§ 2925. Minimum producer price regulation
(a) The Commission may make, rescind, or amend an order regulating minimum producer prices
if the Commission finds that the federal milk marketing order minimum price is adequate
or inadequate as the case may be to ensure that the price paid to dairy producers
will cover the costs of milk production and provide a reasonable economic return to
dairy producers sufficient to ensure a stable milk production and distribution system
in Vermont.
(b) In setting equitable minimum prices, the Commission may investigate and ascertain
what are reasonable costs and charges for producing, hauling, handling, processing,
and any other services performed in respect to dairy products. The Commission shall
take into consideration the balance between production and consumption of dairy products,
the costs of production and distribution, the purchasing power of the public, and
the price necessary to yield a reasonable return to the producers, handlers, and distributors.
(1) Minimum producer prices may be based on the producer prices prevailing in federal
market order I and reflect as accurately as possible the costs of production in Vermont.
The prices should also reflect, within constitutional limitations, the competitive
position of Vermont producers within the market order. Minimum producer prices should
also reflect the actual rate of return received by distributors or handlers, whichever
is greater, as determined by the Commission.
(2) Minimum retail prices should reflect the lowest price at which milk purchased from
producers can be received, processed, packaged, and distributed by handlers and distributors
at a just and reasonable return.
(3) In establishing minimum producer and retail prices, the Commis- sion shall make applicable
findings regarding the competitive position of producers and their costs, handler
and distributor costs, reasonable rates of return, and actual handler and distributor
rates of return.
(c) Prices so established need not be uniform in all markets and may be changed from time
to time after such notice and public hearing as deemed by the Commission to be in
the public interest.
(d) Nothing in this section shall be construed to prohibit a producers cooperative from
blending the proceeds from the sale of its milk in all markets and all classifications,
and distributing such to its members in accordance with the contract with its members,
or from making deductions from sums due members of such sums as may be authorized
by the membership to be so deducted.
(e) This chapter shall apply to milk produced outside the State subject to regulation
by the State in the exercise of its constitutional police powers. Any sale or purchase
by distributors or handlers of such milk within this State at a price less than a
regulated minimum price shall be unlawful.
(f),(g) [Repealed.] (Added 1965, No. 175, § 43; amended 1991, No. 17 § 5, eff. April 4, 1991; 1991, No. 17, § 5, eff. April 4, 1991; 1991, No. 185 (Adj. Sess.); 2007, No. 157 (Adj. Sess.), § 6, eff. May 20, 2008; 2021, No. 105 (Adj. Sess.), § 125, eff. July 1, 2022; 2023, No. 6, § 55, eff. July 1, 2023.)