LD 345
pg. 2
Page 1 of 6 An Act To Reinstate a Milk Handling Fee Page 3 of 6
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LR 836
Item 1

 
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. This subsection is repealed January 1, 2005.

 
Sec. 2. 7 MRSA §2954, sub-§1-A is enacted to read:

 
1-A.__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.__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.__This
subsection takes effect January 1, 2005.

 
Sec. 3. 7 MRSA §2954, sub-§2, ¶B, as amended by PL 1995, c. 2, §2, is
further amended to read:

 
B. The minimum wholesale prices paid to dealers must be
established to reflect the lowest prices at which milk
purchased from producers in this State at minimum prices in


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