HB839 (2008) Detail

`establishment of maximum retail fluid milk prices.


HB 839 – AS INTRODUCED

2007 SESSION

07-0821 08/05

HOUSE BILL 839

AN ACT establishment of maximum retail fluid milk prices.

SPONSORS: Rep. King, Coos 1; Rep. Ingersoll, Coos 4; Rep. Remick, Coos 2

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill establishes maximum retail fluid milk prices.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0821

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT establishment of maximum retail fluid milk prices.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Establishment of Maximum Retail Fluid Milk Prices. Amend RSA 434 by inserting after section 58 the following new subdivision:

Maximum Retail Fluid Milk Prices

434:58-a Establishment of Maximum Retail Fluid Milk Prices.

I. Each month the commissioner shall establish by order a maximum retail price for fluid milk which shall be equal to not more than twice the price paid to producers for equivalent volumes of farm milk. The price paid to producers for farm milk shall be the price determined by the federal Milk Market Administrator as the average blend price paid to New Hampshire producers the previous month.

II. Any person who violates any provision of this subdivision or any rule or order adopted under this subdivision shall be liable for a civil forfeiture not to exceed $5,000 for each violation, or each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the department of justice. Any person who violates a rule or order of the commissioner adopted under this subdivision may be subject to imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.

III. The commissioner shall adopt rules, under RSA 541-A, relative to determining prices under paragraph I and administrative fines under paragraph II.

2 Minimum Milk Prices. Amend RSA 434:56 to read as follows:

434:56 Establishment of Minimum Producer Dairy Prices. The commissioner, after consulting with the agricultural advisory board, may establish by order an equitable minimum price to be paid to dairy producers for raw milk produced in New Hampshire on the basis of the use thereof in the various classes, grades and forms. The commissioner, after consulting with the agricultural advisory board, may from time to time make, amend or rescind an order if the commissioner finds that the federal milk marketing order covering New Hampshire is adequate or inadequate as the case may be to ensure a stable raw milk production and distribution system in the state. [In no case shall the commissioner establish by order a price greater than the average price established for comparable classes, grades and forms of raw milk in the contiguous states.]

3 Effective Date. This act shall take effect 60 days after its passage.