---
kind: "section"
citation: "7 C.F.R. § 1005.12"
title: "7"
number: "1005.12"
heading: "Producer."
url: "https://uscodex.org/cfr/7/1005.12"
---

# §1005.12. Producer.

- (a) Except as provided in [paragraph (b)](#b) of this section, producer means any person who produces milk approved by a duly constituted regulatory agency for fluid consumption as Grade A milk and whose milk (or components of milk) is:
  - (1) Received at a pool plant directly from the producer or diverted by the plant operator in accordance with [§ 1005.13](/cfr/7/1005.13.md); or
  - (2) Received by a handler described in [§ 1000.9(c)](/cfr/7/1000.9.md?p=c).
- (b) Producer shall not include:
  - (1) A producer-handler as defined in any Federal order;
  - (2) A dairy farmer whose milk is received at an exempt plant, excluding producer milk diverted to the exempt plant pursuant to [§ 1005.13(d)](/cfr/7/1005.13.md?p=d);
  - (3) A dairy farmer whose milk is received by diversion at a pool plant from a handler regulated under another Federal order if the other Federal order designates the dairy farmer as a producer under that order and that milk is allocated by request to a utilization other than Class I; and
  - (4) A dairy farmer whose milk is reported as diverted to a plant fully regulated under another order with respect to that portion of the milk so diverted that is assigned to Class I under the provisions of such other order.

## Notes

### Authority

Authority: 7 U.S.C. 601-674, and 7253.

### Source

Source: 64 FR 47960, Sept. 1, 1999, unless otherwise noted.