(a) Except as in paragraph (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 is:
(1) Received at a directly from the producer or diverted by the plant operator in accordance with § 1033.13; or
(2) Received by a handler described in § 1033.9(c).
(b) Producer shall not include:
(1) A as defined in any Federal order;
(2) A dairy farmer whose milk is received at an exempt plant, excluding diverted to the exempt plant pursuant to § 1033.13(d);
(3) A dairy farmer whose milk is received by diversion at a 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 Federal order with respect to that portion of the milk so diverted that is assigned to Class I under the provisions of such other order.