(1) In order to further carry out the intent and purposes of this chapter and to further help stabilize the production, marketing and use of pooled milk and to insure an adequate supply of healthful milk for the people of this state, and to assure licensed handlers in a market pool and market area that they will at all times when possible and practical have a total supply of milk to meet their Class 1 and Class 2 needs, the State Department of Agriculture is authorized to establish, maintain, carry out and enforce a plan or system under which licensed handlers shall divert and move pool milk from their own use and needs to another licensed handler for Class 1 or Class 2 use and needs.
(2) If after public hearing under ORS chapter 183 there is sufficient evidence and testimony received by the department to indicate a general agreement and approval by and between producers and other segments of the dairy industry, the department may also establish a plan or system to require and provide for the equalization between producers of the cost of moving or transporting pooled milk. In considering the provisions necessary to carry out this intent and purpose, the department may pattern such provisions or requirements after the system wherein producers under equalization receive the same price for quota milk and surplus over quota milk, or it may provide any other plan or system which is fair and reasonable.
(3) If a plan or system of equalizing the costs of moving or transporting pool milk is established under subsection (2) of this section, then any amount required by the department to be deducted by a handler from producers is an authorized deduction and it shall be identified and deducted as set forth in ORS 583.525 (3).
(4) No handler shall fail or refuse to comply with a directive or order issued by the department if a plan or system is established to move pool milk under the provisions of subsection (1) or (2) of this section. [1967 c.440 §11]
Section: Previous 583.500 583.505 583.507 583.510 583.512 583.515 583.516 583.517 583.518 583.520 583.525 583.530 583.540 583.545 583.560 NextLast modified: August 7, 2008