31 Pa. Stat. § 700j-807

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 700j-807 - Violations

After the board shall have fixed prices to be charged or paid for milk, whether by class, grade, use or otherwise, it shall be unlawful for a milk dealer or handler or producer or directors or officers of a cooperative association or corporation, knowingly or unknowingly, or any other person knowingly, by himself or through another, to sell or deliver, or make available on consignment or otherwise, or buy or receive, or handle on consignment or otherwise, or offer to sell or deliver or make available on consignment or otherwise, or buy or receive or handle on consignment or otherwise, or advertise for sale, delivery, purchase or receipt, or hold one's self out as willing to sell, deliver, buy or receive milk at any price below the minimum price or above the maximum price applicable to the particular transaction.

It shall be a violation of this act for any milk dealer or handler to provide manufacturing, processing, bottling or delivery services for another dealer for a price less than the costs of the service provided. Costs shall be based upon average per unit cost of the services provided at the plant providing services, as determined in accordance with generally accepted accounting principles and adjusted for significant changes in average per unit cost. In determining the cost of the service provided, the costs of raw milk to all dealers and handlers shall be computed at not less than the minimum prices to producers as determined in accordance with this act or Federal law. All contracts for services must be approved by the board before the service is provided.

No method or device shall be lawful whereby milk is bought or received or handled on consignment or otherwise, or sold or handled or delivered or made available on consignment or otherwise, or offered to be bought or received or handled on consignment or otherwise, or sold or handled or delivered or made available on consignment or otherwise, at a price less than the minimum price applicable to the particular transaction, whether by any discount, premium, rebate, free service, trading stamps, advertising allowance, or extension of credit, or by a combined price for such milk, together with another commodity or a service which is less, or is represented to be less, than the aggregate of the price of the milk and the price or value of such commodity or service when bought or received or handled on consignment or otherwise, sold or delivered or made available on consignment or otherwise, or offered for sale, delivery, purchase, handling or receiving separately or otherwise.

It shall be unlawful for any milk dealer or handler or directors or officers of a cooperative association or corporation, to store, manufacture, process, sell or handle or deliver or make available on consignment or otherwise, any milk for which he has paid, or agreed to pay, a price lower than that fixed by the board for milk of that class or grade.

It shall be unlawful for a milk dealer or handler or directors or officers of a cooperative association or corporation, knowingly or unknowingly, or any other person knowingly, by himself or through another, to store, manufacture, process, sell or deliver, or make available on consignment or otherwise, or buy or receive or handle on consignment or otherwise, or offer to sell or deliver or make available on consignment or otherwise, or buy or receive or handle on consignment or otherwise, milk at a price computed upon false or erroneous weight, butterfat or appropriate milk component tests, grade or classification; or at a price from which have been made deductions not authorized by law or in excess of any deductions so authorized, whether such illegal deductions be in the form of excessive transportation charges or otherwise.

The act of a director, officer, agent or other person acting for or employed by a milk dealer or directors or officers of a cooperative association or corporation shall be deemed the act of such milk dealer or cooperative association or corporation.

31 P.S. § 700j-807

1937, April 28, P.L. 417, art. VIII, § 807. Amended 1941, July 24, P.L. 443, § 30. 1965, Dec. 15, P.L. 1101, § 1; 1968, July 31, P.L. 963, No. 294, § 43; 1984, Dec. 21, P.L. 1278, No. 243, § 5, effective 1/1/1985.