reglab/statecodes huggingface dataset:
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 61419.

61419. (a) Whenever the director is satisfied, either by investigation or after a hearing, that a handler is unable to pay for any manufacturing milk purchased from any producer, and is further satisfied that to permit the handler to continue to purchase and receive any manufacturing 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) of Part 1 of Division 3 of Title 2 of the Government Code, and thereupon may issue an order to show cause why the license of the handler should not be forthwith suspended or revoked. The time of notice of the hearing shall not, however, be less than five days. At the 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 conditions and provisions, if any, that 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 manufacturing milk. Following the hearing, the decision of the director shall become effective at the director’s discretion.
(b) The hearing, in the case of an emergency, may be called upon written notice which is served personally or by mail on the handler that is involved. If the notice is sent by mail, the hearing date shall be no sooner than 10 days after the notice is sent. It may be held at the nearest office of the director or at any place that may be most convenient in the discretion of the director for the attendance of all of the parties that are involved.
(Added by Stats. 1983, Ch. 857, Sec. 6.)
2023 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 6 - Records › Section 61441.

61441. Every distributor, person who sells at wholesale, or manufacturer of milk, cream, or any dairy product shall maintain and keep, for a period of three years from their initial recordation, or for a period of three years from their expiration date, whichever period is longer, all of the following records:
(a) A record of all milk, cream, or dairy products received, detailed as to location, names and addresses of suppliers, prices paid, and deductions or charges made, and the use to which the milk or cream was put.
(b) A record of all milk, cream, or dairy products sold, classified as to kind and grade of milk, cream, or dairy product, showing where the milk, cream, and dairy products were sold, the quantities sold, the amounts received for the sales, and the written price schedules maintained by the distributor, person who sells at wholesale, or manufacturer for all milk, cream, and dairy products sold.
(c) A record of the wastage or loss of milk or any dairy product.
(d) A record of all costs of manufacturing, processing, handling, sale, and delivery, including overhead costs.
(e) A record of all property or financial transactions, other than those for which records are maintained under subdivision (b), between the distributor, person who sells at wholesale, or manufacturer and wholesale customers.
(f) Other records that the director may deem necessary for the proper enforcement of this chapter.
(Amended by Stats. 1987, Ch. 156, Sec. 20. Effective July 10, 1987.)
2023 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 6 - Records › Section 61442.

61442. The director shall have access to, and may enter at all reasonable hours, any place where any dairy product is being processed, bottled, stored, kept, or sold, or where the books, papers, records, or documents pertaining to any transaction which relates to any dairy product is kept. He may inspect and copy such books, papers, records, or documents in any place within the state.
(Added by renumbering Section 61443 by Stats. 1979, Ch. 1025.)
2023 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 6 - Records › Section 61442.1.

61442.1. Within 60 days of the effective date of this section, each manufacturing milk handler shall provide the director with a list of the name, address, and date of every current contract between the handler and manufacturing milk producers. Monthly thereafter, the handler shall report to the director the same information on all terminated, new, and amended contracts which has not been previously reported. The director may assess a one hundred dollar ($100) penalty against any manufacturing milk handler who fails to file the required report for each report not filed.
(Added by Stats. 1987, Ch. 156, Sec. 21. Effective July 10, 1987.)
2023 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 6 - Records › Section 61443.

61443. Any record or report which is made to the director pursuant to this article, or any contract required to be filed pursuant to this chapter, is confidential and shall not be divulged, except if necessary for the proper determination of any court proceeding or hearing before the director.
(Amended by Stats. 1987, Ch. 156, Sec. 22. Effective July 10, 1987.)
2023 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 7 - Investigations and Hearings › Section 61471.

61471. The director may, upon his or her own motion or upon the receipt of any verified complaint, investigate any transaction that involves the violation of any provision of this chapter by any person. The director may call and conduct a hearing in furtherance of that investigation.
(Amended by Stats. 1993, Ch. 187, Sec. 1. Effective January 1, 1994.)
2023 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 7 - Investigations and Hearings › Section 61472.

61472. If a hearing is called by the director, the director shall cause a copy of the complaint, together with a notice of time and place of hearing of the complaint, to be served personally or by mail upon that person. Service shall be made at least 10 days before the hearing.
(Amended by Stats. 1993, Ch. 187, Sec. 2. Effective January 1, 1994.)
2023 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 7 - Investigations and Hearings › Section 61473.

61473. The hearing shall be held in the city or place in which is situated the business location of the person that is complained of, or in which the transaction complained of is said to have occurred.
(Enacted by Stats. 1967, Ch. 15.)
2023 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 7 - Investigations and Hearings › Section 61474.

61474. The person complained of shall, at least three days prior to the date fixed for the hearing, serve upon the complaining party and file with the director a verified answer to all the allegations which are contained in the complaint.
(Enacted by Stats. 1967, Ch. 15.)
2023 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 7 - Investigations and Hearings › Section 61475.

61475. At the time and place which is appointed for such hearing the director shall hear the parties to such complaint, and shall enter in the office of the director at Sacramento a decision dismissing such complaint or specifying the facts which are established on such hearing. A copy of such decision shall be furnished to each of the respective parties to it.
(Enacted by Stats. 1967, Ch. 15.)
2023 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 7 - Investigations and Hearings › Section 61476.

61476. The director may do any of the following:
(a) Administer oaths and take testimony thereunder.
(b) Issue subpoenas which require the attendance of witnesses before him, together with all books, memoranda, papers, and other documents, articles, or instruments.
(c) Compel the disclosure by such witnesses of all facts which are known to them relative to the matters under investigation.
(Enacted by Stats. 1967, Ch. 15.)
2023 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 7 - Investigations and Hearings › Section 61477.

61477. Any party that disobeys any order or subpoena of the director is guilty of contempt and shall be certified to the superior court of the state, in and for the county wherein such contempt occurs, for punishment for such contempt in accordance with Sections 11180 to 11191, inclusive, of the Government Code.
(Enacted by Stats. 1967, Ch. 15.)
2023 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 7 - Investigations and Hearings › Section 61478.

61478. Any act of the director pursuant to any provision of this chapter may be reviewed by any court of competent jurisdiction.
(Enacted by Stats. 1967, Ch. 15.)
2023 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 8 - Manufacturing Milk Handler Licenses › Section 61490.

61490. For the purposes of this article, each subsidiary manufacturing milk plant, or branch manufacturing milk plant, whether under one ownership or not, shall be considered as an individual manufacturing milk handler.
(Added by Stats. 1985, Ch. 446, Sec. 4.)
2023 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 8 - Manufacturing Milk Handler Licenses › Section 61491.

61491. “Manufacturing milk handler” means any person defined as a manufacturing milk handler pursuant to Section 61402.
(Added by Stats. 1985, Ch. 446, Sec. 4.)
2023 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 8 - Manufacturing Milk Handler Licenses › Section 61492.

61492. It is unlawful for a manufacturing milk handler who is not licensed under Article 12 (commencing with Section 62141) of Chapter 2 to handle manufacturing milk without first obtaining a manufacturing milk handler’s license pursuant to this article. In addition, pursuant to Section 61490, any handler shall obtain a separate 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.
(Added by Stats. 1985, Ch. 446, Sec. 4.)
2023 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 8 - Manufacturing Milk Handler Licenses › Section 61493.

61493. Application for the license provided by this article shall be made on forms prescribed by the director, accompanied by an application fee as prescribed in Section 61494, 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. 1.)
2023 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 8 - Manufacturing Milk Handler Licenses › Section 61494.

61494. One-half of the valid license renewals shall be issued for a period of 24 months beginning January 1, 1988. The application fee for the 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 manufacturing 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. 3.)
2023 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 9 - Disposition and Use of Funds › Section 61531.

61531. All money received by the director pursuant to this chapter shall be paid monthly into the State Treasury to the credit of the Department of Food and Agriculture Fund. Funds which are so collected may only be used to defray the expenses in connection with the administration of this chapter, Chapter 2 (commencing with Section 61801), and Chapter 2.5 (commencing with Section 62500).
(Repealed and added by Stats. 1987, Ch. 1074, Sec. 12. Effective September 24, 1987.)
2023 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 10 - Actions and Penalties › Section 61571.

61571. The violation of any provisions of this chapter is a misdemeanor which is punishable by a fine not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) or by imprisonment in a county jail not exceeding six months, or by both such fine and imprisonment. The amount of penalty which is assessed pursuant to this section on each count of violation shall be based upon the nature of the violation and the seriousness of the effect of such violation upon effectuation of the purposes and provisions of this chapter.
(Amended by Stats. 1983, Ch. 1092, Sec. 127. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 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 10 - Actions and Penalties › Section 61572.

61572. Any person who violates this chapter, or any regulations adopted under this chapter, is liable civilly in an amount not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) for each and every violation, that sum to be recovered by the director in any court of competent jurisdiction. The amount of penalty which is assessed pursuant to this section on each count of violation shall be based upon the nature of the violation and the seriousness of the effect of the violation upon effectuation of the purposes and provisions of this chapter. The court may, in addition to the civil penalty, award reasonably incurred investigative and enforcement costs, and attorney’s fees, to the director. The court may also award attorney’s fees to any person successfully defending a civil action under this section. In any civil action initiated by the director under this section, the director shall join in the action, and assert civil penalties against, all parties participating in the commission of the unlawful practice. Any sum which is recovered under this section shall be deposited in the State Treasury to the credit of the Department of Food and Agriculture Fund.
(Amended by Stats. 1989, Ch. 522, Sec. 1.)
2023 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 10 - Actions and Penalties › Section 61573.

61573. The director may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any order which is made pursuant to this chapter in the superior court in the county in which such violation occurs or is about to occur. There may be enjoined in one proceeding any number of defendants alleged to be violating the same provisions or orders, although their properties, interests, residences, or places of business may be in several counties and the violations separate and distinct. Any proceeding which is brought pursuant to this section shall be governed in all other respects by the provisions of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure.
(Enacted by Stats. 1967, Ch. 15.)
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 1 - Legislative Declarations › Section 61801.

61801. The production of market milk is hereby declared to be a business affected with a public interest. The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health and welfare of the people of this state.
(Amended by Stats. 1982, Ch. 751, Sec. 21.)
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 1 - Legislative Declarations › Section 61803.

61803. It is recognized by the Legislature that conditions within the milk industry of this state are such that it is necessary to establish marketing areas wherein different prices and regulations are necessary, and for that purpose the director shall have the administrative authority, with such additional duties as are herein prescribed, after investigation and public hearing, to prescribe such marketing areas and modify the same when advisable or necessary.
(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 1 - Legislative Declarations › Section 61804.

61804. The foregoing statements in this article of facts, policy, and application of this chapter are hereby declared a matter of legislative determination.
(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 1 - Legislative Declarations › Section 61805.

61805. The purposes of this chapter are to do all of the following:
(a) Provide funds for administration and enforcement of this chapter, by assessments to be paid by producers and handlers of market milk in the manner prescribed in this chapter.
(b) Authorize and enable the secretary to prescribe marketing areas and to determine minimum prices to be paid to producers by handlers for market milk that are necessary due to varying factors of costs of production, health regulations, transportation, and other factors in the marketing areas of this state. In determining minimum prices to be paid producers by handlers, the secretary shall endeavor under like conditions to achieve uniformity of cost to handlers for market milk within any marketing area. However, no minimum prices established or determined under this chapter shall be invalid because uniformity of cost to handlers for market milk in any marketing area is not achieved as a result of the minimum producer prices so established or determined.
(c) Authorize and enable the secretary to formulate stabilization and marketing plans, subject to the limitations prescribed in this chapter with respect to the contents of the stabilization and marketing plans, and to declare the plans in effect for any marketing area.
(d) Enable the dairy industry, with the aid of the state, to develop and maintain satisfactory marketing conditions, bring about and maintain a reasonable amount of stability and prosperity in the production of market milk, and provide means for conducting educational and research activities.
(Amended by Stats. 2016, Ch. 260, Sec. 8. (AB 1894) Effective January 1, 2017.)
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 1 - Legislative Declarations › Section 61806.

61806. It is the intent of the Legislature that the powers conferred in this chapter shall be liberally construed.
(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 1 - Legislative Declarations › Section 61807.

61807. Nothing in this chapter permits or authorizes the development of conditions of monopoly in the production of market milk. In the establishment of the terms and conditions under which market milk shall be purchased from producers, the terms and conditions are those which will, in the several localities and markets of the state, and under the varying conditions of production, insure an adequate and continuous supply of pure, fresh, wholesome market milk to consumers of the market milk.
(Amended by Stats. 1982, Ch. 751, Sec. 24.)
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 1 - Legislative Declarations › Section 61808.

61808. The Legislature hereby declares that this chapter is intended to formulate a comprehensive scheme for the regulation of marketing milk. If, however, any provision of, or addition or amendment to, this chapter, either as originally enacted in 1935 at the 51st Regular Session of the California Legislature, or as amended, added to, recodified, or reenacted at any subsequent session of the California Legislature, should be held to be unconstitutional, the unconstitutionality of such provision does not affect any other provision of this chapter.
(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 1 - Legislative Declarations › Section 61809.

61809. If any article, section, subdivision, sentence, clause, or phrase of any provision of this chapter is for any reason held to be unconstitutional, such decision does not affect the validity of the remaining provisions of this chapter. The Legislature hereby declares that it would have enacted each article, section, subdivision, sentence, clause, or phrase of this chapter irrespective of the fact that one or more other articles, sections, subdivisions, sentences, clauses, or phrases is declared unconstitutional.
(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 1 - Legislative Declarations › Section 61810.

61810. Chapter 1 (commencing with Section 61301), Chapter 2.5 (commencing with Section 62500), and Chapter 3 (commencing with Section 62700) shall be liberally construed as being complementary of, and supplemental to, this chapter, and these chapters shall constitute a single comprehensive scheme for the regulation of the production and handling of market milk. However, each of the chapters, and each article, section, subdivision, sentence, clause, and phrase of each chapter is severable.
If one of the chapters or any article, section, subdivision, sentence, clause, or phrase of any one of the chapters is for any reason held void, invalid, or unconstitutional, the decision shall not affect the validity of the other chapter or any of its articles, sections, subdivisions, sentences, clauses, or phrases.
(Amended by Stats. 1987, Ch. 1074, Sec. 13. 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 1 - Legislative Declarations › Section 61811.

61811. No provision of this chapter, or of any stabilization and marketing plan formulated by the director pursuant to this chapter, is any limitation upon the right of any handler or producer-handler including any nonprofit cooperative association of producers which association is also a handler, by reason of the form or nature of the legal entity under which such handler conducts business, to sell or handle market milk, or any dairy product at prices or upon terms and conditions according to, and within, the several methods of handling, at or subject to which the market milk or dairy product lawfully may be sold or handled by any other handler.
This section does not make lawful or permit the payment by any such handler to a producer for market milk of prices less than the minimum prices prescribed in the applicable stabilization and marketing plan.
(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 1 - Legislative Declarations › Section 61812.

61812. Neither the repeal of former Chapter 2 of this part, the reenactment of this chapter nor the amendment of any provision of this chapter shall have the effect of terminating or invalidating any stabilization and marketing plan, including provisions thereunder regarding minimum prices to be paid producers for market milk, established by the director pursuant to this chapter or former Chapter 2 prior to the effective date of the repeal, enactment, or amendment. The director shall, however, establish minimum prices pursuant to the provisions of the enactment, or amendment at the earliest practicable date after the effective date of the amendment.
(Amended by Stats. 1983, Ch. 383, Sec. 1. Effective July 26, 1983.)
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 2 - Definitions › Section 61821.

61821. Unless the context otherwise requires, the definitions in this article govern the construction 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 2 - Definitions › Section 61822.

61822. “Board” means any advisory board created as authorized in this chapter.
(Added by Stats. 1977, Ch. 1192.)