reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62068.

62068. Each stabilization and marketing plan may contain provisions which authorize any handler that purchases market milk under contract from any producer to pool such market milk for producer payment purposes in accordance with such contracts, irrespective of whether such market milk is actually and physically received at the same milk products plant or diverted, in accordance with such plan. Such provisions may do any of the following:
(a) Provide that market milk that is received from producers by milk products plants under the same ownership, may be pooled for purposes of payment to producers.
(b) Provide that if a handler pools market milk, as provided in subdivision (a), the handler shall allocate, among all producers that participate in the class 1 usage, transportation savings which are applicable to market milk, not actually transported between the plant of first receipt and one or more other plants subject to the pool, and used for class 1, and may pay to producers shipping market milk directly to a plant subject to the pool a price for usage of such market milk for class 1, which price represents the average of minimum producer prices payable by that particular plant for such class 1 usage.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62069.

62069. The director may establish minimum prices to be paid by handlers to producer-handlers for milk not used by the purchasing handler as class 1 milk. These provisions may provide that the milk, if used in classes other than class 1 by the purchasing handler, may be paid for at the minimum prices established by the director for this other usage but which shall not be less than the prices as found by the director to be paid by manufacturing milk plants in, or adjacent to, the area that use milk for similar purposes. The prices shall remain in effect only for the period during which, as determined by the director, there is a surplus of producer-handler milk.
(Amended by Stats. 2006, Ch. 538, Sec. 208. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62070.

62070. Each stabilization and marketing plan may further provide for maximum charges for plant processing and transportation service on the market milk or market milk components which are transported to the area where sold. The stabilization and marketing plan may enumerate the applicable maximum charges, and may establish individual charges for each function enumerated. In establishing any such maximum charges for such transportation services, the director shall base such maximum charges upon the rates which are charged for actual or reasonably similar services by highway carriers, as the term “highway carriers” is defined in Secton 3511 of the Public Utilities Code.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62071.

62071. Each stabilization and marketing plan may provide for minimum charges for the various services performed or rendered by a nonprofit cooperative association in respect to class 1 market milk sold or delivered to another handler. Handler services include component testing for payment purposes, quality control, producer payroll, weighing and sampling of bulk market milk. Each stablization and marketing plan may also include, but not be limited to, minimum charges for the handling of intermittent or irregular deliveries of market milk and plant standby services. The stabilization and marketing plan may enumerate applicable minimum charges and establish individual charges for each service enumerated or, in the alternative, the director may establish one or more minimum charges covering one or more of the separate handler services.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62072.

62072. In establishing minimum handler service charges under Section 62071, the director shall take into consideration all relevant factors, including, but not limited to, the following:
(a) The reasonably necessary costs of providing such services, including overhead, as determined by impartial cost surveys, examination of books and records, or both, of such portions of those handlers within the marketing area as are reasonably determined by the director to be sufficiently representative to indicate such costs of all reasonably efficient handlers within such marketing area.
(b) The relationship of the establishment of such minimum charges to the achievement and maintenance of the orderly marketing of market milk and to the effectuation of the purposes of this chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62073.

62073. If any contract between a handler and a producer for the purchase of any market milk provides that the charges for the hauling of it shall be paid, in whole or in part, by the producer, and such hauling is done by the handler either directly or through an agent or by any person that contracts with, or is designated by, such handler for such hauling, the director may, and upon the written request of the producer or the written request of any association representing the producer shall, investigate the rates, terms, and conditions which are involved in such hauling in order to determine whether such rates, terms and conditions are in compliance with Section 62070.
If the director determines that such rates, terms, and conditions are not in compliance with Section 62070, he shall determine, within the standards which are prescribed in Section 62070, the maximum charges on account of such hauling that will comply with Section 62070 with respect to such purchase of market milk.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62074.

62074. If the director establishes a stabilization and marketing plan for market milk, the director shall establish minimum prices to be paid by handlers for market cream, market skim milk, or milk fat, or market skim milk components of such market milk.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62074.5.

62074.5. A stabilization and marketing plan may contain provisions necessary to encourage the availability of market milk for those usages for which class 1 and class 2 milk is mandatory.
(Added by Stats. 1985, Ch. 343, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62075.

62075. The director shall establish the minimum prices to be paid by handlers to producers for class I usage of market milk upon a milk fat, solids-not-fat or the subcomponents thereof, and fluid carrier basis. In establishing the minimum prices for classes of market milk other than class I, separate prices may be established for any one or more of the following:
(a) The milk fat contained in such milk.
(b) The solids-not-fat or subcomponents thereof contained in such milk.
(c) The fluid contained in such milk.
(d) Any combination of the milk fat, the solids-not-fat or subcomponents thereof, or the fluid contained in such milk.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62076.

62076. In establishing prices to be paid by handlers to producers for class 2, class 3, class 4a, or class 4b market milk, the director shall take into consideration any relevant economic factors, including, but not limited to, the following:
(a) The relative market value of the various products yielded from such market milk.
(b) The market price of other milk which may be used for the same purposes that are set forth in such respective classes.
(c) The value of milk used for manufacturing purposes giving consideration to any relevant factors including, but not limited to, product prices, product yields, and manufacturing costs of class 4a or class 4b.
(Amended by Stats. 1982, Ch. 132, Sec. 38. Effective March 25, 1982. Operative July 23, 1982, by Sec. 40 of Ch. 132.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62077.

62077. A handler shall not pay any producer less than the applicable price established for the usage to which the market milk, purchased from him is applied pursuant to accounting procedures established by the director. If the market milk is not applied to any purpose set forth in Article 5 (commencing with Section 61931), then a handler shall not pay any producer less than the lower of the prices established under the applicable stabilization and marketing plan for class 4a and class 4b usage.
(Amended by Stats. 1982, Ch. 132, Sec. 39. Effective March 25, 1982. Operative July 23, 1982, by Sec. 40 of Ch. 132.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62078.

62078. All handlers who receive market milk within this state shall be obligated to pay minimum producer prices established under this chapter regardless of the area of origin of such milk, whether inside or outside the jurisdiction of the State of California.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62079.

62079. Whenever a pooling plan is in effect as provided in Chapter 3 (commencing with Section 62700) and Chapter 3.5 (commencing with Section 62750) of this part, all market milk received by pool handlers shall be obligated to the pool at the applicable minimum price established in the Stabilization and Marketing Plans based on the classified usage of that milk. Handlers may pay producers for restricted use market milk at prices that are less than the amount credited to those handlers for restricted use market milk by the pooling plan.
(Added by Stats. 1996, Ch. 759, Sec. 23. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 10 - Unlawful Trade Practices › Section 62091.

62091. The unlawful trade practices described in this article apply to every handler whether or not a stabilization and marketing plan is in effect in the area in which the handler is licensed or carries on his business. This article applies to transactions conducted, either directly or indirectly, between producers and handlers.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 10 - Unlawful Trade Practices › Section 62092.

62092. The payment, allowance, or acceptance of any secret rebate, secret refund, or unearned discount by any person, whether in the form of money or otherwise, is an unlawful trade practice.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 10 - Unlawful Trade Practices › Section 62093.

62093. The giving of any milk, cream, dairy product, service, or article of any kind, except to a bona fide charity, for the purpose of securing or retaining the market milk business of any customer is an unlawful trade practice.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 10 - Unlawful Trade Practices › Section 62094.

62094. The payment, gift, or the offer or promise of any payment or gift, of money or other thing of value, directly or indirectly, or through any agent or other intermediary, to any person with the purpose or design of inducing such person to become or remain the wholesale customer of any handler is an unlawful trade practice.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 10 - Unlawful Trade Practices › Section 62095.

62095. The payment, gift, or the offer or promise of any payment or gift, of money or other thing of value by any person, directly or indirectly or through any agent or other intermediary, to any handler or producer, or the acceptance by any handler or producer of the payment or gift or thing of value is an unlawful trade practice if it is for any of the following:
(a) For the purpose of inducing a handler or producer to enter into a new contract, or to renew, extend, or modify an existing contract, for the purchase of market milk by a handler from a producer.
(b) As a condition upon which a handler will enter into a new contract, or renew, extend, or modify an existing contract, for the purchase of market milk from a producer.
(c) For the purpose of enabling a handler to pay to a producer, or a producer to receive from a handler, less than the minimum class usage prices established by the director to be paid by handlers to producers for market milk.
(d) Nothing in this section prevents a handler from paying to a producer, or a producer from receiving from a handler, prices in excess of the minimum prices established by the director if these prices are paid to all producers supplying the handler under the same terms and conditions.
(Amended by Stats. 1987, Ch. 156, Sec. 25. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 11 - Sales to the United States › Section 62121.

62121. The director may require that each person that submits a bid for the sale to an agency of the United States government of market milk or any milk product which utilizes class 1 market milk shall file with the director, at the same time such bid is submitted, a complete copy of such bid and the following certification:
“The undersigned certifies that in sales by the undersigned to agencies of the United States Government, pursuant to the attached bid, for market milk or milk products utilizing class 1 market milk, as such class 1 market milk is defined in Chapter 2 (commencing with Section 61801), Part 3, Division 21 of the Food and Agricultural Code, the undersigned is complying with all California statutes and regulations pertaining to the establishment and enforcement by the Director of Food and Agriculture of minimum prices to be paid producers for such class 1 market milk.”
All bids and certifications filed pursuant to this section shall be confidential and shall not be divulged except when necessary for the proper determination of any court proceeding or hearing before the director.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62141.

62141. The licenses provided for in this article are required for each handler. For the purposes of this article, each subsidiary milk plant or branch milk plant, whether under one ownership or not, shall be considered as an individual handler.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62142.

62142. For the purposes of this article, “handler” shall include any person defined as a handler under Section 61826 or any person defined as a distributor under Section 61306 that purchases or handles market milk or market cream for processing, manufacture, or sale.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62143.

62143. No person who qualifies as a handler under Section 62142 shall deal in market milk without first obtaining a license from the director. In addition, any person qualifying as a handler who purchases or handles market milk or market cream for processing or manufacture shall obtain a license for each milk plant owned or operated. The license provided for in this article is in addition to any license which is required by Division 15 (commencing with Section 32501), or by any law or ordinance of any county or municipality of this state.
Notwithstanding the provisions of Section 61832, “milk plant” as used in this article, means any place, structure, or building where a handler receives market milk and weighs, tests, standardizes, pasteurizes, homogenizes, separates, bottles or packages such milk. “Milk plant” does not include a place, structure, or building which is used for the purpose of receiving, weighing, or testing milk to be diverted or delivered to a licensed milk plant of the handler.
(Amended by Stats. 1982, Ch. 751, Sec. 30.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62144.

62144. Applications for the license provided by this article shall be made on forms prescribed by the director, accompanied by a fee as prescribed in Section 62145, and state the name and address of the applicant and any details specifically related to the nature of the applicant’s business that the director may require. The applicant shall further satisfy the director of his or her character, responsibility, and good faith in seeking to carry on the business stated in the application.
(Amended by Stats. 1987, Ch. 534, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62145.

62145. One-half of the valid license renewals shall be issued for a period of 24 months beginning January 1, 1988. The application fee for renewal of the 24-month license shall be twenty-five dollars ($25).
The remaining valid license renewals shall be issued for a period of 12 months beginning January 1, 1988. The application fee for the renewal of the 12-month license shall be twelve dollars and fifty cents ($12.50).
Beginning January 1, 1989, all renewals of licenses shall be issued for a 24-month period and shall be twenty-five dollars ($25).
Except as otherwise provided, beginning January 1, 1988, every new license issued shall expire on the 31st day of December of the following year.
Application for a new license or a renewal license, together with the appropriate application fee, shall be made prior to the handling of market milk or the expiration date of the license held. If it is not so made, the applicant shall pay an additional twenty-five dollars ($25) before the license shall be issued.
(Repealed and added by Stats. 1987, Ch. 534, Sec. 6.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62146.

62146. The director may refuse to grant or renew any license if he or she is satisfied that any applicant, or any person connected with the applicant, either directly or indirectly, has violated any of the following:
(a) This chapter or any stabilization and marketing plan or other regulation adopted under this chapter.
(b) Chapter 1 (commencing with Section 61301).
(c) Chapter 3 (commencing with Section 62700) or any pooling plan established thereunder.
(Amended by Stats. 1987, Ch. 156, Sec. 32. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62147.

62147. The director may also refuse to grant or renew any license to a handler if he is satisfied that the handler has failed to pay for any market milk delivered to him at the time and in the manner specified in the contract with the producer.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62148.

62148. The proceedings to determine whether or not the director shall refuse to grant or renew a license shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, and the director shall have all of the powers granted in such chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62149.

62149. The decision may include an order refusing to grant or renew the license applied for, or affixing other conditional and probationary orders that may be proper for the enforcement of any of the following:
(a) This chapter or any stabilization and marketing plan formulated pursuant to this chapter.
(b) Chapter 1 (commencing with Section 61301).
(c) Any regulation duly adopted by the director pursuant to Section 61891.
(d) Chapter 3 (commencing with Section 62700) or any pooling plan established thereunder.
(Amended by Stats. 1987, Ch. 156, Sec. 33. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62150.

62150. After any decision in favor of the issuance or renewal of a license which includes any conditional or probationary orders, if the person to whom the license is issued does not comply with any such orders, the director may suspend or revoke the license in accordance with the procedure provided in Sections 62151, 62152, 62153, 62154, and 62155.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62151.

62151. The director may revoke or suspend, as the case may require, any license which is issued pursuant to this chapter, if he or she is satisfied that any licensee or any person who is connected with the licensee has violated any of the following:
(a) This chapter or any stabilization and marketing plan which is formulated pursuant to this chapter.
(b) Any regulation which is adopted by the director pursuant to Section 61891.
(c) Chapter 1 (commencing with Section 61301).
(d) Chapter 3 (commencing with Section 62700) or any pooling plan adopted thereunder.
The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers which are granted in that chapter.
(Amended by Stats. 1987, Ch. 156, Sec. 34. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62152.

62152. The director may also revoke or suspend any license of a handler if he is satisfied that the handler has not paid for any market milk delivered to him at the time and in the manner specified in the contract with the producer.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62153.

62153. The decision may include an order revoking or suspending the license held by the licensee, or affixing such other conditional and probationary orders as may be proper for the enforcement of this chapter or any provision of any stabilization and marketing plan formulated pursuant to the provisions of this chapter or of any regulation adopted by the director pursuant to Section 61891.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62154.

62154. After any decision, which includes any conditional or probationary orders, if the respondent does not comply with any such orders, the director may suspend or revoke the license in accordance with the procedure which is provided in this article.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 12 - Handlers Licenses › Section 62155.

62155. Whenever the director is satisfied, either by investigation or after a hearing, that a handler is unable to pay for any market milk purchased from any producer, and is further satisfied that to permit the handler to continue to purchase and receive any market milk from producers would be likely to cause serious and irreparable loss to producer-creditors and other producers, the director may thereupon and forthwith shorten the time for hearing that is provided for in Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, and thereupon may issue an order to show cause why the license of such handler should not be forthwith suspended or revoked. The time of notice of the hearing shall not, however, be less than five days. At such hearing the handler that is proceeded against shall be ordered to show cause why the license should not be suspended or revoked, or continued under such conditions and provisions, if any, as the director may consider just and proper and for the protection of the best interests of the producer-creditors and producers from whom the handler has been and is receiving any market milk. Following such hearing, the decision of the director shall become effective at his discretion.
The hearing, in the case of such emergency, may be called upon written notice which is served personally or by mail on the handler that is involved. It may be held at the nearest office of the director or at such place as may be most convenient in the discretion of the director for the attendance of all of the parties that are involved.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62181.

62181. The bonds provided for in this article are required for each handler and apply to all purchases of milk by that handler. A handler bonded under this article is not required to be separately bonded under Section 61405.
(Amended by Stats. 1987, Ch. 156, Sec. 36. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62182.

62182. (a) Every handler that operates only one plant within the state, before purchasing any market milk from a producer, shall execute and deliver to the secretary a surety bond, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The minimum amount of the bond shall be based upon the average daily quantity of market milk purchased by the handler during any calendar month during a calendar year.
The minimum amount of the bond shall be as follows:
(1) Five thousand dollars ($5,000) for any handler that purchases an average daily quantity of less than 1,000 gallons.
(2) Ten thousand dollars ($10,000) for any handler that purchases an average daily quantity of at least 1,000 gallons but less than 4,000 gallons.
(3) Fifteen thousand dollars ($15,000) for any handler that purchases an average daily quantity of at least 4,000 gallons but less than 8,000 gallons.
(4) Twenty thousand dollars ($20,000) for any handler that purchases an average daily quantity of 8,000 gallons or more.
(b) Every handler that operates more than one plant within the state, before purchasing any market milk from a producer, shall execute and deliver to the secretary a surety bond, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The bond shall be a single bond covering all plants within the state and shall be in an amount determined by multiplying twenty thousand dollars ($20,000) by the number of plants operated by the handler in the state.
(c) Any milk purchase agreement between a handler and a producer may provide for additional surety bonds, guarantees, or other forms of security in addition to the bonding requirements in this article.
(Amended by Stats. 2004, Ch. 70, Sec. 2. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62183.

62183. If any handler so increases his purchases of market milk during the license year that such purchases exceed the amount for which the handler is bonded, such handler shall forthwith post such additional bond as may be required to comply with this article.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62184.

62184. The bonds required by Sections 62182 and 62183 shall be upon a form approved by the director, and shall be conditioned upon the payment in the manner that is required by this chapter, of all amounts due to producers for market milk purchased by such licensee or applicant during the license year. It shall be to the state in favor of every producer of market milk.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62185.

62185. If a handler fails to pay any producer or producers for market milk 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 such handler, and shall request all such producers to file a verified statement of their respective claims with the director. The producer need only verify that he is owed an amount by the handler. The actual amount in such case may be ascertained by the director.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62186.

62186. After determining the claims of such producers, the director shall bring an action on the bond on behalf of such producers.
Any producer not satisfied with the amount of such producer’s claim as determined by the director, or with the ratio such producer’s claim bears to all claims against the bond as determined by the director, may intervene in such an action so that the correct amount of his claim and the ratio it bears to all the claims may be adjudicated.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62186.1.

62186.1. (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 the department’s court costs, and reasonable attorney’s fees.
(Amended by Stats. 1987, Ch. 1074, Sec. 15. Effective September 24, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62187.

62187. If a 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 an amount determined by the director that will be sufficient to satisfy claims for the payment of producers thereafter supplying market milk to the handler. The failure of a handler to have filed a new bond within 10 days after notice from the director constitutes grounds for the revocation or suspension of the license of the handler.
(Amended by Stats. 1987, Ch. 156, Sec. 39. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62188.

62188. If recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, any such amount recovered shall be divided pro rata among the producer-creditors.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62189.

62189. The failure of any handler that purchases market 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 such handler to post any additional bond as may be required to comply with any provision of this chapter is also a violation of this chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62190.

62190. Payments by a handler to a producer, for the purposes of any action on a handler’s bond or bonds for any year or years, shall be credited first to interest and then to principal due, owing, and unpaid. Amounts to be applied to principal shall be applied first to the amount due for the most recent deliveries and then successively, in descending order, to the amounts due to the next most recent deliveries.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62191.

62191. (a) Except as otherwise provided in Section 62193 or 62194, the purchase of any market milk in excess of 1,000 gallons monthly from any producer is an unlawful trade practice unless a written contract, which complies with all of the requirements which are prescribed by this section, has been entered into with the producer.
(b) The contract shall include all of the following:
(1) The amount of market milk which is to be purchased for any period.
(2) The minimum quantity of the market milk which is to be paid for as class 1, if any is to be purchased for this purpose. The quantity shall be stated in pounds of market milk, pounds of market milk fat, or gallons of market milk, unless the price which is to be paid for the class 1 market milk is established separately for the market milk fat and market skim milk, in which case the quantity may, in the alternative, be stated in both pounds of market milk fat and pounds of market skim milk separately. The minimum quantity of market milk to be paid for as class 1 shall not be less than 70 percent of the total quantity provided in the contract to be purchased at a milk products plant, and not less than 60 percent of the total quantity of market milk fat, or the total quantity of market skim milk components, but not necessarily both, provided in the contract to be purchased at a country plant, as defined by the director in stabilization and marketing plans.
(3) The price to be paid for all market milk received.
(4) The date and method of payment for the market milk. Payment shall be made for the amount of the market 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 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.
(5) The charges for transportation if hauled by the handler.
(6) A provision that market milk received within the total quantity provided by the contract to be purchased for any period shall not be paid for at less than the minimum price for market milk used for class 2.
(c) The contract may contain 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 from the date of its execution.
(d) Paragraphs (2) and (6) of subdivision (b) shall not be applicable if an equalization pool, as provided pursuant to Chapter 3 (commencing with Section 62700), is in effect for the area in which the purchase of the market milk occurs.
(Amended by Stats. 1991, Ch. 1101, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62192.

62192. The production of market milk in excess of amounts provided to be purchased under contracts executed pursuant to Section 62191 shall be voluntary on the part of the producer and shall not be a condition, oral or written, of execution or renewal of any of those contracts.
(Added by Stats. 1987, Ch. 156, Sec. 41. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62193.

62193. Section 62191 does not apply to the purchase of market milk which is necessary to meet an unanticipated increase in demand or an unanticipated shortage in the supply of a handler if both of the following occur:
(a) The quantity of market milk 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.
(b) A complete record of all of these purchases is kept by the handler, and the price paid for the milk by the handler is not less than the price which is established in the applicable stabilization and marketing plan for the usage to which the milk is applied. 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. 5.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62194.

62194. Section 62191 does not apply to market milk purchased under cash-on-delivery terms.
(Added by Stats. 1987, Ch. 156, Sec. 43. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62195.

62195. The payment by a handler to any producer, including any nonprofit cooperative association acting as a producer, or the receipt from a handler by a producer, including any nonprofit cooperative association acting as a producer, of a lesser price for any market milk distributed to any person, including any agency of federal, state, or local government, for less than the minimum prices established by the director to be paid by handlers to producers for market milk for the marketing area is an unlawful trade practice.
(Amended by Stats. 1987, Ch. 1074, Sec. 18. Effective September 24, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62196.

62196. The failure of any handler to pay for market milk delivered to him or her at the time and in the manner specified in the contract with the producer is an unlawful trade practice, except as provided for in Section 62079.
(Amended by Stats. 1996, Ch. 759, Sec. 24. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 13 - Bonding and Payment for Market Milk › Section 62197.

62197. This article applies regardless of the form in which market milk is received by the handler and regardless of the area of origin of the market milk.
(Added by Stats. 1987, Ch. 156, Sec. 46. Effective July 10, 1987.)