [(a)] made permanent with change Eff.
July 1, 1981;
Amended Eff. March 1, 1990; August 1, 1989; July 19,
1988; December 1, 1986;
Repealed Eff. February 28, 1991.
04 NCAC 07 .0508 PLANT SHRINKAGE
04 NCAC 07 .0509 PRODUCER SETTLEMENT FUND
History Note: Filed as a Temporary Repeal Eff.
September 1, 1990 for a period of 180 days to expire on
February 28, 1991;
Statutory Authority G.S. 106‑266.8(3),(7);
Eff. August 1, 1989;
Repealed Eff. February 28, 1991.
04 NCAC 07 .0510 HANDLER AND PRODUCER PAYROLL REPORTS
History Note: Filed as a Temporary Amendment Eff.
September 1, 1990 for a period of 180 days to expire
on February 28, 1991;
Statutory Authority G.S. 106‑266.8(3),(5),(7),(12),(14);
Eff. August 1, 1989;
Amended Eff. February 28, 1991;
Repealed Eff. May 1, 1991.
04 NCAC 07 .0511 UNIFORM CLASS I AND CLASS II PRICES,
POOL OBLIGATION, BLEND PRICE
04 NCAC 07 .0512 COMPUTATION OF SETTLEMENT FUND
AMOUNTS
History Note: Filed as a Temporary Repeal Eff.
September 1, 1990 for a period of 180 days to expire on
February 28, 1991;
Statutory Authority G.S. 106‑266.8(3),(7),(10);
Eff. August 1, 1989;
Repealed Eff. February 28, 1991.
04 NCAC 07 .0513 METHOD OF SETTLEMENT
History Note: Filed as a Temporary Repeal Eff.
September 1, 1990 for a period of 180 days to expire on
February 28, 1991;
Filed as a Temporary Amendment [(f)] Eff. June 1, 1983
for a period of 120 days to expire
on September 29, 1983;
Filed as a Temporary Amendment [(f)] Eff. May 12, 1983
for a period of 120 days to expire
on September 9, 1983;
Statutory Authority G.S. 106‑266.8(3),(7),(10); 106‑266.12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 1989; September 1, 1983; March 1,
1983;
Recodified from .0508 Eff. August 1, 1989;
Repealed Eff. February 28, 1991.
04 NCAC 07 .0514 COMPUTATION OF MILK IN EACH CLASS
History Note: Filed as a Temporary Repeal Eff.
September 1, 1990 for a period of 180 days to expire on
February 28, 1991;
Statutory Authority G.S. 106‑266.8(3),(7),(10);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. August 1, 1989; December 1, 1977;
Recodified from .0506 Eff. August 1, 1989;
Repealed Eff. February 28, 1991.
04 NCAC 07 .0515 FINANCIAL RESPONSIBILITY FOR MILK
RECEIVED BY BULK TANKER
History Note: Filed as a Temporary Repeal Eff.
September 1, 1990 for a period of 180 days to expire on
February 28, 1991;
Statutory Authority G.S. 106‑266.8(3),(7);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from .0509 Eff. August 1, 1989;
Amended Eff. August 1, 1989;
Repealed Eff. February 28, 1991.
04 NCAC 07 .0516 USE AND ESTABLISHMENT OF CLASS I
BASES
History Note: Filed as a Temporary Repeal Eff.
September 1, 1990 for a period of 180 days to expire on
February 28, 1991;
Filed as a Temporary Amendment [(a)(3), (b), (c), (f)(8)]
for a period of 52 days to expire
on March 1, 1982;
Filed as an Emergency Amendment [(e)(8)] Eff. April 12,
1978 for a period of 120 days to
expire on August 10, 1978;
Filed as an Emergency Amendment [(b) and (e)(4)] Eff.
June 8, 1976 for a period of 120 days
to expire on October 6, 1976;
Statutory Authority G.S. 106‑266.8(3),(7);
Eff. February 1, 1976;
Emergency Amendment [(b) and (e)(4)] made permanent Eff.
October 6, 1976;
Readopted Eff. September 29, 1977;
Emergency Amendment [(e)(8)] made permanent Eff. August
2, 1978;
Amended Eff. August 1, 1989; August 1, 1983; March 1,
1982;
Recodified from .0510 Eff. August 1, 1989;
Repealed Eff. February 28, 1991.
04 NCAC 07 .0517 PLANT RECORDS AND INSPECTION OF
RECORDS
History Note: Authority G.S. 106‑266.8(5),(7),(12),(14);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from .0511 Eff. August 1, 1989;
Amended Eff. August 1, 1989;
Repealed Eff. May 1, 1991.
04 NCAC 07 .0518 ASSESSMENT
History Note: : Authority G.S. 106‑266.8(7); 106‑266.11;
106‑266.12;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. July 1, 1983;
Recodified from .0512 Eff. August 1, 1989;
Repealed Eff. May 1, 1991.
04 NCAC 07 .0519 EXEMPTION
History Note: : Authority G.S. 106‑266.6(4); 106‑266.8(7);
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Recodified from .0513 Eff. August 1, 1989;
Repealed Eff. May 1, 1991.
04 NCAC 07 .0520 UNIFORM PROCEDURE FOR DETERMINING
COST
History Note: Authority G.S. 106‑266.8(7),(10)(d),(14);
106‑266.19;
Eff. April 1, 1982;
Recodified from .0514 Eff. August 1, 1989;
Repealed Eff. May 1, 1991.
