SECTIONS 62141-62155 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 62141-62155

62141. The licenses provided for in this article are required for
each handler. For the purposes of this article, each subsidiary milk
plant or branch milk plant, whether under one ownership or not, shall
be considered as an individual handler.

62142. For the purposes of this article, "handler" shall include
any person defined as a handler under Section 61826 or any person
defined as a distributor under Section 61306 that purchases or
handles market milk or market cream for processing, manufacture, or
sale.

62143. No person who qualifies as a handler under Section 62142
shall deal in market milk without first obtaining a license from the
director. In addition, any person qualifying as a handler who
purchases or handles market milk or market cream for processing or
manufacture shall obtain a license for each milk plant owned or
operated. The license provided for in this article is in addition to
any license which is required by Division 15 (commencing with Section
32501), or by any law or ordinance of any county or municipality of
this state.
Notwithstanding the provisions of Section 61832, "milk plant" as
used in this article, means any place, structure, or building where a
handler receives market milk and weighs, tests, standardizes,
pasteurizes, homogenizes, separates, bottles or packages such milk.
"Milk plant" does not include a place, structure, or building which
is used for the purpose of receiving, weighing, or testing milk to be
diverted or delivered to a licensed milk plant of the handler.

62144. Applications for the license provided by this article shall
be made on forms prescribed by the director, accompanied by a fee as
prescribed in Section 62145, and state the name and address of the
applicant and any details specifically related to the nature of the
applicant's business that the director may require. The applicant
shall further satisfy the director of his or her character,
responsibility, and good faith in seeking to carry on the business
stated in the application.

62145. One-half of the valid license renewals shall be issued for a
period of 24 months beginning January 1, 1988. The application fee
for renewal of the 24-month license shall be twenty-five dollars
($25).
The remaining valid license renewals shall be issued for a period
of 12 months beginning January 1, 1988. The application fee for the
renewal of the 12-month license shall be twelve dollars and fifty
cents ($12.50).
Beginning January 1, 1989, all renewals of licenses shall be
issued for a 24-month period and shall be twenty-five dollars ($25).
Except as otherwise provided, beginning January 1, 1988, every new
license issued shall expire on the 31st day of December of the
following year.
Application for a new license or a renewal license, together with
the appropriate application fee, shall be made prior to the handling
of market milk or the expiration date of the license held. If it is
not so made, the applicant shall pay an additional twenty-five
dollars ($25) before the license shall be issued.

62146. The director may refuse to grant or renew any license if he
or she is satisfied that any applicant, or any person connected with
the applicant, either directly or indirectly, has violated any of the
following:
(a) This chapter or any stabilization and marketing plan or other
regulation adopted under this chapter.
(b) Chapter 1 (commencing with Section 61301).
(c) Chapter 3 (commencing with Section 62700) or any pooling plan
established thereunder.

62147. The director may also refuse to grant or renew any license
to a handler if he is satisfied that the handler has failed to pay
for any market milk delivered to him at the time and in the manner
specified in the contract with the producer.

62148. The proceedings to determine whether or not the director
shall refuse to grant or renew a license shall be conducted in
accordance with Chapter 5 (commencing with Section 11500), Part 1,
Division 3, Title 2 of the Government Code, and the director shall
have all of the powers granted in such chapter.

62149. The decision may include an order refusing to grant or renew
the license applied for, or affixing other conditional and
probationary orders that may be proper for the enforcement of any of
the following:
(a) This chapter or any stabilization and marketing plan
formulated pursuant to this chapter.
(b) Chapter 1 (commencing with Section 61301).
(c) Any regulation duly adopted by the director pursuant to
Section 61891.
(d) Chapter 3 (commencing with Section 62700) or any pooling plan
established thereunder.

62150. After any decision in favor of the issuance or renewal of a
license which includes any conditional or probationary orders, if the
person to whom the license is issued does not comply with any such
orders, the director may suspend or revoke the license in accordance
with the procedure provided in Sections 62151, 62152, 62153, 62154,
and 62155.

62151. The director may revoke or suspend, as the case may require,
any license which is issued pursuant to this chapter, if he or she
is satisfied that any licensee or any person who is connected with
the licensee has violated any of the following:
(a) This chapter or any stabilization and marketing plan which is
formulated pursuant to this chapter.
(b) Any regulation which is adopted by the director pursuant to
Section 61891.
(c) Chapter 1 (commencing with Section 61301).
(d) Chapter 3 (commencing with Section 62700) or any pooling plan
adopted thereunder.
The proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the director shall have all the powers
which are granted in that chapter.

62152. The director may also revoke or suspend any license of a
handler if he is satisfied that the handler has not paid for any
market milk delivered to him at the time and in the manner specified
in the contract with the producer.

62153. The decision may include an order revoking or suspending the
license held by the licensee, or affixing such other conditional and
probationary orders as may be proper for the enforcement of this
chapter or any provision of any stabilization and marketing plan
formulated pursuant to the provisions of this chapter or of any
regulation adopted by the director pursuant to Section 61891.

62154. After any decision, which includes any conditional or
probationary orders, if the respondent does not comply with any such
orders, the director may suspend or revoke the license in accordance
with the procedure which is provided in this article.

62155. Whenever the director is satisfied, either by investigation
or after a hearing, that a handler is unable to pay for any market
milk purchased from any producer, and is further satisfied that to
permit the handler to continue to purchase and receive any market
milk from producers would be likely to cause serious and irreparable
loss to producer-creditors and other producers, the director may
thereupon and forthwith shorten the time for hearing that is provided
for in Chapter 5 (commencing with Section 11500), Part 1, Division
3, Title 2 of the Government Code, and thereupon may issue an order
to show cause why the license of such handler should not be forthwith
suspended or revoked. The time of notice of the hearing shall not,
however, be less than five days. At such hearing the handler that is
proceeded against shall be ordered to show cause why the license
should not be suspended or revoked, or continued under such
conditions and provisions, if any, as the director may consider just
and proper and for the protection of the best interests of the
producer-creditors and producers from whom the handler has been and
is receiving any market milk. Following such hearing, the decision of
the director shall become effective at his discretion.
The hearing, in the case of such emergency, may be called upon
written notice which is served personally or by mail on the handler
that is involved. It may be held at the nearest office of the
director or at such place as may be most convenient in the discretion
of the director for the attendance of all of the parties that are
involved.