reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1101 - Licenses; qualifications of holders; procedure

(a) No producer, processor, or sterilizer of milk or its byproducts may operate without a license issued therefor by the Administrator.
(b) The Administrator shall be under obligation to grant or renew licenses after finding that the applicant has complied with the laws and regulations applicable in the Commonwealth of Puerto Rico relative to health and sanitation in milk production, processing, sterilizing, handling, and sale; and with all applicable provisions, in the proper case, of the law creating the Milk Industry Regulation Office and the regulations, orders or resolutions approved thereunder.
Any interested person shall apply for the issuance of the proper license within the thirty (30) days following the effectiveness of §§ 1092—1118 of this title. Persons lawfully operating businesses as of the date such sections take effect in any phase within the industry may continue to operate same in like manner while the application in each specific case is acted upon.
(c) The Administrator shall not refuse a license so applied for without first offering the applicant an opportunity to prove his qualifications at a public hearing before the Administrator or his agent, with full protection of his constitutional rights through due process of law.
The requirements mentioned in this section are equally applicable in the case of the possible suspension or cancellation of a license.
(d) The reviewing of a decision of the Administrator involving an application for issuance, renewal, suspension, or revocation of license shall be in accordance with the review procedure established in § 1107 of this title.
(e) Subject to the provisions of this section, it shall be unlawful for any producer, processor or sterilizer of milk or its byproducts to operate as such without the license herein required.
Any natural or juridical person committing such violation shall be subject to the penalties expressed in § 1114 of this title.
(f) The Administrator is hereby authorized provisionally to grant exemption from the license required, upon finding that such requirement is not then necessary for the purpose of effectuating the public policy of §§ 1092—1118 of this title. Such exemption shall be valid until subsequent finding that it is necessary to require the license in such case so as to effectuate the public policy and the purposes of §§ 1092-1118 of this title.
History —June 11, 1957, No. 34, p. 67, § 10.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1102 - Grounds for refusing, suspending or revoking licenses

The Administrator may refuse to grant or renew a license, or may suspend, revoke or refuse the transfer of a license already granted, if he shall find that the applicant or the holder of a license has committed any of the following offenses: (1) has failed to comply with, or has been a responsible member or officer of a partnership or corporation that failed to comply with, any of the provisions of §§ 1092-1118 of this title, or with any order, resolution or regulation hereunder; (2) is a person, partnership or corporation or business organization in which some person with material position, interest or controlling power has previously been fully or partially responsible for any act for which a license was or may be refused, suspended or revoked under the provisions of such sections; (3) has not furnished the bond required by the Administrator according to law; (4) has not complied with the laws and regulations applicable in the Commonwealth relative to health and sanitation in milk production, processing, handling, or sale; (5) has rejected without cause the milk after receiving same from a producer, or has refused to accept, without cause or reasonable previous notice, milk delivered by or on behalf of a producer in the regular course of an established going concern, save where a contract has been legally terminated. In the absence of an expressly or implicitly fixed period of time, “reasonable previous notice” shall be understood to mean not less than two weeks nor more than four weeks; (6) has failed to deliver the milk produced by his dairy, without cause and reasonable previous notice, to the processor with whom he had contracted for the delivery; (7) has violated any stipulation or any written agreement entered into with the Administrator in the course of some proceeding hereunder; (8) has made a material misstatement in his application, or (9) any other practice which, as determined by the Administrator, constitutes a practice which in some way interferes unfairly with the proper regulation of the milk industry and its byproducts, or which hinders the application of the public policy and the purposes of such sections.
History —June 11, 1957, No. 34, p. 67, § 11.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1103 - Approval and judicial review of regulations

(a) The regulations shall, once approved by the Secretary, have the force of law, and the Secretary shall transmit copies thereof to the Legislature of Puerto Rico.
(b) The approval of any regulation shall be after a public hearing held before the Administrator or his agent, in which all parties concerned may participate. The holding of a hearing for the purpose expressed in this subdivision shall be announced in a newspaper of general circulation in the Commonwealth with at least five days’ notice.
(c) The regulations so approved shall take effect from the date whereon approval thereof is announced indicating where and how copies may be obtained.
(d) For the approval of new regulations and the taking effect of amendments to existing regulations, the foregoing procedure shall be followed.
(e) The validity of a regulation in force, approved hereunder, or of any amendments thereto, may be challenged by any party actually interested who considers himself aggrieved; such challenge may be through petition for review before the Court of First Instance of Puerto Rico, within the fifteen (15) days following the taking effect of the regulations or of the amendment in question. Such review shall be limited to issues of law, and the findings of fact of the Administrator, supported by substantial evidence in the record, shall be conclusive. The party aggrieved by the judgment of the Court of First Instance may petition for review through certiorari by the Supreme Court of Puerto Rico within twenty (20) days after service of notice of the judgment. The Supreme Court may issue the writ on the merits of the petition, and shall, in case of a denial, set forth the reasons therefor, but in no case shall it stay the effects of the judgment of the Court of First Instance pending decision of the petition.
(f) In transacting the petition for judicial review authorized in this section, the Administrator shall transmit to the Court of First Instance the original record of the case within the fifteen (15) days following the date whereon the petition for review was filed. He shall likewise prepare and certify as correct the transcript of the stenographic record of the case, which shall be transmitted to the court on request of the party in interest, upon payment of the proper fees and as and within the term directed by the court.
(g) The procedure established in this section for challenging regulations approved by the Secretary is exclusive and said regulations shall not be subject to collateral review.
History —June 11, 1957, No. 34, p. 67, § 12.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1104 - Orders to cease and desist, and correctives

(a) Upon finding, in the course of the procedure authorized in §§ 1092—1118 of this title, that a respondent has violated said sections or an administrative order or resolution, or a regulation approved thereunder, the Administrator may issue against the respondent an order to cease and desist, and may prescribe the corrective terms and conditions which, from the evidence at his disposal, he shall find are beneficial to the public interest.
The orders issued by the Administrator under this section may include, among others, any of the following terms or conditions, or parts thereof, and other similar ones with like corrective purpose, such terms and conditions being subject to the regulations prescribed in support of the enforcement of said orders:
(1) To prohibit the sale of milk to purchasers favored by discriminatory or unreasonable prices.
To this end, the Administrator is authorized to prohibit the sale or offer of reasonably equal quantities and grades of milk under similar conditions to different purchasers at unreasonably different prices.
Likewise, he is authorized to prohibit the sale or offer of milk of special qualities or grades or with an unaccustomed amount of service, or using unusual containers at prices without a reasonable margin of difference from prevailing costs between such sales or offers, and current sales.
(2) To enjoin the respondent from supplying or receiving or offering to supply or receive, directly or indirectly, in connection with a sale or purchase of milk or offer of sale or purchase of milk:
(A) Any rebate, discount, premium, gift, or other thing of value.
(B) An unreasonable service, or extension of credit, or an advertisement concession.
(C) Prohibiting charging a combined price for milk and other commodity, or a service which is or appears to be less than the total price of the milk and the price or value of such commodity or service, when sold or offered for sale separately.
(D) Prohibiting, otherwise, applying or trying to apply any method or plan directed to defeat the policy of this part, or to defeat or evade any provision of this part or of any order, finding or regulation issued thereunder.
(b) Nothing contained in §§ 1092—1118 of this title shall be construed to prevent a producer, processor, sterilizer or dealer to participate in any program sponsored or conducted by the Administrator, directed to supply milk at specially low prices to groups designated by the Administrator himself, for the purpose of increasing consumption. To this end, hearings may be held and the proper orders may be issued, which may affect one or more dealers, separately or concurrently. Said hearings may be held upon such notice as the emergency may reasonably permit.
(c) Orders issued hereunder shall be served on the respondent involved at his place of business or by registered mail to this last known address.
History —June, 11, 1957, No. 34, p. 67, § 13; July 20, 1979, No. 127, p. 306, § 6.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1105 - Bonds

(a) The Administrator may require producers, handlers, processors, sterilizers and sellers of milk and its byproducts to furnish bond in his office when the Administrator deems it necessary in order to effectuate the public policy and the purposes of §§ 1092—1118 of this title.
(b) The bond required by the Administrator shall in no case exceed double the total value of the milk produced, received, or bought by the obligor during any month of the calendar year prior to the date whereon the bond was required. The amount of the bond required may be reviewed every six months.
(c) In his finding with respect to the need for requiring the bond, as well as to the amount thereof, the Administrator shall take into account the financial condition of the obligor and his record of performance in his financial obligations toward the producers, pasteurizers, handlers or sellers with whom he deals.
(d) Said bond shall be conditioned upon prompt payment for the purchase, and performance of the contracts for the delivery, of milk and its byproducts. If at a given time the bond is not sufficient to answer for the debts of the obligor to the producer, handler, processor, sterilizer or seller, as the case may be, said bond shall be allocated pro rata between the said creditors. Claims presented to the Administrator upon his request shall constitute prima facie evidence of the amount of the debt in any action brought by the creditors entitled to claim under the provisions of this section.
(e) Breach of any of the terms of the bond shall constitute grounds for the suspension or revocation of the license.
History —June 11, 1957, No. 34, p. 67, § 14.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1106 - Judicial review of final orders or resolutions

(a) Any person feeling aggrieved by a final order or resolution of the Administrator may, within ten (10) days after service of notice thereof, petition for review before any part of the Court of First Instance of Puerto Rico. Such review shall be limited exclusively to issues of law. There may be a joinder of petitions for review whenever the questions raised therein are similar.
(b) The Administrator may resort to the Court of First Instance for enforcement of his order to cease and desist or any other corrective order, whenever he shall deem it necessary. Disobedience by the respondent of a judicial order granting such request shall constitute contempt.
(c) The Administrator shall transmit to the Court of First Instance the original record of the case within the fifteen (15) days following the date the petition for review was filed. He shall likewise prepare and certify as correct the transcript of the stenographic record of the case, which shall be transmitted to the court on request of the party in interest, upon payment of the proper fees and as and within the term directed by the court. The party aggrieved by the judgment of the Court of First Instance may petition the Supreme Court of Puerto Rico for a review thereof within twenty (20) days after service of notice of the judgment on him. The Supreme Court may issue the writ on the merits of the petition, and shall, in case of a denial, set forth the reasons therefor, but in no case shall it stay the effects of the judgment of the Court of First Instance pending decision of the petition. In resolutions or orders of the Administrator, no writ of certiorari shall issue through any procedure other than the one prescribed in this section.
(d) The effect of an order, regulation or resolution so challenged shall at no time be stayed until a judicial decision is had granting the writ of appeal or of review instituted.
History —June 11, 1957, No. 34, p. 67, § 15.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1108 - Cooperative associations

The Administrator shall encourage by all means he may deem adequate the creation and development of cooperative associations in the milk industry and its by-products whenever he shall deem it expedient to effectuate the public policy and the purposes of §§ 1092—1118 of this title.
History —June 11, 1957, No. 34, p. 67, § 17.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1109 - Public hearings

The Administrator shall have authority to direct the holding of public hearings before him or his duly authorized agent whenever he shall deem it necessary to enforce the public policy and the purposes of §§ 1092—1118 of this title.
History —June 11, 1957, No. 34, p. 67, § 18.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1110 - Unlawful practices

Any person operating a business in the milk industry or its by-products who shall do any act in violation of the provisions of §§ 1092—1118 of this title, or against an order, administrative resolution, or regulation approved hereunder, shall incur in an unlawful practice and shall be subject to the penalties fixed in such sections.
History —June 11, 1957, No. 34, p. 67, § 19.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1111 - Unlawful commercial practices; disorganization of the market

(a) It shall be unfair business practice for any processor, sterilizer or dealer in a marketing area to sell or otherwise dispose of milk at prices which the Administrator, after due notice and opportunity of hearing before him or his designated agent, determines that it creates an emergency to disrupt or undermine or to try to disrupt and undermine the prices required hereunder to be paid by such processor, sterilizer or dealer for the milk received or bought from producers, or for putting such processor, sterilizer or dealer in jeopardy of becoming unable to pay in full and promptly for said milk.
(b) No discriminatory reduction of prices shall be made in any distribution medium. Every price reduction in any distribution medium shall be considered discriminatory and prejudicial to the public interest which is not made extensive in general to all purchasers in said distribution medium throughout all zones of operation of the processor making same. Every price reduction contemplated in any or all distribution media shall be notified to the Administrator at least ten (10) days in advance of the day it will become effective.
(c) Liquid milk shall not be sold at any level of distribution at a price other than that fixed by the Administrator for said level.
History —June 11, 1957, No. 34, p. 67, § 20; Dec. 14, 2007, No. 209, § 4.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1112 - Stay of administrative resolutions or orders

The Administrator may render ineffective any of his administrative orders or resolutions upon finding that the same obstructs or does not tend to effectuate the public policy and the purposes of §§ 1092—1118 of this title. He may likewise stay such order or resolution until the same becomes necessary to effectuate the public policy and the purposes of such sections.
History —June 11, 1957, No. 34, p. 67, § 21.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1113 - Injunctions

(a) Whenever, after investigation to that effect, the Administrator shall have reasonable grounds to believe that a certain natural or artificial person has violated or is violating any provisions of §§ 1092—1118 of this title or of the regulations promulgated hereunder, he may in his own behalf petition the Court of First Instance for the proper writ of injunction, which shall be effective until final adjudication by the Administrator.
(b) No provisional writ of injunction shall issue without previous notice, unless a petition shall plead that substantial and irreparable damage to the public interest would otherwise unavoidably result. A writ of injunction issued without previous notice shall not last beyond five (5) days.
(c) No injunction shall issue to stay the application of §§ 1092—1118 of this title or of the regulations approved hereunder.
History —June 11, 1957, No. 34, p. 67, § 22.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1114 - Violations and penalties

(a) Any person violating or refusing or neglecting to comply with any provision of §§ 1092—1118 of this title, or of any regulation, order or resolution of the Administrator issued hereunder, with the exception of the violations contained in § 1097 of this title, shall incur a misdemeanor and be punished, upon conviction thereof, with a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or confinement for a period no longer than six (6) months, or both penalties, at the discretion of the court.
(b) Any person violating or refusing or neglecting to comply with any provisions of §§ 1092—1118 of this title, or of any regulation, order or resolution of the Administrator issued hereunder, except for violations contained in § 1097 of this title, may be subject to an administrative fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000). Before imposing this fine, the Administrator shall hold a hearing before him or his agent, with full protection of the constitutional rights of the person affected by the proceeding.
The decision of the Administrator in cases covered by this subsection shall be reviewable according to the procedure established in § 1106 of this title.
History —June 11, 1957, No. 34, p. 67, § 24; July 20, 1979, No. 127, p. 306, § 7.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1115 - Authority of the Court of First Instance

Authority is hereby conferred on the Court of First Instance of Puerto Rico to take cognizance of cases instituted for commission of the offenses established in §§ 1092—1118 of this title. Said cases shall be heard before a court without a jury and it shall be the duty of the Secretary of Justice to sustain the proper indictments.
History —June 11, 1957, No. 34, p. 67, § 25.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1116 - Rule of construction

Sections 1092—1118 of this title shall be liberally construed in favor of the authority of the Administrator to regulate the milk industry and its byproducts to the end of effectuating and enforcing the public policy and the purposes of such sections.
To this effect, the Administrator may work out and adopt the necessary plans and measures to meet the changing variations and conditions of the industry, all for the purpose of protecting the general interest and the public policy.
History —June 11, 1957, No. 34, p. 67, § 26.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1117 - Annual report

The Administrator shall submit to the Secretary a report of his activities during the preceding fiscal year, including information, data and recommendations concerning the matters handled under §§ 1092—1118 of this title.
History —June 11, 1957, No. 34, p. 67, § 27.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1118 - Sanitary laws in force

Nothing provided in §§ 1092—1118 of this title or in the regulations approved hereunder shall operate to repeal or amend the laws of a sanitary nature governing the milk industry.
History —June 11, 1957, No. 34, p. 67, § 28.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1119 - Fresh-milk vending machines in public buildings and schools

(a) The establishment, installation and operation of fresh-milk vending machines in public buildings, including public schools, of the Commonwealth of Puerto Rico, is hereby authorized. The establishment, installation and operation of such machines shall be free of any cost, expense or stipend to the Commonwealth of Puerto Rico, or to the department, agency or instrumentality occupying or using the building where they are installed. Provided, That the person responsible for said machines shall not be charged for the space occupied by same in the public buildings nor for the consumption of electric power for their operation.
(b) The installation, operation and use of said milk vending machines shall be carried out in accordance with existing regulations of the Department of Health or such new regulations as said Department may deem necessary to promulgate. Provided, That no machine of this type shall be installed without first having obtained the corresponding permit from the Department of Health.
The Department of Health shall see to it that the type of machine, the containers, the utensils, and the quality of the milk are adequate from a sanitary point of view, in determining whether or not the permit is in order.
(c) The Milk Industry Regulation Administrator is hereby authorized to promulgate such regulations as may be necessary for the installation, operation and use of said fresh-milk vending machines, which regulations shall be in conformity with the regulations of the Department of Health and the procedure established by §§ 1092—1118 of this title for the approval of regulations. Nothing herein provided limits the authority of the Secretary of Transportation and Public Works to grant permits for the installation of said machines upon recommendation of the Department of Health; Provided, however, That such power may be delegated to the said Department of Health.
History —June 13, 1964, No. 53, p. 119, §§ 1-3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1120 - Milkmen and their helpers

(a) The laws and decrees establishing maximum working periods for employees in the milk and cattle industries, or in any manner regulating the maximum working hours of the employees of such industries, shall not be applicable to milkmen and their helpers, in their peddling of fresh milk and other dairy products.
(b) The Minimum Wage Committees may recommend, and the Minimum Wage Board may approve, in the decrees applicable to the milk industry, minimum commissions to be paid to peddlers of fresh milk and other dairy products and their helpers.
(c) The provisions contained in the laws and decrees applicable to the milk and cattle industries regarding leave of absence, a seventh day for rest, sick leave, and other work conditions guaranteed to the other employees of those industries and not related to maximum working hours, shall subsist in their full force and effect with regard to milkmen and their helpers.
History —June 30, 1965, No. 114, p. 319, §§ 1-3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1121 - Definitions

For the purposes of the provisions of §§ 1121—1125 of this title the following definitions of words and phrases shall govern, except when their context clearly indicates otherwise:
(a) Filled milk. — Includes any milk, cream, fats or skimmed milk, whether or not evaporated, condensed or powdered, to which there has been added or which has been mixed or compounded with any fats or oil other than fats from natural milk, in such a way that the product so processed is an imitation or resembles milk, cream, fats or skimmed milk, whether or not evaporated, condensed or powdered.
(b) Imitation milk. — Is a product that, in its processing, fats or solids are used which have not been derived from natural milk, that have been processed by a mixture of fats, proteins, vitamins and/or other substances which are not lacteous, in such way that in its final combination it tries to duplicate the color, taste, odor and/or texture of natural milk.
(c) Person. — Any natural or [juridical] person, trade name, association or entity, including any of their agents.
(d) Establishment. — Includes dock, warehouse, store, factory, premises or building.
History —June 25, 1969, No., 67, p. 206, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1122 - Prohibition

It shall be unlawful, within the jurisdiction of the Commonwealth of Puerto Rico, to manufacture, sell, offer for sale, exhibit for sale or supply, interchange, possess, cede or transport artificial milk known as filled milk or imitation milk.
This prohibition shall not include any particular food product with a trademark, with a flavor not to be easily confused with that of milk or with milk cream, or with the milk or cream of evaporated, condensed or powdered milk, when such compound: (1) is prepared and intended for the feeding of infants and young children and is regularly used through medical prescription; (2) if packaged in individual tin containers with no more than sixteen and a half ounces, and bears a label which states in letters clearly distinguishable that the contents can only be used for said purpose; and (3) is supplied at wholesale or retail exclusively to physicians and pharmacists, orphan asylums, children welfare associations, hospitals and similar institutions where it is generally dispensed by the latter.
History —June 25, 1969, No. 67, p. 206, § 3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1123 - Power of Secretary of Agriculture

The Secretary of Agriculture is hereby directed and empowered through himself or through his lawful representatives to:
(a) Administer and supervise the execution of §§ 1121—1125 of this title.
(b) Approve the necessary regulations for the enforcement of the provisions of §§ 1121—1125 of this title which shall be governed by the Rules and Regulations Act of 1958, former §§ 1041—1059 of Title 3.
(c) Take samples and make the necessary analyses to guarantee the enforcement of §§ 1121—1125 of this title.
(d) Enter into any establishment, under reasonable circumstances, and inspect any container, material, equipment, product, device or vehicle to guarantee the enforcement of §§ 1121—1125 of this title.
(e) Require to be supplied, for inspection, any record, book, document or printed material, to ensure the enforcement of §§ 1121—1125 of this title.
(f) Carry out such periodical inspections and investigations as he may deem necessary for uncovering violations of §§ 1121—1125 of this title.
(g) Receive complaints and provide for the investigation thereof.
(h) Provide for the filing of civil or criminal actions, or both, which may arise through violations of the provisions of §§ 1121—1125 of this title.
History —June 25, 1969, No. 67, p. 206, § 4.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1124 - Remedies

The provisions of §§ 1121—1125 of this title may be enforced through injunctions issued, on the request of any person or private or government entity, by any court with jurisdiction.
Artificial milk or imitation milk unlawfully possessed or involved in violation of the provisions of §§ 1121—1125 of this title shall be subject to embargo and disposal through judicial order.
History —June 25, 1969, No. 67, p. 206, § 5.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1125 - Penalties

Any person, who violates any of the provisions of §§ 1121—1125 of this title, or any regulations approved in accordance therewith, or any officer, agent or employee thereof who orders or who knowingly permits such violation or aids in its performance, shall be guilty of a misdemeanor, and upon conviction, shall be punished for the first offense by a fine of not less than one hundred dollars ($100) nor greater than three hundred dollars ($300); in cases of recidivism he shall be punished by a fine of not less than three hundred dollars ($300) but not greater than one thousand five hundred dollars ($1,500) or by imprisonment for a term of not more than ninety (90) days or by both penalties in the discretion of the court.
Each separate violation shall be considered as a separate offense, except the violation for the continuous uncompliance of the provisions of §§ 1121—1125 of this title, in which case, each day shall be considered a separate offense.
History —June 25, 1969, No. 67, p. 206, § 6.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1125a - Ultra-pasteurized milk

(a) The sale of any type of milk for human consumption from farms where the stimulant or hormone known as the “recombinant bovine Somatotropin” or “rbST” is used is hereby prohibited. The Milk Industry Regulation Office shall require appropriate evidence by regulations, such as a sworn statement from milk producers that supply said product, stating that no such stimulant hormone was used to ensure compliance with the provisions of this subsection.
(b) The Milk Industry Regulation Office is hereby directed to promulgate regulations to establish temperature and quality controls in the transportation, storage, and distribution process of UHT milk marketed in Puerto Rico. The foregoing shall guarantee that the UHT milk sold has not suffered any nutrient degradation for having been exposed to temperatures higher than 20 degrees Celsius (20°C) or 70 degrees Fahrenheit (70°F), which causes a rapid decline in nutritional value in UHT milk, considerably losing its quality. ORIL shall require attesting evidence of compliance with this section.
(c) If any part or provision of this section were held to be null by a court with competent jurisdiction, such holding or Order shall not affect or invalidate the remaining provisions of this section.
History —Nov. 18, 2011, No. 221, §§ 1–3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1126 - Definitions

The following terms have the meaning expressed hereinbelow:
(a) Administrator. — The Milk Industry Regulation Administrator, created by virtue of §§ 1092—1118 of this title.
(b) Producer quota. — The contribution of the total quota that a producer has to produce in quarts of milk every fourteen (14) days.
(c) Total quota. — The amount of quarts of milk that the Office of the Milk Industry Regulation Administrator assigns to milk producers, to be produced every fourteen (14) days, in accordance with the market’s needs.
(d) Catastrophic event. — Any typical weather phenomenon causing a declaration of a national state of emergency, which interrupts the regular operations of the milk industry.
(e) Fresh milk. — Milk in its natural state, be it raw or pasteurized and homogenized, sold to the public for its direct consumption.
(f) License. — The permit issued to milk producers by the Administrator for the operation of dairies.
(g) Office. — The Office of the Milk Industry Regulation Administrator.
(h) Milk producer. — Any person who is owner, administrator or in charge of dairies.
(i) Transaction. — The sale, lease or bequest of the producer quota.
—Sept. 2, 2000, No. 301, § 2, eff. 6 months after Sept. 2, 2000.
History
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1127 - Registry of Quota Transactions

The creation of the Registry of Quota Transactions is hereby [provided] for milk producers in Puerto Rico. Said registry shall be under the custody of the Office of the Milk Industry Regulation Administrator of Puerto Rico. Its main official shall be its Administrator, who shall be empowered to delegate his functions upon those employees and subordinates he deems necessary.
History —Sept. 2, 2000, No. 301, § 3, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1128 - Unit of registration

The milk producer license shall constitute the unit of registration. Each license shall be granted a page, which shall be designed in such a way as to allow its conservation and avoid fraud, alteration, deterioration or loss.
Electronic data processing systems may be used to facilitate the organization and operation of the registry in all its aspects. Certifications shall be issued at the request of the interested party regarding the contents or circumstances of each unit of registration.
The Administrator, or his/her appointed official, shall issue the certifications and may, through regulation, collect a reasonable amount for said issuance. The certifications shall be issued in writing.
History —Sept. 2, 2000, No. 301, § 4, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1129 - Book of entries and filing of transactions

The Registry shall keep a daily book of entries for the filing of documents in chronological order, date, time, number of filing, and other circumstances. Filing of documents for the Registry of Quota Transactions shall be done in person.
The transactions or constitution of liens upon quotas to be inscribed may be filed by:
(a) The person who acquires the right.
(b) The person who transfers the right.
(c) The person with interest in assuring that the right be inscribed.
(d) A representative of any of the aforementioned persons. The name and address of the person who is being represented shall be registered in the book of entries.
The Administrator or his/her appointed official at the time the documents for the Registry of Quota Transactions are received shall issue a certification that shall include the date, exact time and filing number of the submitted documents.
History —Sept. 2, 2000, No. 301, § 5, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1130 - Transaction forms

Transactions that are filed for inscription shall be in written documents, and the signature of the executing parties shall be acknowledged and authenticated before a notary public.
The transaction does not need to be recorded by public deed, but if said juridical business is contained in a public deed, it can be filed for inscription.
Transfers to heirs or legatees shall be made with the filing of the same documents required for the same purposes by the Puerto Rico Property Registry.
History —Sept. 2, 2000, No. 301, § 6, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1131 - Examination and approval of the documents

The Administrator shall have the necessary power to examine and approve the validity of the documents filed before the Registry, such as documents issued by a court and public deeds. Said examination shall include the extrinsic forms of the documents filed and the legal capacity of the executing parties. In addition, it shall be examined that all the documents necessary for each transaction are filed, pursuant to the regulation promulgated to that effect regarding the filing procedure.
If the Administrator denies the inscription of a document that contains one transaction, the affected parties may request a reconsideration of said decision, within twenty (20) days from the notification date. The reconsideration shall be solved through resolution issued to that effect by the Office of the Administrator, for which an administrative review may be requested through the mechanisms provided by §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”. If the reconsideration or the decision made by the court is in favor of inscribing the document, said inscription shall be retroactive to the date it was originally filed.
History —Sept. 2, 2000, No. 301, § 7, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1132 - Annotation of attachment and prohibition to alienate

Any annotation of attachment, prohibition to alienate or any other order related to the quota issued by a competent court, may be filed by:
(a) The person obtaining a judicial order of attachment in his/her behalf of the debtor’s movable property and titleholder of the quota.
(b) The person who, during a trial, claims compliance with any obligation and obtains the resolution or judgment ordering the prohibition to seize the quota from its owner of record.
(c) Any state of federal government entity that obtains in its behalf a judicial order of attachment, resolution or judgment ordering a prohibition to seize the quota from its owner of record.
History —Sept. 2, 2000, No. 301, § 8, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1133 - Creditor preference

Any creditor, who obtains on his behalf a notation of attachment, shall have preference over others credits contracted after wards against the same debtor.
History —Sept. 2, 2000, No. 301, § 9, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1134 - Cancellation of inscriptions and annotations

Inscriptions of transactions, annotations of attachments and liens are cancelled by the filing of another contract or document of the same nature in which the owner or beneficiary of record by said inscription expresses his/her consent to said cancellation. Said document shall be authenticated before a notary public.
History —Sept. 2, 2000, No. 301, § 10, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1135 - Liens upon quotas

(a) Liens upon quotas subject them, directly and immediately to compliance with the obligation for the security of which they were constituted. Liens recorded in this registry shall constitute an effective encumbrance upon quotas, provided said liens were constituted or recorded in additional compliance with §§ 1221 et seq. of Title 19, which pertains to guaranteed transactions.
(b) In the case of the sale of an encumbered quota, if the seller and the buyer agreed on buyer’s subrogation, not only in the responsibility related to the lien, but also in the personal obligation guaranteed with it, if any, the seller may be released from said obligation if the creditor gives his express consent.
(c) When several quotas are encumbered at the same time for one credit, the amount or part of the lien for each shall be determined.
(d) The lien upon quota shall subsist as is, while it is not cancelled. However, if the guaranteed obligation is reduced, the debtor may request a partial release to the creditor corresponding to such reduction.
(e) If a credit guaranteed by a lien upon a quota is totally or partially due and payable, the creditor may execute said lien by obtaining a judgment against the debtor in the Court of First Instance with jurisdiction, and an order of execution of said judgment upon the encumbered quota.
History —Sept. 2, 2000, No. 301, § 11, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1136 - Leasing of quotas

Any milk producer may lease a portion or the total amount of his quota up to a maximum of five thousand (5,000) quarts of milk every fourteen (14) days, provided that both the lessor and the lessee possess a valid license to operate a first class dairy issued by the Office. A producer may acquire by lease the amount of quotas he desires.
Any milk producer who incurs in a violation against Regulation No. 138 of November 16, 1990, as amended, of the Puerto Rico Department of Health or against Regulation No. 5 of October 29, 1991, as amended, of the Office of the Milk Industry Regulation Administrator, may not lease his/her quota nor lease any quota to another producer until he/she complies with the regulations mentioned herein.
Leasing quotas of more than five thousand (5,000) quarts of milk every fourteen (14) days is hereby prohibited, except in those cases where the dairy production is affected by any catastrophic event or by any cattle disease. Under said circumstances, the milk producer may request a special permit to the administrator and the governing board that administers the price stabilizing fund in order to access the maximum allowed by law. Said permit shall be approved by the Administrator and by the Governing Board that administers the Price Stabilizing Fund.
The Administrator, through regulation promulgated to that effect, shall establish the proceeding to record said leases in the Registry of Quota Transactions created by this chapter. The effectiveness of the lease contracts shall not exceed one (1) year, and they may be renewed but not transferred.
Any violation to the provisions established herein as to the leasing of quotas, shall cause the cancellation of the license and confiscation of the total quota of the infringing milk producer.
—Sept. 2, 2000, No. 301, § 12, eff. 6 months after Sept. 2, 2000.
History
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1137 - Mechanism for the sale and disposition of quotas

Any quota, or any part of it, to be sold by a milk producer or by any person or financial institution that had acquired it through an execution of guarantee, except in those cases in which the bonafide milk producer had acquired it for himself, must use and dispose of the same through the mechanism established by the administrator through regulation promulgated to that effect.
History —Sept. 2, 2000, No. 301, § 13, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1138 - Existing liens

All existing liens upon quotas recorded in the Office and in the Puerto Rico Property Registry, shall remain in effect and may be used by the interested for financing purposes, until they are cancelled.
History —Sept. 2, 2000, No. 301, § 14, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41A - Milk Industry Production Quota Transactions Registry (§§ 1126 — 1139) › § 1139 - Interpretation

This chapter shall be interpreted liberally in favor of the authority of the Administrator to regulate the milk industry and its products, in order to put the public policy into effect, and to comply with the purposes of §§ 1092—1118 of this title.
The Administrator shall be empowered to approve any regulation deemed necessary, pursuant to the provisions of this chapter. In addition, he shall be empowered to formulate and adopt any plan and measure deemed necessary to face the changing variations and conditions of the milk industry, in order to protect the general interest and the prevailing public policy.
History —Sept. 2, 2000, No. 301, § 15, eff. 6 months after Sept. 2, 2000.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 43 - Legal Assistance to Low-Income Farmers (§§ 1151 — 1154) › § 1151 - Office; creation

The Office of Legal Assistance to Low-Income Farmers is hereby created in the Department of Agriculture, which office shall have the personnel assigned to it by the Secretary of Agriculture.
History —July 13, 1960, No. 123, p. 346, § 1, retroactive to July 1, 1960.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 43 - Legal Assistance to Low-Income Farmers (§§ 1151 — 1154) › § 1152 - Duties

The Office of Legal Assistance to Low-Income Farmers shall offer assistance of a legal character in matters, both administrative and judicial, which are not attended to by other offices of the Department of Agriculture or other agencies of the Commonwealth Government, according to the following norms:
(a) Eligible for the services provided by §§ 1151—1154 of this title shall be those farmers whose financial means do not allow them to pay for the services of a lawyer.
(b) No services shall be rendered in suits against the Commonwealth Government.
(c) The services herein authorized shall include consultations and proceedings related to the agricultural and economic activity of the person concerned, but shall not be extended to cover violations of laws and regulations promulgated by the Commonwealth.
History —July 13, 1960, No. 123, p. 346, § 2, retroactive to July 1, 1960.