2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1099 - Milk Industry Development Fund; Administrative Board

(a) A Milk Industry Development Fund is hereby created, to be used for promoting the production, sale, processing and consumption of fresh milk and its byproducts, and in any other activity necessary for the advancement of the milk industry.
(b) The Fund shall be supported by contributions from milk producers at the rate of one-half (1 / 2) cent for each quart of milk produced and accepted by the processors for pasteurizing. Milk producers shall pay said contribution, according to the quarts of milk produced and accepted by the processors for pasteurizing.
(c) When the situation of the industry and/or the economic condition of the Fund may so warrant, the Administrator may vary the half (½) cent contribution fixed in subsection (b) of this section, but in no case shall he set a contribution higher than one (1) cent for each quart of milk that may be produced by the producers and accepted by the processors for pasteurizing. Provided, That if the Administrator may deem [it] necessary to increase the contribution in excess of one-half (½) cent per quart, he must hold public hearings to such effect in accordance with the proceeding established by §§ 1092—1118 of this title.
(d) If the Administrator reduces the contribution established in this section and afterward shall find that an increase is in order, within the limits allowed in this section, he may not in any [way] order such increase without a public hearing, before him or his agent, with at least 10 days’ notice published in a newspaper of general circulation.
(e) All monies in the Fund shall be deposited in those banking institutions chosen by the Board, but which shall be acknowledged as depositories of funds of the Commonwealth of Puerto Rico, but they shall be kept in an account or accounts under the name of the Fund. The collections and disbursements shall be made in accordance with the regulations adopted by the Administrative Board. The disbursements shall not be subject to a preliminary audit by the Secretary of the Treasury. Besides the Administrator, who shall be its Chairman, the Administrative Board which shall administer the Fund, shall be composed of: (i) five (5) representatives of the producers; (ii) one (1) representative of each processor up to a maximum of two (2) representatives, and (iii) two (2) private citizens. These nine (9) members shall be appointed by the Secretary and chosen as follows: (i) the five (5) members representing the producers shall be chosen by ballot by the Farmers Association of Puerto Rico at a meeting called for such purposed and presided over by said Association; (ii) the members representing the processors shall be chosen from the recommendations submitted by each processor, providing, however, that in the future, if said group has three (3) or more bona fide members, the representation of said group to the Board shall be composed of a maximum of two (2) members chosen by ballot by the processors; and (iii) the two (2) private citizens shall be chosen by the members of the Board producers and processors, and shall be persons of good reputation and acknowledged experience in managerial or professional matters. The Administrator shall be an ex-officio member and Chairman of said Administrative Board; Provided, That he/she shall only vote when needed to break the deadlock in decisions made by the Administrative Board.
(f) The Board may appoint and contract for the personnel necessary to fulfill the purposes of §§ 1092—1118 of this title, without subjection to Act No. 345 of May 12, 1947; and may contract for the purchase and sale of properties and services without subjection to Act No. 96 of June 29, 1954, following, in the exercise of its functions, the normal business practices of private enterprise.
(g) The Milk Industry Development Fund, through its Administrative Board, may exercise all those corporate powers, which are not incompatible with those expressed herein, that are granted to private corporations through the laws of Puerto Rico, and to carry out all those powers, in and out of Puerto Rico, to the same extent any natural or juridical person could or would do.
History —June 11, 1957, No. 34, p. 67, § 8; June 28, 1961, No. 131, p. 281, § 1; June 15, 1967, No. 136, p. 444; July 20, 1979, No. 127, p. 306, § 5; Dec. 19, 2002, No. 278, §§ 1, 2.