reglab/housing_qa huggingface dataset:
CA Food & Agri Code § 61407 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61407.

61407.  If a handler fails to pay any producer or producers in the manner that is required by this chapter, the director shall proceed forthwith to ascertain the names and addresses of all the producers that the handler has failed to pay, together with the amounts due and owing to them and each of them by the handler, and shall request all of those producers to file a verified statement of their respective claims with the director. The producer need only verify that he or she is owed an amount by the handler. The actual amount in that case may be ascertained by the director.(Added by Stats. 1981, Ch. 690, Sec. 1.)
CA Food & Agri Code § 61407.1 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61407.1.

61407.1.  (a) After determining the claims of the producers pursuant to Section 61407, the director shall bring an action on the bond on behalf of the producers.(b) Any producer not satisfied with the amount of the producer’s claim as determined by the director, or with the ratio the producer’s claim bears to all claims against the bond as determined by the director, may intervene in an action commenced upon the bond so that the correct amount of his or her claim and the ratio it bears to all the claims may be adjudicated.(Added by Stats. 1987, Ch. 156, Sec. 6. Effective July 10, 1987.)
CA Food & Agri Code § 61407.2 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61407.2.

61407.2.  If the recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, the amount recovered shall be divided pro rata among the producer-creditors.(Added by Stats. 1987, Ch. 156, Sec. 7. Effective July 10, 1987.)
CA Food & Agri Code § 61407.3 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61407.3.

61407.3.  Payments by a handler to a producer, for the purposes of any action on a handler’s bond for any year, shall be credited first to interest and then to principal due, owed, and unpaid. Amounts to be applied to the principal shall be applied first to the amount owed for the most recent deliveries and then successively, in descending order, to the amounts owed to the next most recent deliveries.(Added by Stats. 1987, Ch. 156, Sec. 8. Effective July 10, 1987.)
CA Food & Agri Code § 61407.4 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61407.4.

61407.4.  (a) The director may bring an action against a surety bond company if the company fails to do any of the following:(1)  Acknowledge promptly and act reasonably upon receiving a bond demand from the director.(2)  Promptly investigate and process claims.(3)  Make fair and equitable settlement of claims.(4)  Pay the bond amount to the director.(b) The authority provided in subdivision (a) is in addition to the authority provided for in subdivision (h) of Section 790.03 of the Insurance Code.(c) In addition to the bond proceeds, the surety bond company may be ordered to pay interest at the prevailing prime rate on the amounts owed from the date the claim was filed, all of the department’s court costs, and reasonable attorney’s fees.(Amended by Stats. 1987, Ch. 1074, Sec. 2. Effective September 24, 1987.)
CA Food & Agri Code § 61408 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61408.

61408.  If a manufacturing milk handler fails to pay any producer in the manner that is required by this chapter, the director may require the filing of a new or additional bond in the amount determined by the director to be sufficient to satisfy claims for the payment of producers thereafter supplying manufacturing milk to the manufacturing milk handler. The failure of a manufacturing milk handler to have filed a new bond within 10 days after notice from the director constitutes grounds for the revocation or suspension of the manufacturing milk handler’s license of the manufacturing milk handler.(Amended by Stats. 1987, Ch. 156, Sec. 10. Effective July 10, 1987.)
CA Food & Agri Code § 61409 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61409.

61409.  The failure of any manufacturing milk handler that purchases manufacturing milk from producers to execute and deliver the bond as provided and required in this article is a violation of this chapter. The failure of any handler to post any additional bond as may be required is also a violation of this chapter.(Amended by Stats. 1987, Ch. 1074, Sec. 3. Effective September 24, 1987.)
CA Food & Agri Code § 61410 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61410.

61410.  The failure of any manufacturing milk handler that purchases manufacturing milk from producers to execute and deliver the bond as provided and required in this article shall constitute grounds for suspension, revocation, or refusal of the manufacturing milk handler’s license. The failure of any handler to post any additional bond as may be required to comply with this article shall also be grounds for suspension, revocation, or refusal of the license pursuant to these procedures.(Amended by Stats. 1985, Ch. 446, Sec. 2.)
CA Food & Agri Code § 61411 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61411.

61411.  Except as otherwise provided in Section 61411.2 or 61411.3, the purchase of any manufacturing milk in excess of 1,000 gallons monthly from any manufacturing milk producer without a written contract that has been executed and complies with all the requirements of this article is an unlawful practice. The contract shall include all of the following:(a) The amount of manufacturing milk which is to be purchased for any period. (b) The price to be paid for all manufacturing milk received. (c) The date and method of payment for the manufacturing milk. Payment shall be made for the amount of the manufacturing milk delivered during the first 15 days of any calendar month not later than the first day of the next following month and for the amount delivered during the remainder of the month not later than the 15th day of the next following month. (d) The charges for transportation, if hauled by the handler, which shall be the lower of either of the following: (1) A rate not in excess of the rate charged for actual or reasonably similar services by highway carriers, as the term “highway carrier” is defined in Section 3511 of the Public Utilities Code. (2) The actual amount paid by a handler for that transportation. The contract may contain any other provisions that are not in conflict with this chapter. A signed copy of the contract shall be filed by the producer with the director within five days of the date of its execution. This section does not apply to the purchase of milk which does not meet market milk standards in Chapter 2 (commencing with Section 35751) of Part 2 of Division 15, when the milk has been processed on a dairy farm that held a valid market milk permit during the 30-day period preceding the purchase.(Amended by Stats. 1991, Ch. 1101, Sec. 1.)
CA Food & Agri Code § 61411.1 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61411.1.

61411.1.  The production of manufacturing milk in excess of amounts to be purchased under contracts executed pursuant to Section 61411 shall be voluntary on the part of the producer and shall not be a condition, oral or written, of the execution or renewal of any contract.(Repealed and added by Stats. 1986, Ch. 227, Sec. 4.)
CA Food & Agri Code § 61411.2 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61411.2.

61411.2.  Section 61411 does not apply to the purchase of manufacturing milk which is necessary to meet an unanticipated increase in demand or an unanticipated shortage in the supply of a handler if the quantity purchased from any one producer does not exceed 5,000 gallons in any one month. However, if the producer is a cooperative association acting as a producer, the total quantity purchased shall not exceed 30,000 gallons per month.For a single transaction between a producer and handler, payment shall be made for the amount of milk delivered during the first 15 days of any calendar month not later than the first day of the next following month and payment shall be made for the amount of milk delivered during the remainder of the month not later than the 15th day of the next following month, unless the milk is subject to a pooling plan as authorized in Chapter 3 (commencing with Section 62700) and the pooling plan provides for different dates and methods of payment, in which case the date and method of payment for the milk shall be as provided for in the pooling plan.(Amended by Stats. 1991, Ch. 1101, Sec. 2.)
CA Food & Agri Code § 61411.3 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61411.3.

61411.3.  Section 61411 does not apply to manufacturing milk purchased under cash-on-delivery terms.(Added by Stats. 1987, Ch. 156, Sec. 14. Effective July 10, 1987.)
CA Food & Agri Code § 61411.4 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61411.4.

61411.4.  Any contract between a producer and a handler shall be voidable by the producer for a 45-day period following the occurrence of either of the following:(a) The handler has failed to pay the producer the full price specified in the contract or has failed to comply with the terms specified in subdivision (c) of Section 61411, and the failure has not been corrected by the handler within one business day after notification by the producer or director. The 45-day period shall commence on the day after the payment was due.(b) The handler has failed on three separate occasions within a 12-month period to pay the producer the full price specified in the contract or has failed to comply with the terms specified in subdivision (c) of Section 61411. The 45-day period shall commence on the day after the third occurrence.(Amended by Stats. 1987, Ch. 1074, Sec. 6. Effective September 24, 1987.)
CA Food & Agri Code § 61411.5 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61411.5.

61411.5.  If a notice has been issued by the director that the future deliveries to the handler shall not be covered under the Milk Producers Security Trust Fund created pursuant to Chapter 2.5 (commencing with Section 62500), all contracts between producers and the handler are voidable by the producers. Producers shall have the option to void their contracts for a 45-day period from the date the notice is issued or until the date the director establishes for reinstatement of the handler’s eligibility under the trust fund, whichever is later.(Amended by Stats. 1987, Ch. 1074, Sec. 7. Effective September 24, 1987.)
CA Food & Agri Code § 61412 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61412.

61412.  (a) (1) Every milk handler who receives manufacturing milk subject to this article shall deduct as an assessment from payments made to producers for manufacturing milk the sum of one and two-tenths cents ($0.012) per hundredweight of manufacturing milk. (2) The amount of the assessments deducted pursuant to paragraph (1) shall be paid to the secretary on or before the 45th day following the last day of the month during which the manufacturing milk was received.(b) (1) Every milk handler who receives manufacturing milk subject to this article that purchases or handles manufacturing milk from producers shall pay a fee of six-tenths of one cent ($0.006) per hundredweight of manufacturing milk.(2) The amount of the fee shall be paid to the secretary on or before the 45th day following the last day of the month in which the manufacturing milk was received.(c) Moneys from the amounts paid to the secretary pursuant to subdivisions (a) and (b) may be used to administer and enforce this chapter.(Amended by Stats. 2016, Ch. 260, Sec. 7. (AB 1894) Effective January 1, 2017.)
CA Food & Agri Code § 61413 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61413.

61413.  The director may fix the rates of assessments or fees required by Section 61412 at lesser amounts, and may adjust the rates of assessments or fees from time to time, whenever he or she finds that the cost of administering this article can be defrayed from revenues derived from the lower rates, provided that the rate of assessments deducted from payments to producers for manufacturing milk and the rate of fees paid by manufacturing milk handlers shall at all times be in the ratio of two to one.(Added by Stats. 1981, Ch. 690, Sec. 1.)
CA Food & Agri Code § 61414 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61414.

61414.  (a) Any assessment or fee or either of them payable pursuant to any provision of this article is a debt of the person by whom the assessment or fee or either of them is payable and shall be due and payable to the director upon the date set forth in Section 61412. If the person does not pay the assessment or fee or either of them upon the required date, the director may file a complaint against that person in a state court of competent jurisdiction for the collection of the assessment or fee or either of them.(b) If any such person does not pay to the director the assessments or fees or either of them provided for in this article, on or before the date specified in Section 61412, the director may add to the unpaid assessments or fees or either of them an amount not exceeding 10 percent of the unpaid assessment or fees or either of them to defray the cost of enforcing the collection of the unpaid assessments or fees or either of them.(Added by Stats. 1981, Ch. 690, Sec. 1.)
CA Food & Agri Code § 61415 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61415.

61415.  The failure of any handler to pay for manufacturing milk delivered to the handler at the time and in the manner specified in the contract with the producer is an unlawful trade practice.(Added by Stats. 1983, Ch. 857, Sec. 2.)
CA Food & Agri Code § 61415.1 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61415.1.

61415.1.  (a) Handlers shall pay producers either by check or cash. Handlers electing to pay producers in cash shall, in all cases, obtain a dated, signed receipt from each producer. These receipts shall be made a part of the permanent records of the handler. Handlers paying by check shall issue checks which are reduceable to cash by the producer in no more than one business day.(b) The giving of a promissory note is not payment within the meaning of this chapter.(Amended by Stats. 1987, Ch. 1074, Sec. 8. Effective September 24, 1987.)
CA Food & Agri Code § 61415.2 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61415.2.

61415.2.  (a) If a handler does not pay for manufacturing milk delivered to him or her at the time and in the manner specified in the contract, the handler shall pay the producer interest on the unpaid amount from the time the payment was due until paid at the rate of 12 percent per annum. The interest is in addition to any other penalties provided in this chapter. (b) If there is no contract for the delivery of milk to the handler or the delivery was made as a single transaction between the producer or handler, the handler shall pay the department interest on the unpaid amount from the time the payment was due until paid at the interest rate specified in subdivision (a). The interest is in addition to any other penalties provided in this chapter.(Amended by Stats. 1991, Ch. 1101, Sec. 3.)
CA Food & Agri Code § 61415.3 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61415.3.

61415.3.  If a handler fails to pay for manufacturing milk delivered to him or her at the time and in the manner specified in this chapter, the director may assess a penalty for each payment date that the producers were not fully paid. Any penalty assessed shall be a minimum of one hundred dollars ($100) for each payment date. If the amount not properly paid is more than forty thousand dollars ($40,000), the penalty assessed shall be five thousand dollars ($5,000) or one-fourth of 1 percent of the amount not properly paid, whichever is less.(Amended by Stats. 1987, Ch. 1074, Sec. 10. Effective September 24, 1987.)
CA Food & Agri Code § 61416 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61416.

61416.  The director may revoke or suspend any license of a handler if the director finds as a result of a noticed hearing that the handler has not paid for any manufacturing milk delivered to him or her at the time and in the manner specified in the contract with the producer.(Added by Stats. 1983, Ch. 857, Sec. 3.)
CA Food & Agri Code § 61416.1 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61416.1.

61416.1.  The director, pursuant to the procedure in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, may also refuse to grant or renew any license to a handler if the director is satisfied that the handler has failed to pay for any manufacturing milk delivered to him or her at the time and in the manner specified in the contract with the producer.(Added by Stats. 1986, Ch. 227, Sec. 5.)
CA Food & Agri Code § 61417 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61417.

61417.  In lieu of revoking or suspending a handler’s license under Section 61416, the director may impose any other conditional and probationary orders, pursuant to a noticed hearing, that may be proper for the enforcement of this chapter or to enforce any provision of any regulation adopted by the director pursuant to Section 61341.(Added by Stats. 1983, Ch. 857, Sec. 4.)
CA Food & Agri Code § 61418 (2021)
2021 California Code|Food and Agricultural Code - FAC|DIVISION 21 - MARKETING|PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS|CHAPTER 1 - Marketing of Milk and Other Dairy Products|ARTICLE 5 - Bonding and Payment for Manufacturing Milk|Section 61418.

61418.  If the respondent does not comply with any conditional or probationary orders, the director may suspend or revoke the license in accordance with the procedure provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(Amended by Stats. 1985, Ch. 446, Sec. 3.)