C.F.R. » Title 7 » CHAPTER X—AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MILK), DEPARTMENT OF AGRICULTURE › PART 1000—GENERAL PROVISIONS OF FEDERAL MILK MARKETING ORDERS › Subpart B—Definitions

7 C.F.R. § 1000.9

Handler

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Handler means:

(a) Any person who operates a pool plant or a nonpool plant.

(b) Any person who receives packaged fluid milk products from a plant for resale and distribution to retail or wholesale outlets, any person who as a broker negotiates a purchase or sale of fluid milk products or fluid cream products from or to any pool or nonpool plant, and any person who by purchase or direction causes milk of producers to be picked up at the farm and/or moved to a plant. Persons who qualify as handlers only under this paragraph under any Federal milk order are not subject to the payment provisions of §§ ____.70, ____.71, ____.72, ____.73, ____.76, and ____.85 of that order.

(c) Any cooperative association with respect to milk that it receives for its account from the farm of a producer and delivers to pool plants or diverts to nonpool plants pursuant to § ____.13 of the order. The operator of a pool plant receiving milk from a cooperative association may be the handler for such milk if both parties notify the market administrator of this agreement prior to the time that the milk is delivered to the pool plant and the plant operator purchases the milk on the basis of farm bulk tank weights and samples.

Notes of Decisions
Cited in 5 cases, 2000–2013 · leading case: Grant's Dairy—Maine, LLC v. Comm'r of Maine Dep't of Agric., Food & Rural Resources, 232 F.3d 8 (1st Cir. 2000).
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Grant's Dairy—Maine, LLC v. Comm'r of Maine Dep't of Agric., Food & Rural Resources, 232 F.3d 8 (1st Cir. 2000). “See 7 C.F.R. §§ 1000.9 , 1001.12. The definitions are unremarkable.”
Carlin v. DairyAmerica, Inc., 705 F.3d 856 (9th Cir. 2012). “In the context of milk 3 and milk products, "handler” is defined in 7 C.F.R. § 1000.9 (2012). . For example, there is no FMMO covering the state of California.”
Gerald Carlin v. Dairyamerica, Inc., 688 F.3d 1117 (9th Cir. 2012). “In the context of milk and milk products, “handler” is defined in 7 C.F.R. § 1000.9 (2012). 4 . For example, there is no FMMO covering the state of California.”
Gerald Carlin v. Dairyamerica, Inc. (9th Cir. 2013). “, dairy farmers) are regulated by what are commonly referred to as Federal Milk Marketing Orders (“FMMOs”) issued by the USDA pursuant to section 8c(5) of the AMAA.”
Lanco Dairy Farms Coop. v. Sec'y of Agric., 572 F. Supp. 2d 633 (D. Maryland 2008). “More specifically, Lanco is a cooperative association that “markets milks for its producer members in the Northeast under the Northeast Milk Marketing Order by deliveries of its members’ milk....” (PL’s Mem.”
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