ARTICLE 5. Bonding and Payment for Manufacturing Milk [61400. - 61419.]

Article 5 added by Stats. 1981, Ch. 690, Sec. 1.

§§ 61400–61419 · 31 sections

§ 61400 It is recognized by the Legislature that unfair and disruptive practices have developed concerning the purchasing of manufacturing milk, as defined in Section…
§ 61404 The bond provided for in this article is required for each manufacturing milk handler.
§ 61405 (a) Every manufacturing milk handler that operates only one plant within the state, before purchasing any manufacturing milk from a producer, shall execute and…
§ 61405.1 If any handler increases his or her purchases of manufacturing milk during the license year so that the purchases exceed the amount for which the handler is…
§ 61406 The bond required by Section 61405 shall be in a form approved by the director, and shall be conditioned upon the payment in the manner that is required by the…
§ 61407 If a handler fails to pay any producer or producers in the manner that is required by this chapter, the director shall proceed forthwith to ascertain the names…
§ 61407.1 (a) After determining the claims of the producers pursuant to Section 61407, the director shall bring an action on the bond on behalf of the producers. (b) Any…
§ 61407.2 If the recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, the amount recovered shall be divided…
§ 61407.3 Payments by a handler to a producer, for the purposes of any action on a handler’s bond for any year, shall be credited first to interest and then to principal…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 61411.3 Section 61411 does not apply to manufacturing milk purchased under cash-on-delivery terms.
§ 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)…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…