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PA Bulletin, Doc. No. 99-735


Notice of Hearing and Presubmission Schedule; Milk Marketing Area No. 6

[29 Pa.B. 2351]

   Notice is hereby given under the provisions of the Milk Marketing Law (31 P. S. §§ 700j-101--700k-10.1), that the Milk Marketing Board (Board) will conduct a public hearing for Milk Marketing Area No. 6 on July 7, 1999, commencing at 9 a.m. in Room 202 of the Agriculture Building, 2301 North Cameron Street, Harrisburg, PA. If necessary, the hearing will be continued on July 8.

Purpose and scope of the hearing

   The purpose of the hearing is to receive evidence concerning minimum prices milk dealers shall pay to producers for various classes of milk; minimum prices milk dealers shall charge for milk, including prices to be charged to wholesale customers such as stores, restaurants and institutions; discounts; and minimum prices to be charged to consumers for milk sold for consumption off the premises. Evidence will also be received concerning the various types, classifications and containers of fluid milk and milk products; in-store handling costs; reasonable profit margins for milk dealers and stores; and adoption of a cost replacement system, including whether in-store handling costs should be part of that system.

Entries of appearance

   The Area 6 Milk Dealers Association, which petitioned for the hearing, is deemed to be a party, as is the staff of the Board, and their attorneys are deemed to have entered their appearances. Other persons that may be affected by the Board order fixing prices in Area No. 6 may be included on the Board's list of parties by:

   1.  Having their counsel file with the Board, on or before May 10, 1999, a notice of appearance substantially in the form prescribed by 1 Pa. Code § 31.25, which shall identify by name and address the party on whose behalf the appearance is made. Thereafter documents and other written communications required to be served upon or furnished to that party shall be sent to the attorney of record.

   2.  If unrepresented by counsel and wishing to appear on their own behalf under 1 Pa. Code § 31.21, filing with the Board, on or before May 10, 1999, an address to which documents and other written communications required to be served upon them or furnished to them may be sent.

Witnesses, exhibits, presentation of evidence

   The parties shall observe the following requirements for advance filing of witness information and exhibits. The Board may exclude witnesses or exhibits of a party that fails to comply with these requirements. In addition, the parties shall have available in the hearing room at least 20 copies of each document for the use of nonparties attending the hearing.

   1.  On or before June 25, 1999, each party shall file with the Board seven copies and serve on all other parties one copy of:

   a.  A list of witnesses who will testify for the party, along with a statement of the subjects concerning which each witness will testify. A witness who will be offered as an expert shall be so identified, along with the witness's area or areas of proposed expertise.

   b.  Each exhibit to be presented, including testimony to be offered in written form.

   2.  On or before July 2, 1999, each party shall file and serve as set forth in paragraph 1 information concerning rebuttal witnesses and copies of rebuttal exhibits.

   Parties that wish to offer in evidence documents on file with the Board, public documents or records in other proceedings before the Board, or who wish the Board to take official notice of facts, shall comply with, respectively, 1 Pa. Code §§ 35.164, 35.165, 35.167 or 35.173. Whenever these rules require production of a document as an exhibit, copies shall be provided to each Board member and to all other parties; in addition, at least 20 copies shall be available for distribution to nonparties attending the hearing.

Requests for data from Board staff

   Requests by parties for Board staff to provide data pertinent to the hearing shall be made in writing and received in the Board office on or before May 14, 1999.

Board's filing address

   The filing address for the Board is Pennsylvania Milk Marketing Board, Room 110, Agriculture Building, 2301 North Cameron Street, Harrisburg, PA 17110.

   If individuals require this information in an alternate format, call (717) 787-4194 or (800) 654-5984 (PA Relay Service for TDD Users).


[Pa.B. Doc. No. 99-735. Filed for public inspection April 30, 1999, 9:00 a.m.]

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