tribution, including compliance with all sanitary regulations in force in such market or markets, necessary operation, processing, storage and delivery charges, the prices of other foods, and the welfare of the general public. In a designated market the commission may require licensing of all distributors. The commission may decline to grant, or may suspend or revoke a license already granted upon due notice and hearing. The commission may define what constitutes a national market area, and may define a milkshed to supply such market area, exempting producers or producer distributors now shipping to a market area. The commission may delegate such powers, as it sees fit, to a milk board in any particular market area. Section 1211z provides that no distributor shall buy from a producer not licensed or deal with another distributor who is not licensed. Section 1211bb provides that any order of the commission refusing to issue a license, or suspending or revoking a license may be reversed on appeal to the supreme court of appeals. Section 1211dd provides that on refusal to obey any rule, regulation, or order of the commission or obey any subpoena, or on refusal of any witness to testify on matter on which he may lawfully be interrogated, it shall be the duty of the hustings court of city of Richmond upon application of the commission to compel obedience by attachment proceedings for contempt. Section 1211hh provides that in event of violation of any provisions of sections 1211w to 1211mm in addition to any other remedy, the commission may apply to any court of record in the city of Richmond for relief by injunction, if necessary to protect the public interest, without being compelled to allege or prove that any adequate remedy at law does not exist. Section 1211ii provides that any person violating any provisions of sections 1211w to 1211mm or of any license issued by the commission shall be guilty of a misdemeanor and may be prosecuted and punished therefor, and, upon conviction, shall be punished by a fine of not less than $25.00 or more than $100.00, or by imprisonment in the county jail for not less than 30 days nor more than 1 year, or by both fine and imprisonment, and each day during which such violation shall continue shall be deemed a separate violation. Prosecution for violating the provisions of sections 1211w to 1211mm shall be instituted by the commonwealth's attorney of the Commonwealth, or otherwise, in any county or city of the Commonwealth of Virginia in which the provisions of sections 1211w to 1211mm are in effect. WISCONSIN Rev. Stat. (1939)" Milk Control Act " Section 100.03 provides that the department of agriculture and markets (a) shall have jurisdiction upon its own initiative or upon petition in writing to inquire into and determine the regulated milk markets of the State, and to inquire into any matter pertinent to regulation under this section in any such market and to prescribe such terms and conditions for the purchasing, receiving, handling, or selling of regulated milk in any such market as it shall find necessary to eliminate unfair methods of competition or unfair trade practices, which terms and conditions may include schedules of prices for producers, dealers, and consumers, or either, and labeling. The department may include in its orders provisions reasonably necessary to prevent circumvention of such terms and conditions. In prescribing such terms and conditions the department shall consider among other things the terms of any collective bargaining agreement arrived at between producers and dealers. (b) Each dealer shall deduct from the price to producers an amount sufficient to administer this section, to be at the same rate for all markets and to be determined from time to time by the department, not exceeding one cent per hundred pounds of fluid distribution. Fluid distribution is the part of the producer's deliveries that is equal to the proportion of the entire receipts of the dealer distributed in actual fluid form plus the milk equivalent of fluid cream distributed, including milk produced by the dealer. (c) The department may order a further deduction, not exceeding one-half cent per hundred pounds of fluid distribution, in any regulated milk market when conditions in such market show need for such expenditure to promote increased consumption. (d) The dealer shall hold deductions in trust for and pay them to the department, together with an amount, as his share, equal to deductions under paragraph (c). (e) The department, with the advice of a local committee of producers and dealers, shall use the advertising fund created by the deductions under paragraph (c) and dealer payments under paragraph (d) for the purpose of promoting increased consumption of regulated milk in such market. 48 This act expires December 31, 1941, or earlier if the department determines that economic conditions no longer warrant it. 49 Act held to be constitutional. State ex rel. Finnigan, Atty. Gen. et al. v. Lincoln Dairy Co., 221 Wis. 1, 265 N. W. 197 (1936), reh'g. den. Id. 265 N. W. 851 (1936). No person shall engage in business as a dealer without a license therefor under this section, except a producer distributing milk only and not to exceed ten quarts daily, and except that a dealer not bottling milk or cream in any fluid form shall not be required to be licensed for the operation of a grocery or delicatessen store, meat market, bakery, confectionery store, or restaurant. Application for license shall be made in writing and under oath, giving such pertinent information, in such form, as the department shall require, and accompanied by a fee of ten dollars, which shall be retained whether or not a license is issued. All licenses shall expire on December 31 in the year for which issued. The department shall issue license to each person making proper application and who is fit and equipped for the business. License may be denied, suspended, or revoked by special order after notice and hearing as provided in section 93.18, when the applicant or licensee is unfit or unequipped for the business. The department shall consider, in addition to other matters, the character and conduct, including past compliance or noncompliance with law, of the applicant or any person to be connected with the business, and the financial responsibility of the applicant. The department may at any time require an applicant or licensee to file with it surety bond conditioned for the prompt delivery of the price to producers.50 Such license is not transferable. Sale or other transfer of the regulated milk business of any dealer to another person shall void such dealer's license as of the day of transfer. Actions to enjoin violation of this section or any order thereunder may be commenced and prosecuted by the department in the name of the State in any court having equity jurisdiction, whether or not the equity jurisdiction specifically conferred upon such court is broad enough to cover actions under this section. This remedy is not exclusive.51 This section construed to imply a legislative intent to empower the Department to deny renewal of a license if applicant was found to have failed to comply with orders of the Department. Buhler v. Department of Agriculture and Markets, 229 Wis. 133, 280 N. W. 367 (1938). Dealer who sold milk to a hospital at prices lower than those fixed by the Department was held to be guilty of unfair trade practices. Renewal of license was properly denied. Gagnon v. Department of Agriculture and Markets, Wis. 286 N. W. 549 (1939). See also Golden Harvest Dairy Co. v. Department of Agriculture and Markets, Wis. -, 286 N. W. 865 (1939); National Guernsey Dairy, Inc. v. Department of Agriculture and Markets, Wis. - 286 N. W. 868 (1939). SECTION 2 AGRICULTURAL COMMODITIES AND FOODSTUFFS CALIFORNIA Agric. Code (Deering, Supp. 1939) Section 1300.13 provides that the Director of Agriculture is authorized to administer provisions of this Act. In order to effectuate the declared policy of the act, the director is further authorized after due notice and opportunity of hearing to enter into marketing agreements with processors, distributors, producers, and others engaged in the handling of any agricultural commodity. Section 1300.14 reads: "(a) After such notice and hearing the director shall issue a marketing order if he finds and sets forth in such marketing order that such order will tend to: "(1) Reestablish or maintain prices received by producers for such agricultural commodity at a level which will give to such commodity a purchasing power, with respect to the articles and services which farmers commonly buy, equivalent to the purchasing power of such commodity in the base period. The base period shall be such prior period in which the director finds that (a) the volume of production. of such commodity was adequate to supply the requirements of consumers thereof and (b) the returns to producers thereof were sufficient to provide an adequate standard of living to the farm operator and his family. "(2) Approach such equality of purchasing power at as rapid a rate as is feasible in view of the market demand for such commodity. "(3) Prevent the unreasonable or unnecessary waste of agricultural wealth because of improper preparation of such agricultural commodity for market, lack of uniform grading and inspection, or excessive shipments to markets. |