3.2-3209 - Establishing minimum retail price; exemption.
§ 3.2-3209. Establishing minimum retail price; exemption.
The Commission shall have no authority to establish a minimum retail pricefor milk, except upon a determination after a public hearing that the absenceof a minimum retail price has caused or is about to cause a disruption in theVirginia milk market or some segment of the market that is likely to depressthe producer price or has caused or is likely to cause a substantialreduction in competition between processor-distributors in an area, so as toadversely affect the public health and welfare that requires an adequatesupply of milk at reasonable and fair prices. In accordance with theAdministrative Process Act, § 2.2-4000 et seq. and in particular § 2.2-4002,the Commission may establish minimum retail prices on an emergency basis,prior to public hearing.
The Commission, in establishing any minimum retail price when it deems itnecessary to do so, shall impose a minimum retail price only for an area orpolitical subdivision wherein the public interest as herein set forthjustifies a minimum retail price being set and shall be guided by the samefactors used in determining the reasonableness of prices under § 3.2-3208.The Commission shall periodically review all outstanding minimum retail priceorders to insure that they do not remain in effect any longer than the publicinterest requires.
(1974, c. 467, § 3.1-437.1; 2008, c. 860.)