Sec. 22-245. Cease and desist directives. Corrective terms and conditions.
Sec. 22-245. Cease and desist directives. Corrective terms and conditions.
After such hearing and finding, the Commissioner of Agriculture may issue against such
dealer or store a directive to cease and desist, and prescribe such corrective terms and
conditions as he determines upon the hearing evidence to be in the public interest. Such
corrective terms and conditions may include one or more of the following or parts
thereof, and other reasonable and similar terms or conditions with like corrective purpose, subject to such regulations as the commissioner prescribes in aid of the effectiveness of such directive: (1) In cases in which prices are favoring, special or discriminatory,
directing the revision of prices at which milk is so sold; or directing and specifying
restoration of nondiscriminatory prices; or directing that no further sales be made to
favored purchasers for a period not exceeding ninety days. Such provision may prohibit
the sale or offer of reasonably similar quantities and qualities of milk under similar
conditions to different purchasers at unreasonably different prices; or the sale or offer
of milk of special properties or quality, or with an uncustomary amount of service or
in an unusual container at prices which do not make allowance for differences in cost
existing between such sales or offers and usual sales; (2) directing the revision of prices
at which milk is sold; or directing and specifying restoration of normally prevailing
resale prices for a period not exceeding ninety days considering comparable milk in the
same locality at any reasonable preceding period of time in which resale price conditions
were sufficiently stable to protect producers' prices, adjusting for any difference in
producers' prices at such time and place; (3) prohibiting any dealer or store, directly or
indirectly, from furnishing or receiving or offering to furnish or receive in connection
with a sale or purchase of milk or offer to sell or purchase milk any rebate, discount,
premium, gift or other thing of value, an unreasonable service or extension of credit, or an
advertising allowance; from charging a combined price for milk, together with another
commodity, or a service which is less, or is represented to be less, than the aggregate
of the price of the milk and the price or value of such commodity or service when sold
or offered for sale separately; or from otherwise applying or attempting to apply any
method or device intended to defeat the policy of this part, or to defeat or evade any
provision of this part or of any order, ruling or regulation issued hereunder. Nothing in
this section shall be construed to prevent a dealer from participating in any program
sponsored or conducted by the commissioner or any other governmental authority, designed to make milk available at specially low prices to groups designated by appropriate
public authorities for the purpose of increasing consumption. Hearings may be held
and directions issued under this section affecting one or more dealers concurrently or
independently; and may be held only on such notice as the emergency reasonably permits. Directions under this section may be served upon a dealer at his place of business
or by registered or certified mail to his last-known address.
(1949 Rev., S. 3155; 1959, P.A. 637, S. 2; 1961, P.A. 67; 1971, P.A. 872, S. 446, 448; P.A. 91-312, S. 39; June 30 Sp.
Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 05-175, S. 20.)
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 replaced "direction" with "directive" and deleted as a corrective term or condition former Subdiv.
(1) re the public posting of resale prices and price changes, which may include an itemization of names of purchasers and
the milk sold, in the commissioner's office once or from time to time over a period not exceeding 90 days, and renumbered
the remaining Subdivs. accordingly; 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 added stores as entities subject to cease and desist directives and made technical changes.