LD 1432
pg. 2
Page 1 of 7 PUBLIC Law Chapter 396 Page 3 of 7
Download Chapter Text
LR 1769
Item 1

 
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 are to reflect the milk
handling fee levied and imposed by Title 36, chapter 721. Title
5, section 8054, subsection 3, the 2nd sentence, does not apply
to minimum prices adopted under the previous sentence this
subsection. 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. 2. 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
the State can be received, processed, packaged and
distributed within the State at a just and reasonable
return, and in addition must include the amount of any tax
determined fee levied and imposed by Title 36, chapter 716
721.

 
Sec. 3. 7 MRSA §2954, sub-§13, as amended by PL 1995, c. 2, §3, is
repealed.

 
Sec. 4. 7 MRSA §2954, sub-§16 is enacted to read:


Page 1 of 7 Top of Page Page 3 of 7
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer