§ 106-814. Dairy Stabilization and Growth Program. - North Carolina Statutes

§ 106‑814.  DairyStabilization and Growth Program.

(a)        On July 1 of eachyear the Board of Agriculture shall set a milk support baseline price. Thebaseline price per hundredweight of milk shall be the average United StatesDepartment of Agriculture Federal Milk Market Order Class I price mover for theprevious 10 years less fifty cents (50¢).

(b)        The Board shalladopt rules implementing the provisions of this Article. The rules shallinclude criteria for eligibility for distributions from the Fund, proceduresfor applications for distributions from the Fund, the method by which theamount of a payment to a producer shall be calculated, and the manner ofpayment to producers.

(c)        Each month theBoard shall determine whether the monthly announced United States Department ofAgriculture Federal Milk Market Order Class I price mover has dropped below thebaseline price set for the year. If the monthly announced Class I price moveris lower than the baseline price, then each producer who meets the requirementsof subsection (f) of this section shall become eligible for a distribution fromthe Fund in an amount equal to the difference between the baseline price andthe monthly announced Class I price mover multiplied by the hundredweight ofmilk sold by the producer for the month.

(d)        Under exceptionalcircumstances, and in the discretion of the Board, the amount of any monthlydistribution as calculated by the formula set forth in subsection (c) of thissection may be increased by an amount not to exceed one dollar ($1.00) perhundredweight of milk sold in that month.

(e)        Distributions shallbe made to eligible producers at least quarterly, unless in the judgment of theBoard the payment amounts are trivial. All payments under the Program aresubject to the availability of funds.

(f)         To be eligible toreceive assistance from the Dairy Stabilization and Growth Fund, a dairy farmershall demonstrate to the satisfaction of the Board that they are in compliancewith the following rules and regulations:

(1)        For Grade A milkproducers, the federal Grade A milk regulations.

(2)        For non‑GradeA producers, Article 26 of Chapter 106 of the General Statutes and the rulesimplementing that Article.

(g)        Farmers who fail todemonstrate compliance with applicable rules and regulations shall becomeineligible for assistance from the Fund until compliance is attained. (2006‑139, s. 1.)