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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XV REGULATION OF TRADE
  • CHAPTER 94 INSPECTION AND SALE OF FOOD, DRUGS AND VARIOUS ARTICLES
  • Section 42A Definitions applicable to this section and Secs. 42B to 42J; licensing of buyers; application; bond or other security; fee

Section 42A. The following words, as used in this section and in sections forty-two B to forty-two J, inclusive, shall, unless the context otherwise requires, have the following meanings:

“Cooperative association”, a duly incorporated organization of dairy farmers which the commissioner determines to be qualified under the provisions of the Act of Congress of February 18, 1922, known as the “Capper-Volstead Act”, and to be engaged, by virtue of a membership agreement or contract in full force and effect, in making collective sales of, or marketing, milk or its products for producers.

“Pay period”, the period in any month from the first to the fifteenth day, inclusive, or from the sixteenth to the final day inclusive.

“Producer”, any person engaged in the commercial production of milk on a place or premises within the confines of the commonwealth, including, to the extent deemed necessary or advisable by the commissioner, a cooperative association which represents any such person in the marketing of his milk.

“Receive” or “receipt”, the act of any person, licensed or required to be licensed under the provisions of chapter ninety-four A, by which raw milk is first accepted or caused to be accepted from a producer.

No person shall receive milk from producers unless licensed to do so by the commissioner. Application for such license shall be made on or before March the first in each year for the license year beginning June the first following, or at any time later than March the first in any year for the balance of the license year after the date of issue of the license, which date shall be at least two months subsequent to the filing of the application. Such application shall be made upon a form prescribed by the commissioner and shall contain a statement of such information as he may require to aid him in fixing the amount of the bond or other security hereinafter required. Such statement shall be made under the penalties of perjury by the applicant, if an individual, and, if the applicant is a corporation, by its president and treasurer. A license shall not be issued unless the applicant shall execute and file at the time of filing the application, or within such further time as the commissioner may allow, a bond or other security satisfactory to the commissioner or shall be relieved therefrom as provided in section forty-two E. The commissioner, if satisfied with the financial responsibility and good faith of the applicant and with the bond or other security filed with him, shall issue to such applicant, upon payment of a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven, a license entitling the applicant to receive milk from producers for the license year or balance thereof as the case may be.