2. By milk dealers to stores either for consumption on the premises or resale to consumers.

3. By stores to consumers for consumption on the premises where sold.

4. By stores to consumers for consumption off the premises where sold.

5. When, pursuant to statute, regulations adopted thereunder, or ordinances, various grades of milk are specified the commission shall fix the minimum price and may fix the maximum price applicable to each in each of the foregoing classes. Orders fixing minimum and maximum prices may vary in different markets and shall designate the markets to which applicable. And in construing this section it shall be done taking into consideration for fixing the price, the healthfulness and grade of milk produced, and whether or not the sale price gives a fair return to the producer.

It is the intent of the legislature that the public emergency requires that the producers and milk dealers receive a fair return for their products. To that end, if the commission after investigation made either upon its own initiative or upon complaint of a representative group of producers supplying a particular dealer shall determine that such milk dealer purchasing milk from the producers or from or through a cooperative corporation of producers organized under the laws of the State of Florida, in making such purchases has failed to give fair and reasonable effect to such intent, the board shall upon due notice and after a hearing suspend or revoke the license or permit of the milk dealer so offending.

The commission after making such investigation either on its own initiative or on complaint of a representative group of producers supplying a particular dealer or a particular market may fix by official order the minimum prices to be paid by milk dealers to producers and others for milk of various forms included within the definition of milk as used in this law and its various grades and uses. The order of the commission with respect to the minimum prices to be paid to the producers and others shall apply to the locality or zone in which the milk is produced, the market or markets in which the milk so produced is sold and may vary in different localities or markets according to varying uses and different conditions. Euch such order may classify such milk by forms, classes, grades, or uses, as the commission may deem advisable and may specify the minimum prices therefor.

After the commission shall have fixed prices to be charged or paid for milk in any form included in the definition of milk as used in this law whether by class, grade, or use, it shall be unlawful for a milk

dealer to sell or buy or offer to sell or buy milk at any price less or more than such price or prices as shall be applicable to the particular transaction, and no method or device shall be lawful whereby milk is bought or sold or offered to be bought or sold at a price less or more than such price, or prices as shall be applicable to the particular transaction, whether by any discount, or rebate, or free service, or advertising allowance or a combined price for such milk together with another commodity or commodities, or service or services, which is less or more than the aggregate of the prices for milk and the price or prices for such other commodity or commodities, or service or services, when sold or offered for sale separately or otherwise.

It shall be unlawful for any person, firm or corporation to knowingly aid or abet any violation of this law or any order of the commission whatsoever or by the use of any advertising method of any character or description whatever on pain of being subject to being temporarily enjoined by a court of equity without notice and without the furnishing of a bond by the commission.

The commission may upon its own motion or upon application from time to time, alter, revise, or amend an official order theretofore made with respect to the prices to be charged or paid for milk. After making such investigation and before making, revising, or amending any order fixing the price to be charged or paid for milk, the commission shall give a hearing thereon to all parties interested upon reasonable notice to such interested parties and to the public of such hearing in such newspaper or newspapers as in the judgment of the commission shall afford sufficient notice and publicity. Such order of the commission may be reviewed by appeal to the circuit court on petition in error at the instance of any aggrieved person appearing of record at the hearing either in person or by personal representative and opposing the making of the order.

It is the intent of the legislature that the instant, whenever that may be, that the handling within the State by a milk dealer of milk produced outside of the State becomes a subject of regulation by the State, in the exercise of its police powers, the restrictions set forth in this law respecting such milk so produced shall apply and the powers conferred by this law on the commission shall attach. After any such milk so produced shall have come to rest within the State, any sale, within the State by a licensed milk dealer required by this law to be licensed, or any such milk purchased from the producer at a price lower than that required to be paid for milk produced within the State purchased under similar conditions, shall be unlawful.

Section 3219 (45) provides that the commission may institute such actions at law or in equity as may appear necessary to enforce com

pliance with provisions of the act or any rule or order of the commission, and in addition may apply to any circuit court for injunctive relief to protect the public interest.

Section 7677 (5) provides that any violation of the provisions of sections 3219 (38) et seq. or of any rule or order of the commisison, lawfully made, shall be a misdemeanor punishable by a fine not exceeding 500 dollars, or by imprisonment not exceeding one year, or both, and each day during which such violations shall continue shall be a separate offense.

Section 7677 (5-c) provides that any violation of the price fixing provisions of sec. 3219 (50) shall render such persons subject to the provisions of sec. 7677 (5).

GEORGIA

Code Ann. (Park, et al., Supp., 1939)"

Section 42–525 creates milk control board consisting of seven members who are appointed by the Governor and who shall serve at his pleasure.

Section 42-526 provides for the appointment of a director of the milk control board by the Governor and such director shall serve at the pleasure of the Governor.

Section 42-527 provides that the board shall designate natural marketing areas within the State, each of which shall constitute a milkshed, and may from time to time thereafter designate additional sheds or combine two or more milksheds in which this law is effective.

Section 42-528 provides that after designation of a milkshed, an election shall be held in such shed to determine whether or not the provisions of this act shall be made applicable. Producers, producerdistributors and distributors having a municipal or county permit to sell in such shed are entitled to one vote only, and if a majority of votes shall be favorable, the provisions of this act shall be in force and apply throughout the remaining life of this law.13 The provisions of this law shall not apply within any part of the State unless a favorable election has been held.14

"Act expires August 15, 1941.

13 The provisions that make the operation of the act contingent upon majority vote of producers, producer-distributors, and distributors is not an unconstitutional delegation of legislative power. Holcombe v. Georgia Milk Producers Confederation, 188 Ga. 358, 3 S. E. (2d) 705 (1939).

"If the first election held is unfavorable, a second election may be held, but no second election may be held if the first is favorable. Gibbs v. Milk Control Board, 185 Ga. 844, 196 S. E. 791 (1938).

Section 42-529 provides that the board, with the assistance of the director, shall enforce the provisions of this law and that the director, with the approval of the board, is empowered to supervise and regulate the production, transportation, manufacture, storage, distribution, delivery, or sale of milk.

Section 42-531 provides that the board may make and enforce all rules and regulations and all orders necessary to carry out the provisions of this law.

Section 42-551 provides that the board may determine, after public hearing, what prices for milk in a milkshed within which this law is applicable, will adequately protect the milk industry and insure a sufficient quantity of pure and wholesome milk to adults and minors, having special regard to the health and welfare of children, and be most in the public interest; the board shall take into consideration all conditions affecting the milk industry, including the amount necessary to yield a reasonable return to the milk producer and to the milk dealer. In determining what is a reasonable return to the producer, the board shall take into consideration that necessary cost incurred in maintaining dairy animals in a healthy condition, paying wages and supplying working conditions to employees sufficient for their subsistence at levels generally obtained, and for the safeguarding of their health in defraying the ordinary fixed charges and operating expenses incidental to the ownership, control, and management of a herd of average numerical size, including a reasonable amount representing annual rent of land and equipment necessarily utilized therein and in addition to afford such producers a reasonable return in excess of their cost of production. In determining the reasonable return to the producer-distributor and distributor, the board shall take into consideration reasonable average operating expenses in processing, storage, transportation, and delivery charges, and all necessary reasonable expenses connected therewith.

Section 42-552 provides that the board after making such determination and based thereon, may fix by official order the minimum prices, and may likewise fix the maximum prices to be charged for milk handled within any milkshed to which this law is applicable and wheresoever produced. Such prices so fixed by the board may vary according to the kinds, grades, classes and usages of milk; to the types of sales thereof; and to the localities in which such prices shall apply, but each price-fixing order issued by the board shall be uniformly applicable to all persons subject thereto, and shall define the various classifications established by such order. When in the judg ment of the board, it is necessary or advisable, in order to promote a proper balance, between the supply of and the demand for milk, to

fix a lesser price for milk which is produced in excess of what is needed for fluid consumption, the board may establish a quantity or quota applicable to each producer, or to certain classes of producers, or to producers producing for a certain market or markets. For that purpose the board may require any distributor to supply necessary information about the quantities of milk received from producers during a specified period of time, and to determine a quota or quantity for each producer in accordance with rules to be adopted by the board. The board may determine the prices to be received by producers for milk within the quota and for milk in excess of it.

Section 42-553 provides that after the board shall have fixed prices to be charged or paid for milk as aforesaid, it shall be unlawful and in violation of this law for a producer, producer-distributor, distributor, or store to sell, or buy, or offer to sell or buy milk at any price less or more than such price or prices as shall be applicable to the particular transaction, and any method or device whereby milk is bought or sold or offered to be bought or sold at a price less or more than such price, or prices as shall be applicable to the particular transaction, whether by any discount, rebate, free service, advertising allowance, donation, financial aid, free equipment, or a combined price for such milk together with another commodity or commodities, or service or services, which is less or more than the aggregate of the prices for the milk and the price or prices for such other commodity or commodities, or service or services, when sold or offered for sale separately or otherwise, shall be unlawful and in violation of this chapter.

Section 42-554 provides that the board may, after public hearing, from time to time, alter, revise, or amend an official order heretofore made with respect to the prices to be charged or paid for milk: Provided, That in no case shall the price of milk paid the producer be less than one-half of the price paid by the ultimate consumer for standard fluid milk.

Section 42-555 provides that before making, revising, or amending any order fixing the price to be charged or paid for milk, the board shall cause to be held a public hearing thereon, upon at least 10 days' notice to the public by publication in the newspaper or newspapers (in which the sheriff's advertisements are inserted) of the county or counties within which the order may be effective. Such hearing shall be at such time and place as the board may set and shall designate in the notice. The board shall cause a verbatim record of each such public hearing to be kept and transcribed for the records of the board.

The board shall give notice to each licensee affected thereby of any price change at least 10 days prior to the time said price change becomes effective.