A. Except as provided in paragraph B, the refusal shall does not become effective until 30 days following the milk dealer's plant owner or operator's notice of intent to refuse to purchase milk from the producer.

B. If a milk dealer's plant owner or operator's refusal to continue to purchase milk is based on failure of the producer's milk to meet the milk dealer's plant owner or operator's quality criteria or the Interstate Milk Shipments Conference Standards, whichever is applicable, the refusal may become effective on less than 30 days' notice. Upon issuance of notice of intent to refuse purchase because of failure to meet the criteria or standards, the dealer milk plant owner or operator shall cause a sample of the refused milk to be taken immediately and transferred to the commissioner for testing in the state central laboratory. Upon receipt of the test results that the sample does not meet the milk dealer's plant owner or operator's quality criteria or the Interstate Milk Shipments Conference Standards, whichever is applicable, refusal to continue to purchase shall become becomes effective immediately. Notice shall must be given to the producer by the dealer milk plant owner or operator immediately upon his the milk plant owner or operator's receipt of the test results. The state central laboratory shall mail the results of the test to the milk dealer plant owner or operator and milk producer.

2. Challenge of refusal; adjudicatory hearing. If the producer or dealer the milk plant owner or operator desires to question the refusal to purchase or the test given under subsection 1, paragraph B, he either may do so within 10 days after receipt of the notice from the dealer milk plant owner or operator of the test results by requesting, in writing, that the commissioner conduct an adjudicatory hearing pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375. If a request for hearing is made by the milk dealer plant owner or operator, refusal to purchase shall does not become effective until the hearing is held and a decision upholding the dealer's milk plant owner or operator's refusal has been issued by the commissioner. The decision of the commissioner as to the reasonableness of the dealer's milk plant owner or operator's