California Food and Agricultural Code ARTICLE 5 - Bonding and Payment for Manufacturing Milk

• Section 61400.
  It is recognized by the Legislature that unfair and disruptive practices have developed concerning the purchasing of manufacturing milk, as defined in Section 32509, including...
• Section 61404.
  The bond provided for in this article is required for each manufacturing milk handler.(Amended by Stats. 1987, Ch. 156, Sec. 3. Effective July 10, 1987.)
• Section 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 deliver to...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 milk...
• Section 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...
• Section 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...
• Section 61411.3.
  Section 61411 does not apply to manufacturing milk purchased under cash-on-delivery terms.(Added by Stats. 1987, Ch. 156, Sec. 14. Effective July 10, 1987.)
• Section 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...
• Section 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...
• Section 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 manufacturing milk the...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...

Last modified: October 22, 2018