1. Commission empowered to establish prices; public hearing. The commission is vested with the power to establish and change, after investigation and public hearing, the minimum wholesale and retail prices to be paid to producers, dealers and stores for milk received, purchased, stored, manufactured, processed, distributed or otherwise handled within the State. The commission shall hold a public hearing prior to the establishing or changing of such minimum prices. The commission may proceed, however, under the emergency rule-making provisions of Title 5, section 8054 without making findings of emergency when the only changes to be made in the minimum prices are to conform with the orders of any federal or other agency duly authorized by law to establish or negotiate producer prices or are to respond to other conditions affecting prevailing Class I, Class II and Class III prices in southern New England, or reflect the Milk Handling Tax as determined by Title 36, chapter 716. Title 5, section 8054, subsection 3, the 2nd sentence, does not apply to minimum prices adopted under the previous sentence. Due notice of the public hearing must be given by publishing notice as provided in Title 5, chapter 375. The commission shall hold such a public hearing not less frequently than once every 12 months to determine whether the minimum wholesale and retail prices then established should be changed. In addition to the data received through the implementation of the information gathering procedures of its rules as a basis for its determinations, the commission shall solicit and seek to receive oral and written testimony at hearings to determine whether the minimum wholesale and retail prices then established should be changed and whether the proposed minimum wholesale and retail prices are just and reasonable.

Sec. B-4. 7 MRSA §2954-A, sub-§1, as enacted by PL 1985, c. 172, is amended to read:

1. First 15 days. On or before the 5th day after the end of the calendar month in which delivery was made, each dealer shall pay each of his that dealer's producers for milk received from the producer during the first 15 days of that month at a rate that is not less than the most recently published Federal Order No. 1, Zone 21 blend price northeast marketing area milk marketing order statistical uniform price for Penobscot County.

Sec. B-5. 7 MRSA §2956, 2nd ¶, as repealed and replaced by PL 1975, c. 517, §5, is amended to read:

Each dealer shall furnish his to that dealer's producers a statement of the amount of milk purchased, the price per