Section 62191 Of Article 13. Bonding And Payment For Market Milk From California Food And Agricultural Code >> Division 21. >> Part 3. >> Chapter 2. >> Article 13.
62191
. (a) Except as otherwise provided in Section 62193 or 62194,
the purchase of any market milk in excess of 1,000 gallons monthly
from any producer is an unlawful trade practice unless a written
contract, which complies with all of the requirements which are
prescribed by this section, has been entered into with the producer.
(b) The contract shall include all of the following:
(1) The amount of market milk which is to be purchased for any
period.
(2) The minimum quantity of the market milk which is to be paid
for as class 1, if any is to be purchased for this purpose. The
quantity shall be stated in pounds of market milk, pounds of market
milk fat, or gallons of market milk, unless the price which is to be
paid for the class 1 market milk is established separately for the
market milk fat and market skim milk, in which case the quantity may,
in the alternative, be stated in both pounds of market milk fat and
pounds of market skim milk separately. The minimum quantity of market
milk to be paid for as class 1 shall not be less than 70 percent of
the total quantity provided in the contract to be purchased at a milk
products plant, and not less than 60 percent of the total quantity
of market milk fat, or the total quantity of market skim milk
components, but not necessarily both, provided in the contract to be
purchased at a country plant, as defined by the director in
stabilization and marketing plans.
(3) The price to be paid for all market milk received.
(4) The date and method of payment for the market milk. Payment
shall be made for the amount of the market 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 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.
(5) The charges for transportation if hauled by the handler.
(6) A provision that market milk received within the total
quantity provided by the contract to be purchased for any period
shall not be paid for at less than the minimum price for market milk
used for class 2.
(c) The contract may contain 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 from the
date of its execution.
(d) Paragraphs (2) and (6) of subdivision (b) shall not be
applicable if an equalization pool, as provided pursuant to Chapter 3
(commencing with Section 62700), is in effect for the area in which
the purchase of the market milk occurs.