Sec. 22-204. Legislative findings, purpose and policy.
Sec. 22-204. Legislative findings, purpose and policy. The production, sale and
distribution of milk and certain milk products in this state are attended with serious
conditions and practices affecting producers, dealers and consumers of milk; and, after
due investigation of such conditions and practices, the following legislative findings of
fact with respect thereto are hereby made.
(1) Milk is the most necessary human food, vital for promotion of the public health;
the health and growth of children are particularly dependent upon a constant and wholesome supply thereof. Since milk is a most fertile field for the growth of bacteria, its
production and distribution have been surrounded by more costly sanitary requirements
than those of any other food.
(2) Milk consumers are not assured of a constant and sufficient supply of pure,
wholesome milk when the high cost of maintaining sanitary conditions of production
and high standards of purity is not returned to the producers of milk; or when a disparity
between prices of milk and milk products and other commodities and services compels
large numbers of producers to dispose of their herds or impairs the ability of producers
to maintain such conditions and standards. Therefore, public health is menaced when
milk dealers do not or cannot pay a price to producers commensurate with the cost of
sanitary conditions of production and high standards of purity.
(3) Milk dealers are required constantly to handle surpluses to meet the emergency
requirements of unpredictable variations in fluid consumption and to meet seasonal
variations in production, which milk in excess of fluid requirements must find an immediate market and tends to cause unfair, unreasonable and demoralizing trade and price
practices, detrimental to the public health and interest. This excess milk is normally
diverted into other uses at lower prices. Hence, producers who sell to a particular dealer
or on a particular market should receive a proportionate share of the proceeds from the
sale of milk in fluid form and in the lower price outlets if stable market conditions and
equitable treatment of producers are to be assured.
(4) Milk producers are required to make delivery of this highly perishable commodity immediately after it is produced and therefore must often accept any market at any
price. Because of facts above stated, the value of milk cannot be determined until the
dealer has sold such milk in fluid form or has disposed of it in surplus outlets; furthermore, only the dealers have convenient facilities for accurately weighing and testing
milk. Hence, prior and often exclusive knowledge of the value of milk is in the possession
of the dealer. The producers' lack of control over their market is aggravated by the trade
custom of dealers in paying weeks after delivery, which often keeps producers obligated
to continue delivery in order to receive payment for previous sales and permits dealers
to operate on the producers' capital without giving security therefor. Hence, milk producers are subject to fraud and imposition, and do not possess the freedom of contract
necessary for the procuring of cost of sanitary production. The above and attendant
conditions and practices pertain to and exist in a paramount industry upon which the
health and welfare of the inhabitants of the state are largely dependent; and the public
interest therefore requires efficiency, equitable conditions, and the reduction or prevention of unhealthful, uneconomic, deceptive and destructive trade and price practices
with respect thereto among producers, dealers and consumers. In exercise of the state
police power to protect and promote the public health and welfare and to prevent fraud
and imposition upon producers, such conditions and practices require control and regulation of the production, transportation, manufacture, processing, storage, distribution,
sale and handling of milk as a business affecting the public health and interest.
(1949 Rev., S. 3112.)
Cited. 132 C. 599.
Validity of delegation of power. 12 CS 466.