California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 1 - Unlawful Practices in Marketing Milk and Dairy Products › Article 5 - Terms and Conditions, Price Differences and Meeting Competition › Section 1945 - Records to be Kept as to Price Variation to Meet Competition at a Particular Location

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 distributor who in good faith meets, or has met, pursuant to the provisions of
					 section 1944, a lawful competitive price,
					 including conditions relating to milk and dairy products, shall retain in his
					 files for the period during which the distributor meets such lawful competitive
					 price, including conditions, and for a period of three years thereafter,
					 information detailing the circumstances applicable to the distributor's meeting
					 of the lawful competitive price, including conditions. Such record information
					 shall include the lawful competitive price and conditions met, the effective
					 date of such price and conditions, and such other information as may be
					 required by the director to determine that the competitive price, including
					 conditions met, represents current marketing practices.
(b) The meeting of competitive prices
					 pursuant to section
					 1944 and this section shall be
					 subject to the record keeping requirements of section
					 61441 and
					 61442 of the Code.
(c) All meeting of competitive prices by a
					 distributor pursuant to section
					 1944 shall be subject to review by
					 the Secretary at any time in order that the Secretary may verify that such
					 exceptions are current lawful competitive prices and conditions.
(d) Not less often than once every six (6)
					 months, the distributor shall review his records as to meeting competition
					 under the provisions of section
					 1944, in order to verify that such
					 records, and the prices and conditions therein, are current lawful competitive
					 prices and conditions. If such review discloses that the competitive prices and
					 conditions no longer exist, the distributor shall bring such prices into
					 conformity with his current lawful price.
1. New
						section filed 10-6-77; effective thirtieth day thereafter (Register 77, No.
						41).
2. Amendment of NOTE filed 6-12-79; effective thirtieth day
						thereafter (Register 79, No. 24).
3. Repealer and new section filed
						5-15-80; effective thirtieth day thereafter (Register 80, No.
						20).
4. Amendment of subsections (b) and (d) filed 9-1-83; effective
						thirtieth day thereafter (Register 83, No. 36).
5. Renumbering and
						amendment of former section
						1944 to section
						1945 filed 9-12-84; designated
						effective 11-1-84 (Register 84, No. 37).
6. Change without
						regulatory effect amending subsection (a) filed 8-16-90 pursuant to section
						100, title 1, California Code of
						Regulations (Register 90, No. 44).
7. Amendment of subsection (c)
						and NOTE filed 8-8-2005; operative 9-7-2005 (Register 2005, No. 32).
Note: Authority cited: Sections
						  407
						  and
						  61341,
						  Food and Agricultural Code. Reference: Sections
						  61384,
						  61441
						  and
						  61442,
						  Food and Agricultural Code.