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The 191st General Court of the Commonwealth of Massachusetts

Section 42D: Insufficient bond or other security; notice to commissioner; statement of assets, liabilities and disbursements; additional security

Section 42D. If the business operation of any licensee is such that the total value of milk received by him from producers in any pay period exceeds the sum of his bond or other security filed under the provisions of sections forty-two A and forty-two B, he shall advise the commissioner thereof in writing not later than thirty days after the end of such pay period. The commissioner may from time to time require a licensee to file a statement of his assets, liabilities and disbursements covering a period to be prescribed by the commissioner, including the names and addresses of producers from whom the licensee receives milk and the amount due to each such producer. Such statement shall be made under the penalties of perjury by the licensee, if an individual, or, if the licensee is a corporation, by its president and treasurer. If it appears from such statement, or from facts otherwise ascertained by the commissioner, that the security afforded to producers by bond, note, mortgage or otherwise does not adequately protect them, the commissioner may require the licensee to give, immediately or within such time as the commissioner may fix, additional security in such sum as he shall determine; provided, however, that the total amount of security required of such licensee shall not thereby be made to exceed by more than twenty-five per cent the total value of milk received by the licensee from producers during any pay period in the three months immediately preceding.