P.R. Laws tit. 5, § 1105

2019-02-20 00:00:00+00
§ 1105. Bonds

(a) The Administrator may require producers, handlers, processors, sterilizers and sellers of milk and its byproducts to furnish bond in his office when the Administrator deems it necessary in order to effectuate the public policy and the purposes of §§ 1092—1118 of this title.

(b) The bond required by the Administrator shall in no case exceed double the total value of the milk produced, received, or bought by the obligor during any month of the calendar year prior to the date whereon the bond was required. The amount of the bond required may be reviewed every six months.

(c) In his finding with respect to the need for requiring the bond, as well as to the amount thereof, the Administrator shall take into account the financial condition of the obligor and his record of performance in his financial obligations toward the producers, pasteurizers, handlers or sellers with whom he deals.

(d) Said bond shall be conditioned upon prompt payment for the purchase, and performance of the contracts for the delivery, of milk and its byproducts. If at a given time the bond is not sufficient to answer for the debts of the obligor to the producer, handler, processor, sterilizer or seller, as the case may be, said bond shall be allocated pro rata between the said creditors. Claims presented to the Administrator upon his request shall constitute prima facie evidence of the amount of the debt in any action brought by the creditors entitled to claim under the provisions of this section.

(e) Breach of any of the terms of the bond shall constitute grounds for the suspension or revocation of the license.

History —June 11, 1957, No. 34, p. 67, § 14.