C.F.R. » Title 7 » CHAPTER X—AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MILK), DEPARTMENT OF AGRICULTURE › PART 1001—MILK IN THE NORTHEAST MARKETING AREA › subpart ECFRf377b1296c74a53 — Subpart—Order Regulating Handling

7 C.F.R. § 1001.40

Classes of utilization

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See § 1000.40.

Notes of Decisions
Cited in 3 cases, 1985–2003 · leading case: The Organic Cow, Llc, a Vermont Corp. v. Ctr. for New England Dairy Compact Rsch., 335 F.3d 66 (2d Cir. 2003).
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The Organic Cow, Llc, a Vermont Corp. v. Ctr. for New England Dairy Compact Rsch., 335 F.3d 66 (2d Cir. 2003). “See 7 C.F.R. § 1001.40 (1998). Other milk products, in-eluding butter, cheese, and powdered milk, are categorized in classes II and III.”
Crane v. Comm'r of Dep't of Agric., Food & Rural Resources, 602 F. Supp. 280 (D. Me. 1985). “§ 2954(2)(A); 7 C.F.R. § 1001.40 et seq. Thus, if the dealer sells his milk in fluid form for drinking purposes the dealer is required to pay a higher “Class I” price, but if the milk is sold by the dealer for other purposes, such as for cheese or ice cream, the dealer pays a…”
Grant's Dairy, Inc. v. McLaughlin, 20 F. Supp. 2d 112 (D. Me. 1998). “7 C.F.R. §§ 1001.40 -.55. All producers who sell in the Federal market receive a “blend price” for their milk, which is based upon the average use of milk in all classes of utilization by all regulated dealers in the Federal market.”
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