Agriculture & Markets - Milk Control - License fees


Published: 2014-09-22

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§ 258-a. License fees. 1. A milk dealer receiving, purchasing,
handling or selling during any of the twelve calendar months immediately
preceding the period for which the license is issued a daily average
total quantity of milk not exceeding four thousand pounds shall pay a
license fee of one hundred dollars; and for each additional four
thousand pounds of milk or fraction thereof received, purchased, handled
or sold, the license fee shall be increased forty dollars. In no event,
however, shall a license fee in excess of seven thousand five hundred
dollars be required.

2. An applicant who has not previously engaged in such business shall
pay the minimum license fee as provided herein for the type of business
which he proposes to conduct. Any such applicant who during any calendar
month of the first year covered by his license receives, purchases,
handles or sells a greater quantity of milk than that upon which the
license fee paid by such milk dealer was based shall for each additional
four thousand pounds of milk or fraction thereof pay an additional
license fee of forty dollars.

3. It is not the intent that milk utilized by the applicant or
licensee or sold by him in the form of manufactured products shall be
included in the determination of the amount of license fee. Sales by a
milk dealer of milk outside of the state not involving the receipt or
handling or distribution within the state shall not be included in the
determination of the license fee.

4. The commissioner may, by rule or order, provide for licensing, at
any rate of license fee less than the rates herein fixed, any milk
dealer or class of milk dealers which he is authorized to exempt from
license requirements.

5. A milk dealer who neither buys nor sells milk but who operates a
plant in which milk is pasteurized, processed or handled shall pay a
license fee of one hundred dollars.

6. A milk dealer which is a producers' bargaining and collecting
cooperative and does not operate milk plants or handle milk physically
or operate farm bulk tank milk routes shall pay a license fee of one
hundred dollars.

7. A milk dealer who neither buys nor sells milk but who operates a
plant in which milk is manufactured shall pay a license fee of one
hundred dollars.

8. A milk broker shall pay a license fee of one hundred dollars.

9. A milk dealer who is not a cooperative corporation and who does not
buy or sell milk but who hauls milk for other milk dealers shall pay a
license fee of one hundred dollars.

10. Notwithstanding any law to the contrary, all receipts of the
department pursuant to this section shall be deposited in an account in
the miscellaneous special revenue fund and shall be available solely for
the administration of this article. The comptroller is authorized and
directed to permit interest earnings on any balances to accrue to the
benefit of this account.