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November 20, 2024 Clouds | 40°F
The 193rd General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part I ADMINISTRATION OF THE GOVERNMENT
  3. Title XV REGULATION OF TRADE
  4. Chapter 94A MILK CONTROL
  5. Section 6 Licenses; renewals; suspension; revocation; conditional licenses; hearing; notice

Section 6

Section 6: Licenses; renewals; suspension; revocation; conditional licenses; hearing; notice

Section 6. The commissioner may decline to grant or renew a license, or may suspend or revoke a license already granted, or may grant a conditional or temporary license, upon due notice and hearing to the applicant or licensee; except that the commissioner may without hearing to the applicant or licensee, but upon due notice, cancel a conditional license for breach of a condition thereof, or may decline to grant or renew a license, where the license of the applicant or licensee has been refused or revoked or a conditional license has been issued for cause within the same or the next preceding license year. The commissioner may decline to grant or renew a license or may suspend or revoke a license already granted, or grant a conditional license upon due notice and hearing to the applicant or licensee, when it is satisfied of the existence of any of the following reasons:

(1) That he has without reasonable cause refused to accept or refused to pay for milk purchased or received by him from a producer, or has without reasonable cause or without reasonable notice refused to accept or to pay for milk delivered or tendered to him by or on behalf of a producer in ordinary continuance of a previous course of dealing, except where such course of dealing is terminated in accordance with an express contract existing between the milk dealer and such producer with respect to the time and method of termination;

(2) That in any instance he has failed without reasonable cause to account and make payment when due for milk purchased or received by him;

(3) That he has committed any act or engaged in any course of conduct tending to reduce the price of pure, fresh milk to such an extent as to interfere with the supply thereof produced in the commonwealth, which supply is hereby declared to be necessary for the public health, public welfare and trade and commerce;

(4) That he has engaged in a course of action which, in the opinion of the commissioner, indicates his inability or unwillingness properly to conduct the business of a milk dealer;

(5) That he has been, or is, a party to a combination to fix or maintain prices contrary to law;

(6) That he has engaged in a course of action such as to satisfy the commissioner of an intent on his part to deceive or defraud customers, producers or consumers;

(7) That he has failed to keep, at his place of business within the commonwealth, minimum records required by order, rule or regulation of the commissioner as presently or previously constituted, or has failed to furnish the statements or information required by the commissioner under this chapter or required legally under similar provisions of earlier law, or has kept false records or furnished false statements with respect to such information;

(8) That any statement made by him in reliance upon which to any degree, his license as a milk dealer was granted, renewed or restored, was false or fraudulent in any material particular;

(9) That such applicant or licensee, or that any person owning any substantial interest in or having any power or control in the milk business conducted or to be conducted by the applicant or licensee, or that any person formerly owning any such interest or having any such power or control in a milk business in the commonwealth, who is, or is to be, employed by the applicant or licensee in said business, has within three years been responsible, in whole or in part, for any act on account of which a license might be denied, suspended or revoked pursuant to any provision of this chapter or any similar provision of earlier laws;

(10) That the bond or other evidence of financial responsibility required of an applicant is unsatisfactory to the commissioner;

(11) That he knowingly purchased, received, processed or handled milk, excluding cream, for sale within the commonwealth obtained from a dairy farm or has knowingly purchased, received, processed, or handled milk, including cream, for sale within the commonwealth obtained from a dealer not registered under sections sixteen A to sixteen G, inclusive, of chapter ninety-four or from a dealer not licensed under section forty-one of said chapter or from an operator of a milk plant or manufactory not licensed under section forty-two A of said chapter, or sold milk to or processed or handled milk for a dealer not so registered, or not so licensed under said section forty-one;

(12) That he knowingly purchased, received, processed, sold or otherwise handled milk within the commonwealth in violation of any of the applicable laws, or of the rules, regulations and requirements of the commissioner; or

(13) That he has violated any provision of this chapter or of similar provisions of earlier laws, or of an order, rule or regulation of the commissioner.