2005 Vermont Code - § 2924. — Powers and duties; pricing authority; public hearings

§ 2924. Powers and duties; pricing authority; public hearings

(a) Authority over milk prices. The commission may establish an equitable minimum or maximum price, or both, and the manner of payments, which shall be paid producers or associations of producers by handlers, and the prices charged consumers and others for fluid dairy products by distributors or handlers.

(b) Equitable minimum producer prices. The commission may establish by rule an equitable minimum price to be paid to dairy producers for milk produced in Vermont on the basis of the use thereof in the various classes, grades and forms. Because of the need to react immediately to changing market conditions and prices, an equitable minimum price may be established by emergency rule. Prices so established which exceed federal order prices shall be collected by the commission from the handlers for distribution to dairy producers as a blend price. The cost of administering the collection and distribution of these moneys shall be covered by such moneys, not to exceed $50,000.00.

(c) Public hearings. In order to be informed of the status of the state's dairy industry, the commission shall hold a public hearing:

(1) At least annually.

(2) Whenever the price paid to producers in Vermont, including the federal market order price and any over-order premiums, on average, has been reduced $0.50 or more for the previous month, except when such increase is attributable to normal seasonal changes in price.

(3) Whenever the retail price, on average, has increased more than $0.08 per gallon within a three-month period or $0.32 per gallon within a 12-month period.

(4) Whenever a loss or substantial lessening of the supply of fluid dairy products of proper quality in a specified market has occurred or is likely to occur and that the public health is menaced, jeopardized or likely to be impaired or deteriorated by the loss or substantial lessening of the supply of fluid dairy products of proper quality in a specified market.

(d) Voluntary payments. The commission may accept voluntary premium payments for distribution to dairy farmers as a blend price.

(e) Premiums on handlers and distributors for milk sold at retail in Vermont. The commission may assess a premium on handlers and distributors for milk sold at retail in Vermont. The proceeds of the premium shall be distributed to dairy producers as a blend price. Any applicable provision of subsections 2925(b)-(f) of this title shall apply to the assessment of such premiums. In assessing these premiums, the commission shall also take into account any similar assessments made by other New England states. (1965, No. 175, § 42; amended 1991, No. 17, § 4, eff. April 4, 1991; 1991, No. 17, § 4, eff. April 4, 1991; 1991, No. 232 (Adj. Sess.), § 9.)