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HomeFood and Agricultural CodeDiv. 21Pt. 3Ch. 1Art. 5§ 61419 Handler Payment Protection Orders

§ 61419 Handler Payment Protection Orders

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 61419 Handler Payment Protection Orders

Key Takeaways

  • •If a milk buyer can't pay farmers for their milk, the state can quickly stop or limit their license to buy more milk.
  • •The milk buyer gets at least 5 days' notice before a hearing to explain why their license shouldn't be suspended.
  • •In emergencies, the hearing can be called with 10 days' notice if sent by mail.
  • •The state decides what happens after the hearing to protect the farmers who are owed money.

Example

A dairy company buys milk from local farmers but starts missing payments. Farmers complain they aren't getting paid.

The state can quickly schedule a hearing to decide if the dairy company should be stopped from buying more milk until they pay what they owe. The company gets a short notice (5-10 days) to explain themselves before any action is taken.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 61419 Handler Payment Protection Orders

(a) Whenever the director is satisfied, either by investigation or after a hearing, that a handler is unable to pay for any manufacturing milk purchased from any producer, and is further satisfied that to permit the handler to continue to purchase and receive any manufacturing milk from producers would be likely to cause serious and irreparable loss to producer-creditors and other producers, the director may thereupon and forthwith shorten the time for hearing that is provided for in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and thereupon may issue an order to show cause why the license of the handler should not be forthwith suspended or revoked. The time of notice of the hearing shall not, however, be less than five days. At the hearing the handler that is proceeded against shall be ordered to show cause why the license should not be suspended or revoked, or continued under conditions and provisions, if any, that the director may consider just and proper and for the protection of the best interests of the producer-creditors and producers from whom the handler has been and is receiving any manufacturing milk. Following the hearing, the decision of the director shall become effective at the director’s discretion. (b) The hearing, in the case of an emergency, may be called upon written notice which is served personally or by mail on the handler that is involved. If the notice is sent by mail, the hearing date shall be no sooner than 10 days after the notice is sent. It may be held at the nearest office of the director or at any place that may be most convenient in the discretion of the director for the attendance of all of the parties that are involved. (Added by Stats. 1983, Ch. 857, Sec. 6.)

Last verified: January 23, 2026

Key Terms

emergencyhearinglicensedirectordiscretioninvestigationprotectionattendance

Related Statutes

  • § 62155 Handler License Suspension
  • § 5034 Director Hearing Powers
  • § 61416 Handler License Revocation
  • § 61417 Handler License Probation Orders
  • § 29156 License Revocation Procedures

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 61419.
View Official Source