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PA Bulletin, Doc. No. 97-2107



Hearing for All Milk Marketing Areas To Consider Establishing and Pooling Class I Differentials

[27 Pa.B. 6882]


   Under the Milk Marketing Law (31 P. S. § 700j-101 et seq.), the Milk Marketing Board (Board) will conduct a public hearing for all milk marketing areas on January 23, 1998, commencing at 9 a.m. in Room 202 of the Agriculture Building, 2301 North Cameron Street, Harrisburg, PA.

   The purpose of the hearing is to receive evidence on pooling Class I differentials, as requested by petitioners Land O' Lakes, Inc., and Milk Marketing, Inc. Under its own motion, the Board will also receive evidence on establishing Class I differentials based on marketing conditions in Pennsylvania and on other issues directly related to the possible deregulation of Federal Class I differentials.

   The petitioners, the staff of the Board and other persons on the Board's list of parties for the emergency hearing on pooling the differentials scheduled for December 16, 1997, are deemed to be parties to this hearing. Other persons who wish to present evidence may be added to the Board's list of parties by (1) having their attorney file with the Board on or before January 5, 1998, a notice of appearance substantially in the form prescribed by 1 Pa. Code §  31.25 or (2) if unrepresented by counsel, filing with the Board on or before January 5, 1998, notification of their desire to be included as a party.

   A.  Each party shall file with the Board seven copies and serve on all other parties one copy of the following on or before January 9, 1998:

   (1)  A list of witnesses who will testify for the party. A witness who will be offered as an expert shall be so identified, along with the witness's area or areas of proposed expertise.

   (2)  A statement of the subjects concerning which each witness will testify.

   (3)  Each exhibit to be presented, including testimony to be offered in written form.

   B.  Parties who wish to present rebuttal witnesses or exhibits, or both, shall follow the filing and service procedures set out in paragraph A on or before January 14 , 1998.

   C.  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 January 7, 1998.

   D.  Parties shall have available in the hearing room at least 20 copies of the exhibits referenced in paragraphs A and B for distribution to nonparties attending the hearing.

   E.  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 and 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.

   The Board may exclude witnesses or exhibits of a party that fails to comply with the foregoing requirements.

   The Board has determined that the following evidence is essential to developing a complete hearing record. This list is not intended to be obligatory on all parties, to be inclusive or to discourage parties from presenting additional relevant evidence.

   1.  Evidence of marketing conditions, specific to Pennsylvania or to areas within Pennsylvania, that should determine the level of the Class I differentials--for example, supply and demand characteristics, cost of production, market stability, out-of-State influence.

   2.  Evidence identifying the qualifications of producers for inclusion in a pool, considering in particular whether sales transactions and utilization are in or outside Pennsylvania.

   3.  Evidence identifying the qualifications of dealers for inclusion in a pool, considering in particular whether:

   a.  Only dealers currently pooled under a Federal milk marketing order should qualify.

   b.  All dealers located in Pennsylvania should qualify.

   c.  All dealers purchasing Pennsylvania-produced milk should qualify as long as the producer-to-dealer sales transaction has taken place in Pennsylvania.

   d.  Requirements or restrictions should be established based on percentage and location (in-State/out-of- State) of Class I utilization.

   4.  Evidence bearing on the precise mechanics of operating a pool, addressing at a minimum:

   a.  Dealer reports, calculation of pool obligations and calculation of distributions.

   b.  Manner of distribution of pool funds by the Board--for example, through distribution to dealers for redistribution to producers or through direct distribution to producers.

   c.  Use of the resources of State agencies other than the Board or use of Federal agency resources for operation of the pool.

   A prehearing conference for all parties will be held at 2 p.m. on January 15, 1998, in Room 110 of the Agriculture Building, 2301 North Cameron Street, Harrisburg. Parties shall come prepared to address requests for the production of documents relied on in formulating their testimony and exhibits.

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

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

Executive Secretary

[Pa.B. Doc. No. 97-2107. Filed for public inspection December 26, 1997, 9:00 a.m.]

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