It is the intent of the Legislature that this article regulate the purchase of milk on the basis of weight, measure or components in the milk; confer powers and impose duties upon the commissioner of agriculture; prescribe penalties; and provide for the enforcement thereof. Furthermore, except where otherwise indicated it is the intent of the […]
(a) The commissioner may deny any application for a permit, license or certificate whenever said permit, license or certificate has been applied for fraudulently, the applicant has grossly interfered with the duties of the commissioner or the applicant is determined to be not in compliance with or not able to comply with this article. (b) […]
(a) Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the commissioner under the rules promulgated by the commissioner. (b) Hearings shall be conducted according to procedures set forth by rule. (c) All the testimony and evidence at a hearing shall be recorded by mechanical […]
(a) Criminal penalties. — Any person violating any provision of this article or rules adopted hereunder is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for the second or subsequent offense shall be fined not less than five hundred […]
All fees, penalties or other moneys collected by the commissioner under the provisions of this article shall be paid into a special account and expended upon the order of the commissioner for the purpose of the enforcement and administration of this article.
The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, agencies of foreign governments, and private associations in order to carry out the purpose and provisions of this article.
The commissioner may not make public information which contains or relates to trade secrets, commercial or financial information obtained from a person or privileged or confidential information: Provided, That when revealing the information is necessary to carry out the provisions of this article, this information may be revealed, subject to a protective order, to any […]
(a) "Adulterated" means milk or the products manufactured from milk meeting one or several of the conditions listed in section seven of this article. (b) "Certified tester" means any person who has passed an examination in milk testing, weighing and sampling conducted by the commissioner. (c) "Certified weigher and sampler" means any person who has […]
(a) A "permit for the purchase of milk" shall be issued by the commissioner to each place of operation of each person receiving or buying milk on the basis of the components in the product or weight or measure regardless of the method of settlement, except that transfer stations are exempt from this provision. The […]
(a) Certificates of proficiency shall be issued by the commissioner to individuals who successfully pass an examination given under the terms of this article. (b) Persons requesting an examination shall pay an examination fee of $15 at the time of the request. Requests for certification for several tests at one time shall be covered under […]
(a) Licenses shall be issued by the commissioner to certified testers, certified weighers and samplers and to laboratories performing tests for the components of milk. Licenses are not transferable. (b) Licenses shall expire on June 30 following date of issue: Provided, That weighers and samplers licenses issued with an expiration date of December 31, 1991, […]
(a) No determination of the weight or measure of milk may be made from a milk producer's tank that is not properly calibrated and level. (b) No determination of the weight of milk in a transport tank may be made with a device that is not accurate. (c) Each person obtaining a sample of milk […]
Any milk or any milk products are considered adulterated within the meaning of this article if: (a) They bear or contain any poisonous or deleterious substance or compound in a quantity which may render it injurious to health; (b) They bear or contain any added poisonous or deleterious substance for which no safe tolerance has […]
(a) No person may have in his possession with the intent to sell, transport or manufacture any milk which is adulterated within the meaning of this article. (b) No person may interfere with or prohibit the commissioner from performing the duties of his office. (c) No person may fail to comply with the provisions of […]
The commissioner has the power and duty to: (a) Adopt, promulgate and enforce rules to carry out the purpose of this article; (b) Have access to and enter at all reasonable times all places where milk produced in this state is stored, purchased on the basis of weight or measure or component content, transferred, transported, […]
