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marketing area milk marketing order, that is an amount that is | greater than the amount initially payable of the initial | payment to Maine market producers under section 2954-A, | subsection 2, paragraph A, the commissioner shall credit that | additional amount against the redistribution from the Maine | Milk Pool to which that producer would otherwise be entitled | in order to avoid potential inequities arising from equal | redistribution; |
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| B. If the credit for any producer calculated under | paragraph A against redistribution exceeds the pool payment | due that the producer, that producer shall pay an amount | equal to the difference into the Maine Milk Pool not an | amount equal to exceed the excess or that producer's share | of the cost of promotion, whichever is less. The | commissioner may provide by rule that these amounts shall | must be deducted from future base minimum price pool | payments made under this subsection to that producer or from | over-order premium pool payments due to that producer, or | that these amounts shall be deducted by that producer's | dealer under subsection 5, or from future payments for that | producer's due to that producer for milk and paid over to | the Maine Milk Pool by the dealer; and |
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| C. If the commissioner determines that payments from the | pool will be made to dairies, cooperatives or some other | entity as a representative of producers, then the dairy, | cooperative or other representative shall pay to the | producer the amount owed to that producer within such time | period as shall be is determined by the procedures | established by rule under this subsection. |
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| | Sec. F-32. 7 MRSA §3153, sub-§5, as amended by PL 1987, c. 874, §§3 | and 4, is further amended to read: |
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| | 5. Redistribution of pool; over-order premium. Redistribution | of payments into the pool and the following over-order premiums | apply under subsection 2, paragraph C is governed by this | subsection. |
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| A. Subject to paragraph C, for For any month in which subsection | 2, paragraph C is in effect, the commissioner shall pay those | Maine market producers whose over-order premium was paid into the | Maine Milk Pool a an initial redistribution on their milk under | this paragraph. In calculating the rate of this redistribution | and the timing of its payment, the commissioner shall attempt to | achieve, insofar as practicable, an initial redistribution of the | over-order premium which that ensures that Maine producers who | are not members of eligible marketing cooperatives |
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