In addition to other actions it may take, or penalties it may apply, the State Department of Agriculture after public hearing under ORS chapter 183 may establish a plan or system of assessing a penalty amount against a handler who fails or refuses to move or transport pool milk for the Class 1 or Class 2 needs of another handler, when ordered so to do by the department as authorized in ORS 583.517. This penalty, which shall be established in an amount not to exceed $1 per hundredweight of milk and paid to the department, shall be computed on the basis of the number of pounds of milk that was not moved or transported as ordered by the department. If the handler in violation of such an order does not pay the amount of penalty within 30 days after the date of the written notice by the department, the department in addition to other actions available to it under this chapter may:
(1) File suit against the handler for recovery of the penalty amount; or
(2) Deduct the amount of the penalty from any amount or equalization that may be later due and payable by the department to such handler. Any such withholding by the department shall not be passed on to or be withheld by the handler from the price paid to producers for milk. [1967 c.440 §20; 2007 c.71 §181]
Section: Previous 583.505 583.507 583.510 583.512 583.515 583.516 583.517 583.518 583.520 583.525 583.530 583.540 583.545 583.560 583.565 NextLast modified: August 7, 2008