Section .0100 ‑ General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 04 - commerce/chapter 07 - milk commission (repealed)/chapter 07 rules.html
Published: 2015

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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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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.