Sec. 22-231. Grounds for refusal, suspension or revocation of license.
Sec. 22-231. Grounds for refusal, suspension or revocation of license. The
Commissioner of Agriculture may refuse to grant or renew a license, or may suspend,
revoke or refuse to transfer a license already granted, after the commissioner has determined that the applicant or dealer: (1) Has failed to comply, or has been a responsible
member or officer of a partnership or corporation which failed to comply, with any
provision of this part or any order, ruling, regulation or direction issued hereunder; (2)
has insufficient financial responsibility, personnel or equipment to properly to conduct
the milk business; (3) is a person, partnership, corporation or other business entity,
in which any individual holding a material position, interest or power of control has
previously been responsible in whole or in part for any act on account of which a license
was or may be denied, suspended or revoked under the provisions of this part; (4) has
failed to file a bond required by the commissioner under the provisions of this part; (5)
if located out of the state, has failed to obtain a satisfactory milk sanitation compliance
rating from a certified state milk sanitation rating officer; (6) is not in compliance with
all laws and regulations of the state pertaining to health and sanitation in the production,
processing, handling or sale of milk; (7) has rejected, without reasonable cause, any
milk purchased from a producer, or has refused to accept, without either reasonable
cause or reasonable advance notice, milk delivered by or on behalf of a producer in
ordinary continuance of a previous course of dealing, except when the contract has been
lawfully terminated; provided, in the absence of an express or implied fixing of a period
in the contract, "reasonable advance notice" shall be construed to mean not less than
one week or more than two weeks; (8) has continued in a course of dealing of such
nature as to show an intent to deceive, defraud or impose upon producers or consumers;
(9) has violated any stipulation or written agreement entered into with the commissioner
in the course of any proceeding under this part; (10) has made a false material statement
in his or her application; or (11) has failed to provide information required under this
chapter.
(1949 Rev., S. 3142; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 91-312, S. 46, 48; June 30
Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 05-175, S. 17; P.A. 06-19, S. 7; 06-196, S. 255.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural
resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1971 act replaced commissioner of agriculture and natural resources with commissioner of
agriculture; P.A. 91-312 made technical change and added reference to Sec. 22-211b which is included in existing reference
to "this part"; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and
Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing
the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-175 made a
technical change and added provision in Subdiv. (5) re dealer located out of state and new Subdiv. (10) re failure to provide
required information; P.A. 06-19 made technical changes, effective May 2, 2006; P.A. 06-196 made a technical change
in Subdivs. (7) and (10), effective June 7, 2006.
Cited. 221 C. 422.